City Council

CITY COUNCIL MEETING July 31, 2012 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, Hoppe and Gitt present – 8 present, 0 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 and online at www.fremontne.gov and distributed to the Mayor and Council on July 27, 2012 and is open to the public. The City Clerk also stated a copy of the agenda was kept continually current and available to the public at the office of the City Clerk, 400 East Military and 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: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Gitt to open the public hearing on the Northeast Nebraska Solid Waste Coalition 2012-2013 budget. Roll call vote: 8 ayes. Motion carried. Council Member Anderson gave an overview of the budget and operations. Moved by Council Member Johnson, seconded by Council Member Bixby to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Eairleywine to approve the consent agenda. Roll call vote: 8 ayes. Motion carried. ● Dispense with reading of minutes July 10 & 17, 2012 ● July 11 - 31, 2012 claims ● Resolution No. 2012-135 granting permission to consume alcohol on City property for Josue Mendez, Moller Center, August 11, 2012, baptism party; Adam Tranmer, City Auditorium, November 16, 2012, wedding; Alma Martinez, City Auditorium, July 6, 2013, birthday; Chris Bolton, Christensen Field, July 6, 2013, wedding reception; Oscar Avila, Moller Center, September 1, 2012, birthday party; Sheila Hull, Christensen Field, July 20, 2013, wedding reception; Chuck Callaway, Friendship Center, August 17, 2012, class reunion  Resignation of Marianne Simmons from Ridge Cemetery Association  Appoint Kim Beam to the Ridge Cemetery Association for an unexpired term ending December 2012  Acceptance of Nebraska Department of Roads grant in the amount of $53,079 for Fremont Transit Lines  Cement license application for Chad Parr and Parr Construction & Remodeling  Resolution No. 2012-136 assessing nuisance lien against 1133 N Davenport (south 69.95 feet Lot 1, Block 6, Davenport 2nd Addition) in the amount of $494.76 owner:  Gary and Carmella Jones  Keep Fremont Beautiful request to use parking lot at 4th and Park on August 29th, 2012 from 5:00 p.m. to 7:00 p.m. for All Metals drop site (Council Member Hoppe abstained)  Resolution No. 2012-137 accepting and award, with the Board of Public Works recommendation, bid to Getzschman Heating LLC in the amount of $41,975.00 for roof repair on solids processing building at the WWTP  Request of 394th Combat Battalion use of Splash Station on August 12, 2012 for $2.00/person  Resolution No. 2012-139 approving Paul & Patricia Hartung, Trustee and Del & Norma Hartung to subdivide TL 28-30, 9-17-8 into two lots (US Hwy 30) (Council Member Stange and Bixby abstained)  Resolution No. 2012-140 approving Pebley Inc. to subdivide part Lot 1, Mierhenry Subdivision into two lots (500 Blk of E 32nd St)  Resolution No. 2012-141 approving Fremont Hospitality LLC to subdivide Lots 3-4, Fremont Travel Center into two lots (120 Cathy Ave)  Resolution No. 2012-142 approving Borisow Properties and Roger & Billye Jo Bignell to subdivide part Lots 2, 3, 5 & 6 Wacek and Van Patten’s Addition (1720 E 5th)  Fremont Firefighters Union request for Roadway Solicitation permit on September 1-2, 2012 from 8:00 a.m. to 7:00 p.m.  Resolution No. 2012-144 accepting and award bid to Elkhorn West Construction in the amount of $115,500.00 for Police Station Renovation for Joint Communications Center (PSAP)  Resolution No. 2012-146 accepting and award bid to ME Collins Contracting Company Incorporated in the amount of $99,730.30 for 23rd Avenue North and Lincoln Avenue Intersection Improvements  Resolution No. 2012-147 approving project payment #6 & Final to Luxa Construction in the amount of $2,501.70 for 19th Street Reconstruction; #1 to IES Commercial Inc. in the amount of $14,398.67 for Military and Johnson Road Traffic Signal Improvements; and, #2 to ME Collins Contracting Co Inc. in the amount of $80,738.55 for Luther Road Turn Lane Improvements  Resolution No. 2012-148 ordering stop signs on Pebble Street at 8th Street The City Clerk gave the third reading, by title only, of an Ordinance amending Zoning Ordinance No. 3939, Article 3, pertaining to Civic Use Types. Roll call vote: 8 ayes. Ordinance No. 5248 passed. The City Clerk gave the third reading, by title only, of an Ordinance amending Zoning Ordinance No. 3939, Article 5, pertaining to Wellhead Protection Area Regulations. Roll call vote: 8 ayes. Ordinance No. 5249 passed. Moved by Council Member Johnson, seconded by Council Member Navarrette to suspend the rules and place on final reading an ordinance approving Paul and Del Hartung request to rezone Tax Lots 28 and 30, 9-17-8 from AG Agricultural/Urban Reserve to GI General Industrial (U.S. Highway 30). Roll call vote: 6 ayes, 2 abstaining (Stange and Bixby). Motion carried. The City Clerk gave the final reading, by title only, of the Ordinance. Roll call vote: 6 ayes, 2 abstaining (Stange and Bixby). Ordinance No. 5250 passed. Moved by Council Member Gitt, seconded by Council Member Hoppe to approve Resolution No. 2012-149 approving Menard’s to replat Lots 5 and 6, Menard’s Addition. