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All right, meeting called to order. Time

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is now 7 o'clock. We'll start with the

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pledge of allegiance.

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I pledge algiance to the flag of the

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United States of America to the republic

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for which it stands. One nation under

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God, indivisible, with liberty and

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justice for all.

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The open meeting act is available on the

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public inspection on the table in the

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front of the room and a copy of the

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complete agenda and backup is available

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on the table in the center of the room.

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We'll go to roll call.

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Eight members are present. Mayor,

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>> thank you.

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Motion to adopt the current agenda for

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August 11th, 2026 regular city council

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meeting.

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» Councilman Vaughn.

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>> So moved.

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>> Councilman Jensen

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>> and seconded.

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» That motion carries 8 to zero.

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Okay,

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we got some appointments tonight. Item

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number two, motion to consent. Mayor's a

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reappointment to the creative council.

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Um, everybody's got a year

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term. Uh, it'll be Lindy Gen Genoix,

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Molly Payeyton, Laney Pquet, Katon

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Krakamire, Brenda Wilbering, Jennifer

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Dam, Lee Meyer, and Monica Ebie.

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There any questions or anything from

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council? If not, I'll take a motion.

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» Councilman her. Uh,

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>> yes. I'll make a motion to um um approve

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the um mayor's reappoints to the

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creative council.

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>> Councilman or Councilwoman Gana.

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>> I second.

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» That motion carries 8 to zero. Mayor

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Thank you. Item number three, motion to

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confirm appointment of Garrett Jensen to

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the police sergeants per mayor's

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recommendation.

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Uh the civil service commission provided

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a qualified candidates for us. There

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were three of them and came down to car

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to Garrett Jensen.

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Staff

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>> Jennifer, deputy chief of police. Thank

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you again for the opportunity to be here

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and speak to you tonight about the

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promotion or potential promotion of here

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at Jensen. The promotional process can

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be lengthy and stressful for every

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officer involved. Yet, it consistently

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highlights the strength and dedication

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with within our department. This most

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recent process produced an outstanding

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list of officers who are ready and

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willing to help lead the city of Fremont

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and our department into the future.

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Currently, at the top of that list is

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Officer Jensen. As you consider

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promoting him, we'd like to take a

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moment to help you get to know him a

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little better. Officer Jensen joined the

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Fremont Police Department in October of

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2019. As an officer in the patrol

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division, he worked night shift

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throughout his career. In 2022, Officer

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Jensen joined the emergency response

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unit and is now a team sniper for the

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unit. In 2024, he became a field

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training officer. He recently completed

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an instructor level course in police

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response to active shooter uh to assist

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the department in training officers in

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tactics and proper response to these

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situations. Officer Jensen graduated

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from Lions Dear Northeast High School in

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2007 and in 2012 he earned his

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bachelor's degree in business

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administration from UNL. During his

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service at the Fremont Police

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Department, Officer Jensen has earned

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multiple recognitions for outstanding

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performance. One such commendation

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stemmed from an attempted robbery in

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which employees had been locked inside a

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freezer. Demonstrating bravery, Officer

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Jensen and Sergeant and his sergeant

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entered the restaurant through the

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drive-through window. I'm sorry,

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conducted a search for suspects and

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safely freed the employees. Officer

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Jensen is most proud of his service on

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the ERU and being appointed as the team

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sniper. He is also proud of becoming a

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response active shooter instructor and

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field training officer. Joining Officer

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Jensen today for the pinning ceremony

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are his wife Taylor and his son Maddox.

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Questions from council.

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» Okay. Thank you.

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I'll take a motion.

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» Councilman Jensen.

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>> I'll make the motion to confirm him. And

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I will just state for the record that

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offer Jensen and myself are not related

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in any way.

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>> Councilman Horner,

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>> I'll second.

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» That motion carries eight to zero.

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Mayor.

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>> All right. Thank you.

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that you have voted. Uh joining officer

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Jensen today for the pinning ceremony

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are his wife Taylor and his son Maddox.

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His parents Stephen and Lori and his

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father and mother-in-law Richard and

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Denise are also present. Pinning his

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badge will be his wife Taylor.

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Okay, on to public hearings. Item number

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four, resolution 2026-199,

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making a recommendation for a class D

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liquor license application of Casey's

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Retail Company, DBA Casey's number 4670

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located at 730 Boulevard. Staff,

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>> thank you, Mayor. Michael Chhaterson,

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city clerk. Uh this is a new uh liquor

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license application for the Casey's that

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is going in uh there off Morningside

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Road off the uh 275 bypass. Um this will

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be for a class D liquor license. Uh

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council can

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effectively do one of three things. They

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can make a recommendation of approval,

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no recommendation, or make a

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recommendation to deny to the liquor

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control commission. Um at which point

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the control the liquor control

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commission will do whatever council kind

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of effectuates from that regard. Um, so

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I can take any questions, from council.

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Okay, seeing none, I'll go to uh open

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the public hearing.

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» Seeing none, I'll close the public

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hearing. Come down to council for a

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motion or any discussion.

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Councilman Vaughn,

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>> I've received assurances that they will

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have the pizza that I love. So, I will

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make that recommendation approved.

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Councilman her

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>> and I'll second that with the pizza

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especially.

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» That motion carries 8 to zero. Mayor.

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>> Okay. Thank you. On the consent agenda,

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all items on the consent agenda are

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considered to be routine by the city

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council and will be acted by enacted by

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one motion. There will be no separate

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discussion of these items less a C

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council member or staff so request in

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which the item will be removed from the

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consent agenda and considered

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separately.

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>> Anything on consent to be removed?

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Counciloman Le.

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>> I'd like to remove number 17, please

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» number seven.

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Can we remove item 11, please, mayor?

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» Anybody else?

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If not, I'll take a motion uh pass the

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consent agenda minus items 7, 11,

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and 17.

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>> Councilman her.

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>> I'll make the motion to approve the

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consent agenda minus 7, items 7, 11, and

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17.

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>> Councilman Jensen, and I'll second.

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That motion carries 8 to zero, mayor.

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>> Okay, thank you.

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Item seven, motion to receive the report of the treasury,

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» honorable council,

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honorable mayor, Jennifer Nab, finance

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director. Um, we have for you the report

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of the treasury. This is the report that

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shows the change in our balances for all

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of our different accounts and

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investments. And I am available for any

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questions you may have.

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>> Questions from councel.

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» It's such an important item that it's

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good to hear a summary if you would give

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a summary for that. And I know we've

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read the report. It's just good to have

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it public as well. Thank you. Any

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other questions from council?

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» I'll take comments from the public.

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Seeing none, I'll close the public

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comment and go back to council for a

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motion or any other discussion.

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Councilwoman

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Gan

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>> I move we [clears throat] excuse me I

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make a motion to receive the treasury

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report

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>> second

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that motion carries 8 to zero mayor

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Okay. Item number 11, resolution

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2026-197,

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authorizing the renewal of all existing

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class C liquor license through October

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31st, 2027.

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>> Yeah.

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>> Thank you, Mayor Michael Chatterson,

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city clerk. This is the resolution to

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approve all existing uh liquor license

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class C's. Um, the reason I wanted to

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discuss further was we I was uh I I was

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aware that we made a mistake on one of

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the addresses for Renita's. We still

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have them listed at 343 North Main.

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They've since moved in the last few

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weeks. Um, so we'll need to amend that.

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So, if I could get a motion to amend

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that um address on our resolution, we'll

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get that. We should be good to go

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otherwise.

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>> Okay.

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Question or council? Uh, Councilman

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Jensen,

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>> I'll I'll make the motion to amend as as

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needed.

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>> Councilman Hero,

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>> I'll second the motion to amend.

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» That motion carries 8 to zero. Mayor,

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» uh, any comments from

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the public.

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Seeing none, I'll close it. I'll take a

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motion as amended.

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» Councilman Vaughn,

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>> make motion to approve as amended.

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>> Councilman Marsh.

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>> Second.

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That motion carries 8 to zero.

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Okay, thank you.

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>> Item 17, resolution 2026-204,

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awarding the funding for downtown

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project for downtown revital

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revitalization community development

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block grant at 311 North Main Street in

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the amount of 22,938.75.

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Good evening, honorable mayor, city

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council, Angie Olsen, grant coordinator.

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We've received an application for the

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downtown facade improvements program

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from the address of 311 North Main

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Street that's owned by Todd Hoppy and

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Trisha Dorfmeer who are in attendance

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with us tonight. Uh their project

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estimate is just over $30,000. There is

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a 25% match requirement for this

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program. So that brings their request to

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right around um $23,000.

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Their project is um for the front of 311

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Maine. Originally, they wanted to have a

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recessed interior which would take it

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back to um the uh historical look of the

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building. However, that was very

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complicated process. And um their your

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packet includes a letter from an

277
00:29:34,880 --> 00:29:38,399
engineer stating um that will be a a a

278
00:29:38,399 --> 00:29:40,640
difficult task and they did reach out to

279
00:29:40,640 --> 00:29:43,120
multiple contracts contractors who were

280
00:29:43,120 --> 00:29:46,000
not willing to take that on. However, um

281
00:29:46,000 --> 00:29:49,279
they are going to restore the front um

282
00:29:49,279 --> 00:29:53,200
as is kind of flat uh to Main Street and

283
00:29:53,200 --> 00:29:54,640
I'm here to answer any questions you

284
00:29:54,640 --> 00:29:57,279
might have.

285
00:29:57,279 --> 00:29:59,600
Uh, Councilwoman Lethra,

286
00:29:59,600 --> 00:30:02,399
>> I don't have any questions, but I I just

287
00:30:02,399 --> 00:30:05,039
wanted to say that it's wonderful that

288
00:30:05,039 --> 00:30:07,200
they're taking advantage of this great

289
00:30:07,200 --> 00:30:10,960
opportunity. Um, restoring the downtown.

290
00:30:10,960 --> 00:30:13,440
They are doing a fabulous job on that

291
00:30:13,440 --> 00:30:15,039
building down there and I want to thank

292
00:30:15,039 --> 00:30:18,399
them for that. Um, I also would like to

293
00:30:18,399 --> 00:30:21,120
say that there are additional funds

294
00:30:21,120 --> 00:30:25,200
available in this program and maybe

295
00:30:25,200 --> 00:30:27,200
Angie could expand on that just a little

296
00:30:27,200 --> 00:30:27,440
bit.

297
00:30:27,440 --> 00:30:29,919
>> Yeah, sure. So, we um have about

298
00:30:29,919 --> 00:30:33,679
$200,000 left in this program. As uh you

299
00:30:33,679 --> 00:30:35,840
might remember, we did extend it um

300
00:30:35,840 --> 00:30:38,000
originally was set to expire in May of

301
00:30:38,000 --> 00:30:40,080
2026. So, we've extended it to May of

302
00:30:40,080 --> 00:30:43,520
2027. And um we are having some internal

303
00:30:43,520 --> 00:30:45,200
discussions of if um we don't have

304
00:30:45,200 --> 00:30:47,120
applicants come forward what we might

305
00:30:47,120 --> 00:30:49,200
use those funds for. Uh we would need to

306
00:30:49,200 --> 00:30:51,520
work with the state and make sure that

307
00:30:51,520 --> 00:30:54,399
um our projects are uh eligible and

308
00:30:54,399 --> 00:30:57,039
within um their standards. Uh but it

309
00:30:57,039 --> 00:30:59,679
might look like some street sidewalk

310
00:30:59,679 --> 00:31:01,360
improvements, ADA accessibility,

311
00:31:01,360 --> 00:31:02,559
something like that in the downtown

312
00:31:02,559 --> 00:31:04,960
area. But if there are any applicants

313
00:31:04,960 --> 00:31:07,039
interested, um it's a great time to

314
00:31:07,039 --> 00:31:10,159
apply. Um the applicants tonight

315
00:31:10,159 --> 00:31:12,559
actually also received funding for 307

316
00:31:12,559 --> 00:31:14,799
North Main Street and um they've been

317
00:31:14,799 --> 00:31:18,000
working hard on that one as well.

318
00:31:18,000 --> 00:31:21,200
>> Thank you.

319
00:31:21,200 --> 00:31:24,399
>> Any other questions from council?

320
00:31:24,399 --> 00:31:26,880
Okay.

321
00:31:26,880 --> 00:31:31,269
>> Uh comments from the public?

322
00:31:31,279 --> 00:31:32,640
Seeing none, I'll close that and come

323
00:31:32,640 --> 00:31:45,029
back for Oh, come on up.

324
00:31:45,039 --> 00:31:49,600
Todd, 1225 County Road Y. Um, no real

325
00:31:49,600 --> 00:31:52,960
comments. I handed out two packets of uh

326
00:31:52,960 --> 00:31:55,919
pictures. Uh, I wanted to let you see

327
00:31:55,919 --> 00:31:58,640
when I bought it is on the front and if

328
00:31:58,640 --> 00:32:01,600
you go through you see the stages on the

329
00:32:01,600 --> 00:32:04,000
front windows on the top story they're

330
00:32:04,000 --> 00:32:06,640
in and the bottom is boarded up and

331
00:32:06,640 --> 00:32:09,039
tomorrow they're measuring to put the

332
00:32:09,039 --> 00:32:11,919
first ones in at 309. Once we get that

333
00:32:11,919 --> 00:32:14,080
then we'll move our boards to the north

334
00:32:14,080 --> 00:32:16,080
and do the 311 you guys are doing

335
00:32:16,080 --> 00:32:19,679
tonight. I also included the backside

336
00:32:19,679 --> 00:32:22,640
which your grant didn't have, but you

337
00:32:22,640 --> 00:32:26,080
can see what ugly we had. We've removed

338
00:32:26,080 --> 00:32:28,960
all that. Uh it's coming along great.

339
00:32:28,960 --> 00:32:31,360
We'll have uh six apartments rented out

340
00:32:31,360 --> 00:32:34,640
by the end of the year. Um

341
00:32:34,640 --> 00:32:36,320
couldn't go any better. This grant

342
00:32:36,320 --> 00:32:38,640
helped us a lot. Otherwise, we're doing

343
00:32:38,640 --> 00:32:40,880
it out of our front pocket. It's a lot

344
00:32:40,880 --> 00:32:43,760
easier when we have funds allotted to us

345
00:32:43,760 --> 00:32:46,480
then uh we pay it off because the banks

346
00:32:46,480 --> 00:32:49,279
are a lot easier to look at a finished

347
00:32:49,279 --> 00:32:51,919
product instead of

348
00:32:51,919 --> 00:32:54,080
putting money behind us. Will the

349
00:32:54,080 --> 00:32:56,399
project get done? So, thank you for what

350
00:32:56,399 --> 00:32:58,399
you guys are doing. That's all I got.

351
00:32:58,399 --> 00:32:59,840
>> Thank you.

352
00:32:59,840 --> 00:33:03,039
>> We need a motion to receive

353
00:33:03,039 --> 00:33:04,960
information. Councilman her

354
00:33:04,960 --> 00:33:08,720
>> I'll make a motion to receive.

355
00:33:08,720 --> 00:33:14,710
I want to lay through a second.

356
00:33:14,720 --> 00:33:35,029
That motion carries 8 to zero. Mayor

357
00:33:35,039 --> 00:34:00,230
Councilman

358
00:34:00,240 --> 00:34:02,960
Jensen, you have something?

359
00:34:02,960 --> 00:34:04,480
>> Yes. If there's no further discussion,

360
00:34:04,480 --> 00:34:05,760
then make the motion to approve the

361
00:34:05,760 --> 00:34:07,120
resolution.

362
00:34:07,120 --> 00:34:12,230
>> I still got to go to public.

363
00:34:12,240 --> 00:34:13,440
» All right. I'll take any comments from

364
00:34:13,440 --> 00:34:16,480
the public.

365
00:34:16,480 --> 00:34:17,839
>> Seeing none, I'll come back to council

366
00:34:17,839 --> 00:34:22,470
for a motion.

367
00:34:22,480 --> 00:34:23,919
Councilman Jensen,

368
00:34:23,919 --> 00:34:25,280
>> I'll make the motion to approve

369
00:34:25,280 --> 00:34:28,800
resolution 2026-204.

370
00:34:28,800 --> 00:34:29,280
Councilman

371
00:34:29,280 --> 00:34:36,869
>> Vaughn, I will second.

372
00:34:36,879 --> 00:34:40,304
That motion carries 8 to zero, mayor.

373
00:34:40,304 --> 00:34:42,560
[clears throat] Okay, thank you. On to

374
00:34:42,560 --> 00:34:45,119
new business, item 18, ordinance 57 to

375
00:34:45,119 --> 00:34:47,280
53 for approval of utilities salary

376
00:34:47,280 --> 00:34:55,510
ordinance. First reading.

377
00:34:55,520 --> 00:34:56,879
Good evening, mayor and city council.

378
00:34:56,879 --> 00:34:58,320
Jennifer McDuffy, director of human

379
00:34:58,320 --> 00:35:01,920
resources. Um we are getting looking at

380
00:35:01,920 --> 00:35:03,599
starting the new fiscal year. So that

381
00:35:03,599 --> 00:35:05,040
means when we have to take a look at

382
00:35:05,040 --> 00:35:07,839
wages um this is the proposed salary

383
00:35:07,839 --> 00:35:10,320
ordinance for the utility side of the

384
00:35:10,320 --> 00:35:13,280
organization. Um it would take effect

385
00:35:13,280 --> 00:35:15,599
the pay period that includes October 1st

386
00:35:15,599 --> 00:35:18,720
and has a 2 and a half% increase across

387
00:35:18,720 --> 00:35:21,760
the board which matches the IBW

388
00:35:21,760 --> 00:35:23,280
collective bargaining agreement was

389
00:35:23,280 --> 00:35:28,870
approved. That was last year.

390
00:35:28,880 --> 00:35:33,510
» Any questions from council?

391
00:35:33,520 --> 00:35:36,480
» Councilman Jensen. This is by contract.

392
00:35:36,480 --> 00:35:37,839
Is that not correct? I mean, we've got

393
00:35:37,839 --> 00:35:39,920
to match this up. This is this is funds

394
00:35:39,920 --> 00:35:42,560
that were already been been uh allocated

395
00:35:42,560 --> 00:35:45,839
and and this is our path forward.

396
00:35:45,839 --> 00:35:46,560
Correct.

397
00:35:46,560 --> 00:35:48,960
>> So, it's it's two and a half% for

398
00:35:48,960 --> 00:35:50,480
everyone. That includes those that are

399
00:35:50,480 --> 00:35:52,480
in the in the bargaining unit and those

400
00:35:52,480 --> 00:35:54,320
that are not the bargaining

401
00:35:54,320 --> 00:35:56,000
Um the bargaining unit has been

402
00:35:56,000 --> 00:35:58,560
contracted. The non-bargaining unit

403
00:35:58,560 --> 00:36:00,640
funds were budgeted with the budget. So

404
00:36:00,640 --> 00:36:03,599
we did include that

405
00:36:03,599 --> 00:36:06,950
budget.

406
00:36:06,960 --> 00:36:12,550
Any other questions from council?

407
00:36:12,560 --> 00:36:17,190
Okay. I'll take public comment.

408
00:36:17,200 --> 00:36:19,520
Seeing none, I'll come back to council

409
00:36:19,520 --> 00:36:21,520
for a motion or any other discussion.

410
00:36:21,520 --> 00:36:23,040
Councilman Horner.

411
00:36:23,040 --> 00:36:24,720
>> If there's no further discussion, I

412
00:36:24,720 --> 00:36:26,320
would make the motion that we approve

413
00:36:26,320 --> 00:36:30,480
the first reading for ordinance 5753.

414
00:36:30,480 --> 00:36:38,870
>> Councilwoman Le and I'll second.

415
00:36:38,880 --> 00:36:41,680
» That motion carries 8 to zero.

416
00:36:41,680 --> 00:36:43,920
Ordinance number 5753, an ordinance of

417
00:36:43,920 --> 00:36:45,040
the city of Fremont, Nebraska,

418
00:36:45,040 --> 00:36:46,560
pertaining to pay plan for officers and

419
00:36:46,560 --> 00:36:47,839
employees, repealing ordinance number

420
00:36:47,839 --> 00:36:49,920
5740 and all other ordinances and parts

421
00:36:49,920 --> 00:36:51,680
of ordinances in conflict with providing

422
00:36:51,680 --> 00:36:53,440
for publication plan form providing for

423
00:36:53,440 --> 00:36:55,040
an effect and providing for an effective

424
00:36:55,040 --> 00:37:03,270
date first reading.

425
00:37:03,280 --> 00:37:04,880
Councilman Horner.

426
00:37:04,880 --> 00:37:07,280
>> Um, if there's no reason for us not to

427
00:37:07,280 --> 00:37:09,680
do this and since it's a contractual

428
00:37:09,680 --> 00:37:12,000
matter and we've already decided that, I

429
00:37:12,000 --> 00:37:13,599
would like to make the motion that we

430
00:37:13,599 --> 00:37:16,560
suspend the rules and move this to third

431
00:37:16,560 --> 00:37:19,920
and final reading.

432
00:37:19,920 --> 00:37:22,000
>> Councilman uh gentleman

433
00:37:22,000 --> 00:37:30,630
>> and I second that.

434
00:37:30,640 --> 00:37:33,839
» That motion carries 8 to zero. Mayor

435
00:37:33,839 --> 00:37:35,760
Ordinance number 5753, an ordinance of

436
00:37:35,760 --> 00:37:37,119
the city of Fremont, Nebraska pertaining

437
00:37:37,119 --> 00:37:38,480
to pay plan for officers and employees

438
00:37:38,480 --> 00:37:40,240
appealing ordinance number 5740 and all

439
00:37:40,240 --> 00:37:41,520
other ordinances parts of ordinance is

440
00:37:41,520 --> 00:37:42,720
in conflict here with providing for

441
00:37:42,720 --> 00:37:44,079
publication plan performance providing

442
00:37:44,079 --> 00:37:48,550
for an effect. Final reading

443
00:37:48,560 --> 00:37:54,176
cast final vote.

444
00:37:54,186 --> 00:37:54,320
[clears throat]

445
00:37:54,320 --> 00:37:56,000
>> That motion carries 8 to zero. Mayor,

446
00:37:56,000 --> 00:38:00,079
ordinance number 5753 is approved.

447
00:38:00,079 --> 00:38:04,310
>> Thank you.

448
00:38:04,320 --> 00:38:07,119
Item 19, ordinance 5754 for approval of

449
00:38:07,119 --> 00:38:08,720
government salary ordinance. First

450
00:38:08,720 --> 00:38:15,589
reading.

451
00:38:15,599 --> 00:38:17,280
» Jennifer McDuffy, director of human

452
00:38:17,280 --> 00:38:20,960
resources. Um, this is the salary for

453
00:38:20,960 --> 00:38:23,040
the city side of the house. Um, again,

454
00:38:23,040 --> 00:38:24,800
two and a half%. This covers the

455
00:38:24,800 --> 00:38:26,240
non-bargaining unit and what was

456
00:38:26,240 --> 00:38:30,640
contractually agreed upon in the FOPF.

457
00:38:30,640 --> 00:38:31,920
asked me collective bargaining

458
00:38:31,920 --> 00:38:33,680
agreements last year. Same effective

459
00:38:33,680 --> 00:38:36,710
date.

460
00:38:36,720 --> 00:38:41,990
» Any questions from council?

461
00:38:42,000 --> 00:38:45,839
» Any comments from the public?

462
00:38:45,839 --> 00:38:51,750
>> I'll come back to council for a motion.

463
00:38:51,760 --> 00:38:52,720
Councilman vaugh.

464
00:38:52,720 --> 00:38:55,440
>> Motion to approve.

465
00:38:55,440 --> 00:38:56,000
Councilman

466
00:38:56,000 --> 00:39:02,630
>> her. I'll second.

467
00:39:02,640 --> 00:39:05,599
That motion carries 8 to zero. Mayor,

468
00:39:05,599 --> 00:39:07,680
ordinance number 5754, an ordinance of

469
00:39:07,680 --> 00:39:08,720
the city of Fremont, Nebraska,

470
00:39:08,720 --> 00:39:10,160
pertaining to pay plan for officers and

471
00:39:10,160 --> 00:39:11,440
employees repealing ordinance number

472
00:39:11,440 --> 00:39:13,520
5725 and all of their ordinances or

473
00:39:13,520 --> 00:39:15,280
parts of ordinances conflict here with

474
00:39:15,280 --> 00:39:16,720
writing for publication and performed

475
00:39:16,720 --> 00:39:18,000
writing for an effective date first

476
00:39:18,000 --> 00:39:25,349
reading.

477
00:39:25,359 --> 00:39:26,720
Uh, Councilman Vaughn,

478
00:39:26,720 --> 00:39:28,400
>> any reason not to move this third and

479
00:39:28,400 --> 00:39:29,280
final as well?

480
00:39:29,280 --> 00:39:30,640
>> Not to my knowledge.

481
00:39:30,640 --> 00:39:33,760
>> I'll make that motion.

482
00:39:33,760 --> 00:39:34,880
>> Councilman Johnson,

483
00:39:34,880 --> 00:39:43,109
>> and I will second.

484
00:39:43,119 --> 00:39:45,680
» The motion carries 8 to zero. Mayor

485
00:39:45,680 --> 00:39:47,680
Ordinance number 5754 and ordinance of

486
00:39:47,680 --> 00:39:48,960
the city of Fremont, Nebraska pertaining

487
00:39:48,960 --> 00:39:50,240
to pay plan for officers and employees

488
00:39:50,240 --> 00:39:52,079
appealing ordinance number 5725 and all

489
00:39:52,079 --> 00:39:53,359
other ordinances and parts of ordinances

490
00:39:53,359 --> 00:39:54,560
in conflict with providing for

491
00:39:54,560 --> 00:39:56,240
publication form providing for an effect

492
00:39:56,240 --> 00:40:02,069
to date final reading.

493
00:40:02,079 --> 00:40:09,510
Cash final vote.

494
00:40:09,520 --> 00:40:10,960
» That motion carries 8 to zero. Mayor

495
00:40:10,960 --> 00:40:14,079
ordinance number 5754 is approved.

496
00:40:14,079 --> 00:40:16,480
Thank you.

497
00:40:16,480 --> 00:40:21,119
Uh item 20, ordinance 575, revising FMC

498
00:40:21,119 --> 00:40:23,280
2-103 and eliminating an open public

499
00:40:23,280 --> 00:40:24,720
comment period to comply with the

500
00:40:24,720 --> 00:40:28,000
openness meeting act. First reading.

501
00:40:28,000 --> 00:40:29,280
Yeah.

502
00:40:29,280 --> 00:40:30,480
>> Thank you, mayor, members of city

503
00:40:30,480 --> 00:40:33,520
council. Travis Jott, city attorney. Um

504
00:40:33,520 --> 00:40:35,359
this was brought up following our last

505
00:40:35,359 --> 00:40:37,520
meeting. There was a complaint filed by

506
00:40:37,520 --> 00:40:39,920
a citizen alleging that our open

507
00:40:39,920 --> 00:40:43,119
meetings act as it is currently set up

508
00:40:43,119 --> 00:40:47,280
violates the open meetings act. Um

509
00:40:47,280 --> 00:40:49,680
we took a look at it and we've been

510
00:40:49,680 --> 00:40:52,560
advising now that having a comment

511
00:40:52,560 --> 00:40:54,560
period where items are not noticed on

512
00:40:54,560 --> 00:40:57,680
the agenda could be a violation of open.

