Regular Meeting
August 4, 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 4th day of
August 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, 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 July 21, 2009.
2.
Approval of claims.
Trimm moved to approve
the Consent Agenda. Motion seconded by Byrd. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Kuzelka, Davis, and Bender voted “yes.”
Motion carried.
Mayor Ward opened the
public hearing concerning the semi-annual review of the Local Option Sales
Tax (LB840) Program. David Taladay, Programs Manager with Southeast Nebraska
Development District (SENDD), on behalf of the Citizen’s Advisory Review
Committee, submitted the Program Review Report for January 1, 2009 through
June 30, 2009. The
report stated applications for funding during said time period were as
follows: three applications received, three applications processed, zero
applications denied, one application approved, three applications pending,
and one application approved/funded. Taladay 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 with the
LB840 eligibility guidelines as written in our community’s plan and approved
(or amended) by the citizens on November 17, 1998. Taladay stated no
discrepancies were noted in the program review. Taladay stated the loan
status report as follows: zero loans being serviced, zero number of
delinquent loans, and a total of six grant projects being administered which
are Lambert Vet Supply, Attitudes Apparel, Tatro Chiropractic, Siebert
Communications, Main Street Consulting, and TLC Creations.
No one else addressed
the Council during the public hearing. Mayor Ward declared the hearing
closed.
Mayor Ward opened the
public hearing concerning the use of LB840 Local Option Sales Tax funds for
a “Performance Based Grant” in the amount of $10,000.00 to “Main Street
Consulting”. David Taladay, Programs Manager with Southeast Nebraska
Development District (SENDD), stated the Economic Development Review
Committee has recommended the City Council approve obligating $10,000.00 as
a “Performance Based Grant” from the LB840 Economic Development Plan to
“Main Street Consulting”. Taladay stated “Main Street Consulting” is owned
by Ms. Julie Lambert. The applicant will design, construct, promote and
maintain a website,
www.fairbury.com, 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 meets the LB840 criteria. The applicant will commit to creating
one FTE job position. The Grant Conditions Agreement will contain
requirements of a Promissory Note, UCC filing and Security Agreement to
secure conditions dealing with installation of equipment, job creation and
maintenance. The total project will be around $51,000.00. Council person
Shirley Bender questioned if the one FTE job position would be the owner.
Taladay stated the owner’s do not count as employees; it will be a new
person. No one else addressed the Council during the public hearing. Mayor
Ward declared the hearing closed.
Mayor Ward opened the
public hearing concerning the use of Community Development Block Grant (CDBG)
Program Income from the Economic Development Loan Fund (EDLF) in the amount
of $10,000.00 to “Main Street Consulting”. David Taladay, Programs Manager
with Southeast Nebraska Development District (SENDD), stated the CDBG Reuse
Committee met concurrently with the Economic Development Review Committee
and have recommended the City Council approve obligating $10,000.00 as a
“direct loan” to “Main Street Consulting”. The applicant meets the EDLF
criteria. The applicant will commit to creating one FTE job position. The
Loan Conditions Agreement will contain requirements of a Promissory Note,
UCC filing and Security Agreement to secure conditions dealing with
installation of equipment, job creation and maintenance. The payment of the
loan funds will be made to the City under an automatic payment process.
Taladay stated if reuse funds are not used in two years, the remaining money
has to be returned to the State. No one else addressed the Council during
the public hearing. Mayor Ward declared the hearing closed.
