Regular Meeting
April 21, 2009
The Council of the City
of Fairbury met in regular session in the Council Chambers located at 612 D
Street, Fairbury, Nebraska, on the 21st day of April, 2009, at
7:30 p.m. In the absence of Mayor Homer L. Ward, Council President Douglas
Brown 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.
Council President Brown
called for the submittal of forms to request future agenda items. No forms
were submitted during the meeting.
Council President Brown
read the Consent Agenda:
1.
Approval of the minutes of the
regular meeting of April 7, 2009.
2.
Approval of claims.
3.
Approval of the March 2009
Reconciliation Report.
4.
Approval of the appointments
of Ed Friesen, Brad Kuzelka, and Joseph Parker to the Parks & Recreation
Special Committee, with Ed Friesen serving as chair.
Byrd moved to approve
the Consent Agenda. Motion seconded by Davis. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”
Motion carried.
Bender moved to set a
public hearing concerning a Request for Special Use Permit (SU-2009-01) from
Holly Troxel for a home occupation (photography studio) at the residence
located at 921 22nd Street for May 5, 2009 at 7:30 p.m. Motion
seconded by Friesen. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Bender moved to set a
public hearing concerning the Proprietary Budget and Budget Summary for the
City of Fairbury Utilities for May 1, 2009 to April 30, 2010 for May 5, 2009
at 7:30 p.m. Motion seconded by Kuzelka. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion
carried.
Michael Beachler,
Superintendent of Utilities, discussed the oil containment system for spill
prevention control and counter measures (SPCC). Beachler stated this is the
final stage for the spills containment for the oil tanks that we use for
back-up fuel for the generating plant. It is normally a natural gas fired
plant which creates steam. The federal government says we have to have a
dual fuel facility; so oil will be our back-up fuel. We have to replace the
tanks that we have now as they do not meet the standards for the DEQ. The
tanks need to hold 20,000 gallons of oil which would allow us to burn for
about a day and a half until we can get back on to natural gas. Olsson
Associates are the engineers for this project. The engineers gave an
estimate of $64,000.00-$65,000.00 that it would take to get something in.
Beachler stated everything meets the approval of the fire marshall; the
tanks have many warning alarms. The quote for the containment tanks from
Highland Tank & Mfg. Company is in the amount of $95,689.00 which only
includes the tanks; we will have the expense of getting rid of the old
tanks; will have to put in concrete pillars, etc. ~ so will probably be
around $160,000.00 for everything. Byrd moved to approve the purchase of
the containment tanks from Highland Tank & Mfg. Co. in the amount of
$95,689.00. Motion seconded by Trimm.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Friesen moved to Take
from the Table the consideration of request from Gloria Poteet regarding
garbage service charges. Motion seconded by Lueders.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried. Gloria
Poteet was present. She has been a resident of Fairbury for 28+ years; she
lives at 1717 G Street. Poteet would like the Council to take into
consideration the garbage service fees of $19.50 that is charged to single
people. She feels it is unfair for the single people to be charged the same
as families. Poteet’s recommendation is for the single people to be able to
put out one can every two weeks and cut the price in half. Poteet thought
it would be a good idea to charge by the can; if this will be too difficult
to keep track of she suggested we outsource this service. Council person
Shirley Bender explained that the City has to pay the landfill fees, etc.
and the City had checked into outsourcing it before and the cost was too
prohibitive to go that route. Council person Beryl Lueders also stated she
is a widow and understands but doesn’t know how we could separate the single
people and be fair to everyone in town. Council person Kelly Davis stated
about the only way it could be done would be to put a scale and computer in
each truck for them to keep track of the cans; the cost would be real
prohibitive and we would probably have to raise the prices because of the
cost of getting everyone equipped so we would be able to do this service.
City Attorney David
Bargen discussed the K-9 agreement between the City of Fairbury, Jefferson
County Sheriff’s office, and Jefferson County. Bargen stated the original
draft had been sent to the county attorney and the sheriff. He had
redrafted the original agreement as the Sheriff’s office had some concerns.
