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City Council Meeting

August 29, 2006

7:00 P.M.

 

Scout Troop 103 lead the Pledge of Allegiance and the meeting was called to order by Mayor Edwards. Roll call vote showed Council Members Bolton, Lemons, Benson, S-Marsh, Schaller, Getzschman, Mruz and Warner present - 8 present, 0 absent.

 

The City Clerk read a notice that this meeting was preceded by publicized notice in the Fremont Tribune and Radio KHUB and the agenda, including notice of study session, displayed in the Municipal Building, Fremont Police Station and the Dodge County Courthouse and distributed to the Mayor and Council on August 25, 2006 and is open to the public.  The City Clerk also stated that a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas.  Moved by Council Member Lemons, seconded by Council Member Benson to approve the legality of the meeting.  Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Warner, seconded by Council Member S-Marsh to dispense with reading of the minutes of the August 8, 2006 council meeting and the special Council meeting of August 16, 2006 and approve of same. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member S-Marsh, seconded by Council Member Benson to open the public hearing on the budget for the 2006-2007 fiscal year.  The Mayor stated anyone could speak now, throughout the meeting or when the item came up on the agenda. Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Getzschman, seconded by Council Member Bolton to open the public hearing to set the final City tax rate for 2006-2007 fiscal year.  The Mayor stated anyone could speak now, throughout the meeting or when the item came up on the agenda. Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member Mruz to approve consumption of alcohol on City property as follows: Fremont Ducks Unlimited, City Auditorium, September 28, 2006 and Jose Largo, Moller Center, October 21, 2006.  Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared resolution No. 2006-152 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Warner, seconded by Council Member Schaller to approve the special designated permits as follows: Brian J Whisler, Whis’s End Zone, September 24, 2006; Jeffrey D. Rise, City Auditorium, September 28, 2006; Little Chief, Inc., City Auditorium, October 7, 2006; Little Chief, Inc., Christensen Field, October 12, 2006; Remedy Lounge LLC, The Remedy Lounge, October 13 & 14, 2006.  Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-153 approved.

 

Moved by Council Member Bolton, seconded by Council Member Lemons to approve the cement worker application of Michael Shenefield and Heartland Innovations Group Inc.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Benson, seconded by Council Member Bolton to approve the cement worker application of Curt Richey and Quality Home Repair.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member Warner, seconded by Council Member Getzschman to approve the intent to annex Tax Lot 82, part of 26-17-8.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-154 approved.

 

Moved by Council Member S-Marsh, seconded by Council Member Getzschman to approve the request of Dana and Traci Blankinship to amend the conditional use permit to change the location and the size of attached garage with a variance to side and front yard setbacks at 2447 South County Road 26.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk gave the first reading, by title only, of an ordinance approving the request of Getzschman Heating LLC to rezone part of Lot 2, Meierhenry Subdivision, part of the NE ¼ of 11-17-8, from LI to R4.  The second reading will be at the next regular Council meeting.   

 

The City Clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member Warner to approve the request of Getzschman Heating LLC to combine part of Lot 2, Meierhenry Subdivision, part of the NE ¼ of 11-17-8, into one lot.  Moved by Council Member Mruz, seconded by Council Member S-Marsh to allow Council Member Getzschman to abstain.  Roll call vote showed Council Member Getzschman abstaining, all other Council Members voting aye – 7 ayes, 1 abstaining.  Thereupon the Mayor declared the motion carried.   Roll call vote on the resolution showed Council Member Getzschman abstaining, all other Council Members voting aye – 7 ayes, 1 abstaining.  Thereupon the Mayor declared Resolution No. 2006-155 approved.  

 

Moved by Council Member S-Marsh, seconded by Council Member Bolton to continue to the September 12, 2006 Council meeting the request of Nebraska Irrigated Seeds, Inc. to subdivide part of the NE ¼ NE ¼ of 4-17-8 into two lots.  Council Member S-Marsh requested the continuance so that the Development and Improvements Committee could study the traffic implications at the intersection of Bell and 23rd Street.  Marlin Brabec, representing Nebraska Irrigated Seeds, Inc., urged the Council to not continue the request.  Director of Public Works Boschult stated the project could begin without the request coming back before the Council or without the subdivision of the property.  Roll call vote showed Council Member S-Marsh voting aye, all other  Council Members voting nay – 1 aye, 7 nays.  Thereupon the Mayor declared the motion failed.  The City Clerk read a resolution, by title only, offered by Council Member Mruz, seconded by Council Member Schaller to approve the request of Nebraska Irrigated Seeds, Inc. to subdivide part of the NE ¼ NE ¼ of 4-17-8 into two lots.  Roll call vote showed Council Member S-Marsh voting nay, all other Council Members voting aye – 7 ayes, 1 nay.  Thereupon the Mayor declared Resolution No. 2006-156 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member S-Marsh, seconded by Council Member Getzschman to approve the request of Whitetail Run, Inc. and Mid America District of the Christian and Missionary Alliance to subdivide part of the W ½ of 28-17-8 into three tracts.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-157 approved.

