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City Council

Regular Meeting

Fremont, NE · April 30, 2013

AgendaMinutes

Minutes

CITY COUNCIL MEETING April 30, 2013 - draft 7:00 P.M. After the study session and the Pledge of Allegiance, the Mayor called the meeting to order and stated a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. Roll call showed Council Members Johnson, Stange, Eairleywine, Anderson, Hoppe, Kuhns, Bixby and Navarrette present – 8 present, 0 absent. Moved by Council Member Anderson, seconded by Council Member Stange to open the public hearing for the Community Development Block Grant Comprehensive Revitalization project #10-CR- 003. Roll call vote: 8 ayes. Motion carried. Tina Engelbart, Deputy Director, Northeast Nebraska Economic Development District, reported the City of Fremont was awarded $175,000 of CDBG funds that were allocated as follows: $60,000 for acquisition/easements; $44,000 for clearance/demolition; $50,000 for housing rehabilitation; $7,000 for housing management; and $14,000 for general administration. She stated that throughout the grant period, two budget amendments were approved and funds reallocated as follows: $8,410 for acquisition/easements; $8,702 for clearance/demolition; $128,488 for housing rehabilitation; $15,400 for housing management; and $14,000 for general administration. The City of Fremont utilized $6,000 of housing reuse funds for housing management for lead based paint testing due to funding of four additional housing rehabilitation projects. One 12- month extension request was also granted. Ms. Engelbart stated the grant has met the contract requirements for funding of six low-to-moderate income beneficiaries and that no persons were displaced as a result of CDBG funded activities. Moved by Council Member Eairleywine, seconded by Council Member Navarrette to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to approve the consent agenda. Roll call vote: 8 ayes. Motion carried.  Dispense with April 9, 2013 minutes  April 10 – April 30, 2013 claims  Resolution No. 2013-074 granting permission to consume alcohol on City property for Helga Garay, Moller Center, May 19, 2013, graduation party; Angie Wehner, Christensen Field, June 15, 2013, wedding reception; Ashley Ahl, City Auditorium, August 23, 2014, wedding reception; John C Fremont Days, Christensen Field Outdoor Arena, July 12 & 13, 2013, rodeo; John C Fremont Days, Wolz & Ilgentritz parking lots, July 12, 2013, street dance  Resolution No. 2013-075 approving Special Designated Permit applications for Mitch Sawyer, 845 South Broad, May 4, 2013, beer garden; Rise’s Drive-In Liquor, 925 North Broad, June 8, 2013, reception; Little Chief, 1544 East Military, May 18, 2013, reception; John C Fremont Days Inc, 1710 West 16th, July 12 & 13, 2013, rodeo; John C Fremont Days Inc, Wolz & Ilgenfritz parking lots, July 13, 2013, beer garden; Moonshine Hole, July 12 & 13, 2013, 325 North Main, beer garden  St. Patrick’s Church Festival Committee request to close various streets for festival on June 1 -2, 2013  Addition to premise for Mitch Sawyer dba Whis’s End Zone Lounge, 845 South Broad (beer garden)  Resolution No. 2013-076 to authorize Mayor to execute legal documents for Community Development Block Grant revolving loan housing rehabilitation projects  Resolution No. 2013-077 to accept Community Development Block Grant Comprehensive Revitalization Assessment and Strategy Study for Project #12-CR-003  Resolution No. 2013-078 approving Metropolitan Community College request for temporary encroachment of public right of way at 835 N Broad from May 1, 2013 to June 1, 2013  Resignation of Nick Sassaman from Planning Commission and Downtown Improvement District Board  Resolution No. 2013-079 approving Updike request to combine into one lot the North 75 feet of Lots 5-7, Pierce’s Annex with South 65.32 feet, excepting South 51.68 feet  Change Order No. 1 to Michael A James & Associates for engineering services for the Public Service Answering Point project (PSAP)  Resolution No. 2013-080 approving PR#1 in the amount of $43,560.00 to Gifford Realty for Ronin Pool Renovation – Phase 3; PR#8 in the amount of $3,602.92 to Elkhorn West Construction for Police Station Renovation Project (PSAP); and, PR#1 in the amount of $77,580.00 to Guarantee Roofing & Sheet Metal for Keene Library Roof Replacement  Reappointment of Brian Wiese and Tom Winter to Planning Commission for a three year term ending April 2016  Resolution No. 2013-081 awarding bid in the amount of $183,665.00 to Sawyer Construction for Water Main Replacement in Military Avenue from Clarkson to Pebble Streets  John C Fremont Days, Inc request for Ridge Road Run route on July 13, 2013 and Pathfinder Duathlon route on July 14, 2013 The Deputy City Clerk gave the first reading, by title only, of an ordinance approving the request of Borisow Properties, LLC to amend the Planned Unit Development to erect two additional buildings for multi-family development complex at 1615 E Military Avenue, Lots 2, 3, 6 and 7, Wacek and Van Pattens Addition. Moved by Council Member Anderson, seconded by Council Member Hoppe to suspend the rules and place on final reading. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the final reading, by title only, of the ordinance. Roll call vote: 8 ayes. Ordinance No. 5270 passed. Moved by Council Member Stange, seconded by Council Member Johnson to continue the Roger Chisholm request to subdivide combined Lots 13 and 14, Block 13, Westside Addition to the May 28, 2013 Council meeting. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Anderson to approve John C Fremont Days, Inc. request for various street closings July 11-14, 2013. Roll call vote: 8 ayes. Motion carried. The Mayor announced the next regular meeting will be May 14, 2013 at 7:00 p.m. Moved by Council Member Eairleywine, seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:18 p.m. I, Lynne McIntosh, the undersigned Deputy 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 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 the 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 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. Lynne McIntosh, CMC, Deputy City Clerk