Mayor Ward opened the
public hearing concerning the use of LB840 Local Option Sales Tax funds for
a “Performance Based Grant” in the amount of $20,000.00 to “TLC
Creations”. David Taladay, Programs Manager with Southeast Nebraska
Development District (SENDD), stated the Economic Development Review
Committee has recommended the City Council approve obligating $20,000.00 as
a “Performance Based Grant” from the LB840 Economic Development Plan to “TLC
Creations”. Taladay stated “TLC Creations” is owned by Tammy Cleary. The
applicant will sub-lease space in a downtown building at 512 E Street
(Something Old Something New). TLC Creations is presently a home based
business that is in expansion mode. Increased business is allowing the
owner to move up to a “store front” facility. 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
consultation. The applicant meets the LB840 criteria. The applicant will
commit to creating one FTE job position. The Grant Conditions Agreement
will contain requirements of a Promissory Note, UCC filing and Security
Agreement to secure conditions dealing with installation of equipment, job
creation and maintenance. Taladay stated there are no “specialty party”
stores located within a thirty mile radius. Bender questioned “don’t some
of our florist shops do some of the same things?” Cleary stated this will
be a one stop shop ~ she consults (event planner), sets up events, floral
arrangements, they have their own photographer, rents tables, chairs,
linens, etc. Cleary stated it is very minimal what is offered for party
supplies in the local areas. No one else addressed the Council during the
public hearing. Mayor Ward declared the hearing closed.
Mayor Ward opened the
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. Mr. Barnett stated they have had a problem getting their
license from the state; and now they need a city license. Barnett stated
they would like to expand their business. Council person Beryl Lueders
questioned the parking by the garage in the alley; if this blocks the
alley. Barnett stated it has not caused a problem; they have sufficient
space and also have an empty lot across the alley that the owner has given
permission for them to use if needed. Council person Ed Friesen questioned
what the neighbors think about having a bait shop next to them. Neighbor
Linda Hinzman stated they have had no problems with traffic and haven’t
noticed any smell from the bait. Hinzman stated they have no problems with
having a bait shop. Neighbor Dennis Steele stated they live across the
street and they’re in favor of the Barnett family having a bait shop.
They’re a good family. Steele thinks it’s great that a fifteen year old
wants to create his own business; wants to help the community and himself.
Steele has noticed no problems with traffic or parking. Mayor Ward declared
the hearing closed.
Mayor Ward opened the
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.
Assistant Street Superintendent Laura Bedlan stated this is mainly to clean
up the zoning regulations; now we do not have zoning for child care homes
and child care centers. Bedlan stated the Planning Commission recommends
the City Council adopt an ordinance to amend the City of Fairbury Zoning
Regulations - 2005 Edition to provide for locating child care homes and
child care centers in residential and commercial zoning districts in the
City of Fairbury. No one else
addressed the Council during the public hearing. Mayor Ward declared the
hearing closed.
Davis moved to approve the request for payment of
Southeast Nebraska Development District (SENDD) FY 2010 Housing Dues in the
amount of $1,279.00. Motion seconded by Trimm. Lueders stated the Finance
Committee recommends going forward and paying the housing dues.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Davis, and Bender voted “yes.” Motion carried.
Bender moved to approve
the 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. Motion seconded by Kuzelka. On
roll call, Brown, Friesen, Byrd, Trimm, Lueders, Kuzelka, Davis, and Bender
voted “yes.” Motion carried.
Bender moved to
approve the recommendation from the Public Works Committee to name unnamed
streets identified as; unnamed street located west of City Park north of the
Community Building and south of the City Pool ~ City Pool Drive, unnamed
street located south of the horseshoe pit from Frederick to 5th
Street ~ Horseshoe Drive, and unnamed street located north of the railroad
tracks from D Street to F Street ~ Railway Street. Motion seconded by
Friesen. Bedlan stated this needs to be done to add these to the 911 and
the state lane mile report of which we get funding from the State.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Davis, and Bender voted “yes.” Motion carried.
Brown moved to approve
filing the Notice of Default regarding the obligation of Russell L. Furrow
and Marcia K. Furrow, for which trust property was conveyed, and approving
Notice of Sale thereafter. Motion seconded by Davis. City Attorney David
Bargen stated this is the process to begin foreclosure on the collateral
that was put up for the Reuse Loan. There are four lots that are subject to
the Deed of Trust that secures that loan. By the Deed of Trust and the
Promissory Note, the City gave notice that the entire amount needed to be
paid by a certain date; which it has not. The process is to file a Notice
of Default to begin the process of foreclosure.
