City Council

CITY COUNCIL MEETING JANUARY 29, 2013 7:00 P.M. After the study session, 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, Bixby, Anderson, Hoppe and Kuhns present, Council Member Eairleywine absent – 7 present, 1 absent. Moved by Council Member Stange, seconded by Council Member Navarrette to open the public hearing on the Class D liquor license application of Bosselman Pump & Pantry Inc. dba Pump & Pantry #48, 3441 East 24th Street. Roll call vote: 7 ayes. Motion carried. Brandi Bosselman with Bosselman Pump & Pantry Inc. stated they are committed to their store in Fremont. She also stated they have policies in place for training employees dealing with the selling of alcohol and have a Bosselman Cares program. She further stated their cash registers require a birth date to be entered before payment can be accepted and they have a zero tolerance policy with termination for any employee selling to underage persons. There being no further testimony, moved by Council Member Johnson, seconded by Council Member Stange to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Navarrette to recommend approval of the Class D liquor license application of Bosselman Pump & Pantry Inc. dba Pump & Pantry #48, 3441 East 24th Street. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Navarrette to approve Resolution No. 2013-006 recommending the Class D liquor license application of Bosselman Pump & Pantry Inc. dba Pump & Pantry #48, 3441 East 24th Street. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Hoppe to approve the consent agenda. Roll call vote: 7 ayes. Motion carried. • Dispense with January 8, 2013 minutes • January 9 – 29, 2013 claims • Resolution No. 2013-007 granting permission to consume alcohol on City property for Roger Larsen, City Auditorium, March 23, 2013, KHUB Polka Party; Jose Ramirez, Friendship Center, July 6, 2013, wedding; David Poppe, Friendship Center, March 16, 2013, banquet; Kim Brown, City Auditorium, February 9, 2013, fundraiser; Roxanne Struthers, Friendship Center, September 28, 2013, wedding reception; Stephen Barr, Christensen Field, March 23, 2013, party; Abby Aronson, Moller Center, March 15, 2013, rehearsal dinner • Resolution No. 2013-008 approving Special Designated Permit applications of Burtonian Enterprises LLC, 925 North Broad, February 9, 2013, fundraiser; Rise’s Drive-In Liquor, 700 East 10th, March 9, 2013, fundraiser; Fremont Cosmopolitan 100 Club, 929 North Broad, March 23, 2013, dance; Rise’s Drive-In Liquor, 925 North Broad, March 16, 2013, reception; Rise’s Drive-In Liquor, 1730 West 16th, February 22, 2013, reception; Mitch Sawyer, 1710 West 16th, March 2, 2013, Pheasants Forever banquet fund raiser • Cement worker application of Michael Hudson and Pave the Way • Resignation of Janet Jelkin from Library Board • Resignation of Kellee Rasmussen from the Downtown Improvement District Board • Reappointment of Nick Sassaman to the Downtown Improvement District Board for a five year term ending February 2018 • Appointment of Nick Sassaman to the Planning Commission to fill an unexpired term ending April 2013 • Reappointment of Scott Brown and Donald Brown to the Building Code Advisory and Appeals Board for a three year term ending November 2015 • Reappointment of Ed Springgate to the Electrical Examining Board for a five year term ending December 2017 • Appointment of Curt Friedrich as a regular member to the Board of Adjustment to fill an unexpired term ending September 2014 • Appointment of Scott Brown as an alternate member to the Board of Adjustment to fill an unexpired term ending September 2014 • 2013 Fee Structure for Parks and Recreation Services • Resolution No. 2013-009 approving Radiological Emergency Reception Plan for Nuclear Power Plant incidents • Resolution No. 2013-010 to accept and award bid to Inotek in the amount of $16,315 for Public Service Answering Point Uninterruptible Power Supply System • Resolution No. 2013-011 to accept and award bid to S.T. Cotter Turbine Services, Incorporated in the amount of $513,046 for Unit #8, turbine overhaul • Appointment of Jesse Vincent as firefighter • Resolution No. 2013-013 to accept and award bid to Gifford Realty, Incorporated in the amount of $133,885 for Ronin Pool Filter project • Resolution No. 2013-014 approving Keith & Jacqueline Roumph request to combine Lot 9 and TL 79 (aka Part of Lot 1), Meierhenry Subdivision into one lot • Resolution No. 2013-015 approving Brian Wiese request to combine North 44’ Lot 8 and South 51.68’ Lots 5-7, Pierce’s Annex into one lot • Resolution No. 2013-016 approving Brian Wiese and Matt and Dawn Updike request to subdivide Lots 5-11, Pierce’s Annex into two lots  • Resolution No. 2013-017 approving Matt and Dawn Updike request to combine North 75’ of Lots 5-7, Pierce’s Annex into one lot • Resolution No. 2013-018 approving MainStreet of Fremont request to erect banners & flower baskets on light poles in public right-of-way in the downtown district • Fauss Construction request to close sidewalk at 109 East 6th from February 1st to April 1st, 2013 for building façade work • Professional Services Agreement with JEO Consulting Group, Incorporated for additional engineering fees for design and bidding services for Park Avenue Improvements – 2nd Street to Military Avenue • Professional Services Agreement with JEO Consulting Group, Incorporated for design phase services for Main Street Asphalt Resurfacing, 1st Street to 3rd Street • Professional Services Agreement with Olsson Associates for Fremont Pedestrian Signals project • Professional Services Agreement with Dodd Engineering and Surveying, LLC for engineering design of N Hancock Street Reconstruction, 16th Street to 19th Street • Professional Services Agreement with Dodd Engineering and Surveying, LLC for engineering design of West 6th Street Reconstruction, M Street to Marvin Court • Professional Services Agreement with Dodd Engineering and Surveying, LLC for engineering design of West 19th Street Resurfacing, Nye Avenue to Somers Avenue • Professional Services Agreement with Dodd Engineering and Surveying, LLC for engineering design of West 16th Street Resurfacing, Nye Avenue to Colson Avenue • Resolution No. 2013-019 approving PR#4 to Sawyer Construction in the amount of $12,343.50 for Paving District No. 548 – Main, 1st to 3rd and PR#4 to Elkhorn West Construction in the amount of $5,576.19 for Police Station Renovation Project (PSAP) • Reappointment of Bob Brown to Park and Recreation Board for a three year term ending January 2016 Moved by Council Member Anderson, seconded by Council Member Bixby to receive and file petition against a conditional use permit at 346 West 16th Street. