Regular Meeting
July 18, 2006
The Mayor and Council of the City of Fairbury met in regular session in the
Council Chambers, 612 D Street, Fairbury, Nebraska, on the 18th
day of July, 2006 at 7:30 p.m. Mayor E.M. Mueller called the meeting to
order. Roll call found the following Council Members present: Stanton,
Phillips, Byrd, Bender, Bartels, Brown, Vaughn, and Polson.
Notice of meeting was given in advance thereof by publication in the
Fairbury Journal News, Fairbury, Nebraska, the designated method of giving
notice, as shown by affidavit of publication. The Open Meetings Act is
posted on the wall of the Council Chambers as required by law.
Mayor Mueller read the Consent Agenda. (1) Approval of the minutes of
the regular meeting of July 5, 2006. (2) Approval of claims. (3)
Approval of the Reconciliation Report for June 2006. (4) Approval of
the resignation of Lymon Hamm from the Citizens Advisory Review Committee. Stanton
made a motion to approve the Consent Agenda. Motion seconded by
Phillips. On roll call, Stanton, Phillips, Byrd, Bartels, Bender,
Brown, Vaughn, and Polson voted “yes.” Motion carried.
Ferneau stated Lambriar Animal Health Care is making a Community Development
Block Grant (CDBG) request and that a hearing needs to be held on the
matter. Byrd made a motion to set the date of the public hearing for
August 1, 2006, 7:30 p.m. Motion seconded by Bartels. On roll
call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson
voted “yes.” Motion carried.
Mayor Mueller opened the public hearing on the nuisance property owned by
Joseph Edwards, located at 921 Bacon Road. Police Chief Rick Carmichael
presented photographs of the interior and exterior of the property taken
June 7, 2006, after an inspection warrant was obtained from the proper
authority. Edwards spoke in regards to his property arguing that the
property is secured, used only for storage, and not meant to be inhabited. Mayor
Mueller declared the hearing closed.
Carmichael addressed the Council regarding the property owned by Martin
Boomgaarn Sr. and Athena Boomgaarn, located at 309 West 3rd
Street, stating the property owners are actively working on remedying the
nuisance. Carmichael requested the holding of the scheduled public
hearing be tabled. Byrd made a motion to table the holding of the
public hearing on the property at 309 West 3rd Street. Motion
seconded by Stanton. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Mayor Mueller opened the public hearing on the nuisance property owned by
Tracy Emery, located at 821 K Street. Carmichael presented photographs
of the property and stated the mowers and junk on the property make it a
public nuisance. No one else spoke on the matter. Mayor Mueller
declared the hearing closed.
Mayor Mueller opened the public hearing on the nuisance property owned by
William Garrett, located at 520 A Street. Carmichael presented
photographs of the interior and exterior of the house. Garrett stated
he intends to tear down the structure, but needs time to complete the
demolition. Citizen John Gandara stated he doesn’t see anything wrong
with a house being used for storage. No one else spoke. Mayor
Mueller declared the hearing closed.
Candi Sanders of the Nebraska Public Agency Investment Trust (NPAIT) gave a
presentation on investment services available and the benefits of using
NPAIT. Sanders stated the Council would need to pass an enabling
resolution to begin utilizing NPAIT services. No action was taken.
Central Business District (CBD) Improvements assessments were discussed. Rick
Siebert of KUTT KGMT was not present. City Attorney Tim Noerrlinger
informed the Council that a Street Improvement District had been created in
June 2004 enabling assessments and giving the Council the authority to sit
as the Board of Equalization when assessments are determined at project
completion. Attorney Ron Brackle addressed the Council, warning of
allowing exceptions in regards to vaults and assessments associated with the
CBD Improvements project.
Rich Robinson of Kirkham Michael Consulting Engineers addressed the Council
stating the estimated additional cost of changing the Historical Lighting
fixtures from a one globe structure to a five globe structure would be
$105,200 plus additional costs for underground work, estimated at $5500. Robinson
stated that with the change, the project could still be completed within
time constraints, but it would be tight. Citizen Joy Gaston stated less
expensive lighting options were available which were not being considered. Robinson
stated the kind of light being used in this project is a commercial grade
metal halide light and that less expensive versions were incandescent
residential grade lights not appropriate for this project. Bender
discussed the intended role of the Historical Lighting committee. Making
a modification in electrical wiring to facilitate a future change to a five
globe structure was discussed. Vaughn made a motion to change the
underground wiring, at an estimated cost of $5500, to facilitate a five
globe light if later desired. Motion seconded by Byrd. On roll
call, Stanton, Byrd, Bender, Vaughn, and Polson voted “yes.” Bartels,
Phillips, and Brown voted “no.” Motion carried.
