City Council Special Agenda Packet November 23, 2020 · 2020. 11. 23. · AGENDA NORFOLK SPECIAL...
Transcript of City Council Special Agenda Packet November 23, 2020 · 2020. 11. 23. · AGENDA NORFOLK SPECIAL...
Agenda Packet
NORFOLK SPECIAL CITY COUNCIL MEETING
Monday, November 23, 2020
12:00 p.m.
Created 11/20/2020 12:26 PM
https://norfolkne.gov/Page 1 of 24
right at home.
309 N 5th StreetNorfolk, NE 68701
P402-844-2012 F402-844-2028 www.norfolkne.gov
NOTICE OF SPECIAL CITY COUNCIL MEETING CITY OF NORFOLK, NEBRASKA
NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of
Norfolk, Nebraska, will be held at 12:00 p.m. on Monday, November 23, 2020, in the Council
Chambers, 309 N. 5th St., Norfolk, Nebraska, which meeting will be open to the public.
The Mayor and City Council reserve the right to adjourn into closed session as per Section
84-1410 of the Nebraska Revised Statutes.
An agenda for such meeting, kept continually current, is available at the office of the City
Clerk, City Auditorium, 309 N 5th St, Norfolk Nebraska, during normal business hours.
Individuals requiring physical or sensory accommodations, who desire to attend or participate,
please contact the City Clerk's office at (402) 844-2000 no later than 4:30 p.m. on the Friday
preceding the meeting.
Brianna Duerst
City Clerk Publish (November 20, 2020) 1 P.O.P.
Page 2 of 24
AGENDA NORFOLK SPECIAL CITY COUNCIL MEETING
November 23, 2020 In accordance with Section 84-1412 sub-section eight (8) of the Reissue Revised Statutes of the State of Nebraska 1943, as amended, one copy of all reproducible written material to be discussed is available to the public at this meeting for examination and copying. The Mayor and City Council reserve the right to adjourn into closed session as per Section 84-1410 of the Nebraska Revised Statutes.
CALL TO ORDER 1. 12:00 NOON - call meeting to order
2. Inform the public about the location of the Open Meetings Act posted in the Council Chambers and accessible to members of the public
3. Moment of silence/Pledge of Allegiance to the flag of the United States of America
4. Roll call
RECOMMENDED ACTIONS 5. Approval of consent agenda.
All items in the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or a citizen so requests, in which event the item will be removed from the consent agenda and considered separately.
Motion
6. Approval of full agenda. Motion
CONSENT AGENDA 7. Consideration of approval of the minutes of the November 16, 2020, City
Council meeting. Motion
REGULAR AGENDA 8. Consideration of Emergency Ordinance No. 5707 enacting Chapter 11,
Article IV of the Official City Code, to require individuals to wear facial coverings in the City of Norfolk, provide exceptions thereof, provide for the enforcement for violations and to establish a sunset provision.
Em. Ord. No. 5707
Page 3 of 24
right at home.
309 N 5th StreetNorfolk, NE 68701
P402-844-2012 F402-844-2028 www.norfolkne.gov
STAFF MEMORANDUM NORFOLK SPECIAL CITY COUNCIL MEETING
November 23, 2020
CALL TO ORDER 1. 12:00 NOON - call meeting to order
See Enclosure 1.
2. Inform the public about the location of the Open Meetings Act posted in the Council Chambers and accessible to members of the public
3. Moment of silence/Pledge of Allegiance to the flag of the United States of America
4. Roll call
RECOMMENDED ACTIONS 5. Approval of consent agenda.
All items in the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or a citizen so requests, in which event the item will be removed from the consent agenda and considered separately.
Motion
6. Approval of full agenda. Motion
CONSENT AGENDA 7. Consideration of approval of the minutes of the November 16, 2020, City
Council meeting. Motion
See Enclosure 7.
REGULAR AGENDA 8. Consideration of Emergency Ordinance No. 5707 enacting Chapter 11,
Article IV of the Official City Code, to require individuals to wear facial coverings in the City of Norfolk, provide exceptions thereof, provide for the enforcement for violations and to establish a sunset provision.
Em. Ord. No. 5707
See Enclosure 8.
