Regular Meeting
May 5, 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 5th day of
May, 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 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 April 21, 2009.
2.
Approval of claims.
3.
Approval of the resignation of
Richard Lautenschlager from the Museum Board.
4.
Approval of the resignation of
Darlene Frederick from the Museum Board.
Bender moved to approve
the Consent Agenda. Motion seconded by Trimm. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”
Motion carried.
Mayor Ward conducted
the public hearing concerning a Request for Special Use Permit
(SU-2009-01) from Holly
Troxel for a home occupation (photography studio) at the residence located
at 921 22nd Street. Council person Beryl Lueders stated this
should be approved. No one else
addressed the Council during the public hearing. Mayor Ward announced the
next agenda item.
Mayor Ward conducted
the public hearing concerning the Proprietary Budget and Budget Summary for
the City of Fairbury Utilities for May 1, 2009 to April 30, 2010.
Assistant Superintendent of Utilities Larry
Naiman addressed the Council, reviewing last year’s revenues and expenses
and providing details about the 2009-2010 budget. Naiman stated since 1992,
it has been required to have a hearing to approve the Proprietary Budget for
the utilities; before that time the budget was discussed, but did not need
to have a hearing. This budget is compiled of electric, water and sewer
services only. With this budget, it can be spent down to $500,000.00 (in
case of a storm or other peril). The revenue and expenses may not exceed 10%
of this budgeted document without having to have another public hearing.
The anticipated revenues that we can count on for 2010 are: farm leases,
CRP, wellhead protection land that is leased out, hay grounds. Expenses ~
the MEAN rate could increase $160,000.00 over last year, WAPA rates will
increase, power costs will be increasing because supplier cost of coal has
risen 70%, rail delivery cost is up four times what it was, etc., and they
anticipate a 40% increase in the cost of transformers, poles, wires,
equipment. They will be doing a rate study for electric and water in June
2009. Naiman stated under capital improvements they would like to do a leak
detection survey of the entire water system which has not been done since
2000, SPCC mandate compliance, evaluate electrical underground, variable
speed pumps for the water system, purchase another bucket truck, conversion
of voltage in the downtown area, sanitary sewer manholes rehabilitation,
update status system, infrastructure problems which can be seen with
cameras; so sewer updates need to be done. With the hazard mitigation plan,
if a grant is approved, hopefully will be able to rebuild the 34.5
transmission line and purchase a 600KW generator for the power plant. No
one else addressed the Council during the public hearing. Mayor Ward
announced the next agenda item.
Bender moved to
approve the Special Use Permit (SU-2009-01) for Holly Troxel for a home
occupation (photography studio) at the residence located at 921 22nd
Street. Motion seconded by Brown.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and
Davis voted “yes.” Motion carried.
Mayor Ward conducted
the public hearing concerning the Final Application for the Neighborhood
Stabilization Program. No one else addressed the Council during the public
hearing. Trimm moved to approve the Final Application for the Neighborhood
Stabilization Program. Motion seconded by Byrd.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Byrd moved to approve
the Proprietary Budget and Budget
Summary for the City of Fairbury Utilities for May 1, 2009 to April 30,
2010. Motion seconded by Davis.
On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Bender moved to approve
the request from the Fairbury Chamber of Commerce to barricade the downtown
streets around the square for various activities and from 5th to
6th on E Street continuing to 6th from E to D Streets
until parade at 4:00 p.m. for the Free Miniature Train Rides and blocking
off downtown area streets: 4th Street from J Street west to G
Street; I and H Street from 3rd to 4th Streets; G
Street from 3rd to 5th Streets for the parade route
for Wild West Weekend on June 6, 2009 and then once the parade begins the
entire route traffic flow would cease. Motion seconded by Davis. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted
“yes.” Motion carried.
Discussion was held
regarding the Special Designated Liquor License for the Fairbury Chamber of
Commerce. Council person Ed Friesen wanted to know if this could be done
without the distilled spirits. Justin Goranson, Chamber President, stated
they were following what was done last year for one of the beer gardens to
accommodate everyone. Goranson stated the chili cook-off, which will be a
fund raiser for the Fire Department, will be held from 5:30 – 7:00 p.m. on
the NW lot of Riverside Chevrolet. The band Flip 3 will be from 8:00 p.m.
to 12:30 a.m. Council person Kelly Davis stated Goranson should get another
letter of approval from Police Chief Brooks Bryan as his letter states the
fire department is sponsoring both the beer garden and the chili cook off,
when it is the Chamber of Commerce requesting the liquor license. Goranson
stated they will have a fence down the middle separating the chili cook off
from the beer garden. They will also have a fence around the entire area.
