Regular Meeting
May 18, 2010
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
May 2010,
at 7:30 p.m. Council
President/Acting Mayor 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 and pointed out by Council President/Acting Mayor Brown as required by
law.
Roll call found the
following Council Members present: Doug Brown, Ed Friesen, Roger Bailey, Tim
Polson, Brad Kuzelka, and Kelly Davis. Absent: Shirley Bender.
Council
President/Acting Mayor Brown called for the submittal of forms to request
future agenda items. No forms were submitted during the meeting.
Council
President/Acting Mayor Brown read the Consent Agenda:
1.
Approval of the minutes of the
regular meeting of May 4, 2010.
2.
Approval of claims.
3.
Approval of the April 2010
Reconciliation Report.
4.
Approval of the appointment of
Roger Bundy to the Personnel Committee and Health Insurance Committee.
5.
Approval of the reappointment
of Larry Beerbohm to the Fairbury Housing Authority. Term to expire May
2015.
6.
Approval of the reappointment
of Bernie Boerner to the Board of Adjustment. Term to expire May 2013.
7.
Approval of the reappointment
of Ed Coatman and Teri Deger to the Tree Board. Term to expire January
2012.
8.
Approval of the appointment of
Roger Bailey to the Economic Development Review Committee.
Friesen moved to
approve the Consent Agenda. Motion seconded by Polson. On roll call Brown,
Friesen, Bailey, Polson, Kuzelka, and Davis voted “yes.” Bender absent.
Motion carried.
Council
President/Acting Mayor Brown opened the
Public Hearing concerning the Proprietary
Budget and Budget Summary for the City of Fairbury Utilities for May 1, 2010
to April 30, 2011. Larry Naiman, Assistant Superintendent of Utilities,
addressed the Council,
reviewing last year’s
revenues and expenses and providing details about the 2010-2011 budget.
Naiman stated they have been submitting this budget since 1986. This
statement is prepared by Blobaum and Busboom with input from the utility
department. With this budget, it can be spent down to $500,000.00 (in case
of a storm or other peril). The revenue and expenses may not exceed 10% of
this budgeted document without having to have another public hearing. The
actual capital improvements expenditure for 2008 was $343,554.00 and for
2009 was $359,725.00. Naiman also did a comparison of the actual capital
cost for this last fiscal year which was $476,000.00. This represents an
increase; mostly due to the fact the power plant had to meet the SPCC
mandate which basically involved replacing the oil tanks which was well over
$100,000.00, which Mr. Beachler had received permission from the board to do
at that time. The budget for 2008 and 2009 had about a 3½% increase for the
revenues and expenditures; it will also be close to that for the new budget.
This budget is compiled of electric, water and sewer services only. The
anticipated revenues that we can count on for 2010-2011 are: a rate
increase from the water service which will start June 1, 2010 (which was
decided from the rate study that was done earlier this year), $45,900.00
monthly plant lease we receive from MEAN, farm leases, CRP, wellhead
protection land that is leased out, hay grounds. Expenses ~ the MEAN rate
could increase, WAPA rates could increase, power costs will be increasing
because supplier cost of coal has risen 70%, rail delivery cost is up four
times what it was, etc. Naiman closed with taking into consideration all the
mandates, the compliances, and operating costs that he has discussed – the
minimum cost for a residential customer for sewer is $12.24; $14.00 for
water for a 3/4” meter; $80.20 for 850 kilo watt hours of electricity for
the summer and $66.94 for electricity for the winter – all of these are for
residential customers. Naiman stated he is available for questions at any
time, if anyone wants to come in. No one else addressed the Council during
the public hearing. Council
President/Acting Mayor Brown
declared the hearing closed.
Council
President/Acting Mayor Brown asked
the Council to vote on the appointment of Philip Rogge to fill the vacancy
in the office of City Councilperson, Ward IV. Bailey moved to approve the
appointment of Philip Rogge to fill the vacancy in office of City
Councilperson, Ward IV. Term to expire November 2010. Motion seconded by
Friesen. Brown, Friesen, Bailey, Polson, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried. Rogge was sworn into office by City
Attorney David Bargen, who administered the Oath of Office to Rogge. Rogge
assumed his position on the City Council.
Davis moved to approve
the appointment of Philip Rogge to the Finance& Keno Committee, Planning
Committee, and the Public Works Committee. Motion seconded by Kuzelka. On
roll call, Brown, Friesen, Bailey, Polson, Kuzelka, and Davis voted “yes.”
