Regular Meeting
September 4, 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 4th
day of September, 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 Ed Friesen
addressed the Mayor, Council, and audience, encouraging them to reason
together to find workable solutions to the issues we all face together.
Mayor Mueller
read the Consent Agenda. (1)Approval of the minutes of the regular meeting
of August 21, 2007. (2)Approval of claims. Polson made a motion to approve
the Consent Agenda. Motion seconded by Trimm. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
Phillips made a motion to set a public hearing
concerning a request from Lambriar Animal Health Care for LB840 funds for
September 18, 2007 at 7:30 p.m. 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 set the Budget Hearing and Budget Summary for the 2007-2008
Fiscal Year for September 18, 2007 at 7:30 p.m. Motion seconded by Byrd.
On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Nelson
made a motion to accept a letter of resignation received from Timothy
Noerrlinger as City Attorney. Motion seconded by Brown. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Byrd made a motion to accept a letter of resignation
received from Linda Bauer as Deputy City Attorney. 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 Mayor’s appointment of Tobias J. Tempelmeyer as
Interim City Attorney. Motion seconded by Byrd. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
The
Council considered a Legal Services Agreement between the City of Fairbury
and Tobias J. Tempelmeyer. Mayor Mueller stated the agreement was for
services provided at a rate of $80.00 per hour and that a salary was not
involved. Mayor Mueller also stated attorneys contacted within Fairbury
were not interested in serving as the City Attorney. Phillips made a motion
to approve the Legal Services Agreement. Motion seconded by Byrd. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Jerry
Pigsley of Harding & Shultz presented his Report of Independent Legal
Counsel retained to review Recall Procedure and Special Election Process
concerning Mayor Mueller. Pigsley stated it is his opinion that due to the
improper notarization of several petitions, there is significant reason for
the Council not to order a Special Recall Election and that the Council may
exercise its discretion and refuse to do so. Pigsley informed the Council
that state law allows those who believe the petitions are valid to go to
district court and request the judge order the Council to set a date for a
Special Recall Election.
Bender
made a motion to set the date of a Special Recall Election of Mayor Mueller
for October 2, 2007. Motion died for lack of second; a Special Recall
Election of Mayor Mueller was not set.
Dave
Taladay of the Southeast Nebraska Development District (SENDD) informed the
Council that the Economic Development Review Committee has received and
reviewed an LB840 funding request as submitted by Lambriar Animal Health
Care (LAHC). Taladay provided details of LAHC’s economic development
proposal to expand into a building on the downtown square which would
function as a call center for sales and marketing and include a retail space
as well. The proposal includes the retention of 10 full-time equivalent jobs
to be maintained for a minimum of 36 months paying a minimum of $8.50/hour
plus benefits. Taladay stated LB840 funds would be used in the purchase and
update of equipment, software, and computer hardware. Taladay highlighted
how LAHC’s proposal fits into the City of Fairbury’s Economic Development
Plan purposes and objectives and concluded by stating he recommends approval
of a $200,000 performance based LB840 grant to LAHC. No action was taken
pending a hearing for public comment to be held September 18, 2007.
Bender
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 Bazaar on September 8, 2007 from 8:00 a.m. to 1:00 p.m.
Motion seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Bender
made a motion to approve a request to allow Steve Zimmerman to transfer to
the City Volunteer Fire Dept from the Rural Volunteer Fire Dept. Motion
seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Police
Chief Brooks Bryan reported he and Sergeant Klaumann investigated a
complaint regarding wolf hybrid puppies residing within the city limits at
722 C Street and stated no such puppies were on the premises. Bryan stated a
website advertises a litter of puppies to be ready in January 2008. Mayor
Mueller instructed Bryan to continue to monitor the matter.
Bob
Stritzke, Chair of Trustees of the United Methodist Church, requested a curb
cut at the church parsonage, located at 2107 Northridge Drive, to improve
drainage conditions at the property. Trimm made a motion to approve the
request for a curb cut at 2107 Northridge Drive. Motion seconded by Brown.
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 Phil Rogge
for a curb cut at 1324 12th Street. Bender seconded. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2962: AN ORDINANCE TO ESTABLISH RATES, FEES,
CHARGES, AND COLLECTIONS FOR THE USE OF ELECTRICITY TO AMEND ORDINANCE NO.
2931: TO REPEAL CONFLICTING SECTIONS AND TO PROVIDE FOR AN EFFECTIVE DATE.
Phillips made a motion to give Ordinance No. 2962 third reading. Motion
seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry,
and Polson voted “yes.” Bender voted “no.” Motion carried. Byrd made a
motion for final passage of Ordinance No. 2962. 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 Ordinance No. 2963: AN ORDINANCE SETTING SALARIES FOR
SUPERVISORS AND DEPARTMENT HEADS; PROVIDING FOR AN EFFECTIVE DATE THEREOF;
AND REPEALING CONFLICTING ORDINANCES. Nelson made a motion to give
Ordinance No. 2963 second reading. Motion seconded by Fry. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Mayor Mueller
read by title Ordinance No. 2964: AN ORDINANCE SETTING SALARIES FOR CITY
EMPLOYEES COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE DATE
THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm made a motion to give
Ordinance No. 2964 second reading. Motion seconded by Byrd. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Mayor Mueller
read by title Ordinance No. 2965: AN ORDINANCE OF THE CITY OF FAIRBURY,
NEBRASKA ADOPTING THE NEBRASKA EMERGENCY SUCCESSION ACT; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A TIME
WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND REPEALING ALL
ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH. City Administrator Jim
Ferneau informed the Council that he had been contacted by Jefferson County
Emergency Management Director John McKee in regards to this proposed
ordinance. According to McKee, Nebraska Emergency Management Agency (NEMA)
does not recommend the Council pass an ordinance adopting the Nebraska
Emergency Succession Act at this time due to the fact that every
jurisdiction, including the City, will be required to write and implement a
Continuity of Government Plan in the next 1-2 years. Ferneau added that
McKee had stated he would like to work with the Council to strengthen the
City’s emergency management plans and to determine where we are with a
Continuity of Government Plan for the City. Ferneau concluded by stating
that both NEMA and the Nebraska League of Municipalities recommend the
Council not pass this ordinance at this point in time. No action was taken.
Mayor Mueller
reminded everyone that it was time to schedule the next semi-annual joint
meeting of the City Council and the Board of Public Works.
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
8:32 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
