Regular Meeting
August 1, 2006
The Mayor and Council of the City of Fairbury met in regular session in the
Council Chambers, 612 D Street, Fairbury, Nebraska, on the 1st
day of August, 2006 at 7:30 p.m. Mayor E.M. Mueller called the meeting
to order. Roll call found the following Council Members present: Stanton,
Phillips, Byrd, Bender, Bartels, Brown, Vaughn, and Polson.
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 on the wall of the Council Chambers as required by law.
Mayor Mueller read the Consent Agenda. (1) Approval of the minutes of
the regular meeting of July 18, 2006. (2) Approval of claims. Byrd
made a motion to approve the Consent Agenda. Motion seconded by
Phillips. On roll call, Stanton, Phillips, Byrd, Bartels, Bender,
Brown, Vaughn, and Polson voted “yes.” Motion carried.
Phillips made a motion to set a Public Hearing date for the Local Option
Sales Tax Program (LB840) review for August 15, 2006, at 7:30 p.m. Motion
seconded by Byrd. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Chief of Police Rick Carmichael requested the Council set a Public Hearing
date for the nuisance property owned by Chester and Margaret Veatch, located
at 711 E Street, for September 5, 2006. Carmichael stated Veatch is
working to remedy the nuisance but that the Council needs to proceed to
guarantee it is cleaned up. Stanton made a motion to set the Public
Hearing for September 5, 2006, at 7:30 p.m. Motion seconded by Bartels. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried.
City Clerk Tami Arnold informed the Council that a Public Hearing needed to
be held again for the nuisance property owned by Tracy Emery, located at 821
K Street, due to notification requirements. Stanton made a motion to
set the Public Hearing for August 15, 2006, at 7:30 p.m. Motion
seconded by Bartels. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
Mayor Mueller opened a Public Hearing for a Community Development Block
Grant request made by Lambriar Animal Health Care (LAHC). Dave
Gilfillan of the Nebraska Department of Economic Development (NDED) stated
LAHC wants to make application for CDBG funds totaling $204,200; $200,000
would go to the LAHC expansion project and $4200 would be used for related
administrative costs. Gilfillan stated the total project cost is
estimated at $400,000. Gilfillan informed the Council the City of
Fairbury fits CDBG Low to Moderate Income (LMI) requirements and that ten
full-time equivalent positions would be created. Vaughn questioned
environmental impact in regards to neighborhood noise generated from the
expansion. Gilfillan stated an environmental assessment is necessary. Ron
Schacht stated he is supportive of the project which will create jobs in the
community. Gilfillan requested the Council pass Resolution No. 630
authorizing the Mayor to sign the necessary grant application documents. Mayor
Mueller declared the hearing closed.
Assistant Street Superintendent Tim Fuentez presented a request from
Northgate Development, Inc. for a Change of Land Use Classification and
Change of Zoning in the Northgate 4th Addition. Byrd made a
motion to set a Public Hearing on the request for September 5, 2006, at 7:30
p.m. Motion seconded by Phillips. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
Doug Johnson of Doug Johnson Audio Video Productions gave a presentation on
Tourism TV and provided information on how a video can be produced to help
promote Fairbury and/or Jefferson County. City Administrator Jim
Ferneau stated he and Mayor Mueller are supportive of the project. Ferneau
informed the Council he is working on funding sources, stating the City
would have to make a financial contribution if the project were to proceed. Larry
Naiman requested County-wide representation on behalf of the Visitor’s
Committee. No action was taken.
Mayor Mueller requested approval of the appointment of Howard (Mick) Hynek
to the position of Street Superintendent. Stanton made a motion to
approve the appointment of Hynek to the position. Motion seconded by
Phillips. Assistant Street Superintendent Tim Fuentez appealed to the
Council, requesting he be considered for the position. Mayor Mueller
stated that according to ordinance, candidates for appointment are selected
by the Mayor. Discussion ceased. On roll call, Stanton, Phillips,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
Mick Hynek, Street Superintendent, provided materials options and respective
bids for each option on the storm sewer project between G & H Streets
and 8th & 10th Streets. Hynek stated the
concrete materials option would last much longer; but would take more time
to install. Ferneau stated although budget constraints exist, concrete
would be the best choice. Hynek requested approval to purchase some of
the necessary materials in this year’s budget and purchase $15,000 worth
of materials in the 2006-2007 budget. Vaughn agreed concrete would be
the best option. Byrd made a motion to authorize the purchase of
concrete tubing and materials for the storm sewer project at an estimated
cost of $22,724.80 for the section from 8th to 9th
Street and $23,778.85 for the section from 9th to 10th
Street. Motion seconded by Phillips. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
The Council was presented with a proposal from Mid-State Engineering and
Testing Inc., for Work & Costs, Construction Quality Control Testing,
Downtown Redevelopment Project at an estimated cost of $7285 to $10,670. Phillips
made a motion to approve the proposal. Motion seconded by Byrd. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, and Polson voted
“yes.” Vaughn abstained. Motion carried.
