City Council

CITY COUNCIL MEETING September 10, 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, Bixby and Anderson present – 8 present, 0 absent. Moved by Council Member Stange, seconded by Council Member Navarrette to open the public hearing on the application for the Community Development Block Grant Comprehensive Revitalization 2013 Supplemental Funds Project. Roll call vote: 8 ayes. Motion carried. Tina Engelbart, Northeast Nebraska Economic Development District, stated the application is for supplemental funds of $250,000 to continue with revitalization in the same target area, including $230,000 for sidewalk ramp replacement for ADA compliance and $20,000 for general administration of the project. The City will provide $125,000 matching funds from gas tax revenues. There being no further testimony, moved by Council Member Johnson, seconded by Council Member Anderson to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to approve Resolution No. 2013-169 authorizing the application to the Nebraska Department of Economic Development for Community Development Block Grant Comprehensive Revitalization 2013 Supplemental Funds. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to approve the consent agenda. Roll call vote: 8 ayes. Motion carried. • Dispense with and approve August 27, 2013 minutes • August 28 – September 10, 2013 claims • Resolution No. 2013-170 granting permission to consume alcohol on City property for Angela Pelster, City Auditorium, June 28, 2014, wedding reception; Lynnette Sellon, Christensen Field, October 19, 2013, wedding; Miguel Valenzuela, City Auditorium, October 5, 2013, baptism • Resolution No. 2013-171 assessing nuisance lien in the amount of $342.24 against Lot 6, except South 6’ Block 29, Chases Addition (1340 N. Union – owner: Lavern Huls ETUX) • Resolution No. 2013-172 assessing nuisance lien in the amount of $342.24 against the West 90’ Lot 8 Block 29, Chases Addition (1308 N. Union – owner: Midwest Management • Resolution No. 2013-173 approving variance for First Baptist Church to erect wood privacy fence at 337 East 6th Street in the downtown fire district  • Excavation worker application of Chris Wulf and Great Plains Communications • Report of the Treasury • Resolution No. 2013-174 to renew League Association of Risk Management (LARM) membership to provide insurance coverage • Amend Community Development Block Grant (CDBG) revolving loan fund plan • Received tort claim of Jason Smith and Amanda Hartung, 750 North Pebble • Received tort claim of Joe and Nancy Kloke, 1702 East 19th • Received tort claim of Kay Klevemann, 1636 East 19th Street • Received tort claim of Peter Hines, 760 North Bell • Received tort claim of Robert Parkins, 1130 East 8th • Received tort claims of Otto Brabec, 755 North Bell and 750 North Pebble • Resolution No. 2013-175 to accept and award bid in the amount of $56,602 to Sawyer Construction Company for 2013 Street Patching – Yager Road • Resolution No. 2013-176 to accept and award bid in the amount of $35,845.13 to Pave The Way Concrete for 2013 Street Patching – Washington Street • Resolution No. 2013-177 to accept and award bid in the amount of $33,781 to Sawyer Construction Company for 2013 Street patching – 18th Street • 2013/2014 fiscal year service contract with Fremont and Dodge County Convention & Visitors Bureau • Outside water connection at 3371 West Highway 30 for Maxine Richter Moved by Council Member Bixby, seconded by Council Member Kuhns to approve Resolution No. 2013-178 establishing a policy for removal of healthy trees in the City right-of-way. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Eairleywine to approve the American Federation of State, County and Municipal Employees (AFSCME) union contract. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Anderson to approve Resolution No. 2013-179 authorizing MainStreet of Fremont to close Second Street from Main to Park on October 24, 2013 from 5:00 p.m. to 7:00 p.m. for annual Halloween Hysteria costume contest. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to approve the request of MainStreet to use City personnel to change seasonal banners in the downtown district. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to reconsider and amend Resolution No. 2013-135 approving Dan Demuth to subdivide Lot 6, Block 1, Central Park Subdivision into two lots. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Johnson to approve Resolution No. 2013-135, as reconsidered and amended, approving Dan Demuth request to subdivide Lot 6, Block 1, Central Park Subdivision into two lots. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Johnson to reconsider and amend Resolution No. 2013-139 approving Roger Chisholm to subdivide combined Lots 13 & 14, Block 13, Westside Addition into two lots. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Kuhns to approve Resolution No. 2013-139, as reconsidered and amended, approving Roger Chisholm request to subdivide combined Lots 13 & 14, Block 13, Westside Addition into two lots. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to suspend the rules and place on final reading an ordinance adopting the 2013-2015 budget statement termed the appropriation bill. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Stange to approve a resolution to move $25,000 of the budgeted funds for fiscal years 2014 and 2015 from the Parks Other Contractual Services to a General Contingency Fund until further action is taken by the council. Roll call vote showed Council Members Johnson and Stange voting aye, Council Members Eairleywine, Navarrette, Kuhns, Hoppe, Anderson and Bixby voting nay - 2 ayes, 6 nays. Motion failed. The Deputy City Clerk gave the final reading, by title only, of an ordinance adopting the 2013-2015 budget statement termed the appropriation bill. Roll call vote: 8 ayes. Ordinance No. 5281 passed. Moved by Council Member Navarrette, seconded by Council Member Johnson to suspend the rules and place on final reading an ordinance pertaining to pay plan for City of Fremont Governmental officers and employees. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Navarrette to increase the City Council Members salary to $500 per month and the Mayor salary to $1,000 per month effective December 9, 2014. Roll call vote showed Council Members Navarrette, Stange, Johnson, Kuhns and Anderson voting aye, Council Members Eairleywine, Hoppe and Bixby voting nay - 5 ayes, 3 nays. Motion carried. The Deputy City Clerk gave the final reading, by title only, of an ordinance pertaining to pay plan for City of Fremont Governmental officers and employees. Roll call vote: 8 ayes. Ordinance No. 5282 passed. Moved by Council Member Navarrette, seconded by Council Member Johnson to suspend the rules and place on final reading an ordinance pertaining to pay plan for City of Fremont Utility officers and employees. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the final reading, by title only, of an ordinance pertaining to pay plan for City of Fremont Utility officers and employees. Roll call vote: 8 ayes. Ordinance No. 5283 passed. Moved by Council Member Anderson, seconded by Council Member Hoppe to reconsider and amend Resolution 2013-153 setting property tax request for 2014-2015 fiscal years. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Kuhns to approve Resolution 2013-153, as reconsidered and amended, setting property tax property tax request at $5,278,424 for 2013-2014 fiscal year and at $5,336,446 for 2014-2015 fiscal year. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Bixby to introduce an ordinance establishing Electric rates. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the first reading, by title only, of an ordinance establishing Electric rates. The second reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Stange to introduce an ordinance for establishing Sewer rates. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the first reading, by title only, of an ordinance establishing Sewer rates. The second reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Eairleywine to introduce an ordinance establishing Water rates. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the first reading, by title only, of an ordinance establishing Water rates. The second reading will be at the next regular Council meeting. The Mayor announced the next meeting would be September 24, 2013 at 7:00 p.m.. Moved by Council Member Bixby, seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 8:02 p.m. I, Lynne McIntosh, the undersigned D e p u t y 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. Lynne McIntosh CMC, Deputy City Clerk