City Council

CITY COUNCIL MEETING April 28, 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 Johnson, seconded by Council Member Anderson to open the Public Hearing on Nebraska Department of Economic Development application for Nebraska Affordable Housing Program Grant Funds. Roll call vote: 8 ayes. Motion carried. Jean Kaup Van Iperen, Office Services Associate, stated the City is applying for Nebraska Affordable Housing Program Grant funds. The grant is in the amount of $372,000 with $300,000 of that to be used for housing rehabilitation. She stated this grant is different than the CR grants because the CR funds have to be used in a targeted area and this grant can be used within the city limits. She further stated there are currently twelve houses on the waiting list between Fremont’s CR program and NENEDD’s Regional programs and she is hopeful to get quite a few of the houses taken care of so the homeowner’s don’t have to wait until 2020 to be able to apply for rehab funds. It was also stated that there is a change in the medium family income for these individual applicants at 100% of the medium which is about a $5,000 difference. Ms. Van Iperen restated Fremont is looking at doing twelve homes with the rehab amount of $25,000 on each home. She stated it is a very competitive grant and that presently over 70 communities have expressed interest. There being no further testimony, moved by Council Member Schaller, seconded by Council Member Eairleywine to close the Public Hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Landholm to approve Resolution No. 2015-069 authorizing the Nebraska Affordable Housing Program Grant application. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Anderson to open the Public Hearing on the Community Development Block Grant Comprehensive Revitalization application. Roll call vote: 8 ayes. Motion carried. Jean Kaup Van Iperen, Office Services Associate, stated this is the second phase of the Downtown Revitalization application that Fremont applied for originally last year. The grant is for $350,000 with $315,000 to be used for commercial rehabilitation in the downtown. The original study looked at upper level housing and it was found that in order for the business owners to get the upper level improvements they needed assistance with the code enforcement first. The original downtown plan was to do the façade then the upper level improvement and then code enforcement. Because of the results of the study and survey, we are placing the code enforcement assistance before the upper level improvements. She further stated the code enforcement issues are fire and life safety issues like sprinklers, elevators, and egress. Ms. Van Iperen stated part of the grant is for façade improvements and that currently four businesses have expressed interest in façade and seven businesses have expressed interest in upper level improvements. She also stated this is a matching grant with the property owners matching and not city funds. The Mayor inquired about the percentage of the match. Ms. Van Iperen stated the last façade grant required the property owner to match at 25%. She stated that because of the number of applicants and the amount of funds spent, the City may be asking the applicant for a 50% improvement match. There being no further testimony, moved by Council Member Legband, seconded by Council Member Schaller to close the Public Hearing. Roll call vote: 8 ayes. Motion carried Moved by Council Member Anderson, seconded by Council Member Legband to approve Resolution No. 2015-070 approving Community Development Block Grant Comprehensive Revitalization application. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Landholm, seconded by Council Member Johnson to open the Public Hearing on Community Development Block Grant Program Funds update on 14-DTR-004 Downtown Revitalization. Roll call vote: 8 ayes. Motion carried. Jean Kaup Van Iperen, Office Services Associate, updated the Council on the grant stating the first phase, the study phase, was almost wrapped up. She stated this public hearing was simply a progress and outcome of the grant activity update. The City received $6750 to do the study but has not spent all of the budget and can return the unused portion. She further stated the study has been done and was turned into the State about two months ago. There being no further testimony, moved by Council Member Eairleywine, seconded by Council Member Legband to close the Public Hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Schaller to open the Public Hearing on Eastern Nebraska Chapter of National Railway Historical Society request to rezone 1835 North Somers Avenue from R-2 Moderate Density Residential to LI Limited Industrial. Roll call vote: 7 ayes, 1 abstain (Bixby). Motion carried. There being no testimony, moved by Council Member Legband, seconded by Council Member Kuhns to close the Public Hearing. Roll call vote: 7 ayes, 1 abstain (Bixby). Motion carried. Moved by Council Member Kuhns, seconded by Council Member Legband to introduce an Ordinance to approve Eastern Nebraska Chapter of National Railway Historical Society request to rezone 1835 North Somers Avenue from R-2 Moderate Density Residential to LI Limited Industrial. Roll call vote: 7 ayes, 1 abstain (Bixby). Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance to approve Eastern Nebraska Chapter of National Railway Historical Society request to rezone 1835 North Somers Avenue from R- 2 Moderate Density Residential to LI Limited Industrial. The second reading will be at the next regular Council meeting. Moved by Council Member Bixby, seconded by Council Member Legband to open the Public Hearing on City of Fremont request to rezone part Block 182, all Blocks 183, 184, 185, 204 and part Block 205, Original Town from LI Limited Industrial to DC Downtown Commercial. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Eairleywine, seconded by Council Member Kuhns to close the Public Hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Legband, seconded by Council Member Anderson to introduce an Ordinance to approve City of Fremont request to rezone part Block 182, all Blocks 183, 184, 185, 204 and part Block 205, Original Town from LI Limited Industrial to DC Downtown Commercial. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance to approve City of Fremont request to rezone part Block 182, all Blocks 183, 184, 185, 204 and part Block 205, Original Town from LI Limited Industrial to DC Downtown Commercial. The second reading will be at the next regular Council meeting. Moved by Council Member Kuhns, seconded by Council Member Anderson to open the Public Hearing on Oscar and Katie Duran request for Conditional Use Permit for Downtown Residential at 445 North Broad Street. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Eairleywine, seconded by Council Member Schaller to close the Public Hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Eairleywine to approve Resolution No. 2015-071 approving Oscar and Katie Duran request for Conditional Use Permit for Downtown Residential at 445 North Broad Street. