Regular Meeting
September 19, 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 19th
day of September, 2006, at 7:30 p.m. Mayor E.M. Mueller called the
meeting to order. Roll call found the following Council Members
present: Stanton, Byrd, Bender, Bartels, Brown, Vaughn, and Polson. Phillips
was absent.
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 September 5, 2006. (2) Approval of the minutes
of the special meeting of September 12, 2006. (3) Approval of claims. (4)
Approval of the August 2006 Reconciliation Report. Byrd made a motion
to approve the Consent Agenda. Motion seconded by Bartels. On roll
call, Stanton, Byrd, Bartels, Bender, Brown, and Polson voted “yes.”
Vaughn abstained. Phillips was absent. Motion carried.
Mayor Mueller opened the public hearing on a request from Richard &
Gayle Allen, Kathleen Waldrep, Keith Allen, and Mark Allen for a Change of
Land Use & Zoning Classification for a Fraction of the NW ¼ of the NE
¼ of Section 11, T2N, R2E of the 6TH P.M., Jefferson County,
Nebraska. The request is to change the Land Use Classification from LI
Light Industrial to HC Highway Commercial and to change the Zoning from L1
Light Industrial to B3 Highway Commercial. Joe Casson was present
to represent Richard Allen. Tim Fuentez, Assistant Street
Superintendent, stated the Planning Commission recommends approval of the
request. Mayor Mueller stated he would like to see this property
annexed. City Attorney Tim Noerrlinger advised the property could not
be annexed unless the property owners petition to be annexed or the City’s
population was over 100,000. Mayor Mueller declared the hearing closed.
Mayor Mueller opened the public hearing on an application for a Special Use
Permit as submitted by Becky Meredith for the purpose of operating a salon
business out of her home. Meredith was present. No one spoke if
favor of or in opposition to the request. Mayor Mueller declared the
hearing closed.
Mayor Mueller opened the public hearing on an application from Wal-Mart
Stores, Inc., dba Wal-Mart Supercenter #418 for a Class D Liquor License at
2831 Highway 15, Fairbury, Jefferson County, Nebraska. Ron Hilligas,
Fairbury Wal-Mart Manager, was present. No one spoke in favor of or in
opposition to the request. Mayor Mueller declared the hearing closed. Byrd
made a motion to recommend approval of the application submitted from
Wal-Mart Stores Inc. for a liquor license at 2831 Highway 15. Motion
seconded by Bartels. On roll call, Stanton, Byrd, Bartels, Bender,
Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
Mayor Mueller opened the special public hearing to set the final tax request
for 2006-2007 Fiscal Year at $476,530.00 for the General Fund and
$173,000.00 for the Bond Fund. Brian Blobaum, CPA, addressed the
Council, stating that a hearing is required to set the tax request at an
amount different from the previous year. Blobaum stated Resolution No.
638 would need to be passed to set the tax request. No one else spoke
in favor of or in opposition to the request. Mayor Mueller declared the
hearing closed.
Mayor Mueller opened the Budget Hearing and Budget Summary for the 2006-2007
Fiscal Year. Blobaum provided the Council with information about
property tax limits and lid laws, explaining how growth of restricted
revenues is limited. Blobaum stated a 2.5% increase is allowed annually
and that an additional 1% of restricted revenues increase is allowed if
passed by a ¾ majority of the Council. Blobaum emphasized cash
reserves of approximately $340,000 are at a 30 year low. City
Administrator Jim Ferneau stated approximately $600,000 in cash is needed in
the General Fund to manage cash flow throughout the year. No one else
spoke in regards to the matter. Mayor Mueller declared the hearing
closed. Stanton made a motion to approve an additional 1% increase in
the 2006-2007 Restricted Funds Limitation. Motion seconded by Bartels. On
roll call, Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Phillips was absent. Motion carried.
