Regular Meeting
October 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
October 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 and pointed out by Mayor Ward as required by law.
Roll call found the
following Council Members present: Doug Brown, Ed Friesen, Don Trimm, Beryl
Lueders, Shirley Bender, Kelly Davis, and Brad Kuzelka. Absent: Ron Byrd.
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 October 6, 2009.
2.
Approval of claims.
3.
Approval of the appointment of
Robert Brackle to the Planning Commission; term to expire September 2012.
4.
Approval of the September 2009
Reconciliation Report.
5.
Approval of the Reconciliation
Report for Fiscal Year Ending September 30, 2009.
Davis moved to approve
the Consent Agenda. Motion seconded by Brown. Lueders moved to amend the
main motion by voting on items 2 and 3 of the Consent Agenda separate ~
approval of claims and the appointment of Robert Brackle to the Planning
Commission. Motion seconded by Trimm. On roll call on the amendment,
Brown, Friesen, Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.” Byrd
absent. Motion carried. Lueders moved to remove the claim to Joe Watt Auto
in the amount of $15,900.00 from item 2 of the Consent Agenda ~ approval of
claims, as the vehicle was not approved at the Public Safety Committee
meeting (earlier this evening). Motion seconded by Bender. On roll call
Brown, Friesen, Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.” Byrd
absent. Motion carried. Under item 3 of the Consent Agenda ~ appointment
to the Planning Commission, Lueders moved to disapprove the appointment of
Robert Brackle to the Planning Commission. Motion seconded by Trimm.
Lueders stated she had polled people in her ward and also out of her ward
and the consensus of the people were they didn’t feel this would be a good
appointment. City Attorney David Bargen explained voting yes on this motion
would be voting against the appointment and voting no would be approving the
appointment. On roll call Lueders voted “yes.” Brown, Friesen, Trimm,
Bender, Davis, and Kuzelka voted “no.” Byrd absent. Motion failed. On
roll call on the main motion to approve the Consent Agenda, Brown, Friesen,
Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.” Byrd absent. Motion
carried.
Mayor Ward opened the
Public Hearing concerning the application to the Nebraska Department of
Economic Development (NDED) for a 2008 Disaster Recovery Program Community
Development Block Grant (CDBG) for the completion of a Disaster Recovery
Plan in the amount of $38,200.00. Don Day, with Olsson’s Associates from
Lincoln, addressed the Council. Day stated they’re requesting permission to
submit an application for the City of Fairbury for CDBG funds to the NDED to
do a study of existing storm sewer/storm water run-off issues that we have
throughout the City. Day stated Assistant Street Superintendent Laura
Bedlan had given a map to each of the Council members which outlines, in
blue, the area of the proposed storm sewer study. These areas are by the
hospital which has frequent flooding, through the middle of town which the
storm sewer is inadequately sized and dilapidated in some areas, and areas
by the ball fields which experience frequent flooding. Day stated through
the study the projects would be identified and more grant money could be
applied for to do the actual work that needs to be done.
No one else addressed the Council during
the public hearing. Mayor Ward declared the hearing closed.
Mayor Ward opened the
Public Hearing concerning the application to the Nebraska Department of
Economic Development for a 2008 Disaster Recovery Program Community
Development Block Grant for the Public Infrastructure Grant in the amount of
$364,000.00. Don Day, with Olsson’s Associates from Lincoln, addressed the
Council. Day stated they’re requesting permission to submit an application
for the City of Fairbury for CDBG funds to the NDED. With this grant, the
City would be able to take care of the storm sewers that we know are
critical throughout downtown. Last year, Olsson’s and the City had
identified problems as priority A & B. Day mentioned, at that time, the
City had taken care of the really critical problems, after the storm, which
was priority A, and now the priority B’s are getting really bad. This would
be a continuation of trying to take care of the problems.
No one else addressed the Council during
the public hearing. Mayor Ward declared the hearing closed.
Mayor Ward opened the
Public Hearing concerning a request for a Special Use Permit
(SU-2009-05) from
Gregory Hergott to remodel a garage into an apartment located at 306 E
Street, legally described as S 6” of S½ of Lot 10 and all of Lot 11, Block
31, Original Town, Fairbury, Nebraska and located in the General Commercial
Zone. Bedlan addressed the Council. Bedlan stated the zoning area that
Hergott is in does not allow for residence and he is putting one in. Since
he is a new resident, the City is requiring that he get a Special Use Permit
to remodel a garage into an apartment in a General Commercial District.
