Regular Meeting
May 6, 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 6th
day of May, 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, Bender, Schacht, and Polson.
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 April 15, 2008.
2.
Approval of the minutes of the special meeting of April 24, 2008.
3.
Approval of claims.
4.
Approval of the reappointment of Beryl Lueders to the Fairbury
Housing Authority Committee; term to expire May 2013.
Trimm made a motion to approve the Consent Agenda. Motion seconded by
Byrd. Friesen stated he would abstain from voting due to a conflict of
interest with a claim. On roll call, Brown, Byrd, Trimm, Nelson, Bender,
Schacht, and Polson voted “yes.” Friesen abstained. Motion carried.
Mayor Fry opened the public hearing concerning Michael W. Schlick/Deloris J.
Bower property located at 806 Maple Street. Police Chief Brooks Bryan gave
a power point presentation on the Schlick property. He showed comparison
pictures from April 15, 2008 and May 6, 2008. Michael Schlick came before
the council. He realizes his property looks bad. He has been working on it
but it has taken longer as he has been working 12 hour days, 6 days a week;
so he hasn’t had much time to get it completely taken care of. Schlick
would like to have a one month extension to get it done. He’s also waiting
on income tax money to get his pickup repaired and to tidy up the property
more. Mayor Fry asked Schlick if he would be able to get it cleaned up in
one month; which he stated that he will try real hard to get it done. Mayor
Fry stated she really wants it to get cleaned up as it’s on the main road
going to Crystal Springs; that a lot of people coming to town see this on
the way to Crystal. Schlick mentioned other properties that are as bad as
his; that nothing has been done to them. Bryan said he would go along with
the one month extension as he has gotten his pickup registered; but he would
keep monitoring the progress. Mayor Fry declared the hearing closed.
Mayor Fry opened the public hearing concerning Siebert Communications, Inc.
project for LB840 funds. David Taladay, Program Administrator with
Southeast Nebraska Development District (SENDD) stated it is a $60,000.00
“performance based grant”. Councilman Chad Nelson wanted to know if this is
to create three new full time jobs. Taladay stated they will create at
least three new jobs and will maintain those jobs for at least thirty-six
months. Councilman Ron Byrd wanted to make sure that the jobs would be in
Fairbury and not Beatrice. Taladay stated the proposal states only
employment positions in the Fairbury location would count toward
satisfaction of the job creation and retention. They will also have to
document purchase of building; document contracts for renovations and
document expenditures. Councilman Tim Polson wanted to know what security
they would use for the funds. Taladay stated they would have a promissory
note and a deed of trust on the property. Mayor Fry declared the hearing
closed.
Mayor Fry opened the public hearing concerning Fairbury Cycles, Inc. project
for LB840 funds. Taladay stated it is a $60,000.00 “performance based
grant”. This project will also create a minimum of three full time jobs for
at least thirty-six months. They will also document purchase of an existing
franchise and inventory; document purchase of building at 710 D Street; a
promissory note, a deed of trust on the property, UCC filing and security
agreement on equipment. Nelson wanted to know what would happen if all the
conditions were not met. Taladay said it would then get paid back. Mayor
Fry declared the hearing closed.
Police Chief Brooks Bryan gave a power point presentation on the Eilts and
Duke properties. He showed pictures from May 6, 2008. Brown made a motion to
set public hearings concerning the Sydney E. Eilts property at 723 C Street
and the Jerry Duke/Jacqueline Duke property at 1305 Maple Street for June 3,
2008 at 7:30 p.m. Motion seconded by Byrd. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion
carried.
Bryan stated that the property of Peggy D. Ballanger/Don Cerveny located at
1315 D Street have met the requirements. No hearing needs to be set for
this property. Bender thanked them for utilizing the city-wide cleanup to
get this taken care of.
Byrd made a motion to set a public hearing for a Special Use Permit for
Wayne Weichel for an accessory building located at 1523 E Street for June 3,
2008 at 7:30 p.m. Motion seconded by Polson. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion
carried.
Brown made a motion to set a public hearing for the Proprietary Budget and
Budget Summary for the City of Fairbury Utilities for May 1, 2008 to April
30, 2009 for May 20, 2008 at 7:30 p.m. Motion seconded by Friesen. On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Motion carried.
Bender made a motion to approve the request from the Fairbury Chamber of
Commerce for barricading the east side of the square for Wild West Weekend
all day Friday, June 6, 2008 and barricading the streets around the square
on Saturday, June 7, 2008 for various activities and from 5th to
6th on E Street continuing to 6th from E to D Streets
for the Free Miniature Train Rides. Motion seconded by Trimm. On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Motion carried.
Bender made a motion to approve the request from Blue Valley Community
Action (BVCA) for using the west side of the downtown square on Thursday
mornings for the Farmer’s Market beginning June 19, 2008. Motion seconded
by Friesen. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender,
Schacht, and Polson voted “yes.” Motion carried.
