Regular Meeting
June 19, 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 19th
day of June, 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 June 5, 2007. (2)Approval of claims. (3)Approval of the May 2007
Reconciliation Report. Nelson stated the minutes of the June 5th
meeting should be amended to read that he voted “no” on the motion to
approve a request from Wildridge for LB840 funds to pay the difference in
cost between 4” water lines and 6” water lines with fire hydrants with a
$25,000 expenditure cap. Polson made a motion to approve the Consent Agenda
with the minutes of the June 5, 2007 meeting amended to read Nelson voted
“no” on the request from Wildridge for LB840 funds. Motion seconded by
Byrd. Bender requested permission to abstain from voting due to a potential
conflict of interest within the claims to be paid. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.” Bender
abstained. Motion carried.
Mayor Mueller
opened the public hearing concerning the Proprietary Budget and Budget
Summary for the City of Fairbury Utilities for May 1, 2007 to April 30,
2008. Assistant Superintendent of Utilities Larry Naiman addressed the
Council, reviewing last year’s revenues and expenses and providing details
about the 2007-2008 budget. Naiman stated areas of concentration for the
Board of Public Works in the upcoming year are spills prevention counter
measures, replacement of a materials handling truck, possible updating of
some of the department’s service vehicles, and continuing to be vigilant of
aging equipment and its corresponding replacement cost. Naiman also stated
a new sludge truck for the sewer plant may be needed and that someday they
would like to possibly build a storage building for materials to get them
out of the elements, where they are currently stored. Naiman concluded by
stating costs of some replacement materials and equipment has seen a 40%
increase due to recent storms and natural disasters across the country. No
one else addressed the Council during the public hearing. Mayor Mueller
declared the hearing closed.
Arnola
Mitchell was present to request permission to place yellow ribbons welcoming
troops home on City Park entrance and trees and in the downtown area.
Mitchell stated 250 troops are returning to Nebraska at the end of June.
Board of Public Works member Kent Preston stated nothing could be hung on
the new street lights in the downtown area; Mitchell stated she was aware of
that. Bender made a motion to approve the request for permission to place
ribbons on the City Park entrance, on trees, and throughout the downtown
area. Motion seconded by Trimm. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Polson
made a motion to approve the Proprietary Budget for the City of Fairbury
Utilities for May 1, 2007 to April 30, 2008. Motion seconded by Nelson. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Trimm
made a motion to approve the reappointment of Bernard Boerner to the Board
of Adjustment, term to expire May 2010. 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 bids received for street improvements to 22nd
Street and 3rd Street. City Administrator Jim Ferneau stated
only one bid was received for each project. The bids received were submitted
by Vaughn Contracting and were $32,433 for 3rd Street and $19,329
for 22nd Street. Byrd made a motion to accept both the bid of
$32,433 for the 3rd Street project and the bid of $19,329 for the
22nd Street project. Motion seconded by Trimm. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Fry, and Polson voted “yes.” Bender
voted “no.” Motion carried.
The
Council considered a Letter of Retirement submitted by Frank Jordan. Polson
thanked Jordan for 37 years of service to the community. Trimm made a
motion to accept Jordan’s Letter of Retirement. Motion seconded by Brown.
On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
The
Council considered a request for authorization for Mayor Mueller to sign a
grant contract with the Nebraska Game & Parks Commission for the Softball
Complex Restroom/Concessions facility. Ferneau stated 50% ($28,450) of the
total $56,900 estimated project cost is grant funded and that the City has
budgeted $30,000 of Keno funds to be used towards the project. Ed Durfee of
the Fairbury Area Softball Association thanked the Council for their
support. Polson inquired as to the use of local labor and volunteer help
with the project. Ferneau stated the grant requires a bid process is gone
through and that an architect or engineer must sign off on the project to
ensure it is structurally sound in order to protect the City
liability-wise. Trimm made a motion to authorize Mayor Mueller to sign the
grant contract with the Nebraska Game & Parks. Motion seconded by
Phillips. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry,
and Polson voted “yes.” Motion carried.
The
Council considered a request for authorization to procure an
engineer/architect for the Softball Complex Restroom/Concessions facility.
Durfee stated the Softball Assoc has been in contact with Darrell Stelling,
an architect formerly from the community, who has said he will be willing to
offer his assistance with the project. Durfee stated they hoped to save
money by utilizing Stelling’s services. Ferneau advised obtaining
comparison quotes may be helpful. Byrd made a motion to authorize the
procurement of an engineer/architect for the Softball Complex
Restroom/Concessions facility. Motion seconded by Nelson. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
The
Council considered a hazard mitigation planning grant application. Tim
Kruse of JEO addressed the council and explained that the purpose of a
hazard mitigation plan is to help limit exposure to hazards and allows for a
proactive approach to hazards. Kruse stated a hazard mitigation plan is a
public guided document whose data is gathered by studying and identifying
specific issues and concerns and preparing countermeasures via public
input. After completed, the document would go through FEMA and NEMA for
approval. Kruse stated benefits of preparing a hazard mitigation plan are
that it helps prevent non-funding of a disaster and opens doors for future
funding of pre-disaster programs in addition to increased grant funding in
the event of an actual disaster occurring. Jefferson County Emergency
Management Director John McKee informed the Council that the County
Commissioners have given their approval to apply for a grant to prepare a
hazard mitigation plan. If a grant is received, the project would be 75%
grant funded. Ferneau stated the estimated total cost of developing the
plan is $85,000. McKee stated the planning process would most likely not
begin until January 2008. Fry made a motion to grant authorization to move
ahead with the hazard mitigation planning grant application. Motion
seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Two
summons of complaint/petition filed against the City of Fairbury by Robert
S. Hillard were received. City Attorney Tim Noerrlinger stated both summons
have been turned over to the City’s insurance carrier. No action was taken.
Byrd made a motion to approve the appointment of Larry
Naiman as an Alternate Director to the Municipal Energy Agency of Nebraska.
Motion seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
The
Council considered pursuit of collection of expenses incurred from the
demolition of the structure that was located at 213 6th Street.
Noerrlinger stated a special assessment could not be levied because the
property has changed ownership since the demolition took place. Noerrlinger
requested authorization to file a lawsuit to seek payment of expenses.
Bender made a motion to approve Noerrlinger’s request for authorization to
file a lawsuit to collect expenses incurred from the demolition of the
structure that was located at 213 6th Street. Motion seconded by
Phillips. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry,
and Polson voted “yes.” Motion carried.
Ferneau
reported that the house at 921 Bacon Rd is tentatively scheduled for a
practice burn on July 10th, that removal of the house and rubble
at 6th & F Street should begin the week of June 25th,
that issues involving the collapsing of a storm sewer behind the house at
921 G Street are being addressed with costs estimated at $3000 - $4000, that
pipes at the swimming pool are causing concerns with costs of repair
estimated at $10,000 - $20,000, and that the Tourism TV Video is currently
in the filming stages.
Mayor Mueller
reported a dog and kennel ordinance as well as a Change of Occupancy Safety
Plan would be on the next agenda for Council consideration. Mayor Mueller
also offered a correction to a comment printed in the Fairbury Journal News
regarding the announcement of the Police Chief selection committee and
Council involvement in the selection process.
Brown reported that a very productive Public Safety
Committee meeting was held on June 18th and that there will be
items originating from the meeting on the next agenda for Council
consideration.
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
8:23 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
