Regular Meeting
February 6, 2007
The
Mayor and Council of the City of Fairbury met in regular session in the
Council Chambers, 612 D Street, Fairbury, Nebraska, on the 6th
day of February, 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 is
posted in the Council Chambers as required by law.
Roll call found the following Council Members present: Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson.
Mayor Mueller read the Consent Agenda. (1) Approval of the minutes of the
regular meeting of January 16, 2007. (2) Approval of the minutes of the
special meeting of January 30, 2007. (3) Approval of claims. Byrd 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 the public hearing concerning the One & Six
Year Street Improvement Plan for February 20, 2007, at 7:30 p.m. Motion
seconded by Trimm. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Bender made a motion to set the public hearing concerning the nuisance
property owned by Keri M. Craig, located at 605 6th Street,
Fairbury, Nebraska, for March 6, 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.
Phillips made a motion to set the public hearing concerning an application
for a Class C Liquor License as submitted by Rod Schoenrock, dba Rowdy’s
Steakhouse, for February 20, 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.
Mayor Mueller opened the public hearing concerning the proposed
Redevelopment Plan and Redevelopment Contract with Red Oak Properties LLC
for Tax Increment Financing (TIF) in the area legally described as Lot 1,
Block 3, Fairbury Industrial Park, an addition to the City of Fairbury,
Jefferson County, Nebraska. City Administrator Jim Ferneau informed the
Council that this issue concerns TIF for the property where Dollar General
is located and detailed the TIF process. No one else spoke either in favor
of or in opposition to the matter. Mayor Mueller declared the hearing
closed.
Mayor Mueller opened the public hearing concerning the semi-annual Local
Option Sales Tax (LB840) Program review. Michael R. Beachler, chairman of
the Citizens Advisory Review Committee, submitted the Program Review Report
for July 1, 2006 through December 31, 2006. The report stated applications
for funding during said time period were as follows: four applications
received, five applications processed, one application denied, no
applications pending, and five applications approved/funded. Beachler
stated Fairbury’s Economic Development Plan provides for a detailed
two-phase application process. Phase 1 requires the following: 1. Submittal
of a detailed description of the proposed project. 2. Submittal of a
business plan with employment and financial information. 3. Submittal of a
completed City of Fairbury Local Option Municipal Economic Development
Application. Beachler stated discrepancies were that none of the applicants
submitted the required application (step 3), one applicant did not submit
their financial information (step 2), and one applicant failed to submit a
business plan (step 2). Beachler stated that discrepancies within Phase 2
of the application process were discovered as well. Beachler stated no
application is to come before the City Council for consideration unless it
has been properly negotiated and approved by the Program Administrator;
Beachler stated one application was disapproved for funding but was brought
to the City Council for consideration regardless, therefore violating the
process for approval as set forth by the City’s Economic Development Plan.
Beachler stated the committee recommends a funding application be developed
that conforms to State Code as well as the requirement of the local economic
development plan, that submittal of such application be accompanied by a
business description that verifies the business satisfies the goals and
intentions of the program, a business plan for the project, income
statements covering the last three years and pro forma for the next three
years, financing requirements and commitments from financial institutions
and investors relating to the project and its purpose for being funded, and
information on key management and employees and their experience related to
the project. Beachler stated the committee also suggests the applications
contain all the information as suggested by the Nebraska Department of
Economic Development, that applications for funding not be considered until
all required information is gathered, that no application be considered by
the Council unless it has been approved by the Program Administrator, and
that a nine-step model for LB840 Local Option Sales Tax Business Assistance
Process be adopted. Joe Casson addressed the Council as legal counsel for
the Jefferson County Economic Development Corporation (JCEDC), stating
Fairbury’s Economic Development Plan has been evolved over time to address
various needs, but that voters were originally told that no money would be
distributed from the fund without the approval of the city council. Casson
stated that as Program Administrator, JCEDC is to be a screening body only
for applications and that the Council has final decision. Casson stated
that if the suggestions of the Citizens Advisory Review Committee were
enacted, the authority for final funding determination would be taken away
from the city council. No one else spoke in regards to the matter. Mayor
Mueller declared the hearing closed.
Fry
made a motion to approve the appointment of George Phillips to the Safety
and ADA Committee. Motion seconded by Bender. On roll call, Brown, Byrd,
Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Phillips abstained.
Motion carried.
The
Council considered a request from the Police Department for permission to do
a Ride-Along Program. Doug Klaumann, Officer in Charge, informed the
Council that a high school student who is competing in a Skills USA program
would like to job shadow at the police department. Klaumann requested
permission to have the student ride along in a patrol car and also asked
that dispatchers be allowed to ride with police officers. Klaumann stated
persons riding along would not be allowed to go on calls that are
potentially dangerous and that a waiver must be signed by the person (parent
or guardian if not an adult) releasing the City from liability if something
would happen. Bender stated allowing people to ride along with officers
gives people a chance to see what goes on with the officers and is a very
good learning experience. Trimm suggested placing a limit on the frequency
that a person could ride along such as once every 30 days. Bender made a
motion to approve the recommendation of the Public Safety Committee to
approve a student riding along, with the contingency that City Attorney Tim
Noerrlinger reviews and approves the waiver. Motion seconded by Fry. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Bender made a motion to approve a request from Carolyn Smith for an increase
in monthly salary for city office cleaning services from $240 per month to
$260 per month. Motion seconded by Byrd. On roll call, Brown, Phillips,
Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
The
Council discussed holding a special meeting on Economic Development.
