Regular Meeting
May 4, 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 4th day of
May 2010,
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, Roger Bailey, Tim
Polson, Shirley Bender, Brad Kuzelka, and Kelly Davis. Absent: Beryl
Lueders.
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 April 20, 2010.
2.
Approval of claims.
3.
Consider resignation of Beryl
Lueders from City Council Ward IV seat.
4.
Consider resignation of Ron
Schacht from the Board of Public Works.
5.
Approval of the appointment of
Brian Schmidt to the Board of Public Works as a replacement for Ron
Schacht. Term to expire January 2014.
Bender moved to approve
the Consent Agenda. Motion seconded by Bailey. On roll call Brown,
Friesen, Bailey, Polson, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Bender moved to set a
Public Hearing for May 18, 2010 at 7:30 p.m. concerning the Proprietary
Budget and Budget Summary for the City of Fairbury Utilities for May 1, 2009
to April 30, 2010. Motion seconded by Kuzelka.
On roll call Brown, Friesen, Bailey, Polson,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Davis moved to approve
the request from the Board of Public Works (BOPW) to advertise for bids for
the replacement of the power plant roof. Motion seconded by Brown. Mike
Beachler, Superintendent of Utilities addressed the Council. Beachler
stated two roofs need to be replaced. The barrel top roof, on the older
part of the power plant which has the 4000 KWH generator in it, this
consists of 8000 square feet of roofing that will need to be torn off and
replaced with rubber material. This has had some leakage and may have to
replace some lumber. The other roof is about 2700 square feet which has had
some leakage around the vents. They’re hoping they will be able to do the
total project for about $60,000.00.
On roll call, Brown,
Friesen, Bailey, Polson, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Kuzelka moved to
approve the request from the BOPW regarding updating the Water System
Supervisory Control and Data Acquisition (SCADA) Improvements software and
equipment. Motion seconded by Polson. Lincoln Williams with TMS addressed
the Council. Williams stated TMS does control systems, water, and waste
water all over the state with the SCADA systems. The City’s original system
was installed in 1993 by TMS which is now obsolete and difficult to find
replacement parts. We’ve had the software for eight to nine years; so this
will be updated. New radios will be integrated into the new network.
Williams stated the system at Crystal Springs we’ve had for five to six
years, so this system will remain. Council member Shirley Bender questioned
the cost of updating the system. Williams stated originally the project was
going to be done in stages; but now it won’t work very well to do it in
stages. He added up all the stages with a total cost of $90,853.00; he’s
offered a 10% discount to do it all together with a cost of $81,768.00
including sales tax. Council member Doug Brown questioned if the BOPW
needed to go out for bids for this project. Beachler stated they do not
need to go through the bid process for this project as the project is
primarily for professional services – engineering – and not for construction
of waterworks. The City Attorney was consulted regarding the need for
bidding. On roll call, Brown,
Friesen, Bailey, Polson, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Polson moved to
approve the request from the BOPW to purchase the New Holland L185 Skid
Steer Loader, which they are currently leasing, for the amount of
$29,900.00. Motion seconded by Friesen. Beachler stated with the original
lease they could lease for one year; had to maintain the machine, keep the
hours down, and after the year they would get a new machine to lease. This
program is no longer offered. The lease program that is offered now from
Diesel Power Equipment Company for this machine is a 60 month lease annual
payment beginning 12 months after the contract date $9,839.60 totaling
$49,198.00 or a 60 month lease semi-annual payment beginning 6 months after
contract date $4,381.55 totaling $43,815.00, and an outright purchase price
of $32,900.00. Beachler stated after negotiating, Diesel Power Equipment
gave them a lowball purchase price of $29,900.00. On roll call, Brown,
Friesen, Bailey, Polson, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Davis moved to approve
the application for a Special Designated Liquor License for Meyer Vineyards,
Inc. dba Superior Estates Winery for a Wine Sampling/Tasting event at the
Fairbury Elks Lodge located at 525 G Street for their 100th
Anniversary Celebration on June 11, 2010 from 5:00 p.m. to 9:00 p.m. Motion
seconded by Bailey. On roll call, Brown, Friesen, Bailey, Polson, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
City Attorney David
Bargen stated he reviewed the Maintenance/Management Agreement between the
City of Fairbury and the Fairbury Area Softball Association which states the
term of the agreement shall commence as of October 1, 2006, and terminate
October 31, 2008. The agreement also states it shall be automatically
renewed from year to year unless either party shall give written notice of
termination to the other at least six months prior to commencement of any
renewal term. According to this agreement, either party would have had to
give notice by April 1, 2009 if they wanted to terminate the agreement for
the current year. The City sent a letter dated August 26, 2009, to the
Fairbury Area Softball Association, which can act as a termination notice
following the current term, but the agreement has rolled over November 1,
2009 for the current term. Bargen stated the terms of the agreement dated
October 1, 2006 through October 31, 2008 are still in effect since the
agreement rolled over. No action was taken.
