Regular Meeting
November 7, 2006
The
Mayor and Council of the City of Fairbury met in regular session in the
Council Chambers, 612 D Street, Fairbury, Nebraska, on the 7th
day of November, 2006, at 7:30 p.m. Mayor E.M. Mueller called the meeting
to order. Roll call found the following Council Members present: Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson.
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 is posted in the
Council Chambers as required by law.
Mayor
Mueller read the Consent Agenda. (1) Approval of the minutes of the regular
meeting of October 17, 2006. (2) Approval of claims. Byrd made a motion to
approve the Consent Agenda. Motion seconded by Phillips. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Motion carried.
The
Council considered correspondence received from the Fairbury Youth
Involvement (FYI) Center requesting financial support. No one was present
on behalf of the FYI Center. City Attorney Tim Noerrlinger advised Keno
funds could be used for contributions to the FYI Center. Stanton made a
motion to donate to the FYI Center $1800 of Keno funds for six months
support. Motion seconded by Vaughn. On roll call, Stanton, Phillips, Byrd,
Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Stanton made a motion to approve a request submitted by Doug & Darcy Brown
for a curb cut at 1307 11th Street. Motion seconded by Byrd.
Mayor Mueller requested Brown abstain from voting on the matter. On roll
call, Stanton, Phillips, Byrd, Bartels, Bender, Vaughn, and Polson voted
“yes.” Brown abstained. Motion carried.
The
Council considered approval of an agreement with Jefferson County for usage
charges relating to County-owned historical lighting fixtures. Noerrlinger
stated the new historic lighting fixtures placed on the property of the
Jefferson County Court House are not metered and that this agreement
provides for a $5 per month per light charge to the County. Bender asked if
light bulbs will be paid for by the County; Noerrlinger stated yes, the
County pays for bulbs as part of an existing maintenance agreement.
Discussion ceased. Vaughn made a motion to approve the agreement with
Jefferson County for lighting usage charges. Motion seconded by Phillips.
On roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried.
The
Council considered an Application for Relief from Sanitation Fees as
submitted by Ella Mae Welch of 1407 H Street. Brown made a motion to deny
the request. Motion seconded by Polson. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
Thayne
Tatro addressed the Council on behalf of the Fairbury Chamber of Commerce
requesting permission to use the City Park, Community Building, and Pool
facilities for the Tour de Nebraska on June 22, 2007. Tatro stated the
event is a great opportunity to bring approximately 200 bikers and their
families into the community overnight. Bender made a motion to approve the
request. Motion seconded by Phillips. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
The
Council considered sealing new downtown sidewalks, curb and gutter, and
parking apron to protect surfaces from chemicals used in snow and ice
removal. Street Superintendent Mick Hynek stated the Downtown Project
contractor recommends the concrete be treated to guard against chemical
damage. Ferneau stated the City would be purchasing the sealant product
directly from the company and that the sealant would then be applied by the
project contractor. Hynek stated the cost of sealing new concrete surfaces
is estimated at $23,777. Ferneau stated the bonding attorney has approved
including this expense in the total Downtown Project cost. Byrd stated he
believed this needs to be done. Vaughn stated he agrees sealing should be
done. Bender asked if property owners would be paying for this cost as part
of the assessments, stating she would like to see a public hearing held on
the matter. Noerrlinger stated assessments are based on the value of the
improvements to the property and its worth, not on total project cost.
Noerrlinger also advised that because the City is purchasing the sealant
product directly, bidding requirements would not be an issue. Byrd made a
motion to proceed with sealing new concrete surfaces in the Downtown
Project. Motion seconded by Bartels. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, and Polson voted “yes.” Vaughn abstained.
Motion carried.
The
Council considered a request from Fairbury Steaks, Inc. for a grant of
$300,000 of LB840 funds. Dennis Brown of Fairbury Steaks addressed the
Council stating his business is undergoing an expansion that would add 18-20
new employees and a seconded shift as well as new product lines. D. Brown
stated nine years of financial reports and the exact numbers of employees to
be added were submitted to the LB840 Committee in his request for funds. D.
Brown informed the Council that the USDA has granted its approval of the
expansion. Mayor Mueller stated for the record that the LB840 Committee has
recommended, in writing, that Fairbury Steaks’ request for funds be denied.
