City Council

CITY COUNCIL MEETING OCTOBER 30, 2012 7:00 P.M. After the 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, Eairleywine, Bixby, Anderson and Hoppe present, Gitt and Navarrette absent – 6 present, 2 absent. Moved by Council Member Stange, seconded by Council Member Eairleywine to approve the consent agenda. Roll call vote: 6 ayes. Motion carried.  Dispense with reading of minutes September 25 and October 2, 2012  October 10 – October 30, 2012 claims  Resolution No. 2012-209 granting permission to consume alcohol on City property Kimberly Baker, City Auditorium, June 29, 2013, wedding reception; Chris Johannesen, Moller Center, November 22, 2012, Thanksgiving; Gustavo Guerrero, Christensen Field Indoor Arena, November 17, 2012, rodeo & dance; Reina Rivera, City Auditorium, April 27, 2013, wedding reception; Jason Jarosz, Christensen Field, March 2, 2013, Pheasants Forever banquet; Damien Hartung, City Auditorium, October 24, 2013, Ducks Unlimited banquet; Evelyn Sanchez, Moller Center, November 10, 2012, baptism  Resolution No. 2012-210 approving Special Designated Permit for Chip’s Restaurant & Bar, November 16, 2012, 925 North Broad, reception and dance; Mitch Sawyer, 1710 West 16th, November 24, 2012, reception and dance; DeSauce Developments, December 4, 2012, 1005 East 23rd, reception; DeSauce Developments, January 25, 2013, 1710 West 16th, reception; Rick Nelson, November 23, 2012, 925 North Broad, other (party)  MainStreet of Fremont request to close Schweser’s Parking lot for live reindeer attraction; close Main Street from 1st to 6th and 6th to Park from 5:00 p.m. to 7:00 p.m. for parade; and, close three parking stalls on east side of Park between 5th and 6th Streets for carriage loading/unloading all on November 23, 2012 for annual Christmas Walk events  Resolution No. 2012-212 authorizing Interlocal agreement between the cities of Fremont, Blair, Wahoo, West Point and Ashland and the counties of Dodge, Cuming, Washington and Saunders for the III Corp Drug Task Force  Resolution No. 2012-213 authorizing Outside Fire Contracts from October 8, 2012 to October 8, 2013  Resolution No. 2012-214 to accept Itemized Statement of Cost, Complete Cost, Tentative Schedule of Assessments and set date of Board of Equalization for November 27, 2012 for Paving District No. 545 (Clarkson – 32nd Street North)  Resolution No. 2012-215 authorizing execution of Airport Farm Lease through The Pathfinder with Kracl Farms for crop years 2013 and 2014 with option to renew for years 2015 and 2016  Lease renewals for City owned Airport hangars for a five year period ending January 1, 2018  Resolution No. 2012-216 changing 2 hour metered parking to 2 hour parking on Main Street, 1st to Military Avenue and 6th Street, Broad to Main  Resolution No. 2012-217 approving project payment PR#4&final to IES Commercial Inc. in the amount of $4,595.52 for Traffic Signal Improvements – Military Avenue and Johnson Road; PR#5&final to M.E. Collins Contracting Company, Inc. in the amount of $9,412.16 for Luther Road Turn Lane Improvements; PR#2 to Elkhorn West Construction in the amount of $27,106.78 for Police Station Renovation Project (PSAP); PR#1 to M.E. Collins Contracting Company, Inc. in the amount of $79,117.47 for 23rd Avenue North and Lincoln Intersection Improvements; PR#1 to Luxa Construction in the amount of $45,729.27 for South Hangar Complex Paving and Utility Improvements  Northeast Nebraska Economic Development District Service Agreement for Housing Administration of Nebraska Affordable Housing Program (Program Income and Loan Portfolio)  Coranco Great Plains request for easement agreement to install replacement monitoring well at Masonic Park  Cement worker application of Zach Sorensen  Resolution No. 2012-218 approving interlocal agreement with Three Rivers District Health Department to provide vital public health programs and services to Dodge, Saunders and Washington Counties  Resolution No. 2012-219 authorizing Professional Services Agreement with JEO Consulting Group for Nebraska Department of Roads State Lakes Trail Project  Resolution No. 2012-220 to accept Itemized Statement of Cost, Complete Cost, Tentative Schedule of Assessments and set date of Board of Equalization for November 27, 2012 for Street Improvement Unit No. 97 (Donna – Howard to Jean)  Resolution No. 2012-221 approving St. Patrick’s Catholic Church request to subdivide Lots 5-8, Block 151, Original Town into two lots The City Clerk gave the third 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. Roll call vote: 5 ayes, 1 abstain (Bixby). Ordinance No. 5262 passed. Moved by Council Member Bixby, seconded by Council Member Johnson to approve the request of Relay for Life for fireworks display on May 31, 2013 at Memorial Stadium contingent upon receipt of certificate of insurance in the amount of $1,000,000 naming the City of Fremont as additional insured and that the display be completed by 10:00 p.m. Roll call vote: 6 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Hoppe to suspend the rules and place on final reading an ordinance amending FMC 10-120 relating to hours of sale for alcoholic beverages. Roll call vote: 2 ayes (Anderson and Hoppe), 4 nays (Stange, Eairleywine, Bixby and Johnson). Motion failed. The City Clerk gave the first reading, by title only, of the ordinance. The second reading will be at the next regular Council meeting. Moved by Council Member Anderson, seconded by Council Member Bixby to suspend the rules and place on final reading an ordinance amending FMC 8-301 relating to excavation permits. Roll call vote: 6 ayes. Motion carried. The City Clerk gave the final reading, by title only, of the ordinance. Roll call vote: 6 ayes. Ordinance No. 5263 passed. The City Clerk gave the first reading, by title only, of an ordinance pertaining to pay plan for City of Fremont officers and employees. The second reading will be at the next regular Council meeting. The Mayor offered the name of Jeff Elliott as Chief of Police. Moved by Council Member Stange, seconded by Council Member Hoppe to approve the appointment. Roll call vote: 6 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Bixby to approve the request of Peter Johnson, on behalf of Jim Abel, for Conditional Use Permit to erect detached garage that is not harmonious with primary structure at 255 N Ridge Road, Lot #18, Lake Leba. Roll call vote: 6 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Eairleywine to approve the 2012-2013 fiscal year Keno match grant guidelines and application and authorize the City Attorney to finalize all related documents. Roll call vote: 6 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Hoppe to approve Contract No. 12- UGPR-1035 with Western Area Power Administration of the Department of Energy confirming the continuation of the agreement from 2021 to 2050. Contract has the approval of the Board of Public Works. Roll call vote: 6 ayes. Motion carried. The Mayor announced the next meeting will be November 13, 2012. Moved by Council Member Stange, seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 6 ayes. Motion carried. Meeting adjourned at 7:41 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