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Anderson to receive and file letters of support for a conditional use permit at 346 West 16th Street. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Navarrette to approve David and Susan Fink request to allow a bed and breakfast as part of a permitted conditional use at 346 West 16th Street. Conditional Use to be valid unless any of the following occurs: the sale of either 1605 North H or 346 West 16th Street; the sale of the business; or, David and Susan Fink not residing at either 1605 North H or 346 West 16th Street. Roll call vote: 5 ayes, 2 nays (Stange and Johnson). Motion carried. Moved by Council Member Anderson, seconded by Council Member Kuhns to approve Mark Guilliatt request to allow residential on second floor in Downtown Commercial District at 415 North Main. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an ordinance approving Keith and Jacqueline Roumph request to rezone Lot 9 and TL 79, Meierhenry Subdivision from LI – Limited Industrial District to GI – General Industrial District. The second reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Navarrette to approve staff to proceed on the development agreement for Fremont Commons request to use Utility and Infrastructure Sales Tax funds for the building of lift station and sanitary sewer connection at southeast corner of US Highway 30 and 275. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Kuhns to approve Change Order No. 4 in the amount of $10,579.19 to Elkhorn West Construction for additional electrical and HVAC work for Public Service Answering Point construction project. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to approve Change Order No. 1 in the amount of $785.00 to Luxa Construction Company for 2012 Airport Apron Rehab Joint Seal and Fog Seal. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the second reading, by title only, of an ordinance implementing an occupation tax on solid waste collection hauling. The third reading will be at the next regular Council meeting. The City Clerk gave the second reading, by title only, of an ordinance implementing an occupation tax on food services, drinking places and restaurants. Moved by Council Member Navarrette, seconded by Council Member Bixby to amend the ordinance by adding language for a 2% reimbursement fee for collection of the tax by the taxpayer and language for the ordinance to sunset after eight (8) years. Roll call vote: 7 ayes. Motion carried. The third reading will be at the next regular Council meeting. Moved by Council Member Navarrette, seconded by Council Member Stange to approve Resolution No. 2013-012 to accept and award bid to Penro Construction Company in the amount of $237,822.95 for Sewer Extension District SE-802-12 and Water Main Extension on County Road 20 ¼ Avenue across Highway 30. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Johnson to go into executive session for the purpose of discussing a strategy with respect to pending litigation on Improvement Unit 97 and for the further reason that the executive session is necessary for the protection of the public interest. The Mayor stated a motion had been made and seconded to go into executive session for the purpose of discussing a strategy with respect to pending litigation on Improvement Unit 97 and for the further reason that the executive session is necessary for the protection of the public interest. The Mayor asked for discussion. There being none, the Mayor stated the pending motion was to go into executive session for the purpose of discussing a strategy with respect to pending litigation on Improvement Unit 97 and for the further reason that the executive session is necessary for the protection of the public interest. Roll call vote: 7 ayes. Motion carried. The Mayor stated a motion to go into executive session for the purpose of discussing a strategy session with respect to pending litigation on Improvement Unit 97 and for the further reason that the executive session is necessary for the protection of the public interest had been approved. Discussion would be limited to a strategy session with respect to pending litigation on Improvement Unit 97. No official actions or votes will be taken during the executive session. Executive session began at 9:30 p.m. Moved by Council Member Bixby, seconded by Council Member Navarrette to come out of executive session. Roll call vote: 7 ayes. Motion carried. Executive session ended at 9:41 p.m. Moved by Council Member Bixby, seconded by Council Member Navarrette to approve Resolution No. 2013-020, as read by the City Clerk, authorizing the City Attorney to waive any defect of service and enter a voluntary appearance if necessary regarding Roland Johnson v. City of Fremont, CI 13-9, in the District Court of Dodge County. Roll call vote: 7 ayes. Motion carried. The Mayor announced the next regular meeting will be February 12, 2013 at 7:00 p.m. with a Council Study Session February 5, 2013 at 5:30 p.m. Moved by Council Member Bixby, seconded by Council Member Kuhns to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 9:44 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 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 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 the 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 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