City Council

CITY COUNCIL MEETING May 26, 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 Johnson, Legband, Anderson, Eairleywine, Landholm, Schaller and Kuhns present, Bixby absent – 7 present, 1 absent. Moved by Council Member Anderson, seconded by Council Member Kuhns to open the Public Hearing for annexation of a portion of land in the NW ¼ of 19-17-9 located between Luther Road and Johnson Drive and directly north of the Department of Utility’s power plant and warehouse. Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Eairleywine, seconded by Council Member Johnson to close the Public Hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Legband to introduce an Ordinance annexing a portion of land in NW ¼ of 19-17-9 located between Luther Road and Johnson Drive and directly north of Department of Utility’s power plant and warehouse (1st Street). Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance annexing a portion of land in NW ¼ of 19-17-9 located between Luther Road and Johnson Drive and directly north of Department of Utility’s power plant and warehouse (1st Street). The second reading will be at the next regular Council meeting. Moved by Council Member Johnson, seconded by Council Member Schaller to open the Public Hearing on Robert E. Knoell request to rezone approximately 3.7 acres located 3061 West County Road S from AG Agricultural to RR Rural Residential. Roll call vote: 7 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: 7 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Legband to introduce an Ordinance approving Robert E. Knoell request to rezone approximately 3.7 acres located 3061 West County Road S from AG Agricultural to RR Rural Residential. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance approving Robert E. Knoell request to rezone approximately 3.7 acres located 3061 West County Road S from AG Agricultural to RR Rural Residential. Moved by Council Member Schaller, seconded by Council Member Johnson to suspend the rules and place the Ordinance on final reading. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the final reading, by title only, of an Ordinance approving Robert E. Knoell request to rezone approximately 3.7 acres located 3061 West County Road S from AG Agricultural to RR Rural Residential. Roll call vote: 7 ayes. Ordinance No. 5336 passed. Moved by Council Member Kuhns, seconded by Council Member Legband to open the Public Hearing on Shanna Washburn request for conditional use permit at 405 West 19th for day care services (general). Roll call vote: 7 ayes. Motion carried. There being no testimony, moved by Council Member Anderson, seconded by Council Member Landholm to close the Public Hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Legband, seconded by Council Member Schaller to approve Resolution No. 2015-089 approving Shanna Washburn request for conditional use permit at 405 West 19th for day care services (general). Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Eairleywine to open the Public Hearing on Mellony Tenopir request for conditional use permit at 1607 North Madison for day care services (general). Roll call vote: 7 ayes. Motion carried. Mellony Tenopir stated she would answer any questions. There being no further testimony, moved by Council Member Anderson, seconded by Council Member Legband to close the Public Hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Eairleywine to approve Resolution No. 2015-090 approving Mellony Tenopir request for conditional use permit at 1607 North Madison for day care services (general). Roll call vote: 7 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Eairleywine to approve the consent agenda. Roll call vote: 7 ayes. Motion carried.  Dispense with and approve May 12, 2015 minutes  May 13 – 26, 2015 claims  Resolution No. 2015-091 granting permission to consume alcohol on City property: Michelle Hoyt, Friendship Center, April 16, 2016, wedding  Appoint Jim Dockerty as Police Sergeant  Reappoint Steve Tellatin to Civil Service Commission for a six year term ending April 2021  Resolution No. 2015-092 accepting $6,000 grant from Fremont Community Foundation for body cameras for the Police  Resolution No. 2015-093 authorizing interlocal agreement with Three Rivers District Health Department for Cities Readiness Initiative Site Security Plan  Resolution No. 2015-094 approving contract extension with CB Richard Ellis/MEGA for marketing Fremont Technology Park  Resolution No. 2015-095 to approve agreement with Northeast Nebraska Economic Development District for services to conduct environmental review for Fremont Housing Authority  Balance Sheet by fund and Statements of Revenue and Expenditures for April 2015  Resolution No. 2015-098 approving Robert E. Knoell request for final plat of Knoell’s Estate  Resolution No. 2015-099 certifying NEPA – Categorical Exclusion report for Ridge Road Trail project for submission to the Federal Highway Administration  Liquor manager application of Levent Capan for Walmart, 3010 East 23rd Avenue North Moved by Council Member Schaller, seconded by Council Member Legband to deny Resolution awarding bid for West 6th Street Reconstruction project to CR Menn Concrete, LLC. Roll call vote: 7 ayes. Resolution denied. Moved by Council Member Legband, seconded by Council Member Johnson to approve Resolution No. 2015-096 consenting to vacation of unnamed platted street in part of Block 3 and 4, L J Abbott's Subdivision. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Legband, seconded by Council Member Eairleywine to approve Resolution No. 2015-097 approving Fremont Rotary request to use Fremont Municipal Airport and Airport Road for overflow parking for fly-in breakfast and to deny skydiving at said event. Roll call vote: 4 ayes, 3 nays (Johnson, Schaller, Kuhns). Motion failed. Moved by Council Member Kuhns, seconded by Council Member Schaller to amend Resolution No. 2015-097 by approving request of Fremont Rotary for sky diving at the fly-in breakfast. Roll call vote: 6 ayes, 1 nay (Eairleywine). Motion carried. Moved by Council Member Kuhns, seconded by Council Member Schaller to approve Resolution No. 2015-097, as amended, approving Fremont Rotary request to use Fremont Municipal Airport and Airport Road for overflow parking for fly-in breakfast August 23, 2015 from 7:00 a.m. to 1:00 p.m. and for sky diving at Airport on August 22 and 23, 2015 from 8:00 a.m. to dusk. Roll call vote: 6 ayes, 1 nay (Eairleywine). Motion carried. Moved by Council Member Schaller, seconded by Council Member Eairleywine to approve Resolution No. 2015-100 awarding bid to Heiman Fire Equipment in the amount of $935,675 for new Rosenbauer Custom Fire Aerial Apparatus. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the third 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. Roll call vote: 7 ayes. Ordinance No. 5337 passed. The City Clerk gave the third 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. Roll call vote: 7 ayes. Ordinance No. 5338 passed. Moved by Council Member Kuhns, seconded by Council Member Johnson to approve Resolution No. 2015-101 approving Chris and Maureen Zavadil request to replat parts of Lots 3-6, Block 204, Original Town into two lots. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Landholm to introduce an Ordinance for the creation of Water Connection District WC-905-15. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance for the creation of Water Connection District WC-905-15. The second reading will be at the next regular Council meeting. Moved by Council Member Kuhns, seconded by Council Member Johnson to approve the request of Paul Gifford for extra width drive at 2073 North Radamakers Way. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Schaller to receive into the record Brad Yerger’s comments from the meeting relating to animal control contract award, his emails from December and January, and the Fremont Tribune editorial (all documents were presented by Mr. Yerger and given to the City Clerk). Roll call vote: 7 ayes. Motion carried. Moved by Council Member Legband, seconded by Council Member Johnson to approve Resolution No. 2015-102 approving agreement with Dodge County Humane Society for animal control services. Roll call vote: 7 ayes. Motion carried. The Mayor announced the next meeting would be June 9, 2015 at 7:00 p.m. with an Open House to receive public input on 23rd Street Viaduct on June 4, 2015 from 5:00 p.m. to 7:00 p.m. Moved by Council Member Kuhns, seconded by Council Member Schaller to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 8:07 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