Mayor Mueller opened a public hearing on a grant application for the
expansion and remodeling of the Cloverleaf Softball Complex
restroom/concessions facility. Ed Durfee stated plans have been
modified to accommodate ADA compliance. Ferneau provided information on
the grant process. Blobaum advised any real estate improvements should
be made from restricted funds monies. No one else spoke on the matter. Mayor
Mueller declared the hearing closed.
Police Chief Rick Carmichael addressed the Council as the Secretary of the
Board of Health, requesting a date be set to hold a public hearing on a
nuisance property owned by U.S. Bank National Association ND, located at
1203 Oak Street. Carmichael stated a letter was sent July 14, 2006,
notifying the owner of the condition of the property and the need to remedy
the existing public nuisance conditions. On August 31, 2006, an
inspection warrant was served on the property. Carmichael presented
photographs of the property to the Council. Stanton made a motion to
set the public hearing for October 17, 2006, at 7:30 p.m. Motion
seconded by Bartels. On roll call, Stanton, Byrd, Bartels, Bender,
Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
Stanton made a motion to set the public hearing on a Catering Application
for Chuckles’ Liquor License C#52987, as submitted by Lavern Niemand, dba
Chuckles, for October 3, 2006, at 7:30 p.m. Motion seconded by Byrd. On
roll call, Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Phillips was absent. Motion carried.
Byrd made a motion to set the public hearing on a request from Robert A.
Elgert for a Change of Land Use Classification and Change of Zoning for Lots
7, 8, & 9, Block 38, Original Town of Fairbury, Jefferson County,
Nebraska, for October 3, 2006, at 7:30 p.m. Motion seconded by Bartels. On
roll call, Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Phillips was absent. Motion carried.
Stanton made a motion to set the public hearing on the Final Plat of the
Wildridge Subdivision for October 3, 2006, at 7:30 p.m. Motion seconded
by Bartels. On roll call, Stanton, Byrd, Bartels, Bender, Brown,
Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
The Council considered a request for authorization for Mayor Mueller to sign
a contract with Doug Johnson Audio Video Productions for the Tourism TV
project. Ferneau stated the total cost of the project is $3435.10 and
that various groups have committed to contributions as follows: Jefferson
County Tourism Committee, $500; Diller, $500; Fairbury Journal News, $500;
Feaster Foods, $500; Stage Coach Mall, $500; and Fairbury Board of Public
Works, $450. The remaining $485.10 would be the responsibility of the
City unless an additional funding source was secured. Byrd made a
motion to approve the request for authorization for Mayor Mueller to sign
the contract. Motion seconded by Polson. On roll call, Stanton,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried.
Ferneau asked for any input from the Council regarding the proposed
Franchise Agreement with Aquila. Stanton stated that due to a conflict
of interest, he would abstain from any action and refrain from discussion on
the issue. No one had any questions. The proposed agreements will
be forwarded to Aquila.
The Council considered a request from the Fire Department for permission to
apply for a grant from the Department of Homeland Security for a thermal
imager. Fire Chief Eric Voss stated this is a 100% paid commercial
equipment grant and that the cost of an imager is approximately $15,000 -
$18,000. Bender made a motion to approve the request. Motion
seconded by Bartels. On roll call, Stanton, Byrd, Bartels, Bender,
Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
Julie Katz-Lambert of Lambriar Animal Health Care (LAHC) made a presentation
requesting a grant of $150,000 in LB840 funds to be used as partial matching
funds for a $200,000 Community Development Block Grant (CDBG) project in
which ten full-time equivalent positions would be created and retained for a
minimum of three years. Katz-Lambert provided information on the LAHC
organization and cited economic impact statistics resulting from the
presence of LAHC in the community. Katz-Lambert stated an environmental
assessment with favorable results would be required for the project to move
forward. Stanton asked who would bear the expense of the environmental
assessment. Ferneau stated it can be done out of the total $400,000
project cost or separately, but that any expenses over the $400,000
projected cost would be the responsibility of LAHC. Length of lease was
discussed; Ferneau stated the term has not yet been determined. Bartels
made a motion to approve the request from LAHC for a grant of $150,000 in
LB840 funds to be used as CDBG matching funds. Motion seconded by Byrd. On
roll call, Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Phillips was absent. Motion carried.
