COUNCIL 2020 AUG3.2020 BK NO 61 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 North 5th Street, Norfolk, Nebraska on the 3rd day of August, 2020, 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 Josh Moenning called the meeting to order. Roll call found the following Councilmembers present: Corey Granquist, Jim Lange, Rob Merrill, Fred Wiebelhaus, Thad Murren, Gary L. Jackson, Shane Clausen, and Dick Pfeil. Absent: None.

Staff members present were: City Attorney Danielle Myers-Noelle, City Clerk Brianna Duerst, Finance Officer Randy Gates, Public Safety Director Shane Weidner, Administrative Secretary Bethene Hoff, Public Works Director Steve Rames, City Planner Val Grimes, and Economic Developer Candice Alder.

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 Merrill moved, seconded by Councilmember Jackson to approve the consent agenda as printed.

Councilmember Wiebelhaus declared a conflict and did not vote on the consent agenda.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Abstaining: Wiebelhaus. Motion carried.

Councilmember Lange moved, seconded by Councilmember Granquist to adopt the full agenda as printed. Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

Consent Agenda Items Approved

Minutes of the July 20, 2020, City Council meeting

https://norfolkne.gov/ COUNCIL 2020 AUG3.2020 BK NO 61 Page 2 of 7

Minutes of the July 21, 2020 City Council Budget Work Session meeting

Minutes of the July 23, 2020 City Council Budget Work Session meeting

Minutes of the July 28, 2020 City Council Budget Work Session meeting

July sales tax report (May sales)

Keno comparison report for June 2020

Resolution No. 2020-30 approving the final plat and subdivision agreement of Legacy Bend Fifth Addition

Resolution No. 2020-31 extending the City's LARM participation an additional 2 years and requiring 180-days notice of intent not to extend LARM participation beyond September 30, 2023

Michael J. Schliewe and Jennifer L. Schliewe Easement Agreement for the construction of a concrete trail along Victory Road

Mayor's reappointment of Dave Hamm, Chris Gray, Mark Albin, Jay Putters, and Scott Williams to the Property Tax Compliance Review Committee for three-year terms expiring August 2023

Mayor's reappointment of Kurt Bogner for a 5-year term ending July 2025, and Tom Dover, Jr. for a 3-year term ending July 2023 on the Library Board

Northeast Community College, a Political Subdivision of the State of Nebraska, agreement allowing use of Veterans Memorial Park and North Pine Park for soccer practice, clinics, camps, and games for their 2020-21 soccer season through June 30, 2021

Northeast Community College, a Political Subdivision of the State of Nebraska, agreement allowing use of the baseball field in Veterans Memorial Park for baseball practice, clinics, camps, and games for their 2020-21 baseball season through June 30, 2021

Northeast Community College, a Political Subdivision of the State of Nebraska, agreement allowing use of the softball fields in Ta-Ha-Zouka Park for softball games, practice, clinics, and camps for their 2020-21 softball season through June 30, 2021

Advertise for request for proposals from engineering firms for the preliminary and final design for the Sanitary Sewer Lining from Omaha Avenue to Monroe Avenue project

Special Designated Liquor License requested by Norfolk Arts Center, to serve beer at 101 East Norfolk Avenue, for an Outdoor Festival from 5:00 p.m. to 10:00 p.m. on August 21, 2020

Special Designated Liquor License for Jim's Fine Wine & More, 2001 Market Lane, to serve wine and beer at Sacred Heart Parish, 2300 W Madison Avenue, on September 13, 2020, from 10:30 a.m. to 6:00 p.m. for a wine and beer festival COUNCIL 2020 AUG3.2020 BK NO 61 Page 3 of 7

Bills in the amount of $1,402,292.93

Special Presentations

The Mayor proclaimed the week of August 9 - 15, 2020 as, "American Wind Week."

Public Hearings and Related Items

Public Hearing (Legacy Bend Final Planned Development, Innate Development, Inc.)

A public hearing was held to consider the Legacy Bend Final Planned Development on property generally located at the SE 1/4 NE 1/4 Section 23 Township 24 Range 1W at the request of Innate Development, LLC. City Planner Valerie Grimes provided information to the Mayor and City Council.

On July 21, 2020, the Norfolk Planning Commission held a public hearing regarding the Legacy Bend Final Planned Development. The City Clerk read the Planning Commission’s recommendation for approval into the record.

No one appeared either in favor of or in opposition to the Legacy Bend Final Planned Development and the Mayor declared the hearing closed.

Ordinance No. 5676 (Legacy Bend Final Planned Development)

Councilmember Wiebelhaus introduced, seconded by Councilmember Merrill, Ordinance No. 5676 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA, AMENDING THE ZONING DISTRICT MAP OF THE CITY OF NORFOLK, NEBRASKA, AND 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.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5676 passed on first reading.

Councilmember Wiebelhaus moved, seconded by Councilmember Lange, that the statutory rule requiring reading on three different days be suspended.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and 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 Wiebelhaus moved, seconded by Councilmember Lange, that the statutory rules requiring reading on three different days be suspended and for final passage of the COUNCIL 2020 AUG3.2020 BK NO 61 Page 4 of 7

ordinance. The Mayor then stated the question "Shall Ordinance No. 5676 be passed and adopted?"

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and 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. 5676 as required by law.