Joe Casson, Attorney for the Jefferson County Economic Development
Corporation (JCEDC) provided a history of the LB840 program and stated the
committee recommends the request be denied because a grant of $300,000 would
bankrupt the LB840 fund, leaving no money to attract a large business or
industry. Ferneau stated if the request for funds was granted, there would
be a point in time where the fund would be at a zero balance but that future
sales tax income would replenish the fund. Kent Preston, member of the
Board of Public Works, stated this is an opportunity to assist a going
business with a viable project. Noerrlinger stated provisions can be
included in the grant agreement addressing failure to fulfill employment
commitments. Bartels stated that when combining jobs created by Lambriar
Animal Health Care, Runza, and Fairbury Steaks, the LB840 fund has helped to
create approximately 90 new jobs for the community, stating she believed
Fairbury Steaks should receive the requested grant of $300,000. Phillips
made a motion to approve the request from Fairbury Steaks, Inc., for an
LB840 grant of $300,000, conditional on the approval of a Memorandum of
Understanding between the City and Fairbury Steaks that is to be presented
at the next regular Council meeting
after both parties have agreed upon all terms of the MOU. Motion seconded by Byrd. On roll
call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, and Vaughn voted
“yes.” Polson voted “no.” Motion carried.
The
Council considered a Change Order for the Downtown Redevelopment Project.
Mayor Mueller called for a motion for closed session in accordance with
§84-1410, stating potential litigation is involved in the matter. Phillips
made a motion to enter closed session to discuss potential litigation
concerning the Downtown Project and a Change Order, with Hynek, Noerrlinger,
Ferneau, and City Clerk/Treasurer Tami Arnold remaining. Motion seconded by
Byrd. On roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown,
Vaughn, and Polson voted “yes.” Motion carried. Mayor Mueller restated the
purpose for entering closed session was to discuss potential litigation and
a Downtown Project Change Order. Closed session commenced at 8:36 p.m.
Closed session concluded at 8:52 p.m. with a motion made by Byrd to enter
open session. Motion seconded by Bartels. Phillips made a motion to direct
the City Administrator to contact Kirkham Michael, Downtown Project
engineer, to enter a Change Order increasing the value of the contract with
General Excavating by $106,000. Motion seconded by Byrd. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, and Polson voted “yes.”
Vaughn abstained. Motion carried.
Byrd
made a motion to give second reading to Ordinance No. 2952: AN ORDINANCE
CHANGING THE LAND USE CLASSIFICATION AND ZONING OF TRACTS OF LAND LOCATED ON
LOTS 7, 8, & 9, BLOCK 38 OF THE ORIGINAL TOWN OF FAIRBURY, JEFFERSON COUNTY,
NEBRASKA. Motion seconded by Phillips. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
Mayor
Mueller read Ordinance No. 2953: AN ORDINANCE CHANGING THE LAND USE
CLASSIFICATION AND ZONING OF A TRACT OF LAND LOCATED ON LOT 12, BLOCK 22 OF
THE ORIGINAL TOWN OF FAIRBURY, JEFFERSON COUNTY, NEBRASKA. Byrd made a
motion to introduce Ordinance No. 2953 and suspend the statutory three
readings rule. Motion seconded by Phillips. On roll call, Stanton,
Phillips, Byrd, Bartels, Brown, and Polson voted “yes.” Bender and Vaughn
voted “no.” Motion carried. Byrd made a motion for final passage of
Ordinance No. 2953. Motion seconded by Phillips. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.”
Motion carried.
Mayor
Mueller read Ordinance No. 2954: AN ORDINANCE OF THE CITY OF FAIRBURY,
NEBRASKA, AMENDING THE DUTIES OF THE CITY BUILDING INSPECTOR, REPEALING
MUNICIPAL CODE SECTIONS 150.15 AND ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING A TIME WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT. Byrd made a motion to introduce Ordinance No. 2954 and
suspend the statutory three readings rule. Motion seconded by Vaughn. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried. Byrd made a motion for final passage
of Ordinance No. 2954. Motion seconded by Vaughn. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.”
Motion carried.
Bender made a
motion to adjourn the meeting. Motion seconded by Bartels.
On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.”
Motion carried. Meeting adjourned at 8:58 p.m.
E. M. Mueller,
Mayor
ATTEST:
Tami Arnold, City Clerk