Bids for consulting services for the completion of an environmental
assessment for the LAHC CDBG project were presented. Ferneau stated
bids were received as follows: Olsson Associates, $41,800; SCG
Consulting Services, $2500. Ferneau stated both entities come highly
recommended from the State of Nebraska. Byrd made a motion to accept
the bid from SCG Consulting in the amount of $2500. Motion seconded by
Brown. On roll call, Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and
Polson voted “yes.” Phillips was absent. Motion carried.
Bender made a motion to approve an agreement with Tim Noerrlinger, City
Attorney, extending his contract until December 31, 2006. Motion
seconded by Stanton. On roll call, Stanton, Byrd, Bartels, Bender,
Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
Ferneau informed the Council that Tom Russell had prepared for the City bid
tabulations and specifications for the Council Chambers sound system, along
with a list of vendors to send spec sheets to. Ferneau requested
permission to transfer budget authority in the amount of $3700 from the
2005-2006 budget year to the 2006-2007 budget year, reducing the Paving
budget and increasing the General budget by $3700. Bender made a motion
to approve transferring the requested $3700 in budget authority and
decreasing Paving/increasing General by that same amount. Motion
seconded by Byrd. On roll call, Stanton, Byrd, Bartels, Bender, Brown,
Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
Tara Hosick, Consultant with the Nebraska Department of Economic Development
gave a presentation on the LB840 program, outlining the community’s role
in program development and the Citizen’s Advisory Committee’s
responsibility to the citizens. Hosick recommended that an election for
revote occur in 2007 and that the plan be reviewed for desired changes prior
to that time. Hosick stated two votes are required for election: 1)
Approval of the Plan for Economic Development. 2) Approval of the Tax
for Economic Development. Election funding sources were also discussed. No
action was taken.
Stanton made a motion to adopt Resolution No. 638 setting the 2006-2007
property tax request at $476,530 for the General Fund and $173,000 for the
Bond Fund. Motion seconded by Vaughn. On roll call, Stanton, Byrd,
Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried.
Byrd made a motion to adopt Resolution No. 639 designating depositories of
the City of Fairbury and pledging assets of such depositories to secure the
payment of all such deposits and accretions. Motion seconded by Polson. Stanton
questioned the inclusion of the Nebraska Public Agency Investment Trust (NPAIT)
on the resolution. Ferneau confirmed that funds are currently invested
in NPAIT. Discussion ceased. On roll call, Stanton, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
Bender made a motion to adopt Resolution No. 640 authorizing the Mayor to
make application to obtain financial assistance from the State of Nebraska
and the National Park Service for the purpose of building restroom
facilities and surfacing drives in the Cloverleaf Softball Complex. Motion
seconded by Vaughn. On roll call, Stanton, Byrd, Bartels, Bender,
Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
Polson made a motion to adopt Resolution No. 641 extending the hiring freeze
to September 30, 2007. Motion seconded by Bartels. On roll call,
Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried.
The Council was presented with Ordinance No. 2945: AN ORDINANCE TO
PROVIDE FOR THE ADOPTION OF A DROUGHT EMERGENCY CONTINGENCY PLAN, TO
ESTABLISH PROCEDURES FOR RESTRICTION OF WATER USE AND INCREASE OF WATER FEES
IN THE EVENT OF WATER SHORTAGES OR LIMITED SUPPLIES, AND TO IMPOSE PENALTIES
FOR NONCOMPLIANCE AND TO REPEAL PRIOR CONFLICTING PROVISIONS. Bender
made a motion to strike the words “AND INCREASE OF WATER FEES” from
Ordinance No. 2945, introduce Ordinance No. 2945, and provide for its first
reading. Motion seconded by Bartels. On roll call, Stanton, Byrd,
Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried.
