City Council

CITY COUNCIL MEETING July 30, 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 Eairleywine, Navarrette, Stange, Johnson, Kuhns, Hoppe and Bixby present, Council Member Anderson 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 Ericon Inc dba Quik Pik, 2010 North Bell. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Eairleywine, seconded by Council Member Bixby to close the public hearing on the Class D liquor license application of Ericon Inc dba Quik Pik, 2010 North Bell. Roll call vote: 7 ayes. Motion carried. Council Member Anderson entered the meeting at 7:04 p.m. Moved by Council Member Navarrette, seconded by Council Member Johnson to recommend approval of the Class D liquor license application of Ericon Inc dba Quik Pik, 2010 North Bell. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Kuhns to approve Resolution No. 2013-129 approving the Class D liquor license application of Ericon Inc dba Quik Pik, 2010 North Bell. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Bixby to approve the consent agenda. Roll call vote: 8 ayes. Motion carried. • Dispense with July 9 and 16, 2013 minutes • July 10 - 30, 2013 claims • Resolution No. 2013-130 approving Special Designated Permit applications for Gathering Hall LLC, 110 South Bud Boulevard, August 15 and 16, 2013, beer garden; Little Chief, 929 North Broad, August 17, 2013, reception • Police Department 2012 annual report received and filed • Resolution No. 2013-131 approving proposal of Hunter Painting, Incorported in the amount of $58,988.00 for Christensen Field Concrete Resurfacing • Cement worker license application of Wayne Fogg and B.W. Remodeling • Resignation of Dan Nelson from Fremont Housing Agency • Resolution No. 2013-132 approving collaboration agreement for recreation facilities with City of Fremont and YMCA of Fremont, Fremont Public School, Archbishop Bergan School, Midland University, Metropolitan Community College, Dodge County • MainStreet of Fremont request to install kiosks at 2nd and Main Streets and at 5th and Park Avenue • Appoint Jolene Giddens to Fremont Housing Agency to fill an unexpired term ending September 2015 • Board of Public Works recommended Resolution No. 2013-133 approving specifications, cost estimate of $850,000.00 and grant permission to advertise for bids for Controls Upgrade at Power Plant • Resolution No. 2013-134 authorizing III Corp Drug Task Force application for Nebraska Crime Commission Byrne/Jag Grant • Appoint Kirk Hillrichs to Mechanical Examining Board for five year term ending June 2018 • Brad Thompson request for oversized driveway approach at 2032 North Donald Street • Resolution No. 2013-135 approving Dan Demuth to subdivide Lot 6, Central Park Subdivision (2949 North Laverna) into two lots • Resolution No. 2013-136 approving Christensen Limited Partnership for second replat of Lots 16-18, Block 1, Deerfield Third Addition • Resolution No. 2013-137 approving Christensen Limited Partnership for replat of Lots 13-17, Block 4, Deerfield Third Addition • Resolution No. 2013-138 approving amendment to Intergovernmental Agreement with Nebraska Department of Environmental Quality for Implementation of Storm Water Management Plan Program • Reappoint Bill Dugan, Eric Johnson, David Monke and Ron Vlach to Airport Advisory Committee for three year terms ending June 2016 • Resolution No. 2013-139 approving Roger Chisholm to subdivide combined Lots 13 and 14, Block 13, Westside Addition into two lots • Resolution No. 2013-140 approving PR#2 in the amount of $43,468.20 to Fauss Construction, Inc. for Police Station Window Replacement Moved by Council Member Johnson, seconded by Council Member Hoppe to approve, with the Board of Public Works recommendation, Resolution No. 2013-141 awarding bid to Fagan Incorporated in the amount of $49,758,937.00 for Air Quality Control System retrofit at Power Plant. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to approve Resolution No. 2013-142 committing $10,000 towards Fremont Public Schools request for proposals from architectural/engineering firms and economic impact consulting firms to analyze the cost of renovating Memorial Stadium and/or building a new stadium. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Anderson to approve Resolution No. 2013-143 approving plans, specifications, cost estimate of $228,000.00 and grant permission to advertise for bids for water and sewer extensions in Lincoln Street from Rawhide Creek to 32nd Street. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to introduce an ordinance amending 2006 International Building Code and 2006 International Residential Code. