Regular Meeting, March 20, 2007

 The Mayor and Council of the City of Fairbury met in the regular session in the Community Building in the City Park, Fairbury, Nebraska, on the 20^th day of March 2007 at 7:30 p.m.  Mayor Mueller called the meeting to order. 

Notice of the 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 Meeting Act is posted in the meeting room as required by law. 

Roll call found the following council members present.  Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson.  Absent: Byrd. 

Mayor Mueller read the consent agenda (1) Approval of the minutes of the Regular Meeting of March 6, 2007.  (2)  Approval of the minutes of the Special Meeting of March 13, 2007.  (3)  Approval of claims.  (4)  Approval of the February 2007 Reconciliation Report. Councilman Nelson requested a correction be made in the minutes of the March 6, 2007 meeting.  (A motion to accept the low bid from JB Manufacturing in the amount of $12,100.00)  Corrected amount should be $10,100.00.  Nelson made a motion to approve the Consent Agenda.  Motion seconded by Phillips.  On roll call Phillips, Trimm, Nelson, Bender, Fry, Polson, and Brown voted “yes.”  Byrd absent.  Motion carried. 

Polson made a motion to approve the appointment of Mike Steele to the Reuse Committee.  Motion seconded by Trimm.  On roll call Trimm, Nelson, Bender, Fry, Polson, Brown, Phillips voted “yes.”  Byrd absent.  Motion carried. 

No action taken on the agreement between the City of Fairbury and the Board of Public Works for fire hydrant testing and maintenance. 

Bender made a motion to have the City Wide Clean Up April 23-27, 2007 and the Hazardous Waste Collection on April 27, 2007 at 3^rd and Frederick Street.  Motion seconded by Fry.  On roll call Nelson, Bender, Fry, Polson, Brown, Phillips, Trimm voted “yes.”  Byrd absent.  Motion carried. 

Mayor Mueller stated that the City was considering entering into an agreement with Terracon Consulting Enginners and Scientists for engineering services for final closeout of the Fairbury Landfill.  City Administrator Ferneau spoke on the cost and closing out of the landfill.  The cost in the contract was $2400.00.  Terracon and the city felt that this could be done thru phone consultation with the DEQ which would make the cost lower. Terracon has worked with us on well monitoring over the last fifteen years.  The annual cost amounted to $l0,000.00 to $l3,000.00 a year.  Phillips made a motion to go into the agreement with Terracon for the final close out for the landfill.  Motion seconded by Bender.  On roll call Bender, Fry, Polson, Brown, Phillips, Trimm and Nelson voted “yes.”  Byrd absent.  Motion carried.

 Discussion was held on paving 24^th Street in the Industrial Park and possible request for LB 840 funds.  City Administrator Ferneau spoke on paving 24^th  stating a business that would be willing to pay part of this project.  The budget is not written for this amount of infrastructure at this time. Councilman Nelson noted that a portion of this is paved already.  Ass’t St. Supt. Fuentez stated that 22 ft. of the width is paved currently. It was recommended  that the street be widened to 32 ft. to accommodate truck traffic and would need to address curb, gutter, and storm water improvements at the same time. Attorney Noerrlinger said that 24^th St. could use LB 840 funding but “H” Street couldn’t.  “H” Street is on the One & Six Year Plan.  No action was taken. 

Discussion was held on eliminations from the Park and St. & Alley Departments from the four year budget process.  City Administrator Ferneau listed the items in the St. Dept. that could be eliminated.  The l985 dump truck, the l985 loader, the used roller, and the l995 pickup truck.  The two street projects on “H” St. and 27^th Street.  Councilperson Bender questioned if the City and County Commissions could get together and do interlocal trade on different projects with machinery.  Nelson made a motion to accept the St. & Alley Dept. equipment elimination from the four year plan including the 1985 dump truck, the 1985 loader, the used roller, and the l995 pickup. Seconded by Fry.  On roll call Polson, Brown, Phillips, Trimm, Nelson, Bender, and Fry.  Byrd absent.  Motion carried. 

City Administrator Ferneau listed the items in the Park Dept. for eliminations from the four year budget process. Replacing the stump cutter and the 1990 pickup could be eliminated. Repairing the fountain in McNish, purchasing playground equipment in McNish, and replacing the piping in the in the pump house at the swimming pool could be done with keno funds.  Nelson made a motion to eliminate the stump cutter and the 1990 chevy pickup and to approve paying for the fountain repair in McNish, the playground equipment at McNish, and replacing the piping in the pump house at the swimming pool. Motion seconded by Phillips.   Councilman Trimm questioned the use of Keno Funds.  Attorney Noerrlinger stated that Keno Funds is a public works expenditure.   Councilperson Bender asked if the Keno funds could be used at the Community Building replacement for the sewer.   Councilman Trimm felt the swim pool is a necessity and the fountain and the playground equipment isn’t.  He felt the $38,000.00 could be used elsewhere.  Councilman Nelson stated he would like to amend his motion.  Councilman Nelson amended his motion to be to eliminate the stump cutter purchase, the l990 chevy pickup replacement, and the purchase of playground equipment for McNish Park, and approve spending keno funds for fountain repair at McNish Park, replacing pipping in the pump house at the swimming pool, and replacing the existing sewer in the Community Building. Amended motion seconded by Phillips.  On roll call Polson, Brown, Phillips, Trimm, Nelson, Bender, and Fry voted “yes.” Byrd absent.  Motion carried.