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Landholm to approve the consent agenda. Roll call vote: 8 ayes. Motion carried.  Dispense with and approve April 14 and 21, 2015 minutes  April 15 – 28, 2015 claims  Resolution No. 2015-072 granting permission to consume alcohol on City property for Olivia Canales, City Auditorium, August 1, 2015, birthday party; Hilary Mecham, Christensen Field, August 8, 2015, wedding; Barbara Rice, City Auditorium, April 23, 2016, wedding reception  Resolution No. 2015-073 approving Special Designated Liquor permits: Leroy’s LLC, 1710 West 16th, June 6, 2015, fundraiser; St. Patrick’s Church, 431 North Union, June 27, 2015, reception  Appoint Jennifer Weiss-Assmann to the Airport Advisory Committee to fill an unexpired term ending June 2015  Resolution No. 2015-074 approving St. Patrick’s Church Festival Committee request for street closures for festival June 6-7, 2015  Resolution No. 2015-075 approving agreement amendment with Yong Construction for the Lincoln Avenue Box Culvert project  Resolution No. 2015-076 extending easement agreement with Crown Castle International Corporation for cell tower at 1600 East Military (Memorial Park)  Balance Sheet by fund and Statements of Revenue and Expenditures for March 2015  Resignation of Jacob Herrman from the Downtown Business Improvement District Board  Resolution No. 2015-077 approving service agreement with John C Fremont Days Inc.  Resolution No. 2015-078 approving Metropolitan Community College request to Replat Lot 5, part Lot 6, and south half of adjacent vacated alley, Block 83, Original Town into one lot  Resolution No. 2015-079 approving Charles H. Diers, LLC request to Replat Lots 1 and 2, Block 2, Diers Second Addition into one lot Moved by Council Member Johnson, seconded by Council Member Kuhns to approve Resolution No. 2015-084 appointing Kevin Main and Gordon Breithaupt to the Downtown Business Improvement District Board. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to amend the Resolution approving Sycamore Leaf loan application and agreement for Local Option Economic Development (LB840) funds by replacing the following: Sycamore Leaf Solutions located in the Fremont, Nebraska has made an application for $100,000 from the Local Option Economic Development Plan for the creation of three (3) jobs. The terms of the Local Option Economic Plan loan are $100,000 performance based loan with 3 full time jobs with benefits located in Fremont created within three years, retention of those jobs over a five year period of time from the creation of the job and a five year commitment to remain in Fremont. The money will be disbursed proportionately for every job created after that job has been retained for a six month period of time; and, with the following: Sycamore Leaf Solutions located in Fremont, Nebraska has made an application for $100,000 from the Local Option Economic Development Plan for the creation of three (3) jobs. The terms of the Local Option Economic Plan forgivable loan are 3 full time jobs with benefits located in Fremont created within two years, retention of those jobs over a five year period of time from the creation of the job, a five year commitment to remain in Fremont and a life insurance policy on the life of Glendon J. Ellis in an amount of not less than $150,000 naming the City of Fremont as the primary beneficiary. The loan obligation will be reduced by 50% upon retention of each of the 3 full time jobs for a three year period and will be forgiven in full upon retention of each of the 3 full time jobs for a five year period. Roll call vote: 7 ayes, 1 nay (Landholm). Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Bixby to approve Resolution No. 2015-086, as amended, approving Sycamore Leaf loan application and agreement for Local Option Economic Development (LB840) funds. Roll call vote: 7 ayes, 1 nay (Landholm). Motion carried. Moved by Council Member Anderson, seconded by Council Member Legband to approve change order one in the amount of $9,426.42 with Yong Construction for Lincoln Avenue Box Culvert project. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to approve change order one in the amount of $15,750.00 with CR Menn Construction for Curb Ramp Replacement 2014 project. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Legband, seconded by Council Member Eairleywine to approve Resolution No. 2015-080 authorizing the City Clerk to administratively approve Special Designated Permit applications. Roll call vote: 7 ayes, 1 nay (Schaller). Motion carried. Moved by Council Member Bixby, seconded by Council Member Schaller to approve Resolution No. 2015-081 designating levee project as a capital priority for budget preparation. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Johnson to approve a needs assessment and renovation study for City Auditorium. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Legband to appoint Brian Newton as the Utilities General Manager. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Kuhns to accept the Greater Fremont Development Council report. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Landholm to go into executive session for the purpose of discussing a strategy with respect to pending litigation and for the further reason that the executive session is necessary for the protection of the public interest. The Mayor stated a motion had been made and seconded to go into executive session for the purpose of discussing a strategy session with respect to pending litigation 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 pending litigation and for the further reason that the executive session is necessary for the protection of the public interest. Roll call vote: 8 ayes. Motion carried. The Mayor stated a motion to go into executive session for the purpose of discussing a strategy session with respect to pending litigation and for the further reason that the executive session is necessary for the protection of the public interest had been approved. Discussion will be limited to a strategy session with respect to pending litigation. He further stated that no official actions or votes would be taken during the executive session. Executive session began at 7:49 p.m. Moved by Council Member Bixby, seconded by Council Member Legband to come out of executive session. Roll call vote: 8 ayes. Motion carried. Executive session ended at 8:14 p.m. Moved by Council Member Johnson, seconded by Council Member Anderson to approve Resolution No. 2015-082 approving litigation settlement with Waste Connections of Nebraska Inc. Roll call vote: 7 ayes, 1 nay (Kuhns). Motion carried. Moved by Council Member Johnson, seconded by Council Member Anderson to extend the agreement for one year for the Transfer and Recycling Station with Waste Connections Inc. Roll call vote: 6 ayes, 2 nay (Kuhns and Schaller). Motion carried. The Mayor announced the next meeting would be May 12, 2015 at 7:00 p.m. Moved by Council Member Anderson, seconded by Council Member Legband to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 8:17 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