Regular Meeting
August 5, 2008
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 August, 2008, at 7:30 p.m. Mayor LaVeda L. Fry 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, and Tim
Polson.
Mayor Fry called for the submittal of forms to request future agenda items.
No forms were submitted during the meeting.
Mayor Fry read the Consent Agenda:
1.
Approval of the minutes of the regular meeting of July 15, 2008.
2.
Approval of the minutes of the special meeting of July 22, 2008.
3.
Approval of the minutes of the special meeting of July 28, 2008
4.
Approval of claims.
5.
Approval of the appointment of Councilperson Beryl Lueders to the
Finance & Keno, Public Works, and Planning Committees.
6.
Approval of the appointment of Barbara (Bobby) Welch to the Library
Board. Term to expire July 2012.
Polson requested item 4 be voted on separately. Polson stated the Finance
Committee had denied the claim to Alfred Vacanti for interview travel
reimbursement in the amount of $777.41. Byrd made a motion to approve the
Consent Agenda with the exception of the claims. Motion seconded by
Polson. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and
Polson voted “yes.” Motion carried.
Polson made a motion to approve the claims with the exception of the claim
for Alfred Vacanti. Motion seconded by Bender. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, and Polson voted “yes.” Motion
carried.
Mayor Fry opened the public hearing regarding the Community Input of the
Girl Scout Cabin. Due to the deterioration of the structure, the City
Council is soliciting public opinion regarding options in dealing with the
cabin. Councilman Ed Friesen stated that he and Councilman Tim Polson, City
Administrator Jim Ferneau, and Street Superintendent Mick Hynek had looked
at the structure. Friesen stated we have no estimates to present at this
time. The roof leaks and is deteriorating some of the structure inside of
the cabin. No one was interested in interior repairs of the cabin like
painting, etc. Friesen had Delvin Schipper look at the structure. Schipper
said we could put a new structure above that would slope from the front of
the cabin to the back of the cabin and still be under the rock edge that we
see; then we could do the new roof. This could cost around $10,000.00 for
the new structure and the sheeting and then you would add the roof that we
had a bid around $6,500.00. Friesen said it would be good if a group would
adopt the cabin. Citizen Mary Ann Willis stated that she had a telephone
call that a meeting will be held tomorrow morning at 11:00 a.m. to discuss
the Girl Scout Cabin. Mayor Fry stated that someone had contacted her to
meet at the Girl Scout Cabin tomorrow morning at 8:00 a.m. and at 11:00
a.m. Hopefully, they will have some funding ideas. Citizen Dan Stanton
stated the Girl Scout Cabin is of historical significance to the park; that
it should be preserved and maintained if at all possible. He stated things
previously had been torn down and removed from the park without council
approval and done without public discussion. Stanton hopes that we can find
a way to preserve this building. Mayor Fry declared the hearing closed.
Mayor Fry opened the public hearing for the semi-annual review of the Local
Option Sales Tax for Economic Development (LB840) Program. Michael R.
Beachler of the Citizens Advisory Review Committee reported on the period
from January 1, 2008 to June 30, 2008, stating 2 applications were received,
4 applications were processed, 1 application was denied, 3 applications were
approved, 0 applications are pending, 3 applications are approved/funded,
and 0 applications were denied. Beachler stated no discrepancies were found
in the program as reviewed. Beachler concluded by stating at the time the
committee met, two loans were being serviced, one loan was delinquent, and 5
grant projects being administered. Beachler also stated the City should
follow recommendations from the Economic Development Review Committee to
develop a Steering Committee to review LB840 for reimplementation. Mayor
Fry declared the hearing closed.
Mayor Fry opened the public hearing for a “Downtown Design Challenge Grant”
for Economic Development (LB840) Program. Ferneau stated the Economic
Development Review Committee has recommended using $18,000.00 for downtown
building façade improvements. The project area would be the Fairbury
Downtown Historic District. Ferneau says this is 3rd Street up
to 6th Street bounded by F Street and the railroad tracks. This
project would assist with preservation of original and/or historical
commercial buildings and assure that such buildings are rehabilitated in an
appropriate manner. Ferneau stated that three businesses have contacted to
see if they could get funding; two for signs and one for a new business.
Councilperson Bender said we need to maintain historic details; wanted to
know if the signs would be historic or neon. Ferneau stated this would be a
good way to partner with the Chamber of Commerce to assist in improving the
Downtown District.
Mayor Fry declared the hearing closed.
Discussion was held regarding removal of a garage at 803 8th
Street. Don Goebel, owner of the property, was present. Goebel would like
an extension; he realizes the garage needs to come down but he’s had some
problems that he hasn’t been able to get it down before now. Building
Inspector Eric Voss stated that a letter was sent April 18, 2008 and he has
already given him an extension. Trimm made a motion to set a Public Hearing
for garage removal at 803 8th Street for September 2, 2008 at
7:30 p.m. Motion seconded by Lueders. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, and Polson voted “yes.” Motion carried.