Page 4 of 24
City of 309 N sti' Street■ Norfolk, NE 68701-4092
P402-844-2000 F402-844-2001
right at home. www.norfolkne.gov
MEMO
To: City Council Members
From: Josh Moenning, Mayor
Date: November 19, 2020
Re; Special City Council Meeting
Per Section 2-16.1 of City Code, I am calling a special meeting of the CityCouncil to be held Monday, November 23, 2020 at 12:00 p.m. in theCouncil Chambers, 309 N 5th Street. The purpose of the meeting is todiscuss the immediate issuance of an emergency ordinance related torequiring facial coverings in the City of Norfolk.
cc: City AdministratorCity ClerkCity Attorney
11/23/2020 Enclosure 1Page 5 of 24
~
Cit yo! NorfOlk right at home.
MEMO
To: City Council Members
From: Josh Moenning, Mayor
Date: November 19,2020
Re: Special City Counci l Meeting
309 N 5th Street Norfolk, NE 68701-4092
P402-844-2000 F402-844-2001 www.norfolkne.gov
Per Section 2-1 6 .1 of City Code, [ am calling a special meeting of the City Council to be held Monday, November 23,2020 at 12:00 p.m. in the Counci l Chambers, 309 N 5th Street. The purpose of the meeting is to
di scuss the immediate issuance of an emergency ordinance related to requiring facial coverings in the City of Norfolk.
cc : City Adm ini strator City Clerk City Attorney
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 16th day of November, 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 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. 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 November 2, 2020, City Council meeting
Keno comparison report for October 2020
11/23/2020 Enclosure 7Page 6 of 24
Advertise for bids for the boiler replacement at the Police Department
Air Methods Corporation agreement allowing access to the City's 800 MHz radio system
Jared M. Lechner and Brittney L. Lechner Sewer Connection Agreement providing for
connection to the City of Norfolk's sanitary sewer system
William L. Short Sewer Connection Agreement providing for connection to the City of Norfolk's
sanitary sewer system
Affordable Housing Trust Fund Single-Family Housing Rental Rehabilitation Program
Guidelines for assisting property owners renting to low-to-moderate income persons in
improving the health and safety of their living conditions through housing rehabilitation
Forward no recommendation to the Nebraska Liquor Control Commission on the Manager
Application of Pat J. Doering in connection with the Class B liquor license of Love's Travel
Stops & Country Stores, Inc., dba Love's Travel Stop #680, 1300 West Monroe Avenue
Consent and Crossing Agreement with NuStar Pipeline Operating Partnership L.P., Greater
Norfolk Economic Development Foundation, Inc., for the construction and maintenance of a 10-
inch water and sewer line along or across the existing pipeline
Special Designated Liquor License for Midtown Events, LLC, to serve beer, wine and distilled
spirits at 1102 Riverside Boulevard on Friday, January 15, 2021 from 9:00 a.m. to 2:00 a.m.;
Saturday, January 16, 2021 from 9:00 a.m. to 2:00 a.m.; and Sunday, January 17, 2021 from 9:00
a.m. to 2:00 a.m. for a wedding reception
Resolution No. 2020-58 Consenting to a Transfer of Control of Franchise for ALLO
Communications LLC
Bills in the amount of $3,865,980.66
Special Presentations
The Mayor read a proclamation encouraging the use of face shield/coverings or cloth face masks
to help slow the spread of COVID-19.
Public Hearings and Related Items
Public Hearing
(Water Extension District No. 123 and Sanitary Sewer Extension District No. 252)
(South Victory Road)
Public hearings were held simultaneously for the Mayor and City Council to sit as a Board of
Equalization to levy special assessments for Water Extension District No. 123 and Sanitary
Sewer Extension District No. 252 (both for South Victory Road).
11/23/2020 Enclosure 7Page 7 of 24
Councilmember Lange moved, seconded by Councilmember Merrill to adjourn as Mayor and
City Council and convene as a Board of Equalization to hear and equalize special assessments
for Water Extension District No. 123 and Sanitary Sewer Extension District No. 252 (both for
South Victory Road).
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson,
Clausen and Pfeil. Nays: None. Absent: None. Motion carried.
City Engineer Steven Rames provided information to the Mayor and City Council. Water
Extension District No. 123 (South Victory Road) property costs are allocated according to
previously established methods of $305,958.22 Assessable, $61,572.23 Oversized Costs, and
$135,000 City Contribution. Rames said there are 28 parcels in the assessment district and
contact was made with all but two property owners. The unsubsidized cost of the extension was
$58.45 per linear foot. Residential property owners that received the subsidy were assessed at
$31.79 per linear foot.
