COUNCIL 2009 APRIL BK NO 50 CITY OF NORFOLK, NEBRASKA

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1 Page 1 of 5 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 20th day of April, 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, Van Dyke, Reeder, Wilson, Brenneman, Fauss, and Saunders. Absent: Lange. Staff members present were: City Administrator Al Roder, City Attorney Clint Schukei, Director of Public Works Dennis Smith, City Clerk Beth Deck, Transportation, Building & Grounds Director Jim Koch, Finance Officer Randy Gates, Police Chief Bill Mizner, Housing Director Sheila Miller, Wastewater Plant Superintendent Todd Boling, Prevention Manager Scott Cordes, Information Systems Manager Jim McKenzie, Water & Sewer Director Dennis Watts, Accountant Melissa Drevecky, and Administrative Secretary Kelli Svitak. 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 Saunders moved, seconded by Councilperson Coy to approve the consent agenda as printed. Roll call: Ayes: Councilpersons Coy, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: Lange. Motion carried. Councilperson Van Dyke moved, seconded by Councilperson Brenneman to adopt the full agenda as printed. Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Consent Agenda Items Approved Minutes of the April 6, 2009 City Council meeting Minutes of the April 13, 2009 Staff Retreat/Work Session meeting

2 Page 2 of 5 VFW Winter-Munson Post No agreement for the annual Loyalty Day Parade on May 1, 2009 Plans, specifications, and engineer s estimate on file in the City Clerk s office for Street Overlay Project project and authorization for the City Clerk to advertise for bids Award of contract to SATV Services, Inc. of Council Bluffs, IA for Norfolk Downtown Sound System project in an amount of $27, to furnish all labor, materials, equipment and all else necessary to properly complete the project. Two sealed bids were received at the April 14, 2009 bid letting. The other bidder was Barnhill Enterprises, L.L.C., Norfolk, $36, Wubben (Charles and Marla) Street right-of-way dedication for the construction of Glenn Street from Monroe Avenue to approximately 475 feet north of Jefferson Avenue Pebco Addition--Owners Association (Brad Love and Marcus Wacker) Street right-of-way dedication for the construction of Glenn Street from Monroe Avenue to approximately 475 feet north of Jefferson Avenue Fundus (Kenneth D and Karen D) Street right-of-way dedication for the construction of Glenn Street from Monroe Avenue to approximately 475 feet north of Jefferson Avenue for Pebco Addition Finn, L.L.C., a Nebraska Limited Liability Company, for Pebco Addition, Street right-of-way dedication for the construction of Glenn Street from Monroe Avenue to approximately 475 feet north of Jefferson Avenue for Pebco Addition Mission Statement and Vision Statement for the City of Norfolk compiled by the Mayor and City Council. The Mission Statement is The City of Norfolk Mission is to provide quality public services in an effective and efficient manner to enhance the common good and quality of life including citizen involvement. Goals for the City of Norfolk compiled by the Mayor and City Council. The goals are: #1 Creation of a Parks and Recreation Facilities Master Plan #2 Enhance Parks: Memorial Field, Aquatic Center and Ta-Ha-Zouka Land #3 Create an Arts and Culture Coordinating Committee #4 Develop an Economic Program spearheaded by the City of Norfolk #5 Develop a plan for new City Administrative offices Centel Corporation Agreement for the installation of monitoring wells on City-owned streets or right-of-way to conduct soil and groundwater investigation in the area of the natural gas building located at 7th Street and Norfolk Avenue Pioneer Baseball agreement for use of Ta-Ha-Zouka baseball fields for the 2009 baseball VFW Baseball agreement for use of the Ta-Ha-Zouka baseball fields for the 2009 baseball Titan Baseball agreement for use of the Ta-Ha-Zouka baseball fields for the 2009 baseball

3 Page 3 of 5 Cardinal Baseball agreement for use of the Ta-Ha-Zouka baseball fields for the 2009 baseball Cubs Baseball agreement for use of the Ta-Ha-Zouka baseball fields for the 2009 baseball Norfolk Catholic agreement for use of the cross country area at Skyview Park for the 2009 Lutheran High Northeast agreement for use of the cross country area at Skyview Park for the 2009 Advertise for an RFP for a park and trail master plan Mayor s appointment of Jim Sinek to the Elkhorn Valley Economic Development Council board of directors Bills on file in the amount of $945, Special Presentations The Mayor proclaimed May 2009 as "National Youth Traffic Safety" Month and May 1, 2009 as "Keep Kids Alive Drive 25 Day". Nebraska Public Power District representatives Larry Arens and Mary Plettner presented the 2008 NPPD Economic Development Award to the City of Norfolk for the Vishay/Nucor Detailing Center expansion and the retention of Affiliated Foods projects. The Mayor presented the Government Finance Officers Association Distinguished Budget Presentation Award to Accountant Melissa Drevecky and Administrative Secretary Kelli Svitak for the City of Norfolk's budget for the fiscal year ending September 30, This is the sixteenth consecutive year the City of Norfolk has received the award. Regular Agenda Items Ordinance No (sign registration) Councilperson Van Dyke introduced, seconded by Councilperson Wilson, Ordinance No entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO AMEND SECTION 6-36 OF THE OFFICIAL CITY CODE TO CLARIFY THAT EVERY PERSON ENGAGED IN THE CONSTRUCTION, ALTERATION OR REMODELING OF SIGNS SHALL REGISTER AS A COMMERCIAL BUILDING CONTRACTOR WITH THE CITY; TO AMEND SECTIONS THROUGH , SECTION AND SECTION OF THE OFFICIAL CITY CODE TO AMEND THE PROVISIONS FOR SIGNS IN THE VARIOUS ZONING DISTRICTS; TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND TO PROVIDE FOR THE PUBLICATION OF

4 Page 4 of 5 THIS ORDINANCE IN PAMPHLET FORM and moved that the ordinance be passed on second reading. Said ordinance was then read into the record by title by the City Clerk. Councilperson Reeder abstained from discussion and voting on Ordinance No Roll call: Ayes: Councilpersons Coy, Van Dyke, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: Lange. Abstaining: Reeder. Motion carried. Ordinance No passed on second reading. Thereafter Councilperson Van Dyke moved, seconded by Councilperson Saunders, 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: Councilpersons Coy, Van Dyke, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: Lange. Abstaining: Reeder. 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 (Black Hills Energy franchise agreement extension) Councilperson Fauss introduced, seconded by Councilperson Brenneman, Ordinance No entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO EXTEND THE TERM OF BLACK HILLS/NEBRASKA GAS UTILITY COMPANY, LLC S FRANCHISE FOR A PERIOD OF NINETY (90) DAYS BEYOND ITS CURRENT EXPIRATION DATE; 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. Saunders. Nays: None. Absent: Lange. Motion carried. Ordinance No passed on first reading. Councilperson Fauss moved, seconded by Councilperson Reeder, that the statutory rule requiring reading on three different days be suspended. Saunders. Nays: None. Absent: Lange. 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 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?"

5 Page 5 of 5 Saunders. Nays: None. Absent: Lange. 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. Administrative Reports No comments were received regarding the balance sheet and summary financial statement included in the agenda packet. Councilperson Van Dyke moved, seconded by Councilperson Fauss to adjourn the meeting at 5:46 p.m. Roll call: Ayes: Councilpersons Coy, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: Lange. Motion carried. ATTEST: Sue Fuchtman Mayor Elizabeth A. Deck City Clerk ( S E A L ) I, the undersigned Clerk, hereby certify that the foregoing is the full, true and correct original document of proceedings of Monday, April 20, 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 )