Regular Meeting
February 5, 2008
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 February, 2008, at 7:30 p.m. Mayor LaVeda L. Fry 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, Friesen, Byrd,
Trimm, Nelson, Schacht, and Polson. Absent: Bender.
Mayor
Fry called for the submittal of forms to request future agenda items. No
forms were submitted during the meeting.
Mayor
Fry read the Consent Agenda:
1.
Approval
of the minutes of the regular meeting of January 15, 2008.
2.
Approval
of claims.
3.
Approval
of the appointment of Nick Schacht to serve on the Planning Committee and
Public Works Committee.
4.
Approval
of the appointment of Doug Brown to the Safety Committee.
5.
Approval
of the resignation of Kevin Wagner from the Housing Committee.
6.
Submittal and approval of the Fairbury Housing Authority Annual Report.
7.
Approval
of the resignation of Tami Dandliker as City Clerk/Treasurer.
Brown
made a motion to approve the Consent Agenda. Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted
“yes.” Bender was absent. Motion carried.
Nelson
made a motion to set a public hearing concerning a Request for Special Use
Permit (SUA-2007-005) from Nathan Francis for a home occupation (taxidermy)
at the residence located at 2505 H Street, for February 19, 2008 at 7:30
p.m. Motion seconded by Byrd. On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Schacht, and Polson voted “yes.” Bender was absent. Motion
carried.
Byrd
made a motion to set a public hearing concerning the City of Fairbury,
Nebraska 1 & 6 Year Street Improvement Plan for 2008-2013 for February 19,
2008 at 7:30 p.m. Motion seconded by Nelson. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Schacht, and Polson voted “yes.” Bender was absent.
Motion carried.
Trimm
made a motion to set a public hearing concerning LB840 funding for paving 24th
Street and Industrial Drive for February 19, 2008 at 7:30 p.m. Motion
seconded by Polson. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Schacht, and Polson voted “yes.” Bender was absent. Motion carried.
Mayor
Fry opened the public hearing for the semi-annual review of the Local Option
Sales Tax for Economic Development (LB840) Program. No one came forward to
speak on the matter. Mayor Fry declared the hearing closed.
Mayor
Fry opened the public hearing concerning an Application for a Class C Liquor
License as submitted by James & Ruth Johnson, dba Chuckles, located at 513 4th
Street. No one spoke in favor of or in opposition to the application.
Mayor Fry declared the hearing closed. Byrd made a motion to recommend to
the Nebraska Liquor Control Commission approval of the application. Motion
seconded by Trimm. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Schacht, and Polson voted “yes.” Bender was absent. Motion carried.
Trimm
made a motion to reopen the public hearing on the semi-annual review of the
Local Option Sales Tax for Economic Development (LB840) Program. Motion
seconded by Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Schacht, and Polson voted “yes.” Bender was absent. Motion carried.
Michael R. Beachler of the Citizens Advisory Review Committee reported on
the period from July 1, 2007 to December 31, 2007, stating 4 applications
were received, 4 applications were processed, 0 applications were denied, 2
applications were approved, 0 applications are pending, 2 applications are
approved/funded, and 0 applications were denied. Beachler stated no
discrepancies were found in the program as reviewed. Beachler concluded by
stating at the time the committee met, one loan was delinquent but that it
has since been made current. Mayor Fry declared the hearing closed.
Brian
Blobaum of Blobaum & Busboom P.C. presented the results of the 2006-2007
Fiscal Year audit and year end Financial Statements. Blobaum stated his
report issues a clean opinion of the City’s Financial Statements and that he
believed they are free of material misstatement. Blobaum cited internal
control deficiencies as lack of separation of duties and the lack of
expertise to detect errors in financial statements. Blobaum stated
governmental auditing standards may reach the point where the City will need
to hire two sets of accountants; one to prepare statements and another to
audit the statements. Blobaum cited the following compliance and internal
control items: existing LB840 loans when the Economic Development Program
does not allow for loans; the Community Redevelopment Authority’s use of the
City’s federal identification number when they should be considered a
separate entity; misclassifications within the payroll system; the absence
of homestead exemption payments from the County Treasurer which should have
been detected throughout the course of the year; and a shortage of Keno
funds received from the City’s Keno Operator. Blobaum concluded by stating
the City’s net cash position shows an increase of $136,878, which is the
first increase in several years and indicates a good trend.
