Regular Meeting
May 20, 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 20th
day of May, 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, Don Trimm, Chad Nelson, Shirley Bender, Nick Schacht, and Tim
Polson. Ron Byrd absent.
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 May 6, 2008.
2.
Approval of claims.
3.
Approval of the April 2008 Reconciliation Report.
4.
Approval of the reappointment of Jim Boyer to the Board of Adjustment
Committee; term to expire May 2011.
5.
Approval of the reappointment of Max Lassley to the Board of
Adjustment Committee; term to expire May 2011.
6.
Approval of the appointment of Ed Friesen to serve on the Planning
Committee.
7.
Approval of the appointment of Sharyl Preston to serve on the Safety
and ADA Committee and the Insurance Committee.
8.
Approval of the appointment of Jeff Klaumann as a Volunteer Fireman.
9.
Approval of the resignation of Tobias Tempelmeyer as City Attorney.
Trimm made a motion to approve the Consent Agenda. Motion seconded by
Nelson. On roll call, Brown, Friesen, Trimm, Nelson, Bender, Schacht, and
Polson voted “yes.” Byrd absent. Motion carried.
Mayor Fry opened the public hearing concerning the Proprietary Budget and
Budget Summary for the City of Fairbury Utilities for May 1, 2008 to April
30, 2009. Assistant Superintendent of Utilities Larry Naiman addressed the
Council, reviewing last year’s revenues and expenses and providing details
about the 2008-2009 budget. Naiman stated there has never been a fiscal
year where the utility has spent more than what was budgeted through the
rates. They have seen a huge increase in the cost of transformers and
support for the line construction and repairs. The water department may also
be installing variable speed pumps. They may be doing a leak detection
survey of the entire water system which has not been done for 4-5 years.
Council member DonTrimm wanted to know how the increase in fuel costs has
affected the city. Naiman stated last year there had been an issue with
delivery of coal to power plants which has somewhat been corrected. Now
there has been an increase in the cost of transportation to get the coal
from the mine to the plants. No one else addressed the Council during the
public hearing. Mayor Fry declared the hearing closed.
Dan
Duren was present from Benefit Management to discuss the Employee Pension
Plan and the 457 Plan. Duren mentioned he had met with the Finance & Keno
Committee a few weeks ago and they had agreed with his recommendations. He
stated it is mainly housekeeping issues that need to be updated; mainly
duties and procedures within the pension plan. He recommends the acting
Mayor be the Trustee over the plan. Also the Council creating a Plan
Committee which would consist of the acting City Administrator, the acting
City Clerk, a member from the IBEW, the CWA and the IUOE. Also the Council
creating a Plan Administrator which would consist of the acting City
Administrator, the acting City Clerk and the acting Deputy Clerk. The
Trustee would have complete control, complete authority and complete
liability of the plan. The Trustee has the authority to allow other parties
to have duties within the plan itself. The Plan Committee would monitor the
plan, any plan changes that would need to be made, i.e. investments brought
forth to the employees. Duren mentioned one of the first things that he
will bring up to this committee is the Investment Policy Statement which
spells out the investments that are available to the employees. The Plan
Administrator would do all administrative duties such as payroll deductions,
correspondence, day to day administration. City Attorney Tobias Tempelmeyer
wanted to know if this would be a problem with employees suing the Mayor.
Duren said the Plan Committee would be employee based and if they have any
recommendations it would have to be brought before the Trustee and the
Council; so he didn’t think this would be an issue. Polson made a motion to
approve the recommendations of the acting Mayor being the Trustee of the
Employee Pension Plan and the 457 Plan; the council creating a Plan
Committee and Plan Administrator. Motion seconded by Trimm. On roll call,
Brown, Friesen, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”
Byrd absent. Motion carried.
Nelson made a motion to approve the Proprietary Budget and Budget Summary
for the City of Fairbury Utilities for May 1, 2008 to April 30, 2009. Motion
seconded by Brown. On roll call, Brown, Friesen, Trimm, Nelson, Bender,
Schacht, and Polson voted “yes.” Byrd absent. Motion carried.
Timothy Brown was present from A-1 for U Ice Cream Sales to request the
Council waive the permit fee for selling ice cream. He stated he comes to
Fairbury every Thursday throughout the summer. Other communities, like Blue
Springs use to charge him $5.00; Wymore never imposed a fee; and Beatrice
use to charge him $100.00. These communities no longer charge him a fee.
Tempelmeyer stated that Brown is not peddling door to door. Council member
Shirley Bender wanted to know if we were charging vendors for Wild West
Weekend and the Flea Market. City Administrator Jim Ferneau stated that
according to the City Ordinance we should be which we will address for next
year. These are not door to door~but they use part of the city streets.
Brown made a motion to waive the permit fee for selling ice cream. Motion
seconded by Trimm. On roll call, Brown, Friesen, Trimm, Nelson, Bender,
Schacht, and Polson voted “yes.” Byrd absent. Motion carried.
Discussion was held regarding the terrorism coverage with Starr Buckow
Insurance. Ferneau stated he had four replies from his request of other
communities regarding what they are doing on terrorism coverage. He had
three responses that do not have the coverage and one that does and they
said it was mandatory on their policy. Ferneau mentioned that Starr Buckow
recommends not getting the coverage. Ferneau mentioned if we want to make
sure we are covered to take the rider coverage for $1300.00. Kent Preston
wanted to know if the Board of Public Works (BOPW) had the same insurance.
