Regular Meeting
May 1, 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 1st
day of May, 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, Fry, and Polson. Absent: Bender.
Jim
Frager, Jefferson County Economic Development (JCEDC) Director, addressed
the council stating the JCEDC is not taking credit for Wal-Mart Supercenter
coming to town, that historical downtown Fairbury is alive and growing with
5-6 new businesses coming to town in the next 1-2 months, and that the JCEDC
wants to go on record stating they strongly support Lambriar Animal Health
Care.
Mayor Mueller
read the Consent Agenda. (1)Approval of the minutes of the regular meeting
of April 17, 2007. (2) Approval of claims. Byrd 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 absent.
Motion carried.
A
discussion was conducted on the possibility of outsourcing the mowing of
City parks. Mayor Mueller stated he and Byrd were interested in available
options for mowing. Street & Sanitation Superintendent/Parks and Recreation
Director Mick Hynek stated city crews mow the Museum, the Optimist Club,
McNish Park, the City Park, Quinn Field, and the Softball Complex (which
needs mowing 2-3 times per week). Hynek stated preliminary estimates for
contracting services at a rate of $35 per hour would cost $35,000 to $40,000
per year. According to Hynek, in past years 2 seasonal employees were hired
at a rate of $6 per hour without benefits and that those employees were also
used for summer parks maintenance projects. Mayor Mueller suggested a
combination of outsourcing and in-house could be investigated to see what is
most efficient and cost effective. City Administrator Jim Ferneau advised
Council that contracted mowing services in not in this year’s budget, but if
they were interested in doing that, they should consider it for next year’s
budget which will be prepared in July.
Byrd made a motion to accept the Fairbury Housing
Authority Annual Report as submitted. Motion seconded by Phillips. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.”
Bender absent. Motion carried.
The
Council considered a recommendation from the LB840 Committee on a grant to
the City to pay for the placement of water lines to the Wildridge
Subdivision. Ferneau stated Water Superintendent Jeff Sweetser estimates a
10” line would cost approximately $50,000 in materials and labor with an 8”
line being a little less and a 12” line being a little more. Ferneau stated
the Water Department prefers a 10” line and recommends bidding out the
project. Ferneau informed the Council that this project would run water
lines up to the property line only. Ferneau also stated that doing the
project would make our industrial park a more competitive site, thus more
attractive to prospective companies. Fry made a motion to proceed with the
project using a 10” line with project funding coming from the LB840 fund.
Motion seconded by Byrd. Steve Siemsen and Larry McBride of Wildridge
Development addressed the council stating the project budget allowed for a
4” line and that they were only recently informed that larger lines and fire
hydrants would be required. McBride and Siemsen requested the City pay the
difference in cost between the 4” line they originally budgeted for and the
larger size of line and fire hydrants that are now being required. Frager
stated the larger lines and fire hydrants would bring the subdivision up to
annexation codes. Ferneau stated the expense of doing this would be
approximately $31,000. Ferneau also stated the City’s Subdivision
Regulations do address fire hydrant requirements and specifications on water
line size. Mayor Mueller suggested a cost analysis be developed for McBride
and Siemsen’s request and that the Council address the issue at a later
date. Discussion ceased. Mayor Mueller restated Fry’s motion to proceed
with the project using a 10” line with project funding coming from the LB840
fund. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson
voted “yes.” Bender absent. Motion carried.
The
Council considered a request for permission to advertise for bids on the
clean-up of the property located at 605 6th Street. Fire Chief
Eric Voss stated that due to the state the property is in, the State of
Nebraska cannot determine if asbestos materials exist in the rubble.
According to Voss, any asbestos materials would have to be kept separate and
it may end up costing the City more to clean the project up using City crews
than it would to contract it out. City Attorney Tim Noerrlinger stated all
associated costs would be assessed to the property owner and that a levy of
a special assessment against the property would be the best way to recover
costs incurred in property clean-up. Trimm made a motion to grant
permission to advertise for bids on the clean-up of the property located at
605 6th Street. Motion seconded by Byrd. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.” Bender absent.
Motion carried.
The
Council considered the Final Pay Request submitted by Kirkham Michael for
payment to General Excavating for Central Business District Improvements
completed. Ferneau stated the property owned by Ron Southwick as well as
other properties have drainage issues and that Kirkham Michael is meeting
May 2nd to decide how to address the problems. Noerrlinger
stated the contractor has substantially complied and that holding the entire
10% retainage of $172,152.49 may open the City up to legal problems; $50,000
would be a more appropriate amount to hold. Mayor Mueller stated water ran
from a node into one building after heavy rain. Various amounts to hold and
liability issues were further discussed. Trimm made a motion to hold
$50,000 in retainage and pay General Excavating $122,152.49. Motion
seconded by Phillips. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Fry, and Polson voted “yes.” Bender absent. Motion carried.
