Regular Meeting
December 4, 2007
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 4th
day of December, 2007, at 7:30 p.m. Councilman Chad Nelson 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: Brown, Byrd, Trimm,
Nelson, Bender, Fry, and Polson.
Nominations for City Council President were opened. Polson made a motion to
nominate Fry as Council President. Motion seconded by Trimm. Nominations
ceased. On roll call, Brown, Byrd, Trimm, Nelson, and Polson voted “yes.”
Bender voted “no.” Fry abstained. Motion carried.
Due to
the vacancy in the office of Mayor, Fry immediately became Mayor of the City
of Fairbury and was sworn into office by City Attorney Tobias Tempelmeyer,
who administered the Oath of Office to Fry. Fry made a statement regarding
the professional conduct expected of those in attendance at Council
meetings.
Nominations for City Council President were opened. Trimm made a motion to
nominate Brown as Council President. Motion seconded by Nelson.
Nominations ceased. On role call, Brown, Byrd, Trimm, Nelson, and Polson
voted “yes.” Bender voted “no.” Motion carried.
Fry
read a statement regarding the submittal of written requests for future
agenda items. City Administrator Jim Ferneau stated the change to the
agenda was recommended by the Nebraska League of Municipalities as a way to
eliminate discussion of items not on the agenda, to deal with citizen issues
and concerns in the most effective way, and to provide for the creation of a
written record of items requested to be placed on the agenda.
Mayor
Fry read the Consent Agenda: (1) Approval of the minutes of the regular
meeting of November 6, 2007. (2) Approval of the minutes of the regular
meeting of November 20, 2007. (3) Approval of claims retroactive to
November 20, 2007. (4) Approval of claims for December 4, 2007. (5)
Approval of the October 2007 Reconciliation Report. (6) Approval of the
reappointment of Larry Naiman, Tim Fuentez, and Pam Schroeder to the Tree
Board, terms to expire January 2009. (7) Approval of the appointment of
Mick Hynek to the Tree Board, term to expire January 2009. (8) Approval of
the appointment of Paul Schramm to the Airport Authority Board, term to
expire December 2008. Bender requested Item (3) be voted on separately.
Trimm made a motion to approve the Consent Agenda with the exception of item
(3). Motion seconded by Brown. On roll call, Brown, Byrd, Trimm, Nelson,
Bender, and Polson voted “yes.” Motion carried.
Nelson
made a motion to approve claims retroactive to November 20, 2007. Motion
seconded by Byrd. On roll call, Brown, Byrd, Trimm, Nelson, and Polson
voted “yes.” Bender voted “no.” Motion carried.
Trimm
made a motion to set the public hearing concerning an Economic Development
funding application submitted by Attitudes Apparel and the review/final
obligation of funding said application for December 18, 2007 at 7:30 p.m.
Motion seconded by Brown. On roll call, Brown, Byrd, Trimm, Nelson, Bender,
and Polson voted “yes.” Motion carried.
Bender
made a motion to set a public hearing to re-evaluate the 2004 Fairbury
Community Needs Assessment Study and to identify new community issues to be
addressed within the assessment for December 11, 2007 at 7:00 p.m. Motion
seconded by Trimm. On roll call, Brown, Byrd, Trimm, Nelson, Bender, and
Polson voted “yes.” Motion carried.
Brown
made a motion to reschedule the public hearing concerning an Application for
a Change of Land Use Classification (CLZ-2007-002) as submitted by Richard
D. Allen for a 13.17’ extension of existing B3 – Highway Commercial zoning
district for December 18, 2007 at 7:30 p.m. Motion seconded by Trimm. On
roll call, Brown, Byrd, Trimm, Nelson, Bender, and Polson voted “yes.”
Motion carried.
Nelson
made a motion to set the public hearing concerning an Application submitted
to the Liquor Control Commission by Paul I. Juhl, dba Tooley’s Lounge, for a
Catering License for December 18, 2007 at 7:30 p.m. Motion seconded by
Bender. On roll call, Brown, Byrd, Trimm, Nelson, Bender, and Polson voted
“yes.” Motion carried.
Dave
Taladay of the Southeast Nebraska Development District (SENDD),
Administrator of the City’s Economic Development plan, presented the
Economic Development Review Committee’s recommendation on a request from
Attitudes Apparel, Cheryl Schroeder owner, for a performance-based grant of
$13,000 of LB840 funds for the purpose of installing a new HVAC system.
Taladay stated the request fits into the City’s Economic Development Plan
for funding in that it is a small retail business, that Schroeder plans to
possibly create 1 FTE position in the near future, that the request involves
the rehabilitation of an existing downtown building, and that local
contractors will be used in the installation of the new system.
Ferneau
stated the City’s interim contract with Tobias Tempelmeyer expired November
30, 2007 and that a new agreement is before the Council for consideration.