Bargen stated the
Maintenance/Management Agreement between the City of Fairbury and the
Fairbury Area Softball Association which rolled over doesn’t address the
Maintenance/Management Fee after the years specifically stated in the
contract. In May 2009 the City paid the Fairbury Area Softball Association
$14,205.45 for Fiscal Year 2008-2009 which included a three percent per
annum increase from the previous year which was $13,791.70. Bargen stated
that though it could be argued the contract fails for lack of an essential
term – price – actions by the parties can supply a term, and since the City
paid last year with the three percent increase, likely the better
interpretation of the agreement is that now each time the agreement rolls
over – it does so with the three percent increase per annum for the
Maintenance/Management Fee. The fee for 2009-2010 would be $14,631.62.
Council member Ed Friesen questioned City Administrator Joseph Parker
regarding the letter he had received from the Fairbury Area Softball
Association regarding the agreement and the fee to be paid by the City.
Parker stated the letter from the Softball Association states if the City
agrees, the City can subtract $5,768.00 from the payment of $14,631.62 which
would leave the payment from the City to the Association in the amount of
$8,863.62. The $5,768.00 is for lights, water and fertilizer which the City
will pay. Friesen moved to pay the Maintenance/Management Fee to the
Fairbury Area Softball Association for Fiscal Year 2009-2010 in the amount
of $8,863.62 with the Softball Association giving receipts for each
expenditure to the City. Motion seconded by Kuzelka. Ed Durfee with the
Fairbury Area Softball Association addressed the Council. Durfee stated
there are a few misunderstandings and lack of listening that needs to be
cleared up. They are open to negotiating a new contract when the season is
over. Durfee stated the Association will be accountable and give receipts
to the City for the expenditures. On roll call, Brown, Friesen, Bailey,
Polson, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to
approve the request from Ron Ramsey to use the City Park for the 5th
Annual Jefferson County Relay for Life on June 18 – 19, 2010. Motion
seconded by Polson. The Cancer Walk starts at 7:00 p.m. on June 18 until
7:00 a.m. on June 19, 2010. The walking track will be on the road north of
the horseshoe court around to the north side of the fountain and south of
the shelter. On roll call, Brown, Friesen, Bailey, Polson, Bender, Kuzelka,
and Davis voted “yes.” Motion carried.
Bailey moved to
approve the Letter of Engagement with Blobaum & Busboom P.C. for audit and
budget preparation services for Fiscal Years ending September 30, 2010 –
2012. Motion seconded by Kuzelka. Mayor Ward stated this firm has provided
these services since 1980. On roll call, Brown, Friesen, Bailey, Polson,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to
approve the request from Blue Valley Community Action for permission to use
the south side of the square on Thursday evenings starting June 17, 2010
beginning at 5:00 p.m. for the Farmer’s Market and use a portion of the
southeast edge of the City Park (in front of the old playground/train engine
area near the 5th Street entrance) for a Saturday morning
Farmer’s Market beginning June 19, 2010 at 9:00 a.m. Motion seconded by
Davis. Mayor Ward explained he had visited with someone that helps organize
the Flea Market and they felt they should be able to charge the Farmer’s
Market for a space during the Flea Market. Mayor Ward explained to them the
Farmer’s Market has already paid the fee to the City for being able to sell
goods at the Farmer’s Market and the Flea Market should not also be charging
a fee to them. On roll call, Brown, Friesen, Bailey, Polson, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Friesen moved to
approve having the funds from the Fairbury Civic Foundation ~ Girl Scout
Cabin Renovation Fund be deposited into the City of Fairbury – General Fund
and keeping the account open for possible future donations. Motion seconded
by Bender. Council member Tim Polson questioned if more work will be done
to the cabin. Friesen stated he had visited with the BOPW and they will be
getting the electrical completed in the next week or so. Friesen also
stated they have volunteers and looking for more volunteers; they will be
painting, etc. The Girl Scout group will also be doing a fundraiser over
the 4th of July weekend. On roll call, Brown, Friesen, Bailey,
Polson, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Brown moved to approve
transferring the funds received from the Girl Scout Cabin Renovation Fund
from the General Fund to the Park Fund. Motion seconded by Friesen.
