Page 1 of 7 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 6th day of June, 2011, 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: Coy, Lange, Merrill, Clausen, Murren, Brenneman, Fauss, and Saunders. Absent: None. Staff members present were: Interim City Administrator Shane Weidner, Director of Public Works Dennis Smith, City Attorney Clint Schukei, City Clerk Beth Deck, Transportation, Building & Grounds Director Jim Koch, Finance Officer Randy Gates, Police Chief Bill Mizner, Information Systems Manager Jim McKenzie, Administrative Secretary Bethene Hoff, Human Resources Director Sheila Schukei, Prevention Manager Scott Cordes and Operations Manager Gary Miller. 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 Saunders moved, seconded by Councilmember Brenneman to approve the consent agenda as printed. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Brenneman, Fauss and Councilmember Lange moved, seconded by Councilmember Merrill to adopt the full agenda as printed. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Brenneman, Fauss and Consent Agenda Items Approved Minutes of the May 16, 2011, City Council meeting Minutes of the May 16, 2011 City Council Work Session Sid Sudbeck Subrecipient Agreement related to a City-owned lot at 808 South 7th Street which is being placed into a Community Revitalization Grant Program
Page 2 of 7 Resolution No. 2011-10 approving Supplemental Agreement No. 1 to the original program agreement between the Nebraska Department of Roads and the City of Norfolk for the Norfolk Elkhorn River Trail project and authorizing Mayor or designated official to sign all related documents Olsson Associates engineering contract for the planning, design, environmental review, construction management, and inspection of a 20"/24" water main beginning at the West Water Treatment Plant and ending at the intersection of 13th Street and Omaha Avenue project for an amount not to exceed of $402,390 Juanita Ramirez reappointment to Housing Agency Board of Directors for a five year term expiring in June 2016 Letter of no recommendation to the Nebraska Liquor Control Commission on the Class C liquor license application of Norfolk Hospitality, Inc., dba Hampton Inn, 904 South 20th Street, and the manager application of Paul J. Younes Councilmember Murren appointment to Housing Agency Board of Directors, filling the vacancy created by the resignation of Verda Fischer, with the term expiring in June 2015, or until the Councilmember ceases to serve as a member of the Norfolk City Council Concrete Improvements 2011-1 project, additional areas for concrete paving improvements resulting in an estimated additional cost of $166,776.50 -- the contractor is ahead of schedule so additional areas can be completed with a change order with the contractor, Elkhorn Paving Construction Company, to come at the completion of the project to reflect the additions plus actual quantities. Resolution No. 2011-11 calling the $1,490,000 of outstanding Series 2003 Combined Utilities Revenue Bonds with a call date on July 12, 2011 Agreement with Whitecliff Development Inc., Ann B. Dover, Robert E. Dover and Elkhorn Valley Bank & Trust for a residence at 3105 Dover Drive related to the elevation of the lowest floor of the structure Economic Development Citizen Advisory Review Committee appointments of James Mangels and Tammy Langan-Young filling the remaining three-year terms of Troy Jones and Kevin Cunningham with the terms expiring October 2013 HDR Engineering design contract, Household Hazardous Waste Facility, $33,000 Bills in the amount of $1,827,726.57 Special Presentations Interim City Administrator Shane Weidner provided the Mayor and City Council with a recreation update. Award of contracts for pool construction & mechanical and general contractor are being consideration on this Council agenda. The bids came in within the engineer s estimate and within budget. Therefore, Phase 3 of the recreational improvements project (Ta-Ha-Zouka Park) will also be completed. Weidner said good progress is being made on the turf project.
Page 3 of 7 Regular Agenda Items Ordinance No. 5165 (sale of property to Sid Sudbeck, 808 South 7th Street) Councilmember Lange introduced, seconded by Councilmember Brenneman, Ordinance No. 5165 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA, TO AUTHORIZE THE SALE OF CITY PROPERTY; TO PROVIDE THE TERMS OF SALE AND AUTHORIZE THE MAYOR TO EXECUTE AND DELIVER A QUITCLAIM DEED TO THE PROPERTY; TO PROVIDE FOR A REMONSTRANCE TO SAID SALE AS PROVIDED BY LAW; TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; 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. Ordinance No. 5165 passed on first reading. Councilmember Coy moved, seconded by Councilmember Fauss, that the statutory rule requiring reading on three different days be suspended. 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 Coy 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. 5165 be passed and adopted?" 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. 5165 as required by law. Ordinance No. 5166 (amend City Code, sidewalks) Councilmember Coy introduced, seconded by Councilmember Fauss, Ordinance No. 5166 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO AMEND SECTION 22-1 OF THE OFFICIAL CITY CODE TO CLARIFY WHAT PORTION OF A SIDEWALK MUST BE CLEANED OF SNOW, ICE, MUD, ETC. WHEN THE SIDEWALK IS MORE THAN FIVE FEET IN WIDTH; TO ENACT SECTION 22-5 TO PROVIDE A DEFINITION OF SIDEWALK AS USED IN CHAPTER 22, ARTICLE I; TO AMEND SECTION 22-23 TO SET FORTH RESPONSIBILITY FOR COST OF CONSTRUCTION OR
