Regular Meeting
April 17, 2007
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 17th
day of April, 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.
Elvis
Carbaugh presented the Mayor and Council with a group of signatures
collected requesting reinstatement of the positions eliminated in the Fire
Department and the Police Department. Carbaugh stated he asked both Polson
and Nelson to place the matter on the agenda, but both declined. Carbaugh
stated the number of signatures collected were 787 for the Police Department
positions and 1,019 for the Fire Department positions. Carbaugh requested
the matter be placed on the agenda for consideration at the next meeting in
two weeks. Petitions were submitted to the City Clerk.
Mayor Mueller
read the Consent Agenda. (1)Approval of the minutes of the regular meeting
of April 3, 2007. (2) Approval of claims. (3) Approval of the March 2007
Reconciliation Report. Phillips made a motion to approve the Consent
Agenda. Motion seconded by Trimm. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Fry, and Polson voted “yes.” Bender abstained. Motion
carried.
Byrd made a motion to approve an application for a Liquor
License Manager submitted by Casey’s General Store #1193 for Tina Krings.
Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Dave
Taladay with the Southeast Nebraska Development District (SENDD) addressed
the council and provided information on resources and services provided by
the organization. Taladay stated SENDD can assist with grant applications,
grant administration, studies, development of programs, and strategic
planning. According to Taladay, charges for these general services are
included in membership fees and that charges for specific projects are
negotiated on a project by project basis. Jim Keeler with the Nebraska
Municipal Power Pool (NMPP) stated NMPP can assist in bringing resources
together for projects, but does not handle grants or provide the services
that SENDD does. No action was taken.
Polson
stated the Finance Committee reviewed proposals for property and liability
insurance coverage and recommends approval of the bid from Starr Buckow, as
it was significantly lower than the bid received from the League Association
of Risk Management (LARM). Trimm made a motion to accept the proposal
submitted by Starr Buckow Insurance Agency for various property and
liability insurance coverage at a cost of $184,692. Motion seconded by
Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and
Polson voted “yes.” Motion carried.
The
Council considered approval of the Final Pay Request submitted by Kirkham
Michael for payment to General Excavating for Central Business District
Improvements completed. Ron Southwick stated the sidewalk in front of his
property at 5th & D Streets is holding water and asked if that
would be repaired. Mayor Mueller stated Kirkham Michael would need to be
contacted regarding the matter. No action was taken; pay request was not
approved.
Bender
made a motion to accept the resignation of Stan Schiermeyer from the Board
of Adjustment. Motion seconded by Phillips. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Bender
made a motion to accept the resignation of Maria Campos Burkley from the
Library Board. Motion seconded by Byrd. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Fire Chief Eric Voss requested permission to purchase a
bunker gear rack at an estimated cost of $1500. Voss stated the elimination
of the two Assistant Fire Chief positions makes it necessary to move gear
off the trucks and into the station. Byrd made a motion to approve the
request for permission to purchase the gear rack. Motion seconded by
Trimm. John Davis inquired as to why the gear couldn’t remain on the
trucks. Voss stated he feels this is the only way to guarantee someone will
get trucks on scene; volunteers have to go to the fire station first for
gear. Citizen Virgil Wasserman informed the Council he researched how Crete
runs its Volunteer Fire Department, stating there are 10 different vehicles
that carry gear, pickups go directly to the scene with the gear, and a man
is paid to be on call to bring a truck to the scene. Wasserman concluded by
stating he does not believe the route Voss wants to take is a good way to
get to fires quickly. Discussion ceased. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, and Fry voted “yes.” Polson and Bender voted “no.”
Motion carried.
Voss
requested permission to establish a second Volunteer Fire Company. Voss
stated he feels a second company is necessary to assist with immediate fire
response. Voss stated he is offering to send volunteers to the National
Fire Academy for training, which except for meals, is paid for on a grant
basis, free of charge to the City. Voss stated courses are either 5 days or
2 weeks. Costs to outfit and train additional volunteers was estimated at
$2250 per volunteer plus the costs of Workman’s Comp insurance and hourly
pay for training and calls. Byrd made a motion to grant Voss permission to
establish a second Volunteer Fire Company. Motion seconded by Trimm. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted
“yes.” Bender voted “no.” Motion carried.
Discussion was conducted on a recommendation from the LB840 Committee to
make a grant of LB840 funds to the City for placement of water lines to the
Wildridge Development. Jim Frager, Jefferson County Economic Development
(JCEDC) Director, stated the LB840 Committee is recommending funds be paid
to the City out of LB840 to fund the placement of water lines through the
industrial park and to the Wildridge Development. Frager stated the
availability of water connection would help attract prospective companies.
A possible path for the water system was discussed. Mayor Mueller stated
Jeff Sweetser would have figures on the cost of the project by May 1st.
No action was taken.
Mayor Mueller
read by title Resolution No. 655 providing for the amendment of the City’s
Economic Development Plan and repealing Resolution No. 477 and any other
resolutions in conflict herewith. Joe Casson stated this resolution amends
the budget for the Economic Development Plan and that having a budget is a
requirement of the original LB840 plan. Casson also stated Resolution No.
655 terminates funding to the JCEDC in six months and that at the end of six
months, funding to JCEDC will go to $0. City Attorney Tim Noerrlinger
confirmed Casson was correct. Byrd made a motion to adopt Resolution No.
655. Motion seconded by Nelson. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2958: 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. Rick Schwartz of Aquila stated he had been working with Nelson to
prepare an ordinance the entire Council feels comfortable with and that he
believes all issues have been resolved. Byrd made a motion to introduce
Ordinance No. 2958 and suspend the statutory three readings rule. Motion
seconded by Trimm. 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. 2958. Motion seconded by Nelson. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2959: 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. Nelson made a motion to introduce
Ordinance No. 2959 and suspend the statutory three readings rule. Motion
seconded by Byrd. 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. 2959. Motion seconded by Phillips. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Mayor
Mueller stated he and Councilman Byrd have been discussing the possibility
of outsourcing City Park mowing. Mayor Mueller asked Council members to
research this individually to see what possibilities there are.
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
8:27 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Arnold, City Clerk
