Regular Meeting

February 20, 2007

The Mayor and Council of the City of Fairbury met in regular session in the Council Chambers, 612 D Street, Fairbury, Nebraska, on the 20^th day of February, 2007, 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.

Roll call found the following Council Members present:  Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson.

Mayor Mueller read the Consent Agenda.  (1) Approval of the minutes of the regular meeting of February 6, 2007.  (2)  Approval of claims.  (3) Approval of the January 2007 Reconciliation Report.  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.

Phillips made a motion to set the public hearing concerning an application for a Special Use Permit (SUA-2007-001) from Kathryn Graham to operate a home occupation (a one-person beauty shop) at 701 F Street for March 6, 2007, at 7:30 p.m.  Motion seconded by Nelson.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Mayor Mueller opened the public hearing concerning the One & Six Year Street Improvement Plan for 2007 and 2012.  Assistant Street Superintendent Tim Fuentez state the Planning Commission held its hearing concerning this matter on January 29, 2007, at which time the Commission recommended the Council approve the plan as submitted.  Nelson asked if the plan was realistic; Fuentez stated that the one-block projects within the plan could be done using gap paving but that other projects are larger and would require substantial study and financing.  Fuentez also stated the Planning Commission feels that paving on North H Street is a top priority.  No one else spoke either in favor of or in opposition to the plan.  Mayor Mueller declared the hearing closed.

Mayor Mueller opened the public hearing concerning an application for a Class C Liquor License as submitted by Rod Schoenrock, dba Rowdy’s Steakhouse.  No one spoke either in favor of or in opposition to the matter.  Mayor Mueller declared the hearing closed.  Byrd made a motion to recommend to the State of Nebraska Liquor Control Commission that the application be approved.  Motion seconded by Trimm.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Bender made a motion to grant authorization to Mayor Mueller to sign the 2007 Loan Agreement with the National Museum of the United States Air Force for the aircraft on display at the Fairbury Airport.  Motion seconded by Nelson.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

The Council considered a Request to Place Buried Communication Cable on Public Right-of-Way Within Corporate Limits of Fairbury as submitted by Windstream Communications.  Byrd stated he would abstain from voting on any action due to the fact that Windstream is his employer.  City Attorney Tim Noerrlinger advised this agreement gives Windsteam limited access for this particular project only.  Nelson questioned the wording in the agreement regarding Windstream’s replacement of any torn up surfaces; Noerrlinger stated that surface replacement would be subject to the Street Superintendent’s approval and that if not done correctly, the City would have legal recourse.  Trimm made a motion to approve Windstream’s Request to Place Buried Communication Cable on Public Right-of-Way.  Motion seconded by Nelson.  On roll call, Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Byrd abstained.  Motion carried.

Officer-in-Charge Doug Klaumann and Lieutenant Wade Vernon presented the 2006 Annual Police Department Report.

Fire Chief Eric Voss presented the 2006 Annual Fire Department Report.

City Administrator Jim Ferneau provided the Mayor and Council with a list of Goals for the City of Fairbury.  Ferneau informed the Council that this list was compiled based on the discussion occurring at the previous Council meeting.  Mayor Mueller stated that many of the goals on the list would not impact the City’s budget much.  Fry made a motion to officially adopt the list as the City of Fairbury 2007 Annual Goals.  Motion seconded by Nelson.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

The Council discussed alternative means to a balanced budget.  Ferneau provided Council with departmental budget sheets.  Ferneau stated revenues for the next four years would remain relatively flat, with a 1% growth per year projected for property tax revenues.  Ferneau informed the Council that wages and benefits increase 3.5% and 8% per year respectively.  Ferneau detailed cuts already made to the budget and provided Council with a list of items to possibly eliminate from the budget.  Ferneau informed the Council of his thoughts regarding personnel cuts and what positions could and could not be eliminated.  Ferneau advised the Council that they need to act quickly because lives are being affected and people need to know what is going to happen.  No action was taken.

Ferneau informed the Council that the Police Department is still operating under an Officer-in-Charge and that no chief has been appointed yet.  Ferneau stated administration doesn’t want to do anything with the chief position until the Council is certain what route will be pursued with respect to the Police Department.

The Council considered Resolution No. 650 requesting a proposal for membership in the League Association of Risk Management (LARM) Self-Insurance Pool.  Ferneau stated insurance renewals come up as of May 1 and that the City needs to go out for bids; LARM could be an alternative to consider.  Noerrlinger advised LARM is governed by state statutes and that once you become a part of the pool, there may be other costs associated.  Nelson made a motion to adopt Resolution No. 650.  Motion seconded by Phillips.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Trimm made a motion to adopt Resolution No. 651 adopting the 2007 and 2012 One and Six Year Street Improvement Plan.  Motion seconded by Byrd.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Mayor Mueller announced that a special meeting for negotiation of a Memorandum of Understanding with Fairbury Steaks needed to be scheduled.  Byrd made a motion to set the special council meeting for March 1, 2007 at 7:00 p.m.  Motion seconded by Trimm.  On roll call, Brown, Phillips, Byrd, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson abstained.  Motion carried.

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 9:39 p.m.

                                                                                                 E. M. Mueller, Mayor

ATTEST:

     Tami Arnold, City Clerk