COUNCIL 2009 OCT BK NO 50 CITY OF NORFOLK, NEBRASKA

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1 Page 1 of 6 CITY OF NORFOLK, NEBRASKA The Mayor and City Council of the City of Norfolk, Nebraska met in regular session in the Council Chambers, 309 West Madison Avenue, Norfolk, Nebraska on the 19th day of October, 2009, beginning at 5:30 p.m. Following a moment of silence and the Pledge of Allegiance to the flag of the United States of America, Mayor Sue Fuchtman called the meeting to order. Roll call found the following Councilpersons present: Coy, Lange, Van Dyke, Reeder, Brenneman, and Fauss. Absent: Wilson and Saunders. Staff members present were: City Administrator Al Roder, Director of Public Works Dennis Smith, City Attorney Clint Schukei, City Clerk Beth Deck, Information Systems Manager Jim McKenzie, Wastewater Superintendent Todd Boling, Operations Manager Gary Miller, Transportation, Building & Grounds Director Jim Koch, Water & Sewer Director Dennis Watts, and Police Chief Bill Mizner. The Mayor presided and the City Clerk recorded the proceedings. The Mayor informed the public about the location of the current copy of the Open Meetings Act posted in the City Council Chambers and accessible to members of the public. Notice of the meeting was given in advance thereof by publication in the Norfolk Daily News, Norfolk, Nebraska, the designated method of giving notice, as shown by affidavit of publication. Notice was given to the Mayor and all members of the Council and a copy of their acknowledgement of receipt of notice and agenda is attached to the minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the public. Agenda Motions Councilperson Van Dyke moved, seconded by Councilperson Brenneman to remove Item No. 9, Johnson Controls agreement for energy audit for General Fund facilities, and Item No. 10, Siemens agreement for energy audit for Utility facilities and operations, from the consent agenda and to approve the consent agenda as amended. Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. Councilperson Lange moved, seconded by Councilperson Coy to add Item No. 9, Johnson Controls agreement for energy audit for General Fund facilities, and Item No. 10, Siemens agreement for energy audit for Utility facilities and operations, to the full agenda and adopt the full agenda as amended. Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. Consent Agenda Items Approved Minutes of the October 5, 2009 City Council meeting

2 Page 2 of 6 Paving District No. 502, Walters East Knolls Tenth Addition, plans, specifications and engineer s estimate and authorization for the City Clerk to advertise for bids City personnel rules revisions-- Section 14.60, Compensation and Overtime, and Section 14.70, Call-Back Time Resolution No , Roman s Sixth Addition final plat and accompanying subdivision agreement a two-lot subdivision located at West Monroe Avenue Exclude a tract of land located at 2303 North Riverside Boulevard from designated county industrial tract at the request of Daniel E. Geary Jim s Fine Wine & More Special Designated Liquor License to serve wine on November 5, 2009 at Magnolias, 2118 Market Lane, from 5:00 p.m. to 9:00 p.m. for a sampling/tasting event Jim s Fine Wine & More Special Designated Liquor License to serve wine on November 22, 2009 at Wetzel Truex Jewelers, Suite 100, 2001 Market Lane, from 1:00 p.m. to 6:00 p.m. for a sampling/tasting event Christiansen Construction Change Order No. 1, East Water Treatment Plant Backwash Improvements Projects, net increase, $14, Resolution No , Meadows Third Addition final plat and accompanying subdivision agreement a two-lot subdivision located in the 1900 block of West Park Avenue Bills in the amount of $1,707, Special Presentations The Mayor proclaimed October 2009 as Disability Awareness Month and October 25 through November 1, 2009 as White Ribbon Against Pornography (WRAP) Week. Regular Agenda Johnson Controls Energy Audit Agreement (General Fund Facilities) Councilperson Van Dyke moved, seconded by Councilperson Lange to approve and authorize the Mayor to execute a Project Development Agreement with Johnson Controls to conduct an energy audit for General Fund facilities. Wastewater Superintendent Todd Boling provided information to the Mayor and City Council. Johnson Controls, Siemens and City staff will identify and implement capital improvements to reduce energy, utility and related costs using the savings to pay for the projects. The anticipated cost savings is $37,000 per year for the General Fund facilities and $91,000 per year for the Utility facilities and operations.

