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/ of 24

https://norfolkne.gov/

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.

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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

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right at home.

309 N 5th StreetNorfolk, NE 68701


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.

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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 1 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


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 7 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 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.



Ordinance No. 5701

(levy special assessments, Water District No. 123)


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 7 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.


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?"


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)


Councilmember Merrill introduced, seconded by Councilmember Jackson, Ordinance No. 252



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.



reading.



11/23/2020 Enclosure 7 of 24








adopted?"







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


for Water Extension District No. 122, Northeast Industrial Water Main, Highway 35.



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.


Mayor declared the hearing closed.

11/23/2020 Enclosure 7 of 24

Councilmember Merrill moved, seconded by Councilmember Pfeil to adjourn as a Board of




Ordinance No. 5703

(Water Extension District No. 122, Northeast Industrial Water Main, Highway 35)

Councilmember Lange introduced, seconded by Councilmember Granquist, Ordinance No. 5703










reading.










adopted?"







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 7 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


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).



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.


Mayor declared the hearings closed.

Councilmember Merrill moved, seconded by Councilmember Pfeil to adjourn as a Board of


11/23/2020 Enclosure 7 of 24



Ordinance No. 5704


(Sanitary Sewer Extension District No. 251, Northeast Industrial Sanitary Sewer Phase II)

Councilmember Merrill introduced, seconded by Councilmember Jackson, Ordinance No. 5704



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.




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.




adopted?"


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


(Water Extension District No. 121, Northeast Industrial Water Main, Eisenhower)

11/23/2020 Enclosure 7 of 24









Councilmember Pfeil declared a conflict of interest and abstained from discussion and voting.


Nays: Clausen. Absent: None. Abstaining: Pfeil. Motion carried. Ordinance No. 5705 passed

on first reading.




Nays: Clausen. Absent: None. Abstaining: Pfeil. Motion carried. The motion to suspend the






adopted?"


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)


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 7 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



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 7 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.


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



Clausen and Pfeil. Nays: None. Absent: None. Motion carried. The motion to suspend the



Thereafter Councilmember Wiebelhaus moved, seconded by Councilmember Murren, that the



adopted?"


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




There being no further business, the Mayor declared the meeting adjourned at 6:35 p.m.

_____________________________

Josh Moenning

Mayor

ATTEST:

11/23/2020 Enclosure 7 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 7 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

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.

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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

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(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

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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.

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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.

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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

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