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City Council Meeting
February 23, 2010
7:00 P.M.

Following the study session where the Mayor recognized past Council Member Mary Marsh with a proclamation for her years of service and Time Warner Cable/Fox were present to answer questions regarding their services and the Pledge of Allegiance, the meeting was called to order by Mayor Edwards. Roll call showed Council Members Bolton, Navarrette, Kuhr, Gilfry, Gitt, Getzschman, Anderson and Bixby 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, 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 February 18, 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 Navarrette 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 Getzschman, seconded by Council Member Anderson to dispense with reading of the minutes of the February 9, 2010 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 Kuhr, seconded by Council Member Gitt to approve consumption of alcohol on City property as follows:  Trinity Lutheran School, March 27, 2010, Christensen Field; Bethany Dose, June 19, 2010, City Auditorium; Kaela Prochaska, July 31, 2010, Christensen Field; Fremont Area Chamber of Commerce, April 9&10, 2010, Christensen Field and Main Arena; Eastern NE Longbeards, March 20, 2010, Friendship Center.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-028 approved.

The City Clerk read a resolution, by title only, offered by Council Member Gitt, seconded by Council Member Getzschman to approve the applications for special designated permit as follows: Fremont Cosmopolitan Club 100, City Auditorium, March 27, 2010; Fremont Area Chamber of Commerce, Christensen Field & Main Arena, April 9&10, 2010; Rise’s Drive In Liquor, Christensen Field, July 31, 2010.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-029 approved.

Moved by Council Member Bolton, seconded by Council Member Bixby to approve the manager application of Rebecca Eix for EHPV Operating Group LLC dba Big Red Keno, 2323 Laverna.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

The Mayor offered the name of Dan Nelson as a member to the Housing Agency.  Moved by Council Member Bolton, seconded by Council Member Navarrette to approve the appointment to fill an unexpired term ending September 2010.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

With the Resource Committee recommendation, moved by Council Member Gilfry, seconded by Council Member Bolton to approve the claims for February 1-15, 2010 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 Getzschman, seconded by Council Member Kuhr rescinding part of Resolution No. 2009-158 regarding Trust Fund rescue squad payments and setting fees for the Fremont Ambulance Service.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-030 approved.

The City Clerk read a resolution, by title only, offered by Council Member Gilfry, seconded by Council Member Getzschman approving retail liquor licenses for a period from May 1, 2010 to May 1, 2011.  Roll vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-031 approved.

Moved by Council Member Gilfry, seconded by Council Member Anderson to amend, as presented, the ordinance amending Zoning Ordinance No. 3939, Article 5, pertaining to Special and Overlay
Districts Regulations by adding WPD – Wellhead Protection District.  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 an ordinance amending Zoning Ordinance No. 3939, Article 5, pertaining  Special and Overlay Districts Regulations by adding WPD – Wellhead Protection Overlay District. Moved by Council Member Getzschman, seconded by Council Member Gilfry to limit testimony from the audience to five minutes per person.  Roll call vote showed all Council Members voting aye - 8 ayes.  Thereupon the Mayor declared the motion carried.  Kathy Hanus spoke against the change.  Moved by Council Member Getzschman, seconded by Council Member Bixby to receive and make part of the record a copy of an email from Kathy Hanus to Jeff Ray, Planning Director dated February 8, 2010 and Ms. Hanus written response to the proposed wellhead regulations.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.  Derril Marshall, City of Fremont Utilities General Manager, spoke in favor of the change.  Roll call vote on the ordinance showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Ordinance No. 5156, as amended, passed.

The City Clerk gave the third reading, by title only, of an ordinance amending Zoning Ordinance No. 3939, Article 4, Section 406 pertaining to community wide zoning map update (official Zoning Map).  Kathy Hanus objected to the map.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Ordinance No. 5157 passed.

The City Clerk read a resolution, by title only, offered by Council Member Kuhr, seconded by Council Member Gitt to approve the request of Denice Feagan to subdivide Tax Lot 68, being part W ½ NW ¼ of 11-17-8 into two lots.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-032 approved.

Moved by Council Member Bolton, seconded by Council Member Anderson to continue to the March 30, 2010 Council meeting the final plat of Morningside North Business Park.  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 Anderson, seconded by Council Member Getzschman to approve the One Year Six Year Street Improvement Plan.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-033 approved. 

The City Clerk read a resolution, by title only, offered by Council Member Kuhr, seconded by Council Member Anderson to approve the execution of a grant application and agreement with the Nebraska Department of Aeronautics and the Federal Aviation Administration for the Fremont Municipal Airport Project No. 3-31-0029-10 (runway and taxiway extension, rehabilitation and lighting).  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-034 approved.

