Regular Meeting
May 19, 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 19th day of
May, 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 May 5, 2009.
2.
Approval of claims.
3.
Approval of the April 2009
Reconciliation Report.
4.
Approval of the appointment of
Mike Hitchcock to the Museum Board.
Term to expire July 2012.
5.
Approval of the resignation of
Steve Siefford from the Planning Commission.
Trimm moved to approve
the Consent Agenda. Motion seconded by Byrd. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”
Motion carried.
Bender moved to set a
public hearing for June 2, 2009 at 7:30 p.m. concerning a Request for
Special Use Permit (SU-2009-02) from Carole Sprunk for a home occupation
(operation of a day care) at the residence located at 818 J Street. Motion
seconded by Davis.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Jim Morehead, Line
Superintendent with the Board of Public Works (BOPW), was present to request
approval of getting bids for a new bucket truck which is in the budget. The
specs for this will be: four wheel drive, the chassis will be similar to the
last truck but rated a little heavier, would have a 50’ height reach, bucket
with a full 180 rotation, etc. Morehead stated the BOPW has given their
approval to go out for bids. Council person Shirley Bender wanted to know
if this would fit in the building. Morehead stated it will be no problem.
Morehead is guessing the chassis will be around $90,000.00 for the four
wheel drive and the boom $105,000.00. Bender moved to approve the request
to get bids for a new bucket truck for the BOPW. Motion seconded by Byrd.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and
Davis voted “yes.” Motion carried.
Bender moved to approve
the request from SHE 2010 (Students Heading to Europe 2010) to barricade
the area from C Street east to the back entrance of Schroeder’s on 6th
Street; leaving the alley open, from 6:30 p.m. to 12:00 a.m. on June
6, 2009 for Wild West Weekend for a teen dance. Motion seconded by Byrd.
This is a fundraiser for the Fairbury High School students to go on an
educational trip to England, Ireland, Scotland and Wales in June 2010. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis
voted “yes.” Motion carried.
Friesen moved to
approve the revised Maintenance Agreement (lane mile change and rate
increase) between the City of Fairbury and the Nebraska Department of Roads
for
January 1- December
31, 2009. Motion seconded by Lueders. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to approve
the recommendation from the Planning Commission in denying the request to
vacate a portion of Anna Street on West 4th Street. Motion
seconded by Davis. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis
voted “yes.” Motion carried.
Friesen moved to
approve the recommendation from the
Street Department for the signage on Anna Street: No Thru Traffic ~
Southeast side of Anna; 10 mph ~ Southeast side of Anna and No Parking ~
East and West side of Anna. Motion
seconded by Lueders. Bender moved to amend the main motion by adding the
elimination of the No Thru Traffic sign from the Street Department
recommendation. Motion seconded by Byrd.
On roll call on the amendment, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”
Motion carried. On roll call on the main motion on the recommendation,
Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted
“yes.” Motion carried.
Davis moved to approve
the agreement between the City of Fairbury and Jeff McReynolds regarding the
Geographic Information System (GIS). Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Trimm moved to approve
the agreement between the City of Fairbury and GIS Workshop, Inc. for
limited professional consulting services. Motion seconded by Lueders. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis
voted “yes.” Motion carried.
Kuzelka moved to
authorize Mayor Ward to sign the lien releases for nuisance properties.
Motion seconded by Davis. City Attorney David Bargen stated these are for
mowing liens that we had filed last year and they are now paid in full.
On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Davis moved to adopt
Resolution No. 723 obligating LB840 funds to “Sims Florist ~ owned by Kay
and Gary Hauschel for a “Downtown Design Challenge Grant” in the amount of
$2,615.00. Motion seconded by Kuzelka. David Taladay with Southeast
Nebraska Development District (SENDD) stated the Historic Preservation
Commission had met on April 28, 2009 to review the application from Kay and
Gary Hauschel doing business as “Sims Florist”, for assistance under the
“Downtown Design Challenge Grant” program. Taladay stated the applicant
will renovate the exterior of a newly purchased building at
420 4th
Street; which will consist of removing existing plywood at entrance and
install new door and windows at entry on first floor and prepare and paint
windows and trim on second floor. Taladay stated the applicant meets the
Downtown Design Challenge Grant criteria as reviewed by the Commission
members. Local contractors have provided competitive price quotes for the
project activities. Taladay stated the Historic Preservation Commission
recommends the City Council approve obligation of $2,615.00 as a “Downtown
Design Challenge Grant” for this application. Reimbursement would be made
upon documentation of expenditures and certification of work completed.
On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to adopt
Resolution No. 724 ratifying and confirming the prior actions of the Mayor
and City Council in the approval of the plans, specifications and estimate
of cost for certain storm sewer improvements prepared by the city’s
engineer; approving the prior actions of the Mayor and City Council in
advertising for bids; and, in the award of a construction contract for said
storm sewer improvements. Motion seconded by Friesen. Phil Lorenzen with
D.A. Davidson & Company stated this is for the creation of a storm sewer
district for interim or permanent financing if needed.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Trimm moved to Lay on
the Table, until the hearing on June 16, 2009, the proposed Resolution No.