513
00:40:57,680 --> 00:41:00,319
So really when you look at the analysis

514
00:41:00,319 --> 00:41:01,839
um there are three steps. We got to

515
00:41:01,839 --> 00:41:03,280
determine whether a meeting has taken

516
00:41:03,280 --> 00:41:05,599
place and when there's a more than a

517
00:41:05,599 --> 00:41:08,720
quorum of the council present and we're

518
00:41:08,720 --> 00:41:11,440
discussing city business being briefed

519
00:41:11,440 --> 00:41:14,400
on anything taking city action that

520
00:41:14,400 --> 00:41:16,800
would constitute a meeting. So I think

521
00:41:16,800 --> 00:41:18,880
there's no doubt that having the council

522
00:41:18,880 --> 00:41:20,800
here listening to comment would

523
00:41:20,800 --> 00:41:23,520
constitute a meeting. The second thing

524
00:41:23,520 --> 00:41:25,440
we want to look at is whether there was

525
00:41:25,440 --> 00:41:27,680
advanced publicized notice of that

526
00:41:27,680 --> 00:41:29,839
meeting. And we currently let the public

527
00:41:29,839 --> 00:41:32,319
know that we are having a public comment

528
00:41:32,319 --> 00:41:35,280
period at 6:30. Um but we don't let them

529
00:41:35,280 --> 00:41:37,359
know what is going to be discussed. And

530
00:41:37,359 --> 00:41:38,880
that's really the third element is we

531
00:41:38,880 --> 00:41:40,560
have to have advanced publicized notice

532
00:41:40,560 --> 00:41:43,359
of the topics for discussion. Um and

533
00:41:43,359 --> 00:41:44,960
that would be a description on an

534
00:41:44,960 --> 00:41:48,160
agenda. Um this issue has come up in the

535
00:41:48,160 --> 00:41:51,520
past with Fremont. Um there's been some

536
00:41:51,520 --> 00:41:53,359
previous attorney general disposition

537
00:41:53,359 --> 00:41:56,240
letters that has discussed this issue

538
00:41:56,240 --> 00:41:58,000
following complaints that were filed by

539
00:41:58,000 --> 00:42:01,920
citizens on various issues. Um, there

540
00:42:01,920 --> 00:42:04,560
was one disposition letter in particular

541
00:42:04,560 --> 00:42:06,640
that dealt with our utility and

542
00:42:06,640 --> 00:42:09,520
infrastructure board where the attorney

543
00:42:09,520 --> 00:42:11,040
general, assistant attorney general that

544
00:42:11,040 --> 00:42:13,359
worked on that complaint said that it

545
00:42:13,359 --> 00:42:15,440
was not a violation to have the when the

546
00:42:15,440 --> 00:42:17,119
public comments on items not on the

547
00:42:17,119 --> 00:42:19,359
agenda.

548
00:42:19,359 --> 00:42:21,839
That to me does not protect the city

549
00:42:21,839 --> 00:42:23,920
completely from any potential liability

550
00:42:23,920 --> 00:42:26,880
for a violation under the act.

551
00:42:26,880 --> 00:42:28,400
A disposition letter handles a

552
00:42:28,400 --> 00:42:30,000
complaint. There's still an attorney

553
00:42:30,000 --> 00:42:32,000
general opinion that could also be

554
00:42:32,000 --> 00:42:34,240
provided, which we haven't sought for

555
00:42:34,240 --> 00:42:36,079
this issue. Typically, that would be

556
00:42:36,079 --> 00:42:38,319
provided when there's multiple

557
00:42:38,319 --> 00:42:40,079
municipalities and public bodies that

558
00:42:40,079 --> 00:42:42,000
face the same issue. The attorney

559
00:42:42,000 --> 00:42:43,920
general will come out with a with an

560
00:42:43,920 --> 00:42:46,240
opinion on that. And none of the

561
00:42:46,240 --> 00:42:48,240
previous dispositions have discussed the

562
00:42:48,240 --> 00:42:50,800
particular issue of advanced publicized

563
00:42:50,800 --> 00:42:53,040
notice of public comments from the

564
00:42:53,040 --> 00:42:56,560
public. So this is really the start of

565
00:42:56,560 --> 00:42:59,040
what I would like to do is discuss

566
00:42:59,040 --> 00:43:01,119
different methods of permitting public

567
00:43:01,119 --> 00:43:04,079
comment that would comply with the act

568
00:43:04,079 --> 00:43:05,760
as it's written right now. We believe it

569
00:43:05,760 --> 00:43:07,599
violates the open meetings act. I know

570
00:43:07,599 --> 00:43:09,119
when you go down to talk to members of

571
00:43:09,119 --> 00:43:11,119
the league municipal municipalities they

572
00:43:11,119 --> 00:43:13,760
would agree. Um

573
00:43:13,760 --> 00:43:16,720
so we've come up with this first step is

574
00:43:16,720 --> 00:43:19,839
to eliminate it as it stands right now.

575
00:43:19,839 --> 00:43:22,400
The second step would be to come up with

576
00:43:22,400 --> 00:43:24,720
a new format. And what I've proposed in

577
00:43:24,720 --> 00:43:27,359
the past is members of the public are

578
00:43:27,359 --> 00:43:30,000
permitted to add items to the agenda for

579
00:43:30,000 --> 00:43:31,040
anything that they would want to

580
00:43:31,040 --> 00:43:34,560
discuss. And that would actually, I

581
00:43:34,560 --> 00:43:36,319
think, benefit the council and members

582
00:43:36,319 --> 00:43:38,800
of the public in multiple ways. One is

583
00:43:38,800 --> 00:43:41,359
the council would be able to engage in a

584
00:43:41,359 --> 00:43:42,480
discussion with that member of the

585
00:43:42,480 --> 00:43:44,560
public on whatever that topic is because

586
00:43:44,560 --> 00:43:46,880
it has been properly noticed. and number

587
00:43:46,880 --> 00:43:49,280
two, the other members of the public

588
00:43:49,280 --> 00:43:51,200
would know what is going to be briefed

589
00:43:51,200 --> 00:43:53,920
or discussed in front of the council.

590
00:43:53,920 --> 00:43:55,920
So, we think that would be a much better

591
00:43:55,920 --> 00:43:57,359
approach. We think that would comply

592
00:43:57,359 --> 00:43:59,760
with the open meetings act there. The

593
00:43:59,760 --> 00:44:02,079
current public comment period that isn't

594
00:44:02,079 --> 00:44:04,240
properly noticed where uh with the

595
00:44:04,240 --> 00:44:05,280
description of what's going to be

596
00:44:05,280 --> 00:44:07,520
discussed, there's no action taken right

597
00:44:07,520 --> 00:44:10,880
now. So, it would be difficult for any

598
00:44:10,880 --> 00:44:13,440
claimant to try to undo an action that

599
00:44:13,440 --> 00:44:15,520
was done, but we still want to make sure

600
00:44:15,520 --> 00:44:17,760
we're complying with the act. And I

601
00:44:17,760 --> 00:44:19,440
think allowing members of the public to

602
00:44:19,440 --> 00:44:22,160
submit items ahead of time would uh

603
00:44:22,160 --> 00:44:24,079
still fulfill the spirit of allowing the

604
00:44:24,079 --> 00:44:27,040
public to speak.

605
00:44:27,040 --> 00:44:28,880
>> With that, I'm here to answer any

606
00:44:28,880 --> 00:44:29,920
questions. I know there's a lot of

607
00:44:29,920 --> 00:44:31,920
interested people here to speak on this.

608
00:44:31,920 --> 00:44:34,319
>> Councilman Councilman her.

609
00:44:34,319 --> 00:44:37,520
>> Uh, thank you, Mayor. Um, Travis, I know

610
00:44:37,520 --> 00:44:38,720
you and I have talked about this a

611
00:44:38,720 --> 00:44:40,079
little bit and I really appreciate you

612
00:44:40,079 --> 00:44:42,480
bringing it forward. I honestly do. Um,

613
00:44:42,480 --> 00:44:44,880
I think it's time we have had these

614
00:44:44,880 --> 00:44:46,720
discussions and I think it's time we do

615
00:44:46,720 --> 00:44:49,040
move this to the public arena so that we

616
00:44:49,040 --> 00:44:52,319
can we can hash it out and and hopefully

617
00:44:52,319 --> 00:44:55,760
get it right. Um, I I agree with you

618
00:44:55,760 --> 00:44:58,000
that I from from what I've been able to

619
00:44:58,000 --> 00:45:00,079
the short time I've had this and been

620
00:45:00,079 --> 00:45:01,599
able to consider it, I agree with you

621
00:45:01,599 --> 00:45:04,640
that we are under the present format. I

622
00:45:04,640 --> 00:45:06,480
think we are probably in violation

623
00:45:06,480 --> 00:45:09,920
because of the way we do it. Um, I have

624
00:45:09,920 --> 00:45:13,119
found about five other communities that

625
00:45:13,119 --> 00:45:15,440
seem to be doing

626
00:45:15,440 --> 00:45:18,400
what we were doing with one caveat. I'll

627
00:45:18,400 --> 00:45:21,119
get to that in a second, but Lincoln has

628
00:45:21,119 --> 00:45:26,240
a um they call it something

629
00:45:26,240 --> 00:45:27,920
different, but they have a basically a

630
00:45:27,920 --> 00:45:30,800
public comment period. Um, so does L

631
00:45:30,800 --> 00:45:33,200
Vista, so does Pilion.

632
00:45:33,200 --> 00:45:36,560
um Arie, Norfolk,

633
00:45:36,560 --> 00:45:38,640
and those were just the five that I

634
00:45:38,640 --> 00:45:45,040
found real quick. Um you know, doing my keyboard warrior routine. Um

635
00:45:45,040 --> 00:45:47,920
but anyways, you know, the one striking

636
00:45:47,920 --> 00:45:49,599
difference in what they're doing versus

637
00:45:49,599 --> 00:45:53,200
what we're not is that theirs are an

638
00:45:53,200 --> 00:45:55,040
official part of the agenda

639
00:45:55,040 --> 00:45:59,280
>> as public comments and theirs um um

640
00:45:59,280 --> 00:46:01,200
comes after the meeting's been called to

641
00:46:01,200 --> 00:46:04,240
order. um hours. That's the one striking

642
00:46:04,240 --> 00:46:08,240
difference is that it's before we call

643
00:46:08,240 --> 00:46:11,040
the meeting to order. And you know, as

644
00:46:11,040 --> 00:46:12,480
if it's not part of the meeting,

645
00:46:12,480 --> 00:46:14,960
although it it it it actually is part of

646
00:46:14,960 --> 00:46:17,040
the meeting. It's just before we call

647
00:46:17,040 --> 00:46:19,599
the meeting to order. Um and and I think

648
00:46:19,599 --> 00:46:22,240
that's a bit of a technicality um that

649
00:46:22,240 --> 00:46:25,280
we can fix. I would rather do that than

650
00:46:25,280 --> 00:46:27,440
I would see to strike and kill this. I

651
00:46:27,440 --> 00:46:31,839
think it's just too important um to the

652
00:46:31,839 --> 00:46:37,440
citizens of Fremont to um have the Now, the one thing I do want to make

653
00:46:37,440 --> 00:46:39,200
clear too is that this is not killing

654
00:46:39,200 --> 00:46:41,359
access. If we were to do this, if for

655
00:46:41,359 --> 00:46:43,040
some reason, guys, we were to do this.

656
00:46:43,040 --> 00:46:45,280
doesn't kill access.

657
00:46:45,280 --> 00:46:47,040
You can go out on our website and you

658
00:46:47,040 --> 00:46:48,960
can find eight phone numbers to call

659
00:46:48,960 --> 00:46:50,480
these people right here. You can find

660
00:46:50,480 --> 00:46:52,079
the mayor's phone number. You can find

661
00:46:52,079 --> 00:46:54,720
Jod's. You can find Travis yours. You

662
00:46:54,720 --> 00:46:56,240
can find everybody's phone number.

663
00:46:56,240 --> 00:46:59,599
There's access all over the place. Okay.

664
00:46:59,599 --> 00:47:01,280
The difference though in this, and this

665
00:47:01,280 --> 00:47:03,280
is where I think it's key, the

666
00:47:03,280 --> 00:47:05,280
difference is it's face toface. You can

667
00:47:05,280 --> 00:47:07,280
come and you can orally present your

668
00:47:07,280 --> 00:47:10,160
case and sometimes people just feel they

669
00:47:10,160 --> 00:47:13,520
need to do that. And I think we need to

670
00:47:13,520 --> 00:47:16,079
continue to provide that outlet. We have

671
00:47:16,079 --> 00:47:18,720
to comply. So, we've got to figure that

672
00:47:18,720 --> 00:47:21,920
piece out. So, I'm gonna I do have some

673
00:47:21,920 --> 00:47:23,599
thoughts on that, but I'm going to stop

674
00:47:23,599 --> 00:47:25,040
because I know there's a lot of other

675
00:47:25,040 --> 00:47:27,520
people talking.

676
00:47:27,520 --> 00:47:31,510
Councilwoman,

677
00:47:31,520 --> 00:47:33,920
» okay, I get to talk second. That's

678
00:47:33,920 --> 00:47:37,440
great. Uh, we need to be finding ways

679
00:47:37,440 --> 00:47:39,920
for our bosses, which are our taxpayers,

680
00:47:39,920 --> 00:47:42,880
which are you, the opportunity to share

681
00:47:42,880 --> 00:47:45,599
their thoughts with us. And so, it's

682
00:47:45,599 --> 00:47:48,640
important that we find opportunities as

683
00:47:48,640 --> 00:47:52,880
our councilman her projected and I had

684
00:47:52,880 --> 00:47:55,280
found the same thing. I did go out and

685
00:47:55,280 --> 00:47:58,560
check and yes, Lincoln is at the very

686
00:47:58,560 --> 00:48:01,520
end public comment. Anyone wishing to

687
00:48:01,520 --> 00:48:04,480
address the council on items that are on

688
00:48:04,480 --> 00:48:08,160
the agenda or not on the agenda and may

689
00:48:08,160 --> 00:48:10,560
not appear on future agendas can do an

690
00:48:10,560 --> 00:48:13,359
open mic session is what they call it,

691
00:48:13,359 --> 00:48:15,280
but at least they're allowed total of

692
00:48:15,280 --> 00:48:17,680
five minutes. So there's a time frame

693
00:48:17,680 --> 00:48:20,560
again. And so for the month of August,

694
00:48:20,560 --> 00:48:23,119
they it was August 10th and August 31st

695
00:48:23,119 --> 00:48:25,920
this year. I also found a couple others.

696
00:48:25,920 --> 00:48:30,000
You probably found the same two. Nor

697
00:48:30,000 --> 00:48:34,960
has it. And again, it was uh August 3rd

698
00:48:34,960 --> 00:48:37,119
meeting of Norfork City Council. Item

699
00:48:37,119 --> 00:48:41,280
number five says public comment period.

700
00:48:41,280 --> 00:48:44,319
So on August 4th, Gretna City Council

701
00:48:44,319 --> 00:48:46,480
meeting, item number three is public

702
00:48:46,480 --> 00:48:48,800
comment.

703
00:48:48,800 --> 00:48:50,880
And Councilman her pointed out the main

704
00:48:50,880 --> 00:48:54,319
difference it's on their agenda. It's

705
00:48:54,319 --> 00:48:58,400
not a it's not before our official

706
00:48:58,400 --> 00:49:00,960
meeting. So when we have all of us

707
00:49:00,960 --> 00:49:04,960
together that's constitutes a meeting

708
00:49:04,960 --> 00:49:07,520
and we are not abiding by that. I think

709
00:49:07,520 --> 00:49:09,760
we need to I do believe we need to abide

710
00:49:09,760 --> 00:49:13,040
by it. But before we do, we need to find

711
00:49:13,040 --> 00:49:16,880
ways and opportunities to have public

712
00:49:16,880 --> 00:49:20,880
have their their thoughts and speech

713
00:49:20,880 --> 00:49:23,280
heard by all of us. So, we need to

714
00:49:23,280 --> 00:49:33,750
continue finding ways to have public comment.

715
00:49:33,760 --> 00:49:36,000
» Okay.

716
00:49:36,000 --> 00:49:38,160
Councilman Jensen,

717
00:49:38,160 --> 00:49:40,480
>> um I agree with most of what's been

718
00:49:40,480 --> 00:49:43,599
said. So far, I guess I'll say I'm the

719
00:49:43,599 --> 00:49:45,040
only one sitting here on council was

720
00:49:45,040 --> 00:49:47,839
actually on this council when this when

721
00:49:47,839 --> 00:49:50,480
this ordinance was brought forward. And

722
00:49:50,480 --> 00:49:52,880
uh I'll be honest, I've been a little

723
00:49:52,880 --> 00:49:55,119
disappointed in what it's evolved into.

724
00:49:55,119 --> 00:49:57,119
I I think we can do it better. I think

725
00:49:57,119 --> 00:49:58,559
we need to do something, but we need to

726
00:49:58,559 --> 00:49:59,839
do better than what we're doing right

727
00:49:59,839 --> 00:50:02,079
now.

728
00:50:02,079 --> 00:50:05,920
>> Councilman von Baron. Yeah, this is I

729
00:50:05,920 --> 00:50:07,680
know we've all invested a lot of time in

730
00:50:07,680 --> 00:50:10,480
this one because it's a this this one

731
00:50:10,480 --> 00:50:13,040
has a long tail. It probably actually

732
00:50:13,040 --> 00:50:15,760
goes back to somewhere around 2008.

733
00:50:15,760 --> 00:50:17,520
That's [snorts] there's a lot of history

734
00:50:17,520 --> 00:50:20,000
behind that. But I think what's

735
00:50:20,000 --> 00:50:21,680
sensitive here is there have been

736
00:50:21,680 --> 00:50:24,319
multiple attempts to eliminate public

737
00:50:24,319 --> 00:50:28,319
comment. And I think what's even been

738
00:50:28,319 --> 00:50:31,200
more frustrating, there have been

739
00:50:31,200 --> 00:50:34,160
multiple requests, multiple suggestions

740
00:50:34,160 --> 00:50:37,680
as to how to improve public comment. And

741
00:50:37,680 --> 00:50:40,079
I think we as a city have to admit that

742
00:50:40,079 --> 00:50:42,319
we have done nothing to improve the

743
00:50:42,319 --> 00:50:44,800
process. We've done nothing to provide a

744
00:50:44,800 --> 00:50:46,880
response. We've let people come and sit

745
00:50:46,880 --> 00:50:49,359
and feel like they've been ignored and

746
00:50:49,359 --> 00:50:51,359
then we've made attempts to get rid of

747
00:50:51,359 --> 00:50:53,359
this process. I think we need to be

748
00:50:53,359 --> 00:50:55,200
sensitive to the fact that that has

749
00:50:55,200 --> 00:50:58,559
presented a very bad image of what we

750
00:50:58,559 --> 00:51:00,800
are and what we're trying to accomplish.

751
00:51:00,800 --> 00:51:03,040
Two years ago, Travis, I brought your

752
00:51:03,040 --> 00:51:05,359
suggestion to the council that we let

753
00:51:05,359 --> 00:51:08,160
the public put items on the agenda. I

754
00:51:08,160 --> 00:51:11,040
think that was a 7 to1 vote. That didn't

755
00:51:11,040 --> 00:51:13,359
see the light of day. I could not

756
00:51:13,359 --> 00:51:15,040
understand why the public couldn't bring

757
00:51:15,040 --> 00:51:16,960
forth an item, but we brought we brought

758
00:51:16,960 --> 00:51:19,440
that almost that exact motion and it got

759
00:51:19,440 --> 00:51:22,880
voted down soundly. So, I think one of

760
00:51:22,880 --> 00:51:25,200
the lessons here, and I'm glad this is

761
00:51:25,200 --> 00:51:27,440
coming up again, but this is not a new

762
00:51:27,440 --> 00:51:30,160
issue, and at some point, if we're going

763
00:51:30,160 --> 00:51:33,520
to look at abolishing this, we better

764
00:51:33,520 --> 00:51:35,280
come up with something that's

765
00:51:35,280 --> 00:51:37,440
acceptable, that's at least as good,

766
00:51:37,440 --> 00:51:39,680
where the public is not restricted as

767
00:51:39,680 --> 00:51:41,359
proposed right now. One of the

768
00:51:41,359 --> 00:51:43,920
consequences, if we're not careful, all

769
00:51:43,920 --> 00:51:45,520
they're going to comment on is what we

770
00:51:45,520 --> 00:51:47,440
want to talk about, what's on the

771
00:51:47,440 --> 00:51:50,319
agenda. And we need to be very cons care

772
00:51:50,319 --> 00:51:54,240
careful of that. And I I don't I

773
00:51:54,240 --> 00:51:56,480
understand our intent and this precedes

774
00:51:56,480 --> 00:51:58,960
any of us here, but I also understand

775
00:51:58,960 --> 00:52:02,480
the skepticism. So, thank you,

776
00:52:02,480 --> 00:52:04,319
>> Councilman Marsh.

777
00:52:04,319 --> 00:52:06,000
>> You pretty much stole the words right

778
00:52:06,000 --> 00:52:07,280
out of my mouth for everything you said

779
00:52:07,280 --> 00:52:08,880
there. And I guess I would like to

780
00:52:08,880 --> 00:52:10,319
anytime you read something that says

781
00:52:10,319 --> 00:52:13,040
taking away someone's voice, if they

782
00:52:13,040 --> 00:52:14,880
have never been to one of those public

783
00:52:14,880 --> 00:52:16,640
comments sections, it's it's very

784
00:52:16,640 --> 00:52:19,040
awkward. Someone else mentioned that is

785
00:52:19,040 --> 00:52:21,200
um maybe get here late or didn't realize

786
00:52:21,200 --> 00:52:23,119
that that we cannot respond and they

787
00:52:23,119 --> 00:52:24,960
come up and and plead their case and we

788
00:52:24,960 --> 00:52:26,160
sit there and nod our head and make our

789
00:52:26,160 --> 00:52:27,760
notes and they walk away and they have

790
00:52:27,760 --> 00:52:30,640
no idea if we even agree or or we're

791
00:52:30,640 --> 00:52:32,079
accepting what they're saying and

792
00:52:32,079 --> 00:52:33,520
there's no worse feeling than not being

793
00:52:33,520 --> 00:52:35,839
heard and uh so we certainly need to

794
00:52:35,839 --> 00:52:43,030
look at this that's for sure.

795
00:52:43,040 --> 00:52:46,720
Um, so I've spoken with all of the

796
00:52:46,720 --> 00:52:50,880
members of the council and um,

797
00:52:50,880 --> 00:52:53,040
generally we all agree that we don't

798
00:52:53,040 --> 00:52:56,480
want to take anyone's voice away. It's

799
00:52:56,480 --> 00:52:59,599
just a different format that we are

800
00:52:59,599 --> 00:53:02,640
having to present it, give you the

801
00:53:02,640 --> 00:53:05,920
opportunity to speak. So it's not taking

802
00:53:05,920 --> 00:53:09,680
it away. Um there's been stuff all over

803
00:53:09,680 --> 00:53:12,000
social media saying that we wanted to

804
00:53:12,000 --> 00:53:15,760
quiet the constituents. That is so not

805
00:53:15,760 --> 00:53:20,319
true. Um we want to hear from people. Um

806
00:53:20,319 --> 00:53:25,119
we do however want it done in a way that

807
00:53:25,119 --> 00:53:28,559
the staff, the council are not being

808
00:53:28,559 --> 00:53:32,400
attacked. Um there's there's just really

809
00:53:32,400 --> 00:53:34,559
no room for that. I think people can

810
00:53:34,559 --> 00:53:37,359
make their point without attacking

811
00:53:37,359 --> 00:53:40,880
anybody up here or anybody on the staff.

812
00:53:40,880 --> 00:53:44,800
So I think we all need to be, you know,

813
00:53:44,800 --> 00:53:51,270
conscious of that.

814
00:53:51,280 --> 00:53:56,150
Marin, did you have Okay.

815
00:53:56,160 --> 00:54:00,470
Anybody else?

816
00:54:00,480 --> 00:54:06,309
I'll take public comment.

817
00:54:06,319 --> 00:54:12,470
I got five for this.

818
00:54:12,480 --> 00:54:14,559
» All right, Scott Preston, 1717 East 12th

819
00:54:14,559 --> 00:54:15,680
Street. I'm going to go just a hair off

820
00:54:15,680 --> 00:54:16,960
my script because I do have the five

821
00:54:16,960 --> 00:54:19,599
minutes. First of all, um about the the

822
00:54:19,599 --> 00:54:23,760
comment regarding uh city employees and attacking. I agree with you. City of

823
00:54:23,760 --> 00:54:28,480
Lexington solves that by saying in the agenda that public comment is

824
00:54:28,480 --> 00:54:31,760
allowed but uh you may not attack any

825
00:54:31,760 --> 00:54:33,920
city employee. They cover that. They do

826
00:54:33,920 --> 00:54:35,680
it in that way. So it can be done on the

827
00:54:35,680 --> 00:54:37,920
regular agenda. Now so the staff report

828
00:54:37,920 --> 00:54:40,160
was clear in its reasoning for ordinance

829
00:54:40,160 --> 00:54:43,760
5755 to directly quote the council. Uh

830
00:54:43,760 --> 00:54:45,599
we would need advanced publicized notice

831
00:54:45,599 --> 00:54:47,119
of the topics to be discussed as

832
00:54:47,119 --> 00:54:50,000
required by 84-1411E.

833
00:54:50,000 --> 00:54:51,680
This does not happen under the format

834
00:54:51,680 --> 00:54:54,880
described in FM FMC2-103

835
00:54:54,880 --> 00:54:56,480
and the same should be eliminated to

836
00:54:56,480 --> 00:54:58,720
comply with Nebraska law. Now, he

837
00:54:58,720 --> 00:55:00,240
referenced and I have right here with me

838
00:55:00,240 --> 00:55:02,880
and sent to your emails today a scan

839
00:55:02,880 --> 00:55:04,720
copy of a letter that the attorney

840
00:55:04,720 --> 00:55:06,160
general and assistant attorney general

841
00:55:06,160 --> 00:55:08,720
wrote to Susan Jacobus on November 19th,

842
00:55:08,720 --> 00:55:11,280
2018. At that time, M. Jacobus was

843
00:55:11,280 --> 00:55:12,480
concerned that a member of the public

844
00:55:12,480 --> 00:55:14,240
was permitted to comment during a

845
00:55:14,240 --> 00:55:15,920
utility and infrastructure board meeting

846
00:55:15,920 --> 00:55:18,480
on a topic without that item or public

847
00:55:18,480 --> 00:55:20,559
comment being on the agenda. And the

848
00:55:20,559 --> 00:55:24,559
response that uh that that he gave was was lengthy and there were several

849
00:55:24,559 --> 00:55:26,880
other issues involved. But the key point

850
00:55:26,880 --> 00:55:29,280
uh has very very clear language. It says

851
00:55:29,280 --> 00:55:31,280
we understand that the board allows

852
00:55:31,280 --> 00:55:33,359
public comment at each of its meetings.

853
00:55:33,359 --> 00:55:36,000
Its agendas should so reflect. We would

854
00:55:36,000 --> 00:55:38,319
instruct the board to add an agenda item

855
00:55:38,319 --> 00:55:40,240
to its meetings for public comment to

856
00:55:40,240 --> 00:55:42,160
properly alert members of the public

857
00:55:42,160 --> 00:55:43,839
that they will be permitted to address

858
00:55:43,839 --> 00:55:45,839
the board at its meetings. The board,

859
00:55:45,839 --> 00:55:47,760
however, may allow members of the public

860
00:55:47,760 --> 00:55:50,480
to address it on any topic and is not

861
00:55:50,480 --> 00:55:52,319
required to limit public comment only to

862
00:55:52,319 --> 00:55:54,559
items found on the agenda, provided that

863
00:55:54,559 --> 00:55:57,040
the public comment period itself is on

864
00:55:57,040 --> 00:55:58,880
the agenda. I want to repeat that last

865
00:55:58,880 --> 00:56:01,280
line. It's very clear. The board,

866
00:56:01,280 --> 00:56:03,440
however, may allow members of the public

867
00:56:03,440 --> 00:56:06,640
to address it on any topic and is not

868
00:56:06,640 --> 00:56:09,280
required to limit public comment only to

869
00:56:09,280 --> 00:56:11,520
items found on the agenda, provided that

870
00:56:11,520 --> 00:56:14,160
the public comment period itself is not

871
00:56:14,160 --> 00:56:16,480
or is on the agenda. And when it comes

872
00:56:16,480 --> 00:56:18,559
to the staff report, it seems to be

873
00:56:18,559 --> 00:56:20,720
heavily leaning on this excerpt from

874
00:56:20,720 --> 00:56:23,359
84-1411E.

