Regular Meeting
October 6, 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 6th 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, Ron Byrd, Beryl
Lueders, Shirley Bender, Kelly Davis, and Brad Kuzelka. Absent: Don Trimm.
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 September 15, 2009.
2.
Approval of claims.
3.
Approval of the reappointment
of Greg Koerwitz to the Planning Commission; term to expire September 2012.
Davis moved to approve
the Consent Agenda. Motion seconded by Friesen. On roll call, Brown,
Friesen, Byrd, Lueders, Bender, Davis, and Kuzelka voted “yes.” Trimm
absent. Motion carried.
Bender moved to set a
Public Hearing concerning two applications to the Department of Economic
Development for a 2008 Disaster Recovery Program Community Development Block
Grant for October 20, 2009 at 7:30 p.m. Motion seconded by Lueders. Mayor
Ward stated the first grant, in the amount of $38,200.00, is to fund a
Disaster Recovery Plan (a flood study). The second grant, in the amount of
$364,000.00, is to fund public infrastructure improvements which include
replacement of storm sewer at 11th and 12th Streets
and E and F Streets. On roll call, Brown, Friesen, Byrd, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Trimm absent. Motion carried.
Brown moved to set a
Public Hearing concerning a request for a Special Use Permit (SU-2009-05)
from Gregory Hergott for an apartment located at 306 E Street, General
Commercial Zone for October 20, 2009 at 7:30 p.m. Motion seconded by Byrd.
Mayor Ward stated the request is to remodel a garage into an apartment
located at 306 E Street. The application for the Special Use Permit is for
an apartment building to be used in a B1 General Commercial District. On
roll call, Brown, Friesen, Byrd, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Trimm absent. Motion carried.
Brown moved to approve
the request from the Fairbury Area Girls Hoops organization to use the
Community Building for the 2009-2010 season. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Byrd, Lueders, Bender, Kuzelka, and Davis
voted “yes.” Trimm absent. Motion carried.
Bender moved to
authorize Mayor Ward to sign the contract between the State of Nebraska,
Department of Economic Development and the City of Fairbury for the
Neighborhood Stabilization Program (NSP) ~ Contract No. 095ND32. Motion
seconded by Lueders. Mayor Ward stated this action is for the formal
signing of the contract to receive funding in the amount of $110,000.00 for
use in removing vacant and dilapidated housing within the corporate limits
of the City of Fairbury. On roll call, Brown, Friesen, Byrd, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Trimm absent. Motion carried.
Byrd moved to authorize
Mayor Ward to sign the release of lien for nuisance property located at 721
G Street; legally described as the North 44 1/2’ of Lots 1 and 2, Block 2,
Original Town of Fairbury, Jefferson County, Nebraska. Motion seconded by
Friesen. Mayor Ward stated this is to release the lien the City had
previously placed on this property for mowing and now the City has purchased
this property. On roll call, Brown, Friesen, Byrd, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Trimm absent. Motion carried.
Bender moved to
authorize Mayor Ward to sign the Real Estate Purchase Agreement made and
entered into by Roode Feedlot, Inc. and the City of Fairbury, Nebraska,
acting by and through its Board of Public Works (BOPW) with modifications
the City Attorney sees fit. Motion seconded by Friesen. Mayor Ward stated
the BOPW wants to acquire this land which is adjacent to the railroad track
and land the City already owns. Mayor Ward stated a firm is hired to settle
the agreement and for liability reasons the same firm works on the title
insurance so they have all the background and understand the time that
lapses from when the agreement was made and the signing of the agreement
that no new liens have been placed on the property, etc. City Attorney
David Bargen stated he has a few suggestions for some added provisions and a
few changes to the purchase agreement regarding when the risk of loss
passes, no new liens added in the interim, etc. The closing date is
December 1, 2009. Bargen stated this would allow the Mayor to sign an
agreement after the provisions are worked out. On roll call, Brown,
Friesen, Byrd, Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm
absent. Motion carried.