Page 4 of 7 REPAIRS TO A SIDEWALK THAT IS MORE THAN FIVE FEET IN WIDTH; 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. Interim City Administrator Shane Weidner explained the proposed ordinance will clarify the owner s responsibility for cleaning a sidewalk that is more than 5 feet in width and will provide consistency throughout the City. The ordinance also defines the term sidewalk and outlines the owner s responsibility for construction or repairs of a sidewalk more than 5 feet in width. Citizens speaking in opposition to the proposed ordinance were: Christian Merchant, 205 South 25th Street concerns with definition of a sidewalk and liability issues, understands cleaning and maintenance of sidewalk, feels a 5 foot wide sidewalk would alleviate concerns. Rick Tomjack, 204 North 25th Street concerns with definition of a sidewalk and increased liability to homeowners, City should take ownership and maintenance responsibilities for the 8 foot sidewalk/trail, won t stop easement process but wants to work out a solution on sidewalk issue. A letter from Tomjack, addressed to the Norfolk City Council, was distributed at the meeting. Rod Wilke, 2401 Hardison Drive concerns with definition of a sidewalk, doesn t like ordinance, feels City should maintain entire 8 foot sidewalk, would be ok with a 5 foot sidewalk, will not sign easement. Wilke read a 2-part petition, (1) against the proposed ordinance, and (2) refusing to grant easements to the City of Norfolk. Marilyn Alexander, 2408 West Norfolk Avenue bike trail can be at street level, concerns with definition of a sidewalk, no communication on project. Bill Alexander, 2408 West Norfolk Avenue sidewalk can be at street level, wants ordinance tabled. Fred Bader, 2607 Westside Avenue feels the answer to the issue is that the City maintains the 8 foot sidewalk. City staff explained sidewalk responsibility is that of the property owner, however, the proposed ordinance would provide the City participate in a cost share with property owners for construction or repairs of sidewalks over five feet in width. The City needs to obtain right-ofway and easements to proceed with the project. Councilmember Lange feels snow removal is not really an issue and there would be more liability concerns with a 4 foot sidewalk compared to an 8 foot sidewalk. Roll call on Ordinance No. 5166: Ayes: None. Nays: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Brenneman, Fauss and Saunders. Absent: None. Motion failed. Ordinance No. 5166 failed on first reading. Pool Construction Contract #1, Mechanical Inc. Councilmember Coy moved, seconded by Councilmember Lange, to approve Burbach Aquatic's recommendation to award Contract #1, pool construction of the Norfolk Recreational Improvement Bond - Phase II project, to Mechanical Inc. from Freeport, Illinois for a total of $3,340,322 to furnish all labor, materials, equipment and all else necessary to properly construct all of the project. Two sealed bids were received at the June 1, 2011 bid letting.
Page 5 of 7 Pool Mechanical Construction Contract #2, Mechanical, Inc. Councilmember Lange moved, seconded by Councilmember Fauss, to approve Burbach Aquatic's recommendation to award Contract #2, pool mechanical construction of the Norfolk Recreational Improvement Bond - Phase II project, to Mechanical Inc. from Freeport, Illinois for a total of $1,500,400 to furnish all labor, materials, equipment and all else necessary to properly construct all of the project. Two sealed bids were received at the June 1, 2011 bid letting. General Construction Contract #3, MECO-HENNE Contracting, Inc. Councilmember Fauss moved, seconded by Councilmember Lange, to approve Burbach Aquatic's recommendation to award Contract #3, general construction of the Norfolk Recreational Improvement Bond - Phase II project, to MECO-HENNE Contracting, Inc. from Omaha, Nebraska for a total of $4,656,500 to furnish all labor, materials, equipment and all else necessary to properly construct all of the project. Three sealed bids were received at the June 1, 2011 bid letting. Nemaha Landscape Construction (Change Order #1, Veterans Memorial Park) Councilmember Coy moved, seconded by Councilmember Lange, to approve Change Order No. 1 with Nemaha Landscape Construction for the General Combination Construction contract which will add bus parking and sidewalks and results in an increase of $52,000. Sprinturf (Change Order #1, Veterans Memorial Park) Councilmember Merrill moved, seconded by Councilmember Murren, for approval of Change Order No. 1 with Sprinturf for the Synthetic Turf portion of the Veterans Memorial Park project which will add a logo to the synthetic turf and results in an increase of $12,227.45.
Page 6 of 7 Administrative Office Space (Supertel Hospitality, Inc.) Councilmember Fauss moved, seconded by Councilmember Merrill, to adjourn from regular session at 7:08 p.m. and go into closed session to discuss negotiations to acquire administrative office space from Supertel Hospitality, Inc. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Mayor Fuchtman stated for the record the only item to be discussed in closed session is negotiations to acquire administrative office space from Supertel Hospitality, Inc. Mayor Fuchtman restated for the record that the only item discussed in the closed session was negotiations to acquire administrative office space from Supertel Hospitality, Inc. Councilmember Lange moved, seconded by Councilmember Fauss, to adjourn from closed session and reconvene into regular session at 7:48 p.m. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Councilmember Fauss moved, seconded by Councilmember Saunders to set a public hearing for June 20, 2011 to provide an opportunity for input from the public regarding the possible acquisition of administrative office space from Supertel Hospitality, Inc. and to comply with Nebraska Revised Statutes 18-1755. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Councilmember Fauss moved, seconded by Councilmember Murren to adjourn the meeting at 7:49 p.m. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Brenneman, Fauss and ATTEST: Sue Fuchtman Mayor Elizabeth A. Deck City Clerk ( S E A L )
Page 7 of 7 I, the undersigned Clerk, hereby certify that the foregoing is the full, true and correct original document of proceedings of Monday, June 6, 2011, 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 )