Regular Meeting
August 19, 2008
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 August, 2008, at 7:30 p.m. Mayor LaVeda L. Fry 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, and Tim Polson. Absent:
Shirley Bender.
Mayor Fry called for the submittal of forms to request future agenda items.
No forms were submitted during the meeting.
Mayor Fry read the Consent Agenda:
1.
Approval of the minutes of the regular meeting of August 5, 2008.
2.
Approval of claims.
3.
Approval of the July 2008 Reconciliation Report.
Byrd made a motion to approve the Consent Agenda. Motion seconded by
Polson. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, and Polson
voted “yes.” Bender absent. Motion carried.
Friesen made a motion to set a Public Hearing for an amendment to the
administrative subdivision regulations for September 16, 2008 at 7:30 p.m.
Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, and Polson voted “yes.” Bender absent. Motion carried.
Mayor Fry asked the Council to vote on the appointment of Bradley Kuzelka to
fill the vacancy in office of City Councilman, Ward II. Term to expire
2010. Brown, Friesen, Byrd, Trimm, Lueders, and Polson voted “yes.” Bender
absent. Motion carried. Kuzelka was sworn into office by City Attorney
David Bargen, who administered the Oath of Office to Kuzelka. Kuzelka
assumed his position on the City Council.
Mayor Fry introduced Joseph Parker, City Administrator to the community.
Trimm made a motion to approve the Fairbury Civic Foundation handling the
donations for the Girl Scout Cabin and doing a press release. Motion
seconded by Lueders. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Kuzelka, and Polson voted “yes.” Bender absent. Motion carried.
Brown made a motion to approve the establishment of a committee to head the
repair efforts of the Girl Scout Cabin. Motion seconded by Friesen. Brown
questioned the Mayor what she was looking for in establishing a committee.
Mayor Fry said she does have a volunteer and she thought it would be a good
idea to have a committee oversee the project. Fry stated she had a
contractor contact her this last weekend; he has some ideas and thinks he
may be able to do it cheaper; it has been very varied what needs to be done
by different contractors. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, and Polson voted “yes.” Bender absent. Motion carried.
Byrd made a motion to approve SENDD coordinating with the Fairbury Civic
Foundation on pursuing various funding alternatives and trying to get grants
for the Girl Scout Cabin. Motion seconded by Trimm. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.” Bender
absent. Motion carried.
Discussion was held regarding purchasing a lawn mower for the Park
Department. Friesen stated their was a difference of bids received of
$900.00. The Park Department wants a Grasshopper mower like they have now
which they would purchase from a dealer in Superior; they would only have to
keep parts on hand of one kind. Friesen stated a local dealer,
Wheel-N-Deal, had a lower bid for a Gravely mower and if they had any
warranty work that needed to be done or service work it could be done here
locally and that parts would be available. Friesen stated that he had
visited with Kelly Coffey and they want a Grasshopper because that is what
they’ve had and they like how they handle. Public Works Committee member
Beryl Lueders stated they had sent it on to the council for discussion.
Citizen Pam Schroeder stated the Parks Committee only had two members
present at their meeting; she didn’t think that was enough to bring a
recommendation to the Council. Mayor Fry stated that they did not make a
recommendation; they passed it on to the Council for discussion. City
Attorney David Bargen said the Committee only had three members and two
would be a quorum. Citizen Mary Ann Willis stated the Jefferson County
Historical Society had just purchased a Gravely mower from Wheel-N-Deal and
they are very happy with it. Trimm made a motion to approve purchasing a
Gravely lawn mower for the Park Department from Wheel-N-Deal. Motion
seconded by Lueders. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Kuzelka, and Polson voted “yes.” Bender absent. Motion carried.
Brown made a motion to approve the bid of Dave Banahan Trucking & Excavating
in the amount of $5,540.00 for the demolition of the house located at 917 G
Street. Motion seconded by Friesen. Friesen stated the reason for his
seconding the motion was the possibility of asbestos. The Banahan bid has
an additional addendum to the bid specifying asbestos, the additional amount
added to the original bid would not exceed $4,000.00. The other bid
received stated if any additional costs assessed by the State would be the
City’s responsibility; this would be a wide open bid. On roll call, Brown,
Friesen, Byrd, Trimm, Kuzelka, and Polson voted “yes.” Lueders voted “no.”
Bender absent. Motion carried.
Friesen made a motion to disapprove paving a portion of the 11th
Street entrance to the Fairbury Jr/Sr High School until they have more
information. Motion seconded by Brown. Fred Helmink, Superintendent of
Schools in Fairbury, stated one of the reasons for wanting to pave the back
entrance to the high school is for safety reasons. They have had large
traffic jams, so they opened the back entrance. They would like this option
to decide the route for the buses and for the parents. The school would pay
their fair share to get his done. They just want to get this in motion so
it can be completed by next year as they may be playing football behind the
school. Helmink stated it is important to make the property owners aware.
Citizen Kent Preston stated they need to check that maybe a paving district
would have to be set up and who would all be assessed for the project.
Preston also stated need to check out if former council had an agreement
with property owners or the school and also check to see if the City had
made any agreements regarding the entrance. Polson wanted to know what
property owners this would involve and if we have to get their permission.
Helmink stated the ones right next to it would be Guy Stewart and Randy
Smith. Bargen stated he needs to check the statutes regarding land owners,
etc. The land owners could petition if they do not want this. Brown stated
we need cost estimates; also the driveway is twenty feet wide and the street
is thirty feet wide; we need to get some issues worked out and their could
be a water issue. Trimm also stated we need to get a dollar figure. Helmink
stated it would only be an exit not an entrance to the school and the gates
are closed after school is dismissed. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Kuzelka, and Polson voted “yes.” Bender absent. Motion
carried.
