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