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Regular Meeting

September 21, 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 21st day of September 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, Phil Rogge, 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 September 7, 2010.

2.      Approval of claims.

3.      Approval of the August 2010 Reconciliation Report.

 

Polson moved to approve the Consent Agenda.  Motion seconded by Kuzelka.  On roll call, Polson, Bailey, Friesen, Brown, Rogge, Kuzelka, and Davis voted “yes.”  Bender absent.  Motion carried. 

 

Kuzelka moved to set a Public Hearing regarding a request for a Special Use Permit

(SU-2010-06) from Janice Judd to conduct a home occupation (jewelry business) located in the R2 – Medium Density Residential Zoning District at 902 H Street, legally described as Lot 6, Block 4, Kings 2nd Addition to the City of Fairbury, Jefferson County, Nebraska and as allowed under Article 5, Section 5.07.3d of the City of Fairbury Zoning Regulations – 2005 Edition for October 5, 2010 at 7:30 p.m.  Motion seconded by Davis.  On roll call, Polson, Bailey, Friesen, Brown, Rogge, Kuzelka, and Davis voted “yes.”  Bender absent.  Motion carried. 

 

Brown moved to approve the Mayor’s appointment of Chad Sprunk as Chief of Police.  Motion seconded by Bailey.  Rogge suggested, in the future, the Council would look again at combining the police department and the sheriff department together; he feels inevitably that is the direction that will have to be taken for financial reasons.  Kuzelka stated he has concerns – the top concern being he doesn’t feel Chad is fully qualified for this job.  Kuzelka stated he thinks this should be tabled until the City could get more applicants or until Sprunk becomes fully qualified.  Mayor Ward called for the vote on the appointment of Chad Sprunk as Chief of Police.  On roll call, Polson, Bailey, Friesen, Brown, and Rogge voted “yes.”  Kuzelka and Davis voted “no.”  Bender absent.  Motion carried.  Sprunk was sworn into office by City Attorney David Bargen, who administered the Oath of Office to Sprunk. 

  

Larry Naiman, Assistant Superintendent of Utilities introduced Andrew Ross with Nebraska Municipal Power Pool (NMPP) Energy; NMPP Energy assists the City with rate studies for electric, water and sewer.  Naiman stated i.e. the R.I.C.E. mandate and the spills mandate are both drivers that drive the electric rates higher of which we have no control.  Andrew Ross addressed the Council regarding the electric rate study.  Ross stated he addressed the Council earlier this year regarding the water and sewer rate study – at which time they recommended a 7% rate increase for the water which was implemented in May 2010.  Ross stated they do a rate study every two years and develop a five-year financial planning model.  This report discusses the findings and recommendations resulting from an electric financial plan and cost of service study.  The model indicates that Fairbury presently has sufficient cash reserves and is maintaining adequate net income levels.  However, due to projected increases in purchased power costs, the electric utility will require a series of annual rate increases to maintain net income and cash reserves.  The Fairbury cost of service revenue requirements for fiscal year ending (FYE) 2010 is $5,881,327.00 which is broken down as follows: purchased power and production costs together are $3,870,573.00 and is the largest component of total revenue requirements at 66% of the total; distribution costs are $946,124.00 or 16% of total revenue requirements and makes up the second largest component; customer accounts are $331,097.00 and comprise 6% of the total, and administrative and general costs are $733,533.00 and make up the balance at 12%.  Ross stated power supply costs are the largest single expense item for a utility.  The City purchases its total capacity and energy requirements from the Municipal Energy Agency of Nebraska (MEAN) and Western Area Power Administration (WAPA) under long term purchase arrangements.  The City’s power supply resources are delivered over the NPPD service area.  NMPP Energy recommends the City Council consider: 1) two 4.8% system overall rate changes for November 1, 2010 and November 1, 2011 – no class of customer would get more than a 6.8% increase or less than a 2.8% increase; 2) rate changes should be reviewed every year and adjusted as necessary; 3) consider approval of the ordinance for a 4.8% rate increase; and 4) consider adopting a formulaic method in determining the electric utility transfers to the city’s general fund.  Naiman stated the Board of Public Works (BOPW) reviewed the rate study done by NMPP Energy and recommended Mr. Ross present the rate design study to the City Council and desires the Council authorize the drafting of an ordinance according to NMPP Energy recommendations.  Brown moved to postpone this until the next meeting to give the Council more time to look over all the information.  Motion seconded by Bailey.  On roll call, Polson, Bailey, Friesen, Brown, Rogge, Kuzelka, and Davis voted “yes.”  Bender absent.  Motion carried

 

Mayor Ward read from the agenda “consider distribution of $10,000.00 of funding to “Discs N Dat” project”.  Mayor Ward stated no action will be taken because nothing further has materialized.