City
Administrator Jim Ferneau reported on the Economic Development Committee’s
discussion of LB840 renewal. Ferneau stated the Committee recommends a
steering committee be developed that is a cross-section of the community as
a whole. The Committee also recommended some changes to the Economic
Development Plan language in addition to the creation of a special
infrastructure fund. Ferneau advised that with the March 2009 sunset of the
City’s current LB840 plan, it is important to take steps to form a group
soon that would push this matter forward.
Superintendent of Utilities Michael Beachler requested permission to go out
for bids on a new backhoe for the Water Department. Beachler stated a
backhoe with more horsepower and an extend a hoe is needed. Beachler also
stated trade-in value on the backhoe the City currently owns is included in
the bid specs. Byrd made a motion to grant the Board of Public Works
permission to go out for bids on a new backhoe. Motion seconded by Polson.
On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted
“yes.” Bender was absent. Motion carried.
Trimm
made a motion to enter into a contract with Southeast Nebraska Development
District (SENDD) in the amount of $1100 for Grant Administration services
for the Housing Market Study CDBG. Motion seconded by Nelson. On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted “yes.”
Bender was absent. Motion carried.
Letters
concerning the City’s fireworks sales and ignition period were received from
Robert Brackle and from the Fairbury Optimist Club. Brackle requested the
period be extended to six days; the Optimists requested the current four day
period be maintained. The council agreed they are satisfied with the
current four day period; the issue died for lack of action.
Trimm
made a motion to approve City Attorney Tobias Tempelmeyer’s representation
of former Mayor Eugene Mueller and former Council Member George Phillips in
the Fairbury Steaks, Inc., lawsuit. Motion seconded by Byrd. Tempelmeyer
stated no additional expense will be incurred as he is already representing
the Council as a whole. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Schacht, and Polson voted “yes.” Bender was absent. Motion carried.
Mayor
Fry read by title Ordinance No. 2968:
AN ORDINANCE TO
AMEND THE ZONING MAP FOR THE CITY OF FAIRBURY, JEFFERSON COUNTY, NEBRASKA BY
CHANGING THE ZONING OF PROPERTY LEGALLY DESCRIBED AS LOT ONE (1), BLOCK ONE
(1), PRAIRIE DOG SUBDIVISION TO THE CITY OF FAIRBURY, JEFFERSON COUNTY,
NEBRASKA, FROM “LI” LIGHT INDUSTRIAL DISTRICT, TO “HC” HIGHWAY COMMERCIAL
DISTRICT; TO REPEAL CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM AND FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
Byrd made a motion to give third reading
to Ordinance No. 2968.
Motion seconded
by Nelson. Trimm made a motion for final passage of Ordinance No. 2968.
Motion seconded by Byrd. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted
“yes.” Bender was absent. Motion carried.
Mayor Fry read by
title Ordinance No. 2970:
AN
ORDINANCE TO ESTABLISH WATER RATES; TO AMEND ORDINANCE No. 2932; TO REPEAL
CONFLICTING SECTIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM AND FOR AN
EFFECTIVE DATE OF THIS ORDINANCE. Nelson made a motion to give third
reading to Ordinance No. 2970. Motion seconded by Brown.
On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted “yes.”
Bender was absent. Motion carried. Byrd made a motion for final passage of
Ordinance No. 2970. Motion seconded by Polson. On roll call, Brown,
Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted “yes.” Bender was
absent. Motion carried.
Mayor
Fry read by title Ordinance No. 2971:
AN ORDINANCE TO
ESTABLISH SEWER RATES; TO AMEND ORDINANCE No. 2933; TO REPEAL CONFLICTING
SECTIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM AND FOR AN EFFECTIVE
DATE OF THIS ORDINANCE. Trimm made a motion to introduce Ordinance No. 2971
and provide for its first reading. Ferneau stated due to time constraints
and the small change to this ordinance, it would be best to pass all three
readings. Trimm amended his motion to be to introduce Ordinance No. 2971
and suspend the statutory three readings rule. Motion seconded by Nelson.