3 Page 3 of 6 Roll call on the Johnson Controls agreement: Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. Siemens Agreement (Utility facilities & operations) Councilperson Brenneman moved, seconded by Councilperson Lange to approve and authorize the Mayor to execute a Project Development Agreement with Siemens to conduct an energy audit for the City s Utility facilities and operations. Roll call: Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. Public Hearings and Related Action A public hearing was held to consider a zoning change request from R-1 (Single Family Residential District) to C-3 (Service Commercial) at Glenn Street at the request of Curt and Wade Blackman. Prevention Manager Scott Cordes provided information to the Mayor and City Council. The Blackman s currently operate a service station at 1029 South 13th Street and a mechanic shop across the street at 1122 South 13th Street. The Blackman s desire to relocate the shop to the property located at Glenn Street, which will clean up three homes that are either vacant or in disrepair. The neighbors were contacted and are in favor of the zone change. Wade Blackman, 1806 Blackberry Drive, spoke in favor of the zoning change. No one else appeared either in favor of or in opposition to the zoning change and the Mayor closed the public hearing. The Norfolk Planning Commission held a public hearing on October 6, The City Clerk read the Planning Commission s recommendation for approval into the record. Ordinance No ( Glenn Street zoning change) Councilperson Brenneman introduced, seconded by Councilperson Fauss, Ordinance No entitled: AN ORDINANCE OF THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA, AMENDING THE ZONING DISTRICT MAP OF THE CITY OF NORFOLK, NEBRASKA; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM and moved that the ordinance be passed on first reading. Said ordinance was then read into the record by title by the City Clerk. Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. Ordinance No passed on first reading. Councilperson Van Dyke moved, seconded by Councilperson Reeder, that the statutory rule requiring reading on three different days be suspended. Roll call: Ayes: Coy, Lange,

4 Page 4 of 6 Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule requiring reading on three different days was suspended for consideration of said ordinance. Thereafter Councilperson Van Dyke moved, seconded by Councilperson Reeder, that the statutory rules requiring reading on three different days be suspended and for final passage of the ordinance. The Mayor then stated the question "Shall Ordinance No be passed and adopted? Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor signed and approved the ordinance and the City Clerk attested the passage and adoption of the same and affixed her signature thereto. The Mayor then instructed the City Clerk to publish said Ordinance No as required by law. Ordinance No (Repeal Section 26-1 water commissioner) Councilperson Van Dyke introduced, seconded by Councilperson Reeder, Ordinance No entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA, TO REPEAL SECTION 26-1 OF THE OFFICIAL CITY CODE REQUIRING THE MAYOR TO APPOINT A WATER COMMISSIONER SO AS TO RECONCILE THAT APPOINTMENT REQUIREMENT WITH SECTIONS 2-4 AND 2-66(G) OF THE CODE; TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND TO PROVIDE FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM and moved that the ordinance be passed on first reading. Said ordinance was then read into the record by title by the City Clerk. Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. Ordinance No passed on first reading. Councilperson Fauss moved, seconded by Councilperson Van Dyke, that the statutory rule requiring reading on three different days be suspended. Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule requiring reading on three different days was suspended for consideration of said ordinance. Thereafter Councilperson Fauss moved, seconded by Councilperson Van Dyke, that the statutory rules requiring reading on three different days be suspended and for final passage of the ordinance. The Mayor then stated the question "Shall Ordinance No be passed and adopted? Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor signed and approved the ordinance and the City Clerk attested the passage and adoption of the same and affixed her signature thereto. The Mayor then instructed the City Clerk to publish said Ordinance No as required by law.

5 Page 5 of 6 Ordinance No (Amend Section Snow Emergency Declaration) Councilperson Reeder introduced, seconded by Councilperson Fauss, Ordinance No entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA, TO AMEND SECTION OF THE OFFICIAL CITY CODE TO CLARIFY THAT DECLARATION OF A SNOW EMERGENCY NEED ONLY BE COMMUNICATED TO BROADCAST MEDIA LOCATED WITHIN THE CITY; TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND TO PROVIDE FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM and moved that the ordinance be passed on first reading. Said ordinance was then read into the record by title by the City Clerk. Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. Ordinance No passed on first reading. Councilperson Fauss moved, seconded by Councilperson Coy, that the statutory rule requiring reading on three different days be suspended. Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule requiring reading on three different days was suspended for consideration of said ordinance. Thereafter Councilperson Fauss moved, seconded by Councilperson Coy, that the statutory rules requiring reading on three different days be suspended and for final passage of the ordinance. The Mayor then stated the question "Shall Ordinance No be passed and adopted? Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor signed and approved the ordinance and the City Clerk attested the passage and adoption of the same and affixed her signature thereto. The Mayor then instructed the City Clerk to publish said Ordinance No as required by law. Councilperson Coy moved, seconded by Councilperson Fauss to adjourn the meeting at 6:04 p.m. Roll call: Ayes: Coy, Lange, Van Dyke, Reeder, Brenneman and Fauss. Nays: None. Absent: Wilson and Saunders. Motion carried. ATTEST: Sue Fuchtman Mayor Elizabeth A. Deck City Clerk ( S E A L )

6 Page 6 of 6 I, the undersigned Clerk, hereby certify that the foregoing is the full, true and correct original document of proceedings of Monday, October 19, 2009, had and done by the Mayor and City Council; that all of the subjects included in the 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 the 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. Elizabeth A. Deck City Clerk ( S E A L )