City Council

SPECIAL CITY COUNCIL MEETING September 1, 2015 5:30 p.m. After the Pledge of Allegiance, 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 Schaller, seconded by Council Member Eairleywine to open the Public Hearing for 2015-2016, 2016-2017 fiscal year budgets. Roll call vote: 8 ayes. Motion carried. Jerry Rhinne, CEO of YMCA, requested the Fremont Skate Program be put back into the budget with the City’s cost at $25,000. He stated last year’s participant numbers showed 40% from middle school, 8% from low income elementary schools, 3.5% from home schooled youth, 48.5% from high school, Learning Center, Bergan, Trinity and other elementary schools as well as adults. Mr. Rhinne stated the entire community has an opportunity to skate and that it brings families together. He stated the program provides youth with a safe holiday environment; keeps youth out of the court system; is handicap accessible; is a life time sport; combats youth obesity; and provides the opportunity to meet new friends from all income levels as well as promotes healthy living and family time enhancing quality of life for Fremont. Mr. Rhinne further stated hosting hockey tournaments provides additional revenue to the City of Fremont with sales, lodging and food and beverage tax. He stated he has been told that up to $35,000 comes to the community for a three day hockey tournament with more “heads in the beds” than any other event in Fremont and that they are also a large user of utilities. Mr. Rhinne stated the YMCA values the partnership with City. Council Member Legband stated he is interested in active youth but was concerned about the hard time getting updated numbers from the YMCA. Jerry Rhinne, CEO YMCA, stated he would like to have more input from the City with possibilities of being more involved in the process like signing in kids, etc. to help with the number system to ensure accurate numbers. Council Member Legband questioned if the program used to be funded by Keno funds. Jeffy Rhinne, CEO YMCA, stated that originally the YMCA would apply for $40,000 in keno funds which funded the programs Free Skate and Second Grade Learn to Skate. He further stated the funding was later just included in the budget so the YMCA didn’t have to always come back every year and ask. He also stated Keno funding changed so the YMCA could not apply for it. Mayor Getzschman stated that Keno funds are truly meant for property tax relief and that when projects are paid for out of Keno funds, it is property tax relief. He stated a group of Council Members were appointed to form a policy and it has about ten non-profit organizations that can apply for $50,000 in Keno match funds and the rest is property tax relief. Council Member Schaller questioned if state statute changed how Keno funds are dispersed. Mayor Getzschman stated no, it was a Council Committee that determined who could apply. Council Member Eairleywine spoke in support of the YMCA program but asked for an accounting system to assist the YMCA so that the City truly pays a fair share. Council Member Johnson stated he had concerns the amount would be more than what the public would pay for parties, etc. Park and Recreation Director Seder stated he didn’t have the exact number but thought it was approximately $375 per hour which may be cheaper than the normal rate plus other costs for parties. Council Member Johnson stated he felt the YMCA has a good program but the City’s primary goal is to provide public safety and to have roads in good condition. He further stated he felt that picking and choosing programs is difficult and takes money away from the things money should be spent on. Council Member Eairleywine stated he believes the programming for the YMCA is done as a partnership with the YMCA and the Parks Department and this provides a winter activity. Council Member Bixby stated she believes that if the City’s role in the community is to provide safety and roads then we shouldn’t be running stadiums or baseball programs, etc. and that maybe we need a public/private agreement to do those things. She further stated the City should let those that are good at running those kinds programs do it. She felt the programs are in lieu of the City owning and maintaining large capital items such as a stadium or hockey rink. She stated she wants the YMCA skate program to be a part of the Parks program. City Administrator Shotkoski stated staff looked at all the mentioned things when preparing the budget and that appropriation for the Park and Recreation didn’t change much. He further questioned if the City needs winter programming and if yes could it be done at less costly options and/or more options. Park and Recreation Director Seder stated he thought the skate program is a good program but could there be alternate programs that might capture all kids when all schools are out. The City was charged for 32 sessions of skating but Mr. Seder questioned if every child was able to participate. Mr. Seder further stated that by the City running its own programmed holiday break schedule the City Auditorium, Christensen Field and the Library could be utilized at about a cost of $2,500. He stated he feels the City has the options and the resources Mayor Getzschman questioned if trips are still taken to Iowa to ski. Park and Recreation Director Seder stated that could be done as well as one day for ice skating. He further stated he could talk to some sporting goods stores about snowboarding and could use the sled hill for that activity. Mayor Getzschman stated he has been a supporter of the YMCA skate program for a long time. He stated the challenge is the burden on the City and if the City should be providing this type of service. He stated he would like to see more community partnerships to fund the skating program. Council Member Schaller stated he feels the City subsidizes parks programs and pools as well as the library programs and that more entities around Fremont need to participate in the cost sharing such as Midland, schools and church groups. Mayor Getzschman stated one solution would be to set aside $5,000 to $10,000 for those other City Recreation programs and $15,000 to $20,000 for the YMCA skate program. He further stated he would like the rest of the organizations in the collaboration group to step up and help. City Administrator Shotkoski stated the decision did not need to be made tonight or even next week because appropriation is budgeted. The Council needs to decide if the appropriation amount for the Recreation Department was okay for all programs. He further stated he wanted to let the YMCA know there wasn’t a line item for them in the budget. He asked the Council to look at the existing programs, the number of kids using them and if they didn’t want the programs then then they should lower the appropriation but reminded them that was for summer programs as well. Council Member Johnson stated he was excited by Park and Recreation Director Seder’s vision for new programs and the appeal to a broader group. He questioned if the Parks could cover 40% and other members of community cover 60% of the cost of the programs. Holly Ludvigsen, citizen, stated she worked and volunteered at the YMCA and felt she took very accurate accounting of the number of youth that came to skate and where they were from. She further stated she did not believe that youth from grade 5-8 would be interested in art and crafts or reading at the Library that they just want to hang out with