City Council

City of Fremont, Nebraska, is inviting you to a Zoom webinar. When: August 31, 2020 7:00 PM Central Time (US and Canada) Topic: August 31, 2020 Special City Council Meeting ZOOM Meeting Information View Video Tutorials: https://support.zoom.us/hc/en-us/articles/201362193-How-Do-I-Join-A-Meeting- Please click the link below to join the webinar: https://zoom.us/j/91896711388 Webinar ID: 918 9671 1388 Or iPhone one-tap : US: +13462487799,,99094476640# or +16699009128,,99094476640# Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 669 900 9128 +1 346 248 7799 +1 301 715 8592 +1 312 626 6799 +1 646 558 8656 +1 253 215 8782 Webinar ID: 918 9671 1388 International numbers available: https://zoom.us/u/ac3jsnwxkH Please note: Zoom requires a name and an email address to participate via computer, tablet or smartphone. Please enter your first name and enter attendee@fremontne.gov as your email address. If you participate by telephone, no identification is required. To request to make a comment during a public hearing or public comment period, please press *9 to electronically raise your hand allowing the Mayor to call on you. Once called upon you will be notified that you are unmuted. Press *6 to unmute your phone and press *6 to mute your phone when you are finished speaking, or wait to be muted by the host.  SPECIAL CITY COUNCIL MEETING August 31, 2020 City Council Chambers 400 East Military, Fremont NE SPECIAL MEETING – 7:00 P.M. AMENDED AGENDA SPECIAL MEETING: 1. Meeting called to order 2. Roll call 3. Motion to waive City Council Agenda Policy Resolution 2019-209 for this August 31, 2020 Special City Council Meeting 4. Motion to reconsider Resolution 2020-174 5. Resolution 2020-174 approving ballot language for General Election question to issue negotiable bonds in the principal amount not to exceed Ten Million Three Hundred and Seventeen Dollars ($10,317,000) for the purpose of constructing a Joint Law Enforcement Center 6. Council Member Yerger item - Resolution 2020-176 approving amended ballot language for General Election question to issue negotiable bonds in the principal amount not to exceed Ten Million Three Hundred and Seventeen Dollars ($10,317,000) for the purpose of constructing a Joint Law Enforcement Center 7. Adjournment Agenda posted at the Municipal Building on August 26, 2020 and online at www.fremontne.gov. Agenda distributed to the Mayor and City Council on August 26, 2020. This meeting is preceded by publicized notice in the Fremont Tribune and the agenda, including notice of study session, is displayed in the Municipal Building and is open to the public The official current copy is available at City Hall, 400 East Military, City Clerk’s Office during normal business hours. The City Council reserves the right to go into Executive Session at any time. A copy of the Open Meeting Law is posted in the City Council Chambers for review by the public. The City of Fremont reserves the right to adjust the order of items on this agenda. §2-109 Audience / Participant; Rules of Conduct. The following rules are established for audience members and participants at a Council meeting: 1. At the discretion of the presiding officer, any person may address the Council, on any agenda item; however, questions to City officials or staff, other speakers, or members of the audience are not permitted and will not be answered. 2. Any person wishing to address the Council shall first state their name and address 3. Remarks shall be limited to five minutes unless extended or limited by the Presiding Officer or majority vote of the Council. 4. No person will be permitted to address the Council more than once during discussion of a particular agenda item. Rebuttal comments are not permitted. 5. Repetitive or cumulative remarks may be limited or excluded by the Presiding Officer or majority vote of the Council. 6. Profanity or raised voice is not permitted. 7. Applause, booing, or other indications of support or displeasure with a speaker are not permitted. 8. Any person violating these rules may be removed from the Council Chambers. The following additional rules are established and applicable for public participants at an Open Public Comment Period or Study Session meeting: 9. At the direction of the presiding officer, Open Public Comment Period Speaker Topics will be limited to those not covered by a published agenda for any Study Session, or any regular City Council meeting. 10. A priority to speak at Open Public Comment Periods and Study Session shall be given to those speakers who reside within the City limits, or within the ETJ (Extra-Territorial Jurisdiction – a two (2) mile radius of the City limits) of Fremont, and then, as time allows, to those who do not. 11. Member of the public wishing to speak at a Study Session will be required to limit their comments to those that are directly related to the Publically Noticed Study Session agenda topic(s). 