City Council Minutes June 15, 2020

Home , Victory Road (2020)

COUNCIL 2020 JUNE15.2020 BK NO 61 Page 1 of 9

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 15th day of June, 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 Administrator Andy Colvin, 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, Risk Manager Lyle Lutt, City Planner Val Grimes, and Police Chief Don 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 via email notification to media outlets on June 11, 2020, and by publication on the City of Norfolk website, physical posting at Norfolk City Hall, 309 N 5th St and Social Media postings on June 12, 2020.

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 Murren to approve the consent agenda as printed. Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried.

Councilmember Wiebelhaus moved, seconded by Councilmember Jackson 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 June 8, 2020, Special City Council meeting

Midwest Bank agreement to serve as the City's depository bank for a four year term beginning July 1, 2020, with the option of renewing the agreement for two additional one (1) year periods upon the same terms and conditions

Joshua M. Ruppert Easement Agreement for the construction of a concrete trail along Victory Road

https://norfolkne.gov/ COUNCIL 2020 JUNE15.2020 BK NO 61 Page 2 of 9

Francisco Martinez-Ramirez and Esmerelda Martinez Easement Agreement for the construction of a concrete trail along Victory Road

Sharon L. Burmester, Rhonda L. Brachle and Daniel Brachle, Marsha L. Schwartz and Russell Schwartz, and Shelly L. Stack Easement Agreement for the construction of a concrete trail along Victory Road

Resolution No. 2020-17 approving the final plat and subdivision agreement of Walters' East Knolls 13th Addition

Special Designated Liquor Licenses requested by Downtown Norfolk Association, to serve beer at 303 W Norfolk Avenue, for a Family Music Concert Series from 5:00 p.m. to 9:00 p.m. on the following dates: Thursday, July 16 2020, with an alternate date of Wednesday, July 22, 2020; Thursday, August 13, 2020, with an alternate date of Thursday, August 20, 2020; and Thursday, September 3, 2020, with an alternate date of Thursday, September 10, 2020

Ryan Hansen, doing business as Nebraska Slow Pitch, agreement allowing the use of the softball fields in Ta-Ha-Zouka Park to hold a slow pitch softball tournament on Saturday, August 1, 2020

Resolution No. 2020-18 approving the final plat of R & L Properties Medelmans Lake Subdivision

Resolution No. 2020-19 approving the final plat of Cornhusker Subdivision

North Fork Outfitting, LLC, a Nebraska Limited Liability Company, agreement allowing the operation of a non-motorized watercraft rental operation in Skyview Park and Lake

Plans, specifications, and engineer's estimate on file in the City offices for East Benjamin Avenue Connector Trail, RTP-2019-003 project and authorization for the City Clerk to advertise for bids

Rotary Club of Norfolk, a Nebraska Nonprofit Corporation, agreement allowing the use of Skyview Park for the purpose of holding three separate musical performances, which will include allowing alcohol in a portion of the park on the following dates: July 3, 2020 (with rain date of July 9, 2020); July 23, 2020 (with rain date of July 30, 2020); and August 6, 2020 (with rain date of August 13, 2020).

Norfolk Lodge #46 IOOF agreement to hold a parade on July 4, 2020

Bills in the amount of $1,110,922.60

Public Hearings and Related Items

Public Hearing (Citizen Advisory Review Committee)

A public hearing was held to receive a report on findings and suggestions from the economic development Citizen Advisory Review Committee as required by State Statutes Section 18- 2715. Finance Officer Randy Gates provided information to the Mayor and City Council. State COUNCIL 2020 JUNE15.2020 BK NO 61 Page 3 of 9

Statutes require a Citizen Advisory Review Committee (CARC). The citizens serving on CARC are: Cindy Morrow, Brandon Day, Aaron Otten, Jan Einspahr and Kathie Means. The City's Finance Officer serves as an ex officio non-voting member of CARC. State Statutes require the CARC to meet at least once in every six-month period and to report to the City Council on its findings and suggestions at a public hearing called for that purpose. The committee reviewed and discussed the following: 1. Current funding. 2. Rural Business Development Grant Revolving Loan Fund Program update. 3. Economic development update. 4. CARC findings and suggestions for public hearing.

This item was for informational purposes only.

Public Hearing (extraterritorial zone jurisdiction map amendment)

A public hearing was held to consider an amendment to the extraterritorial zoning jurisdiction map of the City of Norfolk, Nebraska, as authorized by Section 16-902 R.R.S 2012. City Planner Valerie Grimes provided information to the Mayor and City Council. Grimes said the proposed ETJ expansion to the southwest is due to the annexation of the Bradford Business Park. The expansion would bring an additional 640 acres into the City’s zoning jurisdiction.

On June 2, 2020, the Norfolk Planning Commission held a public hearing regarding the amendment. 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 extraterritorial zoning jurisdiction map of the City of Norfolk, Nebraska, as authorized by Section 16-902 R.R.S 2012, and the Mayor declared the hearing closed.