 

Mayor Ward read from the agenda “update from Kim Bush regarding the Girl Scout Cabin”.

Kim Bush, Girl Scout Leader, addressed the Council.  Bush stated the freshman girls are working for a gold award, which requires eighty hours of community service.  Bush stated since we’re in a historical community they have decided they would like to save the Girl Scout Cabin and fix it up; they have used it before for different things and find that it’s in a poor state of repair.  They want to replace torn screens, paint, cracks in walls need to be fixed, etc. Bush stated they would like to get the cabin back to like she remembers it - they want to make it more attractive – hopefully it will be used more and enjoyed like it has been in the past.  Bush stated the cabin was really busy years ago with different people using the cabin.  The cabin was built in 1936 – to be used like a community house.  Bush stated her grandfather was the Superintendent of Parks years ago – said the tables and benches were painted by her grandfather – they’re still the same color. Bush stated the tables and benches are in excellent shape, they’ve always been indoors – but they will start with stripping the tables and repainting them.  Bush stated they will use caution to do this because the tables are old enough that lead based paint was probably used.  Davis told Bush to call him when they’re ready to paint; he is a certified lead paint renovator – he can help them with that. They want to address the kitchen first – would like to get a small apartment size electric stove and refrigerator – they’re looking to find energy efficient appliances.  Bush stated they have received donations for new fixtures.  Bush stated they want to pay for the projects as they go; they have several ideas for fundraisers to do the projects - may have a haunted house for Halloween.  Bush asked everyone, when they hear that the Girl Scouts are having a fundraiser, to please come support them.  Bush stated electric heat was discussed before – wanted to know if this was still going to be done.  Friesen stated when he had visited with the BOPW regarding electricity, they stated they would also include enough service to handle electric heat. Friesen told Bush to stay in close contact with Mick Hynek, Park Superintendent and Laura Bedlan Assistant Street Superintendent as may have guidelines to follow when they’re refurbishing the Girl Scout Cabin.

 

Rogge moved to approve the liquor license manager application submitted by Alan C. Riggins in connection with the Fairbury Elks Lodge #1203 located at 525 G Street, Fairbury, Nebraska.  Motion seconded by Davis.   On roll call, Polson, Bailey, Friesen, Brown, Rogge, Kuzelka, and Davis voted “yes.”  Bender absent.  Motion carried

 

Jim Frager, representative from Five Rivers RC&D out of Tecumseh addressed the Council regarding the Household Hazardous Waste Collection to be held in Fairbury on Thursday, September 23, 2010 from 5:00 p.m. to 7:00 p.m. at the City Shop at 3rd & Frederick.  Frager stated they will be taking the spiral fluorescent light bulbs, small batteries, cleaning products, lawn and garden chemicals, paint, etc.  They will not be taking tractor, truck, automobile or lawnmower batteries, tires, appliances, antifreeze, wood preservatives, etc.  Frager stated they will also be collecting motor oil.  They need ten more volunteers – clothing and refreshments will be provided for the workers.

 

Polson moved to adopt Resolution No. 790 designating depositories of the City of Fairbury and approving the pledge of assets as security from said banks.  Motion seconded by Friesen.  On roll call, Polson, Bailey, Friesen, Brown, Rogge, Kuzelka, and Davis voted “yes.”  Bender absent.  Motion carried. 

 

Rogge moved to adopt Resolution No. 791 authorizing the City to levy special assessments against certain properties for nuisance abatements.  Motion seconded by Kuzelka.  On roll call, Polson, Bailey, Friesen, Brown, Rogge, Kuzelka, and Davis voted “yes.”  Bender absent.  Motion carried. 

 

Mayor Ward read by title Ordinance No. 2998: AN ORDINANCE AMENDING THE CITY OF FAIRBURY MUNICIPAL CODE §§ 91.70, 91.71, 91.73, AND 91.75 REGARDING THE DEFINITIONS, SALE, IGNITION, AND REGULATION OF FIREWORKS AND TO CONFORM SAID SECTIONS WITH STATE LAW.  Bailey moved to commit Ordinance No. 2998 to the Public Safety Committee to review and also get reports from both the Fire Chief and the Police Chief to see what their thoughts are regarding the fireworks.  Motion seconded by Polson.  On roll call, Polson, Bailey, Friesen, Brown, Rogge, Kuzelka, and Davis voted “yes.”  Bender absent.  Motion carried. 

 

Bailey moved to adjourn the meeting.  Motion seconded by Polson.  On roll call, Polson, Bailey, Friesen, Brown, Rogge, Kuzelka, and Davis voted “yes.”  Bender absent.  Motion carried.  Meeting adjourned at 8:24 p.m.

                                                                           Homer L. Ward, Mayor

                       ATTEST:  Sharyl Preston, City Clerk

 

 
 
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