875
00:56:23,359 --> 00:56:25,119
quote, "Agenda items shall be

876
00:56:25,119 --> 00:56:26,880
sufficiently descriptive to give the

877
00:56:26,880 --> 00:56:29,040
public reasonable notice of the matters

878
00:56:29,040 --> 00:56:31,200
to be considered at the meeting." And I

879
00:56:31,200 --> 00:56:33,200
want you to know that that particular

880
00:56:33,200 --> 00:56:35,200
passage was added to the Open Meetings

881
00:56:35,200 --> 00:56:39,359
Act in 2006, 12 years prior to the

882
00:56:39,359 --> 00:56:41,440
Attorney General's letter. The AG's

883
00:56:41,440 --> 00:56:42,880
office would have been well aware of

884
00:56:42,880 --> 00:56:45,200
that change and didn't view it as an

885
00:56:45,200 --> 00:56:47,440
impediment to open public comment

886
00:56:47,440 --> 00:56:50,240
properly put on the agenda. I'd like to

887
00:56:50,240 --> 00:56:51,520
add that I'd like to thank you for

888
00:56:51,520 --> 00:56:53,920
mentioning Lincoln uh in in this

889
00:56:53,920 --> 00:56:56,559
discussion because I reached out to the

890
00:56:56,559 --> 00:56:58,640
Lincoln City Attorney's Office and I did

891
00:56:58,640 --> 00:57:00,720
hear from Chris Connelly, the assistant

892
00:57:00,720 --> 00:57:02,640
city attorney. I asked if they had any

893
00:57:02,640 --> 00:57:05,359
concerns about the legality of having

894
00:57:05,359 --> 00:57:07,839
open public comment and and I did get

895
00:57:07,839 --> 00:57:09,520
here was his quote. He said that he was

896
00:57:09,520 --> 00:57:12,640
not aware of any complaints to our

897
00:57:12,640 --> 00:57:16,000
office or concerns from anyone that our

898
00:57:16,000 --> 00:57:18,559
open public comment sessions are

899
00:57:18,559 --> 00:57:20,319
illegal. And also I'd note that the

900
00:57:20,319 --> 00:57:21,920
views of Adams and Sullivan here are not

901
00:57:21,920 --> 00:57:24,000
shared by all Nebraska attorneys. The

902
00:57:24,000 --> 00:57:26,559
Nebraska law firm Rimol Luki wrote in

903
00:57:26,559 --> 00:57:29,440
2024 that to comply with the open

904
00:57:29,440 --> 00:57:31,520
meetings act as amended, public bodies

905
00:57:31,520 --> 00:57:33,200
should include an open mic public

906
00:57:33,200 --> 00:57:35,680
comment period at every public meeting.

907
00:57:35,680 --> 00:57:37,440
Now, I don't necessarily agree with that

908
00:57:37,440 --> 00:57:40,079
interpretation 100%. But you guys should

909
00:57:40,079 --> 00:57:41,200
know that there are other

910
00:57:41,200 --> 00:57:43,200
interpretations of this statute out

911
00:57:43,200 --> 00:57:46,079
there. And now, usually I come before

912
00:57:46,079 --> 00:57:49,359
you to complain. But tonight, I think

913
00:57:49,359 --> 00:57:51,440
there's a relatively simple solution. We

914
00:57:51,440 --> 00:57:53,119
need to bring public comment onto the

915
00:57:53,119 --> 00:57:55,280
regular agenda in the way that Lincoln

916
00:57:55,280 --> 00:57:57,280
does and and Scotsluff and all the other

917
00:57:57,280 --> 00:57:59,440
cities that you mentioned. Set a three

918
00:57:59,440 --> 00:58:01,200
minute per person rule. Cap the time at

919
00:58:01,200 --> 00:58:02,480
30 minutes, and during most meetings,

920
00:58:02,480 --> 00:58:04,400
you'll be able to move on in less than

921
00:58:04,400 --> 00:58:05,680
10 minutes. I've been here for the

922
00:58:05,680 --> 00:58:07,920
public comment period before. Sometimes

923
00:58:07,920 --> 00:58:10,319
only two or three folks. And you know,

924
00:58:10,319 --> 00:58:12,559
the law can be followed, the public can

925
00:58:12,559 --> 00:58:14,720
be heard, and we're going to save you

926
00:58:14,720 --> 00:58:16,079
some time in the process because if

927
00:58:16,079 --> 00:58:17,920
nobody's here, nobody signs up, just

928
00:58:17,920 --> 00:58:19,040
move on, and you don't have to look at

929
00:58:19,040 --> 00:58:23,119
each other for a half an hour. Um, it's a win all around. So, I think you

930
00:58:23,119 --> 00:58:24,480
need to vote no on this ordinance

931
00:58:24,480 --> 00:58:26,319
tonight. Take it back to the drawing

932
00:58:26,319 --> 00:58:27,920
board because we can and certainly

933
00:58:27,920 --> 00:58:30,480
should do better. Thank you.

934
00:58:30,480 --> 00:58:34,400
>> Thank you. [clears throat] Anybody

935
00:58:34,400 --> 00:58:39,670
else?

936
00:58:39,680 --> 00:58:40,960
Please state your name and address,

937
00:58:40,960 --> 00:58:42,480
please.

938
00:58:42,480 --> 00:58:45,119
>> Jonathan Shahan, 1205, County Roadex,

939
00:58:45,119 --> 00:58:47,440
Fremont, Nebraska. Earlier today, my

940
00:58:47,440 --> 00:58:49,359
signed written objection to ordinance

941
00:58:49,359 --> 00:58:52,160
number 5755 was provided by email to

942
00:58:52,160 --> 00:58:53,920
every member of the city council, the

943
00:58:53,920 --> 00:58:55,839
mayor, and the city clerk. Before this

944
00:58:55,839 --> 00:58:57,520
meeting began, I also delivered a paper

945
00:58:57,520 --> 00:58:59,680
copy directly to the city clerk. I am

946
00:58:59,680 --> 00:59:01,680
now presenting that written objection in

947
00:59:01,680 --> 00:59:03,520
connection with this agenda item and ask

948
00:59:03,520 --> 00:59:05,040
that it be retained as part of the

949
00:59:05,040 --> 00:59:07,520
record and reflected in the minutes. The

950
00:59:07,520 --> 00:59:09,040
central point of that objection is

951
00:59:09,040 --> 00:59:11,359
simple. Eliminating Fremont's regular

952
00:59:11,359 --> 00:59:13,359
public comment period is not required by

953
00:59:13,359 --> 00:59:16,079
the Nebraska Open Meetings Act. At the

954
00:59:16,079 --> 00:59:17,680
last city council meeting, a citizen

955
00:59:17,680 --> 00:59:19,200
objected to the way Fremont was

956
00:59:19,200 --> 00:59:21,040
conducting public comment. That

957
00:59:21,040 --> 00:59:23,520
procedural problem can be fixed.

958
00:59:23,520 --> 00:59:25,440
Instead, the city is using that

959
00:59:25,440 --> 00:59:27,520
procedural issue as justification to

960
00:59:27,520 --> 00:59:29,359
eliminate Fremont's regular public

961
00:59:29,359 --> 00:59:31,839
comment period altogether. Those are two

962
00:59:31,839 --> 00:59:33,839
completely different things. The city

963
00:59:33,839 --> 00:59:35,520
can comply with the open meetings act

964
00:59:35,520 --> 00:59:38,240
without taking away the public's regular

965
00:59:38,240 --> 00:59:40,480
opportunity to address the council. If

966
00:59:40,480 --> 00:59:42,720
this ordinance passes, it will not be

967
00:59:42,720 --> 00:59:44,400
because state law required it. It will

968
00:59:44,400 --> 00:59:46,079
be because the city council chose to

969
00:59:46,079 --> 00:59:47,760
silence the constituents who elected

970
00:59:47,760 --> 00:59:50,559
them. Make no mistake, this is a policy

971
00:59:50,559 --> 00:59:52,559
decision. The question is simple. Should

972
00:59:52,559 --> 00:59:54,559
citizens continue to have a regular

973
00:59:54,559 --> 00:59:56,720
opport to have a regular opportunity to

974
00:59:56,720 --> 00:59:57,920
come before their elected

975
00:59:57,920 --> 00:59:59,760
representatives and be heard or will the

976
00:59:59,760 --> 01:00:01,920
members of the city council based on

977
01:00:01,920 --> 01:00:04,079
legal advice that misstates what the

978
01:00:04,079 --> 01:00:06,240
open meetings act requires decide that

979
01:00:06,240 --> 01:00:08,720
access to your elected officials should

980
01:00:08,720 --> 01:00:11,520
be taken away. Do not let the

981
01:00:11,520 --> 01:00:13,280
elimination of Fremont's regular public

982
01:00:13,280 --> 01:00:15,440
comment period be sold to the public as

983
01:00:15,440 --> 01:00:17,280
something required by the Nebraska Open

984
01:00:17,280 --> 01:00:20,160
Meetings Act. It isn't. Thank you.

985
01:00:20,160 --> 01:00:22,400
>> Thank you.

986
01:00:22,400 --> 01:00:30,470
Anybody else?

987
01:00:30,480 --> 01:00:32,799
» Your name and address, please.

988
01:00:32,799 --> 01:00:36,079
>> Don Atwell, 1650 North Broad Street,

989
01:00:36,079 --> 01:00:38,880
Fremont, Nebraska. Thank you for hearing

990
01:00:38,880 --> 01:00:42,160
my concern, council. Mr. Mayor, uh, I do

991
01:00:42,160 --> 01:00:44,720
not pretend to know, I'm not a lawyer. I

992
01:00:44,720 --> 01:00:46,640
don't pretend to know all the rules and

993
01:00:46,640 --> 01:00:48,160
laws concerning public meetings.

994
01:00:48,160 --> 01:00:51,119
understand that local laws uh must be in

995
01:00:51,119 --> 01:00:52,720
compliance with state laws and higher

996
01:00:52,720 --> 01:00:54,400
authorities. That's understandable.

997
01:00:54,400 --> 01:00:56,720
However, I find it difficult to believe

998
01:00:56,720 --> 01:00:58,640
that the Open Meetings Act would have

999
01:00:58,640 --> 01:01:01,040
language that would discourage a

1000
01:01:01,040 --> 01:01:03,599
community's voice on issues that concern

1001
01:01:03,599 --> 01:01:06,720
them. I understand that public comments

1002
01:01:06,720 --> 01:01:08,960
can be uncomfortable.

1003
01:01:08,960 --> 01:01:11,599
Common commentators can be at times

1004
01:01:11,599 --> 01:01:14,480
rude, untruthful,

1005
01:01:14,480 --> 01:01:16,400
ill-informed,

1006
01:01:16,400 --> 01:01:18,799
uh, self-serving, etc. He probably could

1007
01:01:18,799 --> 01:01:21,359
add to the list considerably. I commend

1008
01:01:21,359 --> 01:01:23,599
this council's patience in in hearing

1009
01:01:23,599 --> 01:01:25,760
those and listening those. A

1010
01:01:25,760 --> 01:01:27,599
representative form of government is

1011
01:01:27,599 --> 01:01:30,079
fundamental to a free society. A

1012
01:01:30,079 --> 01:01:31,520
government left to the hands of

1013
01:01:31,520 --> 01:01:34,480
unelected, unaccountable bureaucrats is

1014
01:01:34,480 --> 01:01:37,119
another step away from a free society

1015
01:01:37,119 --> 01:01:40,079
and toward totalitarianism.

1016
01:01:40,079 --> 01:01:42,240
Public comment on matters that affect

1017
01:01:42,240 --> 01:01:44,480
community is not only necessary for

1018
01:01:44,480 --> 01:01:47,119
gaining perspective on how potential

1019
01:01:47,119 --> 01:01:49,599
decisions may affect the community, but

1020
01:01:49,599 --> 01:01:51,920
can also yield useful suggestions and

1021
01:01:51,920 --> 01:01:53,680
information to assist in the

1022
01:01:53,680 --> 01:01:56,079
decision-making process.

1023
01:01:56,079 --> 01:01:58,000
Therefore, I ask the council's continued

1024
01:01:58,000 --> 01:02:00,880
patience. I'm sure that the same lawyers

1025
01:02:00,880 --> 01:02:03,119
that are pushing for the elimination of

1026
01:02:03,119 --> 01:02:04,799
the public comment section of the

1027
01:02:04,799 --> 01:02:07,599
meetings can find a way to legally

1028
01:02:07,599 --> 01:02:10,240
preserve the public's voice in local

1029
01:02:10,240 --> 01:02:13,760
affairs if they are directed to do so by

1030
01:02:13,760 --> 01:02:16,319
those to whom they are accountable. The

1031
01:02:16,319 --> 01:02:18,240
thing that makes me most suspicious of

1032
01:02:18,240 --> 01:02:20,000
this is we're in a sounds like we're in

1033
01:02:20,000 --> 01:02:22,319
a big hurry to eliminate it with nothing

1034
01:02:22,319 --> 01:02:24,400
to take his place. And I understand you

1035
01:02:24,400 --> 01:02:26,160
Mr. Von Baron, this has been an issue

1036
01:02:26,160 --> 01:02:28,559
since 2008.

1037
01:02:28,559 --> 01:02:31,680
Two 18 years. 18 years we've had an

1038
01:02:31,680 --> 01:02:34,240
opportunity to come up with a solution.

1039
01:02:34,240 --> 01:02:36,079
It seems like we're in a big hurry to to

1040
01:02:36,079 --> 01:02:37,839
end it. That's what makes me suspicious.

1041
01:02:37,839 --> 01:02:40,000
I don't know about anybody else, but uh

1042
01:02:40,000 --> 01:02:43,119
thank you very much for attention.

1043
01:02:43,119 --> 01:02:46,390
>> Thank you.

1044
01:02:46,400 --> 01:02:55,589
Anybody else on this?

1045
01:02:55,599 --> 01:02:56,880
Please state your name and address,

1046
01:02:56,880 --> 01:02:59,393
please.

1047
01:02:59,393 --> 01:03:00,240
[clears throat]

1048
01:03:00,240 --> 01:03:03,040
My name is Teresa McGrander at 1825

1049
01:03:03,040 --> 01:03:06,319
North Keen Avenue, Fremont, Nebraska.

1050
01:03:06,319 --> 01:03:09,359
Um, good evening. This issue isn't about

1051
01:03:09,359 --> 01:03:12,079
one person or one organization.

1052
01:03:12,079 --> 01:03:14,160
It's about every resident here in

1053
01:03:14,160 --> 01:03:17,520
Fremont, Dodge County. Someday each of

1054
01:03:17,520 --> 01:03:19,920
us have a concern that isn't already on

1055
01:03:19,920 --> 01:03:23,760
the council's agenda. Plus, you guys can

1056
01:03:23,760 --> 01:03:26,319
remove what is on the agenda. I just saw

1057
01:03:26,319 --> 01:03:30,880
you do three of them tonight. So, if we

1058
01:03:30,880 --> 01:03:32,640
put something on your agenda, who's

1059
01:03:32,640 --> 01:03:34,480
going to say you're not going to vote to

1060
01:03:34,480 --> 01:03:37,039
remove it?

1061
01:03:37,039 --> 01:03:42,720
I don't know. So, do we ensure our local

1062
01:03:42,720 --> 01:03:45,760
um officials to hear us. The public

1063
01:03:45,760 --> 01:03:47,520
comment isn't always comfortable and

1064
01:03:47,520 --> 01:03:49,839
sometimes citizens praise the government

1065
01:03:49,839 --> 01:03:52,799
and sometimes they criticize them. Both

1066
01:03:52,799 --> 01:03:55,280
are a healthy democracy.

1067
01:03:55,280 --> 01:03:57,839
Please do not

1068
01:03:57,839 --> 01:04:00,400
reduce the opportunity for the public

1069
01:04:00,400 --> 01:04:02,240
participation.

1070
01:04:02,240 --> 01:04:06,079
For years, there's been repeated

1071
01:04:06,079 --> 01:04:08,319
attempts to eliminate the public

1072
01:04:08,319 --> 01:04:11,359
comments and addresses. I don't even

1073
01:04:11,359 --> 01:04:14,559
know who represents my ward.

1074
01:04:14,559 --> 01:04:19,119
I've never spoke to her anybody. Deb

1075
01:04:19,119 --> 01:04:21,680
represented my ward because I voted for

1076
01:04:21,680 --> 01:04:24,160
him. Now he's a mayor. Who represents

1077
01:04:24,160 --> 01:04:29,760
me? Who represents my ward? I don't know

1078
01:04:29,760 --> 01:04:31,520
why.

1079
01:04:31,520 --> 01:04:34,319
You all say that he's going to make it

1080
01:04:34,319 --> 01:04:37,520
public. How in the Fremont Tribune where

1081
01:04:37,520 --> 01:04:39,760
you have to pay to read it and it it's

1082
01:04:39,760 --> 01:04:42,240
all online.

1083
01:04:42,240 --> 01:04:44,319
I've got the Tribune forever, but I will

1084
01:04:44,319 --> 01:04:47,440
not read it on the computer.

1085
01:04:47,440 --> 01:04:50,480
So, where is the trust? You guys need to

1086
01:04:50,480 --> 01:04:53,920
get this community's trust. There was an

1087
01:04:53,920 --> 01:04:56,639
event last week. None of you knew about

1088
01:04:56,639 --> 01:04:58,319
[clears throat] it.

1089
01:04:58,319 --> 01:05:00,160
Somebody did because they ordered to

1090
01:05:00,160 --> 01:05:02,480
have it done.

1091
01:05:02,480 --> 01:05:04,960
They going to be accountable for it.

1092
01:05:04,960 --> 01:05:07,440
Y'all know what I'm talking about. I

1093
01:05:07,440 --> 01:05:10,559
have a voice. It's the first amendment

1094
01:05:10,559 --> 01:05:14,160
and I'm going to exercise it. Either

1095
01:05:14,160 --> 01:05:17,280
please vote no because we have a lot to

1096
01:05:17,280 --> 01:05:20,319
say. Like I said, sometimes we're not

1097
01:05:20,319 --> 01:05:24,000
comfortable coming up here. Sometimes we

1098
01:05:24,000 --> 01:05:26,000
don't know if you guys even listen to us

1099
01:05:26,000 --> 01:05:28,000
because we walk away and you do just the

1100
01:05:28,000 --> 01:05:31,039
opposite of of what we argued about.

1101
01:05:31,039 --> 01:05:34,240
There's another defeat of the citizens.

1102
01:05:34,240 --> 01:05:37,359
You guys all said good speeches. You

1103
01:05:37,359 --> 01:05:40,640
represent the citizens of Fremont.

1104
01:05:40,640 --> 01:05:55,190
Please do and vote no. Thank you.

1105
01:05:55,200 --> 01:06:00,549
» Please state your name and address.

1106
01:06:00,559 --> 01:06:02,240
Good evening, mayor and members of the

1107
01:06:02,240 --> 01:06:04,079
council. My name is Dylan Martinez,

1108
01:06:04,079 --> 01:06:06,400
residing at 1435 East 12th Street here

1109
01:06:06,400 --> 01:06:08,960
in Fremont. I stand before you tonight

1110
01:06:08,960 --> 01:06:12,240
specifically regarding ordinance 5755.

1111
01:06:12,240 --> 01:06:14,640
Um, I prepared this before a lot of the

1112
01:06:14,640 --> 01:06:16,079
transparency that described here. So,

1113
01:06:16,079 --> 01:06:17,280
I'm just going to say this real quick

1114
01:06:17,280 --> 01:06:19,440
because it does still pertain and then

1115
01:06:19,440 --> 01:06:20,480
I'm going to make a couple comments

1116
01:06:20,480 --> 01:06:22,000
regarding everything that has also been

1117
01:06:22,000 --> 01:06:25,119
said. So, at the last meeting, Mr. coats

1118
01:06:25,119 --> 01:06:26,559
raised concerns about a potential

1119
01:06:26,559 --> 01:06:28,079
violation occurring during the public

1120
01:06:28,079 --> 01:06:30,880
comment period. I watched the video. I

1121
01:06:30,880 --> 01:06:33,039
rewatched the video. However, he was

1122
01:06:33,039 --> 01:06:35,440
never specific in with the public as to

1123
01:06:35,440 --> 01:06:37,440
what the alleged violation actually was.

1124
01:06:37,440 --> 01:06:39,599
That lack of clarity led left the

1125
01:06:39,599 --> 01:06:41,359
community in the dark and now we are

1126
01:06:41,359 --> 01:06:43,359
faced with this potential ordinance

1127
01:06:43,359 --> 01:06:45,680
removal. Um, which suffers from the same

1128
01:06:45,680 --> 01:06:48,160
lack of ambiguity. So, I do appreciate a

1129
01:06:48,160 --> 01:06:50,400
lot of, you know, being transparent of

1130
01:06:50,400 --> 01:06:52,559
what we're trying to do here, but that

1131
01:06:52,559 --> 01:06:54,000
essentially has left the language

1132
01:06:54,000 --> 01:06:55,920
surrounding this ordinance as vague and

1133
01:06:55,920 --> 01:06:57,520
citizens rightly asking what is the

1134
01:06:57,520 --> 01:06:59,119
ultimate goal here. So, we want to be

1135
01:06:59,119 --> 01:07:01,359
very clear and draw a line. Um, if the

1136
01:07:01,359 --> 01:07:03,359
goal of this is just a simple minor

1137
01:07:03,359 --> 01:07:04,880
technicality, which it seems like it's

1138
01:07:04,880 --> 01:07:06,640
starting to point towards to formally

1139
01:07:06,640 --> 01:07:08,559
establish a designated structured time

1140
01:07:08,559 --> 01:07:10,640
block on the official agenda for open

1141
01:07:10,640 --> 01:07:13,440
public comment to ensure full procedural

1142
01:07:13,440 --> 01:07:16,000
compliance. That is fine. In fact, that

1143
01:07:16,000 --> 01:07:17,520
is a standard administrative practice

1144
01:07:17,520 --> 01:07:18,880
that should have been established years

1145
01:07:18,880 --> 01:07:20,559
ago. Just as the first speaker had

1146
01:07:20,559 --> 01:07:22,400
mentioned, let's just put a thing on the

1147
01:07:22,400 --> 01:07:25,200
docket that says open public comment 30

1148
01:07:25,200 --> 01:07:27,839
period. Nobody rests a spot, we can make

1149
01:07:27,839 --> 01:07:30,240
a motion to move past it. um you know

1150
01:07:30,240 --> 01:07:32,319
assuming that everybody has a time to

1151
01:07:32,319 --> 01:07:34,160
speak

1152
01:07:34,160 --> 01:07:36,079
in in

1153
01:07:36,079 --> 01:07:38,400
however if the ultimate goal of this

1154
01:07:38,400 --> 01:07:40,079
ordinance is to eliminate the 30-inut

1155
01:07:40,079 --> 01:07:42,000
open public comment period in its

1156
01:07:42,000 --> 01:07:44,160
entirety or to create a process where

1157
01:07:44,160 --> 01:07:46,400
officials can pre-screen gatekeep and

1158
01:07:46,400 --> 01:07:49,839
cherrypick questions or citizens get um

1159
01:07:49,839 --> 01:07:53,359
cherrypick questions which that

1160
01:07:53,359 --> 01:07:56,559
cherrypick which questions or citizens

1161
01:07:56,559 --> 01:07:58,319
that get heard and that is a massive

1162
01:07:58,319 --> 01:08:00,319
problem. Open public comment is not a

1163
01:08:00,319 --> 01:08:01,920
courtesy granted at the council's

1164
01:08:01,920 --> 01:08:03,680
discretion. It is a community's primary

1165
01:08:03,680 --> 01:08:05,599
window for unscripted accountability.

1166
01:08:05,599 --> 01:08:07,440
When public officials face uncomfortable

1167
01:08:07,440 --> 01:08:08,880
questions, the solution is better

1168
01:08:08,880 --> 01:08:10,960
governance, not transparency, not

1169
01:08:10,960 --> 01:08:12,799
removing the microphone. If the concern

1170
01:08:12,799 --> 01:08:13,920
of the council members might

1171
01:08:13,920 --> 01:08:15,680
accidentally debate non-aggenda items

1172
01:08:15,680 --> 01:08:17,520
and trigger an open meetings act issue.

1173
01:08:17,520 --> 01:08:19,440
The fix is simple. Enforce a strict

1174
01:08:19,440 --> 01:08:21,279
listen only rule for the council members

1175
01:08:21,279 --> 01:08:23,040
during open comment. You do not need to

1176
01:08:23,040 --> 01:08:24,640
silence the public to keep the council

1177
01:08:24,640 --> 01:08:26,480
compliant with state law. I urge the

1178
01:08:26,480 --> 01:08:28,799
council to clarify the extent um the

1179
01:08:28,799 --> 01:08:31,440
exact intent of the ordinance 5755 on

1180
01:08:31,440 --> 01:08:33,199
record tonight. If this ordinance strips

1181
01:08:33,199 --> 01:08:34,880
away or restricts our 30-minut open

1182
01:08:34,880 --> 01:08:36,640
public comment period, I strongly urge

1183
01:08:36,640 --> 01:08:38,880
you to vote no. Thank you. Now, with

1184
01:08:38,880 --> 01:08:40,719
that in mind, um the last couple things

1185
01:08:40,719 --> 01:08:42,640
that I just want to comment on, you

1186
01:08:42,640 --> 01:08:44,400
know, the whole open meetings act is

1187
01:08:44,400 --> 01:08:46,239
supposed to be set up as a listenon

1188
01:08:46,239 --> 01:08:48,239
rule. It's something for people to come

1189
01:08:48,239 --> 01:08:50,880
here unscripted to present communities

1190
01:08:50,880 --> 01:08:52,960
and um you know, issues with you. just

1191
01:08:52,960 --> 01:08:55,679
as uh you know the gentleman last week

1192
01:08:55,679 --> 01:08:58,880
about um tree removal services that

1193
01:08:58,880 --> 01:09:01,040
potentially was still in effect you know

1194
01:09:01,040 --> 01:09:02,880
50 some years ago and that we've shifted

1195
01:09:02,880 --> 01:09:04,719
away from that as a society. There are

1196
01:09:04,719 --> 01:09:07,279
things that we need to bring to you for

1197
01:09:07,279 --> 01:09:08,960
you guys to talk about. But at the same

1198
01:09:08,960 --> 01:09:11,759
light, if there are um specific

1199
01:09:11,759 --> 01:09:13,520
articulated

1200
01:09:13,520 --> 01:09:15,759
public forums where we can talk to you

1201
01:09:15,759 --> 01:09:18,159
as representatives and get answers back,

1202
01:09:18,159 --> 01:09:20,080
that also is very nice too because it's

1203
01:09:20,080 --> 01:09:21,759
nice to know that you're heard. But at

1204
01:09:21,759 --> 01:09:23,759
the same time, we need to make sure that

1205
01:09:23,759 --> 01:09:26,560
we can be heard as citizens um of our

1206
01:09:26,560 --> 01:09:28,239
country. And also to the comment

1207
01:09:28,239 --> 01:09:29,679
definitely, you know, when we're in open

1208
01:09:29,679 --> 01:09:32,080
public comment, we need to speak about

1209
01:09:32,080 --> 01:09:34,080
people in an objective manner, not a

1210
01:09:34,080 --> 01:09:36,640
subjective manner. So definitely be

1211
01:09:36,640 --> 01:09:38,159
friendly to your citizens. We're all

1212
01:09:38,159 --> 01:09:39,359
humans here at the end of the day,

1213
01:09:39,359 --> 01:09:41,120
right? So, thank you so much and hope

1214
01:09:41,120 --> 01:09:42,880
you have a great day.

1215
01:09:42,880 --> 01:09:44,799
>> Thank you.

1216
01:09:44,799 --> 01:10:01,910
>> Anybody else on this?

1217
01:10:01,920 --> 01:10:04,960
» State your name and address, please.

1218
01:10:04,960 --> 01:10:08,239
>> Street. Uh before I get on to this uh my

1219
01:10:08,239 --> 01:10:10,320
what I was going to talk about uh I'm

1220
01:10:10,320 --> 01:10:13,360
looking at item 20 here and uh you know

1221
01:10:13,360 --> 01:10:15,520
everybody talked about we need to revise

1222
01:10:15,520 --> 01:10:18,239
it and make it better for people allow

1223
01:10:18,239 --> 01:10:21,840
it but this definitely states that uh

1224
01:10:21,840 --> 01:10:24,560
the intent is to elim eliminate the open

1225
01:10:24,560 --> 01:10:26,560
public comment period is what it says

1226
01:10:26,560 --> 01:10:28,800
right here. So you have to be careful on

1227
01:10:28,800 --> 01:10:33,440
what you say and what this says.

1228
01:10:33,440 --> 01:10:35,760
That being said, uh, mayor and council

1229
01:10:35,760 --> 01:10:37,760
members, I want to thank you for letting

1230
01:10:37,760 --> 01:10:39,840
me speak tonight.