The City Clerk read a resolution, by title only, offered by Council Member Gilfry, seconded by Council Member Navarrette to approve the plans, specifications, $93,500 cost estimate and grant permission to advertise for bids for Ronin Pool and Wading Pool Renovation, Phase 1 – Main Pool Piping Replacement.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-035 approved.

The City Clerk read a resolution, by title only, offered by Council Member Bixby, seconded by Council Member Kuhr to approve the plans, specifications, $74,500 cost estimate and grant permission to advertise for bids for Fire Suppression Sprinkler System for Keene Memorial Library.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-036 approved.

The City Clerk read a resolution, by title only, offered by Council Member Gilfry, seconded by Council Member Bixby to designate a pedestrian crossing on 16th Street west of Johnson Road.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-037 approved.

The City Clerk read a resolution, by title only, offered by Council Member Getzschman, seconded by Council Member Anderson to approve the project payment as follows:  PR#1&Final in the amount of $9,378.00 to Doyle Acker Excavating for tract clearing at 1250 North C Street. Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared Resolution No. 2010-038 approved.

Moved by Council Member Anderson, seconded by Council Member Navarrette to approve the contract permitting billing for ALS (Advanced Life Support) intercepts with area agencies.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

Moved by Council Member Gilfry, seconded by Council Member Bixby to allow Council Members Navarrette and Getzschman to abstain from consideration of waiving 2009 football season Memorial Stadium fee in the amount of $4,868 for Midland Lutheran College.  Roll call vote showed Council Members Navarrette and Getzschman abstaining, all other Council Members present voting aye – 6 ayes, 2 abstain.  Thereupon the Mayor declared the motion carried.

Moved by Council Member Bixby, seconded by Council Member Gilfry to waive the 2009 football season Memorial Stadium fee of $4,868 for Midland Lutheran College.  Roll call vote showed Council Members Navarrette and Getzschman abstaining, Council Members Bolton and Gitt voting nay, and Council Members Anderson, Bixby, Gilfry and Kuhr voting aye – 4 ayes, 2 nays, 2 abstain.  City Attorney Skokan advised the Council he would have to research the item to determine if the item could pass on a 4-2 vote and if the Council has the authority to waive fees that have already been incurred.  Moved by Council Member Bolton, seconded by Council Member Gilfry to table the item to the March 30, 2010 Council meeting.  Roll call vote showed Council Members Navarrette and Getzschman abstaining – 6 ayes, 2 abstain.  Thereupon the Mayor declared the motion carried.

Moved by Council Member Gilfry, seconded by Council Member Bolton to accept a grant in the amount of $3,930 for the Emergent Literacy Program from the Nebraska Library Commission for Keene Memorial Library.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

Moved by Council Member Navarrette, seconded by Council Member Bixby to open the public hearing on the Wellhead Protection Area Plan.  Roll call vote showed all Council Members voting aye – 8 ayes.  Thereupon the Mayor declared the motion carried.

Kathy Hanus objected to the plan.  General Manager Marshall supported the plan.  Receiving no further testimony, moved by Council Member Getzschman, seconded by Council Member Bolton to close the public hearing.  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 Gilfry, seconded by Council Member Navarrette to approve the Wellhead Protection Area Plan.  Kathy Hanus objected to the plan. Roll call vote showed all Council Members voting aye – 8 ayes. Thereupon the Mayor declared Resolution No. 2010-039 approved.

The City Clerk read a resolution, by title only, offered by Council Member Bixby, seconded by Council Member Kuhr to accept and award the bid of W.S. Bunch Co. for tank rehabilitation in the amount of $60,210 at Solids Processing Building at the Wastewater Treatment Plant.  The Board of Public Works has approved the project.  Roll call vote showed all Council Members voting aye – 8 ayes. Thereupon the Mayor declared Resolution No. 2010-040 approved.

The City Clerk read a resolution, by title only, offered by Council Member Kuhr, seconded by Council Member Gilfry to accept and award the bid in the amount of $218,236 to General Excavating for fuel tank replacement.  Roll call vote showed all Council Members voting aye – 8 ayes. Thereupon the Mayor declared Resolution No. 2010-041 approved.

The Mayor announced the next meeting will be March 9, 2010 at 7:00 p.m.

Moved by Council Member Bolton, seconded by Council Member Anderson 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 7:47 p.m.
                                                                                     Donald B. Edwards, Mayor
ATTEST: Kimberly Volk, MMC, 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 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