Regular Meeting
July 21, 2009
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 21st day of
July 2009, 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, Ed Friesen, Ron Byrd, Don
Trimm, Beryl Lueders, Shirley Bender, and Brad Kuzelka. Absent: 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 July 7, 2009.
2.
Approval of claims.
3.
Approval of the June 2009
Reconciliation Report.
4.
Approval of the appointment of
Carol Steele to the Board of Adjustment as an Alternate. Term to expire May
2012.
5.
Approval of the appointment of
Bill Runge to the Planning Commission. Term to expire Sept. 2010.
6.
Approval of the resignation of
Beryl Lueders from the Fairbury Housing Authority Board.
Bender moved to approve
the Consent Agenda. Motion seconded by Kuzelka. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, and Bender voted “yes.” Davis
absent.
Motion carried.
Mayor Ward conducted
the public hearing concerning an application to the Nebraska Department of
Economic Development (NDED) for an Affordable Housing Program (AHP) Grant.
David Taladay, Programs Manager with Southeast Nebraska Development District
(SENDD), stated the City had earlier authorized a marketing project to see
if a number of homeowners might be interested in such an activity. They
have received over a dozen preapplication forms from apparently eligible
homeowners. Taladay stated they believe that an application for funds for a
Citywide Housing Rehabilitation Program would be appropriate in response to
the results of the Housing Market Study recently completed in the City and
the apparent interest from homeowners. Taladay stated with this application
the City would be requesting a total of $273,000.00 in AHP funds to
implement a Citywide Housing Rehabilitation Program for owner-occupied
homes. At least ten homes within the City will be rehabilitated under this
program if approved. The funding should be awarded in September or October;
if funded this project could start by January or February of next year. No
one else addressed the Council during the public hearing. Mayor Ward
announced the next agenda item.
Bender
moved to set a Public Hearing for the Semi-Annual Review of the Local Option
Sales Tax for Economic Development (LB840) Program for August 4, 2009 at
7:30 p.m. Motion seconded by Friesen. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, and Kuzelka voted “yes.” Davis absent. Motion
carried.
Bender moved to set a
Public Hearing concerning a request for a Special Use Permit (SU-2009-04)
from Jamalynn Barnett for a home occupation (bait shop) at the residence
located at 816 K Street for August 4, 2009 at 7:30 p.m. Motion seconded by
Kuzelka. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Kuzelka, and Bender voted “yes.” Davis
absent. Motion carried.
Bender moved to set a
Public Hearing regarding amending the City of Fairbury Zoning Regulations to
provide for locating child care homes and child care centers in residential
and commercial zoning districts in the City of Fairbury for August 4, 2009
at 7:30 p.m. Motion seconded by Friesen.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, and Bender voted “yes.” Davis absent. Motion carried.
Dan Duren with Benefit
Management was present to discuss the Health Insurance renewal rates which
will be effective August 1, 2009. He has been working with the Health
Insurance Committee the last sixty days. The initial rate increase with
BCBS was 20%; they’ve gotten it down to 7.17% overall. The Health Insurance
Committee recommended changing to the Blue Freedom Option #3. The
Traditional Plan would stay $250.00 deductible for employee and $500.00
deductible for family; after deductible the insurance company would pay
90/10 (before it was 80/20); a prescription drug card will be added
$5/$25/$40/$65 (before, the prescriptions went towards the deductible/no
drug card; now they will not go towards the deductible); and will now have
$20.00 office visit copays. The HSA Plan the deductible will be $2,000.00
for single and $4,000.00 for family (before the deductible was originally
$1,500.00/$3,000.00; last year it was raised to $4,000.00/$8,000.00). The
Health Insurance Committee recommends doing away with Cypress, the self
insuring portion that we did this last year, with the City paying the
difference between the $1,500.00 and $4,000.00 and the $3,000.00 and
$8,000.00. After the deductible is met with the HSA Plan, BCBS pays 100%.
The City will put an additional $500.00 for single and $1,000.00 for family
into the employees HSA accounts to help cover the increase in the
deductible. Duren stated the Health Insurance Committee and the Finance
Committee recommended the Blue Freedom Option #3 with the City putting the
additional amount in the HSA accounts. Bender questioned if the unions
needed to approve the changes. Duren stated the union contracts state
$250.00 deductible and the union representatives on the Health
Insurance Committee stated they didn’t think any negotiations would have to
be made with the unions since the City would be increasing the benefit to
the employees; they wouldn’t be decreasing a benefit they would be
increasing. Byrd moved to approve the Blue Freedom Option #3 with the City
putting the additional amounts of $500.00/single and $1,000.00/family into
the HSA accounts. Motion seconded by Trimm.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, and Bender voted “yes.” Davis absent. Motion carried.
Taladay stated he had
a joint meeting with the CDBG-Economic Development Loan Fund (EDLF) Review
Committee and the Economic Development Review Committee regarding the “Main
Street Consulting” project. He has separate minutes for each committee.
Taladay stated this project meets the requirements to use the performance
based grant from the
LB-840 fund in the
amount of $10,000.00 and also use $10,000.00 as a loan from the CDBG Reuse
fund, which has not been utilized the last couple years. The applicant will
design, construct, promote and maintain a website to a global audience and
promote local patronage. The website is live and functional. The office is
set up and marketing/sales are expected to commence in the fall of 2009.
The project involves sales of advertising and e-sales on the website as a
method of cash flow. The applicant will commit to creating one FTE job
position. Bender moved to set a Public Hearing concerning LB-840 funds to
“Main Street Consulting” for a “performance based grant” in the amount of
$10,000.00 for August 4, 2009 at 7:30 p.m. Motion seconded by Lueders.
