City Council

BUDGET STUDY SESSION March 31, 2015 5:30 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, Eairleywine, Landholm, Schaller and Kuhns present – 8 present. Discussion was held on the Capital Improvement Plan and Deer Pointe Capital. Moved by Council Member Eairleywine, seconded by Council Member Schaller to adjourn. Roll call vote: 8 ayes. Motion carried. Budget session ended at 7:03 p.m. CITY COUNCIL MEETING March 31, 2015 7:00 p.m. After the Pledge of Allegiance and 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 Bixby, Johnson, Legband, Anderson, Eairleywine, Landholm, Schaller and Kuhns present – 8 present. Moved by Council Member Bixby, seconded by Council Member Schaller to open the Public Hearing on Class D liquor license application of Ericon Inc dba Quik-Pik, 740 Davenport. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Eairleywine, seconded by Council Member Anderson to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Johnson to amend the Resolution to approve Class D liquor license application of Ericon Inc dba Quik-Pik, 740 Davenport. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Legband to approve Resolution No. 2015-050, as amended, approving Class D liquor license application of Ericon Inc dba Quik-Pik, 740 Davenport. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Schaller to open the Public Hearing on Class D liquor license application of Ericon Inc dba Quik-Pik, 1156 West 23rd. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Schaller, seconded by Council Member Bixby to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Bixby to amend the Resolution to approve Class D liquor license application of Ericon Inc dba Quik-Pik, 1156 West 23rd. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Landholm to approve Resolution No. 2015-051, as amended, approving Class D liquor license application of Ericon Inc dba Quik-Pik, 1156 West 23rd. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Kuhns to open the Public Hearing on Class D liquor license application of Timothy Thibodeau dba Tom’s Beverage Shop, 1869 East 23rd. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Bixby, seconded by Council Member Johnson to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Johnson to amend the Resolution to approve Class D liquor license application of Timothy Thibodeau dba Tom’s Beverage Shop, 1869 East 23rd. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Johnson to approve Resolution No. 2015-052, as amended, approving Class D liquor license application of Timothy Thibodeau dba Tom’s Beverage Shop, 1869 East 23rd. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Eairleywine to open the Public Hearing on annexing NE ¼ NW ¼ 19-17-9 (First Lutheran Church). Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Kuhns, seconded by Council Member Johnson to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Eairleywine to introduce the Ordinance annexing NE ¼ NW ¼ 19-17-9 (First Lutheran Church). Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only. Moved by Council Member Johnson, seconded by Council Member Anderson to suspend the rules and place on final reading. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, by title only. Roll call vote: 8 ayes. Ordinance No. 5333 passed. The Mayor announced the Resolution approving Ladehoff/Central States request for vacation of platted street adjacent to west line of Lot 3, Block 4, LJ Abbott’s Subdivision is removed from the agenda as the property is not in the City’s jurisdiction. Moved by Council Member Johnson, seconded by Council Member Schaller to approve the consent agenda. Roll call vote: 8 ayes. Motion carried. • Dispense with and approve March 10, 2015 minutes • March 11 – 31, 2015 claims (claim for payment to YMCA Sidner Arena for $25,000 removed from consideration per request of claimant) • Resolution No. 2015-053 granting permission to consume alcohol on City property for Tammy Trehan, City Auditorium, April 18, 2015, JCF fundraiser; Justin Ternus and Mary Miles, Christensen Field, October 24, 2015, wedding; Maxine Poulas, Christensen Field, April 2, 2016, wedding • Cement worker license applications: Allan Eckert, A&E Concrete and Gary Pebley, Pebley Inc. • Resolution No. 2015-054 approving Special Designated Permit applications: HyVee, 900 North Clarkson, May 1, 2015, sampling/tasting; Rise’s Drive-In Liquor, 1710 West 16th, May 10, 2015, reception and July 25, 2015, reception, 925 North Broad, June 20, 2015, reception, 700 East 10th, May 2, 2015, reception, 2560 West Military, April 24, 2015, reception; Fremont Habitat for Humanity, 700 East 10th, April 18, 2015, fundraiser; F&T Inc, 925 North Broad, April 18, 2015, fundraiser • Local Option Economic Development Plan Administrator Report • Resolution No. 2015-055 approving