Regular Meeting
September 1, 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 1st day of
September 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, Brad Kuzelka, and Kelly Davis. Absent: Shirley
Bender.
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 August 18, 2009.
2.
Approval of claims.
3.
Approval of the reappointment
of Jolie Parker to the Museum Board; term to expire July 2014.
4.
Approval of the appointment of
Janell Gibson to the Museum Board; term to expire July 2014.
Trimm moved to approve
the Consent Agenda. Motion seconded by Byrd. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Kuzelka, and Davis voted “yes.” Bender absent.
Motion carried.
Lueders moved to table
(to postpone consideration of) Ronald Brackle’s request to remove portions
of the east half of the sidewalk located on F Street between 4th
and 5th Streets and landscape the terrace until he brings in a
design of what he wants to do. Motion seconded by Friesen. Mr. Brackle was
present and addressed the Council. Brackle stated he had been before the
City Council thirty years ago to make a request to do certain things; at
which time he put a sidewalk light in (which is in front of his office), put
a canopy and awnings on his building, and planted six trees. Brackle stated
he had met with the Public Works Committee on June 2, 2009 and August 18,
2009 at which time they had recommended it go before the City Council.
Brackle stated the trees have, one by one, run out of their lifespan. He
wants to make his corner of town a little bit better. Brackle stated the
Bradford Pear trees on the north end had caused the sidewalk to move up;
which he had presented pictures in the Council packets showing this. Brackle
stated, that when he was before the Public Works Committee on June 2, 2009,
he had presented his priorities in photos 1 and 2; which show things that he
wanted to do right away outlined in red and things that could be done later
outlined in blue. Since that time, he has decided to not only do both the
red and blue sections, but to also go two more sections to the south. Ken
Nance (who will be involved with the improvement project but was not able to
have a plan drawn up before the Council meeting) suggested to him that he
needs to take this entire strip out and also two more sections to the south
where he has a rose plant; have a bobcat come in and take out about two feet
of dirt underneath the sidewalk and replace this with better soil as it
probably wouldn’t have very good growth with the current soil. When he had
met with the Public Works Committee he had told them he wasn’t planning on
having any trees, but since that time, Nance recommends that he should put
two trees in, one to the north and one in the middle. Brackle stated that
Nance also wants to put in an underground watering system which would drip
feed the plants. Brackle stated that Nance suggested removing the damaged
portions of the sidewalk in question yet this fall and replace the removed
sidewalk with a level surface of wood chips. Nance had also suggested
working on the plan between now and next spring, obtain the plan’s approval
by the Council, and following approval of the plan the actual planting would
be made next spring. Brackle stated, down the road, if we don’t like what
he has done, we can come in and say we’re replacing the sidewalk. Assistant
Street Superintendent Laura Bedlan stated regarding the City’s current
sidewalk policy, the City or the property owner can initiate improving the
sidewalk. If the City requests work to be done on a sidewalk, the City
would notify the resident that the sidewalk needs to be repaired and tell
them to fix it at their own expense or if they do not fix the sidewalk, then
the City would do the work and bill the resident. If the property owner
initiates the sidewalk improvement, they can either repair and/or replace
the sidewalk back to its original condition at their own expense or they can
come before the Planning Commission with a plan of what they want to do, the
Planning Commission would then make a recommendation to the Council, the
Council would then vote on the plan and if they do approve it the abutting
property owner can also make the changes at their own expense. Bedlan
stated at the Public Works meeting a motion was made to “recommend the City
Council allow Ronald Brackle to remove portions of the east half of the
sidewalk located on F Street between 4th and 5th
Streets and in front of 425 F Street and pile the concrete in one spot for
the city to pick up and haul away at Ronald Brackle’s expense, contingent
upon a design received by 12:00 p.m. August 28, 2009 and subject to Council
approval of said design.” Bedlan stated in her opinion the Council’s
options are to either disapprove Brackle’s request, or approve Brackle’s
request to do a portion of the work in 2009 and the remaining work in 2010,
or table the discussion and therefore the work until they receive a plan for
the entire project in 2010. Council member Ed Friesen stated he is
concerned regarding the idea of using wood chips; stated it would be
different if they were to be used next to a building, he would prefer having
concrete as shown in picture 1. Friesen stated, taking a recommendation
from the Street Department at the time when they have a plan presented;
doesn’t want it to be open-ended without knowing what the plan is; wants to
know the complete plan. Council member Doug Brown questioned Brackle how
many parking spaces are in this area. Brackle stated roughly six parking