friends at the skating arena. She stated the skate program was a really good program providing kids somewhere safe to go and requested the Council keep it. Council Member Eairlywine stated that maybe Mr. Seder could poll some kids, in conjunction with the schools, about programming ideas. Council Member Schaller questioned if the Illegal Immigration Fund could be dedicated at a later date. Finance Director Sanders stated that the commitment of the funds is usually done at the end of the fiscal year for financial statement preparation purposes so reserved funds can be identified for a purpose. She further stated the balance needs to be committed annually or else they are no longer committed from an accounting standpoint. Council Member Schaller questioned if the commitment could be changed midstream or not. Finance Director Sanders stated the Council could do it anytime. Council Member Schaller questioned if they could change dedication of the funds to the levee? Finance Director Sanders stated she did the commitment at the end of the fiscal year with the budget for transparency, in relation to budgeted projects and funding sources. Council Member Schaller stated his concern about skipping notices for the budget and that the commitment of the funds would be a very hot topic so he would like to do the dedicating at a later date. City Administrator Shotkoski stated staff has attempted to show in the budget where the funds will come from for the projects that are in the budget and that if we don’t identify the Illegal Immigration funds for the levee then there isn’t funding for the levee unless different funds were identified. He further stated Council could meet again on September 9th for the final reading. Mayor Getzschman questioned if the Illegal Immigrations funds could be designated for both the defense and enforcement of the ordinance as well as for the levee project. Finance Director Sanders stated the Council could do whatever they wanted. Council Member Kuhns stated he believes the general public wanted accountability to what the City was going to do with those funds and that they were going to be used for a legitimate purpose to get something done for the community. City Administrator Shotkoski stated Council could designate the funds to be used for both. Council Member Bixby requested what the issue was for the funds to be refunded to taxpayers. City Administrator Shotkoski stated issuing refunds would be very complicated due to various factors including but not limited to: finding out who paid their property taxes during the time frame; who owned the property and how to tell what property was sold and the owners; and the impact on the lid. Finance Director Sanders stated there is a section on the State Budget form for refunds to tax payers but it has to be done at the county level. Council Member Eairleywine stated he thought the issue discussed in previous years was if there could be not so much as direct refunds to property owners but possible dropping or reducing the levy and how much in one particular year it could be done. City Administrator Shotkoski agreed and stated after lowering the levy there are limitations in increasing it back up so it would need to be spread it out over several years. Mayor Getzschman stated the lowering of the levy could be spread out over five years. Council Member Eairleywine questioned how much would the levy need to be increased after those five years to make up for the lowering (refund). Mayor Getzschman stated about fifteen cents. Council Member Eairleywine stated he felt there needs to be some education with the community on changing the use of the fund. Council Member Schaller stated he is 100% behind using the Illegal Immigration funds for the levee but is concerned about the quick perception. Mayor Getzschman questioned if the $10,000 stipend for Kris Kobach, Illegal Immigration attorney, was in the budget and if it was still necessary. City Attorney Payne stated he has talked to Mr. Kobach a few times this year but hasn’t seen any progress as far as getting anywhere with the SAVE program. Council Member Johnson questioned if Mr. Payne felt the stipend covered a circumstance for if the City would get sued for discrimination. City Attorney Payne stated yes and that the stipend is more of an insurance policy at this point versus hiring a private attorney, especially in a federal lawsuit. Council Member Johnson stated he felt over the years Mr. Kobach has given the City a fair amount of time for that amount of money. Finance Director Sanders stated she would add it in the budget for the next two years as well as a couple of other corrections. She further stated all proposed changes would be in an itemized list for the next Council meeting. Mayor Getzschman discussed the Fremont Chamber service contract that would be considered at the next Council meeting. He felt it is very difficult to pay the Chamber because the City cannot be a member but he feels the City should be part of the team to collaborate. The Mayor stated the Utility Department is paying them $1200 a year already and that the Utilities are a part of the City. He stated he would like the City to give $1200 for a total of $2400 and even though it is a small amount from the budget, the issue is the Chamber needs to provide a service whether it’s an email blast. He questioned the cost of an email blast and stated perhaps the Chamber could do a different service such as the Concert in the Parks series. Council Member Johnson stated he thought it made a lot of sense for part to come from the City and part to come from the Utilities. There being no further testimony, moved by Council Member Eairleywine, seconded by Council Member Legband to close the Public Hearing for 2015-2016, 2016-2017 fiscal year budgets. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Legband to introduce an Ordinance adopting 2015-2017 budget statement termed the appropriation bill. Roll call vote: 8 ayes. Motion carried. The City Clerk gave the first reading, by title only, of an Ordinance adopting 2015-2017 budget statement termed the appropriation bill. The second reading will be at the next regular Council meeting. Moved by Council Member Anderson, seconded by Council Member Schaller to open the Public hearing to set the final City tax rate for 2015-2016 and 2016-2017 fiscal year. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Legband, seconded by Council Member Schaller to close the Public Hearing for 2015-2016, 2016-2017 fiscal year budgets. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Bixby, seconded by Council Member Johnson to approve Resolution No. 2015-165 setting property tax request at $4,621,347 for 2015-2016 fiscal year and at $4,630,443 for 2016-2017 fiscal year. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Eairleywine to approve Resolution No. 2015-166 setting final City tax rate of $0.323363/$100 valuation for 2015-2016 fiscal year. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Landholm to approve Resolution No. 2015-167 setting final City tax rate for debt service of $0.024397/$100 valuation for 2015-2016 fiscal year. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Bixby to approve the additional 1% increase in base limitation on restricted fund authority for 2015-2017 fiscal years. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Eairleywine to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:01 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