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Regular Meeting

December 1, 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 1st day of December 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: Don Trimm, Ed Friesen, Doug Brown, Beryl Lueders, Shirley Bender, Kelly Davis, and Brad Kuzelka. 

 

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 November 17, 2009.

2.      Approval of claims.

3.      Consider resignation of Ron Byrd from City Council Ward 2 seat.

4.      Approval of the appointment of Mary Mach to the Planning Commission; term to expire September 2011.

 

Bender moved to approve the Consent Agenda.  Motion seconded by Trimm.  On roll call Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Bender moved to set a Public Hearing concerning LB840 funds for a “Performance Based Grant” in the amount of $10,000.00 for “The Country Cottage” project for December 15, 2009 at 7:30 p.m.  Motion seconded by Brown.  Craig Eberle, Business Loan Officer with SENDD, addressed the Council.  Eberle stated he had a joint meeting with the CDBG-Program Income Economic Development Loan Fund (EDLF) Review Committee and the Economic Development Review Committee regarding “The Country Cottage” project. Eberle stated this project meets the criteria to use the performance based grant from the LB840 fund in the amount of $10,000.00 and also use $10,000.00 as a loan from the CDBG Reuse fund, which will be paid back to the City.  The applicant wants to expand her business, especially her cake and bakery items.  To do this, she needs additional equipment and retail space.  By moving her gift shop and baked goods retail business to a larger location, at Prairie Point Plaza, this will enable the owner, Mrs. Tammy Lueker, to create one FTE job position.  The total project needs consist of working capital – that will be used to finance moving expenses and other operating needs resulting from the expansion; inventory needed to meet customer demands in the new store; items needed to expand the cake and bakery retail portion of the business; and new store front fixtures which will enable the business to be able to fully occupy the new retail location and make a dramatic impact to new and existing customers.  On roll call, Brown, Friesen, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”  Motion carried.

 

Friesen moved to set a Public Hearing concerning a “CDBG – Economic Development Loan Fund (Reuse Loan)”, which will be paid back to the City,  in the amount of $10,000.00 for “The Country Cottage” project for December 15, 2009 at 7:30 p.m.  Motion seconded by Davis.  On roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Brown moved to set a Public Hearing concerning LB840 funds for a “Performance Based Grant” in the amount of $40,000.00 for “Choice Communications, Inc” project for December 15, 2009 at 7:30 p.m.  Motion seconded by Lueders.  Eberle stated he had a meeting with the Economic Development Review Committee regarding the “Choice Communications Inc” project. Eberle stated this project meets the criteria to use the performance based grant from the LB840 fund in the amount of $40,000.00.  The applicant plans to lease a new 5000 square foot retail location inside the new strip mall, Prairie Point Plaza.  Choice Communications, Inc. has successfully operated for the past four years in downtown Fairbury.  By moving his electronics and communication equipment sales business to a larger location this will enable the owner, Mr. James Hintz, to create two FTE job positions.  The total project needs consist of working capital – that will be used to hire additional employees as well as fund general moving expenses; inventory needed to meet customer demands in the new store; and new fixtures and signage.  On roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Friesen moved to approve the Police Department purchasing a 2010 Ford Explorer, 4 wheel drive, on State bid in the amount of $20,775.00, and also authoring the Mayor to sign the purchase agreement and any other agreement documents needed for the vehicle and the equipment bids in the amount of $4,925.82.  Motion seconded by Bender.  Public Safety member, Ed Friesen, stated Officer Chad Sprunk has been doing the leg work searching for a vehicle for the department. Friesen also stated Sprunk has been in contact several times with our local dealer regarding the purchase.  Larry Cote had found two, used 2009 models, one with 12,000 miles and the other with 15,000 miles and each model exceeded this bid by $2,000.00.   The local dealer will be doing the warranty work and any work needed on the vehicle in the future.  The equipment to put the vehicle in service, in the amount of $4,925.82, would include all service and labor; this would also include the sirens, equipment needed inside of the vehicle.  The vehicle will be purchased from Tekamah Ford Lincoln Mercury out of Tekamah, Nebraska.  Council member Kelly Davis questioned if the department would be putting the Ford Crown Victoria up for sale.  Friesen stated they would advertise for sealed bids after the new vehicle is in service.  Friesen also stated some equipment on the Crown Victoria, radar equipment and other various equipment, would be used on the new vehicle which will help keep the cost down.  Also the money from the sale of the Crown Victoria will help offset the costs of the new Ford Explorer, hopefully by $1,000.00 - $2,500.00.  Davis also questioned who would be installing the equipment.  Sprunk stated it would be Platte Valley Communications which had the low bid by $1,100.00.  On roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

  

Brown moved to authorize Mayor Ward to sign the Easement Agreement made between Richard M. & Elva M. Smith and the City of Fairbury for the placement of a City Museum sign along Highway 136.  Motion seconded by Davis.  Mayor Ward read the easement agreement in its entirety.  On roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Brown moved to adopt Resolution No. 752 authorizing the City to levy special assessments against certain properties for nuisance abatements.  Motion seconded by Friesen.  Mayor Ward stated the liens are for fifteen properties the City had mowed, ranging from $50.00 to $400.00 for each property. On roll call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried. 

 

Within the City Administrator’s report, Joseph Parker stated today was the last day to submit applications for the demolition program.  Parker has received twenty seven applications of which he has eliminated one, as it was for a commercial property.  Parker stated he and Building Inspector Eric Voss will start the process; they have about eighteen steps they have to follow for each property.  Hopefully the demolitions will start in January; this will be a good project for the winter months.

 

Within the Mayors report, Mayor Ward stated he had received notification today that the City has received a CDBG grant in the amount of $38,200.00 for a comprehensive study for the storm sewers and road ditches that were damaged in the May-June 2008 storms.  Mayor Ward also stated the Council had accepted Ron Byrd’s resignation with reservation as Byrd has been a very loyal representative for the City over the years and we’re saddened that he has to leave.  Mayor Ward stated that Byrd was a volunteer fireman for 32 years; a police officer from July 1971 until he was appointed Police Chief in November 1985, he was Police Chief until August 1990 when he resigned; was appointed to the Council for Ward 2 in October 1999 until 2000 and elected in 2004 until his resignation now from the Council.   Mayor Ward has also been working with the LB840 committee, following specific guidelines, so the City can get LB840 on the ballot for the primary election in May 2010.  He wants to use 50% for infrastructure, specifically roads, and 50% for industrial development.  Council member Doug Brown stated it is well known the City needs to work on the streets; thinks it is a good idea to put part of the LB840 towards infrastructure.  Friesen stated he feels the split is also a good idea.  Council member Beryl Lueders also stated she thought it would have a better chance of passing if it is divided between infrastructure and industrial development.

 

Council member Ed Friesen reminded everyone to attend the Christmas Concert, at 2:00 p.m. on December 13, 2009, at the Burkley Fine Arts Center at the high school.  It will be a free will admission with all proceeds going for the Girl Scout Cabin’s restoration. 

 

Lueders moved to adjourn the meeting.  Motion seconded by Friesen.  On roll call, Brown, Trimm, Friesen, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.  Meeting adjourned at 7:58 p.m.

                                                                 Homer L. Ward, Mayor

         ATTEST:  Sharyl Preston, City Clerk

                                                                                                                                                                        

 

   
 
 
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