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CITY COUNCIL MEETING

July 27, 2004

7:00 P.M.

 

The Mayor led the meeting with 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, Mruz and Warner present, Council Member E-Vaughan absent - 7 present, 1 absent.   

 

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 July 23, 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 present voting aye – 7 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 present voting aye – 7 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 Warner to approve the requests to consume alcoholic beverages on City property as follows: Juan Garcia, Christensen Field Senior Center, July 31, 2004; Alma Romero, Moller Center, August 7, 2004; Davis Patterson, City Auditorium, August 14, 2004; Matt Kwiatkowski Sr., Christensen Field Meeting Room, August 14, 2004; Fernando Nevarez, City Auditorium, August 21, 2004; Denise Dowty, City Auditorium, October 16, 2004.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution 2004-147 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Mruz, seconded by Council Member Warner to approve the Special Designated Permits as follows: V’s Total Package, St. Patrick’s Auditorium, August 14, 2004; D & TH, Christensen Field Main Arena, August 28, 2004.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-148 approved.

 

Moved by Council Member S-Marsh, seconded by Council Member Mruz to approve the asphalt worker application of Samuel Rexin.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk gave the first reading, by title only, of an ordinance creating Paving District No. 542 (alley from 17th to 19th Streets, between Maxwell and Colson Avenue).  Objections to the creation of the district were heard.  The second reading will be at the next regular council meeting.  

 

The City Clerk gave the first reading, by title only, of an ordinance creating Paving District No. 541 (alley from 17th to 18th Streets, between Main and D Streets).  The second reading will be at the next regular council meeting.  

 

The City Clerk read a resolution, by title only, offered by Council Member Mruz, seconded by Council Member Schaller to consider annexation of part of the SW ¼ of 19-T17N-R9E located south of UPRR, north of Morningside Road between Luther and Johnson Roads.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-149 approved.

 

Move by Council Member S-Marsh, seconded by Council Member Bolton to receive and file the letter from Russell Peterson, Nye Square Retirement Community, regarding his concerns about a west 23rd Street overpass.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.  The City Clerk read a resolution, by title only, offered by Council Member Benson, seconded by Council Member S-Marsh accepting the Westside BNSF/FEVR Corridor Grade Separation Feasibility Study.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-150 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member Bolton requesting the Nebraska Department of Roads programming of BNSF/FEVR Railroad Westside Viaduct with pedestrian under crossings at Linden and Somers Avenue.  The City agreed to closure of grade crossings at Linden Avenue, 23rd Street and Somers Avenue when viaduct is completed. Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-151 approved. 

 

The City Clerk gave the third reading, by title only, of an ordinance conveying 14.48 acres, more or less, to the Nebraska Department of Roads for Fremont East Bypass in the amount of $84,450.00.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Ordinance No. 4084 passed.

 

The City Clerk read a resolution, by title only, offered by Council Member Mruz, seconded by Council Member Warner to approve extension of the Airport Fixed Base Operator lease/agreement with Fremont Aviation for a five year period beginning July 28, 2004.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-152 approved.

 

Moved by Council Member Bolton, seconded by Council Member Schaller to deny the request of Beverly J. Rasmussen to erect 18’ x 20’ metal carport which makes total square footage over the allowable 720 square feet with metal coverings at 1741 North I Street as part of a permitted conditional use.  The structure is not compatible with the neighborhood, it sits on the property line and there are a number of existing outbuildings on the property.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member S-Marsh, seconded by Council Member Mruz to approve the request of Denise K. Bourque to erect detached garage over the allowable 720 square footage with metal siding and roof at 5426 East Morningside Road as part of a permitted conditional use.  There were no neighborhood objections and the structure will be compatible with the neighborhood.  They are in an agricultural area and it will improve the property.  Roll call vote showed all Council Members present voting aye – 7 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 Benson approving the request of Morton Properties, LLC to subdivide Lot 2, Lincoln Park Addition into two lots.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-153 approved. 

 

The City Clerk gave the first reading, by title rezone only, of an ordinance approving the request of Lawrence J. Williams trust and Bruce V. Nelsen to from AG to GI the NE ¼ NE ¼, excepting the Nebraska Department of Roads right-of-way for U.S. Highway No. 275, the NW ¼ NE ¼, and the East 10 acres of the NE ¼ NW ¼, in 30-T17N-R9E of the 6th P.M.  The second reading will be at the next regular council meeting.

 

Moved by Council Member Bolton, seconded by Council Member S-Marsh to approve the Preliminary Plat of Nelsen Business Park, part of the N ½ N ½ of 30-T17N-R9E of the 6th P.M. This approval is contingent upon the following Planning Commission stipulations: 1) subject to the Nebraska Department of Road’s concurrence as property is in US 275 Corridor Protection Area and subject to the staff comments contained in the City’s 7-8-04 memo to the Developer and Surveyor.  The memo states:  Tentative Plat:  1.)  D.U. requesting 25-foot permanent easement on North side Lot 3 for water main and possible gas line, 2.)  Electric Department request easements as follows: 10’ along Morningside, 10’ along US 275 future R.O.W, 15’ along west line, 15’ along south line, 10’ along interior east/west property lines.  Preliminary Plat:  1.) Rear Easement – provide 10’ minimum per code, 2.)  Indicate existing Johnson Road location north of Morningside, 3.)  Provide vicinity sketch per code, 4.)  Provide 1”=100’ scale plat per code or may provide 1”=100’ public works improvement layout plan as previously discussed, 5.)  Provide preliminary protective covenants if covenants will be used as required by code, 6.)  Provide flow line of adjacent sanitary sewers and elevations all streets adjacent to the platted area per code, 7.)  Provide proposed general drainage plan, 8.)  Verify right-of-way at proposed street intersections, 9.)  Future Johnson Road improvements to be included or provide street right-of-way option and waiver of future improvement (sewer, water and paving) districts by owner, 10.)  First Street – Indicate existing diagonal location and proposed relocation by State, 11.  Provide note that existing farmstead structures to be removed from right-of-way or required setback prior to final plat recording or agreement made for removal, 12.)  Indicate proposed state interchange ramp terminal intersection on Morningside.   Roll call vote showed all Council Members present voting aye – 7 ayes, with Council Member Schaller abstaining.  Thereupon the Mayor declared the motion carried.