1231
01:10:39,840 --> 01:10:44,709
Um,

1232
01:10:44,719 --> 01:10:46,640
Nebraska law says the citizens have the

1233
01:10:46,640 --> 01:10:49,760
right to speak in public bodies and are

1234
01:10:49,760 --> 01:10:51,440
given the opportunity to speak at each

1235
01:10:51,440 --> 01:10:52,960
meeting.

1236
01:10:52,960 --> 01:10:56,640
If the city council eliminates a public

1237
01:10:56,640 --> 01:10:59,440
uh uh comment section, citizens are not

1238
01:10:59,440 --> 01:11:02,239
allowed to speak about subjects that are

1239
01:11:02,239 --> 01:11:04,480
already in the agenda.

1240
01:11:04,480 --> 01:11:06,640
I would like to ask the city council,

1241
01:11:06,640 --> 01:11:09,760
how is an ordinary um citizen supposed

1242
01:11:09,760 --> 01:11:13,360
to publicly bring new issues to the

1243
01:11:13,360 --> 01:11:16,560
council if that isn't or that isn't

1244
01:11:16,560 --> 01:11:19,840
already on the agenda.

1245
01:11:19,840 --> 01:11:24,630
You control the agenda and we don't.

1246
01:11:24,640 --> 01:11:29,600
What's uh and and that's why the open

1247
01:11:29,600 --> 01:11:32,080
public comment is important. It gives

1248
01:11:32,080 --> 01:11:34,000
citizens an opportunity to come before

1249
01:11:34,000 --> 01:11:36,800
their elected officials to say there's

1250
01:11:36,800 --> 01:11:38,400
something wrong here in Fremont that you

1251
01:11:38,400 --> 01:11:40,960
need to know about.

1252
01:11:40,960 --> 01:11:44,320
Maybe it's a problem with the street, a

1253
01:11:44,320 --> 01:11:46,239
safety concern,

1254
01:11:46,239 --> 01:11:49,199
how tax money is being spent,

1255
01:11:49,199 --> 01:11:50,880
or something the city doesn't even know

1256
01:11:50,880 --> 01:11:52,640
about.

1257
01:11:52,640 --> 01:11:54,800
If it's not on the agenda without a

1258
01:11:54,800 --> 01:11:56,960
public comment,

1259
01:11:56,960 --> 01:12:00,000
when do the when do the citizens get an

1260
01:12:00,000 --> 01:12:01,840
opportunity to stand here and bring

1261
01:12:01,840 --> 01:12:05,360
these issues to the entire council in

1262
01:12:05,360 --> 01:12:10,560
public? Now, you talked about doing uh emails and stuff like that.

1263
01:12:10,560 --> 01:12:12,480
That's that's good. But I I still think

1264
01:12:12,480 --> 01:12:14,640
people need to be do needs to be done in

1265
01:12:14,640 --> 01:12:17,440
public so everybody including the public

1266
01:12:17,440 --> 01:12:20,000
knows what's going on.

1267
01:12:20,000 --> 01:12:21,440
There is a difference between allowing

1268
01:12:21,440 --> 01:12:23,120
citizens to comment on what the city

1269
01:12:23,120 --> 01:12:25,920
council has decided to discuss and

1270
01:12:25,920 --> 01:12:30,080
allowing citizens tell the city

1271
01:12:30,080 --> 01:12:32,960
what they believe needs to be discussed.

1272
01:12:32,960 --> 01:12:35,040
The open

1273
01:12:35,040 --> 01:12:37,840
uh comment provides that opportunity and

1274
01:12:37,840 --> 01:12:40,560
it's important. The council shouldn't be

1275
01:12:40,560 --> 01:12:43,280
the one deciding which issues are

1276
01:12:43,280 --> 01:12:46,159
important enough to talk about at in

1277
01:12:46,159 --> 01:12:48,480
public. Taking away the open public

1278
01:12:48,480 --> 01:12:51,679
comment might make it make the meeting

1279
01:12:51,679 --> 01:12:54,320
shorter, might make it easier to manage,

1280
01:12:54,320 --> 01:12:56,719
but convenience should not become an

1281
01:12:56,719 --> 01:12:58,560
expense of

1282
01:12:58,560 --> 01:13:00,400
communicating between the citizens and

1283
01:13:00,400 --> 01:13:03,199
people elected to present represent

1284
01:13:03,199 --> 01:13:07,120
them. You may not like you may not agree

1285
01:13:07,120 --> 01:13:09,600
what is said on the microphone.

1286
01:13:09,600 --> 01:13:11,840
You may hear criticism. I'm sorry, but

1287
01:13:11,840 --> 01:13:15,040
that's public service.

1288
01:13:15,040 --> 01:13:18,719
It's about giving citizens a voice.

1289
01:13:18,719 --> 01:13:21,679
If this is a problem with an open public

1290
01:13:21,679 --> 01:13:24,640
comment currently works, then fix it

1291
01:13:24,640 --> 01:13:26,800
fairly. And we've talked about some

1292
01:13:26,800 --> 01:13:29,520
things tonight. But don't eliminate that

1293
01:13:29,520 --> 01:13:32,400
opportunity because once a citizen can

1294
01:13:32,400 --> 01:13:35,760
only because once citizens can only

1295
01:13:35,760 --> 01:13:37,440
publicly discuss what the government

1296
01:13:37,440 --> 01:13:39,600
puts on the agenda,

1297
01:13:39,600 --> 01:13:40,960
the government is controlling the

1298
01:13:40,960 --> 01:13:43,280
meeting. is controlling the

1299
01:13:43,280 --> 01:13:45,440
conversation. Please don't take away the

1300
01:13:45,440 --> 01:13:48,080
voice of the citizens of Fremont. Thank

1301
01:13:48,080 --> 01:13:53,430
you.

1302
01:13:53,440 --> 01:14:03,910
Anybody else on this?

1303
01:14:03,920 --> 01:14:07,520
Jerry Delaney, 2940 Lever Street, Mont.

1304
01:14:07,520 --> 01:14:09,440
Uh, I understand from the discussion

1305
01:14:09,440 --> 01:14:11,440
earlier tonight that this all came about

1306
01:14:11,440 --> 01:14:13,760
because one person complained and didn't

1307
01:14:13,760 --> 01:14:16,080
want public comment any longer. It

1308
01:14:16,080 --> 01:14:17,600
sounds to me like there's considerably

1309
01:14:17,600 --> 01:14:19,600
more people that would disagree with

1310
01:14:19,600 --> 01:14:22,800
that and do want it. Uh, no decisions

1311
01:14:22,800 --> 01:14:26,719
are ever made public comment. So, what I

1312
01:14:26,719 --> 01:14:29,040
have read in the Open Meetings Act, I

1313
01:14:29,040 --> 01:14:31,440
don't see how you're violating the Open

1314
01:14:31,440 --> 01:14:34,400
Meetings Act in any way. I I think we

1315
01:14:34,400 --> 01:14:37,600
need to see a definite solution to the

1316
01:14:37,600 --> 01:14:38,800
problem. And I agree with what

1317
01:14:38,800 --> 01:14:40,719
Councilman Van Beern and a couple others

1318
01:14:40,719 --> 01:14:42,960
of you said earlier. Yeah, what we're

1319
01:14:42,960 --> 01:14:45,280
doing now isn't working, but you don't

1320
01:14:45,280 --> 01:14:48,719
get rid of it without first having

1321
01:14:48,719 --> 01:14:52,239
something put in place to replace it. We

1322
01:14:52,239 --> 01:14:54,159
already have a very limited amount of

1323
01:14:54,159 --> 01:14:57,040
time and a very limited format in which

1324
01:14:57,040 --> 01:14:59,280
the public can address the council on

1325
01:14:59,280 --> 01:15:00,800
concerns.

1326
01:15:00,800 --> 01:15:03,040
Why take away this last little piece of

1327
01:15:03,040 --> 01:15:04,880
open discussion that exists between the

1328
01:15:04,880 --> 01:15:07,840
public and yourselves without first

1329
01:15:07,840 --> 01:15:10,080
enacting a definite and a better

1330
01:15:10,080 --> 01:15:11,679
solution?

1331
01:15:11,679 --> 01:15:14,080
I understand that I'm free to reach out

1332
01:15:14,080 --> 01:15:16,800
to my council person, to the mayor, or

1333
01:15:16,800 --> 01:15:19,440
whoever anytime I want, but if I want to

1334
01:15:19,440 --> 01:15:22,000
address an issue to not just my council

1335
01:15:22,000 --> 01:15:24,880
person, but to all of you, as well as to

1336
01:15:24,880 --> 01:15:28,000
the mayor and city administrators and

1337
01:15:28,000 --> 01:15:30,239
the city attorneys and the public in

1338
01:15:30,239 --> 01:15:31,840
general.

1339
01:15:31,840 --> 01:15:34,800
And I want to be sure that I've conveyed

1340
01:15:34,800 --> 01:15:36,960
the same messages accurately and equally

1341
01:15:36,960 --> 01:15:39,840
to all of you at the same time. I can't

1342
01:15:39,840 --> 01:15:41,520
do that with a bunch of different phone

1343
01:15:41,520 --> 01:15:43,520
calls or a bunch of different meetings.

1344
01:15:43,520 --> 01:15:47,750
That's just not possible.

1345
01:15:47,760 --> 01:15:49,840
There already exists a feeling of

1346
01:15:49,840 --> 01:15:51,840
mistrust between the public and all

1347
01:15:51,840 --> 01:15:54,719
those government. This lack of trust

1348
01:15:54,719 --> 01:15:57,120
that exists is more often than not

1349
01:15:57,120 --> 01:15:58,880
unfounded.

1350
01:15:58,880 --> 01:16:02,000
But nonetheless, it does exist. Why

1351
01:16:02,000 --> 01:16:04,159
would you want to increase this level of

1352
01:16:04,159 --> 01:16:06,080
animosity?

1353
01:16:06,080 --> 01:16:08,320
I urge you to vote this ordinance down

1354
01:16:08,320 --> 01:16:10,159
until you have something better to

1355
01:16:10,159 --> 01:16:12,800
replace it. I urge you to clearly show

1356
01:16:12,800 --> 01:16:15,520
the voters of Fremont that you want to

1357
01:16:15,520 --> 01:16:19,920
hear from them in some manner. And I beg

1358
01:16:19,920 --> 01:16:22,159
to not put up a wall between our

1359
01:16:22,159 --> 01:16:24,880
community and those of you that serve.

1360
01:16:24,880 --> 01:16:28,000
Thank you for your time.

1361
01:16:28,000 --> 01:16:30,960
Anybody

1362
01:16:30,960 --> 01:16:55,510
else on this?

1363
01:16:55,520 --> 01:16:56,800
» State your name and address, please.

1364
01:16:56,800 --> 01:16:59,600
Brad Jüger, 2318 East Fifth Street,

1365
01:16:59,600 --> 01:17:04,353
former city council member for Ward 4.

1366
01:17:04,353 --> 01:17:05,040
[clears throat]

1367
01:17:05,040 --> 01:17:06,640
I'd like to start my discussion tonight

1368
01:17:06,640 --> 01:17:09,120
with a little background in history. Uh

1369
01:17:09,120 --> 01:17:10,480
so that those of you that weren't here

1370
01:17:10,480 --> 01:17:12,719
when this all went about uh understand

1371
01:17:12,719 --> 01:17:14,320
where we're coming from. Back in

1372
01:17:14,320 --> 01:17:17,840
December 2018, the mayor gets appointed

1373
01:17:17,840 --> 01:17:19,280
to the mayor's committee to look into

1374
01:17:19,280 --> 01:17:22,080
open public comment. They they

1375
01:17:22,080 --> 01:17:24,080
commissioned uh assistance from McGrath

1376
01:17:24,080 --> 01:17:26,560
North Omaha based law firm who was the

1377
01:17:26,560 --> 01:17:29,360
county city attorney at the time. They

1378
01:17:29,360 --> 01:17:32,080
went about um drafting this ordinance

1379
01:17:32,080 --> 01:17:34,239
that you have in front of you today uh

1380
01:17:34,239 --> 01:17:36,719
with McGrath's North Oversight all the

1381
01:17:36,719 --> 01:17:39,280
way through. They had to decide what

1382
01:17:39,280 --> 01:17:40,960
type of forum would be considered. And

1383
01:17:40,960 --> 01:17:42,800
it was discussed that the act defines

1384
01:17:42,800 --> 01:17:45,840
meetings quote as regular, special, or

1385
01:17:45,840 --> 01:17:47,520
called meetings, formal or informal,

1386
01:17:47,520 --> 01:17:49,760
that require discussion of public

1387
01:17:49,760 --> 01:17:51,920
business, formation of policies, or the

1388
01:17:51,920 --> 01:17:54,400
taking of action by the public body as

1389
01:17:54,400 --> 01:17:56,960
discussion 841409.

1390
01:17:56,960 --> 01:17:59,600
An open mic session that we have today

1391
01:17:59,600 --> 01:18:02,880
doesn't require any of that.

1392
01:18:02,880 --> 01:18:05,760
It is a forum for presentation by the

1393
01:18:05,760 --> 01:18:07,920
public. There is no action, no public

1394
01:18:07,920 --> 01:18:10,800
business. The committee was advised by

1395
01:18:10,800 --> 01:18:13,120
legal that the open mic session would

1396
01:18:13,120 --> 01:18:15,600
not be a meeting of council, nor would

1397
01:18:15,600 --> 01:18:17,760
it invoke the meeting definitions and

1398
01:18:17,760 --> 01:18:19,520
standards defined by the open meetings

1399
01:18:19,520 --> 01:18:22,960
act if not any part of the meeting was

1400
01:18:22,960 --> 01:18:25,760
defined where only the so the the public

1401
01:18:25,760 --> 01:18:28,400
could speak and council members could

1402
01:18:28,400 --> 01:18:30,080
attend voluntarily. They weren't

1403
01:18:30,080 --> 01:18:32,800
required to. There was no roll call.

1404
01:18:32,800 --> 01:18:34,880
They only listened so that the public

1405
01:18:34,880 --> 01:18:36,880
could get their information out into the

1406
01:18:36,880 --> 01:18:39,520
hands of the public. Therefore, McGrath

1407
01:18:39,520 --> 01:18:42,000
Nor said, contrary to current advice,

1408
01:18:42,000 --> 01:18:44,719
this was not a meeting. This was a forum

1409
01:18:44,719 --> 01:18:46,880
for the public to provide public

1410
01:18:46,880 --> 01:18:48,400
comment.

1411
01:18:48,400 --> 01:18:50,480
They also recommended that the city not

1412
01:18:50,480 --> 01:18:53,120
make it part of a open public comment

1413
01:18:53,120 --> 01:18:56,080
part of a regular meeting. And why?

1414
01:18:56,080 --> 01:18:59,360
because that would make it u subject to

1415
01:18:59,360 --> 01:19:01,600
open meetings act rules because now you

1416
01:19:01,600 --> 01:19:03,679
have a published agenda. Now you would

1417
01:19:03,679 --> 01:19:06,000
have to have all of this other um

1418
01:19:06,000 --> 01:19:07,520
activity with regards to what are you

1419
01:19:07,520 --> 01:19:09,199
going to speak to etc. It was not an

1420
01:19:09,199 --> 01:19:13,360
open mic. It was registration only. That

1421
01:19:13,360 --> 01:19:15,199
would be a bad idea. We want to have

1422
01:19:15,199 --> 01:19:17,600
more transparency and opportunity. So

1423
01:19:17,600 --> 01:19:20,080
they took the matter under advisement

1424
01:19:20,080 --> 01:19:21,760
and they developed the policy that we

1425
01:19:21,760 --> 01:19:23,520
had. They had the first reading in

1426
01:19:23,520 --> 01:19:26,640
January of 29, January 29th of 19,

1427
01:19:26,640 --> 01:19:28,640
second reading on February 29th, final

1428
01:19:28,640 --> 01:19:30,800
reading on February 26, and it became

1429
01:19:30,800 --> 01:19:32,880
city ordinance after that. They had the

1430
01:19:32,880 --> 01:19:34,800
first meeting of open public comment on

1431
01:19:34,800 --> 01:19:37,199
March 2019. It's been in effect ever

1432
01:19:37,199 --> 01:19:40,320
since. Now, the critical part of what I

1433
01:19:40,320 --> 01:19:42,880
think is important here is you need to

1434
01:19:42,880 --> 01:19:45,280
define really what is a meeting. Your

1435
01:19:45,280 --> 01:19:47,600
city legal council says that that is a

1436
01:19:47,600 --> 01:19:50,080
meeting. I'm telling you, McGrath North

1437
01:19:50,080 --> 01:19:52,400
told us emphatically it was not a

1438
01:19:52,400 --> 01:19:55,199
meeting for the reasons I just gave you.

1439
01:19:55,199 --> 01:19:56,800
Therefore, if it's not a meeting, you're

1440
01:19:56,800 --> 01:19:59,360
not bound by those kinds of uh arguments

1441
01:19:59,360 --> 01:20:01,679
that are being made currently. And and

1442
01:20:01,679 --> 01:20:02,960
more importantly, the trust and

1443
01:20:02,960 --> 01:20:04,239
transparency that have been mentioned

1444
01:20:04,239 --> 01:20:06,239
tonight are critical. That's why this

1445
01:20:06,239 --> 01:20:07,760
was started in the first place. Three

1446
01:20:07,760 --> 01:20:10,000
council members and and a fourth that

1447
01:20:10,000 --> 01:20:11,920
was appointed to this committee are

1448
01:20:11,920 --> 01:20:14,080
adamant we needed to do something about

1449
01:20:14,080 --> 01:20:16,560
transparency in Fremont. This was the

1450
01:20:16,560 --> 01:20:19,520
result.

1451
01:20:19,520 --> 01:20:22,000
Since this was passed, multiple

1452
01:20:22,000 --> 01:20:25,280
occasions have occurred when the present

1453
01:20:25,280 --> 01:20:27,120
law firm has attempted to get rid of

1454
01:20:27,120 --> 01:20:28,960
public comment

1455
01:20:28,960 --> 01:20:31,679
altogether.

1456
01:20:31,679 --> 01:20:34,719
The uh lead person, lead lawyer at the

1457
01:20:34,719 --> 01:20:36,719
firm even wrote city code to eliminate

1458
01:20:36,719 --> 01:20:39,199
all public comment. Fortunately, the

1459
01:20:39,199 --> 01:20:41,840
council rebuffed that. I ask that you

1460
01:20:41,840 --> 01:20:44,000
not rebuff the the public this time

1461
01:20:44,000 --> 01:20:47,280
round requiring us to put things on the

1462
01:20:47,280 --> 01:20:50,640
agenda. Just this is not appropriate.

1463
01:20:50,640 --> 01:20:53,120
Please discontinue this discussion alto

1464
01:20:53,120 --> 01:20:54,640
together. Thank you.

1465
01:20:54,640 --> 01:20:57,280
>> Thank you.

1466
01:20:57,280 --> 01:21:09,910
>> That's it.

1467
01:21:09,920 --> 01:21:13,360
Right. Tough 1537 Brewer Drive. Good

1468
01:21:13,360 --> 01:21:15,520
evening, Mayor and Council. The

1469
01:21:15,520 --> 01:21:17,360
ordinance is being presented as a

1470
01:21:17,360 --> 01:21:18,960
measure to comply with Nebraska Open

1471
01:21:18,960 --> 01:21:20,719
Meetings Act, but after reading the city

1472
01:21:20,719 --> 01:21:22,480
attorney's memo and reviewing the law

1473
01:21:22,480 --> 01:21:24,480
myself, I have serious questions about

1474
01:21:24,480 --> 01:21:26,239
whether eliminating open public comment

1475
01:21:26,239 --> 01:21:28,560
is actually required. The memo argues

1476
01:21:28,560 --> 01:21:30,719
that because citizens may not may speak

1477
01:21:30,719 --> 01:21:32,719
on topics that are not known in advance,

1478
01:21:32,719 --> 01:21:34,239
the city must eliminate the public

1479
01:21:34,239 --> 01:21:36,880
comment period altogether. Yet Nebraska

1480
01:21:36,880 --> 01:21:39,120
law also states that the public public

1481
01:21:39,120 --> 01:21:43,120
bodies shall allow members to speak

1482
01:21:43,120 --> 01:21:45,040
and have an opportunity to speak at each

1483
01:21:45,040 --> 01:21:47,600
meeting meeting. So my first question is

1484
01:21:47,600 --> 01:21:50,080
simple. Travis, can you tell us what

1485
01:21:50,080 --> 01:21:52,320
Nebraska Supreme Court case or attorney

1486
01:21:52,320 --> 01:21:54,480
general opinion specifically says that

1487
01:21:54,480 --> 01:21:56,159
allowing citizens to speak on matters

1488
01:21:56,159 --> 01:21:57,920
not listed on the agenda violates the

1489
01:21:57,920 --> 01:22:00,239
Open Meetings Act? If such authority

1490
01:22:00,239 --> 01:22:02,159
exists, please share it with the public.

1491
01:22:02,159 --> 01:22:04,400
If it does not, then this appears to be

1492
01:22:04,400 --> 01:22:07,360
legal in interpretation, not a legal

1493
01:22:07,360 --> 01:22:10,239
mandate. Across Nebraska, city councils,

1494
01:22:10,239 --> 01:22:12,159
boards, school boards, and other public

1495
01:22:12,159 --> 01:22:14,000
bodies continue to provide opportunities

1496
01:22:14,000 --> 01:22:16,080
for public comment. Many do so by

1497
01:22:16,080 --> 01:22:17,520
allowing citizens to speak while

1498
01:22:17,520 --> 01:22:20,400
limiting limiting discussion by elect

1499
01:22:20,400 --> 01:22:22,400
officials on matters that are not on the

1500
01:22:22,400 --> 01:22:27,040
agenda. So, basically,

1501
01:22:27,040 --> 01:22:28,800
hopefully all of you guys have

1502
01:22:28,800 --> 01:22:30,560
understood and read that you're supposed

1503
01:22:30,560 --> 01:22:34,560
to be following Robert's rules. Um, and

1504
01:22:34,560 --> 01:22:36,320
we've provided copies to the council

1505
01:22:36,320 --> 01:22:38,719
before, we'd be happy to do it again.

1506
01:22:38,719 --> 01:22:41,600
But, um, if you can't see that, it's the

1507
01:22:41,600 --> 01:22:44,560
lack in trust for our government. So, I

1508
01:22:44,560 --> 01:22:46,800
urge you not to vote for this tonight,

1509
01:22:46,800 --> 01:22:48,320
um, until you guys can put something

1510
01:22:48,320 --> 01:22:52,800
else in place, um, and try to get the,

1511
01:22:52,800 --> 01:22:58,320
you know, trust back into our, you know,

1512
01:22:58,320 --> 01:23:00,080
public officials because I tell you

1513
01:23:00,080 --> 01:23:02,560
what, just last week, I emailed each one

1514
01:23:02,560 --> 01:23:05,520
of you guys. There was one who emailed

1515
01:23:05,520 --> 01:23:07,199
me back.

1516
01:23:07,199 --> 01:23:10,239
One of you guys. And you guys can't

1517
01:23:10,239 --> 01:23:12,400
forget that. We put you guys in your

1518
01:23:12,400 --> 01:23:15,600
positions. You work for us. Those two

1519
01:23:15,600 --> 01:23:19,120
work for us, too. For you guys. You guys

1520
01:23:19,120 --> 01:23:22,400
are supposed to be in charge of them.

1521
01:23:22,400 --> 01:23:24,960
And they're the ones that keep trying to

1522
01:23:24,960 --> 01:23:26,320
pull this kind of stuff. And it's all

1523
01:23:26,320 --> 01:23:28,000
because they know that there's stuff

1524
01:23:28,000 --> 01:23:29,760
coming, you know, where people want to

1525
01:23:29,760 --> 01:23:32,159
use the open public comment period. So,

1526
01:23:32,159 --> 01:23:33,840
please continue to listen to your

1527
01:23:33,840 --> 01:23:36,560
constituents. Don't try to rely I hope

1528
01:23:36,560 --> 01:23:38,320
the citizens don't try to rely on just

1529
01:23:38,320 --> 01:23:41,040
using your email addresses because it

1530
01:23:41,040 --> 01:23:43,600
doesn't work. Only one of you replied

1531
01:23:43,600 --> 01:23:46,080
back to me and can't even get a meeting

1532
01:23:46,080 --> 01:23:48,639
with city attorney or city

1533
01:23:48,639 --> 01:24:04,470
administrator. So, thank you.

1534
01:24:04,480 --> 01:24:06,880
» Please state your name and address.

1535
01:24:06,880 --> 01:24:09,840
>> Name is George Nadomo. I live at 2332

1536
01:24:09,840 --> 01:24:12,159
East Third Street. Hello, council

1537
01:24:12,159 --> 01:24:16,080
members and mayor. Um, just listening to

1538
01:24:16,080 --> 01:24:18,719
everybody today here, uh, I just want to

1539
01:24:18,719 --> 01:24:21,600
encourage the council to vote against

1540
01:24:21,600 --> 01:24:24,800
this. It seems to me like all these

1541
01:24:24,800 --> 01:24:27,040
people over here that vote for everybody

1542
01:24:27,040 --> 01:24:29,199
up here, I haven't heard a single one

1543
01:24:29,199 --> 01:24:31,600
come up here and say, "Yeah, let's go

1544
01:24:31,600 --> 01:24:34,320
for it." They're all confi either

1545
01:24:34,320 --> 01:24:37,040
they're against it or maybe there's even

1546
01:24:37,040 --> 01:24:39,840
some confusion. And that tells me that

1547
01:24:39,840 --> 01:24:41,760
you guys need to go back and take

1548
01:24:41,760 --> 01:24:44,000
another look at this. And you got to

1549
01:24:44,000 --> 01:24:46,080
remember, you're representing these

1550
01:24:46,080 --> 01:24:48,560
people. You want to have the best for

1551
01:24:48,560 --> 01:24:51,360
them. And their comments are very

1552
01:24:51,360 --> 01:24:54,400
important. So I encourage you vote

1553
01:24:54,400 --> 01:25:07,030
against them.

1554
01:25:07,040 --> 01:25:09,920
Please state your name and address

1555
01:25:09,920 --> 01:25:12,719
>> at 2550 Deerfield Avenue. I do

1556
01:25:12,719 --> 01:25:14,800
appreciate this open discussion over

1557
01:25:14,800 --> 01:25:17,440
this and yes, public comment is

1558
01:25:17,440 --> 01:25:20,000
important for you guys to have the open

1559
01:25:20,000 --> 01:25:22,719
ears to listen and understand different

1560
01:25:22,719 --> 01:25:25,600
situations that are going around town.

1561
01:25:25,600 --> 01:25:28,239
Um, I did hear the mayor this morning

1562
01:25:28,239 --> 01:25:30,080
say

1563
01:25:30,080 --> 01:25:32,320
everything is open as far as make a

1564
01:25:32,320 --> 01:25:34,480
phone call or email your

1565
01:25:34,480 --> 01:25:37,760
representatives. I've done both. I heard

1566
01:25:37,760 --> 01:25:40,480
back from one on the situation this last

1567
01:25:40,480 --> 01:25:44,000
week and I've left voicemails and I've

1568
01:25:44,000 --> 01:25:47,840
never heard back. I've contacted

1569
01:25:47,840 --> 01:25:50,239
uh street department over a concern in

1570
01:25:50,239 --> 01:25:52,639
our neighborhood probably two three

1571
01:25:52,639 --> 01:25:56,880
weeks ago which in the

1572
01:25:56,880 --> 01:25:59,120
explanation of what the street

1573
01:25:59,120 --> 01:26:02,320
department does hesitate to you know

1574
01:26:02,320 --> 01:26:04,880
email them and tell them your concerns

1575
01:26:04,880 --> 01:26:07,760
and I have not heard back. So, it's kind

1576
01:26:07,760 --> 01:26:09,920
of hard to feel. I mean, and it's the

1577
01:26:09,920 --> 01:26:12,000
technology world that it is that nobody

1578
01:26:12,000 --> 01:26:14,320
picks up the phone to talk on the phone,

1579
01:26:14,320 --> 01:26:18,480
but when you offer to have either the

1580
01:26:18,480 --> 01:26:22,159
emails or leave a voicemail and don't

1581
01:26:22,159 --> 01:26:24,480
hear back, it just leaves everybody

1582
01:26:24,480 --> 01:26:27,600
hanging and wondering and concerned. So,

1583
01:26:27,600 --> 01:26:30,239
I'd appreciate I appreciate all the

1584
01:26:30,239 --> 01:26:31,760
discussion that has been going on

1585
01:26:31,760 --> 01:26:34,000
tonight. Hope you can get this all

1586
01:26:34,000 --> 01:26:35,840
figured out.

