REGULAR MEETING CITY COUNCIL, YORK, NEBRASKA JANUARY 16, :00 O CLOCK P.M.

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1 REGULAR MEETING CITY COUNCIL, YORK, NEBRASKA JANUARY 16, :00 O CLOCK P.M. A meeting of the Mayor and City Council of the City of York, Nebraska, was convened in open and public session at 7:00 o'clock p.m. in the Council Chambers. The Mayor announced that the Open Meetings Act is posted on the east wall of the Council Chambers. ROLL CALL Present were: Mayor Harris; Councilmembers: Obermier, Mogul, North, Leggett, Brink, Redfern and Toms. Absent Councilmember Wolfe. Also present was the City Clerk, City Administrator and Director of Public Works. : Notice of this meeting was given in advance thereof by publication in the York News Times on January 11, 2014, the City's designated method for giving notice, a copy of the proof of publication being attached to these Minutes. Notice of this meeting was given to the President of the Council Redfern and all members of the City Council and a copy of their acknowledgment and receipt of notice and the agenda is attached to these Minutes. Availability of the agenda was communicated in the advance notice and in the notice to the President of the Council Redfern and City Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public. MINUTES Councilmember Leggett moved and Councilmember Brink seconded that the Minutes of the January 2, 2014 meeting be approved. REPORTS Councilmember Mogul moved and Councilmember Brink seconded that the Departmental Activities Report, and Water and Sewer Operational Statements be approved. FUND BALANCES Councilmember Obermier moved and Councilmember Leggett seconded that the Fund Balances and Budget Comparison report be approved. CLAIMS OF ELECTED OFFICIAL Councilmember Redfern moved and Councilmember Toms seconded that the claim of Councilmember Mogul for Mogul s Transmissions, Inc. in the amount of $ be approved and paid. Roll Call Vote: Ayes: Obermier, North, Leggett, Brink, Redfern and Toms. Nays: None. Absent & Not Voting: Wolfe. Councilmember Mogul declared a conflict of interest in as much as he is an owner of Mogul s Transmission, Inc. and abstained from voting. Motion Carried. Councilmember Redfern moved and Councilmember Mogul seconded that the claim of Councilmember North for York Printing Co. in the amount of $1, and North Office in the amount of $ be approved

2 and paid. Roll Call Vote: Ayes: Obermier, Mogul, Leggett, Brink, Redfern and Toms.. Nays: None. Absent & Not Voting: Wolfe. Councilmember North declared a Conflict of Interest in as much as he is an owner of York Printing Co. and North Office and abstained from voting. Motion Carried. CLAIMS Councilmember Redfern moved and Councilmember Toms seconded that the claims for the period January 3, 2014 through January 16, 2014 be approved and paid. Roll Call Vote: Ayes: Obermier, Mogul, North, Leggett, Brink, Redfern and Toms. Nays: None. Absent & CITY ADMINISTRATOR REPORT The City Administrator reported: 1) 19 th Street right of way has been acquired. Plans are to start construction at the end of the school year and have the project completed by August; 2) Division Avenue project received a notice to proceed to acquire right of way projected 2014 construction; 3) very close to hiring a Holthus Convention Center Director; 4) She and the Mayor met with Research Associates from Lincoln and will be receiving a proposal for a Community poll. DIRECTOR OF PUBIC WORKS REPORT The Director of Public Works reported: 1) a water main will be constructed across I 80; 2) working on a wastewater system facilities plan; 3) the chlorination/dechlorination is complete except that the pumps installed were too large and smaller pumps will be installed; 4) the bridge over Blackburn is functionally obsolete and he will be meeting with a consultant to look at the options to either replace or rehab; 5) work is being done to refurbish the two water towers; 6) working on getting the Lincoln Avenue underpass painted; 7) gave status of 19 th Street quite zone; 8) the well by the City shop is going to be rehabilitated; 9) Well field Utility Services group has pulled off the project for the time being. The City will run the well to see if the problem has been solved hopefully it has been fixed. KALIFF PLAT: PUBLIC HEARINGS The Mayor announced that this was the time and place set for a public hearing on a preliminary and final plat filed by Mark & Valarie Kaliff and the City Clerk read the required legal notice. The Kaliffs advised that they wish to plat the house and buildings from the balance of the farm in order to sell the area with the buildings to their son. The City Administrator reported that the plat meets the land subdivision requirement and that the Planning Commission had recommended approval.. Councilmember Toms moved and Councilmember Redfern seconded that the plat be approved. COFFEY PLAT: The Mayor announced that this was the time and place set for a public hearing on a preliminary and final plat of Coffey s 2 nd Addition to the City being a replat of Lots 1 and 2, Block 90 Original Town and the City Clerk read the required legal notice. The City Administrator advised that the plat meets the land subdivision requirements and that the Planning Commission had recommended approval. Councilmember Leggett moved and Councilmember Obermier seconded that the plat be approved.