 

Moved by Council Member Getzschman, seconded by Council Member Schaller to approve the preliminary plat of Fountain Springs Neighborhood subject to the following Planning Commission stipulations:  Deleted paved emergency access trail along the south per TEC letter dated July, 2006; Provide location map or legal description of property so site can be identified; Provide legal descriptions of adjoining tracts on each adjoining tract; Include Lot 2 or Part Lot 2, Fountain Springs Addition, in legal description on Final Plat; Include legal method (distance, bearing, coordinates) to physically locate lots and easement on the ground on Final Plat; Provide legend for line types used for lot lines, easement lines, sewer mains, water mains and storm sewer; Provide proposed sewer, water and storm sewer main sizing; Provide dimension for indicated temporary turnaround.  Turnaround to accommodate fire truck and comply with City Subdivision minimum standards for cul-de-sac.  Indicate type of temporary surfacing; Provide proposed minimum building setbacks; Provide existing or proposed zoning; Provide existing flood zone as “AO-1’ depth” and future flood zone as “X”; Provide certification by Nebraska licensed land surveyor of existing highest adjacent elevation for each lot or grouping of lots; Provide elevation benchmark and datum used in elevation certification; Revise indicated “Flood Zone Elevation 1184-00”.  Highest adjacent existing grade in both Phase I and Phase II appears to be between 1185-00 and 1186-00, resulting in minimum flood proofing elevation between 1187-00 and 1188.0; Proposed walkout basements must be floodproofed in current flood zone but may not require floodproofing under new FEMA floodmaps anticipated for adoption in late summer/early fall 2007; Indicate on preliminary plat if proposed streets are to be private and type of surfacing and cross section; Provide identification and proposed numbering of building lots; Provide identification and proposed numbering of common areas, non-building lots and outlots; Verify proposed easement along south lot line includes previously requested easement for creek maintenance and is not obstructed with utility pedestals; Review 7-15-06 Fountain Springs Neighborhood Tentative Plat comments provided to Andy Nelson and Jeff Bunch which are enclosed; Review 4-4-06 Fountain Springs Addition Final Plat comments provided to Andy Nelson and Steve Dodd which are enclosed; Review 3-15-06 Fountain Springs Addition Preliminary Plat comments provided to Andy Nelson and Steve Dodd which are enclosed; Review 3-2-06 Fountain Springs Addition Tentative Plat comments provided to Andy Nelson and Steve Dodd which are enclosed.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Bolton, seconded by Council Member S-Marsh to continue to the September 12, 2006 Council meeting the ordinance approving the request of East Towne Development, LLC to have a Planned Unit Development District on Lot 2, Fountain Springs Addition.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member S-Marsh, seconded by Council Member Lemons to accept and award the bid to M.E. Collins Contracting Co., Inc. in the amount of $135,339.60 for “H” Street Reconstruction.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-158 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Getzschman, seconded by Council Member Mruz to reject and readvertise for bids for Memorial Park Sprayground improvements.  Moved by Council Member Bolton, seconded by Council Member Schaller to amend the resolution by not readvertising for bids.  Acting City Administrator Marshall stated the project would try to be incorporated into the Family Fun Pool construction as a change order.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.  Roll call vote on the amended resolution showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-159, as amended, approved.

 

Moved by Council Member S-Marsh, seconded by Council Member Lemons to release the cashier’s check submitted by Mr. Barta when a certificate of occupancy has been approved by the Building Inspector Hansen for 221 North C.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member Bolton approving the renewal of class C liquor licenses from November 1, 2006 to November 1, 2007.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-160 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Getzschman, seconded by Council Member Schaller to file a weed lien in the amount of $60.20 against Lot 3, Block 2, Empire City (130 Jefferson Road) owner – Michael Hudson.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-161 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Benson, seconded by Council Member Getzschman to accept and award the bid to Oakview Construction, Inc. in the amount of $4,183,925 for the Fremont Family Fun Pool and Spraygrounds at Ronin and Miller Parks.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-162 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Mruz, seconded by Council Member Bolton to reject bids for an automated meter reading system and authorize the Board of Public Works to readvertise.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-163 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member Getzschman to accept and award the bid to Siemens Power T&D Inc. in the amount of $148,516 for four 69 kv breakers.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2006-164 approved.