Mayor Fry stated item 1 under Current Business, the approval of the
appointment of Delayne Pfingsten to fill vacancy in office of City
Councilman, Ward II; term to expire 2010 and also item 2, the swearing in of
Delayne Pfingsten as City Councilman, Ward II that Mr. Pfingsten was not
present tonight as he had a prior commitment. Mayor Fry asked for a motion
to approve the appointment of Delayne Pfingsten to fill the vacancy in Ward
II. City Attorney Mark Fahleson stated the Council does not need to make a
motion they can just vote on the appointment. Mayor Fry asked the Council
to vote on the appointment. On roll call, Byrd and Polson voted “yes.”
Brown, Friesen, Trimm, Lueders, and Bender voted “no.” Motion did not
carry.
Mayor Fry announced there was one bid for the property located on A Street
that the City is selling. Mayor Fry opened the sealed bid for the City
selling of real property; legal description Lot 1, Block 3, Lindell &
Hansen’s 2nd Addition of Fairbury, Jefferson County, Nebraska.
The bid was as follows:
Debra L. Zeleny; 823 A Street; Fairbury, Nebraska $200.00
Byrd made a motion to accept the bid received from Debra L. Zeleny for
$200.00. Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, and Polson voted “yes.” Motion carried.
Denny Graham from Olsson Associates was present to give an update on the
status of the street and storm sewer projects. On the paving projects,
Olsson’s recommend going with concrete instead of asphalt since the price is
so close, difference of only $2,300.00. They are working on the paving
districts with the bond agent and will be bidding in September. The project
on J Street between 2nd and 3rd Streets and Bacon Road
from Feaster Foods is completed. On the storm sewers, Graham stated that
Nebraska Emergency Management (NEMA) needs figures and information; it
depends on total amount of figures from here and the surrounding areas; but
may also get help from FEMA. Voss stated that it didn’t sound like we would
be getting any funding from FEMA. Graham stated that 600 feet of storm
sewer is in need of repair; overall scope of proposed improvements is still
under development. This consists of damaged floors and sagging roofs.
The
Airport Authority’s Tax Request of $30,000.00 for Fiscal Year 2008-2009 was
considered by the Council. City Administrator Jim Ferneau stated the
Airport Authority received taxes in the amount of $28,000.00 in Fiscal Year
2007-2008. Ferneau stated the Airport’s tax request works in conjunction
with the City’s. The total between the two cannot exceed $0.45/$100.00 of
valuation for the base tax request. Ferneau anticipates our total valuation
for the community to be about 1.5% higher than the current year, which would
increase the property taxes available by $7,000.00. Bender made a motion to
stay at the $28,000.00 like the Airport Authority received last year.
Motion seconded by Polson. Trimm stated he believed an airport is a big
benefit for a community. On roll call, Brown, Friesen, Byrd, Lueders,
Bender, and Polson voted “yes.” Trimm voted “no.” Motion carried.
The
Council considered a request from the Pioneer Shrine Club for permission to
use the City Park for the July 2009 and July 2010 Flea Market. 2009 may be
for two days but that isn’t definite yet. Wayne Buehler was present from the
Pioneer Shrine Club. Buehler thanked the Council for letting them use the
City Park for the Flea Market in the years past. Buehler stated the reason
for asking for two years is the vendors want to know so they can get it on
their calendars. Polson stated that some vendors were complaining of the
rates being higher. Buehler stated the rates are set by the committee and
they ended up only charging $50.00 this year for the two days they were
here. Buehler stated that now the food handlers also have to have a food
inspection from the Nebraska Health Inspector that they didn’t have to have
before. Bender wanted to know how many years they have had the Flea Market
here. Buehler stated it has been 37 – 38 years with the Shrine Club putting
it on for 25 years. Of the net proceeds, about 98% goes to the Shrine
Children’s Hospital and for transportation for the families. Lueders
thought maybe they could get more community input next year and incorporate
with downtown restaurants and with the Chamber of Commerce. Byrd made a
motion to approve the request for July 2009 and July 2010. Motion seconded
by Brown. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and
Polson voted “yes.” Motion carried.
Mayor Fry stated that no bids were received for the Girl Scout Cabin
repairs. Fry stated that a group will be meeting at the Girl Scout Cabin
tomorrow morning at 8:00 a.m. and 11:00 a.m. if anyone is interested, they
should come down to the cabin.
City Administrator Jim Ferneau recommends transferring $50,000.00 from the
General Fund to the Fire Equipment Fund to have the funds set aside for the
expenditure of the ladder/snorkel truck. We will have assistance with this
purchase with CDBG funds. This expenditure will probably not occur until
2009, so we need to get this money transferred since we’re close to the end
of the budget year. Bender made a motion to approve transferring $50,000.00
from the General Fund to the Fire Equipment Fund for the purchase of the
ladder/snorkel truck. Motion seconded by Friesen. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, and Polson voted “yes.” Motion
carried.
