City Council

CITY COUNCIL MEETING August 27, 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 Kuhns to open the public hearing on the Class D liquor license application of MLB Team LLC dba The Quik Spot, 1156 West 23rd. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Stange, seconded by Council Member Eairleywine to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to recommend approval of the Class D liquor license application of MLB Team LLC dba The Quik Spot, 1156 West 23rd. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to approve Resolution No. 2013-151 approving the Class D liquor license application of MLB Team LLC dba The Quik Spot, 1156 West 23rd. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Navarrette to open the public hearing on the Class D liquor license application of MLB Team LLC dba The Quik Spot, 740 North Davenport. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Stange, seconded by Council Member Bixby to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Eairleywine to recommend approval of the Class D liquor license application of MLB Team LLC dba The Quik Spot, 740 North Davenport. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to approve Resolution No. 2013-152 approving the Class D liquor license application of MLB Team LLC dba The Quik Spot, 740 North Davenport. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Eairleywine to open the public hearing on the 2013-2014, 2014-2015 fiscal year budgets. Roll call vote: 7 ayes. There being no testimony, moved by Council Member Navarrette, seconded by Council Member Bixby to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Bixby to introduce an ordinance adopting 2013-2015 budget statement termed the appropriation bill. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance adopting the 2013-2015 budget statement termed the appropriation bill. The second reading will be at the next regular Council meeting. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to open the Public hearing to set the final City tax rate for 2013-2014 and 2014-2015 fiscal year. Roll call vote: 7 ayes. Motion carried. Craig Corn, 2705 Brentwood, asked if the property tax request was up or down. Mayor Getzschman stated it was basically flat. Director of Finance Sanders stated it was actually up by $375,000 for the enforcement and implementation of the illegal immigration ordinance. Mr. Corn questioned if the City wins the court case will the citizens get a refund. Mayor Getzschman stated they will not receive a paper refund but that the taxes will be used for property tax relief. There being no further testimony, moved by Council Member Stange, seconded by Council Member Bixby to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to approve Resolution No. 2013-153 setting property tax request at $5,278,424 for 2013-2014 fiscal year and at $5,286,924 for 2014-2015 fiscal year. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Kuhns to approve Resolution No. 2013-154 setting final City tax rate of $.0.377050/$100 valuation for 2013-2014 fiscal year. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Bixby to approve Resolution No. 2013-155 setting final City tax rate of $.023776/$100 valuation for 2013-2014 fiscal year for Splash Station. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to approve additional 1% increase in base limitation on restricted fund authority for 2013-2015 fiscal years. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Navarrette to approve the consent agenda. Roll call vote: 7 ayes. Motion carried. • Dispense with and approve August 13 and 20, 2013 minutes • August 13 - 27, 2013 claims • Resolution No. 2013-156 approving Special Designated Permit applications for Rise’s Drive-In Liquor, 541 North Broad, May 24, 2014, reception; Rise’s Drive-In Liquor, 1730 West 16th, September 28, 2013, reception; Whis’s End Zone, 1710 West 16th, October 12, 2013, wedding reception; Whis’s End Zone, 925 North Broad, October 24, 2013, banquet; 1644 Steele LLC, 925 North Broad, October 19, 2013, reception • With the Board of Public Works recommendation, Resolution No. 2013-157 to accept and award bid in the amount of $3,747,527 to Clyde Bergemann Power Group Americas Incorporated for Electrostatic Precipitator Repair Project at power plant • With the Board of Public Works recommendation, Resolution No. 2013-158 to accept and award bid in the amount of $230,942 to S.T. Cotter Turbine Services Incorporated for Turbine # 6 Overhaul Project at power plant • Resolution No. 2013-159 assessing nuisance lien in the amount of $420.50 against West 8’ Lot 3, Frac Lot 4, Block 102, Bakers (835 W 9th – owner: Micheal McElroy) • Resolution No. 2013-161 approving replat of Lots 6-8, Block 2, Day Acres East Fourth Addition (1036, 1048 and 1060 North Eastwood Drive - Roger Pannier) • Appoint Todd Coffey as Fire Lieutenant • Cement worker applications of Mark Muller & Telcom