Sanitary Sewer Extension District No. 252 (South Victory Road) property costs are allocated
according to previously established methods of $245,577.51 Assessable, $172,623.22, Oversized
Costs, and $135,000.00 City Contribution. Rames said there are 28 parcels in the assessment
district and contact was made with all but two property owners. The unsubsidized cost of the
extension was $50.45 per linear foot. Residential property owners that received the subsidy were
assessed at $23.78 per linear foot.
Councilmember Clausen confirmed with Rames that property owners are not required to connect
until their well or septic system fails.
No one appeared either in favor of or in opposition to levying the special assessments and the
Mayor declared the hearings closed.
Councilmember Merrill moved, seconded by Councilmember Lange to adjourn as a Board of
Equalization and reconvene as Mayor and City Council.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson,
Clausen and Pfeil. Nays: None. Absent: None. Motion carried.
Ordinance No. 5701
(levy special assessments, Water District No. 123)
(South Victory Road)
Councilmember Lange introduced, seconded by Councilmember Jackson, Ordinance No. 123
entitled: AN ORDINANCE LEVYING SPECIAL ASSESSMENTS UPON THE LOTS,
PARTS OF LOTS, LANDS AND REAL ESTATE ABUTTING UPON AND ADJACENT TO
AND SPECIALLY BENEFITED BY THE IMPROVEMENTS IN WATER EXTENSION
DISTRICT NO. 123 OF THE CITY OF NORFOLK, NEBRASKA, TO DEFRAY THE COST
OF SAID IMPROVEMENTS; AND TO PROVIDE FOR THE PUBLICATION OF THIS
11/23/2020 Enclosure 7Page 8 of 24
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, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. Absent: None. Motion carried. Ordinance No. 123 passed on first
reading.
Councilmember Lange moved, seconded by Councilmember Merrill, that the statutory rule
requiring reading on three different days be suspended.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. 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 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. 123 be passed and
adopted?"
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. 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. 123 as required by law.
Ordinance No. 5702
(levy special assessments, Sanitary Sewer Extension District No. 252)
(South Victory Road)
Councilmember Merrill introduced, seconded by Councilmember Jackson, Ordinance No. 252
entitled: AN ORDINANCE LEVYING SPECIAL ASSESSMENTS UPON THE LOTS,
PARTS OF LOTS, LANDS AND REAL ESTATE ABUTTING UPON AND ADJACENT TO
AND SPECIALLY BENEFITED BY THE IMPROVEMENTS IN SANITARY SEWER
EXTENSION DISTRICT NO. 252 OF THE CITY OF NORFOLK, NEBRASKA, TO DEFRAY
THE COST OF SAID IMPROVEMENTS; 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.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. Absent: None. Motion carried. Ordinance No. 252 passed on first
reading.
Councilmember Lange moved, seconded by Councilmember Merrill, that the statutory rule
requiring reading on three different days be suspended.
11/23/2020 Enclosure 7Page 9 of 24
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. 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 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. 252 be passed and
adopted?"
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. 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. 252 as required by law.
Public Hearing
(Water Extension District No. 122, Northeast Industrial Water Main, Highway 35)
A public hearing was held for the Mayor and City Council to sit as a Board of Equalization to
levy special assessments for Water Extension District No. 122 (Northeast Industrial Water Main,
Highway 35).
Councilmember Merrill moved, seconded by Councilmember Lange to adjourn as Mayor and
City Council and convene as a Board of Equalization to hear and equalize special assessments
for Water Extension District No. 122, Northeast Industrial Water Main, Highway 35.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson,
Clausen and Pfeil. Nays: None. Absent: None. Motion carried.
City Engineer Steven Rames provided information to the Mayor and City Council. Water
Extension District No. 122 (Northeast Industrial Water Main, Highway 35) property costs are
allocated according to previously established methods of $243,102.94 Assessable and
$327,567.77 Oversized Costs. Rames said there are four parcels in the assessment district. The
assessment were calculated using the linear frontage and area of the properties.
Councilmember Wiebelhaus asked if any of the parcels were in Agricultural deferral and if the
properties were required to hook up to city water services. Rames said there are no parcels
qualifying for Agricultural deferral in this district and hookup is only required upon failure of the
current water system.
No one appeared either in favor of or in opposition to levying the special assessments and the
Mayor declared the hearing closed.
11/23/2020 Enclosure 7Page 10 of 24
Councilmember Merrill moved, seconded by Councilmember Pfeil to adjourn as a Board of
Equalization and reconvene as Mayor and City Council.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson,
Clausen and Pfeil. Nays: None. Absent: None. Motion carried.
