City Council

CITY COUNCIL MEETING OCTOBER 9, 2012 7:00 P.M. After the public comment period, study session and 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 showed Council Members Johnson, Stange, Navarrette, Eairleywine, Bixby, Anderson, Hoppe and Gitt present – 8 present, 0 absent. Moved by Council Member Stange, seconded by Council Member Navarrette to open the public hearing on the 2012 Community Development Block Grant Comprehensive Revitalization Assessment grant. Roll call vote: 8 ayes. Motion carried. Tina Engelbart, Northeast Nebraska Economic Development District, gave an overview of the grant application. She stated it is the third cycle of funding for the City of Fremont. The State of Nebraska Department of Economic Development requires an updated needs assessment every three years. Ms. Engelbart further stated town hall meetings would be held in the target area and this phase of funding would include owner occupied rehabilitation as well as rental properties. Council Member Stange questioned how the target area was determined. Ms. Engelbart stated the State sets the target area as dictated by the Census data. She further stated they were able to expand the target area by performing individual household income surveys. There being no further discussion, moved by Council Member Bixby, seconded by Council Member Johnson to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Bixby to approve Resolution No. 2012-194 approving 2012 Community Development Block Grant Comprehensive Revitalization Assessment grant. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Anderson to approve the consent agenda. Roll call vote: 8 ayes. Motion carried.  Dispense with reading of minutes September 25 and October 2, 2012  September 26 – October 9, 2012 claims  Resolution No. 2012-195 granting permission to consume alcohol on City property Kim Baker, Moller Center, October 19, 2012, birthday; Alex Brown, City Auditorium, August 31, 2013, wedding reception  Resolution No. 2012-196 approving Special Designated Permit for DeSauce Development, November 3, 2012, 1710 West 16th, reception  Resolution No. 2012-197 assessing nuisance lien in the amount of $206.57 against Lot 6 except South 6 feet, Blk 29, Chases Addition (1340 North Union) – owner: Wells Fargo Bank  Cement worker application of Anthony Moos & TD Concrete and Ed Kaup  Archbishop Bergan School request to close 4th Street from C to Union on November 16, 2012 from 5:00 p.m. to midnight for Knight Event Dinner Auction  Community Development Block Grant Comprehensive Revitalization Project 10-CR-003 budget amendment  Renewed 2013 Farm Lease for Technology Park with Elkhorn Crossing LLC for $325.00 per acre   Resolution No. 2012-198 concurring with bid award by Nebraska Department of Roads to Pavers Companies in the amount of $397,124.60 for Military Avenue Resurfacing, Broad to Bell  Resolution No. 2012-199 to accept Itemized Statement of Cost, Complete Cost, Tentative Schedule of Assessments and set date of Board of Equalization for November 13, 2012 for Paving District No. 546 (Downtown Improvements, Main – 3rd to Military)  Resolution No. 2012-200 to accept Itemized Statement of Cost, Complete Cost, Tentative Schedule of Assessments and set date of Board of Equalization for November 13, 2012 for Paving District No. 547 (Downtown Improvements, 6th Street – Broad to Main) (Bixby abstained)  Annual Report of Repetitive Loss Area for Flood Plain  Resolution No. 2012-201 authorizing execution of Renewal of Maintenance Agreement No. 11 with Nebraska Department of Roads  Resolution No. 2012-202 vacating utility easement in Replat Veskerna Business Park (International Spices)  Resolution No. 2012-204 authorizing execution of real estate purchase agreement in the amount of $161,595 for approximately 15.39 acres of right-of-way for West Military Drainage Improvements  Resolution No. 2012-205 authorizing execution of preliminary engineering and environmental documentation services agreement with Felsburg, Holt and Ullevig for the Nebraska Department of Roads 1st Street Project  Resolution No. 2012-206 approving project payment to Sawyer Construction for Main Street Improvements, 1st to 3rd Street  Change Order No. 1 in the amount of $2,008.64 and Change Order No. 2 in the amount of ($5,639.47) for Police Station Renovation Project (PSAP) for a total decrease in the project of $3,630.83  Resolution No. 2012-207 approving the vacation of platted street adjacent to West line of Lot 1, Block 4 and East Line of Lots 2 and 4, Block 3, LJ Abbott’s Subdivision (4100 North Broad Street) (Ladehoff/Central States)  Resolution No. 2012-208 authorizing execution of agreement for preliminary engineering and environmental documentation services with JEO Consulting Group for the Nebraska Department of Roads Johnson Road Trail Project The City Clerk gave the third reading, by title only, of an Ordinance establishing electric rates. Roll call vote: 8 ayes. Ordinance No. 5261 passed. The City Clerk gave the second reading, by title only, of an Ordinance approving Fremont Commons, LLC to rezone part NW ¼ 17-17-9 of 6th PM from AG Agricultural/Urban Reserve to GC General Commercial and R-3 Mixed Density Residential with Traditional Neighborhood Development Overlay District. The third reading will be at the next regular Council meeting. Moved by Council Member Navarrette, seconded by Council Member Anderson to approve the 2012/13 promotional service contract with MainStreet of Fremont with the following amendment, due to the size of the contract, for payment terms: Four quarterly payments on the last month of the quarter (December, March, June and September) provided that proof of services rendered has been supplied and said proof of services is received by the Accounting Department by December 15, 2012; March 15, 2013; June 15, 2013; and, September 15, 2013 for corresponding quarters. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Eairleywine to approve the 2012/13 promotional service contract with Fremont and Dodge County Convention & Visitors Bureau with the following amendment, due to the size of the contract, for payment terms: Four quarterly payments on the last month of the quarter (December, March, June and September) provided that proof of services rendered has been supplied and said proof of services is received by the Accounting Department by December 15, 2012; March 15, 2013; June 15, 2013; and, September 15, 2013 for corresponding quarters. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Johnson to approve the 2012/13 promotional service contract with Fremont Chamber of Commerce with the following amendment, due to the size of the contract, for payment terms: Single payment to be made upon proof of services as outlined in agreement are rendered. Contract was also amended to change type of agreement from Professional Services Agreement to Contract for Promotional Service. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Gitt, seconded by Council Member Eairleywine to continue to the October 30, 2012 Council meeting the request of Relay for Life for fireworks display on May 31, 2013 at Memorial Stadium. Fire Chief Bernt to get more information regarding the size and grade of fireworks to be used as complaints of debris have been received from homeowners in the vicinity from last year’s fireworks. Roll call vote: 8 ayes. Motion carried. The Mayor offered the name of Donald Simon as Building Inspector. Moved by Council Member Stange, seconded by Council Member Bixby to approve the appointment. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to approve the Community Development Block Grant Comprehensive Revitalization Project 11-CR-003 Rehabilitation Program Guidelines, Housing Reuse Plan for Recaptured and Program Income Funds, and Subordination Policy. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Johnson to approve Resolution No. 2012-203 adopting Title VI Non-Discrimination Agreement with the Nebraska Department of Roads. Roll call vote: 8 ayes. Motion carried. The Mayor announced the next meeting will be October 30, 2012. Moved by Council Member Stange, seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:39 p.m. 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 Council President 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