City Council

CITY COUNCIL MEETING June 30, 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, Bixby and Schaller present, Kuhns absent – 7 present, 1 absent. Council Member Kuhns entered the meeting at 7:08 p.m. Moved by Council Member Schaller, seconded by Council Member Johnson to open the Public Hearing on the Northeast Nebraska Solid Waste Coalition budget for fiscal year ending September 30, 2016. Roll call vote: 8 ayes. Motion carried. Council Member Anderson gave an overview of the proposed budget for the Coalition. He stated Columbus, Norfolk and Fremont are required to have public hearings on the budget and that an audit was conducted positively for the Coalition. He further stated that the budget for the fiscal year ending September 2016 was prepared on three levels. Level One assumed cell five is not constructed and the bonds remain outstanding. Level Two assumed cell five is constructed and the bonds remain outstanding. Level Three assumed the bonds would be called and paid off in fiscal year 2014-2015 and cell five is constructed. The committee voted unanimously approving the Level Three budget. They also passed Resolution 2015-1 calling for $915,000 of outstanding bonds and recommended that Burns and McDonald Engineering prepare construction, design and bid documents for the area five disposal cell at an estimated cost of $119,916. Council Member Anderson relayed that according to correspondence as prepared by Burns and McDonald Engineering, dated October 7, 2014, stated calculations performed during the permitting process in 2014 indicated a need for expansion. Landfill areas one through four are shown to have a theoretical projected fill date of May 2020. Based on the volume calculations and review of intermediate filling concept, developed by Burns and McDonald Engineering in 2012, development of area five construction documents should be tentatively planned for fall of 2015 with construction of area five planned for the 2016 construction season. He stated the timeline would provide operational flexibility with landfill phasing and filling operations. There being no further testimony, moved by Council Member Eairleywine, seconded by Council Member Schaller to close the Public Hearing on Northeast Nebraska Solid Waste Coalition budget for fiscal year ending September 30, 2016. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Legband, seconded by Council Member Johnson to open the Public Hearing for Fremont Housing Agency Environmental Review process, the Finding of No Significant Impact and the Request for Release of Funds for the 2015 Capital Funds Grant from the U.S. Department of Housing and Urban Development. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Anderson, seconded by Council Member Legband to close the Public Hearing for Fremont Housing Agency Environmental Review process, the Finding of No Significant Impact and the Request for Release of Funds for the 2015 Capital Funds Grant from the U.S. Department of Housing and Urban Development. Public comments will be received by the City Clerk for fifteen days. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to approve Resolution No. 2015-108 authorizing signing of related documents for Fremont Housing Agency for Environmental Review, Finding of No Significant Impact and Request for Release of Funds for the 2015 Capital Funds Grant from the U.S. Department of Housing and Urban Development. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Anderson to open the Public Hearing for City of Fremont to rezone approximately 19,000 square feet at 1710 West 16th Street from RR Rural Residential to GI General Industrial. Roll call vote: 8 ayes. Motion carried. The Mayor stated the rezone would pave the way for a new free standing LED sign. Council Member Schaller questioned if the zoning change would affect the use of the buildings at Christensen Field. City Administrator Shotkoski stated no because only a small triangular portion of the grounds would be rezoned. There being no further testimony, moved by Council Member Legband, seconded by Council Member Landholm to close the Public Hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Legband to introduce an Ordinance to approve the City of Fremont request to rezone approximately 19,000 square feet 1710 West 16th Street from RR Rural Residential to GI General Industrial. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance approving the City of Fremont request to rezone approximately 19,000 square feet 1710 West 16th Street from RR Rural Residential to GI General Industrial. Moved by Council Member Johnson, seconded by Council Member Legband to suspend the rules and place on final reading the Ordinance approving the City of Fremont request to rezone approximately 19,000 square feet 1710 West 16th Street from RR Rural Residential to GI General Industrial. Roll call vote: 7 ayes, 1 nay (Schaller). Motion carried. The City Clerk gave the final reading, by title only, of an Ordinance approving the City of Fremont request to rezone approximately 19,000 square feet 1710 West 16th Street from RR Rural Residential to GI General Industrial. Roll call vote: 8 ayes. Ordinance No. 5339 passed. Moved by Council Member Johnson, seconded by Council Member Bixby to open the Public Hearing for Don Schneider request, on behalf of Gerald and Joyce Grantz, to rezone approximately 2.7 acres at 5776 West Highway 30 from AG Agricultural to GC General Commercial. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Landholm, seconded by Council Member Anderson to close the Public Hearing for Don Schneider request, on behalf of Gerald and Joyce Grantz, to rezone approximately 2.7 acres at 5776 West Highway 30 from AG Agricultural to GC General Commercial. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Anderson to introduce an Ordinance to rezone approximately 2.7 acres at 5776 West Highway 30 from AG Agricultural to GC General Commercial (Don Schneider on behalf of Gerald and Joyce Grantz). Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an an Ordinance to rezone approximately 2.7 acres at 5776 West Highway 30 from AG Agricultural to GC General Commercial (Don Schneider on behalf of Gerald and Joyce Grantz). The second reading will be at the next regular Council meeting. Moved by Council Member Eairleywine, seconded by Council Member Schaller to approve the consent agenda. Roll call vote: 8 ayes. Motion carried.  Dispense with and approve June 9, 2015 minutes  June 10 – 30, 2015 claims  Resolution No. 2015-109 granting permission to consume alcohol on City property: Brooke Borisow, Christensen Field, September 3, 2016, wedding; David Anderson, Christensen Field, July 16, 2016, wedding reception; Nathaniel Poole, City Auditorium, June 4, 2016, wedding reception  Local Option Economic Development Plan Administrator’s report  Resolution No. 2015-110 authorizing Mayor to sign letter for Fremont Housing Agency application for designated housing plan for Stanton Tower  Resolution No. 2015-111 adopting Regional Owner/Occupied Housing Rehabilitation Guidelines  Resolution No. 2015-112 approving MainStreet of Fremont request to close streets for annual Crazy Days Sidewalk sale July 25, 2015  Cement worker applications: Jeremy Knoell & Knoell Construction; Mario Lopez Ramirez & Unique Concrete Construction; Kenneth Gaskin and Gaskin Construction  Balance Sheet by fund and Statements of Revenue and Expenditures for May 2015  Resolution No. 2015-113 approving Stephen W. Dodd request, on behalf of James & Joleen Kelly and Bernard & Bernadette Gehrki, to replat approximately 0.5 acres at 980 CR West #S-1091 to be known as Woodcliff Subdivision, being a Replat of Lots S-1091 and S-1092, Saunders County  Resolution No. 2015-114 approving Stephen W. Dodd request, on behalf of Judith Christensen, to replat approximately 6.7 acres at 1640 Cottonwood Trail to be known as Woodland Lakes Subdivision, being a Replat of Lots 1 and 2  Resolution No. 2015-115 approving Nicholas Seery request, on behalf of Stephen and Sarah Hand, to replat approximately 2.0 acres at 4229 Pacific Street to be known as Sunset Addition, Block 5, being a Replat of part of Lot 4, all of Lots 5 – 8 and part of Lot 9 Moved by Council Member Anderson, seconded by Council Member Landholm to amend Resolution No. 2015-116 authorizing erection of Pathfinder Hotel Explosion monument on City-owned property located northeast corner of North Broad Street and West 6th Street by correcting “northwest” to “northeast” in the Resolution. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Legband, seconded by Council Member Eairleywine to approve Resolution No. 2015-116, as amended, authorizing erection of Pathfinder Hotel Explosion monument on City- owned property located northeast corner of North Broad Street and West 6th Street. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the third reading, by title only, of an Ordinance annexing 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. Roll call vote: 8 ayes. Ordinance No. 5340 passed. The City Clerk gave the third reading, by title only, of an Ordinance for the creation of Water Connection District WC-905-15. Roll call vote: 8 ayes. Ordinance No. 5341 passed. Moved by Council Member Landholm, seconded by Council Member Legband to reconsider Resolution awarding bid for West 6th Street Reconstruction project. Roll call vote: 7 ayes, 1 nay (Schaller). Motion carried. Moved by Council Member Bixby, seconded by Council Member Landholm to approve Resolution No. 2015-117 awarding bid to CR Menn Construction in the amount of $178,558.33 for West 6th Street Reconstruction project. Roll call vote: 7 ayes, 1 nay (Schaller). Motion carried. Moved by Council Member Johnson, seconded by Council Member Eairleywine to receive and file petitions against the construction of the 23rd Street Viaduct. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Legband to approve Resolution No. 2015-118 declaring the 23rd Street Viaduct as a priority for the upcoming 2-year budget cycle. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Eairleywine to accept the pedestrian signal study recommendations as provided by Olsson Associates except Military crossing would be a user push button. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Schaller to approve Resolution No. 2015-119 approving closure of a part of Third Street and a Special Designated Permit for F&T Inc. dba Corner Bar on August 1, 2015 for anniversary celebration. 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 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 had 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 and asked for 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 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 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. Discussion will be limited to a strategy session with respect to threatened litigation. No official actions or votes will be taken during the executive session. Time in: 8.32 p.m. Moved by Council Member Anderson, seconded by Council Member Landholm to come out of executive session. Roll call vote: 8 ayes. Motion carried. Time out: 8:43 p.m. The Mayor announced the next meeting would be July 14, 2015 at 7:00 p.m. with a public comment period beginning at 6:30 p.m. Moved by Council Member Anderson, seconded by Council Member Eairleywine to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 8:44 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