Regular Meeting

February 19, 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 19^th day of February, 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:  Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and 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 February 5, 2008.

2.       Approval of the minutes of the special meeting of February 13, 2008.

3.       Approval of claims.

4.       Approval of the January 2008 Reconciliation Report.

Byrd made a motion to approve the Consent Agenda.  Motion seconded by Trimm.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Mayor Fry opened the public hearing concerning a Request for Special Use Permit (SUA-2007-005) from Nathan Francis for a home occupation (taxidermy) at the residence located at 2505 H Street. Assistant Street Superintendent Tim Fuentez stated that the Planning Commission had recommended approval at their meeting in February on the condition that Nathan Francis submit his site plan and chemical list – which he has since submitted.  No one spoke in favor of or in opposition to the request.  Mayor Fry declared the hearing closed.  Trimm made a motion to approve the Special Use Permit.  Motion seconded by Brown.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, Bender, and Polson voted “yes.”    Motion carried.

Mayor Fry opened the public hearing concerning the City of Fairbury, Nebraska 1 & 6 Year Street Improvement Plan for 2008-2013.  Fuentez said this is our 1 & 6 year plan that we send to the state.  Jerry Hain was also present from Olsson Associates.  Hain stated his appreciation working with Tim on the improvements and also the maintenance program. Fuentez also stated the Planning Commission recommended the maintenance of armor coating projects.  These projects will be added to the plan.  No one had any questions regarding the street improvement plan.  Mayor Fry declared the hearing closed. 

Mayor Fry opened the public hearing concerning LB840 funding for paving 24^th Street and Industrial Drive.  Dave Taladay was not present.  City Administrator Jim Ferneau reported that the Economic Development Committee had met and recommended it come before the council for approval.  It had first come up as a request from a business with concerns regarding access to their location.  They will pay half the cost of construction of the street adjacent to their property.  Estimated cost is $65.00 a square yard.  $180,000.00 estimated total project cost.  24^th Street alone – McBattas to put in about $50,000.00 and the city $137,280.00.   The $137,280.00 was committed to do paving of some portion of these two streets. If other businesses contributed they then could extend the project to Industrial Drive.  No one spoke in favor of or in opposition to the LB840 funding. Mayor Fry declared the hearing closed.

John Trouba of Southeast Nebraska Development District (SENDD) was not present to give his presentation to the council on the re-evaluation of the 2004 Fairbury Community Needs Assessment Study.

Kelly Danielson was present to discuss the Butler County Landfill agreement.  Danielson thanked the city for serving our community for 12+ years.  They will now haul to Milford instead of David City.  The tonnage rate will be $27.00.  The new contract will be good for five years from March 1, 2008.  They will give us a rebate of approximately $7,500.00 which they will spread out over the first ten months. The transportation charge was $225.00 and will be down to approximately $160.00 a round trip. This will be a savings of approximately $40,000.00 a year.  Ferneau stated the Finance Committee did accept the agreement subject to the changes by the city attorney.  City Attorney Tobias Tempelmeyer stated that everything was pretty much agreed upon except for some minor details and the assignment clause of the agreement.  Byrd made a motion to approve the agreement subject to hammering out the last couple details and to the final approval by the City Attorney.  Motion seconded by Bender.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Trimm made a motion to grant authorization to Mayor Fry to sign the 2008 Loan Agreement with the National Museum of the United States Air Force for the aircraft on display at the Fairbury Airport.  Motion seconded by Brown.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Sergeant Douglas Klaumann was present to discuss the Fairbury Police Department Standard Operating Guides for the Reserve Program.  It was already presented to Tempelmeyer and the Public Safety Committee.  They have two reserve officers but would like to expand to offset some shortages they have in the department.  Ferneau stated there is no cost to the city for the training.  We do provide uniforms.  To be part of the reserve program – they have to come before the safety committee and the council to get the sponsorship before they go for training.  Trimm made a motion to approve the Fairbury Police Department Standard Operating Guides for the Reserve Program.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Sergeant Douglas Klaumann was present to discuss the Fairbury Police Department Standard Operating Procedure for the Electronic Control Devices.  It was already presented to Tempelmeyer and the Public Safety Committee.  An officer has been to instructor training school which the instructor suggested that we no longer use the term taser as it is a brand name.  In the original standard operating procedure we had used the term taser.  Brown made a motion to approve the Fairbury Police Department Standard Operating Procedure for the Electronic Control Devices.  Motion seconded by Trimm.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

Fire Chief Eric Voss presented the 2007 Annual Fire Department Report.

Polson made a motion to adopt Resolution No. 680 adopting the 2008 and 2013 One and Six Year Street Improvement Plan, subject to the addition of armor coating projects as recommended by the Planning Commission.  Motion seconded by Friesen.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”  Motion carried.

No action was taken on Resolution No. 681 approving the LB840 funding for paving 24^th Street and Industrial Drive. Tempelmeyer recommended holding off taking action on this resolution so he can speak to McBattas to enter into an agreement first to work out the details.

Mayor Fry read by title Ordinance No. 2972:  AN ORDINANCE TO ADD DIVISION ENTITLED “TELECOMMUNICATION OCCUPATION TAX” AND SECTIONS 110.08, 110.09, 110.10, 110.11, 110.12, 110.13, 110.14, and 110.15 OF THE FAIRBURY CITY CODE, TO REPEAL CONFLICTING ORDINANCES; AND TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM AND FOR AN EFFECTIVE DATE OF THIS ORDINANCE.  Nelson made a motion to give second reading to                                   Ordinance No. 2972.  Motion seconded by Trimm.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”    Motion carried.

Ferneau reported that tomorrow, Wednesday, February 20, 2008, is the meeting for the Public Works Committee that is looking at the engineering RFQ’s at 6:00 p.m.  This involves Schacht, Bender, Nelson and Byrd.

Polson made a motion to enter into closed session for the purpose of discussing pending litigation, designating individuals to remain as Mayor Fry; Council Members Brown, Byrd, Friesen, Trimm, Nelson, Bender, Schacht, and Polson; City Attorney Tobias Tempelmeyer; City Administrator Jim Ferneau; and City Clerks Tami Dandliker and Sharyl Preston.  Motion seconded by Trimm.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”   Motion carried.  Mayor Fry restated the subject matter to be discussed would be limited to pending litigation and announced the time to be 8:29 p.m.

Byrd made a motion to enter into open session at 8:48 p.m.  Motion seconded by Polson.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”   Motion carried.  Mayor Fry stated the subject matter discussed while in closed session was pending litigation.  No action was taken.

Bender made a motion to adjourn the meeting.  Motion seconded by Byrd.  On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.”   Motion carried.  Meeting adjourned at 8:49 p.m.