City Council

CITY COUNCIL MEETING December 30, 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 Bixby, Johnson, Legband, Anderson, Landholm, Schaller and Kuhns present, Council Member Eairleywine absent – 7 present, 1 absent. Moved by Council Member Kuhns, seconded by Council Member Schaller to approve the consent agenda. Roll call vote: 7 ayes. Motion carried. • Dispense with and approve December 9, 2014 minutes • December 10 – 30, 2014 claims • Resolution No. 2014-247 approving Interlocal agreement with League Association of Risk Management for insurance • Local Option Economic Development Plan Administrator report • Resolution No. 2014-249 authorizing billing for fire services for Fire Department • Resolution No. 2014-250 amending rates at Transfer Station • Resolution No. 2014-251 closing out Christensen Field Main Indoor Arena Remodel project • Resolution No. 2014-252 approving City of Fremont request to replat Outlot A, Fremont Technology Park into two lots • Resolution No. 2014-253 approving Susann McDermott, Trustee, request to replat Lots 1 & 2, Chases Addition into two lots • Resolution No. 2014-254 to accelerate the unpaid balance of special assessment against Lot 8, Block 38, Northside Addition – owner: Kevin Lundholm • Resolution No. 2014-255 to accelerate the unpaid balance of special assessment against West 80’, east 87’ South 20’ Lots 7 & 8, Block 173, Original Town – owner: Gregg and Gary Schmidt • Resolution No. 2014-256 to accelerate the unpaid balance of special assessment against South ½ East 125’, Lots 5 & 6 and South 22’ North 66’ Lots 5 & 6, Block 153, Original Town – owner: Irving Development • Resolution No. 2014-257 to accelerate the unpaid balance of special assessment against Mid 22’, South ½ East 125’, Lots 5 & 6, Original Town – owner: Barbara Seaton Blair  • Resolution No. 2014-258 to accept and award bid to Goree Backhoe & Excavation Incorporated in the amount of $62,427 for construction of compost pad, phase II at Waste Water Treatment Plant • Resolution No. 2014-259 approving Preliminary Engineering Supplement Agreement #2 with JEO Consulting Group for Johnson Road Trail • Resolution No. 2014-260 approving construction engineering services agreement with Schemmer Associates for Downtown Historic Lighting Project Phase 3 • Resolution No. 2014-261 approving agreements with EMS Billing for ambulance and fire billing • Resolution No. 2014-262 awarding bid to Watts Electric in the amount of $151,242.68 for Downtown Historic Lighting Project Phase 3 • Year-to-date Financial Statements Moved by Council Member Schaller, seconded by Council Member Johnson to amend and approve the proposed Resolution No. 2014-248 accepting Terrorism Insurance Coverage at Fremont Municipal Airport. Roll call vote: 6 ayes, 1 nay (Bixby). Motion carried. The City Clerk gave the third reading, by title only, of an Ordinance annexing Brooks Hollow Addition, SW ¼ SW ¼ 18-17-9. Roll call vote: 6 ayes. 1 abstain (Bixby). Ordinance No. 5325 passed. The City Clerk gave the third reading, by title only, of an Ordinance annexing Outlot C, Ritz Lake Addition, Phase I, NW ¼ 7-17-9. Roll call vote: 7 ayes. Ordinance No. 5326 passed. Moved by Council Member Schaller, seconded by Council Member Anderson to reconsider Resolution No. 2014-241 assessing nuisance lien against Lot 7 and west five feet Lot 8, Block 63, Barnard – 442 East 10th, owner: JP Morgan Chase Bank. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Kuhns to amend Resolution No. 2014-241 assessing nuisance lien against Lot 7 and west five feet Lot 8, Block 63, Barnard – 442 East 10th, owner: JP Morgan Chase Bank by correcting the legal from Original Town to Barnard. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Bixby to approve, as reconsidered and amended, Resolution No. 2014-241 assessing nuisance lien against Lot 7 and west five feet Lot 8, Block 63, Barnard – 442 East 10th, owner: JP Morgan Chase Bank. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Landholm to approve the request of Yager Group LLC to preliminary plat Tax Lots 10, 11, 12, 33 and 34 of 12-17-8 along with all of Parks-Wederski Addition into two lots. Approval is contingent upon the following conditions: increased right of way or setbacks along Yager Road and installation of a water main extension along Yager Road as part of a district or individually. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to amend and approve proposed Resolution No. 2014-263 approving the request of Yager Group LLC to final plat Tax Lots 10, 11, 12, 33 and 34 of 12-17-8 along with all of Parks-Wederski Addition into two lots. Resolution conditions are: 1) receipt of proper easements 2) Capping of any necessary utility services 3) Increasing the front yard setback along Yager Road to 32 feet and the landscape distance from 10 feet to 15 feet 4) Construction of an 8” water main along Yager Road for the length of the property either as part of a Water Connection District or individually. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Kuhns to introduce an Ordinance as requested by Yager Group LLC to rezone that portion of Tax Lots 10, 11, 12, 33 and 34 of 12-17-8 along with all of Parks-Wederski Addition that is not currently zoned General Commercial from Limited Industrial to General Commercial. Roll call vote: 7 ayes. Motion carried. The City clerk gave the first reading, by title only. Moved by Council Member Schaller, seconded by Council Member Legband to suspend the rules and place on final reading an Ordinance as requested by Yager Group LLC to rezone that portion of Tax Lots 10, 11, 12, 33 and 34 of 12-17-8 along with all of Parks-Wederski Addition that is not currently zoned General Commercial from Limited Industrial to General Commercial. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the final reading, by title only. Roll call vote: 7 ayes. Ordinance No. 5327 passed. Moved by Council Member Schaller, seconded by Council Member Kuhns to approve continuance of existing contract with Kris Kobach at $10,000 per year for illegal immigration consulting. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Landholm to approve the lease amendment, as presented by Dodge County Humane Society attorney Thomas Thomsen, with Dodge County Humane Society for building located at 787 South Luther Road. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Legband to receive and file, for the record, documents pertaining to animal control services as presented by Brad Yerger. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Schaller to accept the proposal and award contract for animal control services as submitted by Dodge County Humane Society. Award is contingent upon final contract terms being brought back before Council. Roll call vote: 7 ayes. Motion carried. The Mayor announced the next meeting would be January 13, 2015 at 7:00 p.m. Moved by Council Member Schaller, seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 8:09 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