725 ~ Resolution of Necessity for the creation of City of Fairbury Storm
Sewer Improvements consisting of Storm Sewer Improvement 11th and
F Streets (Bid Section 1); and Storm Sewer Improvement 10th and G
Streets (Bid Section 2) for the construction of certain storm drainage
improvements. Motion seconded by Byrd. Lorenzen stated the proposed
resolution needs to be deferred until a public hearing is held on the matter
and that it would be necessary to publish the proposed Resolution of
Necessity and Notice of Hearing on said proposed resolution in The Fairbury
Journal-News, a legal newspaper published in and of general circulation in
the City, for two consecutive weeks after which a publication a hearing will
be held and following such hearing the Resolution of Necessity could then be
considered for final passage by vote of the City Council. Lorenzen stated
with this resolution there is no intent to levy any special assessments. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis
voted “yes.” Motion carried.
Friesen moved to adopt
Resolution No. 726 setting June 16, 2009 at 7:30 p.m. to conduct a hearing
on the final consideration and passage of the Resolution of Necessity
creating Storm Sewer Improvement 11th & F Streets (Bid Section
1); and Storm Sewer Improvement
10th & G
Streets (Bid Section 2) of the City of Fairbury. Motion seconded by Brown.
On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward read by
title Ordinance No. 2982: AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
BOND ANTICIPATION NOTES, SERIES 2009, OF THE CITY OF FAIRBURY, NEBRASKA, OF
THE PRINCIPAL AMOUNT OF $220,000.00 FOR THE PURPOSE OF PROVIDING INTERIM
FINANCING FOR A PORTION OF THE COSTS OF CONSTRUCTING IMPROVEMENTS IN STREET
IMPROVEMENT DISTRICT NO. 2008-1 AND IN STREET IMPROVEMENT PROJECT NO.
2008-2, PENDING THE ISSUANCE OF PERMANENT GENERAL OBLIGATION BONDS;
PRESCRIBING THE FORM OF SAID NOTES; AGREEING TO ISSUE GENERAL OBLIGATION
BONDS TO PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE
FUNDS; AND, ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS
OF SAID NOTES. Bender moved to adopt Ordinance No. 2982. Motion seconded
by Kuzelka. Brown moved to suspend the statutory three readings rule.
Motion seconded by Trimm. On roll call on the motion to suspend three
readings, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis
voted “yes.” Motion carried. Discussion on the ordinance ensued. Lorenzen
stated the Bond Anticipation Note Financing, Series 2009 would be at a
recommended issuance rate of 1.35%; will mature September 15, 2010.
Lorenzen stated the expected calendar for this project is adopting the
ordinance this evening authorizing the notes so the note proceeds can be
delivered to the City June 19, 2009 to be available to pay contract
expenses; the project should be completed late summer or early fall; start
process of special assessments in the fall; levy special assessments in
January/February 2010; authorize permanent bond financing in February/March
2010, and pay off Bond Anticipation Notes March/April 2010. The use of the
funds are: project bids awarded in the amount of $163,471.62, engineering
costs in the amount of $52,210.00, cost of issuance in the amount of
$1,870.00, legal opinion in the amount of $500.00, capitalized interest in
the amount of $1,336.50, and contingency in the amount of $611.88 for a
total of $220,000.00. The City Treasurer will be the Paying Agent and the
Registrar. On roll call on the passage of Ordinance No. 2982, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Within the City
Administrator’s report Joseph Parker stated he and the Mayor had attended
the monthly meeting at the police department at which the dog use was
reported. The dog had been used seven times in the last month with a hit of
six positive indicators of which contraband was found in four of the cases.
Within the Mayor’s
report Homer Ward stated Mr. Keelar from NMPP had met this week, concerning
our economic development, with the Mayor, Joe Parker, Justin Goranson, John
Hiebert, Paul Dunekacke, Don Wiseman, and Brad Kuzelka. Keelar is helping
develop an economic development committee. They will be having another
meeting June 9, 2009. They need to decide on the name of the committee,
elect a chair person, and each representative needs to bring ten ideas they
think are needs for Fairbury for economic development. Mayor Ward also
wants the Council to provide a list of ten ideas for the committee to work
on. They will prioritize these at their next meeting. Mayor Ward also
stated that Mr. Wiseman didn’t feel he would be able to be on this
committee. They will report to the Council after their next meeting.
Council person Kelly
Davis stated the 10/11 Can-Care-a-Van will be in Fairbury June 2. Davis
challenged the Council donating 25 pounds each so could get at least 200
pounds donated from the Council.
Davis moved to adjourn
the meeting. Motion seconded by Kuzelka. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried. Meeting adjourned at 8:04 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
