Regular Meeting
September 18, 2007
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 18th
day of September, 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 was posted in the
meeting room as required by law.
Roll
call found the following Council Members present: Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson.
Mayor
Mueller administered the Oath of Office to Tobias J. Tempelmeyer, thus
swearing him in as Interim City Attorney.
Mayor
Mueller read the Consent Agenda. (1)Approval of the minutes of the regular
meeting of
September 4, 2007. (2)Approval of claims. (3)Approval of the August 2007
Reconciliation Report. Bender stated she would abstain from voting on the
Consent Agenda. Trimm made a motion to approve the Consent Agenda. Motion
seconded by Byrd. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Fry,
and Polson voted “yes.” Bender abstained. Motion carried.
Byrd
made a motion to set the public hearing concerning an Application for a
Community Development Block Grant to fund a Housing Market Study for October
2, 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.
Nelson
made a motion to set the public hearing concerning an Application for a
Replat/Small Tract Subdivision (RST-2007-002) from Richard D. Allen for
property described as a fraction of the N ½ of the NW ¼ of the NE ¼ of
Section 11, T2N R2E of the 6TH P.M., Jefferson County, Nebraska
for October 2, 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.
Byrd
made a motion to set the public hearing concerning a Class I Liquor License
Application as submitted by the Veterans of Foreign Wars Post 3113, to
replace existing Class C License, for October 2, 2007 at 7:30 p.m. Motion
seconded by Brown. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor
Mueller opened the Budget Hearing and Budget Summary for the 2007-2008
Fiscal Year. Brian Blobaum of Blobaum Busboom, P.C. explained that there
are two things done during the budget process, which are preparing property
tax requests and setting expenditure limits for the year. Blobaum stated
the maximum General Fund levy is $.45 plus a $.05 levy for interlocal
agreements; this levy is shared with the Airport Authority and is at $.497
for the 2007-2008 Budget. Blobaum explained to the Council that there are
also limits of raising revenues with the basic limit of 2.5% per year and
that an additional 1% can be done with a ¾ majority vote of the Council.
Blobaum strongly advised the Council to vote in favor of allowing an
additional 1% increase, for a total of 3.5%. Blobaum stated the tax asking
for the General Fund for the 2007-2008 Fiscal Year is $500,900 and for the
Bond Fund it is $210,000. Blobaum informed the Council that the increased
amount in the General Fund is covered primarily by new properties added to
the tax rolls whereas in the Bond fund, 5.5% of the increase is on new
properties and 4.0% of the increase is on existing properties. Blobaum
continued with an overview of cash positions historically and for the
upcoming year, stating that although there was a budgeted cash reduction of
$137,452 in the current year, estimated year end cash position is actually
an increase of $61,215. Blobaum stated in the 2007-2008 Budget, a cash
reduction of $41,330 is budgeted for. Blobaum stated the current cash
reserves of the City are at a 30 year low. No one else spoke during the
hearing. Mayor Mueller declared the hearing closed.
Mayor
Mueller opened the public hearing concerning the setting of the final tax
request for the 2007-2008 Fiscal Year for $500,900 for the General Fund and
$210,000 for the Bond Fund. Blobaum stated a separate hearing is required
whenever there is a change in the dollar amount of the tax asking from the
previous year. No one else spoke during the hearing. Mayor Mueller
declared the hearing closed.
