City Council Agenda Packet May 03, 2010

Agenda Packet

NORFOLK CITY COUNCIL MEETING

Monday, May 03, 2010 5:30 p.m.

Created 4/29/2010 10:21 AM

https://norfolkne.gov/ Page 1 of 69 City of Norfolk Elizabeth A. Deck Email Address: [email protected] 127 North First Street City Clerk (402) 844-2000 Fax: (402) 844-2001 Norfolk, Nebraska 68701

NOTICE OF MEETING CITY OF NORFOLK, NEBRASKA

NOTICE IS HEREBY GIVEN that a meeting of the City Council of the City of Norfolk, Nebraska, will be held at 5:30 p.m. on Monday, May 03, 2010, in the Council Chambers, 309 W. Madison Avenue, Norfolk, Nebraska, which meeting will be open to the public. The Mayor and City Council reserve the right to adjourn into executive 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, 127 North 1st Street, 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.

Elizabeth A. Deck City Clerk Publish (April 30, 2010) 1 P.O.P.

Page 2 of 69 AGENDA NORFOLK CITY COUNCIL MEETING May 03, 2010 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 executive session as per Section 84-1410 of the Nebraska Revised Statutes.

CALL TO ORDER 1. 5:30 p.m. - 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. Motion 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. 6. Approval of full agenda. Motion

CONSENT AGENDA 7. Consideration of approval of the minutes of the April 19, 2010, City Council Motion meeting. 8. Consideration of approval of the minutes of the April 26, 2010 City Council Motion Work Session meeting. 9. Consideration of City Council approval of the plans, specifications, and Motion engineer’s estimate on file in the City Clerk’s office for Concrete Improvements 2010-1 project and authorization for the City Clerk to advertise for bids. 10. Consideration of approval of a request for Norfolk Catholic Parish Festival, Motion to hold a fireworks display on Saturday, August 21, 2010 in conjunction with the "Fun in the Sun" Parish Festival.

Page 3 of 69 - 2 -

11. Consideration of approval of an agreement between the City and Norfolk Motion Titans Baseball Program for use of the softball facility in Ta-Ha-Zouka park to hold a baseball tournament May 22 and May 23, 2010, for a fee of $50. 12. Consideration of approval of a Special Designated Liquor License requested Motion by American Legion Post 16 for a dance/beer garden in the parking lot at 1305 Riverside Boulevard on June 19, 2010 from 12:00 p.m. to 1:00 a.m. 13. Consideration of approval of a Special Designated Liquor License for Motion Norfolk Softball Association to serve beer in an outdoor beer garden at 3rd Street and Norfolk Avenue on June 12, 2010 in conjunction with the Great Plains Chicken, Rods & Ribs event. 14. Consideration of approval of a Special Designated Liquor License for Hy- Motion Vee Inc., dba Hy-Vee #2, 2107 Taylor Avenue, to serve wine on June 15, 2010 at the Norfolk Arts Center, 305 North 5th Street, from 6:30 p.m. to 9:30 p.m. for a sampling/tasting event. 15. Consideration of changing the Facade Improvement Program, funded with a Motion portion of the City's Community Revitalization Grants over the next three years, from a loan program to a forgivable loan (grant) program. 16. Consideration of approval of all bills on file. Motion

SPECIAL PRESENTATIONS 17. Proclamation for May 15, 2010 as "Poppy Day" for the American Legion Auxiliary. 18. Proclamation for the week of May 9 - 15, 2010 as, "Parents Who Host, Lose The Most: Don't be a party to teenage drinking."

REGULAR AGENDA 19. Consideration of the Vehicle Parking District's request to form a Business Motion Improvement District with the same boundaries as the Vehicle Parking District funded by special assessments levied against real property in the district based on the assessed valuation of both the real property and personal property located thereon.

ADMINISTRATIVE REPORTS 20. Black & Veatch presentation of Southwest Interceptor Study.

Page 4 of 69 City of Norfolk 127 North First Street Norfolk, Nebraska 68701

STAFF MEMORANDUM NORFOLK CITY COUNCIL MEETING May 03, 2010

CONSENT AGENDA 7. Consideration of approval of the minutes of the April 19, 2010, City Council Motion meeting.

See Enclosure 7.

8. Consideration of approval of the minutes of the April 26, 2010 City Council Motion Work Session meeting.

See Enclosure 8.

9. Consideration of City Council approval of the plans, specifications, and Motion engineer’s estimate on file in the City Clerk’s office for Concrete Improvements 2010-1 project and authorization for the City Clerk to advertise for bids.

This project includes the reconstruction of 7th Street and Prospect Avenue intersection, alleys between 2nd and 3rd Streets north and south of Norfolk Avenue, 18th Street and Bel-Air Road intersection, Dover Drive and Blackberry Drive intersection, 9th Street and Phillip Avenue intersection, 11th

Page 5 of 69 Staff Memorandum - 2 - City Council Meeting May 03, 2010 Street and Phillip Avenue intersection, Benjamin Avenue from 1st Street to Victory Road, and other various locations. A bid letting is planned for May 27, 2010 with Council approval of apparent low bidder at the June 7, 2010 meeting.