The
Council considered an Administrative Assistance Contract with the Southeast
Nebraska Development District (SENDD) for the City’s Economic Development
Program. Frager stated the JCEDC previously provided this service to the
City and would like to discuss continuing to provide their services.
Ferneau confirmed the contract with SENDD caps annual expenses at $10,000.
Brown made a motion to approve the Administrative Assistance Contract with
SENDD. Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Fry, and Polson voted “yes.” Bender absent. Motion carried.
The
Council considered an Agreement with SENDD for assistance with the City’s
LB840 Economic Development Plan. The composition of the Application Review
Committee was discussed. Ferneau stated that committee could be composed of
representation from the Council, Board of Public Works, County
Commissioners, and local business professionals and that the committee would
need to be formed by resolution. Trimm made a motion to approve the
Agreement with SENDD. Motion seconded by Fry. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.” Bender absent.
Motion carried.
Byrd made a motion to engage Blobaum & Busboom, P.C. for
audit and budget preparation services as per the Letter of Engagement
received from Blobaum & Busboom. Motion seconded by Nelson. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.” Bender
absent. Motion carried.
Trimm
made a motion to enter into closed session for the reason of potential
litigation involved in the discussion of a Letter of Retirement submitted by
Ronald Southwick, designating those to remain as City Attorney Tim
Noerrlinger, City Administrator Jim Ferneau, and Clerk/Treasurer Tami
Arnold. Motion seconded by Byrd. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Fry, and Polson voted “yes.” Bender absent. Motion
carried. Mayor Mueller restated the subject matter to be discussed in
closed session was the Letter of Retirement submitted by Ron Southwick.
Closed session entered at 8:24 p.m.
Trimm
made a motion to enter into open session at 8:33 p.m. Motion seconded by
Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson
voted “yes.” Bender absent. Motion carried. Mayor Mueller stated the
matter discussed in closed session was the Letter of Retirement submitted by
Ron Southwick. Trimm made a motion to accept paragraphs 1 and 3 of
Southwick’s letter and to reject paragraph 2 regarding a right to recall.
Motion seconded by Fry. Ron Southwick stated his attorney advised him he
would be eligible for reinstatement if there were an opening in a paid Fire
Department in the next four years. At the request of Connie Schwartz,
Clerk/Treasurer Arnold read aloud the Letter of Retirement submitted by
Southwick. Schwartz questioned the problem with accepting the letter as
submitted; Noerrlinger advised Council not to discuss the reasoning behind
its decision as it is legal in nature. On roll call, Brown, Phillips,
Trimm, Nelson, Fry, and Polson voted “yes.” Byrd voted “no.” Bender
absent. Motion carried.
Fry made
a motion to enter into closed session for the purpose of avoiding needless
injury to persons involved in the discussion of a recommendation received
from the LB840 Committee on a request from Cheryl Schroeder/Attitudes
Apparel for a grant of LB840 funds, designating those to remain as City
Attorney Tim Noerrlinger, City Administrator Jim Ferneau, and
Clerk/Treasurer Tami Arnold. Motion seconded by Phillips. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.” Bender
absent. Motion carried. Mayor Mueller restated the subject matter to be
discussed in closed session was a recommendation from the LB840 Committee on
a request from Cheryl Schroeder/Attitudes Apparel for a grant of LB840
funds. Closed session entered at 8:40 p.m.
Trimm
made a motion to enter into open session at 8:48 p.m. Motion seconded by
Phillips. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and
Polson voted “yes.” Bender absent. Motion carried. Mayor Mueller stated
the matter discussed in closed session was a recommendation from the LB840
Committee on a request from Cheryl Schroeder/Attitudes Apparel for a grant
of LB840 funds. Trimm made a motion to deny the request for LB840 funds.
Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Fry, and Polson voted “yes.” Bender absent. Motion carried.
Mayor Mueller
informed the Council that numerous applications for the position of Police
Chief have been received and invited Council to stop by the Clerk’s office
to review them. Mayor Mueller provided Council members with a letter
submitted by Lambriar Animal Health Care withdrawing their request for a
Community Development Block Grant.
Byrd made a motion to adjourn the meeting. Motion
seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry,
and Polson voted “yes.” Bender absent. Motion carried. Meeting adjourned
at 8:53 p.m.
E.M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
