City Council

CITY COUNCIL MEETING November 24, 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, Landholm, Schaller, Bixby, Kuhns and Eairleywine present, Anderson absent – 7 present, 1 absent. Moved by Council Member Kuhns seconded by Council Member Legband to approve items 4 through 20 and item 22 of the consent agenda. Roll call vote: 7 ayes. Motion carried.  Dispensed with and approve November 10, 2015 minutes  Approved November 11 - 24, 2015 claims  Received Balance Sheet by Fund and Statement of Revenues & Expenditures for September 2015  Approved Cement work/asphalt/excavate license application of Thompson Construction, Inc and Kelly G. Thompson  Resolution 2015-225 approving new Liquor License Application of Wine Experience, LLC.  Resolution 2015-212 allowing Fire Department to accept grant fund award from American Heart Association Mission Lifeline Nebraska for life saving equipment  Resolution 2015-213 approving request to consume alcohol on City property, Erika DelaSancha, Christensen Field, October 15, 2016, Quinceanera  Resolution 2015-214 approving Parks and Recreations new facility rates  Resolution 2015-215 accepting the completed City Auditorium needs assessment and renovation study  Resolution 2015-216 for Final Acceptance and approval of final payment for the Lincoln Avenue Box Culvert Project.  Resolution 2015-217 authorizing Chief Elected Official to sign the Housing Administration Contract and Subrecipient Agreement between the City of Fremont and the Northeast Nebraska Economic Development District (NENEDD) for the Nebraska Affordable Housing Trust Fund (NAHTF) project #15-TFHO-15038 Owner Occupied Rehabilitation.  Resolution 2015-218 approving request of Apex Land Surveying, LLC, on behalf of YMCA, owner of approximately 133.7 acres located at 3501 W Hwy 30, for a Final Plat to be known as YMCA Camp Subdivision, Dodge County, Nebraska  Resolution 2015-219 approving request of Apex Land Surveying, LLC, on behalf of International Spices, LTD, owner of approximately 10.0 acres located at 1040 Lucius Rd., for a Final Plat to be known as a Replat of Lots 1 & 2, Hochstein Subdivision, Dodge County, Nebraska  Resolution 2015-220 approving request of Dodd Engineering & Surveying, LLC, on behalf of Thomas and Evelyn McKnight, owners of approximately 0.7 acres located at 415 E 23rd St., for a Final Plat to be known as McKnight Medical Subdivision, Dodge County, Nebraska  Resolution 2015-221 approving request of Dodd Engineering & Surveying, LLC, on behalf of Logger Investments, LLC, owner of approximately 13.3 acres located at 714 S Main St., for a Final Plat to be known as Logger Subdivision, Dodge County, Nebraska  Resolution 2015-222 authorizing execution of Intergovernmental Agreement with Nebraska Department of Environmental Quality (NDEQ) for Storm Water Management  Consider outside City limits water connection and plastic pipe variance request for 2601 Christensen Rd   Resolution 2015-223 levying a special tax and assessment against 437 West 4th to pay the costs of weed and debris removal Moved by Council Member Eairleywine, seconded by Council Member Legband to approve appointment of Tyler Ficken as new City Clerk effective December 14, 2015. Roll Call Vote. 7 ayes. Motion Carried. Moved by Council Member Schaller, seconded by Council Member Kuhns to approve Resolution No. 2015-224 accepting airport terrorism insurance. Roll Call Vote. 7 ayes. Motion Carried. The City Clerk gave the second reading, by title only, of the Ordinance amending Chapter 9 of the Fremont Municipal Code pertaining to Building and Property Maintenance Regulations including General Contractor registration and Subcontractor licensing and examination regulations. Moved by Council Member Bixby, seconded by Council Member Landholm to amend the language of the Ordinance and postpone the third reading until December 29, 2015 so discussions may continue at the December 8, 2015 Meeting pertaining to amending Chapter 9 of the Fremont Municipal Code pertaining to Building and Property Maintenance Regulations including General Contractor registration and Subcontractor licensing and examination regulations. Roll call vote: 7 ayes. Motion carried. The third reading will be on December 29, 2015 The City Clerk gave the third reading by title only of an Ordinance to approve a request of John Schlumberger on behalf of Robert Schlumberger to rezone approximately 50.0 acres located at 4130 Luther Rd. for from AG Agricultural to LI Limited Industrial. Roll call vote: 3 ayes, 4 nay, Council Members Eairleywine, Landholm, Johnson and Schaller each voting nay. Motion failed. Moved by Council Member Bixby, seconded by Council Member Kuhns to postpone the third reading until staff is ready and no date certain pertaining to the third reading of an Ordinance to approve a request of Interstate Commodities, Inc., on behalf of Frontier Cooperative, owner of approximately 12.0 acres located at 549 E. Co. Rd. to rezone from AG Agricultural to GI General Industrial. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the third reading by title only of an Ordinance to approve a request of Apex Land Surveying, LLC, on behalf of Rodger & Debra Menn, owners of approximately 8.0 acres located at 361 W. Co. Rd. T, to rezone from AG Agricultural to LI Limited Industrial. Before the vote, it was Moved by Council Member Legband, seconded by Council Member Bixby to postpone the third reading until staff is ready and no date certain pertaining to the third reading of an Ordinance to approve a request of Apex Land Surveying, LLC, on behalf of Rodger & Debra Menn, owners of approximately 8.0 acres located at 361 W. Co. Rd. T, to rezone from AG Agricultural to LI Limited Industrial. Roll call vote: 4 ayes, Council Members Johnson, Landholm and Schaller voting 3 Nay. Motion carried. Because the City Clerk had given the third reading by title only of an Ordinance to approve a request of Apex Land Surveying, LLC, on behalf of Rodger & Debra Menn, owners of approximately 8.0 acres located at 361 W. Co. Rd. T, to rezone from AG Agricultural to LI Limited Industrial a Roll call vote was had on the third reading of the Ordinance. Roll call vote: 1 ayes, 6 nay, Council Members Eairleywine, Landholm, Johnson, Kuhns, Bixby and Schaller each voting nay. Motion failed Moved by Council Member Bixby, seconded by Council Member Johnson to amend the Ordinance to approve a recommendation for approval of a boundary line adjustment, removing all lots and tracts in Saunders County from the City’s extraterritorial jurisdiction and for an effective date of January 1, 2016. 7 ayes. Motion carried The City Clerk gave the third reading by title only of Ordinance 5354 to approve a recommendation for approval of a boundary line adjustment removing all lots and tracts in Saunders County from the City’s extraterritorial jurisdiction and for an effective date of January 1, 2016. 7 ayes. Motion carried. Moved by Council Member Legband, seconded by Council Member Eairleywine to approve Resolution No. 2015-226 authorizing continuation of Sewer District SD-703-15. Roll Call Vote. 7 ayes. Motion Carried. Moved by Council Member Johnson, seconded by Council Member Eairleywine 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: 7 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: 8:26 p.m. Moved by Council Member Johnson, seconded by Council Member Kuhns to come out of executive session. Roll call vote: 7 ayes. Motion carried. Time out: 8:43 p.m. Moved by Council Member Schaller seconded by Council Member Kuhns to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 8:45 p.m. I, Robin White, 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. Robin White, Interim City Clerk