Discussion was held regarding the Special Designated Liquor License for
Rowdy’s Steakhouse. Polson wanted to know if the distilled spirits was for
mixed drinks. Dennis Brown stated it would be wine coolers. Byrd made a
motion to approve the Special Designated Liquor License for Rowdy’s
Steakhouse for a beer garden/dance on June 7, 2008 for Wild West Weekend
from 4:00 p.m. until 1:00 a.m. on the south lot of Riverside Chevrolet
located at 600 4th Street. Motion seconded by Polson. On roll
call, Brown, Friesen, Byrd, Nelson, Bender, Schacht, and Polson voted “yes.”
Trimm voted “no.” Motion carried.
Bender made a motion to approve the request from the Little Blue BBQ
Committee to use the City Park from September 4 through 6, 2008. The
Fairbury Chamber of Commerce is sponsoring the event. Motion seconded by
Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht,
and Polson voted “yes.” Motion carried.
Discussion was held
regarding the Special Designated Liquor License for TrailBlazers. Bender
wanted to know if the distilled spirits was for wine coolers also. Jon
Eisenhauer stated it would be for mixed drinks. Polson wanted to know if we
ever had beer and mixed drinks before for a permit. Trimm asked what
precautions would be taken for minors. Eisenhauer said they would be
checking at the gate; arm bands on those over 21; and would have bouncers
checking to make sure no minors. Byrd made a motion to approve the Special
Designated Liquor License for JonEisenhauer/TrailBlazers for a beer
garden/dance on June 6, 2008 for Wild West Weekend from 5:00 p.m. until 1:00
a.m. on E Street between 3rd & 4th Streets and
barricading the street at 8:00 a.m. Motion seconded by Brown. On roll
call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted
“yes.” Motion carried.
Discussion was held
regarding advertising for a police officer. Bryan made the statement he
wants an experienced officer that is certified that could come in at a level
three; hoping they wouldn’t have to hire someone they would have to send
through the training center. Trimm made a motion to advertise for a police
officer. Motion seconded by Byrd. On roll call, Brown, Friesen, Byrd,
Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Sheriff Nels Sorensen
gave a power point presentation on the proposed jail expansion. They
started the project four years ago. September 2006 they completed Phase I.
It was to be done in three phases; but will get done in two phases. They
want to build a fifty bed facility with a justice center in one location.
They have a security problem with the courthouse having six entrances. The
jail population is growing in Jefferson County. This expansion would be an
economic benefit to the community. With the new facility, they would
increase the staff by 10-12. The levy would be 8-8 ½ cents; which would be
$80-$85.00 on $100,000.00 valuation. The proposed expansion bond issue is
on the ballot for the May 13, 2008 election.
City Administrator Jim
Ferneau discussed naming the Softball Association as the Project Manager for
the restroom facility construction at the softball field. The City had
received bids late last fall that came in higher than expected. This would
allow them to get separate bids as subcomponent bids to compare; to see if
they can save money. Some of the work would be done on a donated basis.
This would all come back to the council for them to approve the bids.
Bender made a motion to name the Softball Association as the Project Manager
for the restroom facility construction at the softball field. Motion
seconded by Polson. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Bender, Schacht, and Polson voted “yes.” Motion carried.
Trimm made a motion to
approve going out for bids for the restroom facility at the softball fields,
with bids to be received by May 29, 2008 at 1:00 p.m. at City Hall. Motion
seconded by Nelson. On roll call, Brown, Friesen, Byrd, Trimm, Nelson,
Bender, Schacht, and Polson voted “yes.” Motion carried.
Nelson stated the
recommendation from the Finance Committee regarding the satisfaction of the
JCEDC’s $150,000.00 note of LB840 funds that goes into default July 2008.
He stated partial satisfaction of the note as: Fairbury Cycles purchasing
the Even Temp building for $84,000.00 less the two deeds of trusts in the
amount of $22,800.00 with net proceeds of $61,200.00 less closing costs of
approximately $500.00 would have net proceeds of $60,700.00. If we would
take satisfaction for half of the loan in the amount of $75,000.00 less the
proceeds of $60,700.00; this would leave a balance of $14,300.00. We would
make a zero percent loan for 5 years with a payment of approximately $250.00
monthly. Kent Preston stated forgiving a portion of the loan may harm LB840
in the future. The public may not vote in favor of it again. Joe Casson,
attorney for JCEDC spoke in behalf of them. The note originated in
conjunction with the Crossroads project and the #2 spec building. Casson
stated the business failed and the Economic Development was left to pay the
loan. When the loan was made, no collateral was pledged. They have no
ability to repay the loan -- he asked if the City wanted to salvage
something out of this. He stated the options are the City getting the Even
Temp building; negotiate a settlement; forgive note; extend the note another
five years; or let it go into default in July and go to court. Casson
stated the City no longer supports the JCEDC so they have difficulty paying
anything on the loan. Trimm stated if they paid their loan then we would
have the money to pay our dues to the organization. Nelson stated that
JCEDC has another reuse loan with the City that they are current on payments
and thought they could pay a little more if we made a note for the
$14,300.00. Casson stated he didn’t think they could pay anymore since they
don’t have a tenant in the building paying rent to help make the payments.