On roll call, Brown,
Friesen, Bailey, Polson, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Bender moved to
approve the appointment of Larry Naiman, Assistant Superintendent of
Utilities, as the authorized representative for the City of Fairbury for the
federally declared Disaster #FEMA 1878-DR. Motion seconded by Bailey. On
roll call, Brown, Friesen, Bailey, Polson, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Discussion was held
regarding the agenda item “concurring in Code Official Determination that
Residence at 709 3rd Street is Unsafe Due to Violation of City
Dangerous Building Code as Codified as the Property Maintenance Code of the
City of Fairbury, and Consider Concurring in Recommended Action to Proceed
Under Demolition Provisions.” Building Inspector/Code Official Eric Voss
stated the Board of Health had met earlier this evening. The Board of
Health followed the ordinance and the dangerous building code as codified by
the International Property Maintenance Code (IPMC) by Ordinance in the City
of Fairbury Municipal Code and concurred that the residence at 709 3rd
Street is an unsafe structure, violates the City’s dangerous building code
as codified as the Property Maintenance Code of the City of Fairbury, and
qualifies as a structure that should be demolished per Section 110 of the
IPMC. The Board of Health has recommended to proceed under the demolition
provisions of the Property Maintenance Code, noting that it is an emergency
and a dangerous public health issue, and concurring in the Code Official’s
judgment that the structure in question is so old, dilapidated, or has
become so out of repair as to be dangerous, unsafe, insanitary, or otherwise
unfit for human habitation or occupancy, such that it is unreasonable to
repair the structure and should be demolished. Voss gave a brief history of
the structure at 709 3rd Street. It was purchased in March 2007
by Jerry Bryan. The City has been mowing this piece of property since 2008
and assessing the charges as a lien on the property. Voss stated he has
sent several certified letters to the owner the last three years; they have
all been returned unable to forward. Voss stated he started working on this
property back in 2008 to determine the house was uninhabitable and had an
asbestos inspection done which came back the structure had no asbestos. The
process was dropped at that time, as someone was going to try to buy the
property and tear the house down; but those potential buyers reportedly
couldn’t find the owner, so they were not able to purchase the property.
Voss stated within the last year, a tree has fallen in two different places
on the house; the last part of the tree that fell actually fell through the
house and collapsed part of the house. The tree is leaning over towards the
neighbor’s house and garage, threatening to topple over onto the neighbor’s
house and garage. Voss stated he touched the exterior of one of the walls
and it actually moves. Voss shared a power point presentation, that included
numerous pictures of the exterior of the house and tree, with the Council.
Bargen stated the process under City Code to declare a house unsafe or
qualifying for demolition has changed the last couple of years, when the
Council adopted the Property Maintenance Code as its dangerous building
code. The Code Official has the authority to proceed, without the Board of
Health and Council approval, by following the proper procedures within the
IPMC for a dangerous building. State Statute 18-1722.01 says that when a
building is unsafe because of one or more violations of a municipality’s
dangerous building code ordinance, it shall be the duty of such municipality
to post the property accordingly, and to file a copy of such determination
in the office of the register of deeds of the county to be recorded. Bargen
recited the standard for finding a structure subject to demolition under the
Property Maintenance Code, which Section 110.1 states “the code official
shall order the owner of any premises upon which is located any structure,
which in the code official’s judgment is so old, dilapidated or has become
so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit
for human habitation or occupancy, and such that it is unreasonable to
repair the structure, to demolish and remove such structure. The code
official should carefully document the condition of the structure prior to
issuing a demolition order to provide an adequate basis for ordering the
owner to remove the structure. If the owner of a premise fails to comply
with a demolition order within the time prescribed, the code official shall
cause the structure to be demolished and removed, and the cost of such
demolition and removal be charged against the real estate upon which the
structure is located and shall be a lien upon the real estate.” Voss stated
he will send a certified letter to the owner regarding the structure
directing the owner to demolish the structure, or it will be demolished by
the City; if it is returned he will post the notice on the property and
proceed according to the code. Bargen stated the Board of Health and the
Council concur that this structure is a dangerous building and should be
demolished in accordance with the Code. Bargen stated since the Council has
approved the Property Maintenance Code, Voss does not have to have approval
from the Board of Health and the Council per the Code, but it is a good idea
to have the approval for the first case since the City has adopted the
Property Maintenance Code. The IPMC also provides means for appeal of the
Code Official’s decision. Davis moved to approve Building Inspector/Code
Official Eric Voss to proceed to have the structure at 709 3rd
Street demolished. Motion seconded by Bailey. Mayor Ward request that Voss
put safety tape around the structure immediately and would be a good idea to
remove the tree first and then proceed with the demolition of the
structure. On roll call, Brown, Friesen, Bailey, Polson, Bender, Kuzelka,
and Davis voted “yes.” Motion carried.
