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Regular Meeting

June 16, 2009

 

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 16th day of June 2009, 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, Ron Byrd, Don Trimm, Beryl Lueders, Shirley Bender, Brad Kuzelka, and Kelly Davis. 

 

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 June 2, 2009.

2.      Approval of claims.

3.      Approval of the May 2009 Reconciliation Report.

4.      Approval of the re-appointment of Wayne Buehler to the Board of Adjustment.

Term to expire May 2012.

5.      Approval of the re-appointment of Kristin Vaughn to the Library Board.

Term to expire July 2013.

 

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.

 

Trimm moved to Take from the Table the Resolution of Necessity.  Motion seconded by Davis.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”  Motion carried.  Mayor Ward opened the public hearing concerning the Resolution of Necessity for the creation of the City of Fairbury storm sewer improvements consisting of Storm Sewer Improvements 11th and F Streets (Bid Section 1); and Storm Sewer Improvements 10th and G Streets (Bid Section 2) for the construction of certain storm drainage improvements.  No one spoke in regards to the matter.  Mayor Ward declared the hearing closed.

 

Tim Keelan from Hanna:Keelan Associates gave an executive summary of the housing demand for the Community of Fairbury.  The Housing Study was completed by Hanna:Keelan which was funded by a Community Development Block Grant (CDBG) from the Nebraska Department of Economic Development, with local community matching funds.  Keelan stated over 200 citizens gave input with the survey.  Keelan stated the Housing Committee which consists of Sharon Janzen, Aaron, Schultis, Eric Voss, Michaela Call, Don Call, Kelly Davis, and Dave Taladay with SENDD prioritized the needs for our community.  The priority housing needs of Fairbury were derived from the results of both qualitative and quantitative housing planning research activities.  The top five priorities are:  1) purchase and demolition of substandard properties; 2) housing rehabilitation program ~ targeted for owner-occupied single family dwellings, including the elderly and persons with disabilities; 3) create a variety of housing types for adults 55+ years of age; 4) create a purchase-rehab-resale or re-rent program; and 5) establish a credit, or lease-to-own program and first-time homebuyer assistance program.  Keelan stated the projected population for Fairbury and Jefferson County should remain stable from 2009 to 2014.  The total estimated housing target demand for Fairbury, by 2014, is 75 housing units, including 35 owner and 40 rental units.  An estimated 160 housing structures in Fairbury are in need of either moderate or substantial rehabilitation, at an estimated cost of $5.6 million.  An additional 102 total units are in need of demolition, during the next five years.  The demolition of substandard, dilapidated, unsafe housing units needs to be a priority in Fairbury during the next five years.  For the year 2010, the Housing Profile shows Jefferson County consisting of an estimated 3,302 households (2,567-owner, 735-renter).  The number of housing units needed in the County is projected to increase by an estimated 68, or 2.1%, from 2010 through 2025.  The average real value of new, single family homes in Jefferson County, in 2006, was an estimated $168,095.00.  The average price of existing homes was estimated at $49,844.00, as of July 2006.  Keelan stated we should keep the Housing Committee intact; this is a good opportunity to do some things.  Keelan stated the community needs to grab a hold of the needs of the community.  People are migrating from larger communities and coming to smaller communities to live.  We have to provide a welcoming atmosphere.  Council person Don Trimm questioned how #4 of the priority list works ~ create a purchase-rehab-resale or re-rent program.   Keelan stated there is funding sources at the state level ~ CDBG dollars, doc stamps, etc.  ~ would get certain amount of dollars to go out and buy so many houses and rehabilitate them – then sell them or rent them.  Byrd moved to accept the Housing Study done by Hanna:Keelan Associates.   Motion seconded by Lueders.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”  Motion carried.

 

Lueders moved to approve the recommendation from the Personnel Committee to offer AFLAC as a voluntary benefit to the employees.  Motion seconded by Friesen.  Jim Bellows, AFLAC representative from York,  stated there will be no direct cost to the City except to establish the premiums as a payroll deduction.  Bellows will coordinate with City Administrator Joseph Parker to set up times to visit with employees.  Council person Beryl Lueders stated she thinks this is a very good program.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”  Motion carried.  Bellows thanked the Council for letting them offer this  voluntary benefit to the City employees.

  

Byrd moved the City allow the current IBEW Local Union contract to rollover, the current contract expiring September 30, 2009, with no further negotiations.  Motion seconded by Trimm. Parker stated that if neither the IBEW or the City provide notice of intent to open contract negotiations, then the terms and conditions of this contract shall be extended for one year beyond the current contract term, including the benefits in effect immediately prior to the expiration of this contract; provided, however, that wages only shall increase at the same percentage of increase as in the previous year (three percent).  Once the new benefit rates for health insurance are established, the costs shall be shared in the same percentages as under the current contract.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Parker stated the City has received the following demolition bids for 314 West 3rd Street; legally described as Lot 4, Smith’s Subdivision to Fairbury, Jefferson County, Nebraska: 

