City Council

COMMUNITY DEVELOPMENT AGENCY MEETING December 29, 2015 7:00 p.m. After the Pledge of Allegiance and study session, the Chair 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 Members Johnson, Legband, Landholm, Schaller, Bixby, Kuhns, and Anderson present. Roll call showed Member Eairleywine absent. 7 Members present. Moved by Member Kuhns seconded by Member Johnson to open public hearing on amendment to the redevelopment plan for the Fountain Springs Estates Housing Redevelopment Project. Roll call vote: 7 ayes. Motion carried. Heather Carver with Cline Williams spoke on the project. Ms. Carver outlined the proposed project with the amendment. Moved by Member Schaller seconded by Member Legband to close the public hearing. Roll Call Vote. Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Member Bixby seconded by Member Legband to approve the Fountain Springs Estates Housing Redevelopment Project Resolution. Roll Call Vote. Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Member Kuhns seconded by Member Anderson to adjourn the meeting. Roll Call Vote. Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Meeting adjourned at 7:08 p.m. I, Tyler Ficken, the undersigned Secretary , hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Chair and Agency; 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 Secretary; 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. Tyler Ficken, Secretary CITY COUNCIL MEETING December 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, Landholm, Schaller, Bixby, Kuhns, and Anderson present. Roll call showed Council Member Eairleywine absent. 7 Council Members present. Moved by Council Member Schaller seconded by Council Member Landholm to open public hearing on amendment to the redevelopment plan for the Fountain Springs Estates Housing Redevelopment Project. Roll call vote: 7 ayes. Motion carried. Moved by Member Anderson seconded by Member Legband to close the public hearing. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Legband seconded by Council Member Kuhns to approve the Fountain Springs Estates Housing Redevelopment Project Resolution. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Johnson seconded by Council Member Landholm to open public hearing to approve new Liquor License Application of Silver Dollar Lounge. Roll call vote: 7 ayes. Motion carried. Moved by Member Kuhns seconded by Member Legband to close the public hearing. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Kuhns seconded by Council Member Legband to approve the Liquor License Manager Application of Silver Dollar Lounge. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Schaller seconded by Council Member Landholm to open public hearing to approve Liquor License Manager Application of Walgreens. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Member Kuhns seconded by Member Legband to close the public hearing. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Anderson seconded by Council Member Schaller to approve amendment to the resolution to select approval of the identified new liquor license manager application. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Schaller seconded by Council Member Legband to approve new Liquor License Manager Application of Walgreens as amended. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Bixby seconded by Council Member Kuhns to open public hearing to approve new Liquor License Manager Application of Doe’s. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Member Legband seconded by Member Johnson to close the public hearing. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Kuhns seconded by Council Member Legband to approve amendment to the resolution to select approval of the identified new liquor license manager application. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Schaller seconded by Council Member Legband to approve new Liquor License Manager Application of Doe’s as amended. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Anderson seconded by Council Member Bixby to open public hearing to consider approval of a Conditional Use Permit for Auto Sales at 2246 N. Broad St. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Debbie Reynolds of 1420 N. Hancock spoke on the item. Troy Anderson responded to questions from the Council. Moved by Member Anderson seconded by Member Legband to close the public hearing. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Schaller seconded by Council Member Legband to deny the Conditional Use Permit for Auto Sales at 2246 N. Broad St. Roll Call Vote. Council Members Schaller, Landholm, Johnson and Anderson voting Aye. Council Members Legband, Kuhns and Bixby voting Nay. 4 Ayes. Motion carried. Moved by Council Member Schaller seconded by Council Member Johnson to approve items 14 through 29 of the consent agenda. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried.  Dispensed with and approve December 8, 2015 minutes  Approved December 9 - 29, 2015 claims  Resolution 2015-236 levying a special tax and assessment against 22nd and Irving to pay the costs of weed and debris removal.  Resolution 2015-237 approving special designated liquor license, St. Patrick’s Church, 431 N. Union, June 25, 2016, reception  Resolution 2015-238 approving Airport Capital Improvement Plan  Resolution 2015-239 authorizing the Mayor to execute Tree City USA application for Certification  Resolution 2015-240 approving the Housing Rehabilitation Program Guidelines for the 15-TFHO 15038 grant  Tort claim of Erica Green  Resolution 2015-241 accepting Police Department camera grant  Resolution 2015-243 authorizing the Library Card program  Resolution 2015-244 authorizing acceptance of Grant for Youth Excellence Pre- literacy toys   Resolution 2015-245 waiving water connection fees for Fountain Springs Estates Subdivision Lot #1  Resolution 2015-246 amending rates at Transfer Station  Resolution 2015-247 receiving Building Department Report  Resolution 2015-248 for Fire billing authorization  Resolution 2015-249 approving request to consume alcohol on City Property, Fremont Health, January 9, 2016, Christensen Field, Employee Recognition Celebration Moved by Council Member Kuhns seconded by Council Member Johnson approving Resolution 2015-250 and an agreement with Mango Languages making available “Little Pim” an online language teaching service. Laura with the Keene Memorial Library responded to Council questions. Roll Call Vote. Council Members Kuhns, Legband, Landholm, Anderson, Johnson, and Bixby voting Aye. Council Member Schaller voting Nay. 6 Ayes. Motion carried. Moved by Council Member Schaller seconded by Council Member Bixby approving Resolution No. 2015-251 approving post prom fee waiver. Roll Call Vote. Council Members Kuhns, Legband, Landholm, Anderson, Schaller and Bixby voting Aye. Council Member Johnson voting Nay. 6 Ayes. Motion Carried. Moved by Council Member Bixby seconded by Council Member Legband approving Change Order Number 2 West 6th Street Reconstruction. Roll Call Vote. Council Members Kuhns, Legband, Landholm, Anderson, Johnson and Bixby voting Aye. Council Member Schaller voting Nay. 6 Ayes. Motion Carried. The City Clerk gave the third reading, by title only, of an 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. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Anderson and Bixby voting Aye. Council Member Schaller voting Nay. 6 Ayes. Ordinance No. 5356 passed. Moved by Council Member Bixby seconded by Council Member Johnson to amend the agreement to include language on the SAVE program. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 Ayes. Motion carried. Moved by Council Member Schaller and seconded by Council Member Kuhns to approve Agreement for Legal Services with Kris Kobach for Illegal Immigration Ordinance No. 5165 as amended. Roll Call Vote. Council Members Legband, Landholm, Johnson, Kuhns, Schaller, Anderson and Bixby voting Aye. 7 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: 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: 8:45 p.m. Moved by Council Member Anderson, seconded by Council Member Kuhns to come out of executive session. Roll call vote: 7 ayes. Motion carried. Time out: 9:00 p.m. Moved by Council Member Legband seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 9:03 p.m. I, Tyler Ficken, 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. Tyler Ficken, City Clerk