City Council

CITY COUNCIL MEETING November 12, 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 Stange, seconded by Council Member Anderson to open the public hearing on the Northeast Nebraska Solid Waste Coalition budget for the fiscal year ending September 30, 2014. Roll call vote: 8 ayes. Motion carried. Council Member Anderson, Board Member of the Coalition, stated that according to the Northeast Nebraska Solid Waste Coalition interlocal agreement, a town hall meeting is held in the three largest communities each year to review the Coalition’s proposed budget and rates. Included in the agenda packets is a proposed budget for the town hall meetings for the fiscal year ending September 30, 2014. He further stated the budget assumes Waste Connections continues operation of the Coalition landfill with no fee increase. Tipping fees also remain unchanged at $24.00 per ton. Balance forward increases $512,274 going from $2,884,088 budgeted last year to $3,396,362 this year. This increase is due to normal operation of the Coalition. Use fees increase $16,224 or 0.67 percent due to a 1,248 increase in budgeted tonnage for special wastes. With tipping fees at $24.00 per ton, budgeted use fees are $2,440,188. Interest income of $7,300 is the estimate of interest to be earned at .2 percent on average balance available for investment. Total Coalition expenditures increase $102,185 or 5.52 percent from $1,849,895 last year to $1,952,080 this year. Personnel costs increase $3,612 or 3.55 percent due to a 1.5 percent cost of living adjustment, a 0.5 percent increase in employer pension match, and an increase in health insurance premiums. The Coalition follows Norfolk’s personnel policies to the extent practical. Norfolk budgeted a 1.5 percent cost of living adjustment. Norfolk’s policy is to maintain comparable benefits between employee groups to the extent allowed by Statutes. LB 1082 increased the police pension contribution from 6 percent to 6.5 percent of salary effective October 1, 2013. Because of this, Norfolk increased the general employee pension match from up to 6 percent of salary to 6.5 percent of salary. The Coalition’s budget therefore includes a pension increase from 6 percent to 6.5 percent of salary. Disposal fees increase $19,104 or 1.86 percent due to an increase in special waste tonnage and fees. Also increasing is interfund operating transfer out which increases $2,400 to $164,200. This transfer is the closure/post closure funding for 2013. Machinery and equipment is budgeted at $77,000 and consists of $57,000 for a scale, $18,000 for a pickup, and $2,000 for a generator. Also included in the agenda packet is the Closure/Post Closure Care Fund budget. As discussed earlier, the transfer from the operating fund increases $2,400 from $161,800 last year to $164,200 this year. Total funds available for Closure/Post Closure increase 8.29 percent from $5,092,292 last year to $5,514,423 this year. $239,800 of the increase is due to interest earnings and $164,200 is due to current year funding. Council Member Anderson also stated the budget continues to be conservative and believes it is a good budget. Mayor Getzschman clarified that the Coalition is where Fremont takes their solid waste. There being no further testimony, moved by Council Member Kuhns, seconded by Council Member Navarrette to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to approve the consent agenda. Roll call vote: 8 ayes with Council Member Stange abstaining on Resolution No. 2013-234 Special Designated Permits. Motion carried.  • Dispense with and approve October 29, 2013 minutes • October 30 – November 12, 2013 claims • Cement worker application of Bryan Therkildsen and Rock Hard Concrete • Report of the Treasury • Resolution No. 2013-231 authorizing Maintenance Agreement No. 11 renewal with Nebraska Department of Roads • Resolution No. 2013-232 approving agreement amendment with JEO for Fremont State Lakes Trail • Resolution No. 2013-233 approving Ambulance Internship Agreement with Avera McKennan School of Emergency Medical Services • Resolution No. 2013-234 approving Special Designated Permit for DeSauce Development, 1005 East 23rd, December 3, 2013, reception; Little Chief Inc., 1710 West 16th, November 23, 2013, reception • Resolution No. 2013-235 approving agreement amendment with Sawyer Construction for 2013 Street Patching – Yager Road • Resolution No. 2013-236 approving agreement amendment with Sawyer Construction for 2013 Street Patching – 18th Street • Annual report of repetitive loss area for flood plain Jason Hellbusch request to waive rental fees at Christensen Field Main Arena February 1, 2014 died for lack of motion. Moved by Council Member Navarrette, seconded by Council Member Kuhns to approve Fremont/Bergan Post Prom Committee request to waive rental fees in the approximate amount of $1,200 at Christensen Field Main Arena April 25 & 26, 2014. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the third reading, by title only, of an Ordinance conveying part of Memorial Park property to Young Men’s Christian Association of Fremont. Roll call vote: 8 ayes. Ordinance No. 5291 passed. Moved by Council Member Johnson, seconded by Council Member Anderson to introduce an Ordinance approving Deer Pointe Corporation/Charles Diers request to annex part of SE ¼ NW ¼ 18-17-9. Roll call 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 annex part of SE ¼ NW ¼ 18-17-9. The second reading will be at the next regular Council meeting. Moved by Council Member Stange, seconded by Council Member Johnson to approve Resolution No. 2013-237 proclaiming the intent of the City of Fremont to annex areas north of 23rd Street, along Luther, Johnson and Morningside Road. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to approve Resolution No. 2013-238 calling for a special election on February 11, 2014 to consider the repeal of Number 2-4 (Harboring Illegal Aliens; Issuance of Occupancy Licenses; Enforcement of Harboring and Occupancy Provisions) of Ordinance No. 5165 relating to illegal immigration. Roll call vote: 7 ayes, 1 nay (Anderson). Motion carried. Moved by Council Member Bixby, seconded by Council Member Hoppe to approve Resolution No. 2013-239 setting the ballot language for a special election on February 11, 2014 to consider the repeal of Number 2-4 (Harboring Illegal Aliens; Issuance of Occupancy Licenses; Enforcement of Harboring and Occupancy Provisions) of Ordinance No. 5165 relating to illegal immigration. Roll call vote: 7 ayes, 1 nay (Anderson). Motion carried. Moved by Council Member Bixby, seconded by Council Member Navarrette to approve Resolution No. 2013-240 suspending enforcement of Ordinance No. 5165 Number 2-4 (Harboring Illegal Aliens; Issuance of Occupancy Licenses; Enforcement of Harboring and Occupancy Provisions) relating to illegal immigration. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to receive and file, for the record, a police report submitted by Maggie Zarate. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Anderson to receive and file, for the record, written comments submitted by Gloria Yerger. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Kuhns to suspend indefinitely the 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. Moved by Council Member Bixby, seconded by Council Member Stange to go into executive session for the purpose of discussing a strategy with respect to pending litigation on tort claims and for the further reason that the executive session is necessary for the protection of the public interest. The Mayor stated a motion had been made and seconded to go into executive session for the purpose of discussing a strategy session with respect to pending litigation on tort claims and for the further reason that the executive session is necessary for the protection of the public interest and asked for discussion. There being no discussion, the Mayor stated the pending motion was to go into executive session for the purpose of discussing a strategy session with respect to pending litigation on tort claims and for the further reason that the executive session is necessary for the protection of the public interest. Roll call vote: 8 ayes. Motion carried. The Mayor stated a motion to go into executive session for the purpose of discussing a strategy session with respect to pending litigation on tort claims and for the further reason that the executive session is necessary for the protection of the public interest has been approved. He further stated the discussion would be limited to a strategy session with respect to pending litigation on tort claims and that no official actions or votes would be taken during the executive session. Executive session began at 9:37 p.m. Moved by Council Member Stange, seconded by Council Member Anderson to come out of executive session. Roll call vote: 8 ayes. Motion carried. Executive session ended at 10:03 p.m. The Mayor announced the next regular Council meeting would be November 26, 2013 at 7:00 p.m. Moved by Council Member Stange, seconded by Council Member Navarrette to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 10:04 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