Resolution No. 2020 -32 (Legacy Bend Fourth Addition final plat)

Councilmember Merrill moved, seconded by Councilmember Jackson, for adoption of Resolution No. 2020-32 approving the final plat and subdivision agreement of Legacy Bend Fourth Addition.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Resolution No. 2020-32 was adopted.

Public Hearing (Bradford Business Park Redevelopment Plan)

A public hearing was held to consider Redevelopment Plan for the Bradford Business Park Project Located in the West Highway 275 Redevelopment Area of the City of Norfolk, Nebraska. Finance Officer Randy Gates provided information to the Mayor and City Council. At the June 15 Community Development Agency meeting the Agency voted unanimously to accept the Redevelopment Plan for the Bradford Business Park Project and forward it to the Planning Commission for review and recommendation. The Planning Commission held a hearing on the Plan at their July 7 meeting and recommended approval of the Plan on a 9-0 vote. The Community Development Agency approved Resolution No. 2020-10 on July 20 recommending approval of the Redevelopment Plan to the City Council. The Bradford Business Park project is a 140-acre parcel located at the northeast intersection of South 37th Street and West Omaha Avenue. The parcel is owned by the Greater Norfolk Economic Development Foundation and was master planned by Olsson. The Redeveloper plans to offer shovel ready sites which will be well-suited for heavy commercial and light industrial activities. Total project costs are estimated to be more than $13 million. This plan is for a three-phase project with the development timeline based on market demand.

The Plan provides for up to $13,279,399 of tax increment financing (TIF) for the project. Even with TIF, the Redeveloper's annualized return for the first six years of the project is estimated to be only 2.34%, which is considerably lower than the industry and market standard. However, as a non-profit entity, the Redeveloper is willing to accept a low return in order to promote economic development. The Redeveloper plans to start construction following TIF approval.

No one appeared either in favor of or in opposition to the Bradford Business Park Redevelopment Plan and the Mayor declared the hearing closed. COUNCIL 2020 AUG3.2020 BK NO 61 Page 5 of 7

Resolution No. 2020 -33 (Bradford Business Park Redevelopment Plan)

Councilmember Jackson moved, seconded by Councilmember Merrill, for adoption of Resolution No. 2020-33 approving the Redevelopment Plan for the Bradford Business Park Project Located in the West Highway 275 Redevelopment Area of the City of Norfolk, Nebraska.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Resolution No. 2020-33 was adopted.

Regular Agenda Items

Rutjens Construction, Inc. Change Order No. 2 (2019 Victory Road Water & Sanitary Sewer Extensions) (Water District No. 123 and Sanitary Sewer Extension District No. 252)

Councilmember Merrill moved, seconded by Councilmember Granquist, for approval of Change Order No. 2 - final with Rutjens Construction, Inc. for the 2019 Victory Road Water & Sanitary Sewer Extensions (Water District No. 123 and Sanitary Sewer Extension District No. 252) project resulting in a net increase of $3,555.00.

Public Works Director Steven Rames provided information to elected officials. Change Order No. 2 - final provides for adjusting to final quantities for a final contract amount of $831,096.83.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

Resolution No. 2020 -34 (Alex Weaver sidewalk waiver request, 5800 West Omaha Avenue)

Councilmember Granquist moved, seconded by Councilmember Clausen, for adoption of Resolution No. 2020-34 approving a sidewalk waiver requested by Alex Weaver for property located at 5800 W. Omaha Avenue.

City Planner Val Grimes provided information to elected officials. Grimes said Planning Commission recommended the waiver as the property is close to the City’s ETJ and is not on a curb and guttered street.

Councilmember Wiebelhaus said a waiver on the property would appropriate as the Comprehensive Plan doesn’t anticipate residential development this close to the ETJ.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Resolution No. 2020-34 was adopted. COUNCIL 2020 AUG3.2020 BK NO 61 Page 6 of 7

Resolution No. 2020 -35 (Mark Johnson sidewalk waiver request, 2614 Old Hadar Road)

Councilmember Wiebelhaus moved, seconded by Councilmember Murren, for adoption of Resolution No. 2020-35 approving a sidewalk waiver requested by Mark Johnson for property located at 2614 Old Hadar Road.

City Planner Val Grimes provided information to elected officials. Grimes said the lot was recently subdivided and the owner is looking to build a new building, which kicked in the sidewalk requirement.

Councilmember Wiebelhaus noted the lot is in an industrial area with no residential development close.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Resolution No. 2020-35 was adopted.

Elkhorn Paving Construction Change Order No. 1 (Gap Paving District No. 515/Paving District No. 513 project)

Councilmember Murren moved, seconded by Councilmember Granquist, for approval of Change Order No. 1 with Elkhorn Paving Construction Company for the Gap Paving District No. 515/Paving District No. 513 project resulting in a net increase of $6,051.00.

Public Works Director Steven Rames provided information to elected officials. Change Order No. 1 is to balance final quantities for the Paving District No. 513 (Georgia Avenue) portion of the project to include tree removal and an additional inlet at 1st Street and Georgia Avenue.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

There being no further business, the Mayor declared the meeting adjourned at 5:55 p.m.

______Josh Moenning Mayor ATTEST:

______Brianna Duerst City Clerk

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I, the undersigned Clerk, hereby certify that the foregoing is the full, true and correct original document of proceedings of Monday, August 3, 2020, 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.

______Brianna Duerst City Clerk

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