Ordinance No. 5703
(Water Extension District No. 122, Northeast Industrial Water Main, Highway 35)
Councilmember Lange introduced, seconded by Councilmember Granquist, Ordinance No. 5703
entitled: AN ORDINANCE LEVYING SPECIAL ASSESSMENTS UPON THE LOTS,
PARTS OF LOTS, LANDS AND REAL ESTATE ABUTTING UPON AND ADJACENT TO
AND SPECIALLY BENEFITED BY THE IMPROVEMENTS IN WATER EXTENSION
DISTRICT NO. 122 OF THE CITY OF NORFOLK, NEBRASKA, TO DEFRAY THE COST
OF SAID IMPROVEMENTS; 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.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. Absent: None. Motion carried. Ordinance No. 5703 passed on first
reading.
Councilmember Lange moved, seconded by Councilmember Merrill, that the statutory rule
requiring reading on three different days be suspended.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. 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 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. 5703 be passed and
adopted?"
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Murren, Jackson and Pfeil. Nays:
Wiebelhaus and Clausen. 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. 5703 as required by law.
Public Hearings
(levy special assessments)
(Sewer Extension District No. 251, Northeast Industrial Sanitary Sewer Extension, Phase II)
(Water Extension District No. 121, Northeast Industrial Water Main, Eisenhower)
11/23/2020 Enclosure 7Page 11 of 24
Public hearings were held simultaneously for the Mayor and City Council to sit as a Board of
Equalization to levy special assessments for Sanitary Sewer Extension District No. 251
(Northeast Industrial Sanitary Water Main, Eisenhower) and Water Extension District No. 121
(Northeast Industrial Sanitary Sewer Extension, Phase II).
Councilmember Jackson moved, seconded by Councilmember Murren to adjourn as Mayor and
City Council and convene as a Board of Equalization to hear and equalize special assessments
for Sanitary Sewer Extension District No. 251 (Northeast Industrial Sanitary Water Main,
Eisenhower) and Water Extension District No. 121 (Northeast Industrial Sanitary Sewer
Extension, Phase II).
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson,
Clausen and Pfeil. Nays: None. Absent: None. Motion carried.
City Engineer Steven Rames provided information to the Mayor and City Council. Sanitary
Sewer Extension District No. 251 (Northeast Industrial Sanitary Sewer Extension, Phase II)
property costs are allocated according to previously established methods of $1,328,591.47
Assessable and $799,961.36 Oversized Costs. Rames said there are 13 parcels in the assessment
district and all property owners were contacted. The assessments were calculated using the linear
frontage and area of the properties.
Water Extension District No. 121 (South Victory Road) property costs are allocated according to
previously established methods of $1,340,968.40 Assessable, $118,504.40 Nucor Private Line
Costs, and $891,580.92 Oversized Costs. Rames said there are 15 parcels in the assessment
district. The assessments were calculated using the linear frontage and area of the properties.
Joe Gillespie, Elkhorn Valley Ethanol, spoke in opposition of the assessments. Gillespie
indicated contact was made to the company’s legal team and the information was not passed on.
As such, there has not been opportunity for the company to review the proposed assessments and
Gillespie requested no action be taken on the special assessments until after their objections are
further discussed, adjustments to the assessment are mad and an additional public hearing is had.
Rames discussed the assessment process and communication had with property owners.
Councilmember Wiebelhaus asked if there were any parcels in Agricultural deferral. Rames
explained that three parcels in Water District No. 121 qualify for Agricultural deferral. These
properties will be assessed once the they are no longer used for agricultural purposes or rezoned
to something other than Agricultural.
No one appeared either in favor of or in opposition to levying the special assessments and the
Mayor declared the hearings closed.
Councilmember Merrill moved, seconded by Councilmember Pfeil to adjourn as a Board of
Equalization and reconvene as Mayor and City Council.
11/23/2020 Enclosure 7Page 12 of 24
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson,
Clausen and Pfeil. Nays: None. Absent: None. Motion carried.
Ordinance No. 5704
(levy special assessments)
(Sanitary Sewer Extension District No. 251, Northeast Industrial Sanitary Sewer Phase II)
Councilmember Merrill introduced, seconded by Councilmember Jackson, Ordinance No. 5704
entitled: AN ORDINANCE LEVYING SPECIAL ASSESSMENTS UPON THE LOTS,
PARTS OF LOTS, LANDS AND REAL ESTATE ABUTTING UPON AND ADJACENT TO
AND SPECIALLY BENEFITED BY THE IMPROVEMENTS IN SANITARY SEWER
EXTENSION DISTRICT NO. 251 OF THE CITY OF NORFOLK, NEBRASKA, TO DEFRAY
THE COST OF SAID IMPROVEMENTS; 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.
