Regular Meeting
December 5, 2006
Regular Meeting
December 5, 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 5th
day of December, 2006, at 7:30 p.m. Mayor E.M. Mueller 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 is posted in the
Council Chambers as required by law.
Mayor
Mueller administered the Oath of Office to new Council Members Don Trimm,
LaVeda Fry, and Chad Nelson.
Roll
call found the following Council Members present: Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson. Absent: none.
Mayor Mueller
called for nominations for the office of City Council President. Brown
nominated George Phillips. Fry made a motion for nominations to cease.
Motion seconded by Polson. On roll call, Brown, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Phillips abstained. Motion carried.
Nelson made a motion to approve the nomination of George Phillips as Council
President. Motion seconded by Polson. On roll call, Brown, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Phillips abstained. Motion
carried.
Mayor Mueller
asked for a motion to adjourn sine die to move the meeting to the Community
Building to accommodate the large number of citizens in attendance. Brown
made a motion to adjourn and reconvene immediately at the Community
Building. Motion seconded by Byrd. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Meeting was moved to the Community Building in the City Park. A copy of the
Open Meetings Act was posted on the wall where the meeting was held and
copies of all information on agenda items were on display for public
inspection. Byrd made a motion to reconvene at 7:50 p.m. Motion seconded
by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry,
and Polson voted “yes.” Motion carried.
Connie Schwartz addressed the Council as a citizen with business
not scheduled on the agenda to ask questions about the non-reappointment of
Rick Carmichael as Chief of Police. City Attorney Tim Noerrlinger advised
Schwartz that Carmichael has right to request a hearing on the matter at
which time public input would be accepted. Schwartz thanked Council Members
for taking the time to address her concerns about the matter of the Police
Chief.
Mayor Mueller
read the Consent Agenda. (1) Approval of the minutes of the regular meeting
of November 21, 2006. (2) Approval of claims. Byrd made a motion to
approve the Consent Agenda. Motion seconded by Phillips. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Mayor Mueller
opened the Public Hearing concerning the 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. Assistant Street
Superintendent Tim Fuentez stated the Planning Commission met November 13th
at which time they reviewed and approved the Final Plat of the Wal-Mart 1st
Subdivision. Fuentez stated the Planning Commission recommends the Council
approve it as well. No one else spoke either in favor of or in opposition
to the matter. Mayor Mueller declared the hearing closed. Trimm made a
motion to approve the Final Plat of the Wal-Mart 1st
Subdivision. Motion seconded by Byrd. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
The
Council reviewed quotes received on the preparation of necessary Section 125
Premium and Health Savings Account Plan Documents. Quotes received were as
follows: First Concord, $300; Principal, $400; RCI, $500. Byrd made a
motion to approve First Concord to prepare Section 125 Plan Documents at a
cost of $300. Motion seconded by Nelson. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Ferneau provided information to the Council on various banks to consider as
depositories for employee Health Savings Account funds. Information was
presented on West Gate, Pinnacle, Cattle National, and US Bank. Ferneau
recommended approving either West Gate or Pinnacle because they offer the
lowest fees of the banks being considered. Polson made a motion to approve
Pinnacle Bank as a depository in which employees may hold Health Savings
Accounts. Motion seconded by Fry. On roll call, Brown, Phillips, Byrd,
Trimm, Bender, Fry, and Polson voted “yes.” Nelson abstained. Motion
carried.
Correspondence received from Zeilinger Keno regarding the removal of keno
equipment from the Lizard Lounge was discussed. In the letter, Zeilinger
expressed a desire to find an alternative keno outlet within the city. No
action was taken.
The
Council considered two versions of a Memorandum of Understanding with
Fairbury Steaks for a grant of $300,000 of LB840 funds. Noerrlinger
explained that one version is as proposed by the City and one is as proposed
by Fairbury Steaks. The City is requesting Fairbury Steaks wage for created
positions be at a minimum of $8.50 per hour, whereas Fairbury Steaks wants
to set the minimum at $6.50 per hour. The City’s version states 20 full
time equivalent positions shall be created as opposed to the 18 FTE
positions in the Fairbury Steaks version. The City is also asking health
insurance be provided to employees. Fairbury Steaks wants to receive the
funds in the form on a one-time lump sum payment whereas the City desires
funds be dispersed on a reimbursement basis with claw-back provisions for
default of terms of the agreement. The City is requesting collateralization
of the grant and that Fairbury Steaks secure the remaining $600,000 in funds
necessary to complete the entire expansion plan. Ferneau advised there is
also a clause in the City’s version about Fairbury Steaks taking no further
legal action against the City for other grants and/or loans previously given
under the LB840 program. Dennis Brown addressed the Council stating he has
agreed to 2080 hours for each FTE position, but that he did not want to
collateralize the grant or take out a loan for the other $600,000. Dennis
Brown also stated his business is being compared with Lambriar Animal Health
Care for purposes of developing the MOU and that that is not a fair
assessment due to the fact that there are different pay scales for different
types of work. Nelson stated these details need to be negotiated with
Fairbury Steaks. Ferneau stated that this matter will set a precedent for
how future economic development funds are managed. Noerrlinger advised the
City needs to show positive gains towards economic development if it hopes
to have the program renewed by the voters of the municipality. Fry stated
she is in favor of Fairbury Steaks receiving the money, but that
stipulations for how to manage and disperse the funds appropriately must be
determined. Noerrlinger suggested a special committee be created to
negotiate the terms of the MOU with Fairbury Steaks. The Mayor stated the
formulation of a special committee to negotiate with Fairbury Steaks would
be appropriate. Byrd stated he would like to be appointed to the
committee. Nelson made a motion to table this item until the next regular
meeting and direct the City Attorney to draft a resolution creating a
special committee to negotiate details of the MOU with Fairbury Steaks.
