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City Council Meeting
August 9, 2005
7:00 P.M.
following 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, 0 absent.
The City Clerk read a notice that this meeting was preceded by publicized notice in the Fremont Tribune and Radio KHUB and the agenda displayed in the Municipal Building, Fremont Police Station and the Dodge County Courthouse and distributed to the Mayor and Council on August 5, 2005 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 July 26, 2005 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 City Clerk read a resolution, by title only, offered by Council Member Lemons, seconded by Council Member S-marsh to approve consumption of alcohol on City property as follows: Debra Brooks, Christensen Field Meeting Room, September 9, 2005; Sarah Morgan, City Auditorium, September 10, 2005; Joe Pelikan, Moller Center, October 8, 2005; Eileen Thornburg, Christensen Field Meeting Room, November 4, 2005; Platte Valley Equipment, Christensen Field Main Arena, December 17, 2005 and Daniel Johnson, Christensen Field Senior Center, April 15, 2006. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared resolution No. 2005-133 approved.
Moved by Council Member E-Vaughan, seconded by Council Member Schaller to approve the cement worker application of Kevin Vyhlidal and CKG Construction. 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 Lemons to approve the cement worker application of Michael Hudson and Pave the Way Concrete & Construction. 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 approve the cement worker application of James Barger and JR Barger & Sons. Approval is subject to receipt of proper bond. 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 Schaller to continue consideration of Class I liquor license application of Connie Schomburg dba McConaughy’s, 406 North Main, to August 30th Council meeting. 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 manager application of Maxwell Mitchell III, Whiskey Creek, 1624 East 23rd Avenue North. 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 S-Marsh to approve the following Special Designated Permits: Little Chief Inc., Love Larson Opera House, September 1, 2005, City Auditorium, September 10, 2005 and September 17, 2005. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-134 approved.
The Mayor offered the name of Lloyd Brooks as a member to the CDBG Revolving Loan Fund Review Committee. Moved by Council Member E-Vaughan, seconded by Council Member S-Marsh to approve the reappointment for a three year term. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried.
The Mayor offered the name of Toni Vering as a member to the CDBG Revolving Loan Fund Review Committee. Moved by Council Member S-Marsh, seconded by Council Member Mruz to approve the reappointment for a three year term. 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 E-Vaughan to approve “No parking” on north side of Jefferson Road west of Broad Street. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-135 approved.
With Resources Committee recommendation, moved by Council Member E-Vaughan, seconded by Council Member Mruz to approve the claims for July 2005 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 Mruz, seconded by Council Member Benson to award training and proficiency pay, phase II, to police officers Donna Meismer and Luke Metschke. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-136 approved.
The City Clerk read a resolution, by title only, offered by Council Member E-Vaughan, seconded by Council Member Mruz to approve the intent to issue combined utility revenue bonds in the amount of $1,950,000 for water system improvements. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-137 approved.
The mayor announced the discussion of pending litigation on two cases would be moved to the end of the agenda.
The City Clerk read a resolution, by title only, offered by Council Member Lemons, seconded by Council Member Mruz to accept dedicated right-of-way for Bud Boulevard. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-138 approved.
The City Clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member E-Vaughan to approve an agreement with JEO Consulting Group for construction phase services for FEVR Trail. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-139 approved.
The City Clerk read a resolution, by title only, to approve plans, specifications, estimate of cost and grant permission to advertise for bids for laptop computers for Police Department Cruisers for an estimated cost of $48,000.00. The purchase will be funded from a $48,000 grant with a required $1,000 local match. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-140 approved.
The City Clerk gave the third reading, by title only, of an ordinance amending criminal trespass. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Ordinance No. 5029, as amended, passed.
The City Clerk read a resolution, by title only, offered by Council Member Schaller, seconded by Council Member Lemons to approve disclaiming interest in vehicles impounded in Nielsen Impoundment lot. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-141 approved.
Moved by Council Member S-marsh, seconded by Council Member Bolton to remove from the agenda the following requests to cut weeds and/or remove debris: 248 East Linden - owner: Jack & Patsy Jensen; 1711 north Hancock - owner: JP Morgan, c/o Homecoming financial; 123 North Clarkson - owner: J&L Limited; 251 East 4th - owner: Candido Morales Lopez; 305 Columbus - owner: Eldon & Michele Davis; vacant lot NE of Pebble & Cuming - owner: Wendell Bruner. 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 weeds cut at 625 North Clarkson - owner: Stanley Callaway. 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 continue the request to cut weeds and/or remove debris at 755 East military - owner: Wilma Gimmestad; 63 South Bell - owner: Julie Abrahamson and 715 West Military – owner: Robert & Denis Steinpries. 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 reconsider Ordinance No. 5026 amending the Municipal Code for legislative updates. 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 Bolton to amend Section 15 (FMC 10-109) and Section 16 (FMC 10-130) as presented by City Attorney Skokan. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried. The City Clerk gave the reconsidered and amended final reading by title only. Roll call vote on the ordinance showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Ordinance No. 5026, reconsidered and amended, passed.
The City Clerk read a resolution, by title only, offered by Council Member E-Vaughan, seconded by Council Member Benson to accept and award the bid for Digger/Derrick Line Truck to Altec Industries in the amount of $150,513. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared Resolution No. 2005-142 approved.
Moved by Council Member Bolton, seconded by Council Member Lemons to go into Executive Session to discuss two cases of pending litigation. Roll call vote showed all Council Members voting aye - 8 ayes. Thereupon the Mayor declared the motion carried. Executive Session began at 7:17 p.m.
Moved by Council Member Bolton, seconded by Council Member Schaller to come out of Executive Session. Roll call vote showed all Council Members voting aye – 8 ayes. Thereupon the Mayor declared the motion carried. Executive Session ended at 7:45 p.m. No formal action was taken.
The mayor announced a special Council meeting will be held August 23, 2005 at 5:00 p.m. to review the Department of Utilities budget for fiscal year 2005-2006 and the next regular Council meeting will be August 30, 2005 at 7:00 p.m.
Moved by Council Member Bolton, seconded by Council Member Mruz 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 7:46 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
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