Rogge abstained. Bender absent. Motion carried.
Polson moved to
approve the Proprietary Budget and
Budget Summary for the City of Fairbury Utilities for May 1, 2010 to April
30, 2011. Motion seconded by
Bailey. Friesen stated the agenda states 2009-2010. Naiman stated it is
2010-2011 and it was advertised correctly. Bargen stated it was essentially
Scribner’s error so it should be okay to be corrected; just note for the
record the correct years are 2010-2011, which has been done.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Council
President/Acting Mayor Brown stated only one bid was received; of which he
opened the sealed bid received for the 2000 Ford Crown Victoria Police
Interceptor vehicle as follows: Wayne Dake in the amount of $225.00.
Brown read from the bid sheet “this auto will not be licensed. It will be
used in an Auto Thrill Show.” Brown stated that a minimum bid had been set
at $1,000.00. Bargen stated since the Council had adopted the Resolution
stating no bid less than $1,000.00 would be considered; the appropriate
action would be to deny this bid and to either choose to relet the bid again
and could change the minimum bid, or you could simply re-advertise – no need
to advertise in the newspaper but to post in three prominent places. The
only choice the Council has is to deny this bid.
Polson moved to deny
the bid received from Wayne Dake in the amount of $225.00 for the 2000 Ford
Crown Victoria. Motion seconded by Rogge. Council member Polson questioned
if it would be possible to put the vehicle on a public auction. Bargen
stated the Council can basically do anything they would like, but would need
to pass a new resolution setting out the terms of how to sell the vehicle.
On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis
voted “yes.” Bender absent. Motion
carried. Discussion was held regarding what to do with the vehicle. Polson
suggested going out for bids again for a certain amount of time and if that
doesn’t work put the vehicle on an auction. Council member Rogge also
suggested going through the bid process again and to consider bids over
$1,000.00; if that fails put it on a public auction. Council member Friesen
suggested if we couldn’t get a better price; maybe the City could find a
spot to still use the vehicle. Council member Davis questioned if the City
Administrator Joseph Parker could use it. Police Officer Chad Sprunk stated
maybe it would be nice if it was available for any city employee to use it
to go to training, schools, meeting, etc. Parker stated he would like to
get rid of it. Brown commented money was taken out of the police fund to
pay for the new police vehicle and we were going to recoup some of that
expense by selling the 2000 Ford Crown Victoria; so we have an obligation to
do that. Council member Kuzelka questioned if Craigslist would be an option
for trying to sell this vehicle. Brown said anything can be done as long as
it is defined in a resolution. Kent Preston from Wheel-N-Deal Auto Sales,
where the vehicle was located for viewing for the bids, stated he did have
the vehicle on Craigslist through his website. Preston stated only four bid
sheets had been given out. Brown questioned if they did extend the bids
should the minimum of $1,000.00 be taken out. Rogge stated he thinks that
is a very economical price. Preston stated he could take all the writing
off of the windows regarding bidding and try to sell it off of his lot; like
a consignment. Bargen stated it has to be advertised how it will be sold.
Friesen stated if they could put a price on it that they have agreed on;
it’s already been advertised for sale – it hasn’t been hidden – it’s been
sitting by the highway. Polson suggested setting the price at $1,500.00 and
a time limit and after the time limit if it hasn’t sold they could auction
it. Preston stated there is a shortage of low dollar vehicles and $1,500.00
is a low dollar car; low price vehicles are very hard to find. Polson moved
to set the selling price of not taking anything less than $1,500.00 for the
2000 Ford Crown Victoria, advertise this for one month, and at the end of
that time if it hasn’t sold put it on a public auction or take it to a car
auction. Motion seconded by Kuzelka. Bargen will draft the resolution for
the next Council meeting. On roll
call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
City Administrator
Joseph Parker stated he and Street Superintendent Mick Hynek have been
trying to find another recycling company; as we have not been getting a very
good turn around with semi trailers which cause problems as we have to store
materials until it can get picked up. They have been visiting with
Recycling Enterprises of Nebraska, Inc. out of Lincoln and they have given
us a very brief agreement for the Council to look at which mainly gives the
prices they will pay for different materials. They say they can give us a
five day turn around for the trailers if we want them that fast. Parker
stated they sound like a very reputable firm; he has talked to the owner at
different times. Parker and Hynek would like to try this company. Bailey
moved to approve the Recycling Agreement between the City of Fairbury and
Recycling Enterprises of Nebraska, Inc. out of Lincoln, Nebraska. Motion
seconded by Polson. Kuzelka questioned if we were under a contract with the
current company. Parker stated he couldn’t find one. City Attorney David
Bargen stated this is not really an agreement, mainly a price list. Bargen
also questions the City being responsible for all liability insurance and
work related insurance and they assume no liability for any kind of damages
or injuries. Bargen isn’t really sure what that means. Parker stated he
visited with the owner briefly before the Council meeting regarding the
insurance statement and the owner said basically what he is trying to say is
they bring the trailer down and drop it off and leave; if someone would get
hurt while loading the trailer they do not want to be responsible for that;
it would be a city employee that would be loading the trailer and would be
covered under our workers comp and liability insurance; he doesn’t want to
be involved in anything like that. Polson questioned if the City would be
responsible for anything with the trailer after it leaves City property.