                        McBride Trucking & Excavation                    $ 4,900.00

                        Banahan Trucking & Excavating                    $ 5,000.00

                        Haddan Excavating                                         $ 3,100.00

Parker recommended going with the low bid of Haddan Excavating.   Friesen moved to award the demolition bid for 314 West 3rd Street to Haddan Excavating in the amount of $3,100.00.  Motion seconded by Lueders. Parker stated this house was damaged by fire and has lost more than 50% of its value.  Fire Chief Eric Voss has sent out the proper notices and the owner made it apparent that he was going to remove the structure, but this was never done.  Asbestos removal is not a factor, the house simply needs to be removed and the lot backfilled.  The costs for the demolition will eventually be special assessed back to the owner, if he/she does not voluntarily pay the costs to the city.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Byrd moved to approve the request from Blue Valley Community Action to use the west side of the downtown square on Thursday afternoons at 5:30 p.m. for the Farmer’s Market starting June 25, 2009 and a portion of the City Park (in front of the old playground/train engine near the 5th Street entrance) on Saturday mornings at 9:00 a.m. starting June 27, 2009.  Motion seconded by Trimm.   Council person Bender questioned the concern of the fee for the permit for BVCA.  Mayor Ward stated it would be only the one fee of $75.00, which would be for both locations.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Voss stated they have purchased a Thermal Imaging Camera for the local emergency services.  Voss passed the camera around for the Council to see.  Voss stated this camera was coming out of service from Concordia and they will sell it to us for $1,500.00; it has a trade-in value of $3,000.00 but they knew we didn’t have one ~ they had this when Voss was working there as captain.  It was $15,000.00 new.  Voss stated $150.00 will come out of the Fire Department’s budget; the rest will come from other agencies ~  (he has talked to Sheriff Nels Sorensen and Emergency Management Director John McKee.)  For fire departments, it is used primarily to go into smoke-filled houses where they can’t see. Voss stated with this camera they can scan a room and with the infra red it will show where a person or an animal is located.   When Voss was in Concordia they had done some studies – it took between twenty and thirty minutes to get through a house; with this camera they got it down to seven minutes.  Also if you turn the camera upside down, it will keep the picture upright.  You can not actually see through a door, you have to open the door.  The range of distance for this camera is three city blocks.  It also cuts the time of having to walk fields. They may do a fundraiser, where they would come to people’s homes, have them turn up their heat – they can scan and see where losing heat – this would cut down on energy bills.  The camera will be kept on the rescue truck and will be shared with other local emergency services.

 

Bender moved to adopt Resolution 728 finding the results of the Public Hearing and finding the City has taken required steps as to the proposed Resolution of Necessity.  Motion seconded by Kuzelka.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried. 

 

Friesen moved to Take from the Table Resolution No. 725 ~ Resolution of Necessity.  Motion seconded by Brown.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.  Trimm moved to adopt Resolution No. 725 ~ Resolution of Necessity for the creation of City of Fairbury storm sewer improvements consisting of Storm Sewer Improvement 11th and F Streets (Bid Section 1); and Storm Sewer Improvement 10th and G Streets (Bid Section 2) for the construction of certain storm drainage improvements.  Motion seconded by Davis.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried. 

 

Mayor Ward read by title Ordinance No. 2983:  AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, SERIES 2009B, OF THE CITY OF FAIRBURY, NEBRASKA, OF THE PRINCIPAL AMOUNT OF THREE HUNDRED FIVE THOUSAND DOLLARS ($305,000.00) FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR A PORTION OF THE COSTS OF CONSTRUCTING IMPROVEMENTS IN STORM SEWER IMPROVEMENT 11TH AND F STREETS (BID SECTION 1);  AND, STORM SEWER IMPROVEMENT 10TH AND G STREETS (BID SECTION 2) OF THE CITY OF FAIRBURY,  PENDING THE ISSUANCE OF PERMANENT GENERAL OBLIGATION SEWER BONDS; PRESCRIBING THE FORM OF SAID NOTES; AGREEING TO ISSUE GENERAL OBLIGATION SEWER BONDS TO PAY THE NOTES AT MATURITY OR TO PAY THE NOTES FROM OTHER AVAILABLE FUNDS; AND, ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID NOTES.  Bender moved to adopt Ordinance No. 2983.  Motion seconded by Friesen.  Bender moved to suspend the statutory three readings requirement.  Motion seconded by Lueders.  On roll call on the motion to suspend three readings, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.  Discussion on the ordinance ensued.  Lorenzen stated the Bond Anticipation Note Financing, Series 2009B would be at a recommended issuance rate of 1.30%; will mature September 15, 2010.   Lorenzen stated the expected calendar for this project is adopting the ordinance this evening authorizing the notes so the note proceeds can be delivered to the City July 20, 2009 to be available to pay contract expenses; the project should be completed late summer or early fall; go through the lengthy  process of special assessments; should be done to authorize issuance of bonds early 2010; and call bonds on March 15, 2010, roll into various purpose bonds ~ street work and storm sewer work less special assessments.  The use of the funds are: project bids awarded in the amount of $255,110.40, engineering costs in the amount of $40,000.00, cost of issuance in the amount of $2,592.50, legal opinion in the estimated amount of $500.00, capitalized interest in the amount of $2,588.27, and contingency in the amount of $4,208.83 for a total of $305,000.00.  The City Treasurer will be the Paying Agent and the Registrar.  On roll call on the passage of Ordinance No. 2983, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.

 

Within the City Administrator’s report, Joseph Parker stated he will be leaving Wednesday evening and coming back on Friday afternoon to Kearney for a Finance Seminar.

 

Council person Kelly Davis read a note to the Council from Blue Valley Community Action thanking them for donating 271 pounds of food to the Can-Care-a-Van food drive. They broke a record bringing in 10,550 pounds this year.

 

Byrd moved to adjourn the meeting.  Motion seconded by Lueders.  On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”  Motion carried.  Meeting adjourned at 8:17 p.m.                                                                                                                                                           Homer L. Ward, Mayor

   ATTEST:  Sharyl Preston, City Clerk                       

 

                          
 
 
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