Councilmember Pfeil declared a conflict of interest and abstained from discussion and voting.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren and Jackson.
Nays: Clausen. Absent: None. Abstaining: Pfeil. Motion carried. Ordinance No. 5704 passed
on first reading.
Councilmember Lange moved, seconded by Councilmember Merrill, that the statutory rule
requiring reading on three different days be suspended.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren and Jackson.
Nays: Clausen. Absent: None. Abstaining: Pfeil. 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 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. 5704 be passed and
adopted?"
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren and Jackson.
Nays: Clausen. Absent: None. Abstaining: Pfeil. 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. 5704 as required by law.
Ordinance No. 5705
(levy special assessments)
(Water Extension District No. 121, Northeast Industrial Water Main, Eisenhower)
11/23/2020 Enclosure 7Page 13 of 24
Councilmember Lange introduced, seconded by Councilmember Jackson, Ordinance No. 5705
entitled: AN ORDINANCE LEVYING SPECIAL ASSESSMENTS UPON THE LOTS,
PARTS OF LOTS, LANDS AND REAL ESTATE ABUTTING UPON AND ADJACENT TO
AND SPECIALLY BENEFITED BY THE IMPROVEMENTS IN WATER EXTENSION
DISTRICT NO. 121 OF THE CITY OF NORFOLK, NEBRASKA, TO DEFRAY THE COST
OF SAID IMPROVEMENTS; 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.
Councilmember Pfeil declared a conflict of interest and abstained from discussion and voting.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren and Jackson.
Nays: Clausen. Absent: None. Abstaining: Pfeil. Motion carried. Ordinance No. 5705 passed
on first reading.
Councilmember Lange moved, seconded by Councilmember Merrill, that the statutory rule
requiring reading on three different days be suspended.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren and Jackson.
Nays: Clausen. Absent: None. Abstaining: Pfeil. 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 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. 5705 be passed and
adopted?"
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren and Jackson.
Nays: Clausen. Absent: None. Abstaining: Pfeil. 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. 5705 as required by law.
Regular Agenda Items
Ordinance No. 5695
(amend City Code Section 2-5, fees)
Councilmember Lange introduced, seconded by Councilmember Jackson, Ordinance No. 5695
entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO AMEND
SECTION 2-5 OF THE OFFICIAL CITY CODE TO UPDATE BUILDING, ELECTRICAL,
MECHANICAL AND PLUMBING PERMIT AND REGISTRATION FEES; TO UPDATE
FEES FOR APPEAL OF A DECISION OF A CODE OFFICIAL; TO UPDATE MUNICIPAL
SOLID WASTE RATES AND TRANSFER STATION OPERATING FEE; TO UPDATE
11/23/2020 Enclosure 7Page 14 of 24
WATER, SEWER, AND WASTEWATER TREATMENT RATES AND FEES; TO REMOVE
DUPLICATE LISTING OF POLICE TOWING AND STORAGE FEES; 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 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 and
Pfeil. Nays: Clausen. Absent: None. Motion carried. Ordinance No. 5695 passed on third
reading.
Ordinance No. 5700
(create Water Extension District No. 124)
(south along U.S. Highway 81 to Sherwood Road)
Councilmember Wiebelhaus introduced, seconded by Councilmember Pfeil, Ordinance No. 5700
entitled: AN ORDINANCE CREATING WATER EXTENSION DISTRICT NO. 124 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 second reading. Said ordinance was
then read into the record by title by the City Clerk.
Councilmember Murren declared a conflict of interest and abstained from discussion and voting.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Jackson, Clausen and
Pfeil. Nays: None. Abstaining: Murren. Absent: None. Motion carried. Ordinance No. 5700
passed on second reading.
Thereafter Councilmember Merrill moved, seconded by Councilmember Lange, 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. 5700 be passed and
adopted?"
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Jackson, Clausen and
Pfeil. Nays: None. Absent: None. Abstaining: Murren. 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. 5700 as required by law.
Ordinance No. 5706
(parking restrictions, Braasch Avenue, 1st Street to 5th Street)
11/23/2020 Enclosure 7Page 15 of 24
Councilmember Wiebelhaus introduced, seconded by Councilmember Murren, Ordinance No.
