City Council

CITY COUNCIL MEETING October 8, 2013 7:00 P.M. After the public comment period, 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 approve the consent agenda. Roll call vote: 8 ayes. Motion carried. • Dispense with and approve September 24, 2013 minutes • September 25 – October 8, 2013 claims • Resolution No. 2013-192 granting permission to consume alcohol on City property for Midland University, October 26, 2014, Memorial Stadium parking lot, Homecoming tailgate • Resolution No. 2013-193 approving Special Designated Permit application for Rise’s Drive- In Liquor, 925 North Broad, November 2, 2013, reception; Little Chief Inc., 1710 West 16th, October 10, 2013, other; Little Chief Inc., 1710 West 16th, October 19, 2013, reception; Little Chief Inc., parking lot along west side of Clarmar north of Military Avenue, October 26, 2013, other; Dodger Bowl, 1710 West 16th, October 26, 2013, dance/reception • Resolution No. 2013-194 assessing nuisance lien against West 8 feet Lot 3, frac Lot 4, Block 102, Baker’s (835 West 9th) – Micheal McElroy • Resolution No. 2013-195 assessing nuisance lien against West 90 feet Lot 8, Block 29, Chases Addition (1308 North Union) – Midwest Management • Resolution No. 2013-196 assessing nuisance lien against Lot 6 except South 6 feet, Block 29, Chases Addition (1340 North Union) – Lavern Huls ETUX • Resolution 2013-197 assessing nuisance lien against North 54.48 feet, Lots 1 & 2, Block 8, Hawthorne Heights (2141 North H) – Jesus & Sarah Sanchez • Resolution No. 2013-198 approving III CORPS Task Force Interlocal agreement effective 10/2013 – 9/2014 • Resolution No. 2013-199 authorizing agreement amendment with Union Pacific Railroad for 2013 Military Avenue Paving project, Pierce to Ridge Road • Tort claim of Joyce Andersen at 769 North Grant • Tort claim of Peg Gaudreau at 767 North Bell • Tort claim of Jordyn Sherman at 426 North Thomas • Resolution No. 2013-200 to reject bids for controls upgrade at Power Plant • Resolution No. 2013-201 to accept and award bid in the amount of $89,845 to Elliott Sanitation Equipment Company for video inspection equipment and trailer for Sewer Department • Resolution No. 2013-202 to accept and award bid in the amount of $189,153 to Sawyer Construction for water and sewer extension at Fremont Technology Park • Midland University request to use Memorial Stadium parking lot for Homecoming tailgate • Resolution No. 2013-203 approving Excel Physical Therapy request to use Johnson Park for YMCA Strong Kids Campaign Run/Walk • Resolution No. 2013-204 approving John C. Fremont Days Inc. request to use City Park for Fall Festival • Resolution No. 2013-205 approving supplement agreement to EMS Billing Agreement • Resolution No. 2013-206 approving professional services agreement with Olsson Associates for Luther Road Improvements – 32nd to 38th Streets • Fraternal Order of Police revised union contract • Resolution No. 2013-208 amending III Corp Drug Task Force Byrne/Jag grant • Cement worker application of Robert Baker and Priority Construction Moved by Council Member Stange, seconded by Council Member Johnson to approve Resolution No. 2013-207 to accept and award bid in the amount of $49,883.01 to M.E. Collins Contracting Company, Incorporated for Alley Pavement Construction, between 5th & 6th Street and Platte Avenue to Logan Street. Roll call vote: 7 ayes, 1 abstaining (Bixby). Motion carried. The Deputy City Clerk gave the third reading, by title only, of an ordinance establishing electric rates. Roll call vote: 8 ayes. Ordinance No. 5284 passed. The Deputy City Clerk gave the third reading, by title only, of an ordinance establishing sewer rates. Roll call vote: 8 ayes. Ordinance No. 5285 passed. The Deputy City Clerk gave the third reading, by title only, of an ordinance establishing water rates. Roll call vote: 8 ayes. Ordinance No. 5286 passed. The Deputy City Clerk gave the second reading, by title only, of an ordinance creating Street Improvement Paving District No. 551 (Park Avenue from 5th to Military). The third reading will be at the next regular Council meeting. The Deputy City Clerk gave the second reading, by title only, of an ordinance creating Street Improvement Paving District No. 552 (Park Avenue from 2nd to 4th Streets). The third reading will be at the next regular Council meeting. Moved by Council Member Stange, seconded by Council Member Navarrette to introduce an Ordinance approving request of Ritz Lake to rezone part NW ¼ 7-17-9 from AG Agricultural/Urban Reserve To MU Mixed Use District. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the first reading, by title only of an ordinance approving request of Ritz Lake to rezone part NW ¼ 7-17-9 from AG Agricultural/Urban Reserve to MU Mixed Use District. Moved by Council Member Bixby, seconded by Council Member Kuhns to suspend the rules and place on final reading an ordinance approving request of Ritz Lake to rezone part NW ¼ 7-17-9 from AG Agricultural/Urban Reserve to MU Mixed Use District. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the final reading, by title only, of an ordinance approving request of Ritz Lake to rezone part NW ¼ 7-17-9 from AG Agricultural/Urban Reserve To MU Mixed Use District. Roll call vote: 8 ayes. Ordinance No. 5287 passed. Moved by Council Member Anderson, seconded by Council Member Hoppe to approve Resolution No. 2013-209 approving the Final Plat of Ritz Lake. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Johnson to introduce an ordinance conveying part of Memorial Park property to Young Men’s Christian Association of Fremont. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the first reading, by title only, of an ordinance conveying part of Memorial Park property to Young Men’s Christian Association of Fremont. The second reading will be at the next regular Council meeting. The Mayor announced a Study Session would be held October 15, 2013 at 5:30 p.m. and the next regular Council meeting would be October 29, 2013 at 7:00 p.m. Moved by Council Member Anderson, seconded by Council Member Eairleywine to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:26 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