Regular Meeting
November 21, 2006
The
Mayor and Council of the City of Fairbury met in regular session in the
Council Chambers, 612 D Street, Fairbury, Nebraska, on the 21st
day of November, 2006, at 7:30 p.m. Mayor E.M. Mueller called the meeting
to order. Roll call found the following Council Members present: Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson. Absent: none.
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 is
posted in the Council Chambers as required by law.
Mayor Mueller read the Consent Agenda. (1) Approval of the minutes of the
regular meeting of November 7, 2006. (2) Approval of the October 2006
Reconciliation Report. (3) Approval of claims. Bartels made a motion to
amend the minutes of the November 7, 2006, meeting by adding “after both
parties have agreed upon all terms of the MOU” to the motion to approve the
grant to Fairbury Steaks. Motion seconded by Bender. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Motion carried. Byrd made a motion to approve the consent agenda
with the minutes as amended. Motion seconded by Bartels. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Motion carried.
Assistant Street Superintendent Tim Fuentez informed the Council that a
Public Hearing needed to be set concerning the proposed Final Plat of the
Wal-Mart 1st Subdivision which is a replatting of Lot 1, Block 1,
of the Wal-Mart Subdivision as proposed by Olsson Associates. Fuentez
stated the Planning Commission has already addressed the issue and is
sending it on for Council approval. Phillips made a motion to set the
hearing for December 5, 2006 at 7:30 p.m. Motion seconded by Byrd. On roll
call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson
voted “yes.” Motion carried.
Dan
Duren of Benefit Management presented quotes from insurance carriers for
employee life insurance premiums. Duren stated Sun Life provided the lost
cost insurance. Polson made a motion to approve Sun Life as the insurance
carrier for employee life insurance. Motion seconded by Phillips. On roll
call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson
voted “yes.” Motion carried.
Duren provided information to the Council on changes to employee health
insurance and the addition of a high-deductible Health Savings Account (HSA)
plan. Duren stated the Council needed to designate banks in which employees
may have their HSA funds deposited. City Administrator Jim Ferneau asked
that First National, American National, and Union Bank & Trust be approved
immediately with the possibility of other banks being added at a later
time. Byrd made a motion to approve First National, American National, and
Union Bank & Trust as banks in which employees may open Health Saving
Accounts. Motion seconded by Bartels. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
Duren informed the Council that in order for HSA’s to be funded on a pre-tax
basis, plan documents needed to be prepared. Duren stated he is researching
companies to prepare the necessary documents and that the matter would be
brought to the Council at a later date.
Pastor Charles Schmidt addressed the Council providing information on the
completed Fairbury Trails Project. Schmidt inquired as to whether the
Council would like to pursue additional phases of the trail, stating he is
willing to serve on a committee to plan future trails projects. Mayor
Mueller stated this matter can be discussed at the Council planning and goal
setting session on January 9, 2007. Stanton stated he would like to see
expansion of the existing trails.
The
Council considered approval of the contract between the City and the
International Union of Operating Engineers (IUOE) Local 571. Stanton stated
many hours were dedicated to the formulation of all the bargaining unit
contracts. City Attorney Tim Noerrlinger stated the IUOE Local 571 contract
is for four years and that substantive changes made were to wages,
insurance, a separation clause, and funeral leave. Stanton made a motion to
approve the IUOE Local 571 contract. Motion seconded by Bartels. On roll
call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson
voted “yes.” Motion carried.
The
Council considered approval of the contract between the City of Fairbury and
the International Brotherhood of Electrical Workers (IBEW) Local 1536.
Noerrlinger stated changes made to the contract with the IBEW were an
adjustment of the wages for the Line Foreman position in addition to the
same changes made to the IUOE contract. Stanton made a motion to approve
the IBEW Local 1536 contract. Motion seconded by Vaughn. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Motion carried.
The
Council considered approval of the contract between the City of Fairbury and
the Communication Workers of America. Noerrlinger stated changes made to
the CWA contract include a disbandment allowance in addition to the same
changes as were in the IUOE and the IBEW contracts. Changes that are to be
made to the final version of contract are the inclusion of the City
Administrator to the composition of the Insurance Committee and a revised
Article 9, HEALTH INSURANCE section reading the same as the IUOE and IBEW
contracts. Stanton made a motion to approve the CWA contract subject to the
changes to Article 9 and the addition of the City Administrator to the
Insurance Committee. Motion seconded by Byrd. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.”
Motion carried.
The
Council considered bids received on the Council Chambers sound system.
Mayor Mueller stated three bids were received: Midwest Sound and Lighting,
$11,055.50; Choice Communications, $13,581.83; Sound Productions, Inc,
$7,815.66. Tom Russell, sound system consultant, stated he is comfortable
working with Sound Productions, Inc. James Hintz of Choice Communications
requested 48 hours to reformulate his bid at a lower cost. Noerrlinger
advised if extra time were given to one bidder, all bids would have to be
refused and the bid letting process completely redone. Mueller stated he
didn’t want the project delayed. Phillips made a motion to accept the low
bid of $7,815.66 submitted by Sound Productions, Inc. Motion seconded by
Brown. On roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, and
Polson voted “yes.” Vaughn voted “no.” Motion carried.
