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Regular Meeting

February 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 February, 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 as required by law.

 

Roll call found the following Council Members present: Doug Brown, Ed Friesen, Ron Byrd, Don Trimm, Beryl Lueders, Shirley Bender, Brad Kuzelka, and Kelly Davis. 

 

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 January 20, 2009.

2.      Approval of claims.

3.      Approval of the resignation of Jamie Swanda from the Citizens Advisory Review Committee.

4.      Approval of the appointment of Jolie Parker to the Museum Board, term to expire July 2009.

 

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

 

Mayor Ward opened the public hearing concerning the semi-annual review of the Local Option Sales Tax (LB840) Program.  Michael R. Beachler, chairman of the Citizen’s Advisory Review Committee, submitted the Program Review Report for July 1, 2008 through December 31, 2008.  The report stated applications for funding during said time period were as follows:  one application received, one application processed, zero applications denied, one application approved, no applications pending, and two applications approved/funded.  Beachler stated the financial review of the applications was conducted according to credit review standards established for the economic development program by the City of Fairbury.  The financial review of individual projects and applications was conducted independent of participation from any member of the Citizen’s Advisory Review Committee.  This program review certifies the application process was conducted properly and any funds expended or projects approved meet with the LB840 eligibility guidelines as written in our community’s plan and approved (or amended) by the citizens on November 17, 1998.  Beachler stated no discrepancies were noted in the program review.  Beachler stated the loan status report as follows:  two loans being serviced, zero number of delinquent loans, and a total of six grant projects being administered.  Citizen James Frager wanted to know who the applicants were.  City Clerk Sharyl Preston stated Tatro Chiropractic, Lambert Vet Supply and Attitudes Apparel. Councilperson Beryl Lueders stated Siebert Communications is still proceeding and Fairbury Cycles.  Citizen Pam Schroeder wanted to know how much money was in the fund.  City Administrator Joseph Parker stated approximately $400,000.00 is in the fund; but most is allocated to potential projects at this time.  No one else spoke in regards to the matter.  Mayor Ward declared the hearing closed.

 

Trimm moved to set a Public Hearing concerning the nuisance property owned by Gerald Bundy, located at 319 A Street, Fairbury, Nebraska for March 3, 2009 at 7:30 p.m.  Motion seconded by Friesen.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Brown moved to set a Public Hearing concerning the nuisance property owned by Paula Henry, located at 314 West 3rd Street, Fairbury, Nebraska for March 3, 2009 at 7:30 p.m.  Motion seconded by Bender.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Bender moved to continue the public hearing concerning the City of Fairbury, Nebraska 1 & 6 Year Street Improvement Plan for 2009-2014 for February 17, 2009 at 7:30 p.m.  Motion seconded by Byrd.  Mayor Ward stated the hearing date needed to be extended to allow for proper publication time of the hearing.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Brown made a motion to set the City-Wide Cleanup for the week of April 20 – 24, 2009.  Motion seconded by Bender.  Mayor Ward stated last year approximately 176.52 tons of materials were removed.  Mayor Ward also mentioned eligible items for pickup include appliances, furniture, rugs, tires without rims, car parts, and building materials.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Davis moved to amend Resolution No. 713 to install a “no parking here to corner” sign and adding to this a “school bus loading and unloading only” sign.  Motion seconded by Lueders. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.  Byrd moved to adopt Resolution No. 713 as amended to install a “no parking from here to corner” sign and a “school bus loading and unloading only” sign at 1301 B Street in front of the Step Ahead School.  Motion seconded by Lueders. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried. 

 

Bender moved to adopt Resolution No. 714 appointing Michael J. Beachler as an alternate representative to the Municipal Energy Agency of Nebraska Management Committee and to serve as director to represent the City of Fairbury on the Board of Directors of the Municipal Energy Agency of Nebraska (MEAN) for a term of three years.  Motion seconded by Davis.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Mayor Ward read by title Ordinance No. 2980:  AN ORDINANCE AMENDING THE CITY OF FAIRBURY MUNICIPAL CODE SECTION 92.21 – ABATEMENT PROCEDURE FOR NUISANCES.  Bender moved to give 2nd reading to Ordinance No. 2980.  Motion seconded by Friesen.  On roll call, Brown, Friesen, Byrd, Trimm, Bender, Kuzelka, and Davis voted “yes.”  Lueders abstained.  Motion carried.

 

Within the City Administrator’s report Joseph Parker stated the firm of Kirkham Michael is holding public funding workshops of which he and the Mayor may attend on March 12, 2009 in York, Nebraska.

 

Bender moved to adjourn the meeting.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”   Motion carried.  Meeting adjourned at 7:48 p.m.                                                                                                                                       Homer L. Ward, Mayor

        ATTEST:  Sharyl Preston, City Clerk                         

 

 
 
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