COUNCIL 2013 AUG BK NO 54 CITY OF NORFOLK, NEBRASKA

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1 Page 1 of 8 CITY OF NORFOLK, NEBRASKA The Mayor and City Council of the City of Norfolk, Nebraska met in regular session in the Council Chambers, 309 North 5th Street, Norfolk, Nebraska on the 19th day of August, 2013, 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 Councilmembers present: Dale Coy, Jim Lange, Rob Merrill, Shane Clausen, Thad Murren, Josh Moenning, Dave Fauss, and Dick Pfeil. Absent: None. Staff members present were: City Administrator Shane Weidner, Director of Public Works Dennis Smith, City Attorney Clint Schukei, City Clerk Beth Deck, Finance Officer Randy Gates, Police Chief Bill Mizner, Wastewater Plant Superintendent Todd Boling, Information Systems Manager Jim McKenzie, Programmer/Analyst Leon Gentrup, Assistant City Engineer Mark Dolechek, Preventions Manager Trent Howard, Water & Sewer Director Dennis Watts, Administrative Secretary Bethene Hoff, and Economic Development Director Courtney Klein. 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 Councilmember Coy moved, seconded by Councilmember Fauss to approve the consent agenda as printed. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. Councilmember Merrill moved, seconded by Councilmember Lange to adopt the full agenda as printed. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. Consent Agenda Items Approved Minutes of the August 5, 2013, City Council meeting Resolution No approving the final allocation of levy authority for the Offstreet Parking District for fiscal year allowing the District to levy a property tax of $86,992 not to exceed $.35 per hundred dollars of assessed valuation

2 Page 2 of 8 Resolution No approving the final allocation of levy authority for the Norfolk Airport Authority for fiscal year allowing the Norfolk Airport Authority to levy a property tax of $372, Resolution No extending the current E911 surcharge rate through 2014 Kirkham, Michael and Associates, Inc. agreement for design, bidding, easement acquisition, public information, limited environmental, permit applications and construction services for the Northeast Industrial 20-inch Water Main Extension project for a total agreement amount not to exceed $199, Kirkham, Michael and Associates, Inc. agreement for design, bidding, easement acquisition, public information, limited environmental, permit applications and construction services for the Northeast Industrial Sanitary Sewer Extension project for a total agreement amount not to exceed $435, Special Designated Liquor Licenses for the Downtown Norfolk Association, Inc., to serve beer and wine at the Norfolk Area Chamber of Commerce (back parking lot), 609 W Norfolk Avenue, on Friday, September 27, 2013 from 4:00 p.m. to 1:00 a.m., and on Saturday, September 28, 2013 from 12:00 noon to 1:00 a.m., for a beer garden in conjunction with Oktoberfest Bradford Land Company, LLC, easement agreement for a donated easement for the Water Transmission Main project along Omaha Avenue Penro Construction Company, Inc. (of Pender, Nebraska) contract for the Southwest Water Transmission Main project for an amount of $2,741, to furnish all labor, materials, equipment and all else necessary to properly construct all the project. Six sealed bids were received at the August 8, 2013 bid letting. The other bidders were Rutjens Construction, Inc., Tilden, Nebraska, $2,997,791.15; Carstensen Contracting, Inc., Pipestone, MN, $3,532,440.10; S.J. Louis Construction, Inc, Rockville, MN, $3,843,000.00; D.A. Davis Co., Inc., South Sioux City, Nebraska, $3,987,602.75; and General Excavating of Lincoln, Nebraska, $4,678, Wanda J. Fichter easement agreement for construction of Michigan Avenue Improvements project for $70.00 Advertise for replacement protective gear for the Fire Division Adam Matteo, doing business as Select Fitness, Neon Nights Run agreement to be held on Saturday, August 24, 2013 Terracon agreement to place two monitoring wells and a vacuum extraction well on City property located at the northeast corner of 3rd Street and Madison Avenue Bills in the amount of $1,310,566.74

3 Page 3 of 8 Public Hearings and Related Items Public Hearings (amend Comprehensive Plan & zone change, 5401 W Nucor Rd) Public hearings were held simultaneously to consider amending the Comprehensive Plan from agricultural/open space to rural residential and changing the zoning from A (Agricultural District) to R-R (Rural Residential) at 5401 West Nucor Road at the request of Tom Calvert. Preventions Manager Trent Howard provided information to the Mayor and City Council. The property owner wants to rezone this 8-acre parcel to sell to an interested buyer. On August 6, 2013, the Norfolk Planning Commission held public hearings regarding the Comprehensive Plan amendment and zone change request. The City Clerk read the Planning Commission s recommendations for approval into the record. Dick Johnson, 701 Michigan Avenue, spoke in favor of the amendment and zoning change. No one else appeared either in favor of or in opposition to the amendment and zone change and the Mayor declared the hearings closed. Ordinance No (comprehensive plan amendment, 5401 W Nucor Rd) Councilmember Fauss introduced, seconded by Councilmember Merrill, Ordinance No entitled: AN ORDINANCE OF THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA; AMENDING THE FUTURE LAND USE MAP OF THE CITY OF NORFOLK, NEBRASKA; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND 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. Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No passed on first reading. Councilmember Lange moved, seconded by Councilmember Fauss, that the statutory rule requiring reading on three different days be suspended. Pfeil. Nays: None. Absent: None. 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 Councilmember Lange moved, seconded by Councilmember Fauss, 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?"