City Administrator Jim Ferneau recommends transferring $30,000.00 from the
Keno Fund to the General Fund and the same $30,000.00 from the General Fund
to the Park Fund for the construction of the restroom facilities in the
softball complex. The City had agreed to pay $30,000.00 of the construction
costs, and budgeted FY2008 to transfer out of the Keno Fund to pay for our
portion. The City Auditor in the past had recommended that when Keno Funds
are used, to process a transfer from the Keno Fund into the General Fund,
and to then process a transfer of General Funds to the specific fund where
the expense will occur. We have to do this to maximize our spending
authority based on state levy laws, which has some specific formulas based
on how General Fund money is used. We have started incurring expenditures
in the Park Fund for this project. Bender wanted to know if this is to be
paid out of this year; that it started in 2007 and tagged Keno Funds at that
time. Ferneau stated the majority will be next budget year. Bender made a
motion to approve the transferring of $30,000.00 from the Keno Fund to the
General Fund and the same $30,000.00 from the General Fund to the Park
Fund. Motion seconded by Polson. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, and Polson voted “yes.” Motion carried.
Byrd made a motion to approve a request from Phil Rogge for a curb cut at
1324 12th Street on the NE corner. Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and Polson voted
“yes.” Motion carried.
Discussion was held regarding the Letter of Agreement between the
International Union of Operating Engineers (IUOE) Local 571 and the City of
Fairbury bargaining agreement for cell phone usage. Employees involved in
the IUOE bargaining unit, who have a minimum of 250 minutes per month of
cell phone usage for City business, as documented by monthly statements from
an employee’s cell phone carrier, shall be paid $50.00 monthly upon an
employee’s submission to employer of said monthly cell phone statement.
Polson stated the Finance Committee had approved this cell phone agreement.
Ferneau stated it would involve two Board of Public Works (BOPW) and two
city employees and that the BOPW had approved this for one of their
employees. Ferneau stated if we’re going to reimburse one member of the
IUOE for cell phone usage, we should consistently reimburse all members who
hit some pre-established condition. Ferneau stated it would be for 250
minutes per month with an itemized billing. Polson made a motion to approve
the Letter of Agreement between the IUOE and the City for cell phone usage.
Motion seconded by Byrd. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, and Polson voted “yes.” Motion carried.
Discussion was held regarding the request from Blue Rivers Area Agency on
Aging (BRAAA) for a City donation towards the purchase price of an ice
machine for the Community Building. The Senior Center manager, Gail Ward,
was present from BRAAA. She thanked the Council for letting them use the
Community Building. Ward stated they have done several fund raisers in the
past for the Community Building. The replacement cost of the ice machine
will be $1,790.00. They have raised approximately $1,200.00 and would like
the City to pay the remainder. Lueders wanted to know if the ice machine
was locked. Ward replied the kitchen is locked but the ice machine is out
in the other room and it is not locked; any one can use it. Friesen wanted
to know if we had money in the budget for this expenditure. Ferneau said
the community building fund would be able to cover it with what they have.
Byrd made a motion to approve the City paying a portion of the ice machine
for the BRAAA in the Community Building. Motion seconded by Trimm. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and Polson voted “yes.”
Motion carried.
Bender made a motion to adopt Resolution No. 693 to use LB840 Local Option
Sales Tax Revenues in the amount of $18,000.00 for the “Downtown Design
Challenge Grant Program” with an amendment to have a Historical Committee
within the Planning and Zoning be appointed. They would be responsible for
and have an oversight of the project. Motion seconded by Byrd. On roll
call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and Polson voted “yes.”
Motion carried.
Mayor Fry read by title Ordinance No. 2975: AN ORDINANCE SETTING SALARIES
FOR SUPERVISORS AND DEPARTMENT HEADS; PROVIDING FOR THE EFFECTIVE DATE
THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm made a motion to
introduce Ordinance No. 2975. Motion seconded by Polson. On roll call,
Brown, Friesen, Byrd, Trimm, Lueders, Bender, and Polson voted “yes.”
Motion carried. Byrd made a motion to provide for its first reading.
Motion seconded by Brown. On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Bender, and Polson voted “yes.” Motion carried.
Mayor Fry read by title Ordinance No. 2976: AN ORDINANCE SETTING SALARIES
FOR CITY EMPLOYEES COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE
DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Bender made a motion to
introduce Ordinance No. 2976 and provide for its first reading. Motion
seconded by Friesen. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Bender, and Polson voted “yes.” Motion carried.
Mayor Fry read by title Ordinance No. 2977: AN ORDINANCE SETTING SALARIES
FOR CITY POLICE DEPARTMENT EMPLOYEES COVERED BY CWA AGREEMENT; PROVIDING FOR
THE EFFECTIVE DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Bender
made a motion to introduce Ordinance No. 2977 and provide for its first
reading. Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, and Polson voted “yes.” Motion carried.
Within the City Administrator’s report Jim Ferneau mentioned the League of
Nebraska Municipalities 2008 Annual Conference will be September 17-19 in
Omaha. If anyone is planning on attending, they need to let the City Clerk
know before September 2, so reservations can be made.
Byrd made a motion to adjourn the meeting. Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and Polson voted
“yes.” Motion carried. Meeting adjourned at 8:40 p.m.
LaVeda L. Fry, Mayor
ATTEST:
Sharyl Preston, City Clerk
