Regular Meeting
January 5, 2010
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 5th day of
January 2010,
at 7:30 p.m. Mayor
Homer L. Ward 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 and pointed out by Mayor Ward as required by law.
Roll call found the
following Council Members present: Doug Brown, Ed Friesen, Roger Bailey, Don
Trimm, Beryl Lueders, Shirley Bender, Brad Kuzelka, and Kelly Davis.
Mayor Ward called for
the submittal of forms to request future agenda items. No forms were
submitted during the meeting.
Mayor Ward read the
Consent Agenda:
1.
Approval of the minutes of the
regular meeting of December 15, 2009.
2.
Approval of claims.
3.
Approval of the appointment of
Steve Hauschel as a Volunteer Fireman.
Trimm moved to approve
the Consent Agenda. Motion seconded by Davis. On roll call Brown, Friesen,
Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Mayor Ward opened the
Public Hearing concerning LB840 funds for a “Performance Based Grant” in the
amount of $10,000.00 for “The Country Cottage” project. David Taladay with
Southeast Nebraska Development District (SENDD), acting as LB840 Program
Manager, addressed the Council. Taladay stated the information regarding
the request for funds had been presented at the December 1, 2009 Council
meeting. Taladay stated the applicant, business owner Tammy Lueker, meets
the LB840 criteria for a performance based grant; the business will be
required to create one full time job position within twelve months and
retain that position for a period of another 24-months as a result of this
performance based financing. Taladay stated the business has already opened
in its new retail location. Council member Shirley Bender asked what kind
of collateral would be required. Taladay stated the requirements are a
Promissory Note, a UCC filing and a Security Agreement to secure conditions
dealing with installation of equipment, job creation, and maintenance. If it
would have involved purchasing property, then a Deed of Trust (DOT) would
also have been required; but the applicant is leasing so the DOT is not
required. Council member Beryl Lueders questioned Taladay regarding the
Economic Development Review Committee only having two committee members
present at their meeting. Taladay stated only two members were present and
voted; the members had agreed to send an email to the other members to
vote. Taladay stated they did have a majority vote combining the votes at
the meeting and the email votes. No
one else addressed the Council during the public hearing. Mayor Ward
declared the hearing closed.
Mayor Ward opened the
Public Hearing concerning CDBG – Economic Development
Loan Fund (Reuse Loan)
in the amount of $10,000.00 for “The Country Cottage” project.
David Taladay with SENDD, acting as
Administrator for the CDBG Loan Fund, addressed the Council. Taladay stated
the information regarding the request for funds had been presented at the
December 1, 2009 Council meeting. Taladay stated the applicant, business
owner Tammy Lueker, meets the criteria for a CDBG Economic Development Loan;
the business will be required to create one full time job position. Council
member Ed Friesen questioned Taladay regarding if the lender funds, of any
of these requests, were contingent upon if they receive the loan or the
grant from the City. Taladay stated the applicants have already opened at
their new location so he didn’t think so. At the time of application no
other money had been borrowed, if any had been borrowed since that time,
this would be disclosed when the remaining documents are prepared for
closing. Taladay stated when they have a lender involved in the program,
they have to have documentation that the applicant has secured that loan
before these funds come in because these funds are always reimbursed at the
end of the project; they have to prove that they have documented the
expenditures and other loan funds if they are in the program. Taladay stated
a Promissory Note, a UCC filing and a Security Agreement will also be
required for this loan. Taladay
stated this project was reviewed concurrently by the Economic Development
Review Committee and the CDBG Economic Development Loan Fund (EDLF) Review
Committee. No one else addressed the Council during the public hearing.
Mayor Ward declared the hearing closed.
Mayor Ward opened the
Public Hearing concerning LB840 funds for a “Performance Based Grant” in the
amount of $40,000.00 for the “Choice Communications, Inc.” project. David
Taladay with SENDD addressed the Council. Taladay stated the information
regarding the request for funds had been presented at the December 1, 2009
Council meeting. Taladay stated the applicant, business owner James Hintz,
meets the LB840 criteria for a performance based grant; the business will be
required to create a minimum of two full time job positions within twelve
months and retain those positions for a period of another 24-months as a
result of this performance based financing. Taladay stated the business has
already opened in its new retail location. Taladay stated the business has
a larger conventional loan as part of the package to purchase inventory,
equipment, and operating costs. Since this is a larger project, part of the
closing documents have to show he has completed the project, has the other
funds committed, and the project is in place. Bender questioned if the
$40,000.00 is figured on $20,000.00 per employee. Taladay stated for our
area that is what they allow per employee. Taladay stated the requirements
for collateral are a Promissory Note, a UCC filing and a Security Agreement
to secure conditions dealing with installation of equipment, job creation,
and maintenance. Friesen questioned if the committee looks to see how the
funds are committed to the project when looking at the business plan.