Ferneau advised the Council they need to consider how they want to pursue
future economic development. Ferneau stated the contract with JCEDC for
program administration expires April 30, 2007. Ferneau suggested a special
meeting be held for the purpose of discussing economic development and LB840
Program plan and administration. The Council discussed when this meeting
should be held. Council agreed to hold the meeting on February 26, 2007 at
7:00 p.m.
At
the request of Rachel Collier, the Council discussed Ordinance No. 2941,
Section 94.03: Unusual Animal Definition. Noerrlinger advised Ordinance No.
2941 defines unusual animals and says wolves and wolf hybrids are not
allowed within the city limits. Noerrlinger stated the Police Department
received a complaint of Collier having wolf hybrid dogs; the Police
Department contacted Collier, verified she had wolf hybrids, and informed
her they are illegal within city limits. Collier addressed the Council and
questioned when Ordinance No. 2941 was passed into law. Collier was
informed Ordinance No. 2941 was adopted by the Council June 20, 2006.
Noerrlinger stated Ordinance No. 2941 contains no grandfather clause.
Collier stated she has hybrid puppies that are four weeks old and cannot be
weaned until they are eight weeks old. Bender stated she wouldn’t ask
Collier to get rid of the puppies before they were ready to be weaned.
Collier stated she is trying to find a place outside of the city limits but
needs time to do so. Klaumann stated the Humane Society could possibly
assist with the situation and advised that if nothing is done to remedy the
situation, the Police Department will continue to receive complaints.
Noerrlinger advised the hybrids could be sold outside of the city limits.
Trimm made a motion to grant Collier a thirty-day extension to remove the
wolf hybrid dogs from the city limits. Motion seconded by Phillips. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Phillips made a motion to accept a letter of resignation from Craig J.
Shumard, M.D. as City Physician. Motion seconded by Brown. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
The
Council considered Resolution No. 646 creating a special committee
consisting of the entire council to negotiate terms of a Memorandum of
Understanding (MOU) for an LB840 grant to Fairbury Steaks, Inc. Noerrlinger
stated a written request was submitted by Dennis Brown asking the Council to
rescind its action to form a special committee of the entire council and
approve the original MOU with Fairbury Steaks. Polson stated neither
Fairbury Steaks nor the City is in agreement on all the terms of the current
version of the MOU. Noerrlinger advised the City may not be able to enter
into any confidentiality agreement due to public records laws. Polson made
a motion to adopt Resolution No. 646. Motion seconded by Fry. On roll
call, Brown, Phillips, Byrd, Trimm, Bender, Fry, and Polson voted “yes.”
Nelson abstained. Motion carried.
Bender made a motion to adopt Resolution No. 647 creating a special
committee to plan the next phase of municipal trails development. 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 adopt Resolution No. 648 approving an amendment to a
Redevelopment Plan for the City and Agreeing to a Redevelopment Contract and
the Pledge of Taxes in a Redevelopment Area for the benefit of the Community
Redevelopment Authority and the City of Fairbury. 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 adopt Resolution No. 649 creating a special
committee to develop the Tourism TV Video. Motion seconded by Fry. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried.
Ordinance No. 2956 pertaining to business regulations, gas distribution, and
tax was removed from consideration at the request of Aquila, Inc.
Ordinance No. 2957 granting Aquila, Inc., a nonexclusive franchise was
removed from consideration at the request of Aquila, Inc.
A
goal setting work session was held. Ferneau stated that financially, not
everything on the list could be done. Nelson stated he believed finances
need to be a top priority. Ferneau agreed that cash reserves are too low.
Mayor Mueller emphasized the need to continue with city clean-up efforts,
prioritize budget, establish a community foundation, and revise the Employee
Handbook. Ferneau stated the City needed to get to a balanced budget that
contains more capital improvements. Infrastructure, paving, and vehicle
needs were discussed. Property tax rates were discussed. Mayor Mueller
stated 63% of the City’s budget goes to employee salaries and benefits;
Ferneau stated the City cannot address the financial situation without
considering personnel. Also discussed were sanitation disposal fees,
outsourcing of sanitation services, exploration of annexation, and positive
community promotion.
Ferneau reported that a joint meeting between the City Council and the Board
of Public Works would be held March 13, 2007. Ferneau requested
Councilmembers arrive early to the next meeting so that Tom Russell could
show them how to use the new sound system.
Byrd made
a motion to adjourn the meeting. Motion seconded by Trimm.
On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried. Meeting adjourned at 9:38 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