Agenda

CITY COUNCIL MEETING April 30, 2013 7:00 P.M. After the study session and the Pledge of Allegiance, the Mayor called the meeting to order and stated a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. Roll call showed Council Members Johnson, Stange, Eairleywine, Anderson, Hoppe, Kuhns, Bixby and Navarrette present – 8 present, 0 absent. Moved by Council Member Anderson, seconded by Council Member Stange to open the public hearing for the Community Development Block Grant Comprehensive Revitalization project #10-CR- 003. Roll call vote: 8 ayes. Motion carried. Tina Engelbart, Deputy Director, Northeast Nebraska Economic Development District, reported the City of Fremont was awarded $175,000 of CDBG funds that were allocated as follows: $60,000 for acquisition/easements; $44,000 for clearance/demolition; $50,000 for housing rehabilitation; $7,000 for housing management; and $14,000 for general administration. She stated that throughout the grant period, two budget amendments were approved and funds reallocated as follows: $8,410 for acquisition/easements; $8,702 for clearance/demolition; $128,488 for housing rehabilitation; $15,400 for housing management; and $14,000 for general administration. The City of Fremont utilized $6,000 of housing reuse funds for housing management for lead based paint testing due to funding of four additional housing rehabilitation projects. One 12- month extension request was also granted. Ms. Engelbart stated the grant has met the contract requirements for funding of six low-to-moderate income beneficiaries and that no persons were displaced as a result of CDBG funded activities. Moved by Council Member Eairleywine, seconded by Council Member Navarrette to close the public hearing. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Navarrette, seconded by Council Member Johnson to approve the consent agenda. Roll call vote: 8 ayes. Motion carried.  Dispense with April 9, 2013 minutes  April 10 – April 30, 2013 claims  Resolution No. 2013-074 granting permission to consume alcohol on City property for Helga Garay, Moller Center, May 19, 2013, graduation party; Angie Wehner, Christensen Field, June 15, 2013, wedding reception; Ashley Ahl, City Auditorium, August 23, 2014, wedding reception; John C Fremont Days, Christensen Field Outdoor Arena, July 12 & 13, 2013, rodeo; John C Fremont Days, Wolz & Ilgentritz parking lots, July 12, 2013, street dance  Resolution No. 2013-075 approving Special Designated Permit applications for Mitch Sawyer, 845 South Broad, May 4, 2013, beer garden; Rise’s Drive-In Liquor, 925 North Broad, June 8, 2013, reception; Little Chief, 1544 East Military, May 18, 2013, reception; John C Fremont Days Inc, 1710 West 16th, July 12 & 13, 2013, rodeo; John C Fremont Days Inc, Wolz & Ilgenfritz parking lots, July 13, 2013, beer garden; Moonshine Hole, July 12 & 13, 2013, 325 North Main, beer garden  St. Patrick’s Church Festival Committee request to close various streets for festival on June 1 -2, 2013  Addition to premise for Mitch Sawyer dba Whis’s End Zone Lounge, 845 South Broad (beer garden)  Resolution No. 2013-076 to authorize Mayor to execute