Regular Meeting
November 3, 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 3rd day of
November 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 20, 2009.
2.
Approval of claims.
Trimm moved to approve
the Consent Agenda. Motion seconded by Davis. On roll call Brown, Friesen,
Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.” Byrd absent.
Motion carried.
Mayor Ward opened the
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.
No one addressed the Council during the public hearing. Mayor Ward declared
the hearing closed.
Bender moved to set a
Public Hearing concerning the removal of two members from the Planning
Commission for November 17, 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.
Trimm moved to approve
the 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. Motion seconded by Davis. On roll call, Brown, Friesen, Trimm,
Lueders, Bender, Davis, and Kuzelka voted “yes.” Byrd absent. Motion
carried.
Bender moved to approve
the Maintenance Agreement (lane mile
and rate) between the City of Fairbury and the Nebraska Department of Roads
for January 1- December 31, 2010. Motion seconded by Trimm. City
Administrator Joseph Parker stated this is the same as last year, which the
City performs surface maintenance for the State at the rate of $1,160.00 per
lane mile ($8,955.20) and the State performs snow removal duties on the
highways within the corporate limits for the billed amount of $3,592.50 or
$375.00 per lane mile. On roll call, Brown, Friesen, Trimm, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Byrd absent. Motion carried.
Parker stated the City
has received the following demolition bids for 721 G Street; legally
described as the North 44½’ of Lots 1 and 2, Block 2, Original Town of
Fairbury, Jefferson County, Nebraska:
McBride Trucking & Excavation $ 8,500.00
Banahan Trucking & Excavating $ 9,468.00
Haddan Excavating $ 5,360.00
Gana Trucking $ 9,735.00
Parker recommended
going with the low bid of Haddan Excavating. Brown moved to award the
demolition bid for 721 G Street to Haddan Excavating in the amount of
$5,360.00. Motion seconded by Davis. Parker stated this is a dilapidated
property purchased by the City expressly for the purpose of demolition. On
roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Byrd absent. Motion carried.
Friesen moved to Lay
on the Table Item #4 under Current Business – Discuss pending litigation
until the end of the Council meeting. Motion seconded by Kuzelka. On roll
call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Byrd absent. Motion carried.
Davis moved to adopt
Resolution No. 749 adopting the official Housing Rehabilitation Program
Guidelines for the 2009 Citywide Housing Rehabilitation Program. Motion
seconded by Lueders. Parker stated lots of rules need to be followed for
this program. Council member Kelly Davis questioned if SENDD would be
administrating this project. Parker stated yes they would be. On roll
call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Byrd absent. Motion carried.
Friesen moved to adopt
Resolution No. 750 requesting a Deed of Reconveyance be executed for purpose
of releasing and extinguishing lien and encumbrance of Deed of Trust
executed by Russel L. Furrow and Marcia K. Furrow, and authorizing Mayor to
sign Beneficiary’s Request on said Deed of Reconveyance. Motion seconded by
Brown. Mayor Ward stated the City had a lien on this property and the lien
has been paid in full by Furrow’s; this is the procedure to release this
lien. On roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Byrd absent. Motion carried.
Within the City
Administrator’s report, Joseph Parker stated a representative from Olsson’s
Associates had been down to do a final inspection of the Softball Restroom
Complex project. He was very pleased with the project and gave his
approval. Parker stated he will be getting the necessary paperwork together
to send to the State for the grant money to be paid to the City.
Brown moved to Take
from the Table Item #4 under Current Business – Discuss pending litigation.
Motion seconded by Friesen. On roll call, Brown, Friesen, Trimm, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Byrd absent. Motion carried.
In open session, Trimm
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, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis; City Attorney
David Bargen; City Administrator Joseph Parker, and City Clerk Sharyl
Preston. Motion seconded by Kuzelka. On roll call, Brown, Trimm, Friesen,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd 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 7:43 p.m.
The council came out
of closed session at 8:22 p.m. Friesen moved to enter into open session.
Motion seconded by Brown. On roll call, Brown, Trimm, Friesen, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Byrd absent. Motion carried.
Bender moved to adjourn
the meeting. Motion seconded by Kuzelka. On roll call, Brown, Trimm,
Friesen, Lueders, Bender, Kuzelka, and Davis voted “yes.” Byrd absent.
Motion carried. Meeting adjourned at 8:24 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
