Regular Meeting
February 1, 2011
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 1st day of
February 2011, 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, Rick Carmichael, Roger
Bailey, Tim Polson, Joshua Vossler, 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 January 18, 2011.
2.
Approval of claims.
3.
Approval of the appointment of
Art Craig, Jr. to the Economic Development Review Committee.
Bender pulled the
claim, out of the Police Fund, payable to McBattas Specialty Advertising in
the amount of $66.26 until the next Council meeting. Bender stated this
claim will be with the next claims if we get clarification from City
Attorney David Bargen that the funds are being appropriated properly.
Bender moved to approve the Consent Agenda with the exception of the claim
to McBattas Specialty Advertising. Motion seconded by Carmichael. On roll
call, Polson, Bailey, Carmichael, Brown, Vossler, Bender, Kuzelka, and Davis
voted “yes.” Motion carried.
Mayor Ward opened the
Public Hearing concerning the City of Fairbury, Nebraska 1 & 6 Year Street
Improvement Plan for 2011 – 2016. Assistant Street Superintendent Laura
Bedlan addressed the Council. In 1969 Laws were enacted to create a source
of revenue for municipalities to provide for a safe and efficient local
transportation system. Bedlan stated the City has to prepare and submit to
the State an annual one and six year plan for construction and maintenance
to be able to receive State funding. Bedlan stated revenues from gas tax,
motor vehicle registrations and other sources are collected into the State
Highway Trust Fund. Of this 46.67% of the monies collected is diverted to
the Highway Allocation Fund and 50% of this is earmarked for
municipalities. Bedlan stated municipalities receive funding based on:
population within corporate limits – 50%, traffic lane miles of streets –
20%, and motor vehicle registrations – 30%. Bedlan also stated each dollar
a municipality receives under this program must be matched with 25 cents
locally. Bedlan stated funds received under this program can only be
expended for street construction, maintenance, and related expenses. Bedlan
stated the program requirements include: preparing an annual one and six
year plan for construction and maintenance, NBSC report of actual street
fund expenditures and revenues, report traffic lane miles annually, employ a
licensed street superintendent (which we do through Olsson Associates),
construction and maintenance must be built to the minimum design standards
and we have to certify annually to the Board of Public Roads Classifications
and Standards. Bedlan stated the only things changed from last year are
deleting several that had rolled over from year to year and adding a small
section east of M Street behind the high school – a 150’ strip of road.
Council member Kelly Davis wanted to know if this section of road was the
same as what the Superintendent of Schools had talked to the City Council
about previously. Mayor Ward stated it is the same section of road.
Council member Doug Brown stated when the last LB840 program was voted on
in May 2010, infrastructure was included in the program. Brown asked if a
portion of this money has been earmarked for these kinds of projects. City
Administrator Joseph Parker stated we have a ten year period for the new
LB840 program which has just started. Mayor Ward stated they put everything
in this LB840 program that the state would allow. Brown wanted to know if
it was broken down into percentages. Parker stated it was not – all that
was mentioned was what was in the state code; so the City would have the
most flexibility in utilizing those dollars. Brown stated if the City
doesn’t earmark money for streets and storm sewers (like the City said we
would work on), the money will get spent during the next ten years on
something else and the roads and sewers will not get fixed. Parker stated
when he’s working on budgets for this next fiscal year; it may be a good
idea to put a budget together for the LB840 fund. Mayor Ward thought
budgeting for the LB840 fund would also be a good plan. Brown stated,
again, if we don’t put money back for infrastructure, it will get spent on
other projects and the City didn’t do what they said they would do by fixing
some of the streets and storm sewers.
No one else addressed the Council during
the public hearing. Mayor Ward declared the hearing closed.
Mayor Ward opened the
Public Hearing concerning the semi-annual review of the Local Option Sales
Tax for Economic Development (LB840) Program. City Administrator Joseph
Parker addressed the Council.
Parker stated according to the LB840 Program Plan, the Citizens Advisory
Review Committee is to report to the City Council at least once in every six
month period on its findings and suggestions concerning the program during a
public hearing called for this matter. Parker stated during the time period
from July 1, 2010 to December 31, 2010 the committee had received for the
Performance Based Grant: eight applications were received, five applications
were processed, one application was denied by the committee, three
applications were approved, six applications are pending, four applications
were approved and funded by the City, and zero applications were denied by
the City. Parker stated during this time period the committee had received
for the Downtown Design Challenge Grant/Historic Preservation Commission:
twelve applications were received; five applications were processed; zero
applications were denied by the committee; five applications were approved;
seven applications are pending; four applications were approved and funded
by the City; and zero applications were denied by the City. Parker stated
the Downtown Design Challenge Grant is a popular program. Parker stated the
financial review of the applications was conducted according to credit
review standards established for the economic development program by the
City of Fairbury. The financial review of individual projects and
applications was conducted independent of participation from any member of
the Citizen’s Advisory Review Committee. This program review certifies the
application process was conducted properly and any funds expended or
projects approved meet the LB840 eligibility guidelines. Parker stated no
discrepancies were noted in the program review. Parker stated the Loan
Status/Performance Based Grant Report: monitoring jobs for Lambert Vet
Supply, Tatro Chiropractic, Mainstreet Consulting, TLC Creations, Choice
Communications, The Country Cottage, Sweet Creations, and Pure Serenite Spa
LLC; and applications in process: Siebert Communications and Pets Choice
Pharmaceuticals, LLC. Parker stated the administrator (SENDD) have been
asked to monitor the recipients of the LB840 money to make sure all the
requirements are being met. Parker stated they have up to one year to hire
someone and they have to retain that hire for two more years. No one else
addressed the Council during the public hearing. Mayor Ward declared the
hearing closed.
