Regular Meeting

May 15, 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 15^th 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, Bender, Fry, and Polson. 

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

Bender made a motion to schedule a public hearing concerning closing comments on the Central Business District Improvements project for June 5, 2007 at 7:30 p.m.  Motion seconded by Phillips.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried. 

The Council discussed water lines within the Wildridge Development.  Steve Siemsen and Larry McBride presented bids from Fairbury Winnelson for both 4” and 6” lines, stating the difference in cost between the two is $22,000.  Siemsen stated a less expensive type of pipe could be purchased by a municipality but not by a private developer, thus bringing the cost down.  Nelson asked if Siemsen and McBride were requesting a disbursement of LB840 funds for the project; Siemsen and McBride replied yes.  Nelson also inquired as to whether Siemsen and McBride would be making any additional requests for the development in the future; Siemsen stated no.  Mayor Mueller stated project figures would be discussed with the Water Department and the item would be placed on the agenda for consideration at the June 5, 2007 meeting.  No action was taken. 

John McKee, Jefferson County Emergency Management Director, updated the Council on Fairbury’s National Incident Management System (NIMS) standings.  McKee stated the City is NIMS Compliant but that he highly recommends Council Members attend the next training session scheduled for June 25, 2007 at Union Bank & Trust at 7:00 p.m.  McKee also stated federal officials are recommending plain language be used on a daily basis as opposed to 10 codes.

 McKee provided information to the Council on 2007 Department of Homeland Security grants, stating Jefferson County does not expect to receive any funding this year due to changes in program structure.  McKee also stated grants and funding will most likely be disbursed by area instead of by county to prevent duplication of equipment in neighboring counties.  Lastly, McKee informed the Council that grant funds sought in the future will most likely be for planning, exercise, and training purposes.

 Doug Friedli of the Nebraska Community Foundation gave a presentation on the functions of the organization as well as the benefits of having a Community Foundation in place.  Friedli stated the Nebraska Community Foundation can provide assistance with accounting, investing, fund raising, and set-up of planned gifts as well as many other services.  Friedli concluded by stating City government doesn’t need to do anything to get a Community Foundation formed because that effort would need to be initiated by a group of private citizens.  No action was taken. 

The Council considered a request from the Fairbury Area Softball Association for payment of funds budgeted to the Association for the 2007 season.  Bender stated the Public Works committee met and recommends payment be made to the Softball Association as requested.  Bender made a motion to approve the request.  Motion seconded by Byrd.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried. 

Byrd made a motion to approve a request from the United Methodist Church for permission to reserve the east and south sides of the church for parking during its annual Rummage Sale to be held on June 2, 2007.  Motion seconded by Trimm.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried. 

The Council considered a request for permission to advertise for bids on street improvement projects on 22^nd Street and on 3^rd Street.  Hynek provided drawings of the project, stating rough estimates of cost for the project are $16,500 for 22^nd Street and $24,000 for 3^rd Street.  Trimm made a motion to approve the request for permission to advertise for bids on both projects.  Motion seconded by Fry.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.”  Bender voted “no.”  Motion carried.

 Phillips made a motion to approve the appointment of Diane Worm to the Library Board, term to expire July 2011.  Motion seconded by Trimm.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried. 

Bids for the clean-up of the property located at 605 6^th Street were opened.  Bids received were as follows:  Haddan Excavating, $8960 which includes capping of water and sewer lines and asbestos removal costs not included; Dan Banahan Trucking & Excavating, $4974 not including capping of water and sewer lines or asbestos removal costs.  Fire Chief Eric Voss stated there is no way of knowing if asbestos materials exist until after removal of debris begins.  Bender made a motion to accept the bid from Banahan in the amount of $4974 and to approve additional costs to cap water and sewer lines and additional costs to remove asbestos materials if applicable.  Motion seconded by Fry.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”  Motion carried.

 A discussion was held on an ordinance concerning dogs.  City Attorney Tim Noerrlinger reviewed examples of ordinances regarding dogs from other municipalities.  Police Sergeant Doug Klaumann addressed the Council, stating an ordinance limiting the number of dogs per residence would be helpful in resolving the numerous complaints received by the Police Department.  Mayor Mueller instructed Council Members to review examples provided and decide how they would like to see an ordinance for Fairbury structured.  No action was taken.

 A letter from Kirkham Michael to General Excavating on several warranty issues within the Central Business District Project was discussed.  Noerrlinger stated it is up to General Excavating to respond to the letter.  Mayor Mueller stated General Excavating is aware of what issues need to be corrected.  No action was taken. 

Mayor Mueller read by title Resolution No. 656 providing for the creation of a Standing Economic Development Committee and repealing any resolutions in conflict herewith.  Mayor Mueller stated four of the five members created by the resolution are named within and that the fifth name is awaiting approval from the County Commissioners.  Mayor Mueller also stated the purpose for the committee is to work with the Southeast Nebraska Development District (SENDD) on economic development issues.  Nelson made a motion to adopt Resolution No. 656.  Motion seconded by Phillips.  On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.”  Bender voted “no.”  Motion carried. 

Mayor Mueller read by title Resolution No. 657 providing for reduction in force of one Police Officer position and the Secretary/Reserve Officer position from the four year budget and repealing any resolutions in conflict herewith.  Noerrlinger stated adoption of this resolution is necessary due to the deficiency of previous communications and notices to the Communication Workers of America (CWA) in respect to the City’s contract with the CWA and labor law.  Noerrlinger concluded by stating adoption of this resolution is a reaffirmation of the Council’s previous decision to eliminate these positions from the budget.  Trimm made a motion to adopt Resolution No. 657.  Motion seconded by Fry.  Sergeant Klaumann asked Council Members to reject this resolution, stating the Police Secretary position is necessary to keep the department running properly by paying claims, attending to budgetary matters, and performing other important office functions.  Klaumann concluded by stating it is important to have a secretary so that officers can be kept out on the streets, doing their jobs.  Discussion ceased.  On roll call, Brown, Phillips, Trimm, Nelson, Fry, and Polson voted “yes.”  Byrd and Bender voted “no.”  Motion carried. 

Mayor Mueller informed the Council interviews of Police Chief candidates are being conducted this week.  Bender requested a report on the security of the City’s power plant and water system be given at the next regularly scheduled meeting. 

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 8:35 p.m.               

E. M. Mueller, Mayor

ATTEST:

     Tami K. Dandliker