Paragraph #2 ~ K-9 Agreement ~ added the County and/or Sheriff’s Office will
transfer to the City all interests in ownership of the K-9 presently held by
the County and/or Sheriff’s Office, and all interests in ownership of all
associated
K-9 program equipment
presently held by the County and/or Sheriff’s Office, for no consideration
from the City other than that provided in this Paragraph 2 of this
Agreement; and upon request by the County and/or Sheriff’s Office, the City
will make the K-9 available to the County and/or Sheriff’s Office, for no
consideration other than that provided in this paragraph 2 of this
Agreement. Also Paragraph #3 was added, should the City discontinue its K-9
program within two years of the effective date of this Agreement, the K-9
and equipment shall be transferred back to the County and/or Sheriff’s
Office, but would remain available to the City for City use at no cost to
the City. (The estimated value of the dog is $8,000.00 and the equipment
$3,000.00, according to the Sheriff’s Office). Bargen stated after those
changes suggested by the Sheriff’s Office were made, the agreement was
reviewed by the Council’s Public Safety Committee, which had questions
regarding how to handle pay and liability issues if a City officer
accompanied the K-9 on a county call, and how to permit use of a city
vehicle equipped for the K-9 if the accompanying officer issues were to be
handled by the Law Enforcement Interlocal Agreement, which requires county
use of equipment. Bargen stated the K-9 agreement could be amended during
this meeting to address these issues, or clarify that the Law Enforcement
Interlocal Agreement would govern those matters, or the Council could table
the matter to the next meeting to allow addition of language in print to
that effect. Bargen stated if the Council tabled the agreement, he would
like some direction from the Council as to what additional changes it would
like made to the K-9 agreement. Council person Don Trimm asked Chief Bryan
if the sheriff’s department currently has a dog handler. Bryan replied,
with Matt Shultz returning they do have a dog handler, but he is not
certified with this dog. Lueders moved to table the K-9 agreement between
the City of Fairbury, Jefferson County Sheriff’s office, and Jefferson
County. Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Assistant Street
Superintendent Laura Bedlan explained the GIS (Geographic Information
System) software. The GIS combines data and maps; any geographic element
~ you can attach data to ~ legal descriptions, land information, sales
history, zoning information, land use, legal land base/easement dimensions,
data record filed with Register of Deeds, assessments, dimensions, street
right-of-ways, etc. This is very vital for utility information ~ exact
location within 8”-12”, type and size of sewer, maintenance, track
assessment districts and payments, etc. Bedlan recommends purchasing the
software from ESRI and the hardware from Trimble. Bedlan stated both
companies are leaders in the field for accuracy, ease of use, and ability to
file share. Bedlan would also like to consider beta testing with GIS
Workshop out of Lincoln ~ they would host the website containing our maps
and data, would secure our information on two servers in Lincoln, would have
the ability to do tracing, run standard queries, they would compile the city
and county data so there is no overlap and would be updated within an
approximate 24 hour turn around. Bedlan would have a two day training for
the software and also a two day training for the field crew. Bedlan will
also be working with Jeff McRyonalds out of Lincoln; he will be helping
create our electric model; aiding us in the conversion of AutoCAD/paper maps
and other data into GIS. Maintenance would be free for the first year, and
then we would have to start paying after that. The proposed plan for the
Fairbury GIS is in the amount of approximately $27,425.00 of which the Board
of Public Works (BOPW) would pay half; which they approved at their meeting
earlier today. City Administrator Joseph Parker stated the City needs
something like this to enable us to keep better records. Trimm moved to
approve the City and BOPW purchasing the GIS Software. Motion seconded by
Lueders. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”
Motion carried.
Police Chief Brooks
Bryan presented the 2008 Annual Police Department Report.
Davis moved to Take
from the Table the City of Fairbury/Softball Association Management
Contract. Motion seconded by Friesen.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried. Bender
moved to approve committing the City of Fairbury/Softball Association
Management Contract to the Parks & Recreation Special Committee to review
and administer. Motion seconded by Lueders.
Lueders had a couple
suggestions for the committee ~ doesn’t think the contract should be for
three years, that it should be reviewed annually; should look at the fee
increase of 3% for the first year, then 5% for next two years – she stated
that the City had asked employees to take a cut in pay and also didn’t give
the Airport Authority the increase in their budget that they had requested –
so doesn’t think the Softball Association should automatically get a 5%
increase ~ they didn’t even come to us for the increase; Lueders doesn’t
think this is fair, she says our employees are more important; and also
wants monthly budget statements, profit/loss statement from the Softball
Association. Lueders thought if we do make changes to the contract that we
should notify the Softball Association. Bargen stated that if changes were
made – both parties would have to agree to the changes since the contract
has automatically renewed per its terms, unless one of the parties gives
notice it will terminate the contract. Bargen stated that if one of the
parties was going to terminate the contract – then notice would have to be
given. Lueders wanted to know if this would come before the Council again.
Bargen stated the procedure would be for the Parks and Recreation Special
Committee to report back to the Council for final approval.
On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Trimm moved to approve
the transferring of $10,857.57 from the General Fund ~ $9,027.36 to the
Police Fund and $1,830.21 to the Library Fund. Motion seconded by Byrd.
Parker stated this was a recommendation from our auditors for year-end
closing entries. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Davis moved to adopt
Resolution No. 721 authorizing the City to enter into a Purchase Agreement
with the owners of record of the property located at 411 A Street; legally
described as: the North 57.28 Feet of Lot Sixteen (16), Nutting’s
Subdivision of Fairbury, Jefferson County, Nebraska. Motion seconded by
Kuzelka. Bargen stated this would authorize the signing of the purchase
agreement for the property. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Within the City
Administrator’s report Joseph Parker stated he and the Mayor had attended a
Storm Warning Class, April 9 at Union Bank, which was very informative and
had a good turn out. Also stated this is City-Wide Cleanup week ~ which
Street Superintendent Mick Hynek reported they had hauled 67.68 tons of
trash the first two days of the cleanup. Last year they hauled 112 tons.
Doug Brown reported
that Chief Bryan had compiled figures in regards to the four way stop at 7th
& E Streets ~ that within the last seven years have had ten accidents at
that intersection. Bender stated only four had been a result of the corner.
Byrd moved to adjourn
the meeting. Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Meeting adjourned at 8:48 p.m.
Homer
Ward, Mayor
ATTEST: Sharyl Preston