1587
01:26:35,840 --> 01:26:37,920
Thank you.

1588
01:26:37,920 --> 01:26:49,510
Anybody else on this?

1589
01:26:49,520 --> 01:26:51,280
» Please state your name and address.

1590
01:26:51,280 --> 01:26:54,159
>> My name is Stan Hart. I live in 1535

1591
01:26:54,159 --> 01:26:57,600
North Logan. I've been in this town for

1592
01:26:57,600 --> 01:27:01,440
72 years. I've seen a lot of things

1593
01:27:01,440 --> 01:27:03,520
going on in this town since I've been

1594
01:27:03,520 --> 01:27:06,159
here. Can't say everything has been the

1595
01:27:06,159 --> 01:27:09,199
best, but sometimes it hasn't been the

1596
01:27:09,199 --> 01:27:12,000
worst. My wife Cindy and I came here

1597
01:27:12,000 --> 01:27:13,920
tonight to find out what was going on

1598
01:27:13,920 --> 01:27:15,840
with this discussion about our first

1599
01:27:15,840 --> 01:27:18,239
amendment rights of city council

1600
01:27:18,239 --> 01:27:20,960
meeting. And I know through the years,

1601
01:27:20,960 --> 01:27:22,960
having been to some previously in the

1602
01:27:22,960 --> 01:27:25,679
past, that through the years, it seems

1603
01:27:25,679 --> 01:27:28,719
like the open meeting supposedly for us

1604
01:27:28,719 --> 01:27:31,840
people of the town has been infringed

1605
01:27:31,840 --> 01:27:34,880
upon and changed and limited in

1606
01:27:34,880 --> 01:27:36,719
different ways.

1607
01:27:36,719 --> 01:27:38,719
Tonight, I'm listening to you talk about

1608
01:27:38,719 --> 01:27:41,840
that and the admission that yeah, the

1609
01:27:41,840 --> 01:27:44,639
system of the open meeting hasn't been

1610
01:27:44,639 --> 01:27:47,679
exactly right. Well, okay. And it's been

1611
01:27:47,679 --> 01:27:49,760
carried on that way for seemingly a very

1612
01:27:49,760 --> 01:27:51,520
long time.

1613
01:27:51,520 --> 01:27:54,400
But so far, all I've heard is smoke in

1614
01:27:54,400 --> 01:27:57,199
the wind. I hear, "Yeah, we need to

1615
01:27:57,199 --> 01:27:59,040
change it. Yeah, we need to change it."

1616
01:27:59,040 --> 01:28:00,800
Well, I can tell my wife that when she

1617
01:28:00,800 --> 01:28:02,800
has ideas about what to do around the

1618
01:28:02,800 --> 01:28:05,199
house, but that doesn't get the job

1619
01:28:05,199 --> 01:28:09,520
done. Commitment gets the job done.

1620
01:28:09,520 --> 01:28:11,679
Saying there's going to be action taken

1621
01:28:11,679 --> 01:28:14,159
and it's going to be done gets the job

1622
01:28:14,159 --> 01:28:16,880
done. That's a confirmation to us the

1623
01:28:16,880 --> 01:28:18,480
people you're going to do something

1624
01:28:18,480 --> 01:28:21,360
about it and not just talk about.

1625
01:28:21,360 --> 01:28:24,000
So if you want to get something done,

1626
01:28:24,000 --> 01:28:26,159
commit to it and get it done. Don't just

1627
01:28:26,159 --> 01:28:28,880
tell it. Okay. Thank you.

1628
01:28:28,880 --> 01:28:32,310
>> Thank you.

1629
01:28:32,320 --> 01:28:44,470
Anybody else on this?

1630
01:28:44,480 --> 01:28:49,350
» State your name and address, please.

1631
01:28:49,360 --> 01:28:51,679
» Good evening. I'm Susan Jacobus. I live

1632
01:28:51,679 --> 01:28:54,080
at 1805 Northeast Street here in

1633
01:28:54,080 --> 01:28:58,159
Fremont. I've lived here for 10 years.

1634
01:28:58,159 --> 01:29:01,679
I was one of three including Glenn Ellis

1635
01:29:01,679 --> 01:29:05,120
and Linda Mlan that pushed this forward

1636
01:29:05,120 --> 01:29:06,719
with the full support of our city

1637
01:29:06,719 --> 01:29:10,560
council at the time. It was vetted and

1638
01:29:10,560 --> 01:29:12,639
beat up again and again through our

1639
01:29:12,639 --> 01:29:16,159
attorneys draft and north.

1640
01:29:16,159 --> 01:29:20,320
Mark Enbach lent his expertise on it and

1641
01:29:20,320 --> 01:29:22,239
this started to come about because there

1642
01:29:22,239 --> 01:29:24,560
was restrictions. There was a lot of

1643
01:29:24,560 --> 01:29:26,880
foregoing of the three reading rule

1644
01:29:26,880 --> 01:29:30,719
which I see has ended. But my concern is

1645
01:29:30,719 --> 01:29:34,960
removing this is also going to continue

1646
01:29:34,960 --> 01:29:38,159
to remove the ability for the public to

1647
01:29:38,159 --> 01:29:40,880
comment or to reach out to you. I would

1648
01:29:40,880 --> 01:29:44,639
agree there's often been times that the

1649
01:29:44,639 --> 01:29:46,480
derogatory comments directed towards

1650
01:29:46,480 --> 01:29:48,000
councilmen,

1651
01:29:48,000 --> 01:29:50,639
council women, mayor as well as

1652
01:29:50,639 --> 01:29:54,320
administrative staff is unwarranted.

1653
01:29:54,320 --> 01:29:57,920
It gets petty and then having been in

1654
01:29:57,920 --> 01:30:00,560
the seat that you are, your ears start

1655
01:30:00,560 --> 01:30:05,910
to close and I understand that.

1656
01:30:05,920 --> 01:30:07,760
But it has not always been supported by

1657
01:30:07,760 --> 01:30:10,639
all of you to have open comment nor was

1658
01:30:10,639 --> 01:30:13,040
it all always allowed to have the

1659
01:30:13,040 --> 01:30:15,679
citizens right to speak and I speak from

1660
01:30:15,679 --> 01:30:19,120
personal issue. I was attempted to be

1661
01:30:19,120 --> 01:30:21,040
taken to task during executive session

1662
01:30:21,040 --> 01:30:22,800
because I spoke at a planning commission

1663
01:30:22,800 --> 01:30:26,000
meeting as a citizen and identified

1664
01:30:26,000 --> 01:30:29,280
myself as such because I was against

1665
01:30:29,280 --> 01:30:32,080
development of a commercial quick shop

1666
01:30:32,080 --> 01:30:36,000
style or 7-Eleven style gas station

1667
01:30:36,000 --> 01:30:38,400
at the area right across from the Lucen

1668
01:30:38,400 --> 01:30:39,920
church

1669
01:30:39,920 --> 01:30:43,280
off military there by the swimming pool.

1670
01:30:43,280 --> 01:30:45,679
And I I believe Mr. remembers the letter

1671
01:30:45,679 --> 01:30:47,840
that he wrote to his planning commission

1672
01:30:47,840 --> 01:30:50,320
to have me removed and to have the mayor

1673
01:30:50,320 --> 01:30:52,560
have me removed as councilman. I was

1674
01:30:52,560 --> 01:30:55,600
then taken into an executive session and

1675
01:30:55,600 --> 01:30:58,239
I there was an attempt to quash. I had

1676
01:30:58,239 --> 01:31:00,639
already reached out to an independent

1677
01:31:00,639 --> 01:31:02,719
attorney

1678
01:31:02,719 --> 01:31:05,440
and was advised to stand my ground. So I

1679
01:31:05,440 --> 01:31:09,120
refused to stay in an executive session

1680
01:31:09,120 --> 01:31:12,480
in order to be ostracized or to remove

1681
01:31:12,480 --> 01:31:16,000
which neither it did happen.

1682
01:31:16,000 --> 01:31:18,080
There was multiple complaints from me to

1683
01:31:18,080 --> 01:31:20,000
the attorney general for issues

1684
01:31:20,000 --> 01:31:22,239
concerning the open meeting act that

1685
01:31:22,239 --> 01:31:25,199
also helped push this forward.

1686
01:31:25,199 --> 01:31:27,440
It didn't necessarily cure all of them,

1687
01:31:27,440 --> 01:31:29,280
but it solved some of the issues we were

1688
01:31:29,280 --> 01:31:32,080
having. sidebar discussions between the

1689
01:31:32,080 --> 01:31:34,560
mayor and the city administrator at the

1690
01:31:34,560 --> 01:31:37,920
time and decisions being made,

1691
01:31:37,920 --> 01:31:40,639
comments and decisions being made out in

1692
01:31:40,639 --> 01:31:43,920
the open between um councilmen.

1693
01:31:43,920 --> 01:31:45,440
Those discussions are supposed to be

1694
01:31:45,440 --> 01:31:48,000
public and you guys do behave better

1695
01:31:48,000 --> 01:31:51,520
than our row did at first,

1696
01:31:51,520 --> 01:31:53,920
but it still happens. Those sidebar

1697
01:31:53,920 --> 01:31:56,719
discussions are not intended to make

1698
01:31:56,719 --> 01:31:59,040
decisions or to gather enough votes so

1699
01:31:59,040 --> 01:32:00,960
you have the guts to bring it to the

1700
01:32:00,960 --> 01:32:03,600
table or the platform.

1701
01:32:03,600 --> 01:32:05,120
And the reason why this was pushed

1702
01:32:05,120 --> 01:32:09,360
forward and by the way was approved 8 to

1703
01:32:09,360 --> 01:32:12,000
zero. We had the full support and we

1704
01:32:12,000 --> 01:32:14,480
also had full legal support at the time

1705
01:32:14,480 --> 01:32:16,880
and that hasn't changed. You're not

1706
01:32:16,880 --> 01:32:20,320
making policy DNA's meeting when there's

1707
01:32:20,320 --> 01:32:22,639
a open public comment period. you're not

1708
01:32:22,639 --> 01:32:24,880
making policy. You may be given

1709
01:32:24,880 --> 01:32:27,280
something to think about and perhaps

1710
01:32:27,280 --> 01:32:29,600
maybe down the line it would warrant one

1711
01:32:29,600 --> 01:32:31,840
of you, any of you to respond back to

1712
01:32:31,840 --> 01:32:33,440
the citizen who stated the complaint.

1713
01:32:33,440 --> 01:32:35,120
But that doesn't always happen. In fact,

1714
01:32:35,120 --> 01:32:38,320
it seldom happens.

1715
01:32:38,320 --> 01:32:42,080
It was the intent of the open

1716
01:32:42,080 --> 01:32:44,960
public comment to either have something

1717
01:32:44,960 --> 01:32:46,800
added to an agenda in a future date if

1718
01:32:46,800 --> 01:32:48,960
it warranted or to have city staff

1719
01:32:48,960 --> 01:32:50,880
whether it's street department, utility

1720
01:32:50,880 --> 01:32:52,400
department, parks department, whatever

1721
01:32:52,400 --> 01:32:54,639
it may be, address the issue if there

1722
01:32:54,639 --> 01:32:56,880
was any issue of concern, but to bring

1723
01:32:56,880 --> 01:32:58,800
it to the table for a full discussion at

1724
01:32:58,800 --> 01:33:01,920
city council level if needed.

1725
01:33:01,920 --> 01:33:03,840
And that doesn't typically happen, does

1726
01:33:03,840 --> 01:33:06,080
it?

1727
01:33:06,080 --> 01:33:09,040
I totally would not agree. I would be

1728
01:33:09,040 --> 01:33:11,679
totally against removing public comment.

1729
01:33:11,679 --> 01:33:14,480
Period. I think you need to have an open

1730
01:33:14,480 --> 01:33:16,320
conversation and if it has to be

1731
01:33:16,320 --> 01:33:17,920
included as part of your meeting agenda

1732
01:33:17,920 --> 01:33:19,440
and nobody shows up, then move on with

1733
01:33:19,440 --> 01:33:23,840
your meeting. Very simple solution. But

1734
01:33:23,840 --> 01:33:26,000
as far as the opens meeting act, you've

1735
01:33:26,000 --> 01:33:28,080
been in complian with it all along.

1736
01:33:28,080 --> 01:33:30,400
There's not been an issue.

1737
01:33:30,400 --> 01:33:32,400
You don't like it from the derogatory

1738
01:33:32,400 --> 01:33:34,480
comments. you have the outline of

1739
01:33:34,480 --> 01:33:37,679
behavior that's required at a meeting

1740
01:33:37,679 --> 01:33:39,679
and also during a public comment period

1741
01:33:39,679 --> 01:33:42,159
enforce it.

1742
01:33:42,159 --> 01:33:44,000
Ask people to shut it down or shut the

1743
01:33:44,000 --> 01:33:47,600
mic off. They start to get derogatory.

1744
01:33:47,600 --> 01:33:50,639
You have all been victim or have been

1745
01:33:50,639 --> 01:33:52,480
witnessed to some of the derogatory

1746
01:33:52,480 --> 01:33:53,760
comments that happened when I was on

1747
01:33:53,760 --> 01:33:56,560
council. It was way out of line. Was it

1748
01:33:56,560 --> 01:33:58,719
controlled? No. Should it have been?

1749
01:33:58,719 --> 01:34:00,800
Yes. Should it be with you at your level

1750
01:34:00,800 --> 01:34:02,400
at your seats? Yes, it [clears throat]

1751
01:34:02,400 --> 01:34:04,719
should. But please do not remove this.

1752
01:34:04,719 --> 01:34:07,199
Just enhance it if you Thank you.

1753
01:34:07,199 --> 01:34:16,550
>> Thank you.

1754
01:34:16,560 --> 01:34:18,610
» State your name and address.

1755
01:34:18,610 --> 01:34:20,000
[clears throat]

1756
01:34:20,000 --> 01:34:23,280
Steve Ray, 1445 North Irving.

1757
01:34:23,280 --> 01:34:25,840
Well, had different comments kind of

1758
01:34:25,840 --> 01:34:28,400
lined up, but

1759
01:34:28,400 --> 01:34:30,960
the agenda was kind of misleading. You

1760
01:34:30,960 --> 01:34:33,040
said eliminate. You got a lot of people

1761
01:34:33,040 --> 01:34:34,880
here thought you just going to vote get

1762
01:34:34,880 --> 01:34:37,280
rid of it all together and that should

1763
01:34:37,280 --> 01:34:39,040
have never sent that kind of signal out.

1764
01:34:39,040 --> 01:34:40,719
Really

1765
01:34:40,719 --> 01:34:42,400
should have had you want to say

1766
01:34:42,400 --> 01:34:43,679
eliminate. You should have said we're

1767
01:34:43,679 --> 01:34:45,280
going to have options or we're going to

1768
01:34:45,280 --> 01:34:47,920
try and do something.

1769
01:34:47,920 --> 01:34:51,679
I think that created a lot of problem

1770
01:34:51,679 --> 01:34:53,840
right there.

1771
01:34:53,840 --> 01:34:58,400
Uh, I've been reading the agenda, the

1772
01:34:58,400 --> 01:35:01,600
statutes for a m open meeting. I'm not

1773
01:35:01,600 --> 01:35:04,960
sure you guys are in violation of it

1774
01:35:04,960 --> 01:35:08,080
because you don't discuss. We don't

1775
01:35:08,080 --> 01:35:10,560
discuss. We just bring something forward

1776
01:35:10,560 --> 01:35:14,159
and talk. You don't take any action now.

1777
01:35:14,159 --> 01:35:15,679
Most of the time there's nothing brought

1778
01:35:15,679 --> 01:35:17,280
up in the meeting that you take action

1779
01:35:17,280 --> 01:35:21,040
on later. it. It's just a way for people

1780
01:35:21,040 --> 01:35:23,600
to come and bring something up. And I

1781
01:35:23,600 --> 01:35:25,679
wouldn't want to see it happen be put on

1782
01:35:25,679 --> 01:35:30,080
the agenda. If you go to where you have

1783
01:35:30,080 --> 01:35:33,520
it as part of your regular meeting, put

1784
01:35:33,520 --> 01:35:35,679
it right on the agenda because there

1785
01:35:35,679 --> 01:35:37,600
might be something come up today that oh

1786
01:35:37,600 --> 01:35:39,120
yeah, I should bring that up at the

1787
01:35:39,120 --> 01:35:41,600
meeting. What's going to be my

1788
01:35:41,600 --> 01:35:44,560
alternative? I mean, you got to have it

1789
01:35:44,560 --> 01:35:46,719
in the week before. Well, it comes up

1790
01:35:46,719 --> 01:35:48,400
today. how are you going to speak to it?

1791
01:35:48,400 --> 01:35:50,400
And it might be over with in a day or

1792
01:35:50,400 --> 01:35:53,840
so. So, you you really can't put that

1793
01:35:53,840 --> 01:35:56,320
down and have it on the agenda

1794
01:35:56,320 --> 01:35:58,880
beforehand like your agenda for all your

1795
01:35:58,880 --> 01:36:05,600
business. And u I know that I just don't

1796
01:36:05,600 --> 01:36:07,520
know if you've been in violation really.

1797
01:36:07,520 --> 01:36:09,440
And I do know the law firms that we have

1798
01:36:09,440 --> 01:36:11,440
now, they've publicly in the meetings

1799
01:36:11,440 --> 01:36:13,600
have said they would do away with public

1800
01:36:13,600 --> 01:36:17,440
comment altogether. So, it's kind of a,

1801
01:36:17,440 --> 01:36:20,639
you know, another way to say, they did

1802
01:36:20,639 --> 01:36:22,320
say that we need to do something

1803
01:36:22,320 --> 01:36:24,960
different. Well, if we do something

1804
01:36:24,960 --> 01:36:26,960
different, I don't think it needs to be

1805
01:36:26,960 --> 01:36:28,800
something where you have to put

1806
01:36:28,800 --> 01:36:31,120
something in the agenda to have it

1807
01:36:31,120 --> 01:36:33,120
spoken about so they everybody knows

1808
01:36:33,120 --> 01:36:35,679
ahead of time. It should be an open mic

1809
01:36:35,679 --> 01:36:37,360
type thing because that's what it was

1810
01:36:37,360 --> 01:36:40,639
for, just for people to come and speak

1811
01:36:40,639 --> 01:36:42,960
on something that's on their mind at the

1812
01:36:42,960 --> 01:36:45,119
time, not well, let's see, the meeting's

1813
01:36:45,119 --> 01:36:46,800
coming up, so I better get something on

1814
01:36:46,800 --> 01:36:49,760
the agenda so they can speak about it.

1815
01:36:49,760 --> 01:36:52,400
So, I'd encourage you to vote no to

1816
01:36:52,400 --> 01:36:54,400
eliminate it and go back to the drawing

1817
01:36:54,400 --> 01:36:56,400
board and try to come up with something.

1818
01:36:56,400 --> 01:36:58,000
It sounds like some of the other cities

1819
01:36:58,000 --> 01:37:00,560
have open mic and they haven't been a

1820
01:37:00,560 --> 01:37:02,400
problem. Now, I don't know if we've had

1821
01:37:02,400 --> 01:37:04,320
a problem with anybody challenging the

1822
01:37:04,320 --> 01:37:08,310
way you do it now.

1823
01:37:08,320 --> 01:37:19,750
Thank you. Anybody else on this?

1824
01:37:19,760 --> 01:37:22,320
State your name and address, please. My

1825
01:37:22,320 --> 01:37:24,639
name is Jean Schultz. I live at 2306

1826
01:37:24,639 --> 01:37:27,520
Jean Drive, Fremont.

1827
01:37:27,520 --> 01:37:30,000
Well, here we go again.

1828
01:37:30,000 --> 01:37:31,679
Adams and Sullivan attorneys are

1829
01:37:31,679 --> 01:37:34,400
attempting deni to deny Fremont citizens

1830
01:37:34,400 --> 01:37:37,280
of their ability to give public comments

1831
01:37:37,280 --> 01:37:39,119
during the last scheduled council

1832
01:37:39,119 --> 01:37:41,679
meeting of the month by making it more

1833
01:37:41,679 --> 01:37:45,199
difficult than it needs to be.

1834
01:37:45,199 --> 01:37:47,440
Maybe I missed it, but I saw nothing in

1835
01:37:47,440 --> 01:37:50,320
the Open Meetings Act requiring that

1836
01:37:50,320 --> 01:37:54,000
topics to be discussed be included in

1837
01:37:54,000 --> 01:37:56,400
reference to notices for public comment

1838
01:37:56,400 --> 01:37:58,960
periods, as was stated in the staff

1839
01:37:58,960 --> 01:38:01,360
report.

1840
01:38:01,360 --> 01:38:03,920
There is another solution than the one

1841
01:38:03,920 --> 01:38:05,679
proposed by Adams and Sullivan

1842
01:38:05,679 --> 01:38:09,280
attorneys. You don't have to look far.

1843
01:38:09,280 --> 01:38:11,280
Just follow the format of the Dodge

1844
01:38:11,280 --> 01:38:14,560
County Board of Supervisors. They have

1845
01:38:14,560 --> 01:38:17,040
public comments positioned before their

1846
01:38:17,040 --> 01:38:19,440
public hearings on all of their

1847
01:38:19,440 --> 01:38:22,880
published agendas.

1848
01:38:22,880 --> 01:38:25,760
Just add an agenda item that asks the

1849
01:38:25,760 --> 01:38:27,280
question.

1850
01:38:27,280 --> 01:38:29,600
Any business brought by the public or

1851
01:38:29,600 --> 01:38:32,159
discussion from the public. There you

1852
01:38:32,159 --> 01:38:35,760
go. No must, no fuss.

1853
01:38:35,760 --> 01:38:38,080
But you may want to use that agenda item

1854
01:38:38,080 --> 01:38:40,400
only on the last meeting of the month

1855
01:38:40,400 --> 01:38:42,719
like we do now.

1856
01:38:42,719 --> 01:38:45,040
if it's helpful. Dodge County also has

1857
01:38:45,040 --> 01:38:47,600
an agenda item that says any emergency

1858
01:38:47,600 --> 01:38:51,199
items to the agenda.

1859
01:38:51,199 --> 01:38:53,440
In closing,

1860
01:38:53,440 --> 01:38:55,440
citizens should not have to jump through

1861
01:38:55,440 --> 01:38:59,199
hoops like a trained circus seal to

1862
01:38:59,199 --> 01:39:01,760
speak at a public comment period. This

1863
01:39:01,760 --> 01:39:03,920
is America.

1864
01:39:03,920 --> 01:39:07,600
We recently celebrated Independence Day.

1865
01:39:07,600 --> 01:39:09,600
It commemorates the passage of the

1866
01:39:09,600 --> 01:39:12,000
Declaration of Independence by the

1867
01:39:12,000 --> 01:39:17,360
Continental Congress on July 4th, 1776.

1868
01:39:17,360 --> 01:39:20,320
We are still in the midst of celebrating

1869
01:39:20,320 --> 01:39:23,920
250 years as a nation.

1870
01:39:23,920 --> 01:39:26,239
Our Constitution defines the goals and

1871
01:39:26,239 --> 01:39:28,320
framework of the government. But they

1872
01:39:28,320 --> 01:39:30,880
weren't done there. Our founders added

1873
01:39:30,880 --> 01:39:34,800
the Bill of Rights ratified in 1791

1874
01:39:34,800 --> 01:39:37,199
that puts limits on government

1875
01:39:37,199 --> 01:39:40,400
overreach. 10 amendments, the first of

1876
01:39:40,400 --> 01:39:44,239
which includes freedom of speech.

1877
01:39:44,239 --> 01:39:46,719
I'm anxious to observe which of you will

1878
01:39:46,719 --> 01:39:49,760
be celebrating tonight on the side of

1879
01:39:49,760 --> 01:39:52,719
free speech for Fremont citizens when

1880
01:39:52,719 --> 01:39:57,280
you vote no on ordinance 5755.

1881
01:39:57,280 --> 01:39:59,760
And of course watching which of you will

1882
01:39:59,760 --> 01:40:04,480
be the party poopers voting yes. 5755

1883
01:40:04,480 --> 01:40:08,239
is not a good solution. Thank you.

1884
01:40:08,239 --> 01:40:10,320
>> Thank you.

1885
01:40:10,320 --> 01:40:16,629
Anybody else on this?

1886
01:40:16,639 --> 01:40:19,040
» State your name and address please.

1887
01:40:19,040 --> 01:40:22,639
>> My name is Scott Thomas 2403 Estus Lane

1888
01:40:22,639 --> 01:40:25,280
Fremont Nebraska. I'm a candidate in the

1889
01:40:25,280 --> 01:40:29,679
first ward city council right now. Uh

1890
01:40:29,679 --> 01:40:31,600
man, I'm grateful. I just want to say

1891
01:40:31,600 --> 01:40:33,440
that first. I'm grateful for all the

1892
01:40:33,440 --> 01:40:35,520
people in this room and all the people

1893
01:40:35,520 --> 01:40:38,560
that got up and spoke. People that take

1894
01:40:38,560 --> 01:40:41,199
their country to heart, take their

1895
01:40:41,199 --> 01:40:43,440
duties and responsibilities as Americans

1896
01:40:43,440 --> 01:40:46,880
to heart. Don't take that

1897
01:40:46,880 --> 01:40:48,719
uh

1898
01:40:48,719 --> 01:40:51,040
that birthight for granted. I appreciate

1899
01:40:51,040 --> 01:40:52,480
that. I appreciate everybody in this

1900
01:40:52,480 --> 01:40:53,920
room. I appreciate you guys for your

1901
01:40:53,920 --> 01:40:57,920
service. Seriously. Uh,

1902
01:40:57,920 --> 01:41:02,320
but I am the director for the US

1903
01:41:02,320 --> 01:41:04,400
Institute of Diplomacy and Human Rights

1904
01:41:04,400 --> 01:41:06,400
for the region of Nebraska. And we don't

1905
01:41:06,400 --> 01:41:07,840
have an Iowa director. We don't have a

1906
01:41:07,840 --> 01:41:09,040
Kansas director. We don't have a

1907
01:41:09,040 --> 01:41:10,480
Missouri director. So, I handle those

1908
01:41:10,480 --> 01:41:14,480
regions, too. Um, our AG is publicly

1909
01:41:14,480 --> 01:41:15,679
picking fights with Trump's

1910
01:41:15,679 --> 01:41:17,199
administration right now. We want to

1911
01:41:17,199 --> 01:41:19,920
hang my hat on necessarily all the

1912
01:41:19,920 --> 01:41:22,560
advice that you get from killers.

1913
01:41:22,560 --> 01:41:25,360
Uh, and we've heard a lot of mentions of

1914
01:41:25,360 --> 01:41:26,880
the Constitution and the Bill of Rights,

1915
01:41:26,880 --> 01:41:29,119
particularly the First Amendment. So, I

1916
01:41:29,119 --> 01:41:30,639
want to give you guys an example of

1917
01:41:30,639 --> 01:41:32,800
something that would not be on the

1918
01:41:32,800 --> 01:41:35,440
agenda because everything that's not on

1919
01:41:35,440 --> 01:41:37,040
the agenda, you know, these are outlier

1920
01:41:37,040 --> 01:41:38,480
issues and how would you know to put

1921
01:41:38,480 --> 01:41:41,600
something on there if it's if it's not

1922
01:41:41,600 --> 01:41:44,800
on there if it's not your issue? So,

1923
01:41:44,800 --> 01:41:47,920
um, one of my jobs necessarily is making

1924
01:41:47,920 --> 01:41:50,960
sure that people have access to physical

1925
01:41:50,960 --> 01:41:52,480
documents

1926
01:41:52,480 --> 01:41:55,440
that represent your rights here in this

1927
01:41:55,440 --> 01:41:58,480
country. And so, the declaration, not

1928
01:41:58,480 --> 01:42:00,800
just not just the declaration, but the

1929
01:42:00,800 --> 01:42:02,639
rights of man, also very historical

1930
01:42:02,639 --> 01:42:04,480
documents that go all the way back to

1931
01:42:04,480 --> 01:42:07,119
Carta. Uh,

1932
01:42:07,119 --> 01:42:09,360
and

1933
01:42:09,360 --> 01:42:12,719
I tried to inquire into a booth at the

1934
01:42:12,719 --> 01:42:15,119
John C. Fremont days where we could pass

1935
01:42:15,119 --> 01:42:16,880
copies of the Constitution because I

1936
01:42:16,880 --> 01:42:18,800
think that people are right. One of the

1937
01:42:18,800 --> 01:42:20,000
reasons that we have some of the

1938
01:42:20,000 --> 01:42:21,119
problems that we have in this country is

1939
01:42:21,119 --> 01:42:22,159
because people don't make it their

1940
01:42:22,159 --> 01:42:23,840
business to know what it means to be an

1941
01:42:23,840 --> 01:42:25,199
American or what your duties and

1942
01:42:25,199 --> 01:42:27,679
responsibilities are to this country or

1943
01:42:27,679 --> 01:42:29,600
what those amendments mean or what these

1944
01:42:29,600 --> 01:42:32,080
men fought and died for that built the

1945
01:42:32,080 --> 01:42:34,960
country. And so I think that we should

1946
01:42:34,960 --> 01:42:36,560
pass it out. I think we should read it.