On roll call, Brown, Friesen, Byrd,
Trimm, Nelson, Schacht, and Polson voted “yes.” Bender was absent. Motion
carried. Byrd made a motion for final passage of Ordinance No. 2972.
Motion seconded by Friesen. On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Schacht, and Polson voted “yes.” Bender was absent. Motion
carried.
Mayor
Fry read by title Ordinance No. 2972: AN ORDINANCE TO
ADD DIVISION
ENTITLED “TELECOMMUNICATION OCCUPATION TAX” AND SECTIONS 110.08, 110.09,
110.10, 110.11, 110.12, 110.13, 110.14, and 110.15 OF THE FAIRBURY CITY
CODE, TO REPEAL CONFLICTING ORDINANCES; AND TO PROVIDE FOR PUBLICATION IN
PAMPHLET FORM AND FOR AN EFFECTIVE DATE OF THIS ORDINANCE. Nelson made a
motion to introduce Ordinance No. 2972 and provide for its first reading.
Motion seconded by Brown.
On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Schacht, and Polson voted “yes.” Bender was absent. Motion
carried.
City
Attorney Tobias Tempelmeyer advised the Council that the motions on
Ordinance No. 2968 needed to be redone because they had failed to vote on
one of the motions. Mayor Fry read by title Ordinance No. 2968:
AN ORDINANCE TO
AMEND THE ZONING MAP FOR THE CITY OF FAIRBURY, JEFFERSON COUNTY, NEBRASKA BY
CHANGING THE ZONING OF PROPERTY LEGALLY DESCRIBED AS LOT ONE (1), BLOCK ONE
(1), PRAIRIE DOG SUBDIVISION TO THE CITY OF FAIRBURY, JEFFERSON COUNTY,
NEBRASKA, FROM “LI” LIGHT INDUSTRIAL DISTRICT, TO “HC” HIGHWAY COMMERCIAL
DISTRICT; TO REPEAL CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM AND FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
Byrd made a motion to give third reading
to Ordinance No. 2968.
Motion seconded
by Nelson.
On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted “yes.”
Bender was absent. Motion carried. Nelson
made a motion for
final passage of Ordinance No. 2968. Motion seconded by Byrd.
On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted “yes.”
Bender was absent. Motion carried.
Ferneau
reported that Tuesday, March 11, 2008 is the regularly appointed time for
the joint meeting of the City Council and the BOPW. Ferneau also reported
that the Public Works Committee will be meeting February 13th and
February 20th at 6:00 p.m. both evening, to review Requests For
Qualifications for City Engineer.
Mayor
Fry thanked City Clerk/Treasurer Tami Dandliker for her service to the City.
Polson
reported the Finance Committee is working on a new contract for Transfer
Station waste disposal services.
Trimm
made a motion to enter into closed session for the purpose of discussing
pending litigation, designating individuals to remain as Mayor Fry; Council
Members Brown, Byrd, Friesen, Trimm, Nelson, Schacht, and Polson; City
Attorney Tobias Tempelmeyer; City Administrator Jim Ferneau; and City Clerk
Tami Dandliker. Motion seconded by Brown. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Schacht, and Polson voted “yes.” Bender was absent.
Motion carried. Mayor Fry restated the subject matter to be discussed would
be limited to pending litigation and announced the time to be 8:35 p.m.
Polson
made a motion to enter into open session at 8:57 p.m. Motion seconded by
Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and
Polson voted “yes.” Bender was absent. Motion carried. Mayor Fry stated
the subject matter discussed while in closed session was pending
litigation. No action was taken.
Polson
made a motion to adjourn the meeting. Motion seconded by Byrd. On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Schacht, and Polson voted “yes.”
Bender was absent. Motion carried. Meeting adjourned at 8:58 p.m.
LaVeda L. Fry, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