 Discussion was held on the elimination of city hall improvement from the four year budget process.  Nelson made a motion to eliminate city hall improvements for $20,000.00 for the four year budget leaving in the computers and copy machine.  Motion seconded by Fry.  On roll call Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson.  Byrd absent.  Motion carried. 

Discussion was held on the elimination of the Library remodel from the four year budget process.  Bender made a motion to eliminate $100,000.00 out of the library budget for the remodeling.  Motion seconded by Trimm.  On roll call Phillips, Trimm, Nelson, Bender, Fry, Polson, and Brown.  Byrd absent.  Motion carried. 

Decision was held to eliminate the Fire Department building expansion from the four year budget process.  Bender made a motion to eliminate $250,000.00 out of general obligation dollars from the fire department building expansion for the four year budget.  Council Brown said the Public Safety Committee met and discussed the eliminating the building.  They felt the ladder truck could be housed in the rural side.  Motion seconded by Nelson.  On roll call Trimm, Nelson, Bender, Fry, Polson, Brown, and Phillips, voted “yes.”  Byrd absent.  Motion carried. 

Decision was held on the replacement vehicle in the fire department in the four year budget process.  Bender made a motion for the elimination of a $55,000.00 line item expenditure in the four year budget replacement in the fire department for the snokel vehicle. Motion seconded by Nelson.  On roll call Trimm, Nelson, Bender, Fry, Polson, Brown, Phillips voted “yes.”  Byrd absent.  Motion carried. 

City Administrator stated he would like to work with the numbers on the elimination of capital equipment and expenditures before other budget alternatives were discussed.  He had received a number from the assessor on the valuation from Wal-Mart and can adjust the property tax numbers and sales tax numbers before personnel was discussed. 

Trimm made a motion to adopt Resolution No. 653. The City of Fairbury will provide for the creation of a handicapped parking stall on the 400 block of E Street .  Motion seconded by Nelson.  On roll call, Bender, Fry, Polson, Brown, Phillips, Trimm, and Nelson voted “yes.”  Byrd absent.  Motion carried. 

Mayor Mueller read by title Ordinance No. 2956:  AN ORDINANCE OF THE CITY OF FAIRBURY, NEBRASKA PERTAINING TO BUSINESS REGULATIONS; GAS DISTRIBUTION COMPANIES; TAX; TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR A TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.  Bender made a motion to give Ord. No. 2956 seconded reading.  Motion seconded by Trimm.  Councilperson Nelson’s concern was that in this ordinance Aquila may have the possibility of not paying the franchise fee for the use of our right-of-ways.  On roll call Fry, Polson, Brown, Trimm, Bender, voted “yes.”  Phillips and Nelson voted “no.” Byrd absent.  Motion carried. 

Mayor Mueller read by title Ordinance No. 2957:  AN ORDINANCE GRANTING AQUILA, INC. D/B/A  AQUILA NETWORKS, A  DELAWARE CORPORATION, ITS LESSEES, SUCCESSORS, AND ASSIGNS, A NONEXCLUSIVE FRANCHISE, RIGHT AND PRIVILEDGE FOR A PERIOD OF FIFTEEN (15) YEARS TO ERECT, MAINTAIN AND OPERATE A GAS PLANT AND GAS DISTRIBUTION SYSTEM AND ANY AND ALL NECESSARY PIPES, MAINS, SERVICES, AND OTHER APPLIANCES THEREUNTO APPERTAINING, IN, UPON, OVER, ACROSS AND ALONG THE STREETS ALLEYS, BRIDGES AND PUBLIC PLACES OF THE CITY OF FAIRBURY, NEBRASKA, AS THE SAME NOW ARE OR MAY HEREAFTER BE EXTENDED, FOR THE MANUFACTURE, TRANSMISSION, DISTRIBUTION AND SALE OF GAS, WHETHER ARTIFICIAL, NATURAL OR OTHERWISE, FOR COOKING, HEATING, INDUSTRIAL, AND ALL OTHER USES AND PURPOSES IN SAID CITY AND PRESCRIBING THE TERMS AND CONDITIONS UNDER WHICH THE SAID COMPANY IS TO OPERATE.  Trimm made a motion to give Ord. No. 2957 2^nd reading.  Motion seconded by Bender.  Trimm questioned the term non- franchise.  Mr. Schwartz from Aquila spoke and explained you can have a marketer to come in and sell gas packages to customers and Aquila then delivers it.  Aquila doesn’t make anything from this.  On roll call Polson, Brown, Trimm, Bender, Fry voted “yes.”  Phillips and Nelson voted “no.”  Byrd absent.  Motion carried. 

 Bender made a motion to adjourn the meeting.  Motion seconded by Nelson.  On roll call Brown, Phillips, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”   Byrd absent. Motion carried.  Meeting adjourned at 8:22 p.m.