Mayor
Mueller opened the public hearing concerning a request for LB840 funds from
Lambriar Animal Health Care. Dave Taladay stated Lambriar Animal Health
Care, whose name has been changed to Lambert Vet Supply, is requesting a
performance based LB840 grant in the amount of $200,000 under the approved
Economic Development Plan of the City of Fairbury and that the Economic
Development Committee recommends the Council approve the request. Taladay
stated $135,000 will be used for the purchase of equipment and $65,000 for
inventory. Taladay also provided information on the economic impact of
Lambert’s economic development proposal. Citizen Pam Schroeder stated
Lambert Vet Supply recently reported revenues of $52 million and asked why
they need funding from the City. Schroeder also asked how much the City is
paying Southeast Nebraska Development District (SENDD) for Taladay’s
services on this project. Taladay responded that his contract for the
administration of the City’s Economic Development Program is at a rate not
to exceed $10,000 per year and that the criteria for LB840 funding doesn’t
include need as a requirement for assistance. Taladay continued by stating
Lambert’s proposal does include employment opportunities, the promotion of
existing local businesses that exhibit growth potential, and the
rehabilitation of a commercial building located in the downtown area. Trimm
asked Taladay to go over the 9-step application process for economic
development funding. Taladay listed the following: applications are picked
up from the City Clerk or the Plan Administrator; applications are returned;
project is verified with a checklist of items to be included with the
application; Plan Administrator prepares a project summary to be presented
to the Economic Development Committee; Committee reviews application,
identifies criteria, and prepares a recommendation for the City Council;
City Council holds a hearing on the Committee’s recommendation; City Council
either approves a resolution obligating funds to applicant, disapproves
recommendation, or requests the Committee negotiate further with the
applicant; if approved, loan or grant documents are approved, security
instruments are secured, project monitoring is conducted; Citizens Advisory
Review Committee reviews project and reports to City Council at a
semi-annual public hearing for LB840 program review. Taladay concluded by
stating the process is being reviewed to become a full part of the Economic
Development application process. No one else spoke. Mayor Mueller declared
the hearing closed.
Trimm
made a motion to approve the 2007-2008 Fiscal Year Budget as presented.
Motion seconded by Phillips. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Byrd made a motion to approve an additional 1% increase in
the 2007-2008 Restricted Funds Limitation. Motion seconded by Trimm. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
Blobaum
presented the City of Fairbury Enterprise Funds Financial Statements and
Schedules for Year Ending April 30, 2007. Blobaum stated his firm is
issuing a clean audit opinion but that he is required to report internal
control deficiencies. Blobaum stated one significant internal control
deficiency is the lack of separation of duties, which may be too costly to
warrant correction. Blobaum stated the Light & Water Department shows a
$553,144 change in net assets this year as compared to a ($344,588) change
in net assets in the year ending April 30, 2006, which is definitely a
positive turn-around.
Taladay
addressed the Council stating the Housing Committee conducted interviews
with firms who had submitted Proposals for a Housing Market Study with
Strategies for Affordable Housing in response to the published Request for
Qualifications. Taladay stated the Housing Committee is recommending
approval of the proposal submitted by Hanna:Keelen Associates P.C. and enter
into an agreement with them for services. Taladay stated that a
professional services procurement does not take into consideration price,
but that Hanna:Keelen also provided the lowest fee structure of all firms
who submitted proposals. Nelson made a motion to approve the recommendation
of the Housing Committee and approve Hanna:Keelen as the consulting firm on
the Housing Market Study. Motion seconded by Phillips. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried.
Taladay
presented the Council with a proposed Housing Market Study Project Budget of
$21,100. Phillips made a motion to approve the Project Budget in the amount
of $21,100. Motion seconded by Fry. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Brown made a motion to retain Jerry Pigsley of Harding &
Shultz to represent the City of Fairbury in the matter of setting a Special
Recall Election of Mayor Mueller. Bender stated Pigsley has already cost
the City $5295.75 so far and that the Recall matter may possibly end up
costing the City $25,000. Trimm seconded the motion. On roll call, Brown,
Phillips, Trimm, Nelson, Fry, and Polson voted “yes.” Motion carried.
Phillips made a motion to approve the appointment
of Kevin Wagner to the Housing Committee. Motion seconded by Brown. On
roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson
voted “yes.” Motion carried.
The
Council discussed the possible renewal of the Local Option Sales Tax for
Economic Development. Bender stated this cannot be done by the Council and
that another group has to take the initiative on this matter. Mayor Mueller
suggested the establishment of a committee to research and work on the
renewal. Bender stated she would like to see some changes made to the
City’s Economic Development Plan. Mayor Mueller instructed the City Clerk
to place the matter on the next agenda for consideration.
Mayor Mueller
informed the Council that a letter was received from Attorney Ron Schwab
regarding the Boerner property for sale north of the City office building
and directed them to contact the City’s administration if there was interest
in purchasing the property.