12. Written letters addressed to the City Council will be accepted, as will comment cards that will be made available and collected from those who attend Open Public Comment Period and Study Session meetings who do not wish to speak publically, but have an issue or concern that they believe the Council should be made aware of.  STAFF REPORT TO: Honorable Mayor and City Council FROM: Shane Wimer, Assistant City Administrator DATE: August 29, 2020 SUBJECT: General Election ballot question – Construction of Joint Law Enforcement Center Recommendation: Move to approve Resolution 2020-174 approving ballot language for General Election question to issue negotiable bonds in the principal amount not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00) for the purpose of constructing a Joint Law Enforcement Center. Background: On July 28, 2020 the City Council approved Resolution 2020-151 to proceed with additional professional architectural services in construction design and administration for the Joint Law Enforcement Center Project. This step allowed for a more accurate understanding of the design and cost of the project, so the public can make an informed decision at the ballot box on November 3, 2020. City staff worked with legal counsel at Baird Holm, LLC. to develop the ballot language. The total cost of the project is estimated to be $18,100,000, of which the City’s portion is 57% or $10,317,000. Dodge County will also be asking voters in November to approve issuing bonds for their portion of the project ($7,783,000.00) too. In addition to ballot language, the Resolution provides approval of the public notice and directs the City Clerk to certify the ballot language to the County Clerk (Election Commissioner) who will provide additional public notice and place the item on the ballot. Fiscal Impact: The cost has been discussed with the County Clerk. At the primary election in 2018, three ballot questions cost the City approximately $16,000. The cost for this year’s general election is expected to be a similar cost.  RESOLUTION 2020-174 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FREMONT, NEBRASKA, AS FOLLOWS: Section 1. That the Mayor and City Council of the City of Fremont, Nebraska place before the qualified electors of the City of Fremont at the General Election to be held on November 3, 2020, at which election there shall be submitted for their approval or rejection the following proposition to-wit: “Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00) for the purpose of construction of a Joint Law Enforcement Center on land owned by the City of Fremont and Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council”; and “Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?” FOR said bonds and tax. AGAINST said bonds and tax. Section 2. The City Clerk shall cause notice of said election to be published in the Fremont Tribune, a legal newspaper published and of general circulation in said City for three successive weeks prior to the date of said election (4 consecutive weekly publications immediately preceding the date set for said election). The City Clerk shall also cause a copy of the official ballot to be published once in said paper not more 10 days nor less than 3 days prior to the date of said election. The notice calling the election shall be in substantially the following form:  NOTICE OF ELECTION CITY OF FREMONT DODGE COUNTY, NEBRASKA PUBLIC NOTICE IS HEREBY GIVEN that pursuant to a resolution passed by the Mayor and Council of the City of Fremont, Nebraska, an election has been called and will be held in said City, on the 3rd day of November, 2020, to be held in conjunction with the statewide general election, at which the following question will be submitted to the qualified electors of the City for their approval or rejection: “Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00 ) for the purpose of construction of a Joint Law Enforcement Center on land owned by the City of Fremont and Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council”; and “Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?” FOR said bonds and tax. AGAINST said bonds and tax. Voters desiring to vote in favor of the question shall blacken the oval preceding the words “FOR said bonds and tax” and voters desiring to vote against the question shall blacken the oval preceding the words “AGAINST said bonds and tax”. The polls will be open at 8 o’clock A.M. and will continue open until 8 o’clock P.M. on the same day, and the voting places shall be the same voting places as are set for the statewide general election within said City. The voting places are accessible to individuals with physical mobility limitations. Early voters’ ballots and supplies can be obtained at the office of the County Clerk (Election Commissioner) as provided by law. City Clerk (SEAL) NOTE TO COUNTY CLERK/ELECTION COMMISSIONER: PUBLISH no less than 42 days prior to election: September 22, 2020 NOTE TO CITY: Publish weekly as follows: October 6, 2020, October 13, 2020, October 20, 2020 and October 27, 2020.  