Bender made a motion to approve the Renewal of the Maintenance Agreement
with the Nebraska Department of Roads. Motion seconded by Bartels. On roll
call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson
voted “yes.” Motion carried.
Mayor Mueller opened bids received on the sale of a 1971 International Fire
Engine. The following three bids were received: Henry Klee, $318.14; Wing
Manufacturing, $399.99; Wheel-n-Deal Auto Sales, $666.66. Byrd made a
motion to accept the bid from Wheel-n-Deal Auto Sales in the amount of
$666.66. Motion seconded by Bartels. On roll call, Stanton, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Phillips abstained. Motion
carried.
Fire Chief Eric Voss summarized the fire occurring on November 14, 2006 at
605 6th Street. Voss provided photographs of the house showing
extensive fire damage, water damage, and dangerous conditions resulting from
the fire. Voss stated after sustaining the fire, the structure was a
serious safety concern. Therefore, the structure was torn down immediately.
Noerrlinger stated the house could be declared a nuisance if the property
owner doesn’t complete the cleanup process on his own. Fuentez stated he
was contacted by Larry McBride regarding this property and believes the
property owner has arranged to have McBride cleanup the property.
The
City’s Keep Nebraska Beautiful Membership was discussed by the Mayor and
Council. Bender stated the City participated in the Great American Cleanup
which is part of the Keep Nebraska Beautiful organization. Stanton made a
motion to approve the City’s membership at a cost of $50. Motion seconded
by Byrd. On roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown,
Vaughn, and Polson voted “yes.” Motion carried.
The
Mayor and Council discussed the LB840 Economic Development Program.
Noerrlinger stated the current status of the program in regards to grants
and loans and the City’s capacity to do future loans is in question.
Noerrlinger stated the City may amend its economic development plan after
conducting a public hearing on the matter and a ¾ majority vote of the
Council to do so, but that it cannot alter its plan as to alter its
fundamental structure, goals, or basic terms as originally set forth in its
enabling resolution. Noerrlinger stated it is to be determined as to what
changes fundamentally alter the plan. Mayor Mueller stated Resolution No.
407 included the phrase “except the creation of a loan fund.” Noerrlinger
stated his interpretation is that loans cannot be done as part of the
present economic development plan. Ferneau stated the Council should
discuss this at the January 9, 2007, goal setting session with other
officials and experts in the economic development field. Discussion ceased.
Ron
Hilligas, Manager of the Fairbury Wal-Mart, addressed the Council requesting
the 30 yard roll of containers Wal-Mart Stores uses be emptied by a Beatrice
Sanitation company due to the fact the City of Fairbury doesn’t have the
equipment necessary to empty the container. Ferneau explained that the he
would like to see an agreement in place requiring the refuse from the
Fairbury Wal-Mart to be disposed of at the Fairbury Transfer Station.
Ferneau stated regular pickup fees could be waived if the City were still to
receive the revenue from the garbage when it was dumped at the Transfer
Station. Byrd made a motion to direct the City Administrator and the City
Attorney to draft an agreement between the City and Wal-Mart Stores, Inc.,
for refuse disposal at the Transfer Station. Motion seconded by Polson.
Vaughn questioned if this would cause problems with other businesses;
Ferneau stated that this situation is unique because the City doesn’t have
the capability to empty the containers Wal-Mart uses. Discussion ceased.
On roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried.
Polson made a motion to give third reading to Ordinance No. 2952: AN
ORDINANCE CHANGING THE LAND USE CLASSIFICATION AND ZONING OF TRACTS OF LAND
LOCATED ON LOTS 7, 8, & 9 OF BLOCK 38, ORIGINAL TOWN OF FAIRBURY, JEFFERSON
COUNTY, NEBRASKA. Motion seconded by Brown. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.”
Motion carried. Byrd made a motion for final passage of Ordinance No.
2952. Motion seconded by Phillips. On roll call, Stanton, Phillips, Byrd,
Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Ferneau reported the following items: The City will be cashing a CD that is
maturing in December. There will be a tour of City facilities given on
November 29th from 3:00 p.m. to 5:00 p.m. for all new and
existing Council Members; meet at the City Offices. A Council retreat and
planning/goal setting session is scheduled for January 9, 2007, at 5:30 p.m.
at Union Bank. Sealing of the downtown sidewalks is in progress.
Discussions are occurring with the Board of Public Works regarding
electronic deposit of payroll checks beginning in April approximately;
payroll periods and paydays may need to be adjusted to accommodate
electronic deposit requirements. Negotiations continue with Aquila on the
franchise agreement.
Bender
made a motion to adjourn the meeting. Motion seconded by Vaughn.
On roll call, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Stanton voted
“no.” Motion carried. Meeting adjourned at 8:37 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