spaces. Brown questioned if they could put a path in between. Brackle
commented that he didn’t think this would be a solution as people will walk
where they want to anyway. Brackle stated he is concerned about not
removing the sidewalk now since it is in such bad shape; if something would
happen the City would be liable. Brackle stated the City has been on notice
since June 2, 2009 that their is a defect in this sidewalk. Brackle also
stated he’s concerned about the safety; he has had motion lights put on his
building to prevent accidents. Brackle is concerned if someone would fall
and get hurt, it’s not a question of liability, it is how much the City will
be writing the check for. Brackle would like to get the defective sidewalk
out yet this year and to get new dirt in place and place wood chips on top;
he will bring a plan in as soon as he receives it from Ken Nance. Council
member Kelly Davis questioned if Brackle was going to have Schipper
Construction haul all of this away while they’re doing the work of the
sidewalk. Brackle replied he was planning on that. Council member Beryl
Lueders also questioned the liability. City Attorney David Bargen stated
the City retains liability for incidents on sidewalks regardless. Prior to
2003, it was believed cities of the second class could transfer both
responsibility to repair sidewalks and, failing to repair the sidewalk,
liability for any accidents, to the abutting landowner, by giving the
landowner notice. In 2003, a Supreme Court case changed that, holding
cities of the second class could not transfer responsibility for repair or
liability to abutting landowners. In 2005, the Legislature amended Neb.
Rev. Stat. 17-522; allowing cities of the second class to transfer
responsibility for repair of sidewalks to abutting landowners, but the
cities retain liability regardless. Bargen believes the City is liable for
sidewalk incidents on any number of sidewalks that may need repair,
regardless of notice, which is one reason why the City carries insurance.
Bargen noted if the City were concerned about liability more now given this
“notice,” the City could repair the sidewalk and replace it with new cement,
per existing City regulations, and that way the City could be assured that
what it was putting back would be safer than what is there, in light of no
plan being presented by Brackle. It could also be argued that if the City
were to proceed with Brackle’s request without reviewing and approving an
overall plan first through its Street Department or City Engineer, it could
raise some liability issues for proceeding with work for which it did not
have specifications. Council member Don Trimm also questioned since we have
been warned regarding the defective sidewalk, would the City be more liable.
Bedlan stated that she had contacted the insurance company to see if this
is something the City needs to be worried about for the entire town not just
this situation. The insurance company is aware of the situation of the
sidewalks in town and this is taken into consideration with the policy that
we have; the City is covered. Taking a proactive approach to get sidewalks
fixed will not change our coverage in any form. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Brown moved to approve
the request from Chuck and Sharon Moore, Co-chairpersons of the Fairbury
Athletic Complex, to have fireworks for the half-time of the first game to
be held at the new complex on September 18, 2009. Motion seconded by Byrd.
Fire Chief Eric Voss stated that he had been contacted by Sharon Moore
requesting having fireworks for part of the dedication of the sports
complex. Voss stated this would require a State Permit from the State Fire
Marshall (which he has at his office; if approved he just needs to call and
tell them it needs to be processed). Stan Schiermeyer would be getting this
permit as he is the licensed pyro technician for this event and Voss as the
Safety Officer. Voss stated this will be a quick show (45 seconds to one
minute) and he has given his approval. Trimm questioned if the high school
is in the city limits. Voss stated that it has been since he has been fire
chief. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Kuzelka, and Davis voted “yes.” Bender absent. Motion
carried.
Byrd moved to authorize
Mayor Ward to sign the Letter of Agreements with Communications Workers of
America (CWA) and the City of Fairbury, International Brotherhood of
Electrical Workers Union 1536 (IBEW) and the City of Fairbury and the
Fairbury Board of Public Works, and the International Union of Operating
Engineers, Local 571 (IUOE) and the City of Fairbury adding the changes in
insurance and wages. Motion seconded by Trimm. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis voted “yes.” Bender
absent. Motion carried.
Brown moved to
authorize Mayor Ward to sign the Professional Service/Consultant Agreement
for General Administrative Assistance between the City of Fairbury, Nebraska
and the Southeast Nebraska Development District (SENDD) for the 2009 CDBG
Neighborhood Stabilization Program.
Motion seconded by Trimm. Dave Taladay with SENDD was present and addressed
the Council. Taladay stated the Council, at their last meeting, had
approved the documents and guidelines for this program. The City received a
notice of approval from the Nebraska Department of Economic Development (NDED)
on August 24, 2009 that the City’s application had been approved in the
amount of $110,000.00. The state contract will be sent at a later date.
