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City Council Meeting
January 12, 2010
7:00 P.M.

Following the study session (departmental goals presentation was cancelled) and Pledge of Allegiance, the meeting was called to order by Mayor Edwards. Roll call showed Council Members Bolton, Navarrette, Gilfry, Kuhr, Getzschman, Gitt and Bixby present – 7 present, 1 absent. 

The City Clerk read a notice that this meeting was preceded by publicized notice in the Fremont Tribune and Radio KHUB and the agenda, including notice of study session, displayed in the Municipal Building, Fremont Police Station and the Dodge County Courthouse and distributed to the Mayor and Council on January 7, 2010 and is open to the public.  The City Clerk also stated that a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas.  Moved by Council Member Bolton, seconded by Council Member Getzschman 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 Getzschman, seconded by Council Member Gitt to dispense with reading of the minutes of the December 29, 2009 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 Getzschman, seconded by Council Member Kuhr to approve the applications for special designated permits as follows:  Whis’s End Zone Lounge, Friendship Center, February 13, 2010.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2010-001 approved.

Moved by Council Member Bolton, seconded by Council Member Navarrette to open the public hearing on the Class D liquor license application of Walgreen Co dba Walgreens #09899, 1525 East 23rd Street.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

A letter, received via email, from Project Extra Mile objecting to the license was given to Council Members by City Clerk Volk.  Steve Frossard, Walgreens manager, outlined Walgreens policies and procedures for selling alcohol and answered questions.  Moved by Council Member Gilfry, seconded by Council Member Getzschman to close the public hearing.  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 Navarrette to allow Council Member Kuhr to abstain from considering the Class D liquor license application of Walgreens.  Roll call vote showed Council Member Kuhr abstaining, all other Council Members present voting aye – 6 ayes, 1 abstain.  Thereupon the Mayor declared the motion carried.  Moved by Council Member Getzschman, seconded by Council Member Gilfry to recommend approval of the Class D liquor license application of Walgreen Co dba Walgreens #09899, 1525 East 23rd Street.  Roll call vote showed Council Member Kuhr abstaining, all other Council Members present voting aye – 6 ayes, 1 abstain.  Thereupon the Mayor declared the motion carried.  The City Clerk read a resolution, by title only, offered by Council Member Navarrette, seconded  by Council Member Getzschman approving the Class D liquor license application of Walgreen Co dba Walgreens #09899, 1525 East 23rd Street.  Roll call vote showed Council Member Kuhr abstaining, all other Council Members present voting aye – 6 ayes, 1 abstain.  Thereupon the Mayor declared Resolution No. 2010-002 approved.

Moved by Council Member Bolton, seconded by Council Member Navarrette to approve the manager application of Heather Brand for Ericon dba Quik-Pik, 2010 North Bell.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

The Mayor offered the name of Robert Steenblock as an alternate member to the Airport Advisory Committee.  Moved by Council Member Gilfry, seconded by Council Member Getzschman to approve the appointment for a two year term ending June 2012.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

The Mayor offered the names of Kathy Rasmussen, Gary Schmidt and Larry Weinandt as members to the Citizen Advisory Committee.  Moved by Council Member Navarrette, seconded by Council Member Bixby to approve the reappointments for a three year term ending January 2013.  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 Gilfry to continue to the January 26, 2010 Council meeting the appointment of two members to the Airport Advisory Zoning Board.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

The Mayor offered the names of Bob Brown and Ron Kortan as members to the Park and Recreation Board.  Moved by Council Member Bolton, seconded by Council Member Bixby to approve the reappointments for a three year term ending January 2013.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

The Mayor offered the name of Brian Wiese as a member to the Building Code Advisory and Appeals Board.  Moved by Council Member Bixby, seconded by Council Member Getzschman to approve the appointment to fill an unexpired term ending November 2010.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

With the Resource Committee recommendation, moved by Council Member Bolton, seconded by Council Member Navarrette to approve the December 16-31, 2009 claims and authorize checks to be drawn on the proper accounts.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

With the Development and Improvement Committee recommendation, moved by Council Member Getzschman, seconded by Council Member Gitt to approve the easement agreement with Fremont Public Schools for the use of land at Milliken Park for parking.  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 Getzschman, seconded by Council Member Bixby designating no parking on the south side of Jefferson Road from Empire Avenue to a point 150 feet east of the center of Rogers Lane and the east side of Empire Avenue from Jefferson Road to Marcella Road.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2010-003 approved.

Moved by Council Member Navarrette, seconded by Council Member Bolton to open the public hearing on the Northeast Nebraska Solid Waste Coalition budget.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

After receiving a verbal report from Council Member Getzschman, moved by Council Member Bolton, seconded by Council Member Bixby to close the public hearing.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

The City Clerk gave the third reading, by title only, of an ordinance to convey 1230 North Bell and 1250 North C to Fremont Area Habitat for Humanity.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Ordinance No. 5154 passed.

The City Clerk read a resolution, by title only, offered by Council Member Gilfry, seconded by Council Member Bixby to approve calling in for payment on February 17, 2010, the outstanding Various Purpose Bonds, 2003 Series dated July 29, 2003.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2010-004 approved.  

The City Clerk read a resolution, by title only, offered by Council Member Getzschman, seconded by Council Member Bolton to accept and award the bid to Doyle Acker Excavating in the amount of $9,378 for tract clearing at 1250 North C Street.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2010-005.

The City Clerk read a resolution, by title only, offered by Council Member Bolton, seconded by Council Member Gilfry to approve the project payments as follows:  PR#1 to MFT Construction in the amount of $31,002.53 for Johnson Lake Recreation Trail; PR#6&Final to Luxa Construction Company in the amount of $25,626.26 for 19th Street Reconstruction.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared Resolution No. 2010-006 approved.

The City Clerk gave the second reading, by title only, of an ordinance approving the request of the City of Fremont to rezone 94.68 acres located south of the Chicago & Northwestern Railroad Mainline and 1st Street, west of Johnson Road, north of Morningside Road and west of Luther Road from AG – Agricultural/Urban Reserve to LI – Limited Industrial District.  The third reading will be at the next regular Council meeting. 

Moved by Council Member Getzschman, seconded by Council Member Bolton to approve a personnel litigation agreement as negotiated by staff and authorize the Mayor to sign all related documents.  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 Navarrette, seconded by Council Member Kuhr to approve plans, specifications and estimate of cost for tank rehabilitation at the solids processing building at the Waste Water Treatment Plant.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.

The Mayor announced the next meeting will be January 26, 2010 at 7:00 p.m. Moved by Council Member Bolton, seconded by Council Member Gilfry to adjourn the meeting.  Roll call vote showed all Council Members present voting aye – 7 ayes.  Thereupon the Mayor declared the motion carried.  Meeting adjourned at 7:30 p.m.
                                                                                    Donald B. Edwards, Mayor
ATTEST: Kimberly Volk, MMC, City Clerk

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

          Kimberly Volk, MMC, City Clerk