Regular Meeting
January 20, 2009
The Mayor and Council
of the City of Fairbury met in regular session in the Council Chambers
located at 612 D Street, Fairbury, Nebraska, on the 20th day of
January, 2009, at 7:30 p.m. Mayor Homer L. Ward called the meeting to
order.
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 was posted in the meeting
room as required by law.
Roll call found the
following Council Members present: Doug Brown, Ron Byrd, Don Trimm, Beryl
Lueders, Shirley Bender, Brad Kuzelka, and Kelly Davis. Absent: Ed Friesen.
Mayor Ward called for
the submittal of forms to request future agenda items. No forms were
submitted during the meeting.
Mayor Ward read the
Consent Agenda:
1.
Approval of the minutes of the
regular meeting of January 6, 2009.
2.
Approval of claims.
3.
Approval of the December 2008
Reconciliation Report.
4.
Approval of the re-appointment
of Shirley Howell to the Board of Public Works, term to expire January 2013.
5.
Approval of the re-appointment
of Mick Hynek, Larry Naiman, and Pam Schroeder to the Tree Board, terms to
expire January 2011.
6.
Approval of the appointment of
Laura Bedlan to the Tree Board, term to expire January 2011.
7.
Approval of the resignation of
Pauline Meyer from the Museum Board.
Bender moved to approve
the Consent Agenda. Motion seconded by Byrd. On roll call, Brown, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Friesen absent.
Motion carried.
Bender moved to
set a public hearing concerning the City of
Fairbury, Nebraska 1 & 6 Year Street Improvement Plan for 2009-2014 for
February 3, 2009 at 7:30 p.m. Motion seconded by Lueders. On roll call,
Brown, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Friesen absent. Motion carried.
Bender moved to set a
Public Hearing for the Semi-Annual Review of the Local Option Sales Tax for
Economic Development (LB840) Program for February 3, 2009 at 7:30 p.m.
Motion seconded by Trimm. On roll call, Brown, Byrd, Trimm, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Friesen absent. Motion carried.
Trimm moved to
authorize the Mayor and City Clerk to sign the Request for CDBG Grant
Funds. Harry Milligan, the consultant for this grant, had sent paperwork
regarding Project No. 04-PW-008 – the Downtown Renovation Project, to get
this project closed out. On roll call, Brown, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Friesen absent. Motion carried.
Byrd moved to approve
the request for permission to advertise for bids for Paving & Drainage
Improvements for Street Improvement District No. 2008-1 and Street
Improvement Project No. 2008-2. Motion seconded by Brown. The project is
paving and drainage improvements for Improvement District No. 2008-1 which
is Bacon Road from “I” Street to “J” Street, and “J” Street from Bacon Road
to 3rd Street. Improvement Project No. 2008-2 is 17th
Street from “F” Street to ½ block east. Sealed bids are due no later than
1:30 p.m. on February 5, 2009 at the City Office. On roll call, Brown,
Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Friesen
absent. Motion carried.
Bender moved to approve
the request for permission to advertise for bids for Storm Sewer
Improvements – 2008. Motion seconded by Byrd. The project consists of two
bid sections for the purpose of abandoning existing storm sewer with flow
able fill and installation of new R.C.P., to re-route the storm sewer
drainage. Sealed bids are due no later than 2:30 p.m. on February 5, 2009
at the City Office. On roll call, Brown, Byrd, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Friesen absent. Motion carried.
Bender moved to
approve the request from the Law Enforcement Center to purchase a new entry
door and windows for the meeting room. Motion seconded by Trimm. The entry
way would be constructed to control winter drafts and block general weather
conditions as people enter the building through this area. The Law
Enforcement Center received an estimate from Fairbury Glass in the amount of
$3,576.00. The City’s responsibility would be 20% which would be $715.20.
On roll call, Brown, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Friesen absent. Motion
carried.
Trimm moved to Lay on
the Table Item #5 under Current Business – Consider authorization for Mayor
to sign Proof of Claim for filing in bankruptcy court proceeding until the
end of the Council meeting. Motion seconded by Brown.
On roll call, Brown, Byrd, Trimm, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Friesen absent. Motion carried.
Brown moved to Lay on
the Table Item #6 under Current Business – Update on pending litigation
until the end of the Council meeting. Motion seconded by Lueders. On roll
call, Brown, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Friesen absent. Motion carried.
Mayor Ward read by
title Ordinance No. 2980: AN ORDINANCE AMENDING THE CITY OF FAIRBURY
MUNICIPAL CODE SECTION 92.21 – ABATEMENT PROCEDURE FOR NUISANCES. Bender
moved to introduce Ordinance No. 2980 and provide for its first reading.
Motion seconded by Davis. City Attorney David Bargen stated this will amend
the current nuisance ordinance; this will bring the City more in line with
provisions in state statute. This will remove the automatic hearing; a
hearing would only be held if the person would request a hearing. This would
also allow for the Board of Health or an official designated by the City
Council to make the initial declaration of a nuisance. This will expedite
the procedure; help streamline the process. Lueders wanted to know if the
civil action could include an injunction. Bargen stated a civil action
could include an injunction as part of the relief requested, and violators
faced potentially being held in contempt of court. On roll call, Brown,
Byrd, Trimm, Bender, Kuzelka, and Davis voted “yes.” Lueders abstained.
Friesen absent. Motion carried.
Within the City
Administrator’s report Joseph Parker stated he has information in his office
from John McKee, Jefferson County Emergency Management, if someone would be
interested in attending training in Emergency Management, April 8, 2009 in
Lincoln; only three people from Jefferson County may attend the training.
Bargen also mentioned he had copies of an article he wrote for Rembolt
Ludtke’s e-news publication analyzing an opinion from the Attorney General’s
office regarding concealed weapons if anyone would like a copy.
Within the Mayor’s
report Homer Ward stated that he and Joe Parker had another meeting with the
department heads and will be having these monthly. He also had a meeting
with the engineering firm for the building at the Softball Complex.
Byrd moved to Take
from the Table Item #6 under Current Business – Update on pending
litigation. Motion seconded by Bender. On roll call, Brown, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Friesen absent. Motion
carried.
In open session,
Lueders moved to enter into closed session for the purpose of protecting the
public interest, the subject matter of the closed session being discussing
pending litigation; designating individuals to remain as Mayor Ward; Council
Members Brown, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis; City
Attorney David Bargen; City Administrator Joseph Parker, and City Clerk
Sharyl Preston. Motion seconded by Trimm. On roll call, Brown, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Friesen absent.
Motion carried. Mayor Ward confirmed the purpose of the closed session was
to protect the public interest, and the subject matter for the closed
session is pending litigation and announced the time of the start of the
closed session to be 7:53 p.m.
The council came out
of closed session at 8:03 p.m. Lueders moved to enter into open session.
Motion seconded by Davis. On roll call, Brown, Byrd, Trimm, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Friesen absent. Motion carried.
Bender moved to Take
from the Table Item #5 under Current Business – Consider authorization for
Mayor to sign Proof of Claim for filing in bankruptcy court proceeding.
Motion seconded by
Byrd. On roll call, Brown, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis
voted “yes.” Friesen absent. Motion carried. Brown moved to authorize
Mayor Ward to sign the Proof of Claim for filing in bankruptcy court
proceeding. Motion seconded by Byrd. On roll call, Brown, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Friesen absent. Motion
carried.
Brown moved to adjourn
the meeting. Motion seconded by Bender. On roll call, Brown, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Friesen absent. Motion
carried. Meeting adjourned at 8:10 p.m.
Homer L. Ward, Mayor
Attest:
Sharyl Preston