Motion seconded by Fry. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
An
agreement with Wal-Mart Stores, Inc., for garbage disposal was considered.
Noerrlinger stated the agreement allows Wal-Mart to hire a private company
to haul waste from their property to the Transfer Station and requires that
waste removed from their property is hauled to the Fairbury Transfer Station
where Wal-Mart will pay a fee of $46.80 per ton. Noerrlinger advised the
agreement should possibly be amended to state that if in the future the City
of Fairbury is capable of emptying Wal-Mart’s containers, the City will have
the right to start picking up the waste. Bender made a motion to approve
the agreement with Wal-Mart with changes as suggested by Noerrlinger thus
allowing the City to have the right to pick up the garbage if capable of
doing so. Motion seconded by Phillips. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Fire Chief Eric Voss requested permission to apply for a grant for a Fire
Prevention All-Hazards Trailer. Voss stated the trailer would be used by
the Mutual Aid Organization that Fairbury is a part of. The trailer would
be used to simulate fires and various other natural hazards for the purpose
of practicing emergency drills. Voss also informed the Council that because
Fairbury is making the grant application, they would be in charge of the
trailer and the schedule for loaning it to other communities. Bender made a
motion to give permission to Voss to apply for the grant. Motion seconded
by Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry,
and Polson voted “yes.” Motion carried.
Ferneau informed the Council that Change Order Number 2 to the contract with
General Excavating for Downtown Improvements did not need to be addressed
until the next meeting on December 19, 2006. No action was taken.
The
approval of Eric Voss as a Reserve Police Officer was considered. Ferneau
stated that in order for the Fire Department to receive a fire canine, Voss
would need to have arrest authority and be able to carry a firearm to
protect the dog as required by terms of the grant. Bender asked if
compensation would be required. Byrd stated reserve sheriff’s deputies are
paid $1 per year. Noerrlinger stated an agreement similar to that which
Jefferson County has in place could be drafted for approval. Trimm made a
motion to approve the appointment of Eric Voss as a Reserve Police Officer.
Motion seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Noerrlinger addressed the Council prior to the Mayor’s announcement of
individuals being selected for appointed positions. Noerrlinger advised the
Mayor has the discretion to make appointments and remove any official from
office under §17-107. The Council approves the Mayor’s appointments.
Noerrlinger stated one caveat is that law enforcement officers are entitled
to a public or private hearing to present evidence as to why he/she should
be retained in office. After such hearing the Council can reverse, modify,
or uphold the Mayor’s decision. Noerrlinger stated the time for public
input and comment would be at such hearing. The Mayor asked the Council to
approve the following appointments:
City
Attorney....................................................................
Timothy Noerrlinger
Deputy City
Attorney....................................................... Linda Bauer
City
Administrator............................................................
James Ferneau
City
Clerk/Treasurer.........................................................
Tami Arnold
Street & Sanitation
Supt/Parks & Recreation Director....... Howard (Mick) Hynek
Fire
Chief..........................................................................
Eric Voss
Police
Chief......................................................................
No appointment, Vacant
Superintendent of
Utilities................................................ Michael Beachler
Plumbing
Inspector........................................................... Jeffrey
Sweetser
Building
Inspector............................................................ Eric
Voss
Electrical
Inspector........................................................... State
of Nebraska
City
Physician...................................................................
Dr. Craig Shumard
Phillips made a motion to approve the Mayor’s appointments. Motion seconded
by Trimm. Brown, Phillips, Trimm, Nelson, and Fry voted “yes.” Byrd,
Bender, and Polson voted “no.” Motion carried.
The
Council considered Resolution No. 643 providing for the creation of Standing
Committees. Noerrlinger stated Resolution No. 643 reduces the number of
standing committees from ten to five providing for greater efficiency and
less overlapping. The following Committees are created by this resolution:
Finance and Keno Committee, Personnel Committee, Public Safety Committee,
Public Works Committee, and Planning Committee. Bender made a motion to
adopt Resolution No. 643. Motion seconded by Nelson. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
The
Council considered Resolution No. 644 approving the Jefferson County Local
Emergency Operations Plan (LEOP). John McKee, Jefferson County Emergency
Management Director, stated having a LEOP in place is required for receipt
of state and federal disaster funding. Bender made a motion to adopt
Resolution No. 644. Motion seconded by Byrd. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
The
Council considered Ordinance No. 2955: AN ORDINANCE OF THE CITY OF
FAIRBURY, NEBRASKA, AMENDING THE DUTIES OF THE CITY COUNCIL PRESIDENT
MUNICIPAL CODE SECTION 30.45 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING A TIME WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT. Byrd made a motion to introduce Ordinance No. 2955 and
suspend the statutory three readings rule. Motion seconded by Brown. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried. Byrd made a motion for final passage of
Ordinance No. 2955. Motion seconded by Fry. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Muller
stated the following ordinance did not need to be addressed at this time:
Ordinance No. 2956: AN ORDINANCE OF THE CITY OF FAIRBURY, NEBRASKA,
AMENDING THE DUTIES OF THE MUNICIPAL FIRE AND POLICE CHIEFS; REPEALING
MUNICIPAL CODE SECTION 31.06 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING A TIME WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT. No action was taken.
Ferneau reported Blue Rivers Area Agency on Aging has notified the City that
it wishes to exercise the option to renew their lease of the Community
Building for five years beginning January 1, 2007. Ferneau stated that the
existing contract gives Blue Rivers the right to roll over the lease if they
elect to do so and that no further action is required by the City.
Byrd made a motion to adjourn the meeting. Motion
seconded by Trimm.
On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender,
Fry, and Polson voted “yes.” Motion carried. Meeting adjourned at 9:18
p.m.
E. M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