Parker stated the City wouldn’t be responsible for them bringing the trailer
to us or taking the trailer away. Brown questioned if the wording should be
changed. Bargen stated his concern is the owner says that, but the document
doesn’t say that. Polson would rather have it in writing. Bargen feels it
should have a provision stating who is responsible for what. Parker stated
he checked the company information on the internet. It states they moved
five million plus pounds of recyclables last year. Bailey moved to amend
the main motion to approve the Recycling Agreement by adding with the
recommended changes by the City Attorney and also authorizing Mayor Ward to
sign the necessary documents and Polson amended his second of the motion to
the same. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka,
and Davis voted “yes.” Bender absent. Motion carried.
Fire Chief Eric Voss
stated he had received three bids for 15 complete air packs with 7 spare
bottles and 25 masks with reflective logos on the bottles (which help find a
fighter if they are down) from the following:
MES $63,878.00 Ed M Fields
$69,890.00 Fire Guard $68,392.28
MES and Ed M Fields
are both selling Scott air packs and Fire Guard is selling MS air packs.
Voss stated he also
had them bid with options of 6 voice amplifiers and kits for each mask:
MES
$66,513.00 Ed M Fields $72,115.00 Fire Guard $71,840.94
Voss stated he also
had them bid for a fit test to ensure that each mask fits the guys
appropriately and for any service work that would be needed for the next
three years:
MES
Free (included in bid) Ed M Fields $45.00 service and $25.00 test per
pack
Fire
Guard none received
Voss stated both he
and the Public Safety Committee recommends going with the bid of MES in the
amount of $63,878.00. Voss stated he will be receiving a grant to help pay
for part of this from FEMA in the amount of $39,900.00 through the Fire Acts
Assistance Grant – this is to be a 95/5% match. Voss stated originally,
before the grant, they had asked for a lot more money and the City’s portion
would have been $15,000.00. Voss stated as a way of paying for this; use
the $39,900.00 from FEMA and the $15,000.00 which totals $54,900.00; being
short $8,978.00. Voss would like to sell seven of the air packs they have
for $900.00 each which would give them $6,300.00 leaving them short about
$2,700.00 which he could pull out of payroll or another line item out of the
fire budget. They currently have eleven air packs – they would put four of
the better air packs on the rescue truck and sell the remaining seven. Greg
Neemann helped Voss write the grant. Voss stated he has worked with MES for
years and they are very good air packs. Friesen moved to approve the
recommendation from the Public Safety Committee to approve the bid received
from MES in the amount of $63,878.00 for the air packs. Motion seconded by
Kuzelka. On roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and
Davis voted “yes.” Bender absent. Motion carried.
Friesen moved to
approve depositing $1,424.00, money used from the Hardy Trust Fund
Certificate of Deposit for the Girl Scout Cabin Renovation – (roof), into
the General Fund and transferring the same from the General Fund to the Park
Fund. Motion seconded by Polson. On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Parker stated HWS is
the firm the City used for the initial asbestos inspections for the first
seven houses for the demolitions for the Neighborhood Stabilization Program.
