City Council

COMMUNITY DEVELOPMENT AGENCY MEETING April 29, 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 Members Stange, Kuhns, Bixby, Anderson, Navarrette, Hoppe and Johnson present, Member Eairleywine absent – 7 present, 1 absent. Moved by Member Bixby, seconded by Member Anderson to continue consideration of a Resolution approving a general redevelopment plan for 23rd & Bell Redevelopment Area to May 27, 2014. Roll call vote: 7 ayes. Motion carried. Moved by Member Navarrette, seconded by Member Stange to adjourn. Roll call vote: 7 ayes. Meeting adjourned at 7:02 p.m. CITY COUNCIL MEETING April 29, 2014 7:00 P.M. 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, Navarrette, Hoppe, Kuhns, Bixby, Anderson and Johnson present, Council Member Eairleywine absent – 7 present, 1 absent. Moved by Council Member Stange, seconded by Council Member Bixby to continue to May 27, 2014 the Public Hearing on declaration of blight and substandard conditions at 23rd and Bell Street. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Navarrette to continue to May 27, 2014 the consideration of a Resolution declaring 23rd and Bell Street blighted and substandard. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Kuhns to continue to May 27, 2014 the Public Hearing on a general redevelopment plan for 23rd and Bell Street. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Navarrette to continue to May 27, 2014 the consideration of a Resolution approving general redevelopment plan for 23rd and Bell Street. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Navarrette to open the Public Hearing for nondiscrimination on the basis of disability for Fremont Transit Lines. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Bixby, seconded by Council Member Anderson to close the Public Hearing for nondiscrimination on the basis of disability for Fremont Transit Lines. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Stange to open the Public Hearing on the 2014-2015 Fremont Transit Lines. Roll call vote: 7 ayes. Motion carried. Mayor Getzschman restated the three options for council to choose from as presented again this year as follows: 1.) Eliminate bus service provided by city with other services being available and a cost savings of approximately $13,524 in property taxes. Two part time jobs would be eliminated effect July 1, 2014. 2.) Reduced service from 6 to 4 days a week with approximate cost savings of $3,737 in property taxes. Two part time employees would have hours reduced from 48 per pay period to 32 per pay period. 3.) Keep service same with approximate cost of $13,524 in property taxes. City Clerk Volk explained the current amount of property taxes includes health insurance for the part time employees but with ObamaCare that amount would be reduced thus the decrease from the current application to the application effective July 1, 2014. City Administrator Shotkoski that the service for those that need it is a wonderful benefit. He stated there has been a decline in use and with other options that are available, riders may be transitioning over. City staff wanted to make all options available to the Council again this year. City Administrator Shotkoski also stated staff has tried to adjust the routes but it has not generated more use of the system. Council Member Johnson inquired about the other options and the cost. He expressed concern about taking away a service that appeared to be needed by some. City Clerk Volk stated the Eastern Nebraska Office of Aging (ENOA) has a service where the rider can call, get picked up and taken to their direct destination which is unlike the bus that is on a fixed route. She also stated transportation is provided by nursing homes, City Cab and the hospital but that ENOA would be the primary service and anyone can ride. City Clerk Volk stated she would send out her presentation from last year with the options. Council Member Bixby stated that based on the ridership and the total cost per ride, the City would almost be better off giving a voucher. She also questioned if there would be another use for the buses. City Clerk Volk reminded the Council that most other cities our size don’t provide transit service as it is done by a private company although they might contribute to the private company. She further stated because federal dollars were used to purchase the buses, they will need to go back to the State Department of Roads to dispose of them. Council Member Hoppe also suggested the voucher system. Council Member Navarrette asked about the age of the buses and if City Cab would be able to handle additional business. Street Superintendent Vhylidal stated the buses are both 2008. City Clerk Volk stated City Cab is a privately ran business. Council Member Stange asked if the users of the bus system were unique. Street Superintendent Vyhlidal stated it varies. Steve Dahl, 1525 West 9th, stated he was in favor of a voucher system for the cab service. He further stated it will just be a shift to whom the money will be sent and that the point is to help the disadvantaged and help the elderly. He did not feel the bus system currently works because customers have to ride around town. There being no further testimony, moved by Council Member Stange, seconded by Council Member Anderson to close the Public Hearing on the 2014-2015 Fremont Transit Lines. Roll call vote: 7 ayes. Motion carried. Resolution approving 2014-2015 Transit application died for lack of motion. Moved by Council Member Bixby, seconded by Council Member Kuhns to open the Public Hearing on Class CK liquor license application of Jack Barta dba Jack’s, 16 Bell Center. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Anderson, seconded by Council Member Stange to close the Public Hearing on Class CK liquor license application of Jack Barta dba Jack’s, 16 Bell Center. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Hoppe to recommend approval of the Class CK liquor license application of Jack Barta dba Jack’s, 16 Bell Center. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Stange to approve Resolution No. 2014-063 recommending approval of the Class CK liquor license application of Jack Barta dba Jack’s, 16 Bell Center. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Navarrette to open the Public Hearing on Class I liquor license application of Hengtime LLC dba Franky & Oly’s, 353 West 23rd. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Stange, seconded by Council Member Kuhns to close the Public Hearing on Class I liquor license application of Hengtime LLC dba Franky & Oly’s, 353 West 23rd. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Kuhns to recommend approval of the Class I liquor license application of Hengtime LLC dba Franky & Oly’s, 353 West 23rd. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Navarrette to approve Resolution No. 2014-064 recommending approval of the Class I liquor license application of Hengtime LLC dba Franky & Oly’s, 353 West 23rd. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Anderson to open the Public Hearing on Class D liquor license application of Casey’s Retail Company dba Casey’s General Store #2090, 201 South Broad. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Navarrette, seconded by Council Member Stange to close the Public Hearing on Class D liquor license application of Casey’s Retail Company dba Casey’s General Store #2090, 201 South Broad. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Bixby to recommend approval of the Class D liquor license application of Casey’s Retail Company dba Casey’s General Store #2090, 201 South Broad. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Bixby to approve Resolution No. 2014-065 recommending approval of the Class D liquor license application of Casey’s Retail Company dba Casey’s General Store #2090, 201 South Broad. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Hoppe to approve the consent agenda. Roll call vote: 7 ayes. Motion carried. • Dispense with reading of and approve April 8, 2014 minutes • April 9 - 29, 2014 claims • Resolution No. 2014-066 approving consumption of alcohol on city property for Christina Aldrich, Christensen Field, May 20, 2014, customer appreciation event; Catherine Beeson, Christensen Field, June 7, 2014, wedding; John C. Fremont Days Inc., Christensen Field Outdoor Arena, July 11 & 12, 2014, rodeo; John C. Fremont Days Inc., Wolz, Ilgenfritz, Keene parking lots and 5th Street, July 11 & 12, 2014, beer garden • Resolution No. 2014-067 approving Special Designated Permit application for Rise’s Drive-In Liquor, 1710 West 16th, July 22, 2014, reception; John C. Fremont Days Inc., 1710 West 16th, July 11 & 12, 2014, other; John C. Fremont Days Inc., Wolz, Ilgenfritz, Keene parking lots and 5th Street, July 11 & 12, 2014, beer garden; Willow Springs Bottling Co, 541 North Broad, July 19, 2014, reception • Resolution No. 2014-068 approving Carson Day request to subdivide part of NW ¼ 28-17-9 into two lots • Resolution No. 2014-069 approving Carson Day request to combine part of NW ¼ 28-17-9 into two lots • Resolution No. 2014-070 approving St. Patrick’s Church Festival Committee request for street closures for festival on June 7 - 8, 2014 • Alfonso Martinez Junior resignation from Fremont Housing Rehabilitation Board • Don Brown resignation from Building Code Advisory and Appeals Board • Resolution No. 2014-071 approving Interlocal agreement with Fremont Public Schools for School Resource Program • Resolution No. 2014-072 approving Time Warner Cable franchise agreement to be transferred to Comcast Corporation • Liquor license manager application of William Cottier for Wal-Mart Supercenter #776, 3010 East 23rd • Resolution No. 2014-073 approving revised Transit Employee Drug Testing Policy • Reappoint Amber Barton, Dev Sookram, and Brad Fooken to the Planning Commission for a three year term ending April 2017 • Reappoint John Anderson and Scott Getzschman to the Airport Zoning Board for a four year term ending February 2018 • Resolution No. 2014-74 approving Tom Sawyer request for replat Lots 3 and 4, Sawyer 2nd Subdivision • Resolution No. 2014-075 authorizing agreement with Nebraska Department of Aeronautics for transfer of non-primary entitlement grant funds • Resolution No. 2014-076 approving memorandum of understanding for grant to Fire Dept for computer tablets • Resolution No. 2014-077 awarding bid in the amount of $41,136 to Technology for Energy Corporation for field testing device for electric system • Appoint Clayton Timperley to the Building Code Advisory and Appeals Board to fill an unexpired term ending November 2015 • Ownership change of keno satellite location of Hengtime LLC dba Frank and Oly’s, 353 West 23rd • Tort claim of DJ Hope, 1036 Morrell • Cement Work application of Nicholas Ringle and R&D Construction Moved by Council Member Stange, seconded by Council Member Hoppe to approve, with the exhibit amended to include west side of Main Street on Friday, July 11, 2014 from 5:30 p.m. to 1:30 a.m. (LA Fire Proof Door), Resolution No. 2014-078 approving JCF Days Inc. request for street closures for festival July 10-13, 2014. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Stange, seconded by Council Member Johnson to continue Ron Vlach request for conditional use to erect oversized accessory building, 2450 West Military Avenue, to May 27, 2014 Council meeting. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Bixby to approve the distribution of 2011 and 2012 property taxes by Dodge County. Council Member Navarrette stated, for the record, that he thought the County should waive their collection fees. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Stange to approve Resolution No. 2014-079 calling in for payment Combined Utility Revenue Bonds Series 2008. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Stange to introduce an Ordinance authorizing Combined Utilities Revenue Bonds Series 2014A. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only. Moved by Council Member Anderson, seconded by Council Member Johnson to suspend the rules and place on final reading an Ordinance authorizing Combined Utilities Revenue Bonds Series 2014A. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the final reading, by title only, of an Ordinance authorizing Combined Utilities Revenue Bonds Series 2014A. Roll call vote: 7 ayes. Ordinance No. 5305 passed. Moved by Council Member Bixby, seconded by Council Member Hoppe to accept the Greater Fremont Development Council report. Roll call: 7 ayes. Motion carried. The Mayor announced the next meeting would be May 13, 2014. Moved by Council Member Stange, seconded by Council Member Johnson to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 8:23 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