Regular Meeting
June 2, 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 2nd day of June 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, Brad Kuzelka, and Kelly
Davis. Shirley Bender was absent.
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 19, 2009.
2.
Approval of claims.
3.
Approval of the appointment of Charles Brown to the Museum Board,
term to expire July 2013.
4.
Approval of the appointment of Larry Troxel to the Fairbury Housing
Authority, term to expire May 2014.
Byrd moved to approve the Consent Agenda. Motion
seconded by Trimm. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Kuzelka, and Davis voted “yes.” Bender absent. Motion carried.
Mayor Ward conducted the public hearing 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. Mayor closed the hearing.
Consideration of 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. Trimm moved to approve the 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
Lueders. On roll call Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and
Davis voted “yes. Bender absent. Motion carried.
Lueders made a motion to accept the recommendation from
the Finance & Keno Committee regarding the proposal submitted by Starr
Buckow Insurance Agency for various property and liability insurance
coverage with the exception of terrorism coverage. Motion seconded by
Byrd. On roll call Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis
voted “yes.” Bender absent. Motion carried.
Friesen made a motion to approve the Street Department
to lease a 2009 New Holland Model L 185 skid loader. Motion seconded by
Trimm. Ass’t Street Supt. Bedlan stated the cost for the year will be
$1500.00 a year, but not to exceed 250 hours of usage. This will save the
wear and tear on our skid loaders. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Davis made a motion to approve the transferring
payments for the 2007 E-One Fire truck from the Fire Equipment Fund to the
Storm Sewer Bond Fund. MFO money for the payments will be used.
Transferring money from one fund to another was for paper trail. Motion
seconded by Brown. On roll call Brown, Friesen, Byrd, Trimm, Lueders,
Kuzelka, and Davis voted “yes.” Bender absent. Motion carried.
Jimmy Jones spoke to the council regarding the signage
for Anna Street. Mr. Jones concerns were the safety of the children playing
in the street, vehicles speeding in the street, and his parking vehicles in
the street to work on them. A speed limit sign indicating a speed limit of
10 mph will be placed on the southeast side of Anna Street. Signs
indicating no parking shall be placed on the east and west sides of Anna
Street. Councilmen Friesen stated there is an ordinance saying it is
illegal to work on any vehicles on streets and alleys. Councilman Friesen
thought the resolution should be passed the way it is worded.
Friesen made the motion to Lay on the Table Item No. 6
- Discussion pending litigation until the end of the meeting. Motion
seconded by Lueders. Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and
Davis voted “yes.” Bender absent. Motion carried.
Brown moved to adopt Resolution No. 727 providing for
the placement of speed limit signs and no parking signs on Anna Street
within the municipality’s jurisdiction. A speed limit sign indicating a
speed limit of ten (10) miles per hour shall be place on the southeast side
of Anna Street. Signs indicating No Parking shall be placed on the east and
west sides of Anna Street. Motion seconded by Davis. Brown, Friesen, Byrd,
Trimm, Lueders, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
City Administrator spoke on Public Health Solutions.
Mr. Parker stated there are grants for communities to help the safety of
children walking and biking to school. Mr. Parker also stated he had heard
from FEMA and there are grants for Rural Fire that could be used for
construction for fire stations. He would be talking to Dave Taladay.
Mayor Ward stated that he and Mr. Parker had attended
a meeting in Lincoln on grants with the DED for Housing purchasing and
demolition up to 102 houses.
Trimm moved to Take from the Table Item # 6 under
Current Business – Discussion pending litigation. Motion seconded by
Brown. Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
In open session, Davis moved to enter into closed
session for the purpose of protecting the public interest, the subject
matter of closed session being discussing pending litigation; designating
individuals to remain as Mayor Ward; Council Members Brown, Byrd, Trimm,
Lueders, Kuzelka, and Davis; City Attorney David Bargen; City Administrator
Joseph Parker, and City Clerk Sharyl Preston. Motion seconded by Kuzelka.
Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis voted “yes.”
Bender 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 8:00 p.m.
The council came out of closed session at 8: 20 p.m.
Lueders moved to enter into open session. Motion seconded by Trimm. On
roll call Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Friesen moved to adjourn the meeting. Motion seconded
by Trimm. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and
Davis voted “yes.” Bender absent. Motion carried. Meeting adjourned at
8:23 p.m.
Homer L. Ward, Mayor
Ruth Belding, Deputy City Clerk