On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Kuzelka, and Bender voted “yes.” Davis absent. Motion
carried.
Bender moved to set a
Public Hearing concerning CDBG – Reuse Loan to “Main Street Consulting” in
the amount of $10,000.00 for August 4, 2009 at 7:30 p.m. Taladay stated
this will be a loan not a grant; they will have to pay this amount back to
the City. Motion seconded by Lueders.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, and Bender voted “yes.” Davis absent. Motion carried.
Taladay stated the
Economic Development Review
Committee recommends the “TLC Creations” project for a “performance based
grant” in the amount of $20,000.00 from the
LB-840 fund as this
project meets the requirements for a grant. Taladay stated “TLC Creations”
is presently a home based business that is in expansion mode. Increased
business is allowing the owner to move to a store front facility. They will
operate in portions of “Something Old Something New” with separate and
identified operations. “TLC Creations” will serve as a “specialty party”
store for party supplies, retail sales and equipment rental. Also included
will be conference space for event planning consultations. The applicant
will commit to creating one FTE job position. Bender moved to set a Public
Hearing concerning LB-840 funds to “TLC Creations” for a “performance based
grant” in the amount of $20,000.00 for August 4, 2009 at 7:30 p.m. Motion
seconded by Byrd. On roll call,
Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, and Bender voted “yes.”
Davis absent. Motion carried.
Brown made a motion to
approve the $30,000.00 tax request from the Fairbury Airport Authority for
Fiscal Year 2009-2010. Motion seconded by Trimm. Bender questioned what
the amount was last year; Parker stated they had requested $30,000.00 but
the Council only approved $28,000.00. Sandy Decker from the Fairbury
Airport stated expenses have gone up and revenues are down since they do not
have a full time person at the airport any more. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, and Kuzelka voted “yes.” Davis
absent. Motion carried.
Brown moved to approve
the request from the Relay for Life American Cancer Society to use the
Fairbury swimming pool June 18, 2010 from 8:00 p.m. to 10:00 p.m. contingent
upon approval from the pool manager next year. Motion seconded by Bender.
On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and Kuzelka
voted “yes.” Davis absent. Motion carried.
Trimm moved to adopt
Resolution No. 730 authorizing Mayor Ward to sign all documents necessary
for the Nebraska Affordable Housing Program (NAHP) Funds. Motion seconded
by Kuzelka. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and
Kuzelka. voted “yes.” Davis absent. Motion carried.
Discussion was held
regarding Resolution No. 731 authorizing the City of Fairbury to be an
incorporator and member of the Little Blue Economic Development Corporation;
approving drafting of articles of incorporation and bylaws; approving Tim
Polson (Chairman), Justin Goranson (Treasurer), Teresa Hansmire (Secretary),
Paul Dunekacke, and Bradley Kuzelka board members as initial directors for
the Little Blue Economic Development Corporation; and approving funding.
Mayor Ward read the entire text of the Resolution. Mayor Ward stated the
initial funding needed would be in the amount of $5,000.00 for the articles
of incorporation and the bylaws. City Attorney David Bargen stated he
researched non-profit organizations and concluded the City can, pursuant to
the language of the Nebraska Non-Profit Corporation Act, be an incorporator
of the non-profit corporation, and can order the drafting of the articles of
incorporation and the bylaws which would be brought before the Council for
approval. The articles of incorporation would then be filed with the
Secretary of State. The City has had opportunities in the past, and may in
the future, to apply for funding, or to submit a proposal for an economic
development venture, where the City needed a group in place to do so; this
is the process to get started and get an economic development group off the
drawing board. Byrd moved to adopt Resolution No. 731. Motion seconded by
Bender. Kuzelka questioned the name of the Corporation. He stated at their
meeting it was decided to have “Little Blue Area Development Corporation”;
they didn’t want “Economic” or “Industrial” in the name of the Corporation.
Kuzelka moved to amend Resolution No. 731 by changing the name to Little
Blue Area Development Corporation (LBADC). Motion seconded by Trimm. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, and Kuzelka. voted
“yes.” Davis absent. Motion carried. Lueders questioned if the funding
will come from city sales taxes. Mayor Ward stated LB-840 will sunset in
March 2010; so we will need to get this process going also. Lueders wanted
to know where the funding would come from if this doesn’t pass. Mayor Ward
stated we will have to have the initial funding to get started then get
funding from the City and other businesses as they progress. Hopefully they
will be able to set up a foundation. On roll call, Brown, Friesen, Byrd,
Trimm, Lueders, Bender, and Kuzelka voted “yes.” Davis absent.
Within the City
Administrator’s report, Joseph Parker stated the residence at 314 West 3rd
Street which was partially burned; the City took nuisance action to get this
structure taken down. He also commended Haddan Excavating for the work they
did to get this structure down. Parker also had a conversation on July 16
with Lynn Franzen with Nebraska Department of Economic Development regarding
the contract negotiation agreement. The City is scheduled to receive
$110,000.00 for the demolition work for dilapidated houses. She discussed
how the CDBG money may be used for this program and the ins and outs of the
program.
Within the Mayor’s
report, Mayor Ward stated the City has received a check for the JCEDC
settlement in the amount of $10,571.20.
Trimm moved to adjourn
the meeting. Motion seconded by Friesen. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, and Kuzelka. voted “yes.” Davis absent.
Motion carried. Meeting adjourned at 8:04 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl Preston, City Clerk
