City Council

CITY COUNCIL MEETING October 28, 2014 7:00 p.m. After the public comment period and 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, Bixby, Hoppe, Kuhns, Johnson and Anderson present, Eairleywine and Navarrette absent – 6 present, 2 absent. Moved by Council Member Stange, seconded by Council Member Anderson to approve the consent agenda. Roll call vote: 6 ayes. Motion carried. • Dispense with reading of and approve October 14, 2014 minutes • October 15 – 28, 2014 claims • Resolution No. 2014-209 approving Special Designated Permit application for Rise’s Drive-In Liquor, 431 North Union, November 21, 2014, fund raiser; Hooper Office Bar & Grill, 541 North Broad, November 8, 2014, reception • Resolution No. 2014-210 approving interlocal agreement with III Corp Drug Task Force members • Misao Kuda, Jack’s Trailer Court, request to place 2438 and 2454 North Yager Road on no trespass ordinance • Resolution No. 2014-211 awarding bid for Lincoln Avenue Grading and Culvert project in the amount of $142,889.91 to Yong Construction • Gary Pebley request for overwidth drive at 1712 Frederiksen Street • Thomas Tallman request for covered patio at 255 N Ridge Road Cabin #11, Lake Leba • Resolution No. 2014-212 approving monthly continuance of Fixed Base Operator contract with Fremont Aviation • Resolution No. 2014-213 approving Intergovernmental agreement with Nebraska Department of Environmental Quality for Stormwater Management Plan Grant funds • Resolution No. 2014-214 awarding bid to Municipal Pipe Tool in the amount of $303,504.50 for 2014 Sanitary Sewer Repair Project • Resolution No. 2014-215 approving Recreational Trails Program Project Agreement amendment with NE Game and Parks Commission for Ridge Road Trail Project • Resolution No. 2014-216 approving farm lease renewal with Elkhorn Crossing LLC for Technology Park • Appointment of Dr. Richard Seitz to the Housing Advisory & Appeals Board to fill an unexpired term ending January 2015  • Receive and file Economic Impact of Film Activity in the Fremont area report as presented by Stacy Heatherly • Resolution No. 2014-217 assessing nuisance lien in the amount of $276.66 against Lot 5, Block 7, Empire City 2nd (228 North Drive, owner: Terry Klan) • Grant application from Nebraska Office of Highway Safety for in car cameras for Police Department • Reappointment of Phillip Bang, Cathy Casey, Scott Brown, Curt Friedrich and Skip Sawyer to the Board of Adjustment for three year terms ending September 2017 • Appointment of Brad Fooken to the Board of Adjustment for a three year term ending September 2017 Moved by Council Member Anderson, seconded by Council Member Kuhns to approve John Monson request for single family dwelling at 442 South Ridge Road #20 Rainbow Lake. Roll call vote: 5 ayes, 1 abstain (Bixby). Motion carried. The City Clerk gave the third reading, by title only, of an Ordinance to amend Zoning Ordinance 3939, Article 2, pertaining to the definition of Home Base Business/Home Occupation. Roll call vote: 6 ayes. Ordinance No. 5320 passed. The City Clerk gave the third reading, by title only, of an Ordinance to amend Zoning Ordinance 3939, Article 4, pertaining to permitted uses as they relate to Home Based Businesses and Home Occupations. Roll call vote: 6 ayes. Ordinance No. 5321 passed. Moved by Council Member Johnson, seconded by Council Member Anderson to amend Ordinance to amend Zoning Ordinance 3939, Article 6, pertaining to Section 611, Supplemental Use Regulations: Accessory Uses part a. Home-Based Businesses/Home Occupations by deleting: 611 (a) 4 Signage: Each home-based business will be limited to a single, non-illuminated placard or nameplate with a maximum size of two square feet in area that must be affixed securely and flat against a wall of the home and inserting: 611 (a) 4 Signage: Each home-based business will be limited to a single nonanimated, nonilluminated, nonreflecting nameplate not more than two square feet in area, which nameplate designates the name of the home-based business carried on within, in letters not to exceed two inches in height and attached to the building wherein the home-based business is conducted and deleting: 611 (b) 4 Signage: Each home occupation will be limited to a single, non- illuminated placard or nameplate with a maximum size of two square feet in area that must be affixed securely and flat against a wall of the home and inserting: 611 (b) 4 Signage: Each home occupation will be limited to a single nonanimated, nonilluminated, nonreflecting nameplate not more than two square feet in area, which