City Council

CITY COUNCIL MEETING September 24, 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, Hoppe, Bixby and Anderson present, Kuhns absent – 7 present, 1 absent. Moved by Council Member Stange, seconded by Council Member Bixby to open the public hearing for Class C liquor license application for Robin Drews dba Dug Out Bar, 239 East 6th Street. 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 Anderson, seconded by Council Member Navarrette to amend the Resolution from class D license to class C license and approve the application. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Hoppe to approve Resolution No. 2013-180, as amended, approving the Class C liquor license application for Robin Drews dba Dug Out Bar, 239 East 6th Street. 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 September 10, 2013 minutes • September 11 - 24, 2013 claims • Resolution No. 2013-181 granting permission to consume alcohol on City property for Hazel Ornelas, August 2, 2014, City Auditorium, 15th birthday party • Receive and file reports from Keep Fremont Beautiful as required by service agreement • 2013/2014 MainStreet of Fremont service contract • Tort claim of Greg Westerman at 1023 East 8th • Tort claim of Karen Burns at 1915 Pearl Street • Tort claim of Daniel Charron at 1326 North Keene • Tort claim of Joel Kotrous at 810 North Grant • Tort claim of Lindsey Muehling at 755 North Bell • Tort claim of Charles Kelberlau at 1612 East 19th • Tort claim of Jim Love at 1764 East 19th • Resolution No. 2013-182 to allow Mark Guilliatte for awning sign to encroach into public right of way at 415 N Main • Resolution No. 2013-183 designating parking restrictions on “C” Street between Military Avenue and 8th Street as van accessible handicapped loading and unloading zone • Rainbow Fleet of Lincoln, Inc., Juris Tontegode and Farmland Fremont Railroad Drainage District request to erect addition at 442 S Ridge Rd Dr #32 at Rainbow Lake as part of permitted conditional use (Council Member Bixby abstained) • Jerry Carlson request to allow for oversized driveway approach at 325 N Platte • Mark Lembke request to allow for oversized driveway approach at 306 N Bell • Resolution No. 2013-185 approving second replat part Block 5, Lots 1 and 2R, Deerfield Third Addition • Resolution No. 2013-186 authorizing execution of Intergovernmental Agreement with State of Nebraska for Stormwater Management • Resolution No. 2013-187 to accept and award the bid to Steve Harris Construction in the amount of $1,585,965.50 for 2013 Military Avenue Paving Improvements • Resolution No. 2013-188 to accept and award the bid to Neuvirth Construction Company in the amount of $259,500 for 2013 Stormwater Pumping Station Screen • International Brotherhood of Electrical Workers union contract • International Association Firefighters union contract • Fraternal Order of Police union contract • Resolution No. 2013-189 adopting personnel handbook for non union employees  • John C Fremont Days Inc request to close parking stalls on Main Street, October 19, 2013 for loading and unloading of trams for Shadows of Fremont event • Resignation of Claire Mares from Ridge Cemetery Association • Tort claim of Marvin and Evelyn Ridder at 1604 East 19th • Resolution No. 2013-190 approving Special Designated Permit application of Gathering Hall LLC, 750 N Clarmar, October 12, 2103, beer garden; Rise’s Drive In, October 5, 2013, 925 N Broad, reception; Burtonian Enterprises, 925 N Broad, October 12, 2013, fund raiser The City Clerk gave the second reading, by title only, of an ordinance establishing electric rates. The third reading will be at the next regular Council meeting. The City Clerk gave the second reading, by title only, of an ordinance establishing sewer rates. The third reading will be at the next regular Council meeting. The City Clerk gave the second reading, by title only, of an ordinance establishing water rates. The third reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Anderson to approve Resolution No. 2013-191 accepting the Itemized Statement of Cost, Complete Cost, Tentative Schedule of Assessments and to set date of Board of Equalization for October 29, 2013 for Paving District No. 548 (Main Street, 1st to 3rd). Roll call vote: 7 ayes. Motion carried. With the Mayor and Civil Service Commission recommendation, moved by Council Member Johnson, seconded by Council Member Bixby to appoint Brennen Oliverius as a firefighter. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Hoppe to introduce an ordinance creating Paving District No. 551, Park Avenue from 5th to Military. Roll call vote: 6 ayes, 1 abstain (Bixby). Motion carried. The City Clerk gave the first reading, by title only, to create Paving District No. 551, Park Avenue from 5th to Military. The second reading will be at the next regular Council meeting. Moved by Council Member Eairleywine, seconded by Council Member Stange to introduce an ordinance creating Paving District No. 552, Park Avenue from 2nd to 4th. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, to create Paving District No. 552, Park Avenue from 2nd to 4th. The second reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Hoppe to continue to October 8, 2013 a Resolution approving the final plat of Ritz Lake. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Bixby to amend and approve Resolution No. 2013-184 authorizing PR#4 in the amount of $16,306.38 to Fauss Construction for Police Station Window Replacement project. Roll call vote: 6 ayes, 1 nay (Johnson). Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to reconsider Resolution No. 2013-169 approving application for the Community Development Block Grant (CDBG) Comprehensive Revitalization Supplemental Project. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Bixby to amend Resolution No. 2013-169 increasing by $50,000 the supplemental project. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Johnson to approve Resolution 2013-169, as reconsidered and amended, authorizing application for the Community Development Block Grant (CDBG) Comprehensive Revitalization Supplemental Project. Roll call vote: 7 ayes. Motion carried. The Mayor announced the next meeting would be October 8, 2013 at 7:00 p.m.. Moved by Council Member Bixby, seconded by Council Member Navarrette to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 7:23 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