legal documents for Community Development Block Grant revolving loan housing rehabilitation projects  Resolution No. 2013-077 to accept Community Development Block Grant Comprehensive Revitalization Assessment and Strategy Study for Project #12-CR-003  Resolution No. 2013-078 approving Metropolitan Community College request for temporary encroachment of public right of way at 835 N Broad from May 1, 2013 to June 1, 2013  Resignation of Nick Sassaman from Planning Commission and Downtown Improvement District Board  Resolution No. 2013-079 approving Updike request to combine into one lot the North 75 feet of Lots 5-7, Pierce’s Annex with South 65.32 feet, excepting South 51.68 feet  Change Order No. 1 to Michael A James & Associates for engineering services for the Public Service Answering Point project (PSAP)  Resolution No. 2013-080 approving PR#1 in the amount of $43,560.00 to Gifford Realty for Ronin Pool Renovation – Phase 3; PR#8 in the amount of $3,602.92 to Elkhorn West Construction for Police Station Renovation Project (PSAP); and, PR#1 in the amount of $77,580.00 to Guarantee Roofing & Sheet Metal for Keene Library Roof Replacement  Reappointment of Brian Wiese and Tom Winter to Planning Commission for a three year term ending April 2016  Resolution No. 2013-081 awarding bid in the amount of $183,665.00 to Sawyer Construction for Water Main Replacement in Military Avenue from Clarkson to Pebble Streets  John C Fremont Days, Inc request for Ridge Road Run route on July 13, 2013 and Pathfinder Duathlon route on July 14, 2013 The Deputy City Clerk gave the first reading, by title only, of an ordinance approving the request of Borisow Properties, LLC to amend the Planned Unit Development to erect two additional buildings for multi-family development complex at 1615 E Military Avenue, Lots 2, 3, 6 and 7, Wacek and Van Pattens Addition. Moved by Council Member Anderson, seconded by Council Member Hoppe to suspend the rules and place on final reading. Roll call vote: 8 ayes. Motion carried. The Deputy City Clerk gave the final reading, by title only, of the ordinance. Roll call vote: 8 ayes. Ordinance No. 5270 passed. Moved by Council Member Stange, seconded by Council Member Johnson to continue the Roger Chisholm request to subdivide combined Lots 13 and 14, Block 13, Westside Addition to the May 28, 2013 Council meeting. Roll call vote: 8 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Anderson to approve John C Fremont Days, Inc. request for various street closings July 11-14, 2013. Roll call vote: 8 ayes. Motion carried. The Mayor announced the next regular meeting will be May 14, 2013 at 7:00 p.m. Moved by Council Member Eairleywine, seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 8 ayes. Motion carried. Meeting adjourned at 7:18 p.m. I, Lynne McIntosh, the undersigned Deputy 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 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 the 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 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. Lynne McIntosh, CMC, Deputy City Clerk

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