10. Consideration of approval of a request for Norfolk Catholic Parish Festival, Motion to hold a fireworks display on Saturday, August 21, 2010 in conjunction with the "Fun in the Sun" Parish Festival.

See Enclosure 10.

The rain date for this activity is May 29 and 30, 2010.

See Enclosure 11.

12. Consideration of approval of a Special Designated Liquor License requested Motion by American Legion Post 16 for a dance/beer garden in the parking lot at 1305 Riverside Boulevard on June 19, 2010 from 12:00 p.m. to 1:00 a.m.

See Enclosure 12.

13. Consideration of approval of a Special Designated Liquor License for Motion Norfolk Softball Association to serve beer in an outdoor beer garden at 3rd Street and Norfolk Avenue on June 12, 2010 in conjunction with the Great Plains Chicken, Rods & Ribs event.

See Enclosure 13.

14. Consideration of approval of a Special Designated Liquor License for Hy- Motion Vee Inc., dba Hy-Vee #2, 2107 Taylor Avenue, to serve wine on June 15, 2010 at the Norfolk Arts Center, 305 North 5th Street, from 6:30 p.m. to 9:30 p.m. for a sampling/tasting event.

Hy-Vee, Inc., dba Hy-Vee #2, holds a catering license.

See Enclosure 14.

15. Consideration of changing the Facade Improvement Program, funded with a Motion portion of the City's Community Revitalization Grants over the next three years, from a loan program to a forgivable loan (grant) program.

The Vehicle Parking District (VPD) requested $30,000 from the City's Community Revitalization (CR) Grants for each of the next three years to fund

Page 6 of 69 Staff Memorandum - 3 - City Council Meeting May 03, 2010 a Facade Improvement Program (FIP) in the VPD. At the time of the grant application to the Department of Economic Development (DED), this program was to be a loan program. After the CR grant application was submitted, Northeast Nebraska Economic Development District staff determined businesses utilizing these funds must comply with special requirements and assurances applicable to Community Development Block Grants (CDBG) including Davis Bacon and environmental review.

On March 16, 2010, the VPD voted to recommend the City change the FIP from a loan program to a grant, or forgivable loan, program because of these additional CDBG requirements. These loans will be forgiven one-fifth each year over the five-year period during which the businesses are required to maintain the improvements in the approved design and colors.

In order to make this change, the Council must approve changing the FIP from a loan program, as was included in the CR grant application, to a forgivable loan program. Included in the agenda packets is the revised FIP. The Finance Officer recommends approval of this revised FIP and notification to DED of the revision from a loan to a forgivable loan program.

See Enclosure 15.

16. Consideration of approval of all bills on file. Motion

SPECIAL PRESENTATIONS 17. Proclamation for May 15, 2010 as "Poppy Day" for the American Legion Auxiliary.

See Enclosure 17.

18. Proclamation for the week of May 9 - 15, 2010 as, "Parents Who Host, Lose The Most: Don't be a party to teenage drinking."

See Enclosure 18.

The Vehicle Parking District (VPD) board voted at the April 20, 2010 board meeting to request the City Council form a Business Improvement District

Page 7 of 69 Staff Memorandum - 4 - City Council Meeting May 03, 2010 (BID) with the same boundaries as the VPD. The VPD board is recommending the BID be financed through special assessments levied against real property in the district based on the assessed valuation of both the real property and the personal property located thereon. The VPD requests special assessments for fiscal year 2010-2011 of $50,000. The proposed first year budget is included in the agenda packets and is primarily for downtown marketing and promotion.

The City created a BID by Ordinance No. 3075 on July 7, 1982 encompassing Norfolk Avenue from 1st to 6th Streets. This BID has been dormant since the late 1990s and should be disestablished prior to forming the new BID. In general, the following steps need to be taken to form a new BID and levy special assessments:

1. Disestablish the old BID per section 19-4035 of statues requiring a resolution of intent, a hearing and an ordinance.

2. By resolution declare the boundaries of the new BID.

3. Appoint the Board, perhaps the same as the VPD Advisory Board and by resolution state the BID will serve as the VPD Advisory Board.

4. The BID Board prepares a plan for the BID and recommends it to the Council.

5. The Planning Commission reviews the plan and also makes a recommendation to the Council.

6. The Council then adopts a resolution of intent to establish a BID which includes hearing notice, boundaries, proposed improvements, the estimated cost and the method of raising the revenue including the proposed method of assessment.

7. Publish resolution of intent and mail to each property owner in BID.

8. Hold hearing.

9. Establish BID by ordinance.

10. Publish notice of assessment each week for three weeks.

11. Council sets as a Board of equalization to levy assessments.

Raising $50,000 of revenue based on the VPD's current assessed valuation of $24,100,273 results in a levy rate of $.207467 per hundred dollars of assessed valuation. This levy will not be made until after the 2010 valuations are known and the actual first-year levy rate will be based on the 2010 valuations.