It is all the same. Bender wants to wait to decide to give the BOPW a
chance to discuss the coverage as it was just received today. Polson made a
motion to approve the proposal submitted by Starr Buckow Insurance Agency
for various property and liability coverage with the exception of the
terrorism coverage at a cost of $186,938.00 less the terrorism coverage in
the amount of $1,335.00. Motion seconded by Schacht. On roll call, Brown,
Friesen, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Byrd
absent. Motion carried.
Discussion was held regarding a Library Director. Ferneau mentioned the
Library Board could maybe move an existing employee up from a part time
position up to the Library Director position. The Council had not
previously filled the position. Ferneau stated that the current staffing is
as follows: two at 30 hours; 1 at 20 hours and another at 10-15 hours. They
have adequate coverage to make the operation work. They need a Library
Director for accreditation from the State. Ferneau mentioned if they move
someone up that is now working 20 hours up to 30 hours coming on to our pay
scale would be an increase in the budget of $28,000.00 over a year’s time.
The part time person now receives $8.00 an hour and the Library Director
position would be $12.50 an hour plus benefits. Benefits are a major
factor. If you bring on a new person, the cost will be more. The Library
Director position would have to be advertised. The Council had different
questions~really need someone from the Library Board present to answer
questions~will put this on the next council agenda.
Building Inspector Eric
Voss, showed a map regarding the request from Michael Vint for a curb cut
located at 1220 H Street. It would be on the alley not the street. Vint’s
pickup does not fit in the driveway now as it can not make the curb. Vint
wants to be able to use the garage more efficiently. This would be at
Vint's expense. Brown made a motion to approve the curb cut for Michael
Vint at 1220 H Street. Motion seconded by Trimm. On roll call, Brown,
Friesen, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Byrd
absent. Motion carried.
Discussion was held
regarding the Tower Space Lease Agreement with Diode Communications.
Ferneau mentioned the original agreement with Diode was 2001. Diode has been
a good partner with the city. This agreement will commence on June 1, 2008
and continue for three years expiring June 1, 2011. Ferneau mentioned the
BOPW has already approved this agreement and that Tempelmeyer has also
looked over the agreement. Trimm made a motion to approve the Tower Space
Lease Agreement with Diode Communications. Motion seconded by Friesen. On
roll call, Brown, Friesen, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Byrd absent. Motion carried.
Denny Graham was present
from Olsson Associates to answer questions regarding the Agreement for
Professional Services Fairbury Paving Improvements~2008 “Project”. For
Paving District “A”~2nd Street from “I” to “J”, and “J” Street
from 2nd to 3rd; also Paving District “B”~17th
from “F” for half of a block east; for the construction and placement of
paving and drainage in the City of Fairbury, Nebraska. Graham mentioned
that he had met with Ferneau two to three weeks ago and that the information
was included in the council packets. Ferneau mentioned that this will not
move along quickly as we have to work with assessment projects for “F”
Street; don’t have an assessment district set up~will have to with this
project; will have to have signed assessments from the property owners and a
public hearing for the paving district, etc. fifty percent of the property
owners have to want it to be done. July 1 will have a new city attorney so
will wait till that time to get started as we will have to have paving
districts created first of all. The cost of paving for one block is
$80,000.00-$90,000.00. Asphalt is almost as high as concrete right now.
They will get it bid both ways. Polson made a motion to approve the
Professional Agreement with Olsson Associates for Paving District “A” and
“B” but to wait for any work to be done right now. Motion seconded by
Trimm. On roll call, Brown, Friesen, Trimm, Nelson, Schacht, and Polson
voted “yes.” Bender voted “no.” Byrd absent. Motion carried.
Ferneau mentioned the
Finance & Keno Committee and the Personnel Committee had discussed the
Assistant Street Superintendent position. Both committees want to get more
information and discuss this further before they bring their recommendations
before the Council.
Mayor Fry read by title Ordinance No. 2974: An ordinance to amend Sections
150.50 and 150.51 of the Fairbury City Code; to adopt the International
Property Maintenance Code (IPMC) 2006 edition, published by the
International Code Council with amendments; to repeal sections, 150.52,
150.53, 150.54, and 150.55 the Fairbury City Code and all other conflicting
ordinances or parts of ordinances; and to provide for publication in
pamphlet form and for an effective date of this ordinance. Trimm made a
motion to give third reading of Ordinance No. 2974. Motion seconded by
Brown. On roll call, Brown, Friesen, Trimm, Nelson, Bender, Schacht, and
Polson voted “yes.” Byrd absent. Motion carried. Trimm made a motion for
final passage of Ordinance No. 2974. Motion seconded by Schacht. On roll
call, Brown, Friesen, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Byrd absent. Motion carried.
Within the Mayors report, Fry congratulated City Attorney Tobias Tempelmeyer
on his new position with the City of Beatrice. Fry stated that our loss
will be their gain.
Bender mentioned this weekend is the Girls Softball Tournament if anyone
would like to attend and the swimming pool opens this weekend.
Bender made a motion to adjourn the meeting. Motion seconded by Nelson. On
roll call, Brown, Friesen, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Byrd absent. Motion carried. Meeting adjourned at 9:01 p.m.
LaVeda
L. Fry, Mayor
ATTEST:
Sharyl Preston, City Clerk
