City Council

CITY COUNCIL MEETING March 25, 2014 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 Stange, Eairleywine, Kuhns, Bixby, Anderson, Hoppe and Navarrette present, Council Member Johnson absent – 7 present, 1 absent. Moved by Council Member Eairleywine, seconded by Council Member Navarrette to open the public hearing on the #14DTR Downtown Revitalization Planning Community Development Block Grant. Roll call vote: 7 ayes. Motion carried. Jean Kaup Van Iperen, Office Services Associate, stated the application was for a 2014 planning grant and the City has done a previous grant for façade improvements. This application would extend the work to include upper level housing which was one of the priorities identified in the previous housing study that was done two years ago. The $6,750 grant is just to do an update of the previous study and explore local interest in upper level housing. She stated downtown merchants have expressed an interest in the project with a confirmed seven property owners who are interested in the upper level housing and five property owners that are interested in façade improvements. Larry Marvin, downtown property owner, questioned if the off street parking requirements are still in effect for upper level housing. He stated he was previously interested in upper level housing development but was told he had to have off street parking (which he doesn’t have) so he could not develop his upper floors. Mayor Getzschman stated the City would take that into consideration but that the off street parking could be accomplished by a parking lot and the residents would have to walk. City Administrator Shotkoski stated it was a planning grant and that off street parking would have to be something that would be taken into consideration as part of the planning. The planning study would look to see if changes are needed to any of the parking requirements and would parking be available. Council Member Navarrette inquired what the time frame was for the grant. Lowell Schroeder, Northeast Nebraska Development District, stated the grant has to be submitted by March 28th, 2014 and will be reviewed. A select number of applicants would be chosen and a site visit would be done in April or May with an award announcement done typically June 1st to July. The planning activities would start in the fall of 2014. He further stated after speaking with city staff it was felt that Fremont has a lot of planning expertise for some of the planning to be done in house. He stated some money was included in the grant for administration so if necessary an architect could be hired to do some drafting or design type work to what things would look like or investigate what was needed as far as sprinklers, elevators, etc. Mr. Schroeder stated half of the required match for Fremont can be in kind which would be the city staff. Phase I of the planning would be thru the fall and about this time next year the way the program works if you get accepted for Phase I successfully, you will get to apply for Phase II which is the $350,000 and then that would be awarded a year from now. There being no further testimony, moved by Council Member Anderson, seconded by Council Member Hoppe to close the public hearing. Roll call: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Bixby to approve Resolution No. 2014-048 authorizing Community Development Block Grant #14DTR Planning application. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Kuhns to approve the consent agenda. Roll call vote: 7 ayes. Motion carried. • March 12 - 25, 2014 claims • Resolution No. 2014-049 approving City of Fremont Production Filming Guidelines • Cement worker license application for Arthur Frewing and Platte Valley Precast Inc • Resolution No. 2014-050 approving consumption of alcohol on city property for Iris Baez, City Auditorium, October 25, 2014, birthday party; Renee Holub, Christensen Field, November 15, 2014, wedding reception; Jenna Papa, Christensen Field, November 1, 2014, wedding reception; Jodi Popken, Christensen Field, April 18, 2015, wedding; Carla Krula, Friendship Center, October 25, 2014, wedding reception • Resolution No. 2014-051 approving Special Designated permit applications for Rise's Drive-In Liquor, October 25, 2014, 1730 West 16th, reception; Burtonian Enterprises, April 12, 2014, 1682 East 23rd, fund raiser/ beer garden • Keep Fremont Beautiful request to use Ilgenfritz Parking Lot for recycling collection on April 26, 2014 from 9:00 a.m. to 11:30 a.m. • Resolution No. 2014-52 to accept and award bid to Altec Industries in the amount of $212,803 for aerial bucket truck for Electric Distribution • Resolution No. 2014-053 to award request for proposal and approve agreement with Outdoor Recreation Products in an amount not to exceed $67,358 for Ruwe Park Splash Pad • Resolution No. 2014-054 appointing Mark Vyhlidal as the 2014 Street Superintendent for incentive purposes • Keene Memorial Library Annual Report The City Clerk gave the third reading, by title only, of an Ordinance amending Fremont Municipal Code Chapter Nine, Article Six relating to adopted International Codes. Roll call vote: 7 ayes. Ordinance No. 5298 passed. The City Clerk gave the third reading, by title only, of an Ordinance amending International Building Code, International Residential Code and Department of Justice’s ADA Standards for Accessible Design. Roll call vote: 7 ayes. Ordinance No. 5299 passed. The City Clerk gave the third reading, by title only, of an Ordinance amending International Property Maintenance Code. Roll call vote: 7 ayes. Ordinance No. 5300 passed. The City Clerk gave the third reading, by title only, of an Ordinance amending Plumbing Code. Roll call vote: 7 ayes. Ordinance No. 5301 passed. The City Clerk gave the third reading, by title only, of an Ordinance amending Electrical Code. Roll call vote: 7 ayes. Ordinance No. 5302 passed. The City Clerk gave the third reading, by title only, of an Ordinance amending Mechanical Code. Roll call vote: 7 ayes. Ordinance No. 5303 passed. The City Clerk gave the second reading, by title only, of an Ordinance amending Fremont Municipal Code 6-406 relating to criminal trespass. The third reading will be at the next regular Council meeting. Moved by Council Member Anderson, seconded by Council Member Hoppe to reconsider Resolution No. 2014-027 approving Transfer Station rates. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Navarrette to amend Resolution No. 2014-027 approving Transfer Station rates by adding a $5.00 scale fee. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to approve reconsidered and amended Resolution No. 2014-027 approving Transfer Station rates. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Eairleywine to approve the Fremont Area Right to Life request for rental fee reduction of approximately $572.50 at City Auditorium. Roll call vote: 4 nays (Kuhns, Hoppe, Bixby and Stange), 3 ayes (Navarrette, Eairleywine and Anderson). Motion failed. The Mayor stated the applicant, Brianna Kindlet and Kelly Garay, withdrew their request for a conditional use permit for a beauty shop home occupation at 1235 North Nye. Moved by Council Member Hoppe, seconded by Council Member Bixby to approve Change Order No. 1 in the amount of $8,545 and Change Order No. 2 in the amount of $800 for Pave The Way for 2013 Street Patching – Washington Street project. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Navarrette to approve Change Order No. 1 in the amount of $40,320 for Steve Harris Construction for 2013 Military Avenue Improvements. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Anderson to approve Resolution No. 2014-055 approving the request of Joyce Siems to replat Lot 9, Block 3, Central Park Addition. Roll call vote: 7 ayes. Motion carried. The Mayor announced the next meeting would be April 8, 2014. Moved by Council Member Eairleywine, seconded by Council Member Stange to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 7:35 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