5706 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO AMEND
SECTIONS 24-164, 24-165, AND 24-165.2 OF THE OFFICIAL CITY CODE TO UPDATE
PARKING RESTRICTIONS ON BRAASCH AVENUE BETWEEN 1ST STREET AND 5TH
STREET TO COINCIDE WITH THE RECONSTRUCTION OF BRAASCH AVENUE; 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.
Police Chief Don Miller provided information to elected officials. Braasch Avenue from 1st
Street to 5th Street has been reconstructed and opened November 16, 2020. The reconstruction
consisted of significant changes to the on street parking design and availability. This proposed
ordinance maintains the current rules and regulations that have been in effect for the downtown
area, but updates the descriptions of the parking areas to match the new design of the roadway.
Roll call: Ayes: Councilmembers Granquist, Lange, Merrill, Wiebelhaus, Murren, Jackson,
Clausen and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5706 passed
on first reading.
Councilmember Wiebelhaus moved, seconded by Councilmember Murren, 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 Murren, 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. 5706 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. 5706 as required by law.
There being no further business, the Mayor declared the meeting adjourned at 6:35 p.m.
_____________________________
Josh Moenning
Mayor
ATTEST:
11/23/2020 Enclosure 7Page 16 of 24
__________________________
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, November 16, 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 )
11/23/2020 Enclosure 7Page 17 of 24
EMERGENCY ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO ENACT
CHAPTER 11, ARTICLE IV OF THE OFFICIAL CITY CODE ENTITLED "PREVENTION
OF COVID-19"; TO PROVIDE LEGISLATIVE FINDINGS AND INTENT; TO REQUIRE
INDIVIDUALS TO WEAR FACIAL COVERINGS AND EXCEPTIONS THEREOF; TO
PROVIDE FOR THE ENFORCEMENT OF VIOLATIONS AND PENALTIES; TO
ESTABLISH A SUNSET PROVISION; TO PROVIDE WHEN THIS ORDINANCE SHALL
BE IN FULL FORCE AND EFFECT; AND TO PROVIDE FOR THE PUBLICATION OF THIS
ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
NORFOLK, NEBRASKA:
Section 1. That as a result of Novel Coronavirus (COVID-19) pandemic and with an
increased number of confirmed COVID-19 cases within the city limits of the City of Norfolk
and the closing of numerous city and private facilities, an emergency exists authorizing action
by the city. This ordinance seeks to impose a nonpharmaceutical intervention to combat the
spread of COVID-19 and to halt the progression thereof.
Section 2. That Chapter 11, Article IV of the Official City Code be and the same is
hereby enacted to read as follows:
Chapter 11
HEALTH AND SANITATION
ARTICLE IV. PREVENTION OF COVID-19
Sec. 11-61. Legislative findings and intent.
(a) The council hereby finds and declares, based upon the scientific and medical
evidence before it, that:
11/23/2020 Enclosure 8
5707
Page 18 of 24
2
(1) the Novel Coronavirus (COVID-19) has impacted and continues to dramatically
impact the citizens of the city; and
(2) an exposure to COVID-19 presents a risk of death or serious long-term disability; the exposure is widespread and poses significant risk of harm, including death, to people in the general population of the city; there is a particular subset of the population that is more vulnerable to the threat and thus at an increased risk; and the threat is from a novel infectious disease; and
(3) information from the World Health Organization, the Centers for Disease Control and Prevention, Nebraska Department of Health and Human Services, the Elkhorn Logan Valley Public Health Department, local public health departments throughout Nebraska, and members of the City of Norfolk and Madison County medical community indicate that citizens of the city have been and will continue to be exposed due to community transmissions of COVID-19; and
(4) the manner in which the spread of COVID-19 cases in the city has occurred
creates an unacceptable risk to the health, safety, and welfare of the citizens of the city; and
(5) the number of COVID-19 infections within the city continues to increase; and
(6) COVID-19 constitutes a public nuisance and a threat to the health, safety, and
welfare of the city; and
(7) The Director of the United States Centers for Disease Control and Prevention (CDC), the medical advisor for the city, doctors and infectious disease experts from the University of Nebraska Medical Center and Nebraska Medicine, have concluded that the wearing of face coverings by every individual while in public is one of the best methods to slow and stop the spread of COVID-19; and
(8) the wearing of face coverings by every individual while indoors in public places in
the city will reduce community transmissions of COVID-19, resulting in fewer deaths, serious health complications, and will ease the strain on hospitals and other medical offices and facilities; and
(9) the wearing of face coverings by every individual while indoors in public places in
the city will help keep businesses open and operating, encouraging economic growth, and preventing prolonged economic harm; and
(10) it is just and proper for the council to exercise the authority granted to it by
Nebraska statutes in furtherance of protecting the public health, safety, and welfare.