Ed Goodteacher Jr. requested permission to hold a grand opening celebration
for Unlimited Im’ges Tattoo studio, 503 7th Street, on August
5, 2006, from 7:00 p.m. to 9:00 p.m. in the parking lot of the business. Goodteacher
stated no streets needed to be blocked off for the event. Carmichael
instructed Goodteacher to keep the crowd off the street and not to obstruct
the north entrance to Caseys. Stanton made a motion to approve the
request. Motion seconded by Bartels. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
The Council considered a request from the Fire Department to donate
used bunker gear, which meets minimum National Fire Protection Association
standards, to the Jansen Fire Department. Stanton made a motion to
approve the request. Motion seconded by Brown. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Motion carried.
Ferneau informed the Council the Finance Committee met with the Jefferson
County Commissioners on July 17, 2006, regarding the lease agreement on the
Law Enforcement Center. The Council was provided with an updated draft
of a lease agreement prepared by County Attorney Linda Bauer. Ferneau
stated that the draft did not include all the provisions requested by the
Finance Committee and recommended the committee meet again to make further
adjustments to the agreement. No action was taken.
Ferneau provided information on a video that could be produced for use as an
economic development tool showcasing the area. Ferneau stated Doug
Johnson would like to give a presentation on his services on August 1, 2006;
Johnson would give a complete presentation in the afternoon and then a short
presentation during the council meeting. Ferneau informed the Council
the Tourism Committee has voted to contribute $500 to the $3500 project. No
action was taken.
The Council discussed the replacement of the air conditioning system at the
Community Building. Bender stated there are funds in the Community
Building budget for the majority of the expense and that any overruns could
be paid out of the Keno Lottery account. Bender stated the Parks and
Recreation Committee recommends selecting the bid submitted by Anything
Electric of $9625. Street Foreman Mick Hynek stated estimates submitted
for the replacement of the air conditioning unit were as follows: Petersen
Plumbing, Heating and A/C, $12,886; Pollman Heating and Air Conditioning,
$13740; Goeking Plumbing and Heating, $13,632; and Anything Electric, $9625. Noerrlinger
advised that public bid letting is not required on amounts less than
$20,000. Bender made a motion to select the Anything Electric bid of
$9625 with the expense paid from available Community Building funds and
additional Keno funds. Motion seconded by Bartels. Brown stated he
would abstain from voting. On roll call, Stanton, Phillips, Byrd,
Bartels, Bender, Vaughn, and Polson voted “yes.” Brown abstained. Motion
carried.
The Council considered Resolution No. 626 ordering and directing Joseph
Edwards to remedy the public nuisance on the property located at 921 Bacon
Road, legally described as the South ½ of Lot 13 and the South ½ of Lot
14, Block 17, McDowell’s First Addition to the City of Fairbury, Jefferson
County, Nebraska. Bender made a motion to adopt Resolution No. 626. Motion
seconded by Bartels. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
No action was taken on Resolution No. 627 ordering and directing Martin
Boomgaarn Sr. and Athena Boomgaarn to remedy the public nuisance on the
property located at 309 West 3rd Street, due to the fact the
holding of the hearing on this property was tabled earlier in the meeting.
The Council considered Resolution No. 628 ordering and directing Tracy Emery
to remedy the public nuisance on the property located at 821 K Street,
legally described as Lot 1 and Lot 2, Block 7, Resurvey of Block 1, 6, &
7, King’s Second Addition to the City of Fairbury, Jefferson County,
Nebraska. Bartels made a motion to adopt Resolution No. 628. Motion
seconded by Phillips. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
The Council considered Resolution No. 629 ordering and directing William
Garrett to remedy the public nuisance on the property located at 520 A
Street, legally described as Lot 9, Block 21, Original Town of Fairbury,
Jefferson County, Nebraska. Phillips made a motion to adopt Resolution
No. 629. Motion seconded by Byrd. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
The Council was presented with Ordinance No. 2944: AN ORDINANCE
ENACTING A CODE OF ORDINANCES FOR THE CITY OF FAIRBURY, NEBRASKA, A
POLITICAL SUBDIVISION, REVISING, AMENDING, RESTATING, CODIFYING AND
COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION
DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES AND DECLARING AN
EMERGENCY. Ferneau stated Police Chief Carmichael would like the
Section 131.02 regarding street games left in the code and that this
ordinance would remove it. Bender questioned who determined the title
changes in respect to the Public Works Director and the Assistant Public
Works Director; Ferneau stated the changes were done to make the code
consistent with the Appointed Officials section as well as the language in
the bargaining unit contracts. Phillips made a motion to introduce
Ordinance No. 2944 and provide for its first reading. Motion seconded
by Byrd. On roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown,
Vaughn, and Polson voted “yes.” Motion carried.
Ferneau reported the Negotiating Committee is meeting July 24, 2006 at 5:30
p.m., and July 25, 2006 at 6:00 p.m. Noerrlinger reported the
Negotiating Committee has been provided with copies of the City’s most
recent counterproposal.
Byrd made a motion to adjourn the meeting. Motion
seconded by Vaughn. On roll call, Stanton, Phillips, Byrd,
Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried. Meeting adjourned at 9:47 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