On roll call, Brown, Friesen, Byrd, Trimm,
Lueders, Kuzelka, Davis, and Bender voted “yes.” Motion carried.
Bender moved to adopt
Resolution No. 732 obligating LB840 funds to “Main Street Consulting” for a
“performance based grant” in the amount of $10,000.00. Motion seconded by
Lueders. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Davis,
and Kuzelka voted “yes.” Motion carried.
Lueders moved to adopt
Resolution No. 733 obligating a CDBG Reuse Loan to “Main Street Consulting”
in the amount of $10,000.00. Motion seconded by Trimm. On roll call, Brown,
Friesen, Byrd, Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.”
Motion carried.
Brown moved to adopt
Resolution No. 734 obligating LB840 funds to “TLC Creations” for a
“performance based grant” in the amount of $20,000.00. Motion seconded by
Bender. On roll call, Brown, Friesen, Byrd, Trimm, Lueders, Bender, Davis,
and Kuzelka voted “yes.”
Motion carried.
Mayor Ward read by
title Ordinance No. 2984: AN ORDINANCE 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.
Bender moved to introduce Ordinance No. 2984 and provide for its first
reading. Motion seconded by Davis. Council person Doug Brown questioned
since we already have child care homes and centers operating in areas zoned
for child care facilities only by special use permit, or not at all, if the
three readings need to be suspended. Bargen stated this is a policy issue
up to the Council’s discretion. While it is desirable to pass the ordinance
to address the matter, if the Council believes the public would want more
time to comment, then the Council may want to proceed with three readings.
Bargen stated the Council could also suspend the three readings at its next
meeting, after two readings are complete. Bender stated we should give the
opportunity, for anyone, to come forward at the next meeting. On roll call,
Brown, Friesen, Byrd, Trimm, Lueders, Bender, Davis, and Kuzelka voted
“yes.”
Motion carried.
Mayor Ward read by
title Ordinance No. 2985: AN ORDINANCE SETTING SALARIES FOR CITY EMPLOYEES
COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND
REPEALING CONFLICTING ORDINANCES.
Bender moved to
introduce Ordinance No. 2985 and provide for its first reading. Motion
seconded by Trimm. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Bender, Davis,
and Kuzelka voted
“yes.” Motion carried.
Mayor Ward read by
title Ordinance No. 2986: AN ORDINANCE SETTING SALARIES FOR SUPERVISORS AND
DEPARTMENT HEADS; PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND REPEALING
CONFLICTING ORDINANCES.
Davis moved to
introduce Ordinance No. 2986 and provide for its first reading. Motion
seconded by Kuzelka. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Bender, Davis,
and Kuzelka voted
“yes.” Motion carried.
Mayor Ward read by
title Ordinance No. 2987: AN ORDINANCE SETTING SALARIES FOR CITY POLICE
DEPARTMENT EMPLOYEES COVERED BY CWA AGREEMENT; PROVIDING FOR THE EFFECTIVE
DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm moved to
introduce Ordinance No. 2987 and provide for its first reading. Motion
seconded by Byrd. On roll call, Brown, Friesen, Byrd, Trimm, Lueders,
Bender, Davis, and Kuzelka voted “yes.” Motion carried.
Within the City
Administrator’s report, Mayor Ward stated that Joseph Parker is working on
updating the employee handbook. Friesen stated Parker is absent as he’s
getting use to being a grandpa for the first time.
Byrd moved to adjourn
the meeting. Motion seconded by Bender. On roll call, Brown, Friesen,
Byrd, Trimm, Lueders, Bender, Davis, and Kuzelka voted “yes.” Motion
carried. Meeting adjourned at 7:58 p.m.
Homer L. Ward, Mayor
ATTEST: Sharyl
Preston, City Clerk
