Regular Meeting
August 18, 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 18th day of
August 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: Doug Brown, Ed Friesen, Don Trimm, Beryl
Lueders, Shirley Bender, Brad Kuzelka, and Kelly Davis. Absent: Ron Byrd.
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 August 4, 2009.
2.
Approval of claims.
3.
Approval of the July 2009
Reconciliation Report.
4.
Approval of the resignation of
Shirley Holtz from the Museum Board.
Trimm moved to approve
the Consent Agenda. Motion seconded by Brown. Bender abstained. On roll
call, Brown, Friesen, Trimm, Lueders, Kuzelka, and Davis voted “yes.” Byrd
absent. Motion carried.
Bender moved to set a
Public Hearing concerning the setting of the final tax request for the
2009-2010 Fiscal Year for the General Fund and the Bond Fund for September
15, 2009 at 7:30 p.m. Motion seconded by Friesen. On
roll call, Brown, Friesen, Trimm, Lueders, Kuzelka, Davis, and Bender voted
“yes.” Byrd absent. Motion carried.
Brown moved to set the
Budget Hearing and Budget Summary for the 2009-2010 Fiscal Year for
September 15, 2009 at 7:30 p.m. Motion seconded by Friesen. On
roll call, Brown, Friesen, Trimm, Lueders, Kuzelka, Davis, and Bender voted
“yes.” Byrd absent. Motion carried.
City Administrator
Joseph Parker stated the City of Fairbury, as a recipient of an $110,000.00
grant for Neighborhood Stabilization, is required to produce plan documents
which outline how the program works, which is eligible and criteria used to
choose housing units which may be demolished utilizing the grant dollars.
The City will receive $100,000.00 and the additional $10,000.00 is for
administrative costs. The deadline for the documents to be sent to the
State is August 21, 2009, which will be taken care of by David Taladay from
SENDD. Parker stated he has gone over the guidelines with the Nebraska
Department of Economic Development (NDED) of which they have approved the
wording. This defines a blighted structure, how many structures, and amount
of financial assistance, what would happen if the demolition would be over
$20,000.00 (this had to be added to the program guidelines so it would be
passable). Bender moved to approve the Contract Negotiation Documents for
the Neighborhood Stabilization Program (Revised Funding Summary, Revised
Part III Project Budget, Revised Breakdown Typical Residential Demolition,
Revised Part IV Implementation Schedule, and City of Fairbury NSP Program
Guidelines). Motion seconded by
Trimm. On roll call, Brown, Friesen,
Trimm, Lueders, Kuzelka, Davis, and Bender voted “yes.” Byrd absent. Motion
carried.
Brown moved to approve the request from the Homecoming
Committee to have a bonfire, Thursday, September 17, 2009 at 8:30 p.m., in
the gravel area behind the community building. Motion seconded by Kuzelka.
Mayor Ward stated both the fire chief and police chief have approved having
a bonfire. On roll call, Brown, Friesen,
Trimm, Lueders, Kuzelka, Davis, and Bender voted “yes.” Byrd absent.
Motion carried.
Bender moved to approve the request from the Homecoming
Committee to have a parade and pep rally, Friday, September 18, 2009 at 3:00
p.m. Motion seconded by Davis. Mayor Ward stated both the fire chief and
police chief have approved the parade and pep rally. They request
barricading the parade route which would start at 4th and D
Street, going north on D to 5th Street, east on 5th to
E Street, south on E to 4th Street, and then west on 4th
Street back to the start. They would also like to have E Street blocked off
from 4th to 5th Streets for the pep rally and no
parking on the west side of E Street between 4th and 5th
Streets. The festivities would conclude about 4:00 p.m.
On roll call, Brown, Friesen, Trimm,
Lueders, Kuzelka, Davis, and Bender voted “yes.” Byrd absent. Motion
carried.
Kuzelka moved to
approve the renewal permit for the City of Fairbury Solid Waste Transfer
Station in Jefferson County, Nebraska with the State of Nebraska Department
of Environmental Quality Solid Waste Management with an effective date of
December 6, 2009 through April 15, 2019.
Motion seconded by Bender. Mayor Ward stated this is just a formality; we
received the permit in the mail today. City Attorney David Bargen stated
the Nebraska State Statues have changed so the term of the permit can now be
lengthened. On roll call, Brown,
Friesen, Trimm, Lueders, Kuzelka, Davis, and Bender voted “yes.” Byrd
absent. Motion carried.
Parker stated the City
has received the following demolition bids for 411 A Street; legally
described as the North 57.28 feet of Lot 16, Nutting’s Subdivision of
Fairbury, Jefferson County, Nebraska except the west one hundred and twenty
feet thereof:
McBride Trucking & Excavation $ 10,475.00
Banahan Trucking & Excavating $ 6,750.00
Haddan Excavating $ 7,515.00
Parker recommended
going with the low bid of Banahan Trucking & Excavating. Parker stated this
property is owned by the City of Fairbury and consists of a two-story
residence and a small garage. The owner previously began the demolition
work, but was unable to continue and the City purchased the property for
$1.00 in order to remove the blight. Parker stated there will be some
asbestos removal included in this project on the furnace and pipes which has
been included in the bids. Trimm moved to award the demolition bid for 411
A Street to Banahan Trucking & Excavating in the amount of $6,750.00.