Taladay stated that in the letter of award, the City is authorized to
obligate funds to meet the “special conditions” of the NDED contract
including environmental review activities. Taladay stated the consultant
agreement is in the amount of $10,000.00. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Trimm moved to adopt Resolution No. 737 obligating
LB840 funds to “Enhancements Tanning, LLC” for a “Downtown Design Challenge
Grant” of up to $3,000.00. Motion seconded by Lueders. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Davis moved to adopt Resolution No. 738 obligating
LB840 funds to “Fairbury Journal News” for a “Downtown Design Challenge
Grant” of up to $3,000.00. Motion seconded by Lueders. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Davis voted
“yes.” Bender absent. Motion carried.
Trimm moved to
adopt Resolution No. 739 authorizing the City to enter into a Purchase
Agreement for property located at 721 G Street; legally described as: N 44
½’ of Lot 1,
N 44 ½’ of Lot 2,
Block 2, Original Town of Fairbury, Jefferson County, Nebraska. Motion
seconded by Davis. Voss stated that on Monday he had been contacted by Don
Stelling regarding the City purchasing his property in the amount of
$525.00. Stelling wants to move and this is what he would need for his
first month’s rent. Voss stated this property has been an issue since he’s
been here as fire chief and they’re in the process of condemning the house.
Voss stated he has visited with Street Superintendent Mick Hynek and they
would be able to tear down the structure and level the lot. Voss stated he
found out today that $235.34 is owed in back taxes, Blue Valley Community
Action (BVCA) has a lien in the amount of $899.09, and the City of Fairbury
also has a lien in the amount of $450.00. Voss stated he has contacted BVCA
and they will be releasing this lien since it is over five years old; it is
dated July 27, 2000. Davis stated BVCA sent the release to the attorney
today. The City would also release their lien. Voss stated with the closing
costs, etc. it will probably cost a total of approximately $1,000.00; but
stated this is the starting process of cleaning up the City.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, and Davis voted “yes.” Bender absent. Motion carried.
Mayor Ward read by
title Ordinance No. 2985: AN ORDINANCE SETTING SALARIES FOR CITY EMPLOYEES
COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND
REPEALING CONFLICTING ORDINANCES.
Friesen moved to give
third reading to Ordinance No. 2985. Motion seconded by Kuzelka. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Davis, and Kuzelka voted “yes.”
Bender absent. Motion carried. Byrd moved to give final passage of
Ordinance No. 2985. Motion seconded by Lueders. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Davis, and Kuzelka voted “yes.” Bender
absent. Motion carried.
Mayor Ward read by
title Ordinance No. 2986: AN ORDINANCE SETTING SALARIES FOR SUPERVISORS AND
DEPARTMENT HEADS; PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND REPEALING
CONFLICTING ORDINANCES.
Brown moved to give
third reading to Ordinance No. 2986. Motion seconded by Friesen. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Davis, and Kuzelka voted “yes.”
Bender absent. Motion carried. Byrd moved to give final passage of
Ordinance No. 2986. Motion seconded by Kuzelka. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Davis, and Kuzelka voted “yes.” Bender
absent. Motion carried.
Mayor Ward read by
title Ordinance No. 2987: AN ORDINANCE SETTING SALARIES FOR CITY POLICE
DEPARTMENT EMPLOYEES COVERED BY CWA AGREEMENT; PROVIDING FOR THE EFFECTIVE
DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm moved to give
third reading to Ordinance No. 2987. Motion seconded by Davis. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Davis, and Kuzelka voted “yes.”
Bender absent. Motion carried. Friesen moved to give final passage of
Ordinance No. 2987. Motion seconded by Brown. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Davis, and Kuzelka voted “yes.” Bender
absent. Motion carried.
Within the City
Administrator’s report, Joseph Parker stated he will be attending the League
of Nebraska Municipalities 2009 Annual Conference in North Platte, only on
September 30.
Within the Mayor’s
report, Mayor Ward stated he has been working to get a committee set up for
the LB840 money which will have to be voted on hopefully in the May 2010
Primary Election so we will not have to pay for a Special Election.
Byrd moved to adjourn
the meeting. Motion seconded by Kuzelka. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Davis, and Kuzelka voted “yes.” Bender d absent.
Motion carried. Meeting adjourned at 8:20 p.m.
Homer L. Ward, Mayor
ATTEST:
Sharyl Preston