Ordinance No. 5667 (extraterritorial zone jurisdiction map amendment)

Councilmember Merrill introduced, seconded by Councilmember Jackson, Ordinance No. 5667 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA, TO AMEND THE EXTRATERRITORIAL ZONING JURISDICTION MAP OF THE CITY OF NORFOLK, NEBRASKA, AS AUTHORIZED BY N.R.S. SECTION 16-902 (R.R.S. 2012), TO INCLUDE: THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 5;TOWNSHIP 23 NORTH, RANGE 1 WEST; THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 1 WEST; THE NORTH ½ OF THE SOUTHEAST ¼ OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 1 WEST; THE NORTH ½ OF THE SOUTHWEST ¼ OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 1 WEST; THE SOUTH ½ OF THE NORTHWEST ¼ OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 1 WEST; THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 1 WEST; THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 6, TOWNSHIP 23 NORTH, RANGE 1 WEST; THE SOUTHEAST ¼ OF THE NORTHEAST ¼ OF SECTION 1, TOWNSHIP 23 NORTH, RANGE 2 WEST; THE NORTH ½ OF THE NORTHEAST ¼ OF SECTION 1, TOWNSHIP 23 NORTH, RANGE 2 WEST; THE SOUTHWEST ¼ OF THE SOUTHEAST ¼ OF SECTION 36; TOWNSHIP 24 NORTH, RANGE 2 WEST; THE EAST HALF OF THE SOUTHWEST ¼ OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 2 WEST ALL WEST OF THE 6TH P.M., MADISON COUNTY, NEBRASKA; TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL COUNCIL 2020 JUNE15.2020 BK NO 61 Page 4 of 9

FORCE AND EFFECT; AND TO PROVIDE FOR 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. 5667 passed on first reading.

Councilmember Lange moved, seconded by Councilmember Granquist, 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 Lange moved, seconded by Councilmember Granquist, 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. 5667 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. 5667 as required by law.

Public Hearing (CDBG Tourism Development Grant application, Johnson Park improvements)

A public hearing was held to consider submitting a grant application to the Nebraska Department of Economic Development in the amount of $435,000 in CDBG funds for a Tourism Development Grant to make improvements to Johnson Park which will include the removal of architectural barriers. Jan Merrill, Northeast Nebraska Economic Development District, provided information to the Mayor and City Council. The City of Norfolk is requesting $435,000 in CDBG funds for a Tourism Development Grant, of which $400,000 will be used for removal of Architectural Barriers at Johnson Park, which is located at 101 East Nebraska Ave, Norfolk, NE. $10,000 will be used for construction management and $25,000 will be used for administration of the grant. The City of Norfolk will provide the required 25% or $100,000 in matching funds and $31,363 in leverage funds. The total budget for project cost and grant administration is $566,363. The project will benefit low and moderate-income persons by providing accessibility for elderly and severely disabled adults with the construction of ADA restrooms, concrete sidewalks, and a concrete parking lot. No persons or business will be displaced as a result of this project.

No one else appeared either in favor of or in opposition to the grant application, and the Mayor declared the hearing closed. COUNCIL 2020 JUNE15.2020 BK NO 61 Page 5 of 9

Resolution No. 2020-30 (CDBG Tourism Development Grant application, Johnson Park improvements)

Councilmember Wiebelhaus moved, seconded by Councilmember Jackson, for adoption of Resolution No. 2020-30 approving to submit a grant application to the Nebraska Department of Economic Development in the amount of $435,000 in CDBG funds for a Tourism Development Grant to make improvements to Johnson Park which will include removal of architectural barriers.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Resolution No. 2020-30 was adopted.

Regular Agenda Items

Civic and Community Center financing Fund Grant (Johnson Park North Fork River Restoration Project)

Councilmember Merrill moved, seconded by Councilmember Granquist, for approval to accept of a $1,125,000 Civic and Community Center Financing Fund Grant from the Department of Economic Development (DED) to go towards the Johnson Park North Fork River Restoration Project and authorization for the Mayor to sign all contracts and documents related to the grant. City Administrator Andy Colvin provided information to elected officials.

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

Ordinance No. 5664 (Walters’ East Knolls 12th Addition annexation)

Councilmember Lange introduced, seconded by Councilmember Granquist, Ordinance No. 5664 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA, TO ANNEX TO SAID CITY A TRACT OF LAND LYING WHOLLY IN THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, AND A TRACT OF LAND LYING WHOLLY IN THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 13, ALL IN TOWNSHIP 24 NORTH, RANGE 1 WEST OF THE 6TH P.M., MADISON COUNTY, NEBRASKA. REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND TO PROVIDE THAT THIS ORDINANCE SHALL BE PUBLISHED IN PAMPHLET FORM and moved that the ordinance be passed on third 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. 5664 passed on third reading.