Section 3. The City Clerk is hereby instructed to certify a copy of this resolution containing the proposition to the County Clerk (Election Commissioner) by September 1, 2020, and the County Clerk (Election Commissioner) is requested to submit the proposition at the election to be held on November 3, 2020. As required by Chapter 32, R.R.S. Neb. 2008, the County Clerk/Election Commissioner shall provide for publication of the Notice of Election in a newspaper designated by the County Clerk/Election Commissioner no later than forty-two days prior to the day of said election and such notice shall be posted in the office of the County Clerk/Election Commissioner no later than forty-two days prior to such date of election. Section 4. The County Clerk (Election Commissioner) shall prepare the ballots and issue early voters’ ballots and appoint the election officials conducting the election and shall also conduct the submission of the municipal matter or issue, including the receiving and counting of the ballots on the municipal matter or issue. The election returns shall be made to the County Clerk (Election Commissioner). The municipal ballots, including early voters’ ballots, shall be counted and canvassed at the time and in the same manner as other ballots counted and canvassed. Upon completion of the canvass of the vote by the County canvassing board the County Clerk shall certify the election results to the governing body of the City. PASSED AND APPROVED this day of , 2020. Mayor ATTEST: City Clerk (SEAL)  SAMPLE BALLOT OFFICIAL MUNICIPAL BALLOT CITY OF FREMONT, NEBRASKA TUESDAY, November 3, 2020 “Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00) for the purpose of construction of a Joint Law Enforcement Center on land owned by the City of Fremont and Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council”; and “Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?” FOR said bonds and tax. AGAINST said bonds and tax. NOTE: PUBLISH immediately before election: Between October 24, 2020, and October 31, 2020 DOCS/2018750.2  RESOLUTION 2020- XXX BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FREMONT, NEBRASKA, AS FOLLOWS: Section 1. That the Mayor and City Council of the City of Fremont, Nebraska place before the qualified electors of the City of Fremont at the General Election to be held on November 3, 2020, at which election there shall be submitted for their approval or rejection the following proposition to-wit: "Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00) for the purpose of construction of its portion of an estimated $18,100,000a Joint Law Enforcement Center on property located at 29 th and Lincoln Ave.,land which is owned jointly owned by the City of Fremont Fremont withand Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council"; and "Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?" FOR said bonds and tax. AGAINST said bonds and tax. Section 2. The City Clerk shall cause notice of said election to be published in the Fremont Tribune, a legal newspaper published and of general circulation in said City for three successive weeks prior to the date of said election (4 consecutive weekly publications immediately preceding the date set for said election). The City Clerk shall also cause a copy of the official ballot to be published once in said paper not more 10 days nor less than 3 days prior to the date of said election. The notice calling the election shall be in substantially the following form:  NOTICE OF ELECTION CITY OF FREMONT DODGE COUNTY, NEBRASKA PUBLIC NOTICE IS HEREBY GIVEN that pursuant to a resolution passed by the Mayor and Council of the City of Fremont, Nebraska, an election has been called and will be held in said City, on the 3rd day of November, 2020, to be held in conjunction with the statewide general election, at which the following question will be submitted to the qualified electors of the City for their approval or rejection: "Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00 ) for the purpose of construction of its portion of an estimated $18,100,000 a Jointa Joint Law Enforcement Center on property located