Julie Earhart, JCEDC director, stated they had 20 full time employees over
the 9 years they were here which generated $400,000.00 ($20,000.00 per
employee). Earhart stated if this would have been an LB840 “performance
based grant” like it should have been, they would have well exceeded the
expectations of that contract. Nelson made a motion to have the net proceeds
of $60,700.00 from the sale of the Even Temp Building and a zero percent
loan for five years for the $14,300.00 on monthly payments and forgive the
rest of the loan in the amount of $75,000.00. Motion seconded by Brown. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson
voted “yes.” Motion carried.
Bender made a motion to
adopt Resolution No. 684 levying and assessing various fees and charges for
usage of the municipal swimming pool and amending Resolution 635 in regards
to municipal swimming pool fees with the amendments recommended by the
Finance Committee; would all be the same except the Single Season Pass would
increase from $35.00 to $40.00 instead of $50.00 and the Family Season Pass
would increase from $65.00 to $70.00 instead of $85.00. Motion seconded by
Trimm. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht,
and Polson voted “yes.” Motion carried.
Brown made a motion to
adopt Resolution No. 685 obligating LB840 funds to Fairbury Cycles, Inc. for
a “performance based grant” of $60,000.00 under specified conditions.
Motion seconded by Trimm. On roll call, Brown, Friesen, Byrd, Trimm,
Nelson, Bender, Schacht, and Polson voted “yes.” Motion carried.
Nelson made a motion to
adopt Resolution No. 686 obligating LB840 funds to Siebert Communications,
Inc. for a “performance based grant” of $60,000.00 under specified
conditions. Motion seconded by Friesen. On roll call, Brown, Friesen,
Byrd, Trimm, Nelson, Bender, Schacht, and Polson voted “yes.” Motion
carried.
Trimm made a motion to
adopt Resolution No. 687 with the amendment of a thirty day extension
ordering Michael W. Schlick and Deloris J. Bower to remedy said public
nuisance on the property located at 806 Maple Street, Fairbury, Nebraska.
Property legally described as: Lots 13 and 14, Block 4, Rochelle Place
Addition of Fairbury, Jefferson County, Nebraska. Motion seconded by Byrd.
On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and
Polson voted “yes.” Motion carried.
Mayor Fry read by title Ordinance No. 2973: An ordinance to add Section
71.77 regarding All-Terrain Vehicles to the Fairbury City Code; to repeal
all other conflicting ordinances or parts of ordinances; to provide for
publication in pamphlet form and for an effective date of this ordinance.
Trimm made a motion to give third reading to Ordinance No. 2973. Motion
seconded by Nelson. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, and
Schacht voted “yes.” Bender and Polson voted “no.” Motion carried. Trimm
made a motion for final passage of Ordinance No. 2973. Motion seconded by
Nelson. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, and Schacht
voted “yes.” Bender and Polson voted “no.” Motion carried.
Mayor Fry read by title Ordinance No. 2974: An ordinance to amend Sections
150.50 and 150.51 of the Fairbury City Code; to adopt the International
Property Maintenance Code (IPMC) 2006 edition, published by the
International Code Council with amendments; to repeal sections, 150.52,
150.53, 150.54, and 150.55 the Fairbury City Code and all other conflicting
ordinances or parts of ordinances; and to provide for publication in
pamphlet form and for an effective date of this ordinance. Friesen made a
motion to give second reading of Ordinance No. 2974. Motion seconded by
Polson. On roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, and
Polson voted “yes.” Motion carried.
Within the City Administrators report, Ferneau mentioned a letter received
from John McKee, Director of Jefferson County Emergency Management. There
is a Hazard Mitigation meeting, May 28, 2008 at 7:00 p.m., at the community
building which they would like to have at least two representatives from the
different organizations. This is a multi county planning process/grant
funds. Ferneau also stated their will be a ribbon cutting May 22, 2008 at
1:00 p.m. at the Fairbury City Museum for the grand opening of the school
museum. He also mentioned that we have received the trees from the Heritage
Nursery in the amount of $915.00 of which Aquila donated $500.00 towards the
purchase of trees for the parks. The remaining $415.00 will come out of the
Hardy Trust. The trees were planted on Arbor Day. Ferneau also mentioned
filling the assistant street superintendent’s position. It will be offered
internally first. The job description will go to the personnel committee.
Within the Mayor’s report, Fry commended every one for all their help with
the city-wide cleanup; they did a real good job. They had 86+ tons of trash.
Byrd made a motion to adjourn the meeting. Motion seconded by Bender. On
roll call, Brown, Friesen, Byrd, Trimm, Nelson, Bender, Schacht, and Polson
voted “yes.” Motion carried. Meeting adjourned at 9:08 p.m.
LaVeda L. Fry, Mayor
ATTEST:
Sharyl Preston, City Clerk