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Bixby to suspend the rules and place on final reading an ordinance approving Tom and Marka Sawyer request to rezone Lots 2-5, Block 3, Sawyer 2nd Addition and Tax Lots 14, 18, 19, 20, 63, 64, and 65 NW ¼ 26-17-8 from GC General Commercial to LI Limited Industrial. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, by title only, of the Ordinance. Roll call vote: 8 ayes. Ordinance No. 5251 passed. The City Clerk gave the first reading, by title only, of an Ordinance approving request of City of Fremont to rezone Lots 1-8 and Tax Lot 144 of D. Schroeders Subdivision from AG Agricultural/Urban Reserve and LI Limited Industrial to BP Business Park. The second reading will be at the next regular Council meeting. The City Clerk gave the first reading, by title only, of an Ordinance amending Zoning Ordinance No. 3939, Article 12, Administration & Procedures. The second reading will be at the next regular Council meeting. The Mayor presented the name of Todd Bernt as Fire Chief. Moved by Council Member Hoppe, seconded by Council Member Anderson to approve the appointment as recommended by the Civil Service Commission. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Bixby to reconsider Resolution No. 2012-134 denying project payment to Terracon for Lead Impacted Soil Remediation. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Navarrette to amend and approve Resolution No. 2012-134 by approving payment to Terracon for Lead Impacted Soil Remediation. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance permitting Utility Type Vehicles on public roads within City of Fremont. The second reading will be at the next regular Council meeting. Moved by Council Member Navarrette, seconded by Council Member Stange to reconsider and amend Ordinance No. 5246 creating Paving District No. 550 (Johnson Road, Peterson to 16th Street, west side). Roll call vote: 7 ayes, 1 abstain (Bixby). Motion carried. The City Clerk gave the final reading. Roll call vote: 7 ayes, 1 abstain (Bixby). Ordinance No. 5246, reconsidered and amended, passed. Moved by Council Member Bixby, seconded by Council Member Anderson to approve Change Order #14 in the amount of $1521.00 and Change Order #15 in the amount of $1145.00 for Christensen Field Event Center Renovation. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Hoppe to approve Resolution No. 2012-138 approving specifications and grant permission to advertise for bids for standby generator for 400 E Military. Project has the Board of Public Works recommendation. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Navarrette to continue to August 28, 2012 Council meeting Resolution No. 2012-143 authorizing the return of CDBG Economic Development Revolving Loan funds to the Nebraska Department of Economic Development. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Gitt to approve agreement for financial statement audit services for fiscal years ending September 30, 2012, 2013, 2014, 2015 and for Keno operations quarterly and annual procedures for fiscal years ending September 30, 2013, 2014 and 2015 to Almquist, Maltzahn, Galloway & Luth PC. Motion died for lack of second. Moved by Council Member Stange, seconded by Council Member Navarrette to approve Resolution No. 2012-145 approving agreement with Orizon CPAs in the amount of $134,800.00 for financial statement audit services for fiscal years ending September 30, 2012, 2013, 2014, 2015 and with Almquist, Maltzahn, Galloway & Luth PC in the amount of $7,800.00 for Keno operations quarterly and annual procedures for fiscal years ending September 30, 2013, 2014 and 2015 to Almquist, Maltzahn, Galloway & Luth PC. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Gitt to adjourn the meeting. Roll call vote: 8 ayes. Meeting adjourned at 8:15 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