at 29th and Lincoln Ave., which island jointly owned by the City of Fremont withand Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council"; and "Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?" FOR said bonds and tax. AGAINST said bonds and tax. Voters desiring to vote in favor of the question shall blacken the oval preceding the words "FOR said bonds and tax" and voters desiring to vote against the question shall blacken the oval preceding the words "AGAINST said bonds and tax". The polls will be open at 8 o'clock A.M. and will continue open until 8 o'clock P.M. on the same day, and the voting places shall be the same voting places as are set for the statewide general election within said City. The voting places are accessible to individuals with physical mobility limitations. Early voters' ballots and supplies can be obtained at the office of the County Clerk (Election Commissioner) as provided by law. ` _____________________________ City Clerk (S E A L) NOTE TO COUNTY CLERK/ELECTION COMMISSIONER: PUBLISH no less than 42 days prior to election: September 22, 2020 NOTE TO CITY: Publish weekly as follows: October 6, 2020, October 13, 2020, October 20, 2020 and October 27, 2020.  Section 3. The City Clerk is hereby instructed to certify a copy of this resolution containing the proposition to the County Clerk (Election Commissioner) by September 1, 2020, and the County Clerk (Election Commissioner) is requested to submit the proposition at the election to be held on November 3, 2020. As required by Chapter 32, R.R.S. Neb. 2008, the County Clerk/Election Commissioner shall provide for publication of the Notice of Election in a newspaper designated by the County Clerk/Election Commissioner no later than forty-two days prior to the day of said election and such notice shall be posted in the office of the County Clerk/Election Commissioner no later than forty-two days prior to such date of election. Section 4. The County Clerk (Election Commissioner) shall prepare the ballots and issue early voters' ballots and appoint the election officials conducting the election and shall also conduct the submission of the municipal matter or issue, including the receiving and counting of the ballots on the municipal matter or issue. The election returns shall be made to the County Clerk (Election Commissioner). The municipal ballots, including early voters' ballots, shall be counted and canvassed at the time and in the same manner as other ballots counted and canvassed. Upon completion of the canvass of the vote by the County canvassing board the County Clerk shall certify the election results to the governing body of the City. PASSED AND APPROVED this __ day of ___________ , 2020. __________________________________ Mayor ATIEST: City Clerk (S E A L)  SAMPLE BALLOT OFFICIAL MUNICIPAL BALLOT CITY OF FREMONT, NEBRASKA TUESDAY, November 3, 2020 "Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00) for the purpose of construction of its portion of an estimated $18,100,000a Joint Law Enforcement Center on property located at 29th and Lincoln Ave., which island jointly owned by the City of Fremont withand Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council"; and "Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?" FOR said bonds and tax. AGAINST said bonds and tax. NOTE: PUBLISH immediately before election: Between October 24, 2020, and October 31, 2020 DOCSj2018750.2  RESOLUTION 2020- XXX BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF FREMONT, NEBRASKA, AS FOLLOWS: Section 1. That the Mayor and City Council of the City of Fremont, Nebraska place before the qualified electors of the City of Fremont at the General Election to be held on November 3, 2020, at which election there shall be submitted for their approval or rejection the following proposition to-wit: "Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00) for the purpose of construction of its portion of an estimated $18,100,000 Joint Law Enforcement Center on property located at 29th and Lincoln Ave., which is jointly owned by the City of Fremont with Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council"; and "Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?" FOR said bonds and tax. AGAINST said bonds and tax. Section 2. The City Clerk shall cause notice of said election to be published in the Fremont Tribune, a legal newspaper published and of general circulation in said City for three successive weeks prior to the date of said election (4 consecutive weekly publications immediately preceding the date set for said election). The City Clerk shall also cause a copy of the official ballot to be published once in said paper not more 10 days nor less than 