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance amending 2006 International Building Code and 2006 International Residential Code. The second reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Navarrette to introduce, suspend the rules and place on final reading an ordinance authorizing issuance of $9,980,000 Combined Utility Revenue Bonds, Series 2013 for constructing and acquiring additions and improvements to Electric System. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, by title only, of Ordinance No. 5276 authorizing issuance of $9,980,000 Combined Utility Revenue Bonds, Series 2013 for constructing and acquiring additions and improvements to Electric System. Roll call vote: 8 ayes. Ordinance No. 5276 passed. Moved by Council Member Hoppe, seconded by Council Member Navarrette to introduce, suspend the rules and place on final reading an ordinance approving Eldean Erickson Family Partnership request to rezone Tax Lot 23, 9-17-8 of 6th PM from AG – Agricultural/Urban Reserve District to GI – General Industrial District. Roll call vote: 7 ayes, 1 abstain (Bixby). Motion carried. The City Clerk gave the final reading, by title only, of Ordinance No. 5277 approving Eldean Erickson Family Partnership request to rezone Tax Lot 23, 9-17-8 of 6th PM from AG – Agricultural/Urban Reserve District to GI – General Industrial District. Roll call vote: 7 ayes, 1 abstain (Bixby). Ordinance No. 5277 passed. Moved by Council Member Hoppe, seconded by Council Member Stange to approve Chad Schoeneck request to replace existing cabin with cabin that is an enlargement of non-conforming structure at 2269 Big Island Road Lot B. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to approve Resolution No. 2013-144 awarding bid to Gifford Realty in the amount of $42,623.95 for Municipal Building Parking Lot Improvements. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Kuhns to approve Resolution No. 2013-145 providing for construction of grade separation in vicinity of 23rd Street and closure of public at-grade crossings of 23rd Street, Linden Avenue and Somers Avenue with BNSF Railway Company, Williams Salvage Company and Nebraska Department of Roads for a viaduct. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Kuhns to introduce an ordinance amending Fremont Municipal Code Chapters Five, Eight and Ten relative to Utility Type Vehicles, Sidewalks & Curbs, Driveways, Trees & Shrubs, Asphalt and Concrete Work. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an ordinance amending Fremont Municipal Code Chapters Five, Eight and Ten relative to Utility Type Vehicles, Sidewalks & Curbs, Driveways, Trees & Shrubs, Asphalt and Concrete Work. The second reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Stange to continue to a date uncertain the resolution approving David Greenfield request to subdivide South 110’ Lot 5, Block 141, OT into two lots. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Anderson to go into executive session for the purpose of discussing a strategy with respect to pending litigation on Ordinance No. 5165 regarding illegal immigration and Roland & Karen Johnson special assessment and for the further reason that the executive session is necessary for the protection of the public interest. Roll call vote: 8 ayes. Motion carried. 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 Ordinance No. 5165 regarding illegal immigration and Roland & Karen Johnson special assessment 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 Ordinance No. 5165 regarding illegal immigration and Roland & Karen Johnson special assessment and for the further reason that the executive session is necessary for the protection of the public interest. Roll call vote: 8 ayes. Motion carried. The Mayor stated a motion to go into executive session for the purpose of discussing a strategy with respect to pending litigation on Ordinance No. 5165 regarding illegal immigration and Roland & Karen Johnson special assessment and for the further reason that the executive session is necessary for the protection of the public interest. No official actions or votes would be taken during the executive session. Executive session began at 8:21 p.m. Moved by Council Member Anderson, seconded by Council Member Bixby to come out executive session. Roll call vote: 8 ayes. Motion carried. Executive session ended at 9:05 p.m. The Mayor announced the next study session will be August 6, 2013 at 5:30 p.m. and the next regular meeting will be August 13, 2013 at 7:00 p.m. Moved by Council Member Stange, seconded by Council Member Eairleywine to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 9:06 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