City Council

CITY COUNCIL MEETING August 25, 2015 7:00 p.m. After the budget session, 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, Anderson, Legband, Kuhns, Landholm, Bixby, Schaller and Eairleywine present; 8 present, 0 absent. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to open the Public Hearing for KC’s LLC dba RD’s Place, 2215 N Broad, class CK liquor license application. 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 for KC’s LLC dba RD’s Place, 2215 N Broad, class CK liquor license application. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Legband to recommend approval of the Class CK liquor license application of KC’s LLC dba RD’s Place, 2215 N Broad. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Eairleywine to approve Resolution No. 2015-153, as amended, approving the Class CK liquor license application of KC’s LLC dba RD’s Place, 2215 N Broad. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Legband to open the Public Hearing on Gardner Capital Development Nebraska, LLC request, on behalf of Eastowne Development, LLC, for Conditional Use Permit for Residential Cluster at 779 East 29th Street. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Legband, seconded by Council Member Anderson to close the Public Hearing on Gardner Capital Development Nebraska, LLC request, on behalf of Eastowne Development, LLC, for Conditional Use Permit for Residential Cluster at 779 East 29th Street. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Legband to approve Resolution No. 2015-154 approving the Gardner Capital Development Nebraska, LLC request, on behalf of Eastowne Development, LLC, for Conditional Use Permit for Residential Cluster at 779 East 29th Street. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Eairleywine to approve the consent agenda. Roll call vote: 8 ayes. Motion carried.  Dispense with and approve August 11, 2015 minutes  August 12 - 25, 2015 claims  Resolution No. 2015-155 granting permission to consume alcohol on City property: Kendra Russell, City Auditorium, July 16, 2016, wedding reception; Gina Taylor, City Auditorium, August 20, 2016, wedding   Balance Sheet by fund and Statements of Revenue and Expenditures for July 2015  Appoint Daniel Moran to Park and Recreation Board to fill an unexpired term ending January 2016  Resolution No. 2015-156 assessing nuisance lien in the amount of $249.54 against Lot 5 Block 30 Chases Addition (1350 N Clarkson – owner: Joseph and Pamela Johnson)  Resolution No. 2015-157 assessing nuisance lien in the amount of $244.47 against Lot 12 Snyder’s Subdivision (2042 E 5th – owner: Shirley Hansen and Theresa Dillon)  Ownership change of keno satellite of KC’s LLC dba RD’s Place, 2215 North Broad  Resolution No. 2015-158 to accept and award bid to Sawyer Construction in the amount of $132,119.80 for North Yager Road Water Main project (WC-905-15)  Resolution No. 2015-159 to accept and award bid to Vermeer High Plains in the amount of $228,000 for compost screener for Waste Water Treatment Plant  Resolution No. 2015-160 to authorize grant agreement for up to $175,000 with Nebraska Department of Environmental Quality for compost screener  Resolution No. 2015-161 approving interlocal agreement with Nebraska Regional Interoperability Network to create a governing board relating to Public Safety Answering Points network  Fraternal Order of Police bargaining agreement Moved by Council Member Schaller, seconded by Council Member Legband to continue to September 8, 2015 Council meeting the Resolution for service agreement with Fremont Area Chamber of Commerce. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the third reading, by title only, of an Ordinance approving Pete Rix request to rezone approximately 32.0 acres located at 1762 Hills Farm Road from GI General Industrial to AG Agricultural. Roll call vote: 8 ayes. Ordinance 5344 passed. Moved by Council Member Johnson, seconded by Council Member Kuhns to suspend the rules and place on final reading the Ordinance pertaining to pay plan for City of Fremont governmental officers and employees. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, by title only, of Ordinance pertaining to pay plan for City of Fremont governmental officers and employees. Roll call vote: 8 ayes. Ordinance No. 5345 passed. Moved by Council Member Kuhns, seconded by Council Member Anderson to suspend the rules and place on final reading the Ordinance pertaining to pay plan for City of Fremont utility officers and employees. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the final reading, by title only, of Ordinance pertaining to pay plan for City of Fremont utility officers and employees. Roll call vote: 8 ayes. Ordinance No. 5346 passed. Moved by Council Member Schaller, seconded by Council Member Johnson to introduce an Ordinance creating Sanitary Sewer District, alley between 17th and 16th Street, between Main and Park. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance creating Sanitary Sewer District, alley between 17th and 16th Street, between Main and Park. The second reading will be at the next regular Council meeting. Moved by Council Member Schaller, seconded by Council Member Eairleywine to approve Change Order #2 for Yong Construction in the amount of $2,100.00 for Lincoln Avenue Box Culvert project. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Johnson to deny the City Auditorium fee waiver request of Care Corps. Roll call vote: 7 ayes, 1 nay (Bixby). Motion carried. Moved by Council Member Bixby, seconded by Council Member Schaller to amend the Resolution approving the agreement for Animal Control services by authorizing a revision to the building lease agreement amendment with Dodge County Humane Society, that was approved by City Council on December 30, 2014, to commence September 1, 2015 (instead of November 1, 2014 – paragraph 18). Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Schaller to approve Resolution No. 2015-164, as amended, for agreement with Dodge County Humane Society for Animal Control services. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:51 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