Construction Inc, and Jeff Johnson & Jeff Johnson Construction • Resolution No. 2013-162 approving agreement with CenturyLink for phone service at Police Department • Tort Claim of Rex Kuntzelman, 1840 East 19th • Tort Claim of Harold Riley, 1710 East 19th • Tort Claim of Shannon Dockweiler, Clarkson & Military • Tort Claim of Shirley Allen, 1044 East 8th • Tort Claim of Euguene Nicholson, 1029 East 8th • Tort Claim of Rebecca Sullivan, 755 North Pebble • Tort Claim of Sinai Lutheran Church, 950 East 8th The City Clerk gave the third reading, by title only, of an Ordinance amending Fremont Municipal Code 9-604 relating to the 2006 International Building Code; adopting the 2006 International Residential Code and the 2010 Edition of the Department of Justice’s ADA Standards for Accessible Design. Roll call vote: 7 ayes. Ordinance No. 5278 passed. Moved by Council Member Johnson, seconded by Council Member Bixby to amend, as presented, an Ordinance amending Fremont Municipal Code Chapters Five, Eight, Nine and Ten relative to Utility Type Vehicles, Sidewalks & Curbs, Driveways, Trees & Shrubs, Swimming Pool Enclosure, Asphalt and Concrete Work. The amendments that were requested at the August 13th, 2013 Council meeting were incorporated into the Ordinance. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the third reading, as amended, by title only, of an ordinance amending Fremont Municipal Code Chapters Five, Eight, Nine and Ten relative to Utility Type Vehicles, Sidewalks & Curbs, Driveways, Trees & Shrubs, Swimming Pool Enclosures, Asphalt and Concrete Work. Roll call vote: 7 ayes. Ordinance No. 5279 passed. Moved by Council Member Johnson, seconded by Council Member Navarrette to approve Resolution No. 2013-163 establishing a policy for trees in the City right-of-way. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Navarrette to approve Resolution No. 2013-164 authorizing a professional services agreement with JEO Consulting, Incorporated and the Nebraska Department of Roads for construction engineering services, Military Avenue, Broad to Bell. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Navarrette to approve Resolution No. 2013-165 authorizing PR#3 in the amount of $53,913.60 to Fauss Construction, Inc. for Police Station Window Replacement. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Stange to amend the final plat of the Fremont Technology Park increasing from 30 to 60 feet the easement following the projection of Lincoln Street, from 29th to 32nd and designating the easement as Utility. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Eairleywine to approve Resolution No. 2013-160 approving Final Plat of Fremont Technology Park, Lots 2-8 and Tax Lot 144 of D Schroeder’s Subdivision. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Navarrette to introduce an Ordinance conveying Lot 2, Fremont Technology Park to Great Plains Communications. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Bixby to suspend the rules and place on final reading the Ordinance conveying Lot 2, Fremont Technology Park to Great Plains Communications. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the final reading, by title only, of an Ordinance conveying Lot 2, Fremont Technology Park to Great Plains Communications. Roll call vote: 7 ayes. Ordinance No. 5280 passed. Moved by Council Member Johnson, seconded by Council Member Hoppe to approve Resolution No. 2013-166 approving preliminary engineering services agreement with Kirkham, Michael & Associates, Incorporated and Nebraska Department of Roads for Fremont 23rd Street Viaduct. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Eairleywine to approve Resolution No. 2013-167 awarding property, liability, and crime insurance program to League Association of Risk Management. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to approve Resolution No. 2013-168 authorizing a lease for Memorial Stadium with Midland University. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Bixby to introduce an Ordinance pertaining to pay plan for City of Fremont governmental officers and employees. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance pertaining to pay plan for City of Fremont governmental officers and employees. The second reading will be at the next regular Council meeting. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to introduce an Ordinance pertaining to pay plan for City of Fremont Utility officers and employees. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance pertaining to pay plan for City of Fremont Utility officers and employees. The second reading will be at the next regular Council meeting. The Mayor announced the next regular meeting will be September 10, 2013 at 7:00 p.m. Moved by Council Member Navarrette, seconded by Council Member Bixby to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 8:32 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