1947
01:42:36,560 --> 01:42:37,679
I think we should have it in our

1948
01:42:37,679 --> 01:42:39,520
schools. I think we should hang it on

1949
01:42:39,520 --> 01:42:41,280
the walls.

1950
01:42:41,280 --> 01:42:43,199
And I I called and I said, "What if I

1951
01:42:43,199 --> 01:42:45,040
just want to pass out copies of the

1952
01:42:45,040 --> 01:42:46,239
Constitution?" I didn't want to set a

1953
01:42:46,239 --> 01:42:47,520
high bar. What if we just want to pass

1954
01:42:47,520 --> 01:42:49,280
out free copies of the Constitution to

1955
01:42:49,280 --> 01:42:51,760
the public? And I was told, "You are not

1956
01:42:51,760 --> 01:42:54,159
allowed to bring the Constitution to our

1957
01:42:54,159 --> 01:42:57,280
event. We will have you arrested."

1958
01:42:57,280 --> 01:43:00,239
And so I'm an American. So I went to the

1959
01:43:00,239 --> 01:43:02,080
edge of their event, passed out the

1960
01:43:02,080 --> 01:43:05,040
Constitution to all my fellow Americans.

1961
01:43:05,040 --> 01:43:07,119
So they went to an officer. He looked

1962
01:43:07,119 --> 01:43:09,760
like that Jensen guy and they asked him

1963
01:43:09,760 --> 01:43:12,639
to arrest me and he told them no. Which

1964
01:43:12,639 --> 01:43:14,320
might be why he made sergeant if it's

1965
01:43:14,320 --> 01:43:17,920
the same guy. Hey, I'm telling you, man.

1966
01:43:17,920 --> 01:43:19,520
Everybody doesn't think about this

1967
01:43:19,520 --> 01:43:21,920
stuff, but I don't want these people in

1968
01:43:21,920 --> 01:43:24,639
this room right now who I just said took

1969
01:43:24,639 --> 01:43:28,480
the due diligence to come up here and make it their duty to defend their

1970
01:43:28,480 --> 01:43:30,080
country and their birthright as American

1971
01:43:30,080 --> 01:43:32,800
citizens. I don't want to make them put

1972
01:43:32,800 --> 01:43:35,760
my kids to trade school or give them

1973
01:43:35,760 --> 01:43:37,520
money to start businesses once they

1974
01:43:37,520 --> 01:43:40,400
graduate. But if you arrest me for

1975
01:43:40,400 --> 01:43:42,320
passing out the Constitution in the city

1976
01:43:42,320 --> 01:43:43,840
where I live in the United States of

1977
01:43:43,840 --> 01:43:46,719
America, I would sue everybody on this

1978
01:43:46,719 --> 01:43:49,360
council personally except my councilman

1979
01:43:49,360 --> 01:43:50,400
because I know he wouldn't have been

1980
01:43:50,400 --> 01:43:52,960
party in that. But whoever made that

1981
01:43:52,960 --> 01:43:55,199
contract with John Fremont days, you

1982
01:43:55,199 --> 01:43:56,960
guys should vet people a little bit more

1983
01:43:56,960 --> 01:44:00,159
thoroughly what kind of beliefs they

1984
01:44:00,159 --> 01:44:03,360
bring when they broker alliances and

1985
01:44:03,360 --> 01:44:05,440
contracts to do business with the people

1986
01:44:05,440 --> 01:44:07,760
of the city of Fremont.

1987
01:44:07,760 --> 01:44:09,679
Thank you all for your attention. Any

1988
01:44:09,679 --> 01:44:11,360
kind of questions you guys have, I'd be

1989
01:44:11,360 --> 01:44:13,600
happy to answer them. I see the clerk is

1990
01:44:13,600 --> 01:44:16,159
looking very confused right now. This is

1991
01:44:16,159 --> 01:44:19,360
the first you've heard of any of this.

1992
01:44:19,360 --> 01:44:21,760
Okay, fair enough. I appreciate you guys

1993
01:44:21,760 --> 01:44:26,149
time.

1994
01:44:26,159 --> 01:44:34,629
Anybody else on this?

1995
01:44:34,639 --> 01:44:36,880
State your name and address, please.

1996
01:44:36,880 --> 01:44:39,520
Roger Brimmerman, 921 North Clarson

1997
01:44:39,520 --> 01:44:43,760
Street, lifelong resident of Fremont.

1998
01:44:43,760 --> 01:44:48,080
And um you know, my dad was alive and we

1999
01:44:48,080 --> 01:44:51,040
used to get full tribune.

2000
01:44:51,040 --> 01:44:52,400
He used to complain about a lot of

2001
01:44:52,400 --> 01:44:54,960
things that the city council did. I have

2002
01:44:54,960 --> 01:44:58,159
said or I I I have to say that we've

2003
01:44:58,159 --> 01:45:00,880
come a long ways from the 60s and 70s on

2004
01:45:00,880 --> 01:45:02,719
how we handled meetings and and

2005
01:45:02,719 --> 01:45:05,600
businesses and even the 80s, but I don't

2006
01:45:05,600 --> 01:45:08,080
think we've gone far enough.

2007
01:45:08,080 --> 01:45:11,440
And you need to vote no on this. You

2008
01:45:11,440 --> 01:45:14,880
really need to look at your option, you

2009
01:45:14,880 --> 01:45:17,199
know, better options doing this during a

2010
01:45:17,199 --> 01:45:19,199
city council meeting and not a half hour

2011
01:45:19,199 --> 01:45:21,440
before on the fourth Tuesday that

2012
01:45:21,440 --> 01:45:24,080
everybody has to wrangle around and

2013
01:45:24,080 --> 01:45:26,480
everything. You also have another

2014
01:45:26,480 --> 01:45:29,440
audience that's at your deficit and that

2015
01:45:29,440 --> 01:45:31,040
is social media and that's what brought

2016
01:45:31,040 --> 01:45:32,960
me here tonight

2017
01:45:32,960 --> 01:45:36,320
because in the two posts that I read and

2018
01:45:36,320 --> 01:45:38,960
had responses they were commenting on

2019
01:45:38,960 --> 01:45:41,280
the eliminating the open public comment

2020
01:45:41,280 --> 01:45:48,000
period and that's where it ended not to comply with the open meetings act.

2021
01:45:48,000 --> 01:45:50,639
So your word smithing or how you do

2022
01:45:50,639 --> 01:45:54,000
things is very very important. Public

2023
01:45:54,000 --> 01:45:57,679
perception right now is not very good.

2024
01:45:57,679 --> 01:46:01,040
Especially with our younger citizens of

2025
01:46:01,040 --> 01:46:03,119
this city,

2026
01:46:03,119 --> 01:46:04,800
you should see all the comments on the

2027
01:46:04,800 --> 01:46:07,440
utilities rate hike.

2028
01:46:07,440 --> 01:46:10,480
It's not good. People are not happy with

2029
01:46:10,480 --> 01:46:12,880
that. And I understand as running

2030
01:46:12,880 --> 01:46:15,280
businesses in this town or or being a

2031
01:46:15,280 --> 01:46:18,080
part of managing organizations, you do

2032
01:46:18,080 --> 01:46:20,960
have to ask for a little bit more to do

2033
01:46:20,960 --> 01:46:24,880
a little bit more. But I really would

2034
01:46:24,880 --> 01:46:27,040
encourage you first of all to vote no on

2035
01:46:27,040 --> 01:46:30,320
this. Second of all to really really

2036
01:46:30,320 --> 01:46:33,520
think about your perception and you

2037
01:46:33,520 --> 01:46:35,440
can't rely on the Tribune. I used to

2038
01:46:35,440 --> 01:46:36,880
take it when it was a newspaper and it

2039
01:46:36,880 --> 01:46:40,000
went online and I did that and I thought

2040
01:46:40,000 --> 01:46:42,639
I' I've got better things to, you know,

2041
01:46:42,639 --> 01:46:45,440
and I and I rely on social media. But

2042
01:46:45,440 --> 01:46:49,119
now I found out that coming here based

2043
01:46:49,119 --> 01:46:52,560
on what I read was kind of a falsehood

2044
01:46:52,560 --> 01:46:56,000
in a way too. So you need to find other

2045
01:46:56,000 --> 01:46:59,760
ways to publicize things to the media.

2046
01:46:59,760 --> 01:47:02,159
We are in the 21st century. We are

2047
01:47:02,159 --> 01:47:04,880
digital. I know you can go on the city

2048
01:47:04,880 --> 01:47:08,000
website and get all the past agendas and

2049
01:47:08,000 --> 01:47:11,119
all the minutes and all that, but people

2050
01:47:11,119 --> 01:47:14,239
that's work and people don't want to do

2051
01:47:14,239 --> 01:47:16,639
that kind of research work. You know,

2052
01:47:16,639 --> 01:47:18,320
they just they want it put right in

2053
01:47:18,320 --> 01:47:20,560
front of them. So, I don't know as a

2054
01:47:20,560 --> 01:47:22,400
governing body what you can do, but you

2055
01:47:22,400 --> 01:47:24,480
really really I encourage you to really

2056
01:47:24,480 --> 01:47:27,199
start thinking about this because it's

2057
01:47:27,199 --> 01:47:29,280
issues like this and this isn't going to

2058
01:47:29,280 --> 01:47:32,719
be the first issue. There's

2059
01:47:32,719 --> 01:47:34,719
living here my whole life and a sixth

2060
01:47:34,719 --> 01:47:38,239
generation person of this county.

2061
01:47:38,239 --> 01:47:40,000
This isn't the first issue and it won't

2062
01:47:40,000 --> 01:47:43,840
be the last, but we improvement could

2063
01:47:43,840 --> 01:47:46,080
certainly certainly take place. Thank

2064
01:47:46,080 --> 01:47:46,719
you.

2065
01:47:46,719 --> 01:47:49,679
>> Thank you.

2066
01:47:49,679 --> 01:47:52,880
Anybody else on this?

2067
01:47:52,880 --> 01:47:55,520
I'll close the public comment period.

2068
01:47:55,520 --> 01:47:58,560
Coming back to council. Mayor, if I may

2069
01:47:58,560 --> 01:48:00,800
just give a brief uh followup to my

2070
01:48:00,800 --> 01:48:01,600
comments.

2071
01:48:01,600 --> 01:48:02,400
>> Go ahead.

2072
01:48:02,400 --> 01:48:05,280
>> The concern here is if a member of a

2073
01:48:05,280 --> 01:48:07,440
complaint about an action in district

2074
01:48:07,440 --> 01:48:09,360
court, then we'd be dealing with strict

2075
01:48:09,360 --> 01:48:11,040
statutory interpretation. There aren't

2076
01:48:11,040 --> 01:48:12,560
any cases on this because there hasn't

2077
01:48:12,560 --> 01:48:14,320
been an action brought before. I don't

2078
01:48:14,320 --> 01:48:16,639
want our city to be the test case. But

2079
01:48:16,639 --> 01:48:18,719
under the open meetings act, a meeting

2080
01:48:18,719 --> 01:48:20,800
is either or four things. A briefing,

2081
01:48:20,800 --> 01:48:22,080
which I think this constitutes a

2082
01:48:22,080 --> 01:48:23,920
briefing, any public comment, discussion

2083
01:48:23,920 --> 01:48:26,000
of public business. I think anyone who's

2084
01:48:26,000 --> 01:48:27,440
married has had a discussion where only

2085
01:48:27,440 --> 01:48:30,000
one site said something formation of

2086
01:48:30,000 --> 01:48:32,239
tenative policy or the taking of action

2087
01:48:32,239 --> 01:48:35,520
of body public body. So there's at least

2088
01:48:35,520 --> 01:48:37,520
two matters in there where public

2089
01:48:37,520 --> 01:48:39,199
comment would constitute would fit into

2090
01:48:39,199 --> 01:48:40,320
the definition of a meeting. And

2091
01:48:40,320 --> 01:48:42,719
therefore the matters at the meeting

2092
01:48:42,719 --> 01:48:44,159
that will be discussed need to be

2093
01:48:44,159 --> 01:48:46,080
publicized to the public. And I think

2094
01:48:46,080 --> 01:48:47,760
tonight is a great example when we put

2095
01:48:47,760 --> 01:48:49,679
items on the agenda that the public

2096
01:48:49,679 --> 01:48:51,199
cares about they'll come here and speak

2097
01:48:51,199 --> 01:48:53,199
about it. So, I just want the council to

2098
01:48:53,199 --> 01:48:54,719
know that if this is based strictly on

2099
01:48:54,719 --> 01:48:56,639
statutory interpretation, I'm not

2100
01:48:56,639 --> 01:48:58,000
comfortable relying solely on the

2101
01:48:58,000 --> 01:48:59,600
disposition of the attorney general from

2102
01:48:59,600 --> 01:49:01,920
a complaint that was filed in 2018. It

2103
01:49:01,920 --> 01:49:03,840
didn't address all the issues that we're

2104
01:49:03,840 --> 01:49:11,990
talking.

2105
01:49:12,000 --> 01:49:14,719
» Yeah, please.

2106
01:49:14,719 --> 01:49:18,239
Is that all you have left?

2107
01:49:18,239 --> 01:49:20,960
>> All right, Councilman her. Thank you,

2108
01:49:20,960 --> 01:49:23,920
mayor. Um I I want to clear up one um

2109
01:49:23,920 --> 01:49:26,080
misunderstanding in the meeting tonight.

2110
01:49:26,080 --> 01:49:30,000
Um someone said that we removed items

2111
01:49:30,000 --> 01:49:34,400
from the agenda and and that is not the

2112
01:49:34,400 --> 01:49:37,119
case. We did remove three items from the

2113
01:49:37,119 --> 01:49:39,280
consent agenda and the consent agenda

2114
01:49:39,280 --> 01:49:41,199
and I know this is probably review for

2115
01:49:41,199 --> 01:49:42,560
many of you, but I'm just going to say

2116
01:49:42,560 --> 01:49:46,320
it anyways. Consent agenda are routine

2117
01:49:46,320 --> 01:49:48,400
items considered routine. We don't need

2118
01:49:48,400 --> 01:49:50,239
to discuss every one of them. So we vote

2119
01:49:50,239 --> 01:49:52,320
on them as a block without discussion.

2120
01:49:52,320 --> 01:49:55,679
Some of those items you as citizens,

2121
01:49:55,679 --> 01:49:58,560
council members, the mayor, clerk, staff

2122
01:49:58,560 --> 01:50:00,800
can request they be removed so we can

2123
01:50:00,800 --> 01:50:03,440
discuss them and then we can vote on.

2124
01:50:03,440 --> 01:50:06,000
Three of those were done tonight. We

2125
01:50:06,000 --> 01:50:08,320
discussed them. We voted. Nothing was

2126
01:50:08,320 --> 01:50:10,080
removed from the agenda. It was

2127
01:50:10,080 --> 01:50:12,239
repositioned from the consent agenda to

2128
01:50:12,239 --> 01:50:14,080
the main pain main agenda. So we can

2129
01:50:14,080 --> 01:50:15,920
discuss them. So I just want to make

2130
01:50:15,920 --> 01:50:18,480
sure that everybody understands that.

2131
01:50:18,480 --> 01:50:20,639
The other one is um and maybe I'm a

2132
01:50:20,639 --> 01:50:22,560
little premature here because I see a

2133
01:50:22,560 --> 01:50:24,400
list of other council members that want

2134
01:50:24,400 --> 01:50:26,719
to speak. I do have a recommended

2135
01:50:26,719 --> 01:50:31,119
amendment for tonight. Um I I I have

2136
01:50:31,119 --> 01:50:33,040
been reading myself and I do believe

2137
01:50:33,040 --> 01:50:37,360
that I have read a couple of um um newer

2138
01:50:37,360 --> 01:50:41,189
um

2139
01:50:41,199 --> 01:50:43,920
articles and etc that have expressed

2140
01:50:43,920 --> 01:50:46,880
concern about similar formats to what

2141
01:50:46,880 --> 01:50:48,960
we've been doing and that they might be

2142
01:50:48,960 --> 01:50:51,440
violating the opens meeting act. my

2143
01:50:51,440 --> 01:50:53,760
amendment to this because I do believe

2144
01:50:53,760 --> 01:50:56,639
if we are in violation, we sure should

2145
01:50:56,639 --> 01:50:59,280
correct it. And my amendment hopefully

2146
01:50:59,280 --> 01:51:02,000
will do that and preserve the parts we

2147
01:51:02,000 --> 01:51:05,280
like and get it into the part that or

2148
01:51:05,280 --> 01:51:07,920
get it into compliance so that it would

2149
01:51:07,920 --> 01:51:09,520
be a little bit harder for someone to

2150
01:51:09,520 --> 01:51:11,679
come and beat us up legally, I guess.

2151
01:51:11,679 --> 01:51:14,080
So, I can do that now or I can wait

2152
01:51:14,080 --> 01:51:15,840
until everybody else had a chance to

2153
01:51:15,840 --> 01:51:17,199
talk.

2154
01:51:17,199 --> 01:51:19,679
>> What would you do? Um, what I would

2155
01:51:19,679 --> 01:51:23,040
propose for the amendment to 5755

2156
01:51:23,040 --> 01:51:28,239
is that we modify FMC2-103

2157
01:51:28,239 --> 01:51:30,159
to move the public comment period to

2158
01:51:30,159 --> 01:51:32,560
begin after the regular meeting is

2159
01:51:32,560 --> 01:51:34,960
called to order and its placement would

2160
01:51:34,960 --> 01:51:38,000
be after the consent agenda.

2161
01:51:38,000 --> 01:51:39,599
It would have all the features that

2162
01:51:39,599 --> 01:51:42,639
currently exist.

2163
01:51:42,639 --> 01:51:44,480
Public can come in and talk about what's

2164
01:51:44,480 --> 01:51:46,480
on their mind. they don't have to call

2165
01:51:46,480 --> 01:51:48,800
in ahead of time and then what they

2166
01:51:48,800 --> 01:51:50,719
would be able and we would not be able

2167
01:51:50,719 --> 01:51:52,639
to like we can't now we would not be

2168
01:51:52,639 --> 01:51:54,960
able to engage because then it becomes

2169
01:51:54,960 --> 01:51:57,920
business and if we're not able to engage

2170
01:51:57,920 --> 01:51:59,840
it's a listening session I don't even

2171
01:51:59,840 --> 01:52:01,119
care if you change it and call it a

2172
01:52:01,119 --> 01:52:03,760
listening session um you can call it

2173
01:52:03,760 --> 01:52:05,280
whatever you want some of the other

2174
01:52:05,280 --> 01:52:07,119
count cities are calling it different

2175
01:52:07,119 --> 01:52:10,239
things um I like to keep it simple

2176
01:52:10,239 --> 01:52:12,400
comments from the floor public comments

2177
01:52:12,400 --> 01:52:14,239
whatever

2178
01:52:14,239 --> 01:52:17,920
and and make it a regular agenda item

2179
01:52:17,920 --> 01:52:19,679
subject to all the same rules that now

2180
01:52:19,679 --> 01:52:21,760
apply to our current public comment

2181
01:52:21,760 --> 01:52:24,639
period. And then um we keep it on the

2182
01:52:24,639 --> 01:52:27,280
last Tuesday of each month.

2183
01:52:27,280 --> 01:52:29,040
And I think that would be a very simple

2184
01:52:29,040 --> 01:52:33,040
amendment to this. We would take care of

2185
01:52:33,040 --> 01:52:35,440
our city attorney's concern. I think at

2186
01:52:35,440 --> 01:52:37,520
least the main point of it and that is

2187
01:52:37,520 --> 01:52:40,960
that it's outside of the official

2188
01:52:40,960 --> 01:52:44,960
meeting and it is um it comes now after

2189
01:52:44,960 --> 01:52:46,719
we've called the official meeting to

2190
01:52:46,719 --> 01:52:49,119
order. It's going to fall after the the

2191
01:52:49,119 --> 01:52:52,639
um the um consent agenda items and then

2192
01:52:52,639 --> 01:52:55,679
we can sit and listen to folks talk

2193
01:52:55,679 --> 01:52:58,639
about what's on their mind. And I do

2194
01:52:58,639 --> 01:53:00,639
believe that it has and I think one of

2195
01:53:00,639 --> 01:53:03,840
the speakers brought this up. I I

2196
01:53:03,840 --> 01:53:05,280
thought about the fact that if we do

2197
01:53:05,280 --> 01:53:07,920
that, it does have kind of a benefit

2198
01:53:07,920 --> 01:53:10,560
that if there's nobody here to talk,

2199
01:53:10,560 --> 01:53:11,920
we're just going to move on. We're not

2200
01:53:11,920 --> 01:53:14,239
going to sit here for 30 minutes um

2201
01:53:14,239 --> 01:53:16,000
waiting on that to occur. And if there

2202
01:53:16,000 --> 01:53:18,000
are people, we would still cap it at 30

2203
01:53:18,000 --> 01:53:20,000
minutes so that we can get on with the

2204
01:53:20,000 --> 01:53:21,520
business of people and we wouldn't be

2205
01:53:21,520 --> 01:53:25,040
here um an exorbitant amount of time. So

2206
01:53:25,040 --> 01:53:27,040
that's my amendment. I would recommend

2207
01:53:27,040 --> 01:53:28,719
that. I would move that we make that

2208
01:53:28,719 --> 01:53:30,400
amendment and I would hope someone could

2209
01:53:30,400 --> 01:53:37,430
support that.

2210
01:53:37,440 --> 01:53:40,400
Councilwoman Ganon,

2211
01:53:40,400 --> 01:53:42,639
>> I was going to speak, but I also want to

2212
01:53:42,639 --> 01:53:44,880
sec I will second that because that's

2213
01:53:44,880 --> 01:53:47,199
what I found in our in my surveys as

2214
01:53:47,199 --> 01:53:51,280
well and it it is included in several

2215
01:53:51,280 --> 01:53:54,239
other cities. It's part of the agenda

2216
01:53:54,239 --> 01:53:56,560
and each one handles it differently a

2217
01:53:56,560 --> 01:53:58,400
little bit and we can probably work out

2218
01:53:58,400 --> 01:54:01,040
on the details as far as what to call

2219
01:54:01,040 --> 01:54:10,070
it.

2220
01:54:10,080 --> 01:54:11,920
» Council member Horner, would you just

2221
01:54:11,920 --> 01:54:13,760
want to propose these general terms and

2222
01:54:13,760 --> 01:54:16,239
then I'll incorporate them into an

2223
01:54:16,239 --> 01:54:17,599
amended ordinance for the second

2224
01:54:17,599 --> 01:54:20,080
reading?

2225
01:54:20,080 --> 01:54:22,480
No, we just vote on the amendment then

2226
01:54:22,480 --> 01:54:23,840
rather than typing it up now.

2227
01:54:23,840 --> 01:54:28,310
>> Me, too. Yes, absolutely.

2228
01:54:28,320 --> 01:54:29,599
» All right. So, I have a motion and a

2229
01:54:29,599 --> 01:54:31,920
second for amendment.

2230
01:54:31,920 --> 01:54:33,440
>> We have quick discussion

2231
01:54:33,440 --> 01:54:35,119
>> and Paul, I was just going to come to

2232
01:54:35,119 --> 01:54:35,599
you.

2233
01:54:35,599 --> 01:54:38,560
>> No, just traditionally there's

2234
01:54:38,560 --> 01:54:40,239
discussion following a second. Just like

2235
01:54:40,239 --> 01:54:42,239
to be clear. What does that do to

2236
01:54:42,239 --> 01:54:44,480
tonight's action?

2237
01:54:44,480 --> 01:54:46,719
Does that replace tonight's action?

2238
01:54:46,719 --> 01:54:48,400
Because what we're doing is tacking an

2239
01:54:48,400 --> 01:54:52,080
amendment on a proposal to modify. It

2240
01:54:52,080 --> 01:54:54,480
seems like that has the potential to get

2241
01:54:54,480 --> 01:54:56,639
muddy.

2242
01:54:56,639 --> 01:54:59,040
>> Well, we're not going to eliminate it.

2243
01:54:59,040 --> 01:55:00,880
That's the modification is instead of

2244
01:55:00,880 --> 01:55:02,560
eliminate it, we're going to modify it.

2245
01:55:02,560 --> 01:55:04,639
We're going to continue it, but we're

2246
01:55:04,639 --> 01:55:07,119
going to do it in the meeting instead of

2247
01:55:07,119 --> 01:55:09,280
out of the meeting.

2248
01:55:09,280 --> 01:55:12,470
basically

2249
01:55:12,480 --> 01:55:14,880
» and so the basic format public is still

2250
01:55:14,880 --> 01:55:18,320
free to speak. Come and speak.

2251
01:55:18,320 --> 01:55:19,760
>> It stays the same.

2252
01:55:19,760 --> 01:55:20,480
>> Thank you.

2253
01:55:20,480 --> 01:55:23,280
>> And I will be happy to work with anybody

2254
01:55:23,280 --> 01:55:24,800
else on the council to make sure we get

2255
01:55:24,800 --> 01:55:26,800
the leg language right. And we have two

2256
01:55:26,800 --> 01:55:28,880
more readings that it's got to come

2257
01:55:28,880 --> 01:55:31,280
before these guys to make sure we're

2258
01:55:31,280 --> 01:55:34,000
getting it right. Two more readings and

2259
01:55:34,000 --> 01:55:36,080
we will not fasttrack this one.

2260
01:55:36,080 --> 01:55:40,550
>> I'd love to help.

2261
01:55:40,560 --> 01:55:42,400
I have a motion.

2262
01:55:42,400 --> 01:55:46,149
>> Go ahead.

2263
01:55:46,159 --> 01:55:47,440
» No, go ahead. It's been moved and

2264
01:55:47,440 --> 01:55:48,639
seconded.

2265
01:55:48,639 --> 01:55:50,719
>> Then you will be coming back as a

2266
01:55:50,719 --> 01:55:53,920
modified with that amendment. So then we

2267
01:55:53,920 --> 01:55:56,239
would need to just for clarifications, I

2268
01:55:56,239 --> 01:55:58,480
know we've all been encouraged to say

2269
01:55:58,480 --> 01:56:01,679
no, we would in fact vote for this first

2270
01:56:01,679 --> 01:56:04,080
time and then at the second reading it

2271
01:56:04,080 --> 01:56:06,000
will be modified.

2272
01:56:06,000 --> 01:56:08,080
So what happens clarification? [snorts]

2273
01:56:08,080 --> 01:56:09,440
Correct.

2274
01:56:09,440 --> 01:56:11,440
>> What what would happen then to August

2275
01:56:11,440 --> 01:56:15,109
public comment?

2276
01:56:15,119 --> 01:56:17,440
» Okay. So we're we're going to continue

2277
01:56:17,440 --> 01:56:19,199
the end of August. We'll do normal

2278
01:56:19,199 --> 01:56:21,599
public comment. Third reading. We'll

2279
01:56:21,599 --> 01:56:27,030
roll it back into the council agenda.

2280
01:56:27,040 --> 01:56:29,520
» Right.

2281
01:56:29,520 --> 01:56:31,199
Would it make any more sense to just

2282
01:56:31,199 --> 01:56:33,280
continue this item as opposed to holding

2283
01:56:33,280 --> 01:56:36,800
the first reading tonight?