 

The City Clerk gave the third reading, by title only, of an ordinance amending Zoning Ordinance No. 3939 – Article 10 – Sign Regulations, for temporary signs. Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Ordinance No. 4085 passed.

 

Moved by Council Member S-Marsh, seconded by Council Member Bolton to continue to the August 31, 2004 council meeting the third reading of an ordinance amending FMC 8-619 concerning regulations for temporary signs in public right-of-way.  The ordinance is referred back to the Planning Commission so they may meet with the Realtor’s Association to address their concerns.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Mruz, seconded by Council Member Bolton to allow Council Member Schaller to abstain from the resolution to accept and award bids for Paving District No. 540.  Roll call vote showed all Council Members present voting aye – 6 ayes, with Council Member Schaller abstaining.  Thereupon the Mayor declared the motion carried.  The City Clerk read a resolution, by title only, offered by Council Member Benson, seconded by Council Member Warner to accept and award bid to M.E. Collins Contracting Co. Inc. in the amount of $24,254.80 for Paving District No. 540.  Roll call vote showed all Council Members present voting aye – 6 ayes, with Council Member Schaller abstaining.  Thereupon the Mayor declared Resolution No. 2004-154 approved.

 

The City Clerk read a resolution, by title only, offered by Council Member Bolton, seconded by Council Member Mruz to accept and award bid for Storm Sewer Outlet Structure at 5th & Clarmar to General Excavating in the amount of $34,398.56.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-155 approved.

 

Moved by Council Member S-Marsh, seconded by Council Member Schaller to approve the following project payments:  PR#7 & Final to Gifford Realty for Christensen Business Park Spec Building in the amount of $15,162.00; PR#2 to M.E. Collins Contracting Company, Inc. for Paving District No. 533, 534 & 538 in the amount of $10,590.73; PR#1 to U.S. Asphalt for the 2004 Asphalt Resurfacing in the amount of $7,028.62.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-156 approved.

 

The City Clerk gave the third reading, by title only, of an ordinance amending criminal trespass.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Ordinance No. 4086 passed.

 

Moved by Council Member Lemons, seconded by Council Member S-Marsh to continue the following request to cut weeds/remove debris: 806 West South – owner: Doyle Acker; 219 South I – owner: Floyd Harriger, Jr; 709 West 1st – owner: Mark & Kristy Lingle; 325 South Park Ave – owner: Shirley Gilbert; 319 South Park – owner: Jerry Stack; 245 West Jensen – owner: Gayle L. Sutton; 612 West Washington – owner: Oscar Monovitz & James Barta; 349 South Park Ave – owner: Jerald & Sheryl Kocour; 520 West Jackson – owner – Roger A. Schubert; 625 West Washington – owner: Henry & Pearl Mahrt.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried. 

 

Moved by Council Member S-Marsh, seconded by Council Member Bolton to remove from the agenda the following request to cut weeds/remove debris:  725 West Jensen – owner: Sharon Goldsberry; 451 South H – owner: Kenneth & Joan Kestenholtz; 712 West 1st – owner: Daniel Sweeney; 432 North I  – owner: Jonathan Boothe; 225 North I – owner: Firstar Fiber In; 122 South Crosby – owner: James Phelps; 2300 Block Ridge Road North, Gocken & Sons Const. Co., 23rd & Ridge Road – owner: Gene & Kathy Gocken; 228 North Bell – owner: Lori Reeson; 253 South I – owner:  LeRoy & MaryAnn Stodola; 409 South I – owner: Lowell Meyer; 348 South Nye – owner: J&L Limited; 445 West South – owner: John C. Patrick; 429 South I – owner: Cecil Veik; 1620 East 5th – owner: Dale Pfeifer.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

 

Moved by Council Member Bolton, seconded by Council Member S-Marsh to order weeds cut and debris removed at 1157 East Military – owner: Gustava Buenrostro and 2nd owner: Abel & Leticia Limon.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

 

The City Clerk read a resolution, by title only, offered by Council Member Benson, seconded by Council Member S-Marsh to accept and award bid to Continental Alarm and Detection for Fire Detection and Suppression System for DCS rooms and CEMS room at Plant II.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2004-157 approved. 

 

The Mayor announced the next regular City Council meeting will be August 10, 2004 at 7:00 p.m.

 

Moved by Council Member Mruz, seconded by Council Member S-Marsh to adjourn the meeting.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.  The meeting adjourned at 7:52 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