nameplate designates the name of the home occupation carried on within, in letters not to exceed two inches in height and attached to the building wherein the home occupation is conducted. Roll call vote: 6 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Stange to amend Ordinance to amend Zoning Ordinance 3939, Article 6, pertaining to Section 611, Supplemental Use Regulations: Accessory Uses part a. Home-Based Businesses/Home Occupations by adding tattoo parlors as prohibited use in 611 (a) 6 and (b) 6. Roll call vote: 4 ayes (Hoppe, Anderson, Johnson, Stange), 2 nays (Bixby and Kuhns). Motion carried. Moved by Council Member Johnson, seconded by Council Member Hoppe to amend Ordinance to amend Zoning Ordinance 3939, Article 6, pertaining to Section 611, Supplemental Use Regulations: Accessory Uses part a. Home-Based Businesses/Home Occupations by adding Beauty Salons and Barber Shops unless permitted as a conditional use to 611 (b) 6. Roll call vote: 3 ayes (Johnson, Hoppe, Anderson), 4 nays (Bixby, Stange, Kuhns, Getzschman). Motion failed. The City Clerk gave the third reading, by title only, of an Ordinance to amend Zoning Ordinance 3939, Article 6, pertaining to Section 611, Supplemental Use Regulations: Accessory Uses part a. Home- Based Businesses/Home Occupations. Roll call vote: 6 ayes. Ordinance No. 5322 passed. Moved by Council Member Anderson, seconded by Council Member Stange to introduce an Ordinance amending Fremont Municipal Code 6-406 relating to criminal trespass. Roll call vote: 6 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance amending Fremont Municipal Code 6-406 relating to criminal trespass. The second reading will be at the next regular Council meeting. Moved by Council Member Johnson, seconded by Council Member Stange to continue to the November 12, 2014 City Council meeting the request of Susan McDermott to replat Lots 1 and 2, Chases Addition into two lots. Roll call vote: 6 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Hoppe to continue to the November 12, 2014 City Council meeting the Fremont Municipal Airport Terminal Area Plan update. Roll call vote: 6 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Johnson to approve Resolution No. 2014-218 setting fee schedule for public records requests. Roll call vote: 6 ayes. Motion carried. Moved by Council Member Hoppe, seconded by Council Member Stange to approve Resolution No. 2014-219 approving McGinn Holdings, LLC loan application and agreement in the amount of $10,000 for Economic Enhancement Funds. Roll call vote: 6 ayes. Motion carried. The Mayor announced the Executive Session for threatened litigation would be to discuss the lease with the Humane Society. Moved by Council Member Bixby, seconded by Council Member Anderson to go into executive session for the purpose of discussing a strategy with respect to threatened litigation and for the further reason that the executive session is necessary for the protection of the public interest. The Mayor stated a motion has been made and seconded to go into executive session for the purpose of discussing a strategy session with respect to threatened litigation and for the further reason that the executive session is necessary for the protection of the public interest. The Mayor asked for any discussion. The Mayor stated the pending motion was to go into executive session for the purpose of discussing a strategy session with respect to threatened litigation and for the further reason that the executive session is necessary for the protection of the public interest. Roll call vote: 5 ayes, 1 abstain (Stange). Motion carried. The Mayor stated a motion to go into executive session for the purpose of discussing a strategy session with respect to threatened litigation and for the further reason that the executive session is necessary for the protection of the public interest had been approved. He further stated that discussion would be limited to a strategy session with respect to threatened litigation. No official actions or votes would be taken during the executive session. Executive session began at 8:12 p.m. Moved by Council Member Hoppe, seconded by Council Member Bixby to come out of executive session. Roll call vote: 5 ayes, 1 abstain (Stange). Executive session ended at 8:44 p.m. The Mayor announced the next meeting would be November 12, 2014 at 7:00 p.m. Moved by Council Member Kuhns, seconded by Council Member Bixby to adjourn the meeting. Roll call vote: 6 ayes. Motion carried. Meeting adjourned at 8:45 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