Bailey moved to
approve the request to set the City-Wide Cleanup for the week of
April 25 – 29, 2011.
Motion seconded by Carmichael. Assistant
Street Superintendent Laura Bedlan stated the cleanup was pushed back a week
later this year since Good Friday is April 22 and this is a legal holiday
for the City. On
roll call, Polson, Bailey, Carmichael, Brown, Vossler, Bender, Kuzelka, and
Davis voted “yes.” Motion carried.
Bender moved to adopt
Resolution No. 805 approving the 2011 – 2016 One and Six Year Street
Improvement Plan as presented at said public hearing. Motion seconded by
Vossler. On roll call, Polson, Bailey, Carmichael, Brown, Vossler, Bender, Kuzelka, and Davis
voted “yes.”
Polson moved to adopt
Resolution No. 806 authorizing the City to levy special assessments against
certain properties for nuisance abatements. Motion seconded by Bailey. The
assessments are for past due mowing and the demolition of the unsafe
structure on 3rd Street. On roll call,
Polson, Bailey, Carmichael, Brown, Vossler,
Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Mayor Ward read by
title Ordinance No. 3004: AN ORDINANCE AMENDING FAIRBURY ZONING REGULATIONS
– 2005 EDITION, § 5.10 TO ALLOW HOTELS AND MOTELS IN THE GENERAL
COMMERCIAL DISTRICT. Carmichael moved to
give third reading to Ordinance No. 3004. Motion seconded by Vossler. On
roll call, Polson, Bailey,
Carmichael, Brown, Vossler, Bender, Kuzelka, and Davis voted “yes.” Motion
carried. Polson moved for final passage of Ordinance No. 3004.
Motion seconded by Kuzelka. On roll call,
Polson, Bailey, Carmichael, Brown, Vossler, Bender, Kuzelka, and Davis
voted “yes.” Motion carried.
Mayor Ward read by
title Ordinance No. 3005: AN ORDINANCE AMENDING FAIRBURY MUNICIPAL CODE
§ 71.77 TO ADD UTILITY-TYPE VEHICLES TO EXISTING REGULATIONS, TO
UPDATE REGULATIONS IN COMPLIANCE WITH AMENDED STATE STATUTE, AND TO BAN
OPERATION OF ATVs AND UTVs WITHIN THE CRYSTAL SPRINGS PROPERTY.
Mayor Ward stated this was discussed at
the Board of Public Works (BOPW) meeting this morning. Mayor Ward stated
the City has a conflicting ordinance, Ordinance No. 2857, and would like to
postpone any action on Ordinance No. 3005 until the City Council gets a
recommendation from the BOPW. Parker stated we have a slight conflict of
what the duties are of the two boards, the City Council and the BOPW. This
needs to get straightened out first before we proceed with this ordinance
regarding the ATVs and UTVs at Crystal Springs. Council member Kelly Davis
stated the matter of the ATVs had been brought up to the BOPW about six
months ago and nothing has been done.
Mayor Ward stated we have two
conflicting ordinances now and we need to get this straightened out. Bender
stated at the end of all of the City’s ordinances it states that it repeals
any conflicting ordinances; so this ordinance would repeal the ordinance in
question. Mayor Ward stated the BOPW has the control over Crystal Springs,
as per Ordinance No. 2857, and feels the recommendation should come from the
BOPW to the City Council. Brown asked why the City Police go out to Crystal
Springs. Bender stated the City owns Crystal Springs, the BOPW is in
control of Crystal Springs, but the City Council is over the BOPW and the
City Council has the final word and are the final ones responsible. Bender
stated the City Council can still initiate something since the City Council
has the final word; the City Council hasn’t done anything wrong. Bender
stated the City Council can go ahead and do the second reading of the
ordinance to keep this going; and if something needs to be changed they
don’t have to do the third reading. Mayor Ward stated that the City
Attorney David Bargen had suggested this be corrected so the other ordinance
isn’t considered. (Bargen was not in attendance this evening because of the
bad weather.) Parker quoted from Parker’s email to Bargen in which Parker
stated “nothing too serious I don’t think but everyone needs to know which
body or possibly both bodies need to be at the forefront in approving rules
for Crystal Springs”. Parker stated the BOPW would offer suggestions,
ordinances, etc. and would come to the City Council for approval for
anything regarding Crystal Springs. Parker stated this is the way Bargen
said it should work according to Ordinance No. 2857. Bender moved to give
second reading to Ordinance No. 3005. Motion seconded by Brown.
On roll call Polson, Bailey, Carmichael,
Brown, Vossler, Bender, Kuzelka, and Davis voted “yes.” Motion carried.
Little Blue Area
Development Corporation member Tim Polson reminded everyone to meet in the
Council chambers on February 13, 2011 at 1:00 p.m.; they will then go out to
pick up the Community Needs Assessment Surveys that have not been returned.
Bender
moved to adjourn the meeting. Motion seconded by Polson. On roll call,
Polson, Bailey, Carmichael, Brown, Vossler, Bender, Kuzelka, and Davis voted
“yes.” Motion carried. Meeting adjourned at 7:50 p.m.
Homer
L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