Taladay stated they see if they have a conventional loan up front, analyze
what the grant can do for the good of the business, don’t have to be
need-based but be incentive-based to create jobs; they do somewhat of a
financial analysis of the business.
No one else addressed the Council during
the public hearing. Mayor Ward declared the hearing closed.
Bender moved to set a
public hearing concerning the Economic Development Plan Document for January
19, 2010 at 7:30 p.m. Motion seconded by Kuzelka. On
roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender, Kuzelka, and
Davis voted “yes.” Motion carried.
Connie Schwartz, VISTA
Community Resource Coordinator gave a presentation to the Council on the
Fairbury Youth Involvement (FYI) Center and requested the City’s financial
support of the organization. Schwartz, Ashley Broxterman, Jordan Scott, and
Dakota Mason, Fairbury High School seniors, addressed the Council and
provided information on the Center’s activities. Broxterman, Scott, and
Mason are volunteering at the FYI Center. Broxterman stated she works in
the homework room and has 12-15 kids per week. Scott stated he works in the
recreation room and has 10-15 kids; also working with the children regarding
the Presidential Fitness Challenge. Mason stated she works in the computer
lab with K-6 grade children. They are also raising money and food for the
food bank. Schwartz says this is a good place for young people to go;
teaching them to give back to the community and also teaches them leadership
skills. Bailey moved to approve the
$2,000.00 contribution to Blue Valley Community Action/AmeriCorps/FYI
Center. Motion seconded by Trimm. On roll call Brown, Friesen, Bailey,
Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Trimm moved to approve
the Housing Rehabilitation Management Services Contract between the City of
Fairbury and Southeast Nebraska Development District (SENDD) for the CDBG
Program Grant No. 09-HO-6046 and also authorizing Mayor Ward to sign the
contract after we receive the Notice of Release of Funds. Motion seconded
by Lueders. Taladay stated this contract will allow SENDD to start
reviewing the eleven pre-applications received last year to determine a
first list of eligible clients. Taladay stated they have a project
checklist they have to follow for each application. Taladay also stated a
maximum of approximately $24,000.00 can be applied to each home. This is
the grant the City received in the amount of $273,000.00 for Citywide
Housing Rehabilitation. Council member Kelly Davis questioned if the
homeowners have to have insurance. Taladay stated they have to have hazard
insurance, have to have taxes paid, have to verify they are the owners, have
to be income eligible according to the criteria, etc. Taladay also stated
these programs can be piggybacked with other funding sources such as
programs like Blue Valley Community Action. On roll call, Brown, Friesen,
Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried.
Kuzelka moved to
approve the Professional Services Contract between the City of Fairbury and
SENDD for Lead Paint Hazards – Screen and Clearance Examinations for the
CDBG Program Grant No. 09-HO-6046 and also authorizing Mayor Ward to sign
the contract after we receive the Notice of Release of Funds. Motion
seconded by Davis. Taladay stated
for approximately the last ten years, projects like these, have to be lead
paint tested. An initial lead paint hazard screen examination needs to be
done at the start of each project to determine the level of lead dust
contamination or lead in paint. A hazard clearance examination needs to be
done when the project is completed. Davis questioned if the contractors
need to be certified. Taladay stated the contractors must document they are
certified under “Lead Safe Work Practices” training. Taladay stated may
have to hold a contractor training course for this project. On roll call,
Brown, Friesen, Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Brown moved to
authorize Mayor Ward to sign the Geographic Information System (GIS) sharing
agreement between Jefferson County and the City of Fairbury. Motion
seconded by Bailey. Assistant
Street Superintendent Laura Bedlan stated the current agreement between the
County and City is verbal and they only share the information between
themselves. This agreement will clarify the details; will share GIS
information between each other at no cost; if other government agencies
request info, the entity/department granting access has to get approval; and
neither entity shall sell or give away GIS files created by the other
entity. On roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to
approve the recommendation from the Public Safety Committee to allow the
police department to purchase mobile radar equipment in the amount of
$995.00. Motion seconded by Trimm. Public Safety and Council member Doug
Brown stated the police department will be receiving a grant in the amount
of $900.00 for the mobile radar equipment. Police Officer Chad Sprunk
stated this is a contracted price with the State of Nebraska; the total cost
was $1,895.00. On roll call, Brown, Friesen, Bailey, Trimm, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to
approve the Annual Comprehensive Municipal Tree Plan. Motion seconded by
Bailey. Bedlan stated, with the help of the Nebraska Forest Service and the
Fairbury Tree Board, they have begun a tree inventory. Both the City Park
and McNish Park have been completed and a portion of the Fairbury Cemetery
which will be completed in the spring of 2010. Bedlan stated they will not
be taking down any trees and will be following the Comprehensive Municipal
Tree Plan. On roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender,
Kuzelka, and Davis voted “yes.” Motion carried.