According to Ferneau, the new agreement runs through the end of 2008 and is
similar to the contract the City had with Ron Schwab for City Attorney
services. Byrd made a motion to approve a contract with Tobias Tempelmeyer
for City Attorney services. Motion seconded by Trimm. On roll call, Brown,
Byrd, Trimm, Nelson, Bender, and Polson voted “yes.” Motion carried.
Byrd
made a motion to issue a Request for Qualifications (RFQ) for a City
Engineer. Motion seconded by Nelson. On roll call, Brown, Byrd, Trimm,
Nelson, Bender, and Polson voted “yes.” Motion carried.
The
current status of the Fire Department snorkel truck was discussed. Fire
Chief Eric Voss stated the snorkel truck has been placed out of service due
to lost hydraulics and failure to pass pump tests. Voss stated continued
use of the snorkel truck presents a liability risk. Ferneau stated the Fire
Dept would like to replace the snorkel truck with a ladder truck which is 10
years old or newer at an approximate cost of $265,000. Fry asked what the
cost of a new truck would be; Ferneau replied that a new truck is estimated
at $700,000. Ferneau stated the Fire Equipment fund will have about
$100,000 by June of 2008 and that there is also $50,000 in the contingency
fund which could be used. Ferneau stated if the City were approved for a
Community Development Block Grant (CDBG) to fund 50% of the purchase,
funding would occur possibly in June 2008. Phyllis Wasserman of the
Fairbury Housing Authority expressed concern with the lack of an available
snorkel or ladder truck, considering all the multi-level apartment complexes
within the community. Ferneau stated the Council could authorize Voss to go
out on the open market and look for a truck with minimum specifications and
an “up-to” amount, but that if the City could hold off a few months for
potential CDBG funding, it would be better off in the long run. Voss stated
Beatrice and Concordia departments are both aware of Fairbury’s situation
and are prepared to respond to calls should they arise.
Ferneau
stated the City Office has been testing out a copy machine from Eakes, which
the Board of Public Works (BOPW) has approved paying half the purchase
cost. Bender made a motion to approve a request for permission to purchase
a copy machine from Eakes at a cost of $11,431 for the City Office
building. Motion seconded by Byrd. On roll call, Brown, Byrd, Trimm,
Nelson, Bender, and Polson voted “yes.” Motion carried.
Bender
made a motion to approve the Renewal of Maintenance Agreement between the
City of Fairbury and the Nebraska Department of Roads. Motion seconded by
Byrd. On roll call, Brown, Byrd, Trimm, Nelson, Bender, and Polson voted
“yes.” Motion carried.
The
Council considered an Interlocal Agreement with Jefferson County for
maintenance of a K-9 Unit. Ferneau stated the City paid the County for 2005
and 2006 per an open-ended Council motion passed in 2004 and that this
agreement provides parameters for support of the program in the form of a
two year agreement at a rate of $500 per year. Brown made a motion to
approve the Interlocal Agreement with Jefferson County for maintenance of a
K-9 Unit. Motion seconded by Trimm. On roll call, Brown, Byrd, Trimm,
Nelson, Bender, and Polson voted “yes.” Motion carried.
Superintendent of Utilities Michael Beachler requested permission to
purchase two used pickup trucks for the Light and Water Department, one from
C & O Ford and one from Wheel-N-Deal Auto Sales. Beachler stated one truck
would be used for a service truck and one would be used for meter reading.
Beachler informed the Council that the BOPW has approved the request.
Bender made a motion to approve the purchase of both vehicles. Motion
seconded by Byrd. On roll call, Brown, Byrd, Trimm, Nelson, Bender, and
Polson voted “yes.” Motion carried.
Ferneau
informed the Council on future meetings to develop City Council goals.
Ferneau stated the Council will need to discuss its goals after filling
Council vacancies and holding the Community Needs Assessment public
hearing. Ferneau concluded by stating a goal setting meeting would most
likely occur in January or February of the upcoming year.
Mayor
Fry read by title Resolution No. 675 designating the Economic Development
Review Committee to review current plan for administering LB840 Economic
Development funds and bring any recommendations they may have to the City
Council. Trimm made a motion to adopt Resolution No. 675. Motion seconded
by Polson. On roll call, Brown, Byrd, Trimm, Nelson, Bender, and Polson
voted “yes.” Motion carried.
Mayor
Fry read by title Resolution No. 676 prohibiting parking on the East side of
A Street between 8th Street and 14th Street and making
A Street a through street from 8th Street to 14th
Street. Byrd made a motion to adopt Resolution No. 676. Motion seconded by
Polson. On roll call, Brown, Byrd, Trimm, Nelson, Bender, and Polson voted
“yes.” Motion carried.
Byrd
made a motion to adjourn the meeting. Motion seconded by Bender. On roll
call, Brown, Byrd, Trimm, Nelson, Bender, and Polson voted “yes.” Motion
carried. Meeting adjourned at 8:24 p.m.
LaVeda L. Fry, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