Walking and Bicycling Network Plan

Councilmember Pfeil moved, seconded by Councilmember Murren to approve a Walking and Bicycling Network Plan for the City of Norfolk. COUNCIL 2020 JUNE15.2020 BK NO 61 Page 6 of 9

City Engineer Steven Rames discussed the Walking and Bicycling Network Plan for the City of Norfolk, designed by Toole Design. Rames said the plan is an update to the current 2008 trail plan. Rames summarized the key findings based off community input received through a survey and during a public open house, which includes completion of the loop trail system; connection of the Cowboy Trail to Downtown; Enhancement of bicycle and pedestrian facility design; working towards complete streets; developing a wayfinding system; and improving bicycling and walking facilities along Benjamin Avenue.

John Downing, Chair of the Trails Committee, spoke of areas of town where enhanced sidewalk and trail plans have benefitted citizens. Downing said the plan represents a positive future for the City.

Councilmember Clausen expressed concerns over how the sidewalk and trail improvements will be paid for. Clausen has concerns assessing citizens. Rames discussed the Capital Improvements Plan and the County’s involvement with grading on certain projects. Rames further discussed priority locations and interconnectivity and said direction will come from Council if the issue of assessments is raised, but a lot will depend on opportunities for other funding.

Mayor Moenning said the proposed plan allows for good planning practices as it provides a guide and identifies priorities.

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

Ordinance No. 5668 (Paving District No. 518 creation, Walters’ East Knolls 13th Addition)

Councilmember Lange introduced, seconded by Councilmember Granquist, Ordinance No. 5668 entitled: AN ORDINANCE CREATING PAVING DISTRICT NO. 518 IN THE CITY OF NORFOLK, NEBRASKA, ORDERING THE CONSTRUCTION OF STREET IMPROVEMENTS THEREIN AND ORDERING THE PUBLICATION OF THE 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.

Public Works Director Steven Rames provided information to elected officials. Paving District No. 518 provides for street improvements in Walters’ East Knolls 13th Addition. Estimated cost of the paving project is $126,000.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5668 passed on first reading.

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

Ordinance No. 5669 (Sanitary Sewer Extension District No. 253 creation, Walters’ East Knolls 13th Addition)

Councilmember Merrill introduced, seconded by Councilmember Wiebelhaus, Ordinance No. 5669 entitled: AN ORDINANCE CREATING SANITARY SEWER EXTENSION DISTRICT NO. 253 IN THE CITY OF NORFOLK, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF THE DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS; REFERRING TO THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE IN CONNECTION THEREWITH; AND TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, AND TO PROVIDE FOR PUBLICATION OF THIS ORDINANCE and moved that the ordinance be passed on first reading. Said ordinance was then read into the record by title by the City Clerk.

Public Works Director Steven Rames provided information to elected officials. Sanitary Sewer Extension District No. 253 provides for the extension of sanitary sewer in Walters’ East Knolls 13th Addition. Estimated cost of the paving project is $55,000.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5669 passed on first reading.

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

Thereafter Councilmember Granquist 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. 5669 be passed and adopted?”

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. 5669 as required by law.

Ordinance No. 5670 (Water Extension District No. 253 creation, Walters’ East Knolls 13th Addition)

Councilmember Granquist introduced, seconded by Councilmember Lange, Ordinance No. 5670 entitled: AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 125 IN THE CITY OF NORFOLK, NEBRASKA; ESTABLISHING THE OUTER BOUNDARIES OF THE DISTRICT; DESIGNATING THE SIZE, LOCATION AND TERMINAL POINTS; REFERRING TO THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE IN CONNECTION THEREWITH; AND TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT, AND TO PROVIDE FOR PUBLICATION OF THIS ORDINANCE and moved that the ordinance be passed on first reading. Said ordinance was then read into the record by title by the City Clerk.

Public Works Director Steven Rames provided information to elected officials. Water Extension District No. 125 provides for the extension of water in Walters’ East Knolls 13th Addition.

Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson, Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5670 passed on first reading.

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

Thereafter Councilmember Lange 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. 5670 be passed and adopted?"

Regular item (Paving District 518, Sewer District 253, Water District 125) (Plans, Specifications, Engineer’s Estimate, advertise for bids)

Councilmember Merrill moved, seconded by Councilmember Granquist, for approval of the plans, specifications, and engineer's estimate on file in the City offices for Paving District No. COUNCIL 2020 JUNE15.2020 BK NO 61 Page 9 of 9

518, Sanitary Sewer Extension District No. 253, and Water Extension District No. 125 (all in Walters' East Knolls 13th Addition) projects and authorization for the City Clerk to advertise for bids.

Public Works Director Steven Rames provided information to elected officials. These projects include paving, sewer and water improvements in Walters' East Knolls 13th Addition. A bid letting is tentatively scheduled for this summer with Council approval of the lowest responsive and responsible bidder following.

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

Public Comment Period

No comments were received during the public comment period.

There being no further business, the Mayor declared the meeting adjourned at 6:31 p.m.

______Josh Moenning Mayor ATTEST:

______Brianna Duerst 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, June 15, 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

( S E A L )