City Council

CITY COUNCIL MEETING May 28, 2013 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, Anderson, Hoppe, Kuhns, Bixby, Eairleywine and Navarrette present – 8 present, 0 absent. Moved by Council Member Bixby, seconded by Council Member Anderson to open the public hearing for the Citizen Advisory Review Committee. Roll call vote: 8 ayes. Motion carried. Chuck Johannsen, Chairman, stated the committee meets every six months to review the functioning and progress of the Economic Development Program. He stated the fund balance as of March 31, 2013 was $4,167,766.80 and uncommitted funds are $2,840,862.67. Council Member Navarrette questioned how the Greater Fremont Development Council and the Citizens Advisory Review Committee interact. Chairman Johannsen stated the relationship is good between the two committees. Mayor Getzschman stressed that the Citizen Advisory Review Committee’s job is to ensure requests for LB 840 funds fit the criteria and not to approve the applications/projects themselves. There being no further testimony, moved by Council Member Stange, seconded by Council Member Eairleywine to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to approve the consent agenda. Roll call vote: 8 ayes with Council Member Bixby abstaining on PCU for Rainbow Fleet of Lincoln, Inc. and Bradley & Susan Anderson (agenda item #14). Motion carried.  Dispense with May 14, 2013 minutes  May 15 – 28, 2013 claims  Resolution No. 2013-089 granting permission to consume alcohol on City property for Cody Hull, City Auditorium, July 27, 2013, wedding reception; Janet Roman, City Auditorium, June 15, 2013, birthday; Kayla Hansen, City Auditorium, October 11, 2014, wedding reception; Victoria Ahl, City Auditorium, June 21, 2014; Brad Victor, August 29, 2013, Christensen Field, combine clinic  Resolution No. 2013-090 approving Special Designated Permit application for Rise’s Drive-In Liquor, 1710 West 16th, June 29, 2013, reception  Cement worker license application of Aaron Karr and Aaron Karr Construction  Fremont Rotary Club request to close west lane of Airport Road for overflow parking for Fly-In Breakfast at Fremont Municipal Airport on August 25, 2013 from 7:30 a.m. to 11:30 a.m.  Permitted Conditional Use request of Rainbow Fleet of Lincoln, Inc and Bradley & Susan Anderson to remove existing trailer and erect new residence with attached garage and deck at 1300 W South #39, Rainbow Lake   Permitted Conditional Use request of Nebco, Inc. to erect new residence with attached deck at 255 N Ridge Rd Dr, Lot 18 and 2 garages and 4 picnic shelters on adjacent lots on portion of Section 21, part Section 20 and part SE ¼ Section 16, all T17N-R8E of 6th PM  Resolution No. 2013-091 approving Rosco5 LLC request to subdivide part of 12-17-8 into two lots  Resolution No. 2013-092 approving JDG Investments request to combine part of Lot 2 and all Lots 3 & 4, Block 1, Umstead’s Addition together with that vacated portion of 14th Street from East Margin of Bell to East Margin of Umstead’s Addition into one lot  Resolution No. 2013-093 approving Robert & Pamela Kreikemeier request to combine TL76 and 77, TL8, TL84-86 into one lot  Resolution No. 2013-094 approving Program Agreement Supplement No. 1 with the Nebraska Department of Roads for Fremont State Lakes Trail  Resolution No. 2013-095 authorizing use of $2,079,040 of LB 840 funds for infrastructure improvements at the Fremont Technology Park and the Morningside Business Park  Muriel Ringle Keeler request for outside City sewer connection at 4150 North Somers  Resolution No. 2013-096 rejecting bids and grant permission to re-advertise for bids for Electrostatic Precipitator repair at the Power Plant  Resolution No. 2013-097 approving request of Grace Church for encroachment of awning sign into public right of way at 109 East 6th  Resolution No. 2013-098 approving PR#2 to Guarantee Roofing in the amount of $39,708 for Library Roof Replacement Project; and, PR#9&final to Elkhorn West Construction in the amount of $6,319.04 for Police Station Renovation Project (PSAP) Moved by Council Member Navarrette, seconded by Council Member Johnson to continue to June 25, 2013 Council meeting the resolution approving Roger Chisholm request to subdivide combined Lots 13 & 14, Block 13, Westside Addition into two lots. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the second reading, by title only, of an ordinance amending Chapter 1 of the Fremont Municipal Code. The third reading will be at the next regular Council meeting. The City Clerk gave the second reading, by title only, of an ordinance amending Chapter 2 of the Fremont Municipal Code. The third reading will be at the next regular Council meeting. Moved by Council Member Johnson, seconded by Council Member Hoppe to remove Section 2-203 titled Council Members; Rules of Conduct. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Johnson to amend Section 2-503 to require a $100,000 bond for the City Administrator. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Johnson to amend 3-501 and 3-502 by removing Utilities General Manager from Hired Officials to Appointed Officers. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to approve Resolution No. 2013-099 amending the connection fee policy for base water grid extensions as presented and approved by the Board of Public Works. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Kuhns to approve the request of Mayor Getzschman to allow Paden Enterprises to have a six foot wide sidewalk in place of grass at 1405 East 23rd Street. Roll call vote: 2 ayes, 6 nays (Bixby, Navarrette, Johnson, Anderson, Stange and Eairleywine). Motion failed. Moved by Council Member Stange, seconded by Council Member Navarrette to approve Resolution No. 2013-100 authorizing no charge for three month non-resident cards for youth participation in the Keene Memorial Library Summer Reading Program. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Stange to go into executive session for the purpose of discussing a strategy with respect to pending litigation from Teens of Tomorrow 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 pending litigation from Teens of Tomorrow and for the further reason that the executive session is necessary for the protection of the public interest and asked for any discussion. The Mayor stated the pending motion was to go into executive session for the purpose of discussing a strategy session with respect to pending litigation from Teens of Tomorrow and for the further reason that the executive session is necessary for the protection of the public interest. Roll call: 8 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 from Teens of Tomorrow 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 from Teens of Tomorrow. No official actions or votes will be taken during the executive session. Executive session began at 8:16 p.m. Moved by Council Member Stange, seconded by Council Member Bixby to come out of executive session. Roll call vote: 8 ayes. Motion carried. Executive session ended at 8:21 p.m. Moved by Council Member Bixby, seconded by Council Member Stange to approve entering into the stipulation as offered by Teens of Tomorrow lawsuit. Roll call vote: 8 ayes. Motion carried. The Mayor announced the next regular meeting will be June 11, 2013 at 7:00 p.m. Moved by Council Member Anderson, seconded by Council Member Hoppe to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 8:22 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