Lueders moved to
authorize Mayor Ward to send a letter and documentation to the Nebraska
Department of Economic Development (NDED) stating the CDBG Reuse fund is
active. Motion seconded by Friesen. Mayor Ward received a letter dated
September 24, 2009 from NDED stating the CDBG Program Income Report on
economic development funds which have not been used for more than two years
making it inactive; so they’re requiring the City to return the entire
amount of $48,368.37 back to NDED. Mayor Ward stated this is not the case;
the fund is active and the City is currently using a portion of these
dollars for economic development. Council person Shirley Bender questioned
if the City knew for sure they would be able to keep the funds. City
Administrator Joseph Parker stated he has visited with David Taladay from
SENDD, who thinks it will be okay, that it is just a misunderstanding; NDED
didn’t realize the City is using some of this money. Council person Beryl
Lueders also stated that the Mayor could also include the minutes from the
meeting when it was authorized to use the reuse money for Main Street
Consulting. On roll call, Brown, Friesen, Byrd, Lueders, Bender, Kuzelka,
and Davis voted “yes.” Trimm absent. Motion carried.
Police Chief Brooks
Bryan had Officer John Davis address the Council regarding purchasing a
police vehicle. Davis stated they have located a 2008 Ford Explorer, in
Oklahoma, for $17,500.00 allowing $1,000.00 trade-in for the 2000 Ford Crown
Victoria; so the total cost would be $16,500.00 which would leave $4,500.00
to purchase new equipment for the vehicle; which will keep them within the
amount they had budgeted for a different vehicle. The vehicle is used with
28,000 miles; has a three year, 36,000 mile warranty, and will also have
some of the factory warranty left. Bender questioned what the department
would do with the other Explorer they have. Davis stated it would be used
for backup for transports and backup if another vehicle is out of service;
they would hopefully trade this vehicle in on another vehicle in a couple
years. Council person Ed Friesen questioned if they could trade the Ford
Crown Victoria in or if it should go out for bids. Bargen stated it is
acceptable if they are using it as a trade-in on another vehicle. Mayor
Ward questioned if the Council needed to make a decision tonight. Parker
stated he just wanted the department to give the Council information of what
they are looking at; the dollars are already budgeted. Mayor Ward stated it
would have to go before the Public Safety Committee. No action taken.
Davis moved to Lay on
the Table Item #7 under Current Business – Discuss pending litigation until
the end of the Council meeting. Motion seconded by Lueders. On roll call,
Brown, Friesen, Byrd, Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm
absent. Motion carried.
Within the City
Administrator’s report, Joseph Parker stated the property the City had
purchased at 411 A Street has been demolished. Parker also stated the
property the City purchased at 721 G Street, an industrial hygiene
specialist from the State came down to inspect the property. The specialist
stated the outside siding will have to be removed because of asbestos and
the remainder can just be demolished with precaution. Parker stated he will
be going out for bids to have the siding removed and for the demolition.
Parker also stated he has only received five or six applications for the
house demolitions for the Neighborhood Stabilization Program. Parker would
like to extend the application deadline to December 1 at noon. Davis moved
to extend the deadline to December 1 for the Neighborhood Stabilization
Program demolitions. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Byrd,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm absent. Motion
carried.
Within the Mayor’s
report, Mayor Ward stated a meeting will be held at the Community Building
on October 28, 2009 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. Mayor Ward recommended attendance at this very
informative meeting.
Ed Friesen stated the
Girl Scouts will be having a fund raiser for the Girl Scout Cabin on
December 13, 2009 at 2:00 p.m. at the Fairbury High School. They will be
having a Christmas concert. Peg Friesen will play the piano; she will also
have a special on her cd’s with the money going to the renovation of the
Girl Scout Cabin. The Girl Scouts will also perform. Friesen checked with
the Fairbury Civic Foundation and if the checks are made out to them, it
would be tax deductible.
Brown moved to Take
from the Table Item #7 under Current Business – Discuss pending litigation.
Motion seconded by Kuzelka. On roll call, Brown, Friesen, Byrd, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Trimm 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, Friesen, Lueders, Bender, Kuzelka, and Davis; City
Attorney David Bargen; City Administrator Joseph Parker, and City Clerk
Sharyl Preston. Motion seconded by Byrd. On roll call, Brown, Byrd,
Friesen, Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm 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 7:55 p.m.
The council came out
of closed session at 8:29 p.m. Brown moved to enter into open session.
Motion seconded by Friesen. On roll call, Brown, Byrd, Friesen, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Trimm absent. Motion carried.
Friesen moved to
adjourn the meeting. Motion seconded by Byrd. On roll call, Brown, Byrd,
Friesen, Lueders, Bender, Kuzelka, and Davis voted “yes.” Trimm absent.
Motion carried. Meeting adjourned at 8:30 p.m.
Homer L. Ward, Mayor
ATTEST:
Sharyl Preston, City
Clerk