4 Page 4 of 8 Pfeil. Nays: None. Absent: None. 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 (zone change, 5401 W Nucor Rd) Councilmember Lange introduced, seconded by Councilmember Merrill, 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; AND 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. Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No passed on first reading. Councilmember Fauss moved, seconded by Councilmember Clausen, that the statutory rule requiring reading on three different days be suspended. Pfeil. Nays: None. Absent: None. 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 Councilmember Fauss moved, seconded by Councilmember Clausen, 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?" Pfeil. Nays: None. Absent: None. 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. Resolution No (Calvert s Addition final plat & subdivision agreement) Councilmember Coy moved, seconded by Councilmember Merrill, to adopt Resolution No approving the final plat of Calvert's Addition and its accompanying subdivision agreement located at 5401 W Nucor Road.

5 Page 5 of 8 Pfeil. Nays: None. Absent: None. Motion carried. Resolution No was adopted. Public Hearing (blight and substandard) (Northeast Corner of 13th Street & Omaha Avenue) A public hearing was held to consider a blight and substandard declaration for the area referred to as "Northeast Corner of 13th Street & Omaha Avenue". Economic Development Director Courtney Klein stated the Northeast Nebraska Economic Development District conducted a study of the proposed area. Tom Higginbotham, Executive Director of the Northeast Nebraska Economic Development District, provided information to the Mayor and City Council. The purpose of the study was to determine if all or part of the designated study area is substandard and blighted. In this instance, it was determined that the objective criteria met was the average age of residential or commercial units in the area, which was years. Subjective criteria met for the area are: existence of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility or usefulness; unsanitary or unsafe conditions; deterioration of site or other improvements; improper subdivision or obsolete platting; and any combination of such factors that substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations, or constitutes an economic or social liability and is detrimental to the public health, safety, morals, or welfare in its present condition and use. Having met both objective and subjective criteria of substandard and blighted as defined in state statutes, the study determined that the area is both substandard and blighted. On August 6, 2013, the Norfolk Planning Commission held a public hearing regarding the blight and substandard area located in the Northeast Corner of 13th Street & Omaha Avenue. The City Clerk read the Planning Commission s recommendation for approval into the record. No one else appeared either in favor of or in opposition to the blight and substandard area and the Mayor declared the hearing closed. Resolution No (Northeast Corner of 13th Street and Omaha Avenue) Councilmember Lange moved, seconded by Councilmember Fauss, to adopt Resolution No declaring the area generally located at the Northeast corner of 13th Street and Omaha Avenue referred to as "Northeast Corner of 13th Street and Omaha Avenue", as blighted and substandard. Pfeil. Nays: None. Absent: None. Motion carried. Resolution No was adopted.

6 Page 6 of 8 Regular Agenda Items Ordinance No (purchasing) Councilmember Fauss introduced, seconded by Councilmember Lange, Ordinance No entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO AMEND SECTIONS 2-105, 2-110, 2-111, 2-114, and OF THE OFFICIAL CITY CODE TO UPDATE AMOUNTS RELATED TO PURCHASING TO REFLECT INFLATION; 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. Finance Officer Randy Gates explained the update proposed reflects inflation. The last increase related to purchasing was made in Purchasing limits increase from $50 to $75 (minor supplies); $400 to $600 (open monthly purchase orders); $400 - $1,000 to $600 - $1,500 (3 informal bids); and $1,000 - $20,000 to $1,500 - $30,000 (3 competitive bids when possible); $20,000 to over $30,000 (formal bid process). Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No passed on first reading. Councilmember Fauss moved, seconded by Councilmember Merrill, that the statutory rule requiring reading on three different days be suspended. Pfeil. Nays: None. Absent: None. 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 Councilmember Fauss moved, seconded by Councilmember Merrill, 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?" Pfeil. Nays: None. Absent: None. 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.

7 Page 7 of 8 Thomas M. & Lois E. Hall (Sewer System connection waiver) Councilmember Merrill moved, seconded by Councilmember Fauss, to approve a waiver request from Thomas M. and Lois E. Hall for the required connection to the City of Norfolk sewer system for property at 2150 Sheridan Drive. Prevention Manager Trent Howard stated the outer edge of the property is within the 300 foot requirement to connect to the City s sewer system. However, the house is located beyond 450 feet. Staff reviewed the waiver request and feel it is appropriate at this time. Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No (Trail Advisory Board) Councilmember Merrill introduced, seconded by Councilmember Lange, Ordinance No entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO ENACT NEW SECTIONS THROUGH OF THE CODE TO CREATE A TRAIL ADVISORY BOARD; TO DIVIDE CHAPTER 18 PARKS AND RECREATION INTO TWO SEPARATE ARTICLES; 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. City Administrator Shane Weidner explained the advisory board will consist of five (5) voting members and two (2) non-voting members. The voting members will be one resident from each of the four wards of the city and one person residing in the extraterritorial zoning jurisdiction of the city. The non-voting members will be the city s park and building maintenance supervisor and one staff member from the Lower Elkhorn Natural Resources District that resides in the City of Norfolk of within the extraterritorial zoning jurisdiction. Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No passed on first reading. Councilmember Merrill moved, seconded by Councilmember Lange, that the statutory rule requiring reading on three different days be suspended. Pfeil. Nays: None. Absent: None. 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 Councilmember Fauss moved, seconded by Councilmember Moenning, 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?"

8 Page 8 of 8 Pfeil. Nays: None. Absent: None. 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. There being no further business, the Mayor declared the meeting adjourned at 6:02 p.m. 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, August 19, 2013, 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 )