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City Council Meeting

September 14, 2004

7:00 P.M.

 

Following the Pledge of Allegiance, the meeting was called to order by Mayor Edwards. Roll call vote showed Council Members Bolton, Lemons, Benson, S-Marsh, Schaller, E-Vaughan, Mruz and Warner present - 8 present.

 

The City Clerk read a notice that this meeting was preceded by publicized notice in the Fremont Tribune and on Radio KHUB and the agenda displayed in the Municipal Building, Fremont Police Station and the Dodge County Courthouse and distributed to the Mayor and Council on September 10, 2004 and is open to the public.  Moved by Council Member Lemons, seconded by Council Member Benson to approve the legality of the meeting.  Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

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

 

The Mayor welcomed Brock Redding of Boy Scout Troop #110 to the meeting.

 

Don Hinds introduced Tammy Evans as the new director of Care Corp.

 

The Mayor appointed Derril Marshall as acting City Administrator due to Randy Reyzlik’s illness.

 

Moved by Council Member S-Marsh, seconded by Council Member Schaller to open a Public Hearing on the 2004-2005 fiscal year budget and a Public hearing to set the final City tax rate for 2004-2005 fiscal year. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member Bolton, seconded by Council Member Mruz to approve consumption of alcohol on City property as follows: Yolanda Prieto, City Auditorium, September 25, 2004; Isalia Zarate, City Auditorium Community Room, September 25, 2004; Amy Stewart & Jason Elofson, City Auditorium, October 2, 2004; Christina Hawthorne, Senior Center, November 13, 2004. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared resolution No. 2004-178 approved.

 

Moved by Council Member E-Vaughan, seconded by Council Member Bolton to approve the request of Tropical Tan & Salon, 1135 East 19th, to be placed on the No Trespass Ordinance.  Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Bolton, seconded by Council Member S-Marsh to remove from the agenda the request of Supper Market to place various items in the right of way.  Item is removed because the sidewalk is private rather than the public right of way per Director of Public Works Boschult.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Benson, seconded by Council Member Schaller to approve the request of Mainstreet Fremont to close Main Street from 4th to 5th on September 23, 2004 from 5:00 to 8:30 p.m. for September Fest. This approval is contingent upon receipt of proper insurance with the City named additional insured. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council member E-Vaughan, seconded by Council Member S-Marsh to approve the request of MainStreet Fremont to hold MainStreet/Midland Lutheran College 5K Run on October 2, 2004. This approval is contingent upon the Police Chief’s approval of the route and proper insurance with the City named as additional insured.  Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member S-Marsh, seconded by Council Member Lemons to approve special designated permits as follows: Whiskey Creek Steakhouse, Fremont Golf Club, October 5, 2004, D&TH Inc., Christensen Field Main Arena, October 3, 2004 and October 23, 2004. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared Resolution No. 2004-179 approved.

 

Moved by Council Member S-Marsh, seconded by Council Member Bolton to approve the cement worker application of Michael hudsen and Pave the Way Concrete & Construction. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The mayor offered the name of Rob George as a member to the Board of Forestry Examiners. Moved by Council Member Lemons, seconded by Council Member Schaller to approve the reappointment for a term ending September 2006.  Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.

 

The mayor offered the name of Stan Darling as a member to the Housing Agency. Moved by Council Member S-Marsh, seconded by Council Member Benson to approve the appointment for a term ending September 2009.  Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member S-Marsh, seconded by Council Member Lemons to approve the request of Fremont Public Schools to designate “bus loading and unloading zone” on south side of Linden Avenue west of L Street for Linden School. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-180 approved.

 

The City clerk read a resolution, by title only, offered by Council Member Bolton, seconded by Council Member Schaller to approve the request of Deer Pointe Corporation to erect and maintain a monument subdivision sign in public right of way on Deer Pointe Drive at 16th Street. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-181 approved.

 

With Resources Committee recommendation, moved by Council Member E-Vaughan, seconded by Council Member Benson to approve the claims for August 2004 and authorize checks to be drawn on the proper accounts. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member E-Vaughan to award training and proficiency pay, phase II, to Police Officers Christopher Boon, Michael Diers and Tyrell Velasquez. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-182 approved.

 

Moved by Council Member E-Vaughan, seconded by Council Member Bolton to authorize the Mayor to execute a professional services/consultant agreement with Hanna: Keelan Associates, P.C. to conduct a housing study for the City of Fremont. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City clerk read a resolution, by title only, offered by Council Member Lemons, seconded by Council Member Benson to approve an application for federal assistance from the Land and Water Conservation Fund (NGPC/LWCF) program in the amount of $300,000 for the purpose of building a family Aquatic Center. The grant application would only be applicable if the bond issue for a Family Aquatic Center is passed at the November 2, 2004 election. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-183 approved.

 

Moved by Council Member E-Vaughan, seconded by Council Member S-Marsh to approve an application for Litter Reduction and Recycling Grant Program administered by Nebraska Department of environmental Quality for the purpose of partial funding for Keep Fremont Beautiful. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.

 

There being no discussion, moved by Council Member Bolton, seconded by Council Member Schaller to close the Public Hearing on the 2004-2005 fiscal year budget. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Lemons, seconded by council Member S-Marsh to suspend the rules and place on final reading an ordinance adopting the 2004-2005 budget statement termed the Annual appropriation bill. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried. The City Clerk gave the final reading, by title only. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Ordinance No. 4092 passed.

 

The City clerk read a resolution, by title only, offered by Council Member Bolton, seconded by Council Member S-Marsh to approve setting property tax request of $3,583,365 for 2004-2005 fiscal year. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared Resolution No. 2004-184 approved.