3 days prior to the date of said election. The notice calling the election shall be in substantially the following form:  NOTICE OF ELECTION CITY OF FREMONT DODGE COUNTY, NEBRASKA PUBLIC NOTICE IS HEREBY GIVEN that pursuant to a resolution passed by the Mayor and Council of the City of Fremont, Nebraska, an election has been called and will be held in said City, on the 3rd day of November, 2020, to be held in conjunction with the statewide general election, at which the following question will be submitted to the qualified electors of the City for their approval or rejection: "Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00 ) for the purpose of construction of its portion of an estimated $18,100,000 a Joint Law Enforcement Center on property located at 29th and Lincoln Ave., which is jointly owned by the City of Fremont with Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council"; and "Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?" FOR said bonds and tax. AGAINST said bonds and tax. Voters desiring to vote in favor of the question shall blacken the oval preceding the words "FOR said bonds and tax" and voters desiring to vote against the question shall blacken the oval preceding the words "AGAINST said bonds and tax". The polls will be open at 8 o'clock A.M. and will continue open until 8 o'clock P.M. on the same day, and the voting places shall be the same voting places as are set for the statewide general election within said City. The voting places are accessible to individuals with physical mobility limitations. Early voters' ballots and supplies can be obtained at the office of the County Clerk (Election Commissioner) as provided by law. ` _____________________________ City Clerk (S E A L) NOTE TO COUNTY CLERK/ELECTION COMMISSIONER: PUBLISH no less than 42 days prior to election: September 22, 2020 NOTE TO CITY: Publish weekly as follows: October 6, 2020, October 13, 2020, October 20, 2020 and October 27, 2020.  Section 3. The City Clerk is hereby instructed to certify a copy of this resolution containing the proposition to the County Clerk (Election Commissioner) by September 1, 2020, and the County Clerk (Election Commissioner) is requested to submit the proposition at the election to be held on November 3, 2020. As required by Chapter 32, R.R.S. Neb. 2008, the County Clerk/Election Commissioner shall provide for publication of the Notice of Election in a newspaper designated by the County Clerk/Election Commissioner no later than forty-two days prior to the day of said election and such notice shall be posted in the office of the County Clerk/Election Commissioner no later than forty-two days prior to such date of election. Section 4. The County Clerk (Election Commissioner) shall prepare the ballots and issue early voters' ballots and appoint the election officials conducting the election and shall also conduct the submission of the municipal matter or issue, including the receiving and counting of the ballots on the municipal matter or issue. The election returns shall be made to the County Clerk (Election Commissioner). The municipal ballots, including early voters' ballots, shall be counted and canvassed at the time and in the same manner as other ballots counted and canvassed. Upon completion of the canvass of the vote by the County canvassing board the County Clerk shall certify the election results to the governing body of the City. PASSED AND APPROVED this __ day of ___________ , 2020. __________________________________ Mayor ATIEST: City Clerk (S E A L)  SAMPLE BALLOT OFFICIAL MUNICIPAL BALLOT CITY OF FREMONT, NEBRASKA TUESDAY, November 3, 2020 "Shall the City of Fremont, Nebraska, issue its negotiable bonds in the principal amount of not to exceed Ten Million Three Hundred and Seventeen Thousand Dollars ($10,317,000.00) for the purpose of construction of its portion of an estimated $18,100,000 Joint Law Enforcement Center on property located at 29th and Lincoln Ave., which is jointly owned by the City of Fremont with Dodge County; said bonds to be dated and become due and payable, both principal and interest, on such date or dates as may be fixed by the Mayor and Council of the City at the time of their issuance and to bear interest at such rate or rates as shall be determined by the Mayor and Council"; and "Shall the City cause to be levied and collected annually a special levy of taxes on the taxable value of all the taxable property in the City sufficient to pay the principal of and interest on said bonds as such principal and interest become due?" FOR said bonds and tax. AGAINST said bonds and tax. NOTE: PUBLISH immediately before election: Between October 24, 2020, and October 31, 2020 DOCSj2018750.2