Bedlan stated this will allow Building Inspector Eric Voss to issue an
occupancy permit because Hergott is actually changing the type of building
he is in. Council members Shirley Bender and Kelly Davis questioned if
Hergott was already living there. Bedlan stated he is about 80% done.
Bender wanted to know if anything could be done, like issue fines, if
someone does not get a permit before they start the project. Bargen stated
if they do not follow procedure from the beginning, the building inspector
has the authority to halt the construction, alter the specifications; they
may have to tear something down or start over or stop until things are
cleared up. Bargen also stated he wasn’t for sure if the fee waiver has a
fine right now; but that is something that can be provided for. Bender
thinks this should be looked at and considered for future construction so
things are done right from the beginning. Council member Ed Friesen stated
the general public may not be aware that obtaining a permit is required; but
when they are confronted about this, they do come in to get the permit.
Bedlan stated some do not know the permit is a requirement; so she is
getting the word out to the public and when she does contact someone, they
do come in to get the permit that is required. Voss is working on getting a
warrant schedule set up with the court to handle these issues. Council
member Don Trimm questioned if this would be considered new construction.
Bedlan stated it would be, since he is changing the building use. No
one else addressed the Council during the public hearing. Mayor Ward
declared the hearing closed.
Bender moved to set a
Public Hearing concerning an application for a Class I Liquor License as
submitted by Wally’s Sports Bar & Grill LLC dba Wally’s Sports Bar & Grill
#I-87856 located at
1501 K Street, Fairbury, Nebraska for November 3, 2009 at 7:30 p.m. Motion
seconded by Friesen. On roll call, Brown, Friesen, Trimm, Lueders, Bender,
Davis, and Kuzelka voted “yes.” Byrd absent. Motion carried.
Bender moved to approve
the request from Gregory Hergott for a Special Use Permit
(SU-2009-05) to remodel
a garage into an apartment located at 306 E Street, legally described as S
6” of S½ of Lot 10 and all of Lot 11, Block 31, Original Town, Fairbury,
Nebraska and located in the General Commercial Zone. Motion seconded by
Davis. On roll call, Brown, Friesen, Lueders, Bender, Davis, and Kuzelka
voted “yes.” Trimm voted “no.” Byrd absent. Motion carried.
Bender moved to approve
the request from the Fairbury Chamber of Commerce to block off the square
from 4:30 p.m. – 7:15 p.m. on Saturday, October 31, 2009 for a Halloween
Party for a “Trunk or Treat” Safe Trick or Treating around the square.
Motion seconded by Kuzelka. Council member Doug Brown stated he had been
contacted by Sharon Priefert with the Chamber and she wanted the Council to
know they would be doing the same as they had done last year for the
Halloween Party. Bender stated this is a good event which makes it safe for
the kids. On roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka,
and Davis voted “yes.” Byrd absent. Motion carried.
Mayor Ward stated item
3 on the agenda under Current Business, which is consideration of automobile
purchase for the Police Department, does not need to be considered as the
Public Safety Committee did not approve the purchase earlier this evening.
Friesen stated information was discovered about the vehicle that removed it
from consideration. Information that was listed on the automobile
dealerships website was incorrect which made the vehicle not acceptable to
the Police Department. Friesen stated they are back looking at other
things and will bring this item back to the Council at a later time. No
action taken.
Mayor Ward stated item
4 on the agenda under Current Business, which is consideration of patrol dog
training, does not need to be considered as the Public Safety Committee,
earlier this evening, requested more information. No action taken.
Brown moved to adopt
Resolution No. 744 authorizing the City to levy special assessments against
Lot 4 of Smith’s Subdivision to Fairbury, Jefferson County, Nebraska, for
nuisance abatement. Motion seconded by Lueders. On roll call, Brown,
Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd
absent. Motion carried.
Davis moved to adopt
Resolution No. 745 authorizing the Chief Elected Official to formulate and
sign all documents for the application for CDBG funds in the amount of
$38,200.00 for the completion of a Disaster Recovery Plan. Motion seconded
by Kuzelka. Bargen stated he recommends an amendment to this resolution; in
the third paragraph where it states Now, Therefore, Be it Resolved By ~
there is a blank space; Bargen says it should say by the Mayor and City
Council. As it reads now, it says Be it Resolved by the Mayor. The Mayor
does not have the authority to unilaterally authorize an ordinance or a
resolution. Trimm moved to amend the main motion by adding the Mayor and
City Council of the City of Fairbury after Now, Therefore, Be it Resolved
By. Motion seconded by Lueders. On roll call on the amendment, Brown,
Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd
absent. Motion carried. On roll call on the adoption of Resolution No.
745, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Byrd absent. Motion carried.
Bender moved to adopt
Resolution No. 746 authorizing the Chief Elected Official to formulate and
sign all documents for the Determination and Certification of Urgent Need
for the proposed Disaster Recovery Plan. Motion seconded by Kuzelka.
Kuzelka moved to amend the main motion by adding the Mayor and City Council
of the City of Fairbury after Now, Therefore, Be it Resolved By. Motion
seconded by Lueders. On roll call on the amendment, Brown, Friesen, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd absent. Motion
carried. On roll call on the adoption of Resolution No. 746, Brown,
Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd
absent. Motion carried.
Kuzelka moved to adopt
Resolution No. 747 authorizing the Chief Elected Official to formulate and
sign all documents for the application for CDBG funds in the amount of
$364,000.00 for Infrastructure Improvements. Motion seconded by Friesen.
Bender moved to amend the main motion by adding the Mayor and City Council
of the City of Fairbury after Now, Therefore, Be it Resolved By. Motion
seconded by Brown. On roll call on the amendment, Brown, Friesen, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd absent. Motion
carried. On roll call on the adoption of Resolution No. 747, Brown,
Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd
absent. Motion carried.
Brown moved to adopt
Resolution No. 748 authorizing the Chief Elected Official to formulate and
sign all documents for the Determination and Certification of Urgent Need
for the proposed Infrastructure Improvements. Motion seconded by Trimm.
Lueders moved to amend the main motion by adding the Mayor and City Council
of the City of Fairbury after Now, Therefore, Be it Resolved By. Motion
seconded by Kuzelka. On roll call on the amendment, Brown, Friesen, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd absent. Motion
carried. On roll call on the adoption of Resolution No. 748, Brown,
Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd
absent. Motion carried.
Within the City
Administrator’s report, Joseph Parker thanked the media; the radio and
newspaper, for helping him get the word out about the need of more
applications for the Neighborhood Stabilization Program (NSP). Parked stated
he now has seventeen applications and still getting questions regarding the
program.
Within the Mayor’s
report, Mayor Ward stated he had a meeting with the LB840 committee
yesterday to put into place a plan for a new ballot which will be with the
primary election in May 2010 for both LB840 and a ½ cent sales tax. The
committee members are Lana Likens, Jay Peterson, Thayne Tatro, Julie Knigge,
and Jeff Meyer. The committee will be having another meeting early in
November to get more information. Mayor Ward has not heard back from the
State yet, as to if it can be split and part go to infrastructure and the
other part to industrial development.
Larry Naiman, Assistant
Superintendent of Utilities addressed the Council regarding the Energy
Funding Workshop to be held on October 28, 2009 at the Community Building
from 5:30 – 7:30 p.m. The meeting will be sponsored by the Little Blue Area
Development Corporation (LBADC), NMPP Energy and Fairbury Light & Water
regarding Energy Efficiency for retail, commercial, and industrial
consumers. They will have presentations from USDA Rural Development,
Nebraska Energy Office, Fairbury Light & Water, Nebraska Department of
Economic Development, City of Fairbury, Feaster Foods, and NMPP
Energy/Mean. Naiman stated the Energy Smart Commercial Lighting Program is
provided by Municipal Energy Agency of Nebraska (MEAN) in partnership with
the local municipal utility to encourage commercial customers to replace
less efficient lighting products with new, high-efficient lighting. The
program offers cash incentives (from a limited program fund) to help cover
the cost of a variety of energy-efficient upgrades. Naiman had a compact
fluorescent light display of different light bulbs of which he explained the
efficiency of each. Naiman stated some facts of CFL’S; the CFL’s have
earned the governments energy star label efficiency rating, CFL’s last 8-15
times longer than traditional incandescent bulbs, replacement of
incandescent bulbs with CFL’s could save up to $30.00 of electricity for the
life of the bulb.
Bender moved to adjourn
the meeting. Motion seconded by Brown. On roll call, Brown, Trimm,
Friesen, Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd absent.
Motion carried. Meeting adjourned at 8:17 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