11/23/2020 Enclosure 8Page 19 of 24
3
Sec. 11-62. Definitions.
For purposes of this Article, the following terms are defined as follows: Face covering: A face covering is defined as a covering which, when worn properly,
must cover the nose and mouth completely and can include a paper or disposable face mask, a cloth face mask, a scarf, a bandanna, a neck gaiter, or a religious face covering. Medical-grade masks and respirators are sufficient face coverings, but to preserve adequate supplies, their purchase and use is discouraged for those who do not work in a health care setting or in other occupations that require medical-grade personal protective equipment. Masks that incorporate a valve designed to facilitate easy exhaling, mesh masks, or masks with openings, holes, visible gaps in the design or material, or vents are not sufficient face coverings because they allow exhaled droplets to be released into the air.
Premises that are open to the general public: Premises that are open to the general public are broadly defined to include entities that employ or engage workers, including private-sector entities, public-sector entities, nonprofit entities, regular commercial or business establishments private clubs religious centers or buildings public transportation (including buses, taxis, ride-sharing vehicles, or vehicles used for business purposes), and any place which is generally open to the public, including educational institutions and daycare facilities.
Sec. 11-63. Individual facial coverings required.
All individuals age five and older shall wear a face covering over their mouth and nose
while indoors in a premises that is open to the general public including, but not limited to, educational institutions, unless the individual maintains a minimum of six feet of separation or social distance at all times from anyone who is not a member of the individual's household, except face coverings will not be required if the individual:
(1) is seeking federal, state, or county services; or
(2) is seated at a bar, restaurant, or their seat at an arena to eat or drink, or while
immediately consuming food or beverages; or
(3) is engaged in an occupation preventing the wearing of a face covering; or
(4) is obtaining a service or purchasing goods or services that requires the temporary removal of the face covering; or
(5) is asked to remove a face covering to verify an identity for lawful purposes; or
(6) is providing a speech, lecture, or broadcast to an audience so long as six feet of
distancing from other individuals is maintained; or
11/23/2020 Enclosure 8Page 20 of 24
4
(7) cannot otherwise wear a face covering because of a medical condition, a mental health condition, or a disability that makes it unreasonable for the individual to wear a face covering.
Nothing in this section shall prohibit the owner or person in charge of a premises that is
open to the general public from requiring an individual to wear a face covering during any of the circumstances enumerated above or from implementing a more restrictive face covering policy.
Sec. 11-64. Premises that are open to the public – duty to require facial coverings.
Any individual or entity which maintains premises that are open to the general public
including, but not limited to, educational institutions, shall require all individuals age five and older to wear a face covering over their mouth and nose while indoors in said premises, unless the individual maintains a minimum of six feet of separation or social distance at all times from anyone who is not a member of the individual's household, except face coverings will not be required if the individual:
(1) is seeking federal, state or county services; or (2) is seated at a bar or restaurant to eat or drink, or while immediately consuming
food or beverages; or (3) is engaged in an occupation preventing the wearing of a face covering; or (4) is obtaining a service or purchasing goods or services that requires the temporary
removal of the face covering; or (5) is asked to remove a face covering to verify an identity for lawful purposes; or (6) is providing a speech, lecture, or broadcast to an audience so long as six feet of
distancing from other individuals is maintained; or (7) cannot otherwise wear a face covering because of a medical condition, a mental
health condition, or a disability that makes it unreasonable for the individual to wear a face covering.
Nothing in this section shall prohibit the owner or person in charge of a premises that is
open to the general public from requiring an individual to wear a face covering during any of the circumstances enumerated above or from implementing a more restrictive face covering policy.
Sec. 11-65. Notice of face covering requirements.
Any individual or entity which maintains premises that are open to the general public,
including but not limited to educational institutions, must post one or more signs that are visible
11/23/2020 Enclosure 8Page 21 of 24
5
to all persons — including workers, customers, and visitors instructing them to wear face coverings as required by this Article.
Sec. 11-66. Exceptions.
The provisions of this Article shall not apply to: (1) Courts of law; public utilities or federal, state, county, or city operations; medical
providers, facilities, or pharmacies; congregate living centers or facilities; group homes and residential drug and/or mental health treatment facilities; shelters; airport travel; election offices; polling places on an election day; or to residential dwelling units.