Bender moved to
approve the request from Jefferson County Emergency Management, Civil
Support Team and the Fire Department for a training exercise for the week of
January 10-16, 2010 with road blockage of the 300 block of A Street and West
100 block of 4th Street and the 100 block of 4th
Street. Motion seconded by
Davis. Fire Chief Eric Voss stated this will be the third consecutive year
the Civil Support Team has come down here to help with the training. The
training exercise will be held sometime during this week, weather
permitting; they will get called out in the middle of the night for the
training exercise. On roll call, Brown, Friesen, Bailey, Trimm, Lueders,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bailey moved to
approve the proposed Cash Rent Farm Lease Agreement for the Industrial Park
farmland located in the S˝ of the NEĽ of 11-2-2. Motion
seconded by Lueders. City Attorney
David Bargen stated he added some provisions, to the previous agreement
document, regarding late payments, liability insurance, etc. On roll call,
Brown, Friesen, Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted
“yes.” Motion carried.
Friesen moved to
approve the recommendation from the Public Safety Committee for the
disposition of insurance proceeds, for the damage to the 2002 Ford Explorer
(police vehicle), in the amount of $4,394.07 as follows: $1,100.00 to
replace the two damaged doors to the 2002 Ford Explorer with decals as
documented by Sprunk (Smith Auto, Pawnee City – Front Driver Door - $350.00;
Kosiskis, Omaha – Rear Driver Door - $250.00; J&B Vinyl, Fairbury – Graphics
- $250.00; and C & O Ford, Fairbury – Labor - $250.00.) and the remaining
$3,294.07 to be used on equipment already designated for the 2010 Ford
Explorer the police department is purchasing. Motion seconded by Brown.
Friesen stated someone had backed into the 2002 Ford Explorer; this vehicle
will still be used, but not as a main vehicle. On roll call, Brown,
Friesen, Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.”
Motion carried.
Davis moved to adopt
Resolution No. 754 obligating LB840 funds to “The Country Cottage” for a
“performance based grant” in the amount of $10,000.00. Motion seconded by
Kuzelka. On roll call, Brown, Friesen, Bailey, Trimm, Lueders, Bender,
Davis, and Kuzelka voted “yes.” Motion carried.
Brown moved to adopt
Resolution No. 755 obligating a CDBG Economic Development Loan (reuse loan)
to “The Country Cottage” in the amount of $10,000.00. Motion seconded by
Davis. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Davis,
and Kuzelka voted “yes.” Motion carried.
Bailey moved to adopt
Resolution No. 756 obligating LB840 funds to “Choice Communications, Inc.”
for a “performance based grant” in the amount of $40,000.00. Motion
seconded by Kuzelka. On roll call, Brown, Friesen, Bailey, Trimm, Lueders,
Bender, Davis, and Kuzelka voted “yes.” Motion carried.
Trimm moved to adopt
Resolution No. 757 authorizing the
City to levy special assessments against certain properties for nuisance
abatements. Motion seconded by Bailey. Mayor Ward stated these liens are
for mowing the City had done. On roll call, Brown, Friesen, Bailey, Trimm,
Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Bender encouraged
Council members to attend the League Conference in February.
Davis moved to adjourn
the meeting. Motion seconded by Friesen. On roll call, Brown, Friesen,
Bailey, Trimm, Lueders, Bender, Kuzelka, and Davis voted “yes.” Motion
carried. Meeting adjourned at 8:23 p.m.
Homer L. Ward, Mayor
ATTEST:
Sharyl Preston, City Clerk