professional services agreement amendment one in the amount of $3,700 with Olsson Associates for Ridge Road Trail, Hormel Loop project • Balance Sheet by fund and Statements of Revenues and Expenditures for February 2015 • Resolution No. 2015-056 approving Shillelagh, LLC request to replat Lot 3, Blk 2, McClarys Subdivision into two lots • Resolution No. 2015-057 to accept and award bid in the amount of $117,690 to Mid- Continental Restoration for brick repair at Power Plant • Scott and Cheri Bott request for outside City water connection at 1924 Old Highway 8 • Resolution No. 2015-058 approving agreement amendment one in the amount not to exceed $750 with Olsson Associates for Fremont Historic Lighting Phase Three • Resolution No. 2015-059 approving agreement amendment one in the amount not to exceed $9,925 with Olsson Associates for Pedestrian Signals - Military Road between Johnson Road and Thornbird Drive • Resolution No. 2015-060 approving ambulance rates • Resolution No. 2015-061 approving agreement for Public Highway At-Grade Crossing Improvement with Union Pacific Railroad for resurfacing Main Street from 3rd Street south to 1st Street • Reappoint Mike Emanuel, Marty Gifford and Mitch Sawyer to Planning Commission for a three year term ending April 2018 • Resolution No. 2015-062 approving easement with Fremont Public Schools for Project Fit America exercise equipment at Milliken Park Moved by Council Member Bixby, seconded by Council Member Kuhns to receive and file the Keene Memorial Library annual report. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Johnson to continue the appointment of Kevin Main to the Downtown Business Improvement District Board to the April 14, 2015 Council meeting. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Johnson to suspend the rules and place on final reading reconsidered and amended Ordinance 5332 pertaining to pay plan for governmental employees. Roll call vote: 7 ayes, 1 nay (Schaller). Motion carried. The City Clerk gave the final reading, by title only, of reconsidered and amended Ordinance 5332 pertaining to pay plan for governmental employees. Roll call vote: 7 ayes, 1 nay (Schaller). Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to approve Resolution No. 2015-063 calling for payment outstanding Combined Utilities Revenue Refunding Bonds, Series 2009. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Schaller to introduce an Ordinance authorizing issuance of Combined Utilities Revenue Refunding Bonds, Series 2015. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance authorizing issuance of Combined Utilities Revenue Refunding Bonds, Series 2015. Moved by Council Member Eairleywine, seconded by Council Member Schaller to suspend the rules and place on final reading. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, by title only. Roll call vote: 8 ayes. Ordinance No. 5334 passed. Moved by Council Member Bixby, seconded by Council Member Anderson to introduce an Ordinance restating General Obligation and Revenue Bonds. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance restating General Obligation and Revenue Bonds. Moved by Council Member Bixby, seconded by Council Member Landholm to suspend the rules and place on final reading. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, by title only. Roll call vote: 8 ayes. Ordinance No. 5335 passed. Moved by Council Member Johnson, seconded by Council Member Bixby to go into executive session for the purpose of discussing a strategy with respect to threatened litigation and collective bargaining 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 collective bargaining and for the further reason that the executive session is necessary for the protection of the public interest and asked for any discussion. There being none, 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 collective bargaining and for the further reason that the executive session is necessary for the protection of the public interest. Roll call vote: 8 ayes. The Mayor stated a motion to go into executive session for the purpose of discussing a strategy session with respect to threatened litigation and collective bargaining 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 and collective bargaining and that no official actions or votes would be taken during the executive session. Executive session began at 8:01 p.m. Moved by Council Member Eairleywine, seconded by Council Member Bixby to come out of executive session. Roll call vote: 8 ayes. Motion carried. Executive session ended at 8:25 p.m. The Mayor announced the next meeting would be April 14, 2015 at 7:00 p.m. Moved by Council Member Schaller, seconded by Council Member Legband to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 8:26 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