 

Moved by Council Member Bolton, seconded by Council Member Getzschman to go into executive session for update on labor agreements with unions.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.  The Mayor stated, for the record, that executive session would be limited to discussion of labor agreements.  Executive session began at 7:33 p.m. 

 

Moved by Council Member Bolton, seconded by Council Member Getzschman to come out of executive session.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.  Executive session ended at 8:04 p.m.

 

Moved by Council Member Lemons, seconded by Council Member Bolton to accept a memorandum of understanding with the International Association of Fire Fighters (IAFF).  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Lemons, seconded by Council Member Getzschman to accept a memorandum of understanding with the American Federation of State, County and Municipal Employees (AFSCME).  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member S-Marsh, seconded by Council Member Bolton to close the public hearing on the 2006-2007 fiscal year budget.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Council Member Bolton left the meeting at 8:10 p.m.

 

The City Clerk gave the first reading, by title only, of an ordinance adopting the 2006-2007 budget statement termed the annual appropriation bill.  Moved by Council Member S-Marsh, seconded by Council Member Bolton to suspend the rules of reading and place on final reading.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.  The Council commended Acting City Administrator Marshall on the budget.  Council Member Schaller stated he believes there could be more savings done in the budget without affecting employment or services to the City if the department heads would distinguish between wants versus needs.  Council Member Warner stated he would like evaluations done and to see the evaluations on department heads and supervisors every quarter or at least twice a year.  Council Member S-Marsh stated she would like to see the Council give department heads directive goals and objectives and the City may have to change the way services are provided.  Council Member Getzschman stated more revenues need to be produced or the City will have to find ways to do more with less.  Council Member Benson stated the Council needs to be more specific about what services they want to cut.  Acting City Administrator Marshall stated the department heads had done a good job with their budgets and that the Council will have to look at what services the Council wants to provide.  The City Clerk gave the final reading, by title only.  Roll call vote on the ordinance showed Council Member Bolton absent, Council Member Schaller voting nay, all other Council Members voting aye – 6 ayes, 1 nay, 1 absent.  Thereupon the Mayor declared Ordinance No. 5061 passed.

 

The City Clerk read a resolution, by title only, offered by Council Member Mruz, seconded by Council Member Warner to set the property tax request of $4,218,270 for the 2006-2007 fiscal year.  Roll call vote showed Council Member Bolton absent, Council Member Schaller voting nay, all other Council Members voting aye – 6 ayes, 1 nay, 1 absent.  Thereupon the Mayor declared Resolution No. 2006-165 approved.

 

Moved by Council Member S-Marsh, seconded by Council Member Lemons to close the public hearing setting the final tax rate for the 2006-2007 fiscal year.  Roll call vote showed Council Member Bolton absent, all other Council Members voting aye – 7 ayes, 1 absent.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member S-Marsh, seconded by Council Member Getzschman to approve an additional 1% increase in base limitation on restricted fund authority for 2006-2007 fiscal year.  Roll call vote showed Council Member Bolton absent, all other Council Members voting aye – 7 ayes, 1 absent.  Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member Lemons, seconded by Council Member Getzschman setting a final City tax rate at 0.319531/$100 valuation for the 2006-2007 fiscal year.  Roll call vote showed Council Member Bolton absent, Council Member Schaller voting nay, all other Council Members voting aye – 6 ayes, 1 nay, 1 absent.  Thereupon the Mayor declared Resolution No. 2006-166 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Getzschman, seconded by Council Member Benson setting a final City tax rate at 0.033381 for Fremont Family Fun Pool.  Roll call vote showed Council Member Bolton absent, all other Council Members voting aye – 7 ayes, 1 absent.  Thereupon the Mayor declared Resolution No. 2006-167 approved.

 

Moved by Council Member S-Marsh, seconded by Council Member Benson to receive and file the report from the LB 840 Committee.  Roll call vote showed Council Member Bolton absent, all other Council Members voting aye – 7 ayes, 1 absent.  Thereupon the Mayor declared the motion carried.

 

The mayor announced the next meeting will be September 12, 2006 at 7:00 p.m.

 

Moved by Council Member Getzschman, seconded by Council Member Mruz to adjourn the meeting. Roll call vote showed Council Member Bolton absent, all other Council Members voting aye - 7 ayes, 1 absent.  Thereupon the Mayor declared the motion carried.  Meeting adjourned at 8:20 p.m.

 

                                                                                           Donald B. Edwards, Mayor

ATTEST:

Kimberly Volk, CMC, City Clerk

 

I, 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 for 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 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 meetings of said body were provided advance notification of the time and place of said 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, CMC, City Clerk