(2) Children under the age of five. While children ages three and four may wear a
face covering if that child can remove the face covering without assistance, guidance from the CDC states that children two years old and under should never wear a face covering due to the risk of suffocation.
(3) Federal and state activities. Nothing in this Article shall be construed to limit,
prohibit, or restrict in any way the operations of the federal or state government or the movement of federal or state officials in the city while acting in their official capacity, including federal and state judicial, legislative, and executive staff and personnel.
(4) Individuals at their workplace when wearing a face covering would create a job
hazard for the individual or others as determined by federal, state, or local regulators or workplace safety and health standards and guidelines.
(5) Individuals who are alone in an office, room, a vehicle, the cab of heavy
equipment or machinery, or an enclosed work area. In such situations, the individual should still carry a face covering to be prepared for person-to-person interactions and to be used when the individual is no longer alone.
(6) Individuals who are seated at a desk or standing at a stationary workstation,
provided that the desk or workstation has a solid Plexiglas or plastic barrier installed upon it which cannot be moved.
(7) Individuals who are officiating at a religious service. (8) Individuals communicating with other individuals who are deaf or hard of hearing
or who have a disability, medical condition, or mental health condition that makes communication with that individual while wearing a face covering difficult, provided that minimum social distancing of six feet or more is maintained to the extent possible between persons who are not members of the same household.
11/23/2020 Enclosure 8Page 22 of 24
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(9) Individuals who are engaged in activities, such as swimming or showering, where the face covering will get wet.
(10) Individuals who are exercising in an indoor business or indoor space such as a
gym or fitness center, while the level of exertion makes it difficult to wear a face covering, provided that minimum social distancing of six feet or more is maintained at all times.
(11) Individuals in an indoor premises that is generally open to the public while
playing a musical instrument that cannot be played when a face covering is worn, provided that a minimum social distancing of six feet or more is maintained at all times.
(12) Public safety workers actively engaged in a public safety role, including but not
limited to law enforcement personnel, fire fighters, or emergency medical personnel, in situations where wearing a face covering would seriously interfere in the performance of the individual's public safety responsibilities.
(13) Participants in a sporting event, but only while they are playing the game, if the
school or sponsoring organization does not require facial coverings, however, spectators, coaches, and non-participants would be required to wear facial coverings.
Sec. 11-67. Public nuisance declared.
Any individual or entity which maintains premises that are open to the general public who
fails to comply with the requirements of Sec. 11-64 is hereby declared to be a nuisance and a danger to the public health, safety, and welfare.
Sec. 11-68. Application.
The provisions of this Article shall only apply to all persons and property within the
corporate limits of the city and shall not extend into the two-mile extraterritorial jurisdiction of the city.
Sec. 11-69. Penalty.
Any individual or person who is found to have violated any of the provisions of this
Article shall be guilty of an infraction for each offense and shall be subjected to a fine of $25 for the initial offense. Each instance of violation of this Article may be considered to be a separate offense.
11/23/2020 Enclosure 8Page 23 of 24
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Sec. 11-70. Civil abatement.
In addition to any other penalty sought or obtained under this Article or other applicable
law, the city attorney may institute injunctive or other appropriate civil proceedings necessary to obtain compliance with this Article or to abate any nuisance resulting from violations of this Article.
Sec. 11-71. Sunset provision.
The requirements imposed by this Article shall expire and terminate at 11:59 p.m. on February 16, 2021, or earlier as decided by the council in consultation and coordination with the medical community, or may otherwise be extended by ordinance of the council.
Section 3. The sections, subsections, paragraphs, sentences, clauses, and phrases of this
Ordinance are severable, and if any section, subsection, paragraph, sentence, clause, or phrase of
this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid judgment
or decree of a court of competent jurisdiction, such invalidity, unenforceability, or
unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs,
sentences, clauses, or phrases of this Ordinance.
Section 4. This Ordinance, being emergency in nature, shall be in full force and take
effect three (3) days from and after the date of its passage.
Section 5. That this Ordinance shall be published in pamphlet form as required by law.
PASSED AND APPROVED this ________ day of November, 2020. ATTEST: ___________________________________ Josh Moenning, Mayor ______________________________ Brianna Duerst, City Clerk Approved as to form: _______________________________ Danielle Myers-Noelle, City Attorney
11/23/2020 Enclosure 8Page 24 of 24