They were the low bid and we get their reports very quickly; they said they
would do up to twenty houses for this price. Friesen questioned the
statement in the letter of 18 vacant properties in Fairbury including the
Onyx Hotel Building located at 614 3rd Street. Friesen wanted to
know if the City would be paying for that asbestos check or if the County
would pay their share of that inspection. Assistant Street Superintendent
Laura Bedlan stated the County had requested they go in with us on this;
they will pay for their portion, but it was lumped together to get a little
bit of a benefit to the County as well as to the City. Polson moved to
authorize Mayor Ward to sign the Consulting Services Agreement between the
City of Fairbury and HWS Consulting Group Inc. for the Asbestos Inspections
for the Neighborhood Stabilization Program. Motion seconded by Friesen. On
roll call, Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Council
President/Acting Mayor Brown recited
Resolution No. 777 authorizing and directs
the sale of the following parcels of real property owned by the City of
Fairbury:
[Parcel
1]
411 A Street: The North 57.28 feet of Lot Sixteen (16),
Nutting’s Subdivision of Fairbury,
Jefferson County, Nebraska, except the
West One Hundred and Twenty (120) feet
thereof
[Parcel
2]
721 G Street: The North 44.5 feet of Lots 1 & 2, Block 2,
Original Town of Fairbury, Jefferson
County, Nebraska
Parker stated this is
two lots the City owns – previously they were dilapidated houses on the
lots; we came into both of them fairly cheaply – the cost being tearing the
houses down. Parker stated the City has no use for these properties, so we
need to sell them. Parker stated the County has the lots valued at about
$1,500.00 per lot. Bailey moved to adopt Resolution No. 777 authorizing and
directs the sale of 411 A Street and 721 G Street with adding taking no bid
less that $1,500.00, bids accepted until 5:00 p.m. on June 15, 2010, and
bids shall be considered during the City Council meeting on June 15, 2010.
Motion seconded by Rogge. On roll call, Brown, Friesen, Bailey, Polson,
Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion carried.
Council
President/Acting Mayor Brown read by title Ordinance No. 2995: AN
ORDIANANCE TO ESTABLISH THE ECONOMIC DEVELOPMENT PROGRAM IN CONFORMITY WITH
THE TERMS SET OUT IN THE ORIGINAL ENABLING RESOLUTION, USE TAX OF ONE-HALF
OF ONE PERCENT PURSUANT TO THE NEBRASKA LOCAL OPTION MUNICIPAL ECONOMIC
DEVELOPMENT ACT. Council President/Acting Mayor Brown suggested postponing
this until the next Council meeting as we have not received the certified
election results from the County. Bargen stated it could be postponed until
the next meeting or until we get election results which would probably be
prior to the next meeting. Friesen moved to postpone Ordinance No. 2995
until we have the election results confirmed from the County. Motion
seconded by Rogge. On roll call,
Brown, Friesen, Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.”
Bender absent. Motion carried.
Council
President/Acting Mayor Brown read by title Ordinance No. 2996: AN
ORDIANANCE TO ESTABLISH THE CONFORMITY WITH TERMS SET OUT IN THE ORIGINAL
ENABLING RESOLUTION, AND TO ADOPT AND IMPOSE A SALES AND USE TAX PROGRAM OF
ONE-HALF OF ONE PERCENT PURSUANT TO THE NEBRASKA LOCAL OPTION MUNICIPAL
ECONOMIC DEVELOPMENT ACT. Council President/Acting Mayor Brown stated we
are waiting for certified election results from the County. Kuzelka moved
to postpone Ordinance No. 2996 until we have the election results confirmed
from the County. Motion seconded by Bailey.
On roll call, Brown, Friesen, Bailey,
Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Within the City
Administrator’s report Joseph Parker stated he received word from the State
that the City will not receive the additional $50,000.00 for the
Neighborhood Stabilization Program – Demolitions; this money had become
available because some cities’ had to turn back their grant funds as they
could not fulfill their obligations of the grants. Parker also stated Lynn
Franzen from the Department of Economic Development had been down to audit
the City’s records for the Neighborhood Stabilization Program – Demolition
project; and she was pleased with the work Laura and Sharyl had done to keep
the records together. Ms. Franzen also went with Joe Parker, Eric Voss, and
Laura Bedlan to six of the houses that the State had questions on and needed
additional information; she will submit a recommendation to DED to see if
these six houses will also meet the criteria of the grant. Parker stated
the dedication for the new softball complex building in the City Park will
be May 23, 2010 between 3:00 p.m. – 5:00 p.m.
Bailey moved to adjourn
the meeting. Motion seconded by Rogge. On roll call, Brown, Friesen,
Bailey, Polson, Rogge, Kuzelka, and Davis voted “yes.” Bender absent.
Motion carried.
Meeting adjourned at 8:38 p.m.
Doug Brown,
Council President/Acing Mayor
ATTEST: Sharyl
Preston
