City Council

CITY COUNCIL MEETING August 28, 2012 7:00 P.M. After the study session and the Pledge of Allegiance, the Mayor called the meeting to order and stated a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. Roll call vote showed Council Members Johnson, Stange, Navarrette, Eairleywine, Bixby, Hoppe and Gitt present, Anderson absent – 7 present, 1 absent. Moved by Council Member Navarrette, seconded by Council Member Stange to open the budget hearing on the 2012-2013 fiscal year budget. Roll call vote: 7 ayes. Motion carried. Craig Corn objected to the proposed expenditure for bottled water at the Police Department and the proposed expenditure for the Park and Recreation ice skating program at the YMCA Sidner Ice Arena. Dave Mitchell, Jerry Rinne, Judy Getzschman, Angie Wile and Hope Ludvigsen spoke in favor of the proposed expenditure for the Park and Recreation ice skating program at the YMCA Sidner Ice Arena. There being no further testimony, moved by Council Member Bixby, seconded by Council Member Navarrette to close the budget hearing. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance adopting the 2012-2013 budget statement termed the annual appropriation bill. Moved by Council Member Bixby, seconded by Council Member Johnson to cut from the budget the following: Downtown Redevelopment project $50,000; Moller Field bleachers $40,000; Splash Station camera system $8,000; and, Friendship Center mini bus $30,000. Roll call vote: 7 ayes. Motion carried. The second reading will be at the next regular Council meeting. Moved by Council Member Stange, seconded by Council Member Eairleywine to open the public hearing to set the final City tax rate for the 2012-2013 fiscal year. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Stange, seconded by Council Member Bixby to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Stange to approve Resolution No. 2012-169 setting the property tax request at $4,887,242 for the 2012-2013 fiscal year. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Bixby to approve Resolution No. 2012-170 setting the final City tax rate of $.348161/$100 valuation for the 2012-2013 fiscal year. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Navarrette to approve Resolution No. 2012-171 setting the final City tax rate of $.018050/$100 valuation for Splash Station for 2012-2013 fiscal year. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Hoppe to approve the additional 1% increase in base limitation on restricted fund authority for 2012-2013 fiscal year. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Navarrette to approve the consent agenda. Roll call vote: 7 ayes. Motion carried.  Dispense with reading of minutes of August 14 and 21, 2012  August 15 – 28, 2012 claims  Resolution No. 2012-143 granting permission to consume alcohol on City property for Alisa Deluna, City Auditorium, September 15, 2012, birthday party; Gleyce Dias, City Auditorium, September 22, 2012, wedding; Tiffany Klinzing, City Auditorium, October 20, 2012, wedding reception; Jason Thiesen, Christensen Field, February 2, 2013, wedding reception  Resolution No. 2012-159 approving Special Designated Permit applications for Rise’s Drive-In Liquor, 925 North Broad, September 15, 2012, reception; DeSauce Developments, 1037 East 23rd, September 4, 2012, reception  Resolution No. 2012-160 accepting and awarding bid in the amount of $137,840.030 to Luxa Construction for Airport South Hangar Complex Paving and Utility Improvements  Resolution No. 2012-161 accepting grant in the amount of $175,000 for CDBG Comprehensive Revitalization Project 11-CR-003 Phase II and authorize general grant administration contract to NENEDD  Resolution No. 2012-162 assessing nuisance lien in the amount of $471.71 against Lot 7, Bl ock 8, R Kittles (125 North Platte) – owner: Nathan and Megan Jensen  Resolution No. 2012-163 assesing nuisance lien in the amount of $342.91 against west 6 feet Lot 1 and 38 feet Lot 2, Block 56, Tax Lot 100, Original Town (225 East 12th) – owner: Reconstruct Company N.A.  Resolution No. 2012-164 assessing nuisance lien in the amount of $216.46 against Lot 274 and south 25 feet Lot 275, College Park Addition (1135 North Bell) – owner: Camille R. Hawk  Resolution No. 2012-165 awarding bid in the amount of $228,782.58 to Fire Guard for new ambulance for the Fire Department  Resolution No. 2012-166 awarding bid in the amount of $144,804.00 to Guarantee Roofing and Sheet Metal for Keene Memorial Library roof replacement  Resolution No. 2012-167 designating the East Military Avenue Trail pedestrian crossing at Johnson Road as a signalized pedestrian trail crossing  Resolution No. 2012-168 authorizing a professional services agreement with HGM Associates, Incorporated to provide preliminary engineering and environmental documentation services for the Rawhide Creek Trail Fremont project The City Clerk gave the third 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. Roll call vote: 7 ayes. Ordinance No. 5253 passed. The City Clerk gave the third reading, by title only, of an Ordinance amending Zoning Ordinance No. 3939, Article 12, Administration & Procedures. Roll call vote: 7 ayes. Ordinance No. 5254 passed. The City Clerk gave the third reading, by title only, of an Ordinance permitting Utility Type Vehicles on public roads within City of Fremont. Roll call vote: 7 ayes. Ordinance No. 5255 passed. The City Clerk gave the second reading, by title only, of an Ordinance creating Sanitary Sewer Extension District No. SE-802-12 (Business Park Drive/County Road 20th Avenue, 23rd Street north). The third reading will be at the next regular Council meeting. Moved by Council Member Gitt, seconded by Council Member Hoppe to suspend the rules and place on final reading the Ordinance pertaining to pay plan for City of Fremont officers and employees. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the final reading, by title only. Roll call vote: 7 ayes. Ordinance No. 5256 passed. The City Clerk gave the second reading, by title only, annexing part of the SW ¼ of Section 9, Township 17 North, Range 8 East of the 6th p.m. into the City of Fremont. Council Member Bixby abstained from consideration. The third 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 Deer Pointe Corporation to rezone part of the S ½ NW ¼ 18-17-9 from Ag-Agricultural/Urban Reserve District to R1 – Single Family Residential District. Council Member Bixby abstained from consideration. The second reading will be at the next regular Council meeting. Moved by Council Member Johnson, seconded by Council Member Gitt to approve the request of Tom and Marka Sawyer to allow recycling collection and processing as part of a permitted conditional use at 336 West Shuster Ranch Road. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to reconsider and amend, as presented, correcting a typographical error, Ordinance No. 5252 pertaining to FMC 9-604 amending the 2006 International Building Code, Section 3103.1, Temporary Structures. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the final reading, by title only, of reconsidered and amended Ordinance No. 52 52. Roll call vote: 7 ayes. Ordinance No. 5252, reconsidered and amended, passed. Moved by Council Member Stange, seconded by Council Member Gitt to continue to the November 27, 2012 Council meeting the Community Development Block Grant Economic Revolving funds returned to the State of Nebraska Department of Economic Development. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Bixby to authorize the City Attorney to write an Interlocal Agreement with Fremont Public Schools to proceed with joint fiber project. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Gitt, seconded by Council Member Bixby to adjourn the meeting. Roll call vote: 7 ayes. Meeting adjourned at 7:54 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