Hynek presented bids for a waste oil heater for the Street & Alley
Building. Bids received were as follows: Hotsy, $6972; Clean Burn,
$7017. Hynek recommended acceptance of the Clean Burn bid for quality
and service. Brown made a motion to accept the bid from Clean Burn in
the amount of $7017. Motion seconded by Vaughn. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Motion carried.
Hynek presented bids for waste oil storage tanks for the Street & Alley
building waste oil heater. Bids received were as follows: Midwest,
$6510; Yant, $6603. Hynek recommended acceptance of the Midwest bid. Vaughn
made a motion to accept the Midwest bid in the amount of $6510. Motion
seconded by Byrd. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
The Council considered an agreement between the City of Fairbury and
Jefferson County on the lease of the Jefferson County Law Enforcement
Center. The proposed lease is for a term of ten years terminating
August 14, 2016, with an automatic five year renewal. The lease places
a maximum contribution from the City to the Phase One capital improvement
project at $270,000 in principal; annual interest and principal payments are
not to exceed $22,000 per year for a period of 20 years. Stanton stated
the Finance Committee recommends approval of the agreement. Bender made
a motion to approve the lease agreement. Motion seconded by Stanton. On
roll call, Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Motion carried.
Joe Casson addressed the Council on behalf of the Jefferson County Economic
Development Corporation (JCEDC) LB840 Committee. Casson stated Lambriar
Animal Health Care (LAHC) has requested a grant of $150,000 in LB840 funds
to be used as CDBG matching funds for a business expansion which would
create ten new jobs for a minimum of three years. Casson stated the
LB840 Committee recommends approval of the request for funding. Ferneau
stated LAHC needs $200,000 from the City for CDBG match funds and that
$150,000 could come from LB840; the remaining $50,000 would come from LAHC
in the form of an advance lease payment on the building, which the City
would own. Julie Lambert stated LAHC wants to be able to expand, hire
additional employees, and remain in Fairbury. Lambert asked the Council
take no action on the request, stating LAHC would like to return to the
Council at the next meeting to further address the issue. No action was
taken.
The Council considered Resolution No. 630 authorizing and directing Mayor
Mueller to proceed with the formulation of any and all contracts, documents,
or other memoranda between the City and the Nebraska Department of Economic
Development so as to effect acceptance of a Community Development Block
Grant application submitted by Lambriar Animal Health Care. Ferneau
stated the Council could approve Resolution No. 630 without approval of the
LAHC LB840 request. Bender questioned if adoption of Resolution No. 630
forces approval of the request from LAHC for $150,000 in LB840 funds. City
Attorney Tim Noerrlinger advised this does not force approval of the request
for LB840 funds; it commits the City to providing matching grant funds in
some form. Byrd made a motion to adopt Resolution No. 630. Motion
seconded by Phillips. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Motion carried.
The Council considered Resolution No. 631 adopting the Declaration of Trust
and Interlocal Agreement joining the City of Fairbury with other Nebraska
public agencies as a participant in the Nebraska Public Agency Investment
Trust (NPAIT). Phillips made a motion to adopt Resolution No. 631. Motion
seconded by Bartels. On roll call, Stanton, Phillips, Byrd, Bartels,
Bender, Brown, and Polson voted “yes.” Vaughn voted “no.” Motion
carried.
The Council considered Resolution No. 632 consenting to the amendment of
Exhibit D to the Service Schedule M Total Power Requirements Power Purchase
Agreement with the Municipal Energy Agency of Nebraska (MEAN). Superintendent
of Utilities Michael Beachler detailed the amendment and provided
information on MEAN power sources. Phillips made a motion to adopt
Resolution No. 632. Motion seconded by Bartels. On roll call,
Stanton, Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Motion carried.
The Council was presented with the second reading of Ordinance No. 2944: AN
ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE CITY OF FAIRBURY, NEBRASKA,
A POLITICAL SUBDIVISION, REVISING, AMENDING, RESTATING, CODIFYING AND
COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE POLITICAL SUBDIVISION
DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES AND DECLARING AN
EMERGENCY. Polson made a motion to give Ordinance No. 2944 second
reading. Motion seconded by Phillips. On roll call, Stanton,
Phillips, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried.
Ferneau reported Negotiating Committee meetings are scheduled for August 8th
at 6:00, August 14th at 5:30, and August 24th at 6:00. Mayor
Mueller commended Finance Committee members on their work on the Jefferson
County Law Enforcement Center lease agreement.
Bartels made a motion to adjourn the meeting. Motion
seconded by Vaughn. On roll call, Stanton, Phillips, Byrd,
Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Motion
carried. Meeting adjourned at 8:59 p.m.
E. M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