Discussion was held
regarding the recommendation from the Public Safety Committee regarding the
Fire Protection Services and Facility Coordination Agreement between the
City of Fairbury and the Fairbury Rural Fire Protection District. Fire
Chief Eric Voss stated the original agreement was done in 1967 when the
Rural Fire built onto the north side of the fire station. This new
agreement is basically the same wording. The Ground Lease, which is the
most important document regarding the agreement, will be brought before
Council hopefully at the next meeting. The Public Safety and Rural Fire are
going over the Ground Lease before it is brought before Council. Voss would
like to have the agreement approved, which would show the City is in
agreement with the Rural Fire building onto the south side of the fire
station and the City is willing to move forward with this project. They
want to add three bays, a big training room, move Eric’s office downstairs
and build an office for the Rural Fire, ADA accessible bathrooms, and
updating things at the fire hall. Voss stated some items in the draft
should be amended: on Page One - #3 it stated north of the fire hall – Voss
changed it to south and on Page Three - #5e. it stated the RFD would pay
utilities – Voss changed this to the City would pay utilities; the reason
being they will have a training room and his offices will be moved
downstairs – so he will be in there more than the Rural Fire would be. Voss
stated it was discussed at the Public Safety meeting that on Page Three - #6
– the second sentence for two sentences, where it states the City shall
receive all fire calls and make all dispatches, need to be removed as the
Fire Department no longer does this; it is all done at the law enforcement
center. Voss stated this is a simple agreement which he, the Rural Fire
Board, and Chief Mark DeBoer are happy with this agreement and want to move
forward so they can start building on to the fire hall. Bender moved to
approve the Public Safety’s recommendation regarding the Fire Protection
Services and Facility Coordination Agreement between the City of Fairbury
and the Fairbury Rural Fire Protection District by striking the two
sentences regarding the fire calls and dispatching on Page Three - #6,
adding on Page One - #2 the term – add 99 years as per the last agreement,
and on Page Two - #5c removing the dollar amount for the maintenance.
Motion seconded by Kuzelka. Polson questioned if Voss had any amounts of
what it would cost to build. Voss replied not really -had rough estimates
of around a half million dollars when they were thinking of merging with
EMS. The Rural Fire will pay for all of this; the expense to the City will
be the cost of utilities once it is built. The City has their part in the
land; they will continue to do the services and the work that we do with
them right now. On roll call, Brown, Friesen, Bailey, Polson, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to adopt
Resolution No. 776 requesting Deed of Reconveyance be executed for purpose
of releasing and extinguishing lien and encumbrance of Deed of Trust
executed by Cheryl Schroeder (dba Attitudes Apparel), and authorizing the
Mayor to sign Beneficiary’s Request on said Deed of Reconveyance. Motion
seconded by Friesen. Mayor Ward explained Cheryl Schroeder sold the
Attitudes Apparel building on 5th Street. She had defaulted on
the Performance Based Grant as she did not fulfill the employment
requirement; so she had to pay this back to the City in the amount of
$12,815.00 which she has done. The Deed of Reconveyance will release the
lien the City held on the property. On roll call, Brown, Friesen, Bailey,
Polson, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Within the City
Administrator’s report Joseph Parker stated the City-Wide Clean Up went very
well with a total of 153.61 tons taken in which is down 11.42 tons from last
year. Also they took a total of 471 tires which was up by 129 from last
year. Parker also stated the City is opening the process to receive more
applications for demolitions with the Neighborhood Stabilization Program.
Parker stated he received notification from the State yesterday that they
have approved eleven demolitions which still have to go through a processing
system; also a couple didn’t qualify. Parker stated the State needs more
information on six of the applications that were submitted. July 31, 2010
is the deadline to have all the dollars committed; have to have the paper
work completed and the bids have to be accepted by the end of July. Parker
stated he needs the help of the media to get the word out to the public.
Parker also stated he and Street Superintendent Mick Hynek are working with
another recycling company; trying to get a better deal. They will be coming
to the Council for approval.
Within the Mayor’s
report, Mayor Ward encouraged everyone to get out and vote one week from
today. Mayor Ward stated the County Clerk is expecting a 20-25% voter
turnout.
Bender stated she had
attended the intergenerational meeting held by the Extension Office. Bender
feels this is a very good program and stated ones attending were from the
ages of 14 to 88; the younger people are also concerned about our community
and want to get involved with different projects. Barb Schmidt with the
Extension Office will be setting up more meetings. Bender stated this is a
good base for our committees to see the future of Fairbury and what we want
to go forward with. Bender stated three of the younger people that were
there call themselves “Acts in Motion” – they were responsible for the water
and balloons that were in front of different homes and they’re also doing a
community garden. Mayor Ward feels this group and the Industrial
Development Committee need to work together.
Polson moved to adjourn
the meeting. Motion seconded by Bailey. On roll call, Brown, Friesen,
Bailey, Polson, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Meeting adjourned at 8:21 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
