City Council

BOARD OF EQUALIZATION MEETING October 29, 2013 7:00 P.M. After the 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 Members Eairleywine, Navarrette, Stange, Johnson, Kuhns, Hoppe, Bixby and Anderson present – 8 present, 0 absent. Moved by Member Navarrette, seconded by Member Bixby to open the Public Hearing on the schedule of assessments for Paving District No. 548 (Main Street, 1st to 3rd). Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Member Kuhns, seconded by Member Stange to close the Public Hearing. Roll call vote: 8 ayes. Motion carried. Moved by Member Stange, seconded by Member Navarrette to adjourn. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:02 p.m. CITY COUNCIL MEETING October 29, 2013 7:00 P.M. After the study session, 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 Anderson, seconded by Council Member Eairleywine to approve the consent agenda. Roll call vote: 8 ayes with Council Member Bixby abstaining on Resolution No. 2013-220 Final Plat of Deer Pointe Third Addition. Motion carried.  Dispense with and approve October 8, 2013 and October 15, 2013 minutes  October 9 - 29, 2013 claims  Resolution No. 2013-210 granting permission to consume alcohol on City property for Paige Walla, Christensen Field, July 19, 2014, wedding reception; Caylie Ankersen, Christensen Field, October 4, 2014, wedding reception; Kurt Chvatal, Christensen Field, October 11, 2014, wedding reception  Tort claim of Dan Blackburn, 1916 Pearl Street  Tort Claim of Silvia Villegas, 1135 East 8th  Tort claim of Nancy Bogenreif, 740 North Pebble  ArchbishopBergan School request to close 4th Street from C to Union on November 22, 2013 from 5:00 p.m. to midnight for Knight Event Dinner Auction  Resolution No. 2013-211 assessing nuisance lien against South ½ Lots 11 & 12, Block 27, Dorseys (245 South L) – Richard & Florence Dunaway  Resolution No. 2013-212 assessing nuisance lien against Lot 4, Block 20, Dorseys (541 West Jensen) – Jesus & Alisa Deluna  Resolution No. 2013-213 assessing nuisance lien against, Lot 11, Block 2, Northside (2118 North Clarkson) – Bank of America  Appoint Joann Thietje to the Ridge Cemetery Board to fill an unexpired term ending December 2016  Resolution No. 2013-214 approving Special Designated Permit for Rise’s Drive-In Liquor, 1005 East 23rd Street, November 5, 2013, reception  Reconstruction application for Kwik Shop #651 with Class D liquor license (changing to Kwik Shop #654)  Resolution No. 2013-215 approving Outside Fire contracts  Dale Kampschneider request to erect attached garage as permitted conditional use at 3284 Big Island Road, #27  Hurley D. Francisco request to erect accessory building permitted conditional use at 1284 South Ridge Rd #2  Resolution No. 2013-216 to accept and award bid to Gifford Realty Incorporated in the amount of $31,075.00 for Keene Library Vestibule Replacement  Resolution No. 2013-217 approving Calvary Baptist Church request to erect gate that encroaches into public right-of-way at alley at 904 North Bell  Resolution No. 2013-218 to authorize Preliminary Engineering Services Agreement Supplemental No. 1 with HGM Associates for Rawhide Creek Trail Fremont  Resolution No. 2013-219 approving Dillon Real Estate Company, Inc. dba Kwik Shop request to combine Lots 4-7 and West 30’ Lot 8, Block 112, together with vacated alley adjacent into one lot  Resolution No. 2013-220 approving Final Plat of Deer Pointe Third Addition  Resolution No. 2013-221 approving PR#1&Final to Gifford Realty, Inc. in the amount of $45,984.30 for Municipal Building Parking Lot Improvements and PR#5&Final to Fauss Construction, Inc. in the amount of $1,811.82 for Police Station Window Replacement  Resolution No. 2013-222 approving farm lease renewal with Elkhorn Crossing LLC for Technology Park farm  Resolution No. 2013-223 assessing nuisance lien against Lot 3 Block 2 Country Club Estates 2nd (1309 Watson) – Metlife Home Loans  Extension of Downtown Revitalization Façade Project for Elizabeth Lund for 310 E Military  Resolution No. 2013-224 authorizing execution of agreement with Northeast Nebraska Economic Development District for blight study and substandard study of the 23rd/Bell/ Yager area  Resolution No. 2013-225 assessing nuisance lien against, Lot 4, Block 3, Phelps (1233 East 18th) – Steven and Cindy Kelsey  Resolution No. 2013-226 approving MainStreet of Fremont request to close Schweser’s Parking lot at 6th and Park from 5:00 to 7:00 p.m. and three parking stalls on north side of 6th and parade route on November 29, 2013 for annual Christmas Walk events  Grant application for equipment through Firehouse Subs Public Safety Foundation for Fire Department  Tort claim of Tami Hall, 728 North Platte Avenue  Resolution No. 2013-227 approving YMCA/City of Fremont request to split part of Lot 134 into two lots   Resolution No. 2013-228 approving YMCA/City of Fremont request to combine part of Lots 134, 73, 106, 188 and 133 into one lot Moved by Council Member Anderson, seconded by Council Member Navarrette to approve the recommendation of the Mayor to reappoint Frank Kment to the Fremont Housing Agency for a five year term ending September 2018. Moved by Council Member Johnson, seconded by Council Member Eairleywine to reconsider Resolution No. 2013-169 approving the application for Community Development Block Grant (CDBG) Comprehensive Revitalization Supplemental project. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to amend Resolution No. 2013-169 by increasing the Comprehensive Revitalization Supplement project application an additional $22,200 for a total estimated project cost of $473,300 for infrastructure improvements. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Navarrette to approve Resolution No. 2013-169, as reconsidered and amended. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to reconsider Resolution No. 2013-209 approving the final plat of Ritz Lake. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Stange to amend Resolution No. 2013-209 by adding to Section III that the “developer shall consent to the Development Agreement as attached”. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Navarrette to approve Resolution No. 2013-209, as reconsidered and amend. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Stange to continue to November 26, 2013 Council meeting the request of Rodney and Doris Kempkes to erect addition to existing cabin, a detached garage, gazebo and tool shed as permitted conditional use at 1300 West South Street, Lot #9, Rainbow Lake. Roll call vote: 7 ayes, 1 abstain (Bixby). Motion carried. Moved by Council Member Johnson, seconded by Council Member Hoppe to approve Resolution No. 2013-229 rescinding Resolution No. 2013-207 awarding bid to M.E. Collins Contracting Company for Alley Paving Construction between 5th and 6th, Logan and Platte. Roll call vote: 7 ayes, 1 abstain (Bixby). Motion carried. Moved by Council Member Bixby, seconded by Council Member Eairleywine to approve Resolution No. 2013-230 levying a special tax and assessments for Paving District No. 548 (Main Street, 1st to 3rd). Roll call vote: 8 ayes. Motion carried. The City Clerk gave the third reading, by title only, of an Ordinance creating Street Improvement Paving District No. 551 (Park Avenue from 5th to Military). Roll call vote: 6 ayes, 2 abstain (Bixby and Navarrette). Ordinance No. 5288 passed. The City Clerk gave the third reading, by title only, of an Ordinance creating Street Improvement Paving District No. 552 (Park Avenue from 2nd to 4th). Roll call vote: 8 ayes. Ordinance No. 5289 passed. The City Clerk gave the second reading, by title only, of an Ordinance conveying part of Memorial Park property to Young Men’s Christian Association of Fremont. The third reading will be at the next regular Council meeting. Moved by Council Member Johnson, seconded by Council Member Navarrette to introduce an Ordinance approving Deer Point Corporation/Charles Diers request to rezone part of SE ¼ NW ¼ 18- 17-9 from AG – Agricultural/Urban Reserve District to R1 – Single Family Residential District. Rollcall vote: 7 ayes, 1 abstain (Bixby). Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance approving Deer Point Corporation/Charles Diers request to rezone part of SE ¼ NW ¼ 18-17-9 from AG – Agricultural/Urban Reserve District to R1 – Single Family Residential District. Moved by Council Member Hoppe, seconded by Council Member Kuhns to suspend the rules and place on final reading . Roll call vote: 7 ayes, 1 abstain (Bixby). Motion carried. The City Clerk gave the final reading, by title only, of an Ordinance approving Deer Point Corporation/Charles Diers request to rezone part of SE ¼ NW ¼ 18-17-9 from AG – Agricultural/Urban Reserve District to R1 – Single Family Residential District. Roll call vote: 7 ayes, 1 abstain (Bixby). Ordinance No. 5290 passed. Moved by Council Member Anderson, seconded by Council Member Hoppe to reconsider Ordinance No. 5284 relating to electric rates. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Kuhns to amend Ordinance No. 5284 by changing 2013 to 2014 in Section VII. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, as reconsidered and amended, of Ordinance No. 5284 relating to electric rates. Roll call vote: 8 ayes. Ordinance No. 5284, as reconsidered and amended, passed. Moved by Council Member Hoppe, seconded by Council Member Johnson to introduce an Ordinance repealing Number two thru four (Harboring Illegal Aliens; Issuance of Occupancy Licenses; Enforcement of Harboring and Occupancy Provisions) of Ordinance No. 5165 relating to illegal immigration. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance repealing Number two thru four (Harboring Illegal Aliens; Issuance of Occupancy Licenses; Enforcement of Harboring and Occupancy Provisions) of Ordinance No. 5165 relating to illegal immigration. The second reading will be at the next regular Council meeting. Moved by Council Member Stange, seconded by Council Member Anderson to receive for the record, a resolution passed by Fremont Area Chamber of Commerce supporting the Ordinance to repeal Number two thru four (Harboring Illegal Aliens; Issuance of Occupancy Licenses; Enforcement of Harboring and Occupancy Provisions) of Ordinance No. 5165 relating to illegal immigration. Roll call vote: 8 ayes. Motion carried. The Mayor announced the next regular Council meeting would be November 12, 2013 at 7:00 p.m. Moved by Council Member Stange, seconded by Council Member Kuhns to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 8:28 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