City Council

CITY COUNCIL MEETING September 29, 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, Kuhns and Schaller present – 8 present, 0 absent. Moved by Council Member Schaller, seconded by Council Member Eairleywine to open the Public Hearing on the Comprehensive Revitalization 2015 grant application. Roll call vote: 8 ayes. Motion carried. Jean Kaup Van Iperen, Office Services Associate, stated that after she had presented to the Council last month an application for Comprehensive Revitalization grant funds, the State informed the City there was an additional $200,000 available if the City could find a project for these funds. She, along with Lowell at Northeast Nebraska Economic Development District, looked if there was a way to utilize the money. Ms. Van Iperen further stated that they came up with was more housing with the $200,000 being used particularly for downtown upper level housing. They are hoping to find property owners downtown to take the lead she stated and that one caveat for the business owner was a certain percentage needed to be rented to low to moderate income individuals for a period of five years. She stated the application needed to be approved again if Council wanted to move forward and the City would request $414,928 in grant money for housing activities which includes $50,000 for two single family units as in the original application and three single family rental units in the targeted area and the remaining amount in the upper level which works really well due to the Downtown Rehab for Façade and the Life Safety grants. She stated the match is $125,000 for City and developers will have to match funds for 50% of what they are getting out of the grant. There being no further testimony, moved by Council Member Anderson, seconded by Council Member Legband to close the Public Hearing on the Comprehensive Revitalization 2015 grant application. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Eairleywine to approve Resolution No. 2015-176 approving Comprehensive Revitalization 2015 grant application. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Schaller to open the Public Hearing on CDBG Funds Project 13CR103 Comprehensive Revitalization project. Roll call vote: 8 ayes. Motion carried. Jean Kaup Van Iperen, Office Services Associate, stated this hearing is the second public hearing needed on the 13CR103 project. She stated this is the ADA ramps that have been put around town. The City received $322,200 CDBG funds with $302,200 of the funds allocated for improvements and $20,000 for general administration for the project. She further stated that to date all of the concrete has been laid with staff waiting to do final inspections after looking for settling and grass sprouting to restore the property back to original condition. As soon as this is signed off on, we will be closing the grant she stated. There being no further testimony, moved by Council Member Legband, seconded by Council Member Schaller to close the Public Hearing on CDBG Funds Project 13CR103 Comprehensive Revitalization project. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Legband to amend the agenda wording for Public Hearing for MJF Holdings, LLC and J&R Concrete and Construction, LLC request for zoning change from GI General Industrial to GC General Commercial at 1520 Railroad Street by replacing GC with LI Limited Industrial. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Eairleywine to open the Public Hearing for MJF Holdings, LLC and J&R Concrete and Construction, LLC request for zoning change from GI General Industrial to LI Limited Industrial at 1520 Railroad Street. Roll call vote: 8 ayes. Motion carried. There being no testimony, moved by Council Member Bixby, seconded by Council Member Anderson to close the Public Hearing for MJF Holdings, LLC and J&R Concrete and Construction, LLC request for zoning change from GI General Industrial to LI Limited Industrial at 1520 Railroad Street. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Legband to amend the agenda wording for Ordinance approving zoning change from GI General Industrial to GC General Commercial at 1520 Railroad Street for MJF Holdings, LLC and J&R Concrete and Construction, LLC by replacing GC with LI Limited Industrial. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Eairleywine to introduce an Ordinance approving zoning change from GI General Industrial to LI Limited Industrial for MJF Holdings, LLC and J&R Concrete and Construction, LLC at 1520 Railroad Street. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the first reading, by title only, of the Ordinance. The second reading will be at the next regular Council meeting. Moved by Council Member Johnson, seconded by Council Member Schaller to continue to October 27, 2015 Council meeting the Public Hearing for John Schlumberger, on behalf of Robert Schlumberger request for approval of zoning change from AG Agricultural to LI Limited Industrial at 4130 Luther Road. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Legband to continue to October 27, 2015 Council meeting the Ordinance approving zoning change from AG Agricultural to LI Limited Industrial at 4130 Luther Road for Robert Schlumberger. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Anderson, seconded by Council Member Eairleywine to approve the consent agenda. Roll call vote: 8 ayes. Motion carried.  Dispense with and approve September 8, 2015 minutes  September 9 – 29, 2015 claims  Balance Sheet by Fund and Statements of Revenues & Expenditures for August 2015   Cement work application of Jonathan Neuvirth and Distinctive Landscape and Concrete Construction  Resignation of Jan Therien from Library Board  Resolution No. 2015-177 assessing nuisance lien against East 86’ West 221’ Lot 5 Northside 2nd Addition (210 West 23rd – owner: Maple Holdings LLC)  Resolution No. 2015-178 assessing nuisance lien against Lot 5, Block 6, Empire City Subdivision (270 Columbus – owner: Joseph Peters)  Resolution No. 2015-179 assessing nuisance lien against East 18.5’ Lot 5, West 28’ Lot 6, south 60’ Lot 3, Block 10 Bakers Addition (740 West Military – owner: Ronald and Darla Stewart)  Receive and file reports from Keep Fremont Beautiful as required by service agreement  Resolution No. 2015-180 approving Nebraska Affordable Housing Trust Fund grant 15- TFHO-15038  Resolution No. 2015-181 to consume alcohol on City property  Resolution No. 2015-182 approving service agreement with Keep Fremont Beautiful  Resignation of Mike Emanuel from the Planning Commission  Appointment of John Brady and John Gieselman Jr as Police Sargeants  Resolution No. 2015-183 awarding bid in the amount of $1,361,900.63 to M.E. Collins Construction Company for First Street, Luther to Johnson Road project  Resolution No. 2015-184 approving Right of Entry agreement with US Army Corps of Engineers to allow testing and investigation of ground on City owned land for Levee project  Increase Long Term Disability limits from $3,300 to $6,000 per month for plan year beginning October 1, 2105 for employees  Resignation of Cathy Casey from Board of Adjustment Moved by Council Member Bixby, seconded by Council Member Kuhns to continue to October 13, 2015 Council meeting the contract with Terracon Consultants, Inc. for soils testing for the West 6th Street Project Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the third reading, by title only, of an Ordinance creating Sanitary Sewer District alley between 17th and 16th Streets, between Main Street and Park Avenue. Roll call vote: 8 ayes. Ordinance No. 5348 passed. The Deputy City Clerk gave the second reading, by title only, of an Ordinance amending Electric rates. The third reading will be at the next regular Council meeting. The Deputy City Clerk gave the second reading, by title only, of an Ordinance amending Natural Gas rates. The third reading will be at the next regular Council meeting. The Deputy City Clerk gave the second reading, by title only, of an Ordinance amending Water rates. The third reading will be at the next regular Council meeting. The Deputy City Clerk gave the second reading, by title only, of an Ordinance amending Sanitary Sewer rates. The third reading will be at the next regular Council meeting. Moved by Council Member Kuhns, seconded by Council Member Schaller to approve Resolution No. 2015-185 to approve final acceptance of Alley Paving Project from 5th to 6th Streets between Logan and Platte and final pay application. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Anderson to approve Resolution No. 2015-186 amending the YMCA Aquatic Center/Memorial Park purchase and development agreement by extending the construction start date. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Schaller, seconded by Council Member Landholm to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:37 p.m. I, Lynne McIntosh, the undersigned D e p u t y 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. Lynne McIntosh, CMC, Deputy City Clerk