City Council

CITY COUNCIL MEETING May 29, 2012 - draft 7:00 P.M. After the study session and the Pledge of Allegiance, the Mayor called the meeting to order. Roll call vote showed Council Members Johnson, Stange, Navarrette, Eairleywine, Bixby, Anderson, and Hoppe present; Gitt absent – 7 present, 1 absent. The City Clerk read a notice that this meeting was preceded by publicized notice in the Fremont Tribune and the agenda displayed in the Municipal Building, Fremont Police Station and the Dodge County Courthouse and distributed to the Mayor and Council on May 25, 2012 and is open to the public. The City Clerk also stated that a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. Moved by Council Member Bixby, seconded by Council Member Navarrette to approve the legality of the meeting. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Bixby to open the public hearing of the Citizen Advisory Review Committee on Economic Development Program. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Navarrette, seconded by Council Member Johnson to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Eairleywine to open the public hearing on the final draft of the Comprehensive Plan with Long Range Transportation Plan and Parks & Recreation Master Plan. Roll call vote: 7 ayes. Motion carried. City Planner Harkins gave an overview of the plan. Carl Schaffner, 1901 Parkview Drive, stated he would like a bike path corridor from the Fremont Middle School to the proposed new ball complex by Old Highway 275. There being no further testimony, moved by Council Member Stange, seconded by Council Member Navarrette to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Hoppe to amend the Comprehensive Plan by striking the following: “The utility fund pays for oversizing of mains, with the developer paying to extend the lines beyond the current system.” from page 3.10 under WATER - PLANNING AND DEVELOPMENT POLICY and from page 3.11 under SANITARY SEWER – PLANNING AND DEVLOPMENT POLICY; “For each customer, the City will fund new mains up to 100 feet from the existing system from the existing system for each customer, with the costs for an additional length of main borne by the developer/owner.” from page 3.13 under NATURAL GAS – PLANNING AND DEVELOPMENT POLICY; and, “Currently, electric lines are extended overhead with an additional cost borne by the developer/owner for underground service.” from page 3.14 under ELECTRIC – PLANNING AND DEVELOPMENT POLICY. Roll call vote: 5 ayes, 2 nays (Stange and Johnson). Motion carried. Moved by Council Member Bixby, seconded by Council Member Anderson to amend the Comprehensive Plan by adding Deer Pointe Development and the Technology Park to page 3.5 under FUTURE DEVELOPMENT OPPORTUNITIES. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Eairleywine to reject proposed revision to the Comprehensive Plan of removing from page 4.14 “Consider a biennial Mandatory Rental Inspection Program under RECOMMENDED ACTIONS. Roll call vote: 6 ayes, 1 nay (Bixby). 1 Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to amend the Comprehensive Plan by striking from page 7.8 “Overarching Authority. The Comprehensive Plan shall function as the City’s lead policy guide for growth and development of Fremont. All other City plans that relate to growth and development (including but not limited to transportation and utility plans) shall be revised to conform to the Comprehensive Plan.” Roll call vote: 6 ayes, 1 nay (Johnson). Motion carried. Moved by Council Member Bixby, seconded by Council Member Anderson to approve Resolution No. 2012-079 adopting the Comprehensive Plan as amended. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Stange to approve the consent agenda. Roll call vote: 7 ayes. Council Member Bixby abstained on Health Care Professionals and Don Peterson & Associates request to subdivide 620 East 23rd Street into two lots and Sylvia Gocken request to subdivide 1212 CR X into two lots. Motion carried.  Dispense with reading of minutes May 1, 2012 and May 8, 2012  May 9 – May 29, 2012 claims  Resolution No. 2012-080 granting permission to consume alcohol on City property for Sarah Kallhoff, Christensen Field, July 21, 2012, auction; Maria Caudelb, Moller Center, July 21, 2012, baptism; Louise Bauer, Christensen Field, July 7, 2012, wedding; Jolene Brown, Moller Center, May 17, 2013, graduation; John C Fremont Days, Inc, Christensen Field Outdoor Arena, July 13 & 14, 2012, rodeo and Wolz & Ilgenfritz parking lots and 4th Street between lots, July 14, 2012, dance; Big Red Whitetails, City Auditorium, September 8, 2012, fundraising banquet  Resolution No. 2012-081 approving Special Designated Permit applications Rise’s Drive-In: 700 East 10th, June 2, 2012, reception; 1710 West 16th, July 28, 2012 and August 11, 2012, reception; Archbishop Bergan Catholic School, 431 North Union, July 14, 2012, dance/reception/fundraiser; John C Fremont