The Council was presented with Ordinance No.
2946: AN ORDINANCE CHANGING THE LAND USE CLASSIFICATION AND ZONING OF A
TRACT OF LAND LOCATED ON LOTS ONE, TWO, THREE, FOUR, AND FIVE OF THE
NORTHGATE 4TH ADDITION, FAIRBURY, JEFFERSON COUNTY, NEBRASKA. Bartels
made a motion to introduce Ordinance No. 2946 and provide for its first
reading. Motion seconded by Byrd. On roll call, Stanton,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried.
The Council was presented with Ordinance No.
2947: AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE
ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND
LIABILITIES; TO PROVIDE FOR AN EFFECTIVE DATE. Bender made a motion to
introduce Ordinance No. 2947 and suspend the statutory three readings rule. Motion
seconded by Stanton. On roll call, Stanton, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried. Bender made a motion for final passage of Ordinance No. 2947. Motion
seconded by Bartels. On roll call, Stanton, Byrd, Bartels, Bender,
Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried.
The Council was presented with Ordinance No. 2948: AN ORDINANCE SETTING
SALARIES FOR SUPERVISORS AND DEPARTMENT HEADS; PROVIDING FOR THE EFFECTIVE
DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Bender made a
motion to introduce Ordinance No. 2948 and suspend the statutory three
readings rule. Motion seconded by Bartels. On roll call, Stanton,
Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried. Bender made a motion for final passage
of Ordinance No. 2948. Motion seconded by Bartels. On roll call,
Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried.
The Council was presented with Ordinance No. 2949: AN ORDINANCE SETTING
SALARIES FOR CITY POLICE DEPARTMENT EMPLOYEES COVERED BY CWA AGREEMENT;
PROVIDING FOR THE EFFECTIVE DATE THEREOF; AND REPEALING CONFLICTING
ORDINANCES. Bender made a motion to introduce Ordinance No. 2949 and
suspend the statutory three readings rule. Motion seconded by Bartels. On
roll call, Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted
“yes.” Phillips was absent. Motion carried. Bender made a
motion for final passage of Ordinance No. 2949. Motion seconded by
Bartels. On roll call, Stanton, Byrd, Bartels, Bender, Brown, Vaughn,
and Polson voted “yes.” Phillips was absent. Motion carried.
The Council was presented with Ordinance No. 2950: AN ORDINANCE SETTING
SALARIES FOR CITY EMPLOYEES COVERED BY IBEW AGREEMENT; PROVIDING FOR THE
EFFECTIVE DATE THEREOF; AND REPEALING CONFLICTING ORDINANCES. Bender
made a motion to introduce Ordinance No. 2950 and suspend the statutory
three readings rule. Motion seconded by Bartels. On roll call,
Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried. Byrd made a motion for final passage
of Ordinance No. 2950. Motion seconded by Bender. On roll call,
Stanton, Byrd, Bartels, Bender, Brown, Vaughn, and Polson voted “yes.” Phillips
was absent. Motion carried.
Ferneau reported agreements have been reached with all three bargaining
units. Ferneau also informed the Council that the new fire truck is
slated for arrival at 2:00 p.m. on September 21, 2006; all are invited to
attend. Larry Naiman, Trails Project Administrator, presented
photographs of the completed project. Naiman asked the Council for
input in regards to officially recognizing the trail is open for public use
in the form of a Ribbon Cutting ceremony. The Council was favorable to
holding a Ribbon Cutting and also thanked Naiman for his work on the
project. Naiman also reported that a grant for a new lawn mower was
applied for and received from ExMark.
Byrd made a motion to adjourn the meeting. Motion
seconded by Bender. On roll call, Stanton, Byrd, Bartels,
Bender, Brown, Vaughn, and Polson voted “yes.” Phillips was absent. Motion
carried. Meeting adjourned at 9:24 p.m.
E.M. Mueller, Mayor
ATTEST:
Tami Arnold, City Clerk