 

Moved by Council Member Benson, seconded by council Member Bolton to close the Public Hearing to set the final City tax rate for 2004-2005 fiscal year. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.

 

Moved by Council Member E-Vaughan, seconded by council Member S-Marsh to approve an additional one percent (1%) increase in base limitation on restricted fund authority for 2004-2005 fiscal year. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.

 

The City clerk read a resolution, by title only, offered by Council Member Bolton, seconded by Council Member Schaller to set a final City tax rate at .321432/$100 valuation for 2004-2005 fiscal year. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-185 approved.

 

The City Clerk gave the second reading, by title only, of an ordinance approving the request to rezone from AG-Agricultural/Urban Reserve District to RR-Rural Residential District the south 10 acres of the SW ¼ SW ¼, excluding County Road right-of-way, of 28-T17N-R8E of the 6th P.M.  The third reading will be at the next regular Council meeting.

 

Moved by Council Member E-Vaughan, seconded by Council Member S-Marsh to amend an ordinance approving the request of Rawhide Land Partnership to rezone from RR to R1 part of the SW ¼ NW ¼ of 10-T17N-R8 of the 6th P.M. by changing RR to AG. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried. The City Clerk gave the third reading, by title only, as amended, of the ordinance. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Ordinance No. 4093, as amended, passed. 

 

The City clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member Mruz to approve the Final Plat of Country Club Estates Fifth Addition. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-186 approved.

 

The City Clerk gave the third reading, by title only, of an ordinance approving the request of Don Peterson & Associates to rezone from AG to R1 part of the SE ¼ SW ¼ of 18-T17N-R9E of 6th P.M. Roll call vote showed all Council Members voting aye – 8 ayes. Thereupon the Mayor declared Ordinance No. 4094 passed.

 

The City Clerk read a resolution, by title only, offered by Council Member Warner, seconded by Council Member Schaller to approve the Final Plat of Day Acres East First Addition. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-187 approved.

 

Moved by Council Member Lemons, seconded by Council Member S-Marsh to suspend the rules and place on final reading an ordinance amending the Planned Unit Development by enlarging building envelope at 2809 North Belvedere, all in Khanate Subdivision. Roll call vote showed all Council Members voting aye - 8 ayes. The City Clerk gave the final reading, by title only. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Ordinance No. 4095 passed.

 

The City Clerk read a resolution, by title only, offered by Council Member Mruz, seconded by Council Member E-Vaughan to approve the Final Plat of Nelsen Business Park. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-188 approved.

 

Moved by Council Member Schaller, seconded by Council Member S-Marsh to receive and file the report of Repetitive Loss Area for Flood Plain. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member Mruz, seconded by Council Member Warner to approve renewal of Maintenance Agreement No. 11 with the Nebraska department of Roads. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-189 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member Mruz to accept and award the bid for Street Department Wheeled Loader to Nebraska Machinery in the amount of $144,573.00. Clark Boschult, Director of Public Works, stated the bid award is recommended to Nebraska Machinery based on the quality, delivery, economy of operation, warranty, experience of manufacturer, availability of service and repair, maintenance and adaptability and on the resale cost and the warranty cost.  Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-190 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Warner, seconded by Council Member Benson to re-advertise for bids for Street Improvement Unit No. 95 (rogers Lane, Jefferson to Empire). Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2004-191 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Warner, seconded by Council Member Benson to approve the project payments as follows: PR #4 and final to M.E. Collins Contracting Co. for Paving District No. 533, 534 & 538 in the amount of $1,000.00 and PR #3 to U.S. Asphalt for 2004 Asphalt Resurfacing (P-112-04) in the amount of $137,311.88.

 

Moved by Council Member E-Vaughan, seconded by Council Member S-Marsh to reconsider Ordinance No. 4086 for Criminal Trespass..  Roll call vote showed all council members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried. Moved by Council Member S-Marsh, seconded by Council Member Bolton to amend ordinance NO. 4086 by adding Tropical Tan & Salon, 1135 east 19th Street. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried. The City Clerk read the reconsidered and amended ordinance, by title only. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Ordinance No. 4086, reconsidered and amended,  passed.

 

Moved by Council Member E-vaughan, seconded by Council member Schaller to order debris removed at 325 South Park - owner: Shirley Gilbert. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member S-Marsh, seconded by Council member Bolton to order debris removed at 245 west Jensen - owner: Gayle L. Sutton. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Benson, seconded by Council Member E-Vaughan to remove from the agenda requests to cut weeds and/or remove debris:  612 West Washington - owner: Oscar Monovitz & James Barta; 349 South park – owner: Jerald & Sheryl Kocour; 1374 East 4th - owner: Terrance Shellard. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Bolton, seconded by Council Member E-Vaughan to order debris removed at 420 West Washington – owner:  Lavern Rudolf.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

 

The City clerk read a resolution, by title only, offered by Council Member E-Vaughan, seconded by Council Member Schaller to approve the agreement with LARM to receive contribution credits on the insurance program. Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared Resolution No. 2004-193 approved. 

 

The City Clerk gave the third reading, by title only, of an ordinance to provide for the setting of deposits and fees for the rental of park areas and facilities. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Ordinance No. 4096 passed.

 

The mayor announced the next regular Council meeting would be September 28, 2004 at 7:00 p.m.

 

Moved by Council Member Bolton, seconded by Council Member E-Vaughan to adjourn the meeting. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.  Meeting adjourned at 7:38 p.m.

                                                                                       

   Donald B. Edwards, Mayor

ATTEST:

Kimberly Volk, CMC, City Clerk

 

I, the undersigned City Clerk hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the office of the Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed  at said meeting.                     

                                                                                                Kimberly Volk, CMC, City Clerk