Days, Inc, 1710 West 16th, July 13 & 14, 2012, rodeo; John C Fremont Days, Inc, Wolz & Ilgenfritz parking lots and 4th Street between lots, July 14, 2012, street dance  Resignation of Caralee Johnson from Ridge Cemetery Association  Appointment of Paul Marsh to Ridge Cemetery Association to fill an unexpired term ending December 2012  Tom Sawyer to move an “A” frame building from 1665 N Bell to 1621 S Ridge Rd  Cement license application of Ronald Fauss and Fauss Construction  Cement and Excavation application of Michael Wiekhorst and Investors for Infrastructure  Showtime Sales and Marketing, 410 North Bell, to be placed on Criminal Trespass Ordinance  Department of Environmental Quality grant to hold scrap tire cleanup event for Dodge County to be held November 3, 2012 2   Hold Harmless Agreement extension with Nebraska Department of Motor Vehicles for motorcycle driver license skills tests at the football field parking lot, 9th and Lincoln  Space and Service contract with Eastern Nebraska Office on Aging  Jackson Services contract for uniforms and mats  Resolution No. 2012-082 designating parking restrictions on 22nd Street, Christy Street to Garden City Road  Resolution No. 2012-083 authorizing Agreement with Nebraska Dept of Aeronautics for transfer of Non-Primary Entitlement Grant Funds from 2007 Runway Safety project  Resolution No. 2012-084 authorizing execution of professional architectural services agreement for Keene Library Roof Replacement  Resolution No. 2012-085 to accept and award bids for Luther Road Turn Lane Improvements  Resolution No. 2012-086 vacating part of utility easement in Block 1, Christensen Business Park  Resolution No. 2012-087 approving In Bloom Flowers to erect awning projecting into public right-of-way at 520 North Main  Resolution No. 2012-088 approving project payment to Fauss Construction for Christensen Field Event Center Renovation; Luxa Construction for 19th Street Reconstruction; Papa Trucking for Tract Clearing at 730 East 1st Street  John C Fremont Days, Inc for various street closings July 13 - 15, 2012  John C Fremont Days, Inc route for Ridge Road Run July 14, 2012 and route for Pathfinder Duathlon July 15, 2012  John C Fremont Days, Inc to hang banners across Main Street July 14, 2012 for auto and bike show  Resolution No. 2012-089 approving Health Care Professionals and Don Peterson & Associates request to subdivide part Lot B, R & Z Addition and Lot 1&2, Rodamar Addition (620 East 23rd Street) into two lots  Resolution NO. 2012-090 approving Sylvia Gocken request to subdivide part SE¼ SE ¼ 33-17 -8, Saunders CC (1212 CR X) into two lots  Resolution No. 2012-091 rescinding nuisance liens against 730 East First  Resolution No. 2012-092 approving specifications and grant permission to advertise for bids for new ambulance for Fire Dept Moved by Council Member Navarrette, seconded by Council Member Stange to approve Change Order No. 7 in the amount of ($1,707) for Christensen Field Event Center Remodel project. Roll call vote: 7 ayes. Motion carried. 3 The City Clerk gave the first reading, by title only, of an ordinance amending FMC 6-406 relating to Criminal Trespass. The second reading will be at the next regular Council meeting. The City Clerk gave the first reading, by title only, of an ordinance creating Paving District No. 549 encompassing the alley from 5th to 6th Street, between Platte and Logan. The second reading will be at the next regular Council meeting. The City Clerk gave the first reading, by title only, of an ordinance approving the request of Sylvia Gocken to rezone the SE ¼ SE ¼ 33-17-8 Saunders County (1212 CR X) from AG Agricultural District to RR Rural Residential District. The second reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Johnson to approve Resolution No. 2012-093 amending the Blight & Substandard declaration of the Downtown Area. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Anderson to approve the conditional use application of Irving Development to add a second floor residential space as a permitted conditional use at 408/414 North Main Street. Roll call vote: 6 ayes, 1 abstain (Bixby). Motion carried. Moved by Council Member Bixby, seconded by Council Member Stange to approve the Community Block Development Grant for Downtown Revitalization and the agreement with NENEDD to administer the grant. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Bixby to adjourn the meeting. Roll call vote: 7 ayes. Meeting adjourned at 8:08 p.m. Scott Getzschman, Mayor Attest: Kimberly Volk, MMC, City Clerk I, Kimberly Volk, the undersigned City Clerk, hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the office of the Clerk; that such agenda items were sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting and that a current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during such meeting in the room in which such meeting was held. Kimberly Volk, MMC, City Clerk 4