Motion seconded by Davis. On roll
call, Brown, Friesen, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Byrd absent. Motion carried.
Trimm moved to approve
a 3% salary increase for City Administrator Joseph Parker. Motion seconded
by Brown. Bargen stated according to the city administrator’s contract, any
salary or benefit adjustment shall be at the discretion of the governing
body, shall be merit based and implemented at the same time as compensation
increases of other City employees which is October 1, 2009.
On roll call, Brown, Friesen, Trimm, Lueders, Kuzelka, Davis, and Bender
voted “yes.” Byrd absent. Motion carried.
Parker stated the
consideration of an additional 1% increase in restricted funds authority for
the 2009-2010 budget allows for an additional 1% increase to the spending
limitation added to the statutory 2½ percent limit. This is not a tax
increase, it is an allowance for a spending increase should the need arise.
This same action was taken last year for the current city budget. Bender
moved to approve the 1% increase in the 2009-2010 Restricted Funds
Limitation. Motion seconded by Kuzelka.
On roll call, Brown, Friesen, Trimm,
Lueders, Kuzelka, Davis, and Bender voted “yes.” Byrd absent. Motion
carried.
Bender moved to adopt
Resolution No. 735 authorizing the City to enter into an amendment to the
purchase agreement between the City and Donald E. Willcoxon by amending the
legal description of the property set forth in Resolution No. 721 as the
North 57.28 feet of Lot 16, Nutting’s Subdivision of Fairbury, Jefferson
County, Nebraska except the West One Hundred Twenty (120) feet thereof.
Motion seconded by Friesen. Bargen stated the county had discovered an
error in the legal description, which had apparently happened years
earlier. On roll call, Brown, Friesen, Trimm, Lueders, Bender, Davis, and
Kuzelka voted “yes.” Byrd absent. Motion carried.
Friesen moved to adopt
Resolution No. 736 authorizing the City to levy special assessments against
Lot 2 of the Re-Survey of Lots 13, 14, and 15 of Nutting’s Subdivision of
the City of Fairbury, Jefferson County, Nebraska, for nuisance abatement.
Motion seconded by Brown. Bargen stated this is to levy the costs of
abating an unsafe building on this property. On roll call, Brown, Friesen,
Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.” Byrd absent.
Motion carried.
Mayor Ward read by
title Ordinance No. 2984: AN ORDINANCE AMENDING THE CITY OF FAIRBURY ZONING
REGULATIONS TO PROVIDE FOR LOCATING CHILD CARE HOMES AND CHILD CARE CENTERS
IN RESIDENTIAL AND COMMERCIAL ZONING DISTRICTS IN THE CITY OF FAIRBURY.
Brown moved to suspend the statutory three readings requirement and give the
final two readings of Ordinance No. 2984. Motion seconded by Friesen. On
roll call, Brown, Friesen, Trimm, Lueders, Davis, and Kuzelka voted “yes.”
Bender voted “no.” Byrd absent. Motion carried. Trimm moved to give final
passage of Ordinance No. 2984. Motion seconded by Brown. On roll call,
Brown, Friesen, Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.”
Byrd absent. Motion carried.
Mayor Ward read by
title Ordinance No. 2985: AN ORDINANCE SETTING SALARIES FOR CITY EMPLOYEES
COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND
REPEALING CONFLICTING ORDINANCES.
Brown moved to give
second reading to Ordinance No. 2985. Motion seconded by Lueders. On roll
call, Brown, Friesen, Trimm, Lueders, Bender, Davis, and Kuzelka voted
“yes.” Byrd absent. Motion carried.
Mayor Ward read by
title Ordinance No. 2986: AN ORDINANCE SETTING SALARIES FOR SUPERVISORS AND
DEPARTMENT HEADS; PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND REPEALING
CONFLICTING ORDINANCES.
Brown moved to give
second reading to Ordinance No. 2986. Motion seconded by Friesen. On roll
call, Brown, Friesen, Trimm, Lueders, Bender, Davis, and Kuzelka voted
“yes.” Byrd absent. Motion carried.
Mayor Ward read by
title Ordinance No. 2987: AN ORDINANCE SETTING SALARIES FOR CITY POLICE
DEPARTMENT EMPLOYEES COVERED BY CWA AGREEMENT; PROVIDING FOR THE EFFECTIVE
DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Brown moved to give
second reading to Ordinance No. 2987. Motion seconded by Trimm. On roll
call, Brown, Friesen, Trimm, Lueders, Bender, Davis, and Kuzelka voted
“yes.” Byrd absent. Motion carried.
Within the City
Administrator’s report, Joseph Parker stated he is working on updating the
employee handbook; the last one was dated 1983.
Within the Mayor’s
report, Mayor Ward stated Parker, Linda Davis, who is new to this area with
DED, and himself visited Endicott Clay, Fairbury Foods, and PVI today. They
will visit more businesses at a later time. Ward also stated Corinne
Pedersen from NMPP will be the speaker at Rotary tomorrow noon.
Bender moved to adjourn
the meeting. Motion seconded by Friesen. On roll call, Brown, Friesen,
Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.” Byrd absent.
Motion carried. Meeting adjourned at 7:53 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl
Preston
