Regular Meeting
August 15, 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 15th
day of August, 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, and Polson. Vaughn was absent.
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 August 1, 2006. (2) Approval of claims. (3)
Approval of the July 2006 Reconciliation Report. Byrd made a motion to
approve the Consent Agenda. Motion seconded by Phillips. On roll
call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, and Polson voted
“yes.” Vaughn was absent. Motion carried.
Mayor Mueller opened the Public Hearing for the Local Option Sales Tax
Program (LB840) review. Citizens Advisory Review Committee member Keri
York reported that three LB840 funding applications were processed and that
one application is pending for the period of January 1, 2006 to June 30,
2006. Mayor Mueller closed the Public Hearing.
Chief of Police Rick Carmichael requested the Council table the holding of
the Public Hearing on the nuisance property owned by Tracy Emery, located at
821 K Street. Carmichael stated the property has been cleaned up
considerably. Stanton made a motion to table holding the Public Hearing
pending progress of cleanup by the property owner. Motion seconded by
Bartels. On roll call, Stanton, Byrd, Bartels, Bender, Brown, and
Polson voted “yes.” Phillips voted “no.” Vaughn was
absent. Motion carried.
Phillips made a motion to approve the appointment of Don Eisenhauer to the
Citizens Advisory Review Committee, term to expire December 2007. Motion
seconded by Byrd. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, and Polson voted “yes.” Vaughn was absent. Motion
carried.
Byrd made a motion to approve the appointment of Alana Harness to the
Citizens Advisory Review Committee, term to expire December 2011. Motion
seconded by Phillips. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, and Polson voted “yes.” Vaughn was absent. Motion
carried.
Patricia Tedrow addressed the Council, requesting permission for a curb cut
at the sidewalk and driveway at 1302 H Street. Street Superintendent
Mick Hynek stated he did not oppose the request. Bartels made a motion
to approve the request. Motion seconded by Brown. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, and Polson voted “yes.” Vaughn
was absent. Motion carried.
The Council considered the Fairbury Airport Authority’s tax request of
$28,800 for budget year 2006-2007. City Administrator Jim Ferneau
recommended the Council set the tax allocation for 2006-2007 at $24,000. Stanton
made a motion to reject the Airport Authority’s tax request of $28,800 and
to set the tax amount for 2006-2007 at $24,000. Motion seconded by
Bartels. On roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown,
and Polson voted “yes.” Vaughn was absent. Motion carried.
Bender made a motion to approve a request from the United Methodist Church
for permission to reserve the east and south sides of the church for parking
during its annual bazaar to be held on September 9, 2006, from 8:00 a.m. to
2:00 p.m. Motion seconded by Byrd. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, and Polson voted “yes.” Vaughn
was absent. Motion carried.
Bids received on the lease of the Industrial Park farm were as follows: Brian
Starck, $3592; Joel Austin, $2200; Chris & Michelle Henske, $2056. Bender
made a motion to accept the bid from Starck of $3592 per year for three
years. Motion seconded by Brown. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, and Polson voted “yes.” Vaughn was
absent. Motion carried.
Hynek provided the Council with information and prices for possible trash
receptacles to be placed around the square in the Central Business District
after construction is complete. No action was taken.
The Council discussed the Council Chambers sound system. Mayor Mueller
stated he wants to research options for updating the system. Recording
media, cord options, and microphones were discussed. Ferneau stated
Randy Bauer of KUTT KGMT 99.5 recommended contacting Tom Russell who does
engineering for the radio station. Ferneau stated Russell was contacted
and is willing to consult on the project. Ferneau was directed to
determine Russell’s fees and report back to the Council. No action
was taken.
The Council discussed contracting with Doug Johnson Audio Video Productions
for participation in the Tourism TV project. Cable access channels were
discussed. Bender stated the estimated cost of the cable equipment
necessary to broadcast Council meetings is $6000, but that the equipment
could serve schools and churches as well as the City while providing
statewide tourism exposure. Ferneau stated funding sources are still
being determined but that the Jefferson County Visitors Committee, the
Jefferson County Historical Society, and the Diller Community Club have all
expressed interest in the project. Bender stated she would like to see
the Board of Public Works become involved. Ferneau asked the Council to
consider whether the expense should be paid from the General fund or perhaps
the LB840 fund. No action was taken pending determination of exact
project cost.
Sergeant Doug Klaumann addressed the Council stating the Police Department
has been granted a speed monitoring trailer from the Nebraska Office of
Highway Safety at no cost to the City. Maintenance expenses were
discussed. Klaumann stated the trailer would be shared with the
Jefferson County Sheriff’s Department. Bender made a motion to accept
the grant from NOHS for the speed surveillance equipment. Motion
seconded by Stanton. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, and Polson voted “yes.” Vaughn was absent. Motion
carried.
Bender made a motion to approve an agreement with the Fairbury Area Softball
Association for Maintenance/Management of the Softball Complex. Motion
seconded by Phillips. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, and Polson voted “yes.” Vaughn was absent. Motion
carried.
The Council considered an agreement with Benchmark Title Company for
indemnification of the City regarding construction of a sidewalk over an
underground vault. City Attorney Tim Noerrlinger stated the agreement
allows the City to remove the current vault cap and replace it to allow new
sidewalk to be constructed over the vault and indemnifies the City to any
liabilities resulting from the vault remaining open or damage to private
property due to the vault cap being replaced. Noerrlinger advised the
City is still liable while the vault is open and being redone. Phillips
made a motion to approve the agreement. Motion seconded by Byrd. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, and Polson voted
“yes.” Vaughn was absent. Motion carried.
Bender made a motion to replace the stoplight at the intersection of 6th
and E Streets with a four-way stop sign. Motion seconded by Stanton. Noerrlinger
advised the City is legally able to make the proposed change. Stanton
stated many citizens are requesting a four-way stop at the intersection. Discussion
ceased. On roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown,
and Polson voted “yes.” Vaughn was absent. Motion carried.
No action was taken on Resolution No. 633 regarding the property owned by
Tracy Emery located at 821 K Street.
The Council considered Resolution No. 634 entering the City of Fairbury into
an interlocal agreement for the administration of the Rural Apprehension
Program (RAP). Stanton made a motion to adopt Resolution No. 634. Motion
seconded by Byrd. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, and Polson voted “yes.” Vaughn was absent. Motion
carried.
Byrd made a motion for third reading and final passage of 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. Motion seconded by Phillips. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, and Polson voted “yes.” Vaughn
was absent. Motion carried.
Mayor Mueller reported information was provided to the Council by Police
Captain Jordan regarding junk cars and their removal. Bender stated for
the record that all loans made to Big Bamboo Studios have been repaid.
Bender made a motion to adjourn the meeting. Motion
seconded by Bartels. On roll call, Stanton, Phillips, Byrd,
Bartels, Bender, Brown, and Polson voted “yes.” Vaughn was absent. Motion
carried. Meeting adjourned at 8:26 p.m.
E.M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
