Regular Meeting

March 6, 2007

The Mayor and Council of the City of Fairbury met in regular session at the Community Building in the City Park, Fairbury, Nebraska, on the 6^th day of March, 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 was posted in the meeting room as required by law.

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

Citizen Michael R. Beachler requested the alley running south from 17^th Street be repaired.  Beachler stated the alley was dug up by Aquila last fall and asked who would be responsible for repairing it.  Rick Schwartz of Aquila stated Aquila will repair anything they have disrupted and that the alley problem will be taken care of.

Mayor Mueller read the Consent Agenda.  (1)Approval of the minutes of the regular meeting of February 20, 2007.  (2)Approval of the minutes of the special meeting of February 26, 2007.  (3)Approval of the minutes of the special meeting of March 1, 2007.  (4)Approval of claims.  Byrd made a motion to approve the Consent Agenda.  Motion seconded by Trimm.  On roll call, Brown, Phillips, Byrd, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson abstained.  Motion carried.

Mayor Mueller opened the public hearing concerning an application submitted by Kathryn Graham for a Special Use Permit (SUA-2007-001) to operate a home occupation (a one-person beauty shop) at 701 F Street.  Assistant Street Superintendent Tim Fuentez stated a permit was necessary because it is a residence and this would, therefore, be a nonconforming use.  Fuentez also stated the Planning Commission held its hearing regarding this matter and has recommended council approve the application.  Byrd made a motion to approve the application submitted by Kathryn Graham for a Special Use Permit.  Motion seconded by Bender.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Fire Chief Eric Voss addressed the Council concerning a nuisance property located at 605 6^th Street and owned by Keri M. Craig.  Voss provided photos of the structure that was destroyed in a fire and stated nothing has been done by the owner to clean up the pile of rubbish remaining after the structure was knocked down.  Mayor Mueller opened the public hearing concerning the nuisance property at 605 6^th Street.  Polson asked who would have to pay for property clean-up; Noerrlinger stated if the City cleans up the property and the owner fails to pay the bill, the City can file civil action or levy a special assessment against the property.  Noerrlinger stated the owner is threatening litigation, claiming the City tore down the home without the authority to do so.  No one else spoke in regards to the matter.  Mayor Mueller declared the hearing closed.

City Administrator Jim Ferneau stated a grant for a recycling baler had been awarded from the Nebraska Environmental Trust in the amount of $9500.  Ferneau also stated the original cost estimate for the baler was $12,000 and that actual grant amount may be reduced due to the fact that bids came in lower than estimated; matching funds would be paid out of the Sanitation Fund.  Bender made a motion to approve a Grant Contract with the Nebraska Environmental Trust for the purchase of a recycling baler.  Motion seconded by Phillips.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

The Council was presented with the following two bids received on a recycling baler:  Mid-Iowa Solid Waste Equipment Co, $12,200; JB Manufacturing, $10,110.  Bender made a motion to accept the low bid from JB Manufacturing in the amount of $10,110.  Motion seconded by Trimm.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

The Computer Center, Inc. submitted a written request for a handicapped parking space to be placed on either the west or south side of the business which is located at 400 E Street.  Nelson  made a motion to approve the placement of a handicapped space on the west side of the business at 400 E Street.  Motion seconded by Byrd.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Phillips made a motion to approve the appointment of James Hintz to the Library Board, term to expire July 2010.  Motion seconded by Nelson.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

Discussion of budget reduction measures including personnel, expenses, and capital improvements was conducted.  Mayor Mueller stated each individual public comment would be limited to three minutes.  Ferneau referenced four-year budgets that were previously developed by himself and department heads which detail revenues and expenditures, stating these budgets put the City at a balance of -$2.7 million at the end of the next four years.  Ferneau stated the City has to have proper equipment for departments to operate and also needs to put money into capital projects, but the City is in a position where it cannot financially do everything.  Ferneau stated each department has things they feel are needed for this community and that each Council Member will have a different opinion as to what budget cuts means to them, but that the Council needs to decide as a group what they are going to do about the City’s financial situation.  The following budgetary items were discussed:

• Elimination of the reserve expenditure fund
• Elimination of the City Administrator position
• Fund ½ of the City Administrator’s salary with Board of Public Works funds
• Combine city office staffing
• Eliminate Library remodeling
• Eliminate 2 Assistant Fire Chief positions
• Eliminate Fire Chief position
• Eliminate Assistant Street Superintendent position
• Eliminate City Museum/combine with county train museum
• Eliminate Fire Department capital projects
• Eliminate one Police Officer position
• Eliminate Police Secretary/Reserve Officer position
• Contracting with Jefferson County Sheriff’s Department for law enforcement services
• Don’t rehire Library Director
• Eliminate part-time positions at the Library
• Eliminate non-union positions at the Library
• Eliminate City Office capital items including computer replacement, copy machine replacement, facility improvements
• Eliminate new Police Department vehicles in 2008 and 2009
• Eliminate Street & Alley Department equipment purchases
• Eliminate storm sewer projects on H Street
• Eliminate Street Projects on 27^th Street from H Street to Highway 15 and on H Street from 27^th Street to Highway 15.
• Eliminate fire grant purchases
• Eliminate or alternately fund facilities updates in parks
• Eliminate or alternately fund Swimming Pool pumphouse piping system
• Eliminate or alternately fund Community Building sewer system replacement
• Combine Utility Superintendent and Street Superintendent positions

Employees of various departments stated they would like the opportunity to put together a plan to reduce departmental expenses without cutting personnel.  Mayor Mueller asked the Council to go to work individually on what was discussed.  No action was taken.

The Council was presented with a letter of notification written to the Jefferson County Economic Development Corporation (JCEDC) stating the City’s contract with them for LB840 Program administration is expiring as of April 30, 2007.  Phillips made a motion to approve the letter.  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 adopt Resolution No. 652 ordering and directing Keri M. Craig to remedy the public nuisance on the property located at 605 6^th Street, legally described as Lot 7 & 8, Block 13, Original Town of Fairbury, Jefferson County, Nebraska, except the North 46 feet and 9 inches thereof and except the East 4 feet of Lot 8.  Motion seconded by Trimm.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  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.  Aquila representatives Rick Schwartz and Jan Davis addressed the Council stating they are asking to renew Aquila’s contract with the City which expires in April.  Nelson expressed concern regarding collection of franchise fees, stating if Aquila were not forced to collect or pay the fees, then Aquila would be using City right-of-ways free of charge.  Nelson stated he would like the contract to include a clause stating if Aquila could not collect franchise fees, then the City would still be paid for use of their right-of-ways.  Mayor Mueller stated he has concerns with entering into a contract with a company that is in ownership transition.  Davis stated the new owner would be required to adhere to terms of the contract.  Noerrlinger stated the contract is automatically transferred when the company is sold to another company.  Bender made a motion to introduce Ordinance No. 2956 and provide for its first reading.  Motion seconded by Polson.  On roll call, Brown, Phillips, Byrd, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson voted “no.”  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 PRIVILEGE 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.  Bender made a motion to introduce Ordinance No. 2957 and provide for its first reading.  Motion seconded by Byrd.  On roll call, Brown, Phillips, Byrd, Trimm, Bender, Fry, and Polson voted “yes.”  Nelson voted “no.”  Motion carried.

Byrd made a motion to adjourn the meeting.  Motion seconded by Bender.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.  Meeting adjourned at 10:04 p.m.

                                                                                                                       E. M. Mueller, Mayor

ATTEST:

     Tami Arnold, City Clerk