Mayor Fry stated that Item #9, a request from the Little Blue BBQ, was sent
in error and is to be eliminated from the agenda. They did want to thank
the City for letting them use the park and providing services for the BBQ
event.
Friesen made a motion to accept the request from Fire Chief Eric Voss to
close E Street between 3rd and 4th Street
intersections for an exercise with the Emergency Services and the Nebraska
Civil Support team sometime between September 7-9, 2008 from 1:00 p.m. to
11:00 p.m. Motion seconded by Lueders. Voss stated they do not want to
tell anyone the exact date of the exercise. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.” Bender absent.
Motion carried.
Friesen made a motion to approve the purchasing of two advanced sets of
bunker gear for the Fire Department. Motion seconded by Trimm. Friesen
wanted to know what they would do with the old sets. Voss stated they keep
some on hand and also the new police officer is going to be on the fire
department and they didn’t have any for him. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Kuzelka, and Polson voted “yes.” Bender absent.
Motion carried.
Brown made a motion to approve the request from the Homecoming Committee to
have a Homecoming Parade and festivities downtown on September 26, 2008
starting at 3:00 p.m. They want to block off E Street between 4th
and 5th and no parking on the west side of E between 4th
and 5th and barricade the intersections of the parade route.
Motion seconded by Trimm. Fire Chief Eric Voss and Police Chief Brooks
Bryan gave their approval. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, and Polson voted “yes.” Bender absent. Motion carried.
Council member Brown made a motion to rescind the earlier LB840 grant to
Fairbury Steaks. Motion seconded by Trimm. Discussion ensued. Lueders
wanted to know if anyone was present tonight representing Mr. Brown. No one
was present. Bargen stated, by way of explanation, this had been on the
March 1, 2007 Council agenda and questions were raised regarding the
procedure followed during that meeting; so to make sure there is no
confusion, the Council has decided to consider this issue anew, again.
Bargen stated there is a motion and a second on the floor. Trimm wanted to
know if Bargen had notified Mr. Brown from Fairbury Steaks or his attorney
that this is on the agenda tonight. Bargen stated that he had given notice
to the attorney for Fairbury Steaks that this would be on the agenda
tonight, so that he or Mr. Brown could attend and that they are welcome to
address the Council on this agenda item. Council member Brown stated his
reason for rescinding the earlier LB840 grant was, first, the City has not
received an accounts payable from Fairbury Steaks and, second, there was a
threat of litigation against Fairbury Steaks, and now there is litigation
pending against Fairbury Steaks by McBattas Publishing. Trimm stated the
MOU had not been signed by either party. Bargen confirmed that was correct,
that an MOU was never concluded. Bargen stated one section of the MOU
required there be no legal actions, suits, or other proceedings, pending or
threatened against Fairbury Steaks. Mr. Bargen stated his assistant
confirmed from the public docket that there is a pending lawsuit against
Fairbury Steaks by McBattas Publishing, which is contrary to at least one of
the required provisions of the MOU. Lueders wanted to know if Fairbury
Steaks had also received a loan from the City. Lueders explained she asked
about the loan because it goes to the matter of other debts of Fairbury
Steaks. Bargen confirmed that, and stated that was a separate issue. Mayor
Fry asked for any other questions or discussion. There were no further
questions or discussion. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Kuzelka, and Polson voted “yes.” Bender absent. Motion carried.
Trimm made a motion to adopt Resolution No. 694 authorizing the Mayor to
sign a purchase agreement with the buyer for sale of property; legal
description Lot l, Block 3, Lindell & Hansen’s 2nd Addition of
Fairbury, Jefferson County, Nebraska. Motion seconded by Byrd. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted
“yes.” Bender absent. Motion carried.
Mayor Fry read by title Ordinance No. 2975: AN ORDINANCE SETTING SALARIES
FOR SUPERVISORS AND DEPARTMENT HEADS; PROVIDING FOR THE EFFECTIVE DATE
THEREOF; AND REPEALING CONFLICTING ORDINANCES. Polson made a motion to give
second reading to Ordinance No. 2975. Motion seconded by Byrd. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted
“yes.” Bender absent. Motion carried.
Mayor Fry read by title Ordinance No. 2976: AN ORDINANCE SETTING SALARIES
FOR CITY EMPLOYEES COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE
DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Byrd made a motion to
give second reading to Ordinance No. 2976. Motion seconded by Lueders. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted
“yes.” Bender absent. Motion carried.
Mayor Fry read by title Ordinance No. 2977: AN ORDINANCE SETTING SALARIES
FOR CITY POLICE DEPARTMENT EMPLOYEES COVERED BY CWA AGREEMENT; PROVIDING FOR
THE EFFECTIVE DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm
made a motion to give second reading to Ordinance No. 2977. Motion seconded
by Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and
Polson voted “yes.” Bender absent. Motion carried.
Within the City Administrator’s report Joe Parker stated this is his second
week, he’s getting settled in and things are going well.
Within the Mayor’s report Fry stated she had received a thank you and a
picture from the Fairbury Girls Softball Xtreme group for letting them use
the City Park for a fundraiser.
Polson stated that the Finance Committee had approved the budget and we do
have a balanced budget.
Byrd made a motion to adjourn the meeting. Motion seconded by Lueders. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Polson voted
“yes.” Bender absent. Motion carried. Meeting adjourned at 8:10
p.m.
LaVeda
L. Fry, Mayor
ATTEST:
Sharyl Preston, City Clerk
