City Council

CITY COUNCIL MEETING April 9, 2013 5:00 P.M. 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, Anderson, Hoppe and Kuhns present, Bixby and Navarrette absent – 6 present, 2 absent. Grievance hearing regarding employment of Harlan Stork was conducted. City Administrator Shotkoski served as Hearing Officer. Attorneys presented evidence and examined witnesses. Moved by Council Member Johnson, seconded by Council Member Kuhns to go into executive session for the purpose of discussing a strategy session with respect to evaluation of the job performance of a person and such person has not requested a public meeting 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 session with respect to evaluation of the job performance of a person and such person has not requested a public meeting 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 session with respect to evaluation of the job performance of a person and such person has not requested a public meeting and for the further reason that the executive session is necessary for the protection of the public interest. Roll call vote: 6 ayes. Motion carried. The Mayor stated a motion to go into executive session for the purpose of discussing a strategy session with respect to evaluation of the job performance of a person and such person has not requested a public meeting 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 evaluation of the job performance of a person and such person has not requested a public meeting. No official actions or votes would be taken during the executive session. Executive session began at 6:39 p.m. Moved by Council Member Anderson, seconded by Council Member Stange to come out of executive session. Roll call vote: 6 ayes. Motion carried. Executive session ended at 6:53 p.m. Moved by Council Member Johnson, seconded by Council Member Kuhns to approve the employment grievance of Harlan Stork. Roll call vote: 6 ayes. Motion carried. Council Member Navarrette entered the meeting at 6:57 p.m. Moved by Council Member Navarrette, seconded by Council Member Stange to approve the consent agenda. Roll call vote: 7 ayes. Motion carried. • Dispense with March 26, 2013 minutes • March 27 – April 9, 2013 claims  • Report of the Treasury • Resolution No. 2013-065 granting permission to consume alcohol on City property for Kimberly Baker, City Auditorium, June 8, 2013, wedding; Kim Brown, City Auditorium, June 1, 2013, fundraiser • Resolution No. 2013-066 approving Special Designated Permit applications for Rise’s Drive- In Liquor, 925 North Broad, April 27, 2013, June 15, 2013 and July 20, 2013, receptions; DeSauce Development, 900 North Clarkson, May 4, 2013, reception • Cement worker application of Kyle Timmer and Oldcastle Materials Midwest/Omni Engineering • Resolution No. 2013-067 approving amended III CORPS Task Force Interlocal Agreement • Resolution No. 2013-068 to accept and award bid to Diers Ford Lincoln for two new ¾ ton 4x4 Regular Longbox Trucks for Parks • Resolution No. 2013-069 to accept and award bid to Fauss Construction for Police Station Window Replacement • Resolution No. 2013-070 approving lease with the Nebraska Wing of Civil Air Patrol for space at the Fremont Municipal Airport • Change Order No. 5 in the amount of $2,417.36 to Elkhorn West Construction for miscellaneous interior changes for Police Station Renovation Project (PSAP) • Resolution No. 2013-071 approving project payment #6 in the amount of $5,669.21 and project payment #7 in the amount of $8,743.80 to Elkhorn West Construction for Police Station Renovation Project (PSAP) • Resolution No. 2013-072 approving Keep Fremont Beautiful contract • Resolution No. 2013-073 vacating part of permanent utility easement across Lot 14, Block 1, Day Acres East Addition Moved by Council Member Johnson, seconded by Council Member Navarrette to reconsider Resolution No. 2013-040 approving Connie Lynn & Paul Barron and Lu Ann & Gary Ehmcke request to subdivide part NW ¼ 19-17-9 East of 6th PM lying south of Military Avenue excepting South 380 feet and excepting Tax Lot 13 into two lots. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Anderson to amend, as presented, Resolution No. 2013-040. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to approve Resolution No. 2013-040, as reconsidered and amended, approving Connie Lynn & Paul Barron and Lu Ann & Gary Ehmcke request to subdivide part NW ¼ 19-17-9 East of 6th PM lying south of Military Avenue excepting South 380 feet and excepting Tax Lot 13 into two lots. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Anderson to award Keno Match grants as follows: Downtown Improvement District in the amount of $3,500 for Christmas Decorations, Friends of Fremont Area Parks Incorporated in the amount of $30,000 for Christensen Field Main Arena Floor resurfacing, Ridge Cemetery Association Incorporated in the amount of $8893.58; Keno Challenge grants as follows: Fremont Area Chamber of Commerce Branding Task Force in the amount of $16,000 for Pathfinders public banners and Fremont High School in the amount of $5,000 for electronic marquee at Fremont High. Roll call vote: 7 ayes. Motion carried. Council Member Stange stated he would be abstaining from the request of Jack Nitz & Associates request to waive rental fees at Christensen Field due to a conflict of interest. The Mayor requested a motion in regard to the request. There being none, item died. The Mayor announced the Memorandum of Agreement regarding Fremont Commons development project and the Preliminary Plat of Fremont Commons, NW ¼ 17-17-9 is pulled from the agenda for consideration at a later date. Moved by Council Member Kuhns, seconded by Council Member Eairleywine to go into executive session for the purpose of discussing a strategy session with respect to collective bargaining 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 session with respect to collective bargaining 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 session with respect to collective bargaining 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 collective bargaining 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 collective bargaining. No official actions or votes would be taken during the executive session. Executive session began at 7:26 p.m. Moved by Council Member Stange, seconded by Council Member Kuhns to come out of executive session. Roll call vote: 7 ayes. Motion carried. Executive session ended at 8:01 p.m. The Mayor announced the next regular meeting will be April 30, 2013 at 7:00 p.m. Moved by Council Member Anderson, seconded by Council Member Kuhns to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 8:02 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