3 REZONE LOT 3, GREENWOOD FOREST 3 RD ADDITION: Mark Grant to rezone Lot 3, Greenwood Forest 3 rd Addition from R Residential to R-2 Residential and the City Clerk read the required legal notice. Mark advised the Council that he wishes to sell the property for the construction of a duplex. The City Administrator reported that there is R-2 Zoning in the area and that the Planning Commission recommended approval of the rezoning. Following discussion, the following Ordinance was introduced: ORDINANCE NO AN ORDINANCE TO AMEND A PORTION OF THE ZONING ORDINANCE OF THE CITY OF YORK, NEBRASKA, RELATING TO BOUNDARIES OF A ZONED DISTRICT AS SSET FORTH IN YORK DISTRICT MAP PROVIDED FOR AND MADE A PART OF SECTION 2, ARTICLE IV OF SAID ZONING ORDINANCE; REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH AND TO PROVIDE FOR THE EFFECTIVE DAT E OF SAID ORDINANCE Councilmember Leggett moved and Councilmember Brink seconded that the Statutory Rule requiring reading on three different days of Ordinance No be suspended. Not Voting: Wolfe. The motion was adopted by a three-fourths vote of the Council and the Statutory Rule suspended for consideration of said Ordinance on its second and third reading. Councilmember Obermier moved and Councilmember Brink seconded that Ordinance No be passed and adopted. Not Voting: Wolfe. Ordinance No was declared adopted. ANNEXATION OF REMAINING PORTION OF PHASE 1, PARADISE PARK ADDITION, PHASE I: KBKT, LLC to annex the remaining portion of Phase I, Paradise Park Addition and the City Clerk presented the required legal notice. Brad Marshall of Olsson Associates advised that this annexation includes an additional 12 lots. The City Administrator advised that the Planning Commission had recommended approval of the annexation. The following ordinance was introduced. ORDINANCE NO AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF LAND AND TO PROVIDE AN EFFECTIVE DATE FOR THIS ORDINANCE. Councilmember Redfern moved and Councilmember Toms seconded that the Statutory Rule requiring reading on three different days of Ordinance No be suspended. Not Voting: Wolfe. The motion was adopted by a three-fourths vote of the Council and the Statutory Rule suspended for consideration of said Ordinance on its second and third reading. Councilmember Mogul moved and Councilmember Brink seconded that Ordinance No.2089 be passed and adopted. Not Voting: Wolfe. Ordinance No was declared adopted. REZONE REMAINING PORTION OF PHASE I OF PARADISE PARK ADDITION, PHASE 1: KBKT, LLC to rezone the remaining portion of Phase I, Paradise Park Addition and the City Clerk presented the

4 required legal notice. Bard Marshall advised that rezoning will allow for the construction of single family homes. The City Administrator reported that the Planning Commission had recommended approval. The following ordinance was introduced: ORDINANCE NO AN ORDINANCE TO AMEND A PORTION OF THE ZONNG ORDINANCE OF THE CITY OFYRK, NEBRASKA, RELATING TO BOUNDARIES OF A ZONED DISTRICT AS SET FORTH N YORK DISTRICT MAP PROVIDED FOR AND MADE A PART OF SECTION 2, ARTICLE IV OF SAID ZONING ORDINANCE, REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH AND TO PROVIDE FOR THE EFFECTIVE DATE OF SAID ORDINANCE. Councilmember Toms moved and Councilmember Brink seconded that the Statutory Rule requiring reading on three different days of Ordinance No be suspended. Not Voting: Wolfe. The motion was adopted by a three-fourths vote of the Council and the Statutory Rule suspended for consideration of said Ordinance on its second and third reading. Councilmember Brink moved and Councilmember Leggett seconded that Ordinance No be passed and adopted. Not Voting: Wolfe. Ordinance No was declared adopted. FINAL PLAT OF PARADISE PARK ADDITION, PHASE I: The Mayor advised that this was the time and place set for a public hearing on the final plat of Paradise Park Addition, Phase 1 and the City Clerk presented the required legal notice. Brad Marshall of Olsson Associates presented the final plat which includes 44 lots. The City Administrator reported that the plat meets the land subdivision requirements and that the Planning Commission had recommended approval. Following discussion, Councilmember Leggett moved and Councilmember Mogul seconded that the plat be approved. RECOMMEND APPROVAL OF MANAGER APPLICATION An application filed by Applebee s to name Margaret Stine as manager was presented to the Council. Ms. Stine advised the Council that she will be manager of the liquor licenses of the area Applebee s. Councilmember Redfern moved and Councilmember Obermier seconded that the Council recommend approval of the application to the Liquor Control Commission. APPROVE ENGINEERING AGREEMENT Councilmember Brink moved and Councilmember Obermier seconded that the Mayor be authorized to enter into a Consulting Services Agreement with Alfred Benesch & Company regarding an 8 inch water main to be extended from the north side of I80 and Lincoln Avenue to the south side of I80 and Lincoln Avenue. ANNOUNCEMENT Councilmember Obermier announced that he will be filing for the District 4 County Commissioner Office.

5 ADJOURNMENT There being no further business to come before the meeting, The Mayor adjourned the meeting, the time being 7:39 o'clock p.m. C. Jean Thiele, City Clerk Charles Harris, Mayor