Regular Meeting

October 21, 2008

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 21^st day of October, 2008, at 7:30 p.m.  Mayor LaVeda L. Fry 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, Ed Friesen, Ron Byrd, Don Trimm, Beryl Lueders, Brad Kuzelka, and Tim Polson.  Absent: Shirley Bender.

Mayor Fry called for the submittal of forms to request future agenda items.  No forms were submitted during the meeting.

Mayor Fry read the Consent Agenda: 

1.      Approval of the minutes of the regular meeting of October 7, 2008.

2.      Approval of claims.

3.      Approval of the September 2008 Reconciliation Report.

4.      Approval of the Reconciliation Report for Fiscal Year Ending September 30, 2008.

Polson moved to approve the minutes of the regular meeting of October 7, 2008.  Motion seconded by Brown.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent. Motion carried.

Polson moved to approve the claims with the exception of M & D Auto and Friesen Motor.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent. Motion carried.

Byrd moved to approve the claim of M & D Auto.  Motion seconded by Friesen.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, and Polson voted “yes.”  Kuzelka abstained.  Bender absent. Motion carried.

Trimm moved to approve the claim of Friesen Motor.  Motion seconded by Lueders.  On roll call, Brown, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Friesen abstained.  Bender absent. Motion carried.

Polson moved to approve the September 2008 Reconciliation Report.  Motion seconded by Brown.

On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent. Motion carried.

Trimm moved to approve the Reconciliation Report for Fiscal Year Ending September 30, 2008.  Motion seconded by Polson.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent. Motion carried.

Mayor Fry opened the Public Hearing concerning Tatro Chiropractic PC project for a “Performance Based Grant” in the amount of $20,000.00 from the LB-840 Economic Development Plan.  David Taladay, the plan administrator, with Southeast Nebraska Development District (SENDD) was present.  Taladay stated this application has been reviewed by the Economic Development Review Committee.  The grant would assist in purchasing and renovating a downtown building at 414 E Street.  Tatro Chiropractic has leased office space since 2002.  Taladay stated the Economic Development Review Committee recommends the Council approve the obligation of $20,000.00 as a “Performance Based Grant from the LB-840 Economic Development Plan for this application under the conditions of a final “Grant Conditions Agreement.”  Thane Tatro introduced himself to the Mayor and Council.  Tatro thanked Taladay for all of his help and stated he appreciates the Council’s consideration of his application.  Tatro stated his application shows his dedication to the City of Fairbury.  No other discussion.  Mayor Fry declared the hearing closed.

Trimm moved to approve the recommendation from the Economic Development Review Committee for potential changes in anticipation of any renewal of the LB-840 Economic Development Plan.  Motion seconded by Byrd.  Taladay stated the committee is requesting the Council provide the following recommendations to the appointed “steering committee” for the program:  Financing Amounts:  Annual allocation of $150,000.00 for Economic Development Plan loan funding and annual allocation of $50,000.00 for street improvements with a priority for “H” Street development.  Another recommendation under eligible activities is a revolving loan fund from which low interest or performance based loans will be made to qualifying businesses on a match basis from the grantee business and based upon job creation and/or retention, extra consideration given to jobs above the average wage scale for the community.   On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”   Bender absent.  Motion carried. 

Brown moved to approve the request from the Fairbury Area Girls Hoops to use the Community Building for the 2008-2009 season.  They will also be hosting the 14^th Annual Fairbury Basketball Tournament this year.  Motion seconded by Byrd.   On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent.  Motion carried. 

Polson moved to approve transferring $1,000.00 from the Keno Fund to the Community Building Fund to purchase chairs and tables for the Community Building.  Polson stated the Finance Committee had approved and recommended the Council approve this transfer.  Motion seconded by Lueders.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.” Bender absent.  Motion carried. 

Lueders moved to Lay on the Table Item #4 under Current Business – Update on pending litigation.  Bargen stated this would be held in closed session at the end of the council meeting.  Motion seconded by Brown.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent.  Motion carried. 

Trimm moved to adopt Resolution No. 700 obligating LB-840 funds to “Tatro Chiropractic, LLC” for a “performance based grant” of $20,000.00 under specified conditions.  Motion seconded by Friesen.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent.  Motion carried. 

Trimm moved to adopt Resolution No. 701 authorizing the Chief of Police to enter the City of Fairbury into an Interlocal Agreement for the administration of the Rural Apprehension Program (RAP).  Motion seconded by Byrd.  Friesen wanted to know if everyone present knew what this pertained to.  Chief of Police Chief Brooks Bryan stated it is a task force effort; a cooperative law enforcement effort.  It is a written interlocal agreement for the purposes of carrying out the RAP objectives and grant requirements of the Nebraska Crime Commission.  Both Trimm and Byrd stated how valuable the program is and how everyone works together.   On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent.  Motion carried. 

Mayor Fry read by title Ordinance No. 2978:  AN ORDINANCE AMENDING THE CITY OF FAIRBURY SUBDIVISION REGULATIONS TO ADD A SECTION 3.09 – ADMINISTRATIVE SUBDIVISION.  Polson moved to give third reading to Ordinance No. 2978.  Motion seconded by Brown.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent.  Motion carried.  Polson moved to give final passage of Ordinance No. 2978.  Motion seconded by Trimm.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent.  Motion carried.

Within the City Administrator’s report Joseph Parker stated that he and Sharon Janzen of the Housing Committee will be on the radio November 6, 2008 talking about the “Mayor’s Round Table for Housing” which will be held November 12, 2008 in the Council Chambers regarding the Community Housing Study.  Parker also mentioned we’re getting ready for the auditors next week.

Mayor Fry stated she had received a thank you for herself and the Council from the Homecoming Committee for allowing streets to be closed for the homecoming activities.

Ed Friesen stated the Jefferson County Historical Society has donated $1,000.00 to the renovation of the Girl Scout Cabin.  Friesen also stated that $50.00 was raised at the community celebration that was held in the park two weeks ago.  They had a baseball radar machine set up to see how fast you could throw the ball – this raised $50.00 which they are also donating to the Girl Scout Cabin.

Trimm moved to Take from the Table Item #4 under Current Business – Update on pending litigation.  Motion seconded by Brown.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender 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 Fry; Council Members Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson; City Attorney David Bargen; City Administrator Joseph Parker, and City Clerk Sharyl Preston.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent. Motion carried.  Mayor Fry 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 7:50 p.m.

The council came out of closed session at 8:22 p.m.  Trimm moved to enter into open session.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent. Motion carried.

Bargen distributed parliamentary procedure handouts to the council.

Byrd moved to adjourn the meeting.  Motion seconded by Trimm.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.”  Bender absent.  Motion carried.  Meeting adjourned at 8:25 p.m.