Mayor Mueller
read by title Resolution No. 666 designating depositories of the City of
Fairbury and approving pledge of assets as security from said banks. Bender
made a motion to adopt Resolution No. 666. Motion seconded by Byrd. Nelson
stated he would abstain from voting. On roll call, Brown, Phillips, Byrd,
Trimm, Bender, Fry, and Polson voted “yes.” Nelson abstained. Motion
carried.
Mayor Mueller
read by title Resolution No. 667 obligating LB840 funds to Lambert Vet
Supply for a performance based grant of $200,000. Nelson made a motion to
adopt Resolution No. 667. Motion seconded by Trimm. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
Mayor Mueller
read by title Resolution No. 668 authorizing the Chief of Police to enter
the City of Fairbury into an Interlocal Agreement for the administration of
the Rural Apprehension Program (RAP). Bender made a motion to adopt
Resolution No. 668. Motion seconded by Byrd. On roll call, Brown,
Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion
carried.
Mayor Mueller
read by title Resolution No. 669 receiving and filing plats and schedules of
assessments based on report of cost of improvements as certified by the
City’s engineers for calculation of special assessments proposed to be
levied in Street Improvement District No. 2004-02. Bender asked if the
corners were included in the assessments. Assistant Street Superintendent
Tim Fuentez stated the corners are the City’s responsibility and therefore
not assessed to property owners. Phil Lorenzen of D.A. Davidson stated
calculations were made based on front footage and that corners are
excluded. Ron Southwick stated there is an area in front of his property
that continues to hold water, that there is a chip out of the concrete, and
that the sidewalk is cracking in places. Lorenzen stated there is a one
year warranty on the work and that any existing issues should be brought
forward promptly. Brown made a motion to adopt Resolution No. 669. Motion
seconded by Fry. On roll call, Brown, Phillips, Byrd, Trimm, Nelson,
Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Resolution No. 670 setting the date and time when the Mayor
and City Council will meet as the Board of Equalization to consider the levy
of special assessments in Street Improvement District No. 2004-02 and
setting publication dates for notice of said meeting. Lorenzen stated that
in order to pay the Bond Anticipation Notes due December 1, 2007 and to
satisfy publication requirements, a special meeting would need to be held;
this resolution sets the special meeting for October 23, 2007 at 7:30 p.m.
Lorenzen stated that due to time constraints, the Council would need to
authorize bonds with some unknowns on the final assessments and bond
amounts. Byrd made a motion to adopt Resolution No. 670. Motion seconded
by Nelson. On roll call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry,
and Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Resolution No. 671 setting the 2007-2008 property tax request
at $500,900 for the General Fund and $210,000 for the Bond Fund. Bender
made a motion to adopt Resolution No. 671. Motion seconded by Fry. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2963: AN ORDINANCE SETTING SALARIES FOR
SUPERVISORS AND DEPARTMENT HEADS; PROVIDING FOR AN EFFECTIVE DATE THEREOF;
AND REPEALING CONFLICTING ORDINANCES. Byrd made a motion to give Ordinance
No. 2963 third reading. 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 give Ordinance No. 2963 final passage.
Motion seconded by Brown. On roll call, Brown, Phillips, Byrd, Trimm,
Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Mueller
read by title Ordinance No. 2964: AN ORDINANCE SETTING SALARIES FOR CITY
EMPLOYEES COVERED BY IBEW AGREEMENT; PROVIDING FOR THE EFFECTIVE DATE
THEREOF; AND REPEALING CONFLICTING ORDINANCES. Trimm made a motion to give
Ordinance No. 2964 third reading. Motion seconded by Byrd. On roll call,
Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted “yes.”
Motion carried. Byrd made a motion to give Ordinance No. 2964 final
passage. Motion seconded by Trimm. On roll call, Brown, Phillips, Byrd,
Trimm, Nelson, Bender, Fry, and Polson voted “yes.” Motion carried.
Mayor Mueller
announced that the semi-annual joint meeting between the City Council and
the Board of Public Works would be held September 26, 2007 at 7:00 p.m.
Bender
made a motion to adjourn the meeting. Motion seconded by Byrd. On roll
call, Brown, Phillips, Byrd, Trimm, Nelson, Bender, Fry, and Polson voted
“yes.” Motion carried. Meeting adjourned at 8:40 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami K. Dandliker, City Clerk