2284
01:56:36,800 --> 01:56:38,639
You want to Well, we have a motion on a

2285
01:56:38,639 --> 01:56:49,510
second.

2286
01:56:49,520 --> 01:56:51,760
I have a motion and a second. Now you

2287
01:56:51,760 --> 01:57:02,709
have to cast your vote.

2288
01:57:02,719 --> 01:57:06,470
The motion carries 8 to zero. Mayor

2289
01:57:06,480 --> 01:57:10,000
All right. Thank you.

2290
01:57:10,000 --> 01:57:27,270
Yep.

2291
01:57:27,280 --> 01:57:28,800
» Well, we have to vote it as amended

2292
01:57:28,800 --> 01:57:46,870
first, don't we?

2293
01:57:46,880 --> 01:57:49,360
Yes, we need a we need a motion for the

2294
01:57:49,360 --> 01:57:53,189
first reading as amended.

2295
01:57:53,199 --> 01:57:56,000
» Do I have that?

2296
01:57:56,000 --> 01:57:56,960
Councilman Jensen,

2297
01:57:56,960 --> 01:57:58,800
>> I will make the motion to hold first

2298
01:57:58,800 --> 01:58:02,560
reading war 5755 as amended.

2299
01:58:02,560 --> 01:58:03,920
>> Councilman Marsh,

2300
01:58:03,920 --> 01:58:10,470
>> I'll second that.

2301
01:58:10,480 --> 01:58:15,030
» That motion carries 8 to zero.

2302
01:58:15,040 --> 01:58:17,199
Ordinance number 5755, an ordinance of

2303
01:58:17,199 --> 01:58:18,639
the city of Fremont, Nebraska, repealing

2304
01:58:18,639 --> 01:58:20,159
and replacing chapter 2, article 1

2305
01:58:20,159 --> 01:58:21,520
section of the Fremont Municipal Code

2306
01:58:21,520 --> 01:58:22,880
regarding open public comment periods

2307
01:58:22,880 --> 01:58:24,239
and formal council study sessions and

2308
01:58:24,239 --> 01:58:25,440
all other ordinances or parts of

2309
01:58:25,440 --> 01:58:26,639
ordinances in conflict with this

2310
01:58:26,639 --> 01:58:28,400
ordinance, providing for severability

2311
01:58:28,400 --> 01:58:29,440
and providing when this ordinance shall

2312
01:58:29,440 --> 01:58:30,719
be in full force in effect first

2313
01:58:30,719 --> 01:58:34,149
reading.

2314
01:58:34,159 --> 01:58:41,430
» Thank you.

2315
01:58:41,440 --> 01:58:44,800
Okay. On item number 21, resolution

2316
01:58:44,800 --> 01:58:46,480
2026-205

2317
01:58:46,480 --> 01:58:48,320
amending master fee schedule to support

2318
01:58:48,320 --> 01:58:51,280
changes to the ordinance 5749 approved

2319
01:58:51,280 --> 01:58:55,760
at the July 28 26th meeting

2320
01:58:55,760 --> 01:59:00,239
council members von Baron and Gano item.

2321
01:59:00,239 --> 01:59:02,239
>> Now this is just a followup to what we

2322
01:59:02,239 --> 01:59:04,080
approved at the last meeting as we were

2323
01:59:04,080 --> 01:59:05,599
working through the animal control

2324
01:59:05,599 --> 01:59:09,360
ordinances. Uh we've obviously times

2325
01:59:09,360 --> 01:59:12,320
change. Uh we've one of the things that

2326
01:59:12,320 --> 01:59:16,320
we found is Fremont has proportionally

2327
01:59:16,320 --> 01:59:20,080
per population probably a larger animal

2328
01:59:20,080 --> 01:59:22,560
control challenge than most cities of

2329
01:59:22,560 --> 01:59:25,440
comparable size. And so we visited with

2330
01:59:25,440 --> 01:59:29,520
officer Steamer. She had a heavy hand in

2331
01:59:29,520 --> 01:59:32,400
the advice, a very good constructive

2332
01:59:32,400 --> 01:59:34,639
heavy hand in the advice, advising us

2333
01:59:34,639 --> 01:59:37,679
what she felt would be required to

2334
01:59:37,679 --> 01:59:39,760
change some behaviors to discourage, to

2335
01:59:39,760 --> 01:59:41,520
enable enforcement, that kind of thing.

2336
01:59:41,520 --> 01:59:43,520
So that's what you see in front of you.

2337
01:59:43,520 --> 01:59:46,159
It's you can see what the uh fees have

2338
01:59:46,159 --> 01:59:48,080
been in the past. We added a couple of

2339
01:59:48,080 --> 01:59:52,000
new categories and tried to no modify

2340
01:59:52,000 --> 01:59:54,639
the system references so those were more

2341
01:59:54,639 --> 01:59:57,760
clear. So, it's fairly straightforward

2342
01:59:57,760 --> 02:00:00,080
matter. It's just an updated version of

2343
02:00:00,080 --> 02:00:07,189
fees and assessments for offenses.

2344
02:00:07,199 --> 02:00:08,880
» Okay, Councilman her.

2345
02:00:08,880 --> 02:00:11,360
>> Um, thanks, Mayor. I have no questions

2346
02:00:11,360 --> 02:00:13,280
really. Um, and I just want to thank

2347
02:00:13,280 --> 02:00:15,679
Paul and Sally for the hard work and all

2348
02:00:15,679 --> 02:00:17,440
the other folks that who were part of

2349
02:00:17,440 --> 02:00:20,320
this. And um I I'm not good at the

2350
02:00:20,320 --> 02:00:21,679
Golden Globe stuff because I never

2351
02:00:21,679 --> 02:00:24,320
remember who all to thank. But um um you

2352
02:00:24,320 --> 02:00:26,080
guys did a lot of work. We appreciate

2353
02:00:26,080 --> 02:00:28,320
it. My only comment is one word of

2354
02:00:28,320 --> 02:00:30,320
caution and I shared this with you guys

2355
02:00:30,320 --> 02:00:33,440
earlier. What's a colony? Um you know,

2356
02:00:33,440 --> 02:00:36,400
where does that definition begin? Um you

2357
02:00:36,400 --> 02:00:38,880
know, is it five, is it eight, you know,

2358
02:00:38,880 --> 02:00:41,760
etc. Um just a word of caution, that

2359
02:00:41,760 --> 02:00:44,719
could be an issue at some point in the

2360
02:00:44,719 --> 02:00:46,719
future I could see arising is what is a

2361
02:00:46,719 --> 02:00:48,000
colony? And I don't know how you get at

2362
02:00:48,000 --> 02:00:50,639
that, but we just have to be mindful of

2363
02:00:50,639 --> 02:00:53,199
that.

2364
02:00:53,199 --> 02:00:57,750
Well noted.

2365
02:00:57,760 --> 02:01:02,070
» Any other questions?

2366
02:01:02,080 --> 02:01:04,159
» Just a general answer to your question.

2367
02:01:04,159 --> 02:01:06,320
Fremont does have specific limits on

2368
02:01:06,320 --> 02:01:08,400
numbers of dogs and cats that can be

2369
02:01:08,400 --> 02:01:11,239
housed. And so if somebody's maybe

2370
02:01:11,239 --> 02:01:12,400
[clears throat] has a couple cats that

2371
02:01:12,400 --> 02:01:14,880
they're feeding on the back porch and

2372
02:01:14,880 --> 02:01:16,960
they're over the limit, that may not be

2373
02:01:16,960 --> 02:01:20,480
a colony. Uh if they've got 15 or 20,

2374
02:01:20,480 --> 02:01:22,560
which is not uncommon, that becomes a

2375
02:01:22,560 --> 02:01:24,320
colony. So there's some officer

2376
02:01:24,320 --> 02:01:32,229
discretion involved.

2377
02:01:32,239 --> 02:01:46,229
I'll take uh comments from the public.

2378
02:01:46,239 --> 02:01:47,840
state your name and address.

2379
02:01:47,840 --> 02:01:51,280
>> Right, 1537 Brewer Drive. Um, I just

2380
02:01:51,280 --> 02:01:52,880
wanted to make sure that you guys

2381
02:01:52,880 --> 02:01:54,320
understand what you're doing here with

2382
02:01:54,320 --> 02:01:58,400
this increase to the master fee

2383
02:01:58,400 --> 02:02:03,040
schedule. Um, so the colonies that are

2384
02:02:03,040 --> 02:02:06,320
in question, the cat colony that are in

2385
02:02:06,320 --> 02:02:10,560
question here, let's not forget that

2386
02:02:10,560 --> 02:02:13,520
most of the people that feed the stray

2387
02:02:13,520 --> 02:02:18,080
cats are ones that are lower income.

2388
02:02:18,080 --> 02:02:20,880
They have no no, you know, like

2389
02:02:20,880 --> 02:02:22,560
interaction really with the outside

2390
02:02:22,560 --> 02:02:25,119
world much except for those cats. And so

2391
02:02:25,119 --> 02:02:26,560
they're already low income. And now

2392
02:02:26,560 --> 02:02:28,239
we're going to raise not only are we

2393
02:02:28,239 --> 02:02:30,400
going to make them get a permit so that

2394
02:02:30,400 --> 02:02:33,119
you know where all the cats are when we

2395
02:02:33,119 --> 02:02:34,880
don't even have a program in place right

2396
02:02:34,880 --> 02:02:38,159
now to control the cats that we already

2397
02:02:38,159 --> 02:02:40,080
have and you guys are only seeing the

2398
02:02:40,080 --> 02:02:43,199
public only sees 20% of what is actually

2399
02:02:43,199 --> 02:02:46,320
out there. So the rest lives in you know

2400
02:02:46,320 --> 02:02:49,280
underground and all that stuff. So I

2401
02:02:49,280 --> 02:02:52,000
mean I really don't think that this is

2402
02:02:52,000 --> 02:02:54,480
the right option to go. The colony kept

2403
02:02:54,480 --> 02:02:56,080
caretaker permits should have never been

2404
02:02:56,080 --> 02:02:58,400
in place to begin with, but just keep in

2405
02:02:58,400 --> 02:02:59,920
mind that those guys, they're usually

2406
02:02:59,920 --> 02:03:01,920
the lower income people and now we're

2407
02:03:01,920 --> 02:03:04,560
going to find them for trying to feed an

2408
02:03:04,560 --> 02:03:10,070
animal. It's not very nice.

2409
02:03:10,080 --> 02:03:10,239
If

2410
02:03:10,239 --> 02:03:12,560
>> I could just comment on that briefly.

2411
02:03:12,560 --> 02:03:13,040
>> Yes.

2412
02:03:13,040 --> 02:03:13,760
>> Respond to that.

2413
02:03:13,760 --> 02:03:14,800
>> We got another

2414
02:03:14,800 --> 02:03:21,589
>> Oh, I'm I'm sorry. Excuse me.

2415
02:03:21,599 --> 02:03:22,960
Having been here for a couple years,

2416
02:03:22,960 --> 02:03:24,800
might as well make it good. I'm Susan

2417
02:03:24,800 --> 02:03:27,280
Shikovas, 1805 North D Street here in

2418
02:03:27,280 --> 02:03:30,880
Fremont. Um, somebody please correct me

2419
02:03:30,880 --> 02:03:33,040
after I'm finished or whoever wants to

2420
02:03:33,040 --> 02:03:34,960
speak after, but there's no fee attached

2421
02:03:34,960 --> 02:03:38,159
to that. Um, some of us have then been

2422
02:03:38,159 --> 02:03:40,480
part of the spay and neuter release

2423
02:03:40,480 --> 02:03:45,760
program and have ear tipped cats and I I

2424
02:03:45,760 --> 02:03:47,440
can't control the raccoon that comes and

2425
02:03:47,440 --> 02:03:48,800
sleeps underneath the porch or the

2426
02:03:48,800 --> 02:03:50,560
possums that kind of hibernate

2427
02:03:50,560 --> 02:03:52,480
underneath the other porch in somewhat

2428
02:03:52,480 --> 02:03:56,560
of a heated box. But um, a colony is

2429
02:03:56,560 --> 02:03:59,360
permitted and all the person has to do

2430
02:03:59,360 --> 02:04:02,480
is go get the permit. according to what

2431
02:04:02,480 --> 02:04:04,159
was printed in the agenda tonight. I'm

2432
02:04:04,159 --> 02:04:05,920
not aware that this any charge, but

2433
02:04:05,920 --> 02:04:08,080
again, please correct me if I'm wrong.

2434
02:04:08,080 --> 02:04:10,159
Thank you.

2435
02:04:10,159 --> 02:04:12,480
>> Thank you.

2436
02:04:12,480 --> 02:04:15,440
Anybody else on this?

2437
02:04:15,440 --> 02:04:17,520
>> Close the public comment.

2438
02:04:17,520 --> 02:04:19,360
>> Um, I would like to comment.

2439
02:04:19,360 --> 02:04:19,840
>> Please,

2440
02:04:19,840 --> 02:04:23,119
>> just uh because Susan Jacobus uh pointed

2441
02:04:23,119 --> 02:04:26,159
it out, the colony caretaker caretaker

2442
02:04:26,159 --> 02:04:29,599
permit fee was $150. That's the current

2443
02:04:29,599 --> 02:04:32,880
and we're recommending zero for the very

2444
02:04:32,880 --> 02:04:35,679
same reasons that you brought up because

2445
02:04:35,679 --> 02:04:37,440
they care for those cats. They love

2446
02:04:37,440 --> 02:04:40,000
them. They provide food for them. So,

2447
02:04:40,000 --> 02:04:47,669
it's gone down to zero.

2448
02:04:47,679 --> 02:04:49,599
» Paul, did you have a comment?

2449
02:04:49,599 --> 02:04:51,199
>> And that's I think that's the point

2450
02:04:51,199 --> 02:04:52,880
because we didn't want to discourage

2451
02:04:52,880 --> 02:04:55,280
people from it. The only penalty now

2452
02:04:55,280 --> 02:04:57,119
will be if that becomes a nuisance. the

2453
02:04:57,119 --> 02:04:58,800
first time it becomes a nuisance then

2454
02:04:58,800 --> 02:05:01,360
they do issue a permit and then it goes

2455
02:05:01,360 --> 02:05:04,480
from there. So that's

2456
02:05:04,480 --> 02:05:06,880
councilwoman is exactly right. The other

2457
02:05:06,880 --> 02:05:09,040
thing is we noticed uh last year we

2458
02:05:09,040 --> 02:05:11,040
brought a discussion item regarding

2459
02:05:11,040 --> 02:05:14,719
feral cat control and it is a problem in

2460
02:05:14,719 --> 02:05:18,000
some areas of Fremont. uh we realized

2461
02:05:18,000 --> 02:05:20,400
that we approved the concept but there

2462
02:05:20,400 --> 02:05:22,880
was no formal vote on the control

2463
02:05:22,880 --> 02:05:26,239
project or the formal control parameters

2464
02:05:26,239 --> 02:05:28,080
the things that would have to be done so

2465
02:05:28,080 --> 02:05:30,000
we will be bringing that to the next

2466
02:05:30,000 --> 02:05:32,719
meeting to formalize that asking your

2467
02:05:32,719 --> 02:05:36,320
support I will tell you it's changed

2468
02:05:36,320 --> 02:05:38,400
going into it I thought what in the

2469
02:05:38,400 --> 02:05:40,400
world we're staying and neutering cats

2470
02:05:40,400 --> 02:05:42,719
and then turning them back out makes no

2471
02:05:42,719 --> 02:05:45,040
sense once you think through it it's

2472
02:05:45,040 --> 02:05:46,960
worth doing So, we'll be bringing that

2473
02:05:46,960 --> 02:05:49,040
to the next meeting.

2474
02:05:49,040 --> 02:05:51,199
>> Thank you.

2475
02:05:51,199 --> 02:05:55,589
>> Any other discussion from councel?

2476
02:05:55,599 --> 02:06:04,709
» If not, I'll take a motion.

2477
02:06:04,719 --> 02:06:05,679
» Councilman Vaughn,

2478
02:06:05,679 --> 02:06:08,239
>> I'll make a motion to approve.

2479
02:06:08,239 --> 02:06:08,719
Councilman

2480
02:06:08,719 --> 02:06:16,310
>> Her, I'll second.

2481
02:06:16,320 --> 02:06:28,709
That motion carries 8 to zero. Mayor.

2482
02:06:28,719 --> 02:06:30,320
» All right. Thank you. Item number 22,

2483
02:06:30,320 --> 02:06:32,639
ordinance 5756, amending the food and

2484
02:06:32,639 --> 02:06:36,239
beverage occupation tax. First reading.

2485
02:06:36,239 --> 02:06:37,280
Staff.

2486
02:06:37,280 --> 02:06:39,280
>> Good evening, Mr. Mayor, members of

2487
02:06:39,280 --> 02:06:40,960
council. Jody Sanders, city

2488
02:06:40,960 --> 02:06:43,360
administrator. Um what you have before

2489
02:06:43,360 --> 02:06:45,199
you is the first reading of an ordinance

2490
02:06:45,199 --> 02:06:47,119
that would amend the uh food and

2491
02:06:47,119 --> 02:06:51,119
beverage occupation tax rate. Um

2492
02:06:51,119 --> 02:06:54,159
previously um it had been it when this

2493
02:06:54,159 --> 02:06:57,280
was first passed in 2015 the rate was

2494
02:06:57,280 --> 02:07:01,920
1.75 and that was established so that we

2495
02:07:01,920 --> 02:07:05,679
would not go over the $700,000 limit

2496
02:07:05,679 --> 02:07:08,239
that had been placed by uh the

2497
02:07:08,239 --> 02:07:10,079
legislature.

2498
02:07:10,079 --> 02:07:13,920
Um since that time we've had to bring

2499
02:07:13,920 --> 02:07:16,800
back to council requests to reduce it to

2500
02:07:16,800 --> 02:07:20,639
stay with underneath the 700,000 limit.

2501
02:07:20,639 --> 02:07:27,280
Um in 2025 uh the as part of uh kind of

2502
02:07:27,280 --> 02:07:29,760
an omnimous bill there was a section

2503
02:07:29,760 --> 02:07:33,440
that took out the um the lid on of

2504
02:07:33,440 --> 02:07:37,520
$700,000 on new occupation taxes. And so

2505
02:07:37,520 --> 02:07:40,880
without that lid in place,

2506
02:07:40,880 --> 02:07:45,360
um the the city could choose to raise

2507
02:07:45,360 --> 02:07:47,920
the rate back closer to where it was

2508
02:07:47,920 --> 02:07:51,360
originally. Um most communities that

2509
02:07:51,360 --> 02:07:54,800
have this are at least at a 1.5 if

2510
02:07:54,800 --> 02:07:58,320
Omaha's is actually at a 2.5

2511
02:07:58,320 --> 02:08:02,000
um tax rate. Um, one of the reasons why

2512
02:08:02,000 --> 02:08:04,239
we wanted to bring this uh to the

2513
02:08:04,239 --> 02:08:08,239
council for consideration is um we've

2514
02:08:08,239 --> 02:08:10,320
been visiting with uh council members

2515
02:08:10,320 --> 02:08:13,040
talking with them about the 2027 budget

2516
02:08:13,040 --> 02:08:16,639
and the deficit that we're in right

2517
02:08:16,639 --> 02:08:19,199
heading into 2027.

2518
02:08:19,199 --> 02:08:23,440
And we recognize that it's u not fair to

2519
02:08:23,440 --> 02:08:27,360
put the complete burden of of of

2520
02:08:27,360 --> 02:08:31,280
the cost of running the city on uh

2521
02:08:31,280 --> 02:08:33,199
property taxpayers

2522
02:08:33,199 --> 02:08:36,000
where a food and beverage tax is not

2523
02:08:36,000 --> 02:08:38,880
only paid by citizens, but it's paid by

2524
02:08:38,880 --> 02:08:42,159
anyone that is eating in our community.

2525
02:08:42,159 --> 02:08:45,040
Meaning the folks that come for um the

2526
02:08:45,040 --> 02:08:47,040
tournaments on the weekends and those

2527
02:08:47,040 --> 02:08:49,520
kinds of things. they're purchasing food

2528
02:08:49,520 --> 02:08:52,159
and um likely paying either they're

2529
02:08:52,159 --> 02:08:53,679
paying the tax or the restaurant is

2530
02:08:53,679 --> 02:08:56,880
paying the tax on their behalf. Um so it

2531
02:08:56,880 --> 02:08:59,199
kind of spreads the the burden a little

2532
02:08:59,199 --> 02:09:03,679
bit. Um as well as uh you know just

2533
02:09:03,679 --> 02:09:06,480
looking for ways so that we don't have

2534
02:09:06,480 --> 02:09:09,840
to have such reliance on property taxes

2535
02:09:09,840 --> 02:09:12,320
because in visiting with all of you

2536
02:09:12,320 --> 02:09:16,639
you've all expressed uh concern that we

2537
02:09:16,639 --> 02:09:18,480
don't

2538
02:09:18,480 --> 02:09:20,960
tax people out of their homes. you know,

2539
02:09:20,960 --> 02:09:24,079
the the city receives um a small portion

2540
02:09:24,079 --> 02:09:26,480
of the overall property tax levy of only

2541
02:09:26,480 --> 02:09:29,040
we only receive 16% of what's levied,

2542
02:09:29,040 --> 02:09:31,599
but still you were all clear you wanted

2543
02:09:31,599 --> 02:09:34,000
to do your part. This is one way that we

2544
02:09:34,000 --> 02:09:37,280
can get to the point where um perhaps we

2545
02:09:37,280 --> 02:09:41,520
won't have to go um quite so high on uh

2546
02:09:41,520 --> 02:09:44,880
our property tax request um because we'd

2547
02:09:44,880 --> 02:09:47,040
be receiving uh the the revenue from

2548
02:09:47,040 --> 02:09:50,639
this. We're currently at 1% and we are

2549
02:09:50,639 --> 02:09:52,400
collecting

2550
02:09:52,400 --> 02:09:56,239
slightly over $700,000. Now,

2551
02:09:56,239 --> 02:10:00,159
we have not been strictly enforcing it

2552
02:10:00,159 --> 02:10:02,960
uh the the tax because we really

2553
02:10:02,960 --> 02:10:06,239
shouldn't be collecting more than is uh

2554
02:10:06,239 --> 02:10:08,719
more than that $700,000 cap. That was

2555
02:10:08,719 --> 02:10:12,159
why we had not been um res, you know,

2556
02:10:12,159 --> 02:10:15,040
being very strict about our enforcement.

2557
02:10:15,040 --> 02:10:18,159
We have started the enforcement process.

2558
02:10:18,159 --> 02:10:20,560
Um the city staff has started the

2559
02:10:20,560 --> 02:10:23,360
enforcement process which will yes bring

2560
02:10:23,360 --> 02:10:26,480
in additional revenue but not to the

2561
02:10:26,480 --> 02:10:29,119
extent that if you change the uh tax

2562
02:10:29,119 --> 02:10:32,719
rate it would uh bring in at a bare

2563
02:10:32,719 --> 02:10:36,079
minimum we know $700,000. And that's

2564
02:10:36,079 --> 02:10:38,800
essentially $700,000 in property tax

2565
02:10:38,800 --> 02:10:41,360
relief. And that's why we felt being

2566
02:10:41,360 --> 02:10:43,199
good stewards of the public finances,

2567
02:10:43,199 --> 02:10:44,719
this was something that that we should

2568
02:10:44,719 --> 02:10:52,079
bring to your attention and um offer as your for your consideration tonight.

2569
02:10:52,079 --> 02:10:53,679
>> Questions from council. Councilman

2570
02:10:53,679 --> 02:10:55,199
Jensen.

2571
02:10:55,199 --> 02:10:57,440
>> Yeah, thank you. I just wanted to want

2572
02:10:57,440 --> 02:10:59,440
to touch on a couple things and yes, we

2573
02:10:59,440 --> 02:11:01,040
have all had these private meetings. We

2574
02:11:01,040 --> 02:11:04,079
all know what we're facing in 27 and as

2575
02:11:04,079 --> 02:11:06,639
you said this is part of

2576
02:11:06,639 --> 02:11:08,639
kind of spreading out the pain so

2577
02:11:08,639 --> 02:11:10,719
everybody gets gets a little taste of it

2578
02:11:10,719 --> 02:11:13,760
I guess. Uh my question was and you kind

2579
02:11:13,760 --> 02:11:16,320
of brought touched on that how uh how

2580
02:11:16,320 --> 02:11:19,119
compliant food trucks and been with this

2581
02:11:19,119 --> 02:11:22,000
tax and that and I was going to ask also

2582
02:11:22,000 --> 02:11:24,960
about the uh uh hotel rooms. I know

2583
02:11:24,960 --> 02:11:26,800
municipalities like to tax hotel rooms

2584
02:11:26,800 --> 02:11:27,840
because there ain't anybody that lives

2585
02:11:27,840 --> 02:11:30,400
here that's in them.

2586
02:11:30,400 --> 02:11:33,440
So we currently do tax hotel rooms. I

2587
02:11:33,440 --> 02:11:37,440
believe the rate is 4% isn't it Jen for

2588
02:11:37,440 --> 02:11:43,920
hotel tax. So we are receiving uh the benefit from those uh lodging taxes

2589
02:11:43,920 --> 02:11:47,760
as well. Um and the one of the one of

2590
02:11:47,760 --> 02:11:50,239
the ways that we're bringing um

2591
02:11:50,239 --> 02:11:54,079
enforcement action is simply by having a

2592
02:11:54,079 --> 02:11:57,360
kind of a

2593
02:11:57,360 --> 02:11:59,280
cross matching

2594
02:11:59,280 --> 02:12:02,320
what we have for mobile food vendors

2595
02:12:02,320 --> 02:12:05,440
versus who's paying the tax because the

2596
02:12:05,440 --> 02:12:07,520
food the mobile food vendors are subject

2597
02:12:07,520 --> 02:12:10,400
to the tax as well. So, that's that's

2598
02:12:10,400 --> 02:12:12,000
one of the ways that we're reaching out

2599
02:12:12,000 --> 02:12:14,159
to folks and saying maybe you're not

2600
02:12:14,159 --> 02:12:19,520
aware, but you need to be collecting and uh remitting this pro this uh

2601
02:12:19,520 --> 02:12:23,350
occupation tax.

2602
02:12:23,360 --> 02:12:25,040
» Councilman Marsh,

2603
02:12:25,040 --> 02:12:26,719
>> so what you're saying is there's

2604
02:12:26,719 --> 02:12:28,480
restaurants out there probably that are

2605
02:12:28,480 --> 02:12:31,440
collecting it but not paying in, right?

2606
02:12:31,440 --> 02:12:33,920
>> Unfortunately, that's a possibility. Um,

2607
02:12:33,920 --> 02:12:36,159
we would, you know, if if anybody has

2608
02:12:36,159 --> 02:12:38,880
that suspicion, certainly please do let

2609
02:12:38,880 --> 02:12:43,360
us know. Um, I think that that, um, as

2610
02:12:43,360 --> 02:12:46,159
staff, I'm certainly paying much more

2611
02:12:46,159 --> 02:12:49,280
attention to the receipt that I get. Um,

2612
02:12:49,280 --> 02:12:51,360
one thing to note, you know, the the

2613
02:12:51,360 --> 02:12:54,639
sales tax currently is at uh, should

2614
02:12:54,639 --> 02:12:58,639
show up on your receipt as 7%. That's uh

2615
02:12:58,639 --> 02:13:01,520
five and a half to the state and one and

2616
02:13:01,520 --> 02:13:04,320
a half percent to the city. And then the

2617
02:13:04,320 --> 02:13:07,440
occupation tax of 1% or um you know if

2618
02:13:07,440 --> 02:13:09,840
this is passed then it would be 2%. But

2619
02:13:09,840 --> 02:13:13,520
there's also the enhanced employment uh

2620
02:13:13,520 --> 02:13:17,520
tax that's on at the mall um for and but

2621
02:13:17,520 --> 02:13:21,440
that only applies to prepared food,

2622
02:13:21,440 --> 02:13:27,840
right? Yes. As well. So that's where um

2623
02:13:27,840 --> 02:13:29,280
Are you sure?

2624
02:13:29,280 --> 02:13:31,679
>> Come on up, Jen.

2625
02:13:31,679 --> 02:13:35,679
>> Hey, Jen, why don't you come on up?