They have visited with Sheriff Sorensen and Officer Fritch regarding the
fence. When they enter the beer garden they will be wrist banded. Davis
moved to approve the Special Designated Liquor License for Fairbury Chamber
of Commerce for a beer garden/dance on June 6, 2009 for Wild West Weekend
from 5:00 p.m. until 1:00 a.m. in the Riverside Chevrolet car lot located at
4th & F Street. Motion seconded by Bender. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Lueders moved to Take
from the Table the K-9 agreement between the City of Fairbury, Jefferson
County Sheriff’s office, and Jefferson County. Motion seconded by Bender.
On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Motion carried. Trimm moved to approve the K-9
agreement between the City of Fairbury,
Jefferson County Sheriff’s office, and Jefferson County. Motion seconded by
Bender. Lueders moved the agreement
be amended to provide that after the City pays for the dog and equipment,
the county pay for the use of the officer and dog so the City and County
would be sharing the expense. Motion died for lack of a second. Council
person Shirley Bender stated the agreement is for one year.
On
roll call, Byrd, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Brown and Friesen voted “no.” Motion carried.
Davis moved to give
approval for Fire Chief Eric Voss to apply for a FEMA SCBA Grant. Motion
seconded by Friesen. Voss stated this grant would be used to purchase CBA’s.
The CBA’s are a self-contained breathing apparatus; we’re having problems
with the ones we now have. We would be able to replace all the CBA’s in the
department with the grant which would be a 95/5% match. The City would pay
for one air pack, which would be approximately $5,000.00, and the federal
government would purchase the other nineteen air packs. Voss had applied
for this last year but was turned down; so he’s hoping since they’ve bought
a new aerial truck that we will be able to get the grant this time.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Bender, and Davis voted “yes.” Motion carried.
Fire Chief Eric Voss
presented the 2008 Annual Fire Department Report. Byrd moved to approve the
2008 Annual Fire Department Report. Motion seconded by Lueders.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and
Davis voted “yes.” Motion carried.
Bender moved to
approve the transferring of $1,000.00 from the Keno Fund to the General Fund
as well as transferring the same $1,000.00 from the General Fund to the
Community Building Fund to be used to purchase tables and chairs. Motion
seconded by Davis. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
City Administrator
Joseph Parker stated Ree Cain had approached him in regards to selling her
property, located at 921 G Street, to the City. This property is adjacent
to the property the City had purchased with the storm sewer directly below
the basement at 917 G Street. Parker stated Cain wants $8,000.00 for the
property. Parker had looked at the property again and the contractors doing
the storm sewer repair had backfilled more so the house is more stable.
Parker could see no damage to the foundation at this point. Mayor Ward
wanted to know if the lady lives in this house. She does not. City
Attorney David Bargen advised that if a property owner believes the City has
damaged private property, there is a statutory process the property owner
can follow to file such a claim with the City instead of asking the City to
purchase the property. No action was taken.
Bender moved to adopt
Resolution No. 722 authorizing the Mayor to sign application documents for
Nebraska Community Development Block Grant (CDBG) Neighborhood Stabilization
Program NSP (funds). Motion seconded by Byrd. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, Bender, and Davis voted “yes.”
Motion carried.
Within the City
Administrator’s report Joseph Parker stated the City-Wide Cleanup went real
well and they did a very good job. Total hauled was 165.03 tons; up 52.91
tons from last year. Brown wanted to know what it costs the City to do this
service; that he has been asked if the City would be able to do another one
in the fall. Parker doesn’t have exact figures; but we use two loaders, six
dump trucks, one garbage truck and several employees so it is a tremendous
undertaking. Parker also mentioned the final monitoring review was
completed regarding the new fire truck and this has been closed out.
Within the Mayor’s
report Homer Ward thanked the Council for allowing him to attend the
Economic Development meeting in Missouri. Ward stated it was very intense
and very informative. It was a five state program. Mayor Ward also thanked
Black Hills for paying his registration and meals.
Byrd moved to adjourn
the meeting. Motion seconded by Davis. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Meeting adjourned at 8:30 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl
Preston, City Clerk
