City Council
Regular MeetingFremont, NE · April 30, 2013
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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