2626
02:13:35,679 --> 02:13:37,760
>> Thank you, Jen.

2627
02:13:37,760 --> 02:13:46,229
Nab, finance director.

2628
02:13:46,239 --> 02:13:47,840
» Honorable mayor, city council, Jennifer

2629
02:13:47,840 --> 02:13:50,079
Nab, finance director. So, the mall

2630
02:13:50,079 --> 02:13:55,040
occupation tax uh is for businesses out

2631
02:13:55,040 --> 02:13:56,800
at the mall and it it's it's on the

2632
02:13:56,800 --> 02:14:00,079
Dunham receipts. It's on shoe sensation,

2633
02:14:00,079 --> 02:14:02,960
it's on um also prepared foods, but

2634
02:14:02,960 --> 02:14:05,199
there are some items excluded. So, it's

2635
02:14:05,199 --> 02:14:07,119
not at the gas station, it's not on

2636
02:14:07,119 --> 02:14:10,960
groceries, it's not on foods um anything

2637
02:14:10,960 --> 02:14:13,040
coming out of a vending machine or like

2638
02:14:13,040 --> 02:14:15,199
a candy bar or whatever. So there are

2639
02:14:15,199 --> 02:14:18,880
it's not liquor um but the majority of

2640
02:14:18,880 --> 02:14:20,719
what's being sold out the mall is

2641
02:14:20,719 --> 02:14:24,239
subject to the mall occupation tax

2642
02:14:24,239 --> 02:14:25,760
according to the ordinance that was

2643
02:14:25,760 --> 02:14:29,669
passed.

2644
02:14:29,679 --> 02:14:32,079
» Do you have a number of what you think

2645
02:14:32,079 --> 02:14:34,239
that we're not getting? I mean with the

2646
02:14:34,239 --> 02:14:35,599
percentage going up obviously that's

2647
02:14:35,599 --> 02:14:37,199
pretty easy but as far as like how many

2648
02:14:37,199 --> 02:14:38,079
are not

2649
02:14:38,079 --> 02:14:41,040
>> number of as far as dollars but we did

2650
02:14:41,040 --> 02:14:45,280
compare um restaurant licenses with

2651
02:14:45,280 --> 02:14:47,119
who's paying food and beverage and I've

2652
02:14:47,119 --> 02:14:52,000
got um 17 businesses that are behind or

2653
02:14:52,000 --> 02:14:53,920
not paying and then we've also got a

2654
02:14:53,920 --> 02:14:56,239
number of mobile food vendors as well

2655
02:14:56,239 --> 02:14:58,880
that will be um you know we still need

2656
02:14:58,880 --> 02:15:03,119
to reach out and

2657
02:15:03,119 --> 02:15:06,079
But it's there's some

2658
02:15:06,079 --> 02:15:10,310
>> revenue. Yeah. Thank you.

2659
02:15:10,320 --> 02:15:12,320
» Uh Councilman her.

2660
02:15:12,320 --> 02:15:14,960
>> Uh thanks, Mayor. Um

2661
02:15:14,960 --> 02:15:16,719
you know, we talked already a little bit

2662
02:15:16,719 --> 02:15:19,840
about this and and um the one thing that

2663
02:15:19,840 --> 02:15:22,880
I would say is that if there are folks

2664
02:15:22,880 --> 02:15:25,599
collect tax and not turning it in, we

2665
02:15:25,599 --> 02:15:28,159
have to address that obviously pretty um

2666
02:15:28,159 --> 02:15:30,079
pretty swiftly and pretty decisively is

2667
02:15:30,079 --> 02:15:35,910
what I would hope. Thank you.

2668
02:15:35,920 --> 02:15:41,510
» Anybody else?

2669
02:15:41,520 --> 02:15:51,910
» Okay. Comment from public.

2670
02:15:51,920 --> 02:15:56,629
Please state your name and address.

2671
02:15:56,639 --> 02:15:58,079
» Good evening, mayor and members of the

2672
02:15:58,079 --> 02:16:00,719
council. My member, my name is Dylan

2673
02:16:00,719 --> 02:16:03,280
Martinez, residing at 1435 East 12th

2674
02:16:03,280 --> 02:16:05,920
Street here in Fremont. I am standing

2675
02:16:05,920 --> 02:16:08,800
before you or sitting tonight. I'm used

2676
02:16:08,800 --> 02:16:10,639
to standing from previous formats that

2677
02:16:10,639 --> 02:16:13,280
we've had. Um really do like how

2678
02:16:13,280 --> 02:16:15,280
everything has changed. Uh timer right

2679
02:16:15,280 --> 02:16:17,599
there in front of us.

2680
02:16:17,599 --> 02:16:19,840
But uh I'm sitting here tonight before

2681
02:16:19,840 --> 02:16:22,000
you to address the proposed 1% food and

2682
02:16:22,000 --> 02:16:24,480
beverage tax increase. And I urge you to

2683
02:16:24,480 --> 02:16:26,800
vote no. We need to look closely at the

2684
02:16:26,800 --> 02:16:28,480
economic environment our residents are

2685
02:16:28,480 --> 02:16:30,800
navigating right now. Inflation has

2686
02:16:30,800 --> 02:16:32,399
squeezed household dollars to record

2687
02:16:32,399 --> 02:16:34,399
levels and working families in Fremont

2688
02:16:34,399 --> 02:16:36,399
are watching every single dollar. Fast

2689
02:16:36,399 --> 02:16:38,319
food prices have already risen to what

2690
02:16:38,319 --> 02:16:41,040
sitdown restaurants used to cost. When

2691
02:16:41,040 --> 02:16:43,120
basic dining out has become a luxury for

2692
02:16:43,120 --> 02:16:46,240
the average family, adding another tax

2693
02:16:46,240 --> 02:16:47,760
on top of their check is not going to

2694
02:16:47,760 --> 02:16:50,080
spur economic growth. In fact, it'll

2695
02:16:50,080 --> 02:16:52,080
likely have the opposite effect. It'll

2696
02:16:52,080 --> 02:16:54,080
dissuade actual residents from eating

2697
02:16:54,080 --> 02:16:56,399
out directly,

2698
02:16:56,399 --> 02:16:58,319
hurting our local restaurant owners,

2699
02:16:58,319 --> 02:16:59,920
server staff, and small business

2700
02:16:59,920 --> 02:17:02,880
community. It may have an unended side

2701
02:17:02,880 --> 02:17:05,120
effect of spurring extra business when

2702
02:17:05,120 --> 02:17:07,519
we have people coming into town, but the

2703
02:17:07,519 --> 02:17:09,200
people that actually know about this

2704
02:17:09,200 --> 02:17:11,760
will likely just try to buy at the

2705
02:17:11,760 --> 02:17:13,920
grocery store and make the $200 that

2706
02:17:13,920 --> 02:17:16,240
they have, you know, last a week for a

2707
02:17:16,240 --> 02:17:18,880
family of four. Um, you know, that used

2708
02:17:18,880 --> 02:17:22,399
to be a thing. But, um, now to be fair,

2709
02:17:22,399 --> 02:17:24,800
I do want to acknowledge that Fremont

2710
02:17:24,800 --> 02:17:26,880
has seen some serious positive

2711
02:17:26,880 --> 02:17:28,399
development over the last few years.

2712
02:17:28,399 --> 02:17:30,160
That progress is welcome. But, recent

2713
02:17:30,160 --> 02:17:32,000
development does not erase or make up

2714
02:17:32,000 --> 02:17:33,840
for the nearly two decades of wasteful

2715
02:17:33,840 --> 02:17:35,599
spending, questionable deals, and

2716
02:17:35,599 --> 02:17:37,439
administrative mismanagement by past

2717
02:17:37,439 --> 02:17:40,399
position holders. Taxpayers are tied.

2718
02:17:40,399 --> 02:17:42,559
Taxpayers are tired of being treated as

2719
02:17:42,559 --> 02:17:44,479
a bottomless piggy bank every time the

2720
02:17:44,479 --> 02:17:46,719
city needs to cover a budget gap after

2721
02:17:46,719 --> 02:17:49,200
years of fiscal red flags. Fremont needs

2722
02:17:49,200 --> 02:17:50,880
to demonstrate that it can manage its

2723
02:17:50,880 --> 02:17:52,719
existing revenue responsibly before

2724
02:17:52,719 --> 02:17:54,399
reaching deeper into the pockets of its

2725
02:17:54,399 --> 02:17:56,319
citizens.

2726
02:17:56,319 --> 02:17:58,479
If this council is unwilling to vote no

2727
02:17:58,479 --> 02:18:00,160
outright tonight, then I ask you to at

2728
02:18:00,160 --> 02:18:03,040
least lessen listen to the community and

2729
02:18:03,040 --> 02:18:05,200
amend this proposal down to a quarter

2730
02:18:05,200 --> 02:18:06,960
percent or half percent or some

2731
02:18:06,960 --> 02:18:10,719
incremental raise up to the 2%. Cut it

2732
02:18:10,719 --> 02:18:12,479
back and make that smaller figure work.

2733
02:18:12,479 --> 02:18:14,000
Show the taxpayers that you are willing

2734
02:18:14,000 --> 02:18:16,160
to compromise and exercise real fiscal

2735
02:18:16,160 --> 02:18:18,000
discipline. Fix internal spending

2736
02:18:18,000 --> 02:18:19,840
priorities, protect our local small

2737
02:18:19,840 --> 02:18:21,439
businesses, and do not place another

2738
02:18:21,439 --> 02:18:23,280
financial burden on the dining tables of

2739
02:18:23,280 --> 02:18:26,160
Fremont families. Alternatively,

2740
02:18:26,160 --> 02:18:28,000
if as I'm hearing on the comments

2741
02:18:28,000 --> 02:18:31,439
tonight that uh there seems to be issues

2742
02:18:31,439 --> 02:18:33,840
with enforcement and making sure that

2743
02:18:33,840 --> 02:18:35,439
these taxes are collected on a lot of

2744
02:18:35,439 --> 02:18:37,599
these business um food business owners,

2745
02:18:37,599 --> 02:18:39,439
which are a lot easier to get a food

2746
02:18:39,439 --> 02:18:41,840
business license, to get a truck, to do

2747
02:18:41,840 --> 02:18:43,840
a pop-up vendor on a corner and collect

2748
02:18:43,840 --> 02:18:45,679
every one of these taxes. Maybe

2749
02:18:45,679 --> 02:18:47,439
alternatively to this, we should look

2750
02:18:47,439 --> 02:18:51,040
into a tax on specifically alcoholic

2751
02:18:51,040 --> 02:18:52,800
beverages. We were talking tonight on

2752
02:18:52,800 --> 02:18:55,519
passing um you know renewing a lot of

2753
02:18:55,519 --> 02:18:58,000
these licenses. You know what's 1% onto

2754
02:18:58,000 --> 02:19:00,000
a bar for people going out and having a

2755
02:19:00,000 --> 02:19:02,559
pint? That's already $10. If they have

2756
02:19:02,559 --> 02:19:04,960
the money to go out to the bar, that's

2757
02:19:04,960 --> 02:19:07,679
way different than having the money to

2758
02:19:07,679 --> 02:19:09,840
go out to lunch on a break when you're

2759
02:19:09,840 --> 02:19:12,000
at work and you need a quick bite to eat

2760
02:19:12,000 --> 02:19:13,599
just to continue functioning from

2761
02:19:13,599 --> 02:19:16,639
day-to-day society. You know, obviously

2762
02:19:16,639 --> 02:19:19,920
fast food is a convenience. Um, but

2763
02:19:19,920 --> 02:19:23,200
there are ways that we can find

2764
02:19:23,200 --> 02:19:26,000
money without just putting on a tax

2765
02:19:26,000 --> 02:19:29,760
every single time or finding um, you

2766
02:19:29,760 --> 02:19:31,679
know, finding everyone. So, thank you so

2767
02:19:31,679 --> 02:19:36,709
much and hope you have a great day.

2768
02:19:36,719 --> 02:19:46,230
» Uh, anybody else in this?

2769
02:19:46,240 --> 02:19:49,120
Gary Delaney, 2940 Lever Street. Uh I

2770
02:19:49,120 --> 02:19:51,040
did not come here to speak on this item

2771
02:19:51,040 --> 02:19:53,520
tonight. So my knowledge of it is based

2772
02:19:53,520 --> 02:19:54,960
on what we've heard in the last few

2773
02:19:54,960 --> 02:19:57,359
minutes, but what I've heard is that we

2774
02:19:57,359 --> 02:20:00,160
have 17 businesses, which I consider a

2775
02:20:00,160 --> 02:20:03,040
large number, not properly paying this

2776
02:20:03,040 --> 02:20:06,399
tax. So our solution

2777
02:20:06,399 --> 02:20:10,000
is to increase the tax on those that are

2778
02:20:10,000 --> 02:20:11,840
doing their part in paying it rather

2779
02:20:11,840 --> 02:20:14,080
than figuring out a way to enforce it

2780
02:20:14,080 --> 02:20:17,439
and collect what is already due. Uh it

2781
02:20:17,439 --> 02:20:19,439
just seems like a more logical solution.

2782
02:20:19,439 --> 02:20:21,280
Let's come up with a way to make the

2783
02:20:21,280 --> 02:20:23,840
levy that's already there work. maybe

2784
02:20:23,840 --> 02:20:26,800
put some fines, stiff fines in place for

2785
02:20:26,800 --> 02:20:29,280
those that are not paying it properly as

2786
02:20:29,280 --> 02:20:32,800
opposed to raising another tax on the

2787
02:20:32,800 --> 02:20:35,040
law abiding taxpayer to the city. Thank

2788
02:20:35,040 --> 02:20:38,319
you. Thank you.

2789
02:20:38,319 --> 02:20:42,790
>> Bond.

2790
02:20:42,800 --> 02:20:46,319
Anybody else in

2791
02:20:46,319 --> 02:20:49,600
that I'll close public comment.

2792
02:20:49,600 --> 02:20:52,000
>> Um so just a couple of clarifications.

2793
02:20:52,000 --> 02:20:54,640
Uh first of all, as a reminder, we were

2794
02:20:54,640 --> 02:20:56,960
unable to enforce

2795
02:20:56,960 --> 02:20:59,760
um compliance because what we were

2796
02:20:59,760 --> 02:21:01,760
collecting was already up against the

2797
02:21:01,760 --> 02:21:04,560
cap. So now that that has been removed,

2798
02:21:04,560 --> 02:21:09,040
we are moving swiftly to enforce um the

2799
02:21:09,040 --> 02:21:14,319
uh budget deficit is uh very clearly in

2800
02:21:14,319 --> 02:21:16,560
my mind as finance director not because

2801
02:21:16,560 --> 02:21:21,439
of overspending or missspending. It is

2802
02:21:21,439 --> 02:21:24,720
very very simply we are required to do

2803
02:21:24,720 --> 02:21:26,560
comparables

2804
02:21:26,560 --> 02:21:29,680
um for our public safety as an example.

2805
02:21:29,680 --> 02:21:31,840
We also looked at market rates as far as

2806
02:21:31,840 --> 02:21:35,840
what it costs to pay our police and fire

2807
02:21:35,840 --> 02:21:37,520
as we're competing with Omaha and

2808
02:21:37,520 --> 02:21:40,319
Lincoln. Those salary increases were

2809
02:21:40,319 --> 02:21:42,960
millions of dollars. In addition,

2810
02:21:42,960 --> 02:21:44,640
unfunded

2811
02:21:44,640 --> 02:21:47,920
retirement mandates from the state. Uh

2812
02:21:47,920 --> 02:21:52,000
our police has a match on the retirement

2813
02:21:52,000 --> 02:21:53,920
of 9%.

2814
02:21:53,920 --> 02:21:58,319
Um on fire that uh this last year was uh

2815
02:21:58,319 --> 02:21:59,920
14%

2816
02:21:59,920 --> 02:22:02,800
that is going to 15%

2817
02:22:02,800 --> 02:22:06,000
match October 1st. Now remember FIRE

2818
02:22:06,000 --> 02:22:08,080
doesn't get social security. So you've

2819
02:22:08,080 --> 02:22:11,359
got six and a half there that others get

2820
02:22:11,359 --> 02:22:15,040
but that's still an additional 9%.

2821
02:22:15,040 --> 02:22:18,720
And uh in addition, our insurance costs

2822
02:22:18,720 --> 02:22:23,040
went up about 30% last year. It's and

2823
02:22:23,040 --> 02:22:26,880
from um IT costs, cyber and other

2824
02:22:26,880 --> 02:22:30,000
things. Uh it it's these costs that have

2825
02:22:30,000 --> 02:22:32,640
gone up. And that's really not decisions

2826
02:22:32,640 --> 02:22:37,680
you have made. It's not um it's it's

2827
02:22:37,680 --> 02:22:42,720
comparables. It's state unfunded items.

2828
02:22:42,720 --> 02:22:45,840
it is market rates on insurance and and

2829
02:22:45,840 --> 02:22:48,160
that's you know having costs go up

2830
02:22:48,160 --> 02:22:50,479
millions of dollars where our property

2831
02:22:50,479 --> 02:22:54,000
tax goes up by 600k it creates a gap and

2832
02:22:54,000 --> 02:22:56,720
this is a good way um to fill it people

2833
02:22:56,720 --> 02:22:58,479
do have a choice whether they eat out or

2834
02:22:58,479 --> 02:23:01,520
not um this is a way for us to collect

2835
02:23:01,520 --> 02:23:04,399
from folks coming into our community uh

2836
02:23:04,399 --> 02:23:07,280
because if we don't do it here our other

2837
02:23:07,280 --> 02:23:13,030
option is property

2838
02:23:13,040 --> 02:23:14,319
Councilman her.

2839
02:23:14,319 --> 02:23:17,359
>> Thank you, Mayor. Um, you know, we're

2840
02:23:17,359 --> 02:23:19,840
going to have a lot of opportunities to

2841
02:23:19,840 --> 02:23:21,520
talk about all this stuff coming up

2842
02:23:21,520 --> 02:23:25,040
because of the U budget um discussions

2843
02:23:25,040 --> 02:23:26,720
that we will be having in the future.

2844
02:23:26,720 --> 02:23:29,200
So, um I don't want to go into that. I

2845
02:23:29,200 --> 02:23:31,760
do want to um support some of what you

2846
02:23:31,760 --> 02:23:33,760
have said just from my discussions and

2847
02:23:33,760 --> 02:23:37,520
what I've been able to um kind of just

2848
02:23:37,520 --> 02:23:40,160
read between the lines here. Um, first

2849
02:23:40,160 --> 02:23:42,479
off, there was a lid. We were not

2850
02:23:42,479 --> 02:23:45,040
allowed to collect more than $700,000.

2851
02:23:45,040 --> 02:23:47,680
That's been removed and so we are now

2852
02:23:47,680 --> 02:23:50,240
going to see how much of that we can go

2853
02:23:50,240 --> 02:23:52,000
and get and we're going to try to get it

2854
02:23:52,000 --> 02:23:55,600
all obviously. Um, but there's also a

2855
02:23:55,600 --> 02:23:57,439
shortfall that's coming and we need to

2856
02:23:57,439 --> 02:23:59,359
make up for that. This is an elective

2857
02:23:59,359 --> 02:24:03,520
tax um, which I like rather than a tax

2858
02:24:03,520 --> 02:24:05,680
that we have no choice in which is our

2859
02:24:05,680 --> 02:24:08,160
property tax. And if I have to make a

2860
02:24:08,160 --> 02:24:10,000
decision one or the other. I'm going to

2861
02:24:10,000 --> 02:24:11,680
probably choose the elective tax every

2862
02:24:11,680 --> 02:24:13,840
day. Obviously, we're not going to have

2863
02:24:13,840 --> 02:24:15,680
the luxury of making the choice between

2864
02:24:15,680 --> 02:24:17,359
one or the other, but we can certainly

2865
02:24:17,359 --> 02:24:20,800
lessen the impact on one by choosing the

2866
02:24:20,800 --> 02:24:23,680
other. And I do think that that seems to

2867
02:24:23,680 --> 02:24:26,720
be a more prudent choice that is going

2868
02:24:26,720 --> 02:24:29,120
to lessen the overall impact that's

2869
02:24:29,120 --> 02:24:33,200
coming at us. Um the um inflation

2870
02:24:33,200 --> 02:24:35,600
affects everyone. It doesn't just affect

2871
02:24:35,600 --> 02:24:38,640
the private citizen. um it affects

2872
02:24:38,640 --> 02:24:41,280
everything and that's what we're still

2873
02:24:41,280 --> 02:24:44,640
facing. So, thank you

2874
02:24:44,640 --> 02:24:46,000
Councilwoman Ganon.

2875
02:24:46,000 --> 02:24:50,080
>> Well spoken and I I will just ask a

2876
02:24:50,080 --> 02:24:51,600
question because this is one of the

2877
02:24:51,600 --> 02:24:53,840
first times publicly we've been

2878
02:24:53,840 --> 02:24:56,880
addressing actually the upcoming budget

2879
02:24:56,880 --> 02:24:59,760
and saying we are going to experience a

2880
02:24:59,760 --> 02:25:02,960
shortfall. Can you give me a time frame

2881
02:25:02,960 --> 02:25:04,960
when we'll start being able to present

2882
02:25:04,960 --> 02:25:08,720
some of the same information to public?

2883
02:25:08,720 --> 02:25:13,120
Uh yeah. So, uh August 20th, we get the

2884
02:25:13,120 --> 02:25:16,800
valuation from the county assessor and

2885
02:25:16,800 --> 02:25:19,200
we also find out what the growth is. And

2886
02:25:19,200 --> 02:25:21,760
as a reminder, if we've got 10 houses in

2887
02:25:21,760 --> 02:25:24,240
town and we built two new houses, it's

2888
02:25:24,240 --> 02:25:26,080
those two new houses that are the

2889
02:25:26,080 --> 02:25:29,680
growth, not any valuation increases on

2890
02:25:29,680 --> 02:25:32,720
the existing houses. So, we'll we'll get

2891
02:25:32,720 --> 02:25:35,520
that information. We have gotten from

2892
02:25:35,520 --> 02:25:38,479
the state already that the inflation

2893
02:25:38,479 --> 02:25:41,439
factor that when they change the laws on

2894
02:25:41,439 --> 02:25:44,880
property tax, as an example, because I'm assuming that's really what you're

2895
02:25:44,880 --> 02:25:49,600
asking about, uh, is 5.26%. 26%. So we

2896
02:25:49,600 --> 02:25:53,120
then need the uh growth percentage so

2897
02:25:53,120 --> 02:25:55,760
that we can calculate um in the new

2898
02:25:55,760 --> 02:25:58,560
rules in the past for example if the

2899
02:25:58,560 --> 02:26:00,640
overall valuation of the city went up

2900
02:26:00,640 --> 02:26:02,399
20%

2901
02:26:02,399 --> 02:26:04,160
council could choose as long as we

2902
02:26:04,160 --> 02:26:06,399
didn't go above 45 cents you could take

2903
02:26:06,399 --> 02:26:09,680
it. Um the new rules say it is last

2904
02:26:09,680 --> 02:26:12,160
year's property tax and you can only

2905
02:26:12,160 --> 02:26:14,319
increase it by the growth and then

2906
02:26:14,319 --> 02:26:17,520
inflation. can't take um the extra

2907
02:26:17,520 --> 02:26:19,760
valuation increases on people's homes

2908
02:26:19,760 --> 02:26:22,960
that are existing. Um and so we'll be

2909
02:26:22,960 --> 02:26:25,760
calculating that uh this year once we

2910
02:26:25,760 --> 02:26:27,920
get that valuation and then we'll

2911
02:26:27,920 --> 02:26:30,080
hopefully be able to present it just as

2912
02:26:30,080 --> 02:26:33,439
soon as possible. Um after that the next

2913
02:26:33,439 --> 02:26:36,080
>> I like the old better but thank you for

2914
02:26:36,080 --> 02:26:38,479
explaining that.

2915
02:26:38,479 --> 02:26:39,600
>> Councilman Vaughn,

2916
02:26:39,600 --> 02:26:41,200
>> just a point of clarification if I

2917
02:26:41,200 --> 02:26:43,600
could. This does include not only food

2918
02:26:43,600 --> 02:26:47,439
services but drinking places.

2919
02:26:47,439 --> 02:26:48,479
All inclusive, correct?

2920
02:26:48,479 --> 02:26:50,319
>> Food and beverage.

2921
02:26:50,319 --> 02:26:53,910
>> Thank you.

2922
02:26:53,920 --> 02:26:59,190
Any other questions from council?

2923
02:26:59,200 --> 02:27:03,600
If not, I'll make a motion.

2924
02:27:03,600 --> 02:27:05,920
Councilman her. I'll make the motion to

2925
02:27:05,920 --> 02:27:08,479
approve the first reading ordinance 5756

2926
02:27:08,479 --> 02:27:10,319
a meeting amending the food and beverage

2927
02:27:10,319 --> 02:27:15,280
tax food and beverage occupation tax.

2928
02:27:15,280 --> 02:27:16,560
>> Councilman Jensen

2929
02:27:16,560 --> 02:27:25,590
>> and I will second.

2930
02:27:25,600 --> 02:27:27,920
» That motion carries 8 to zero.

2931
02:27:27,920 --> 02:27:30,319
Ordinance number 5756, an ordinance to

2932
02:27:30,319 --> 02:27:32,080
amend chapter 14 of the Fremont Nebraska

2933
02:27:32,080 --> 02:27:34,160
Municipal Code. Ordinance number 5604,

2934
02:27:34,160 --> 02:27:35,439
increasing the rate of city's food and

2935
02:27:35,439 --> 02:27:36,880
beverage occupation tax by amending

2936
02:27:36,880 --> 02:27:39,920
section 143- 14-302A

2937
02:27:39,920 --> 02:27:41,280
collection and repealing any parts of

2938
02:27:41,280 --> 02:27:42,479
ordinance to be conflicted with and to

2939
02:27:42,479 --> 02:27:43,840
provide for publication at the effective

2940
02:27:43,840 --> 02:27:49,030
date of this ordinance first reading.

2941
02:27:49,040 --> 02:27:50,479
» Thank you. I'll take a motion to

2942
02:27:50,479 --> 02:27:53,520
adjourn. Councilman Jensen. Well, I was

2943
02:27:53,520 --> 02:27:54,720
going to make a motion to suspend the

2944
02:27:54,720 --> 02:27:59,110
rules, move to third reading, but

2945
02:27:59,120 --> 02:28:02,640
there any discussion on that.

2946
02:28:02,640 --> 02:28:06,000
That's my motion.

2947
02:28:06,000 --> 02:28:30,309
>> I'll second her. Second,

2948
02:28:30,319 --> 02:28:33,680
that motion carries 8 to zero. Mayor,

2949
02:28:33,680 --> 02:28:35,680
Ordinance number 5756, an ordinance to

2950
02:28:35,680 --> 02:28:36,880
amend chapter 14 of the Fremont,

2951
02:28:36,880 --> 02:28:38,080
Nebraska Municipal Code, Ordinance

2952
02:28:38,080 --> 02:28:39,680
number 5604, increasing the rate of the

2953
02:28:39,680 --> 02:28:40,960
city's food and beverage occupation tax

2954
02:28:40,960 --> 02:28:43,680
by amending section 14-302A collection

2955
02:28:43,680 --> 02:28:45,359
and repealing any parts of ordinances in

2956
02:28:45,359 --> 02:28:46,479
conflict or within provided for

2957
02:28:46,479 --> 02:28:47,600
publication in the effective date of

2958
02:28:47,600 --> 02:28:52,150
this ordinance final rating.

2959
02:28:52,160 --> 02:29:01,429
Cast your final vote.

2960
02:29:01,439 --> 02:29:03,120
That motion carries 8 to zero. Mayor,

2961
02:29:03,120 --> 02:29:08,150
ordinance number 5756 is approved.

2962
02:29:08,160 --> 02:29:09,840
» I'll take a motion to adjurnn.

2963
02:29:09,840 --> 02:29:10,800
>> I'll make that motion.

2964
02:29:10,800 --> 02:29:12,080
>> Corner.

2965
02:29:12,080 --> 02:29:13,200
>> Council Jensen.

2966
02:29:13,200 --> 02:29:18,710
>> Second.

2967
02:29:18,720 --> 02:29:20,960
» That motion carries 8 to zero. Mayor,

2968
02:29:20,960 --> 02:29:42,389
>> we are

2969
02:29:42,399 --> 02:29:45,560
That's it.