Page 8 of 69 Staff Memorandum - 5 - City Council Meeting May 03, 2010

Since the boundaries of the BID will be the same as the VPD and the BID will be assuming much of the downtown marketing and promotion activities of the VPD, the VPD board voted to recommend the Mayor appoint the current VPD board members to the BID and by resolution have the BID serve as the VPD's advisory board.

Representatives from the VPD will be at the May 3 Council meeting to discuss this request with the Mayor and City Council.

See Enclosure 19.

ADMINISTRATIVE REPORTS 20. Black & Veatch presentation of Southwest Interceptor Study.

See Enclosure 20.

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CITY OF NORFOLK, NEBRASKA

The Mayor and City Council of the City of Norfolk, Nebraska met in regular session in the Council Chambers, 309 West Madison Avenue, Norfolk, Nebraska on the 19th day of April, 2010, beginning at 5:30 p.m.

Following a moment of silence and the Pledge of Allegiance to the flag of the United States of America, Mayor Sue Fuchtman called the meeting to order. Roll call found the following Councilpersons present: Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss, and Saunders. Absent: None.

Staff members present were: City Administrator Al Roder, City Attorney Clint Schukei, City Clerk Beth Deck, Finance Officer Randy Gates, Police Chief Bill Mizner, Wastewater Plant Superintendent Todd Boling, Prevention Manager Scott Cordes, Water & Sewer Director Dennis Watts and Property/Operations Manager Gary Miller.

The Mayor presided and the City Clerk recorded the proceedings.

The Mayor informed the public about the location of the current copy of the Open Meetings Act posted in the City Council Chambers and accessible to members of the public.

Notice of the meeting was given in advance thereof by publication in the Norfolk Daily News, Norfolk, Nebraska, the designated method of giving notice, as shown by affidavit of publication.

Notice was given to the Mayor and all members of the Council and a copy of their acknowledgement of receipt of notice and agenda is attached to the minutes. Availability of the agenda was communicated in the advance notice and in the notice to the Mayor and Council of this meeting. All proceedings hereafter shown were taken while the convened meeting was open to the public.

Agenda Motions

Councilperson Coy moved, seconded by Councilperson Wilson to approve the consent agenda as printed. Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried.

Councilperson Brenneman moved, seconded by Councilperson Coy to adopt the full agenda as printed. Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried.

Consent Agenda Items Approved

Minutes of the April 5, 2010 City Council meeting

Resolution No. 2010-7 releasing the 5 foot utility easements over the common lot line of Lots 4 and 5, less the North 10 feet and the East 10 feet thereof, of Block 13, Bel-Air 10th Addition to the City of Norfolk, Madison County, Nebraska, being a part of the NW ¼ of Section 21, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska – requested by Frank Oviedo

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Change Order No. 3 with Christiansen Construction Co. for the East Water Treatment Plant Backwash project resulting in a net increase of $26,988.31

Letter of no recommendation to the Nebraska Liquor Control Commission on the Class B liquor license application of Casey's Retail Company, dba Casey's General Store 2885, 1020 South 13th Street, and the manager application of Tina Krings

Grant of Easement for construction and maintenance of utilities over, under, and across a part of a tract of land lying in Lot 14, Block 10, Walters' East Knolls Ninth Addition to the City of Norfolk, Madison County, Nebraska – requested by Jared M. Meikle and Tina L. Meikle

Grant of Easement to provide for the construction and maintenance of utilities over, under, and across a part of a tract of land lying in the SE 1/4 of the NW 1/4 and part of the SW 1/4 of the NE 1/4 of Section 24, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska – requested by Wayne L. Walters and Bernice T. Walters

Change Order No. 1 with A & R Construction for Paving District No. 502 (Walters' East Knolls 10th Addition) resulting in a net decrease of $91.84

Letter of no recommendation to the Nebraska Liquor Control Commission on the Class C liquor license application of Endgame Operating Group, LLC, dba Big Red Sports Bar & Grill, 2101 West Pasewalk Avenue, and the manager application of Troy Olson

Interlocal cooperation agreement in order to form the Madison County Fire Protection Mutual Finance Organization which allows members to levy an agreed limit of 4 cents

Elkhorn Valley Cycling, Inc. agreement for a bicycle race on Sunday, June 6, 2010

Big Bang Boom, Inc., a Nebraska Nonprofit Corporation, and J & M Displays, Inc. an Iowa Corporation, agreement for various activities taking place on July 3, 2010 at Skyview Park for July 4 (Independence Day) activities and events

Downtown Norfolk Association, Inc. revised agreement for the Great Plains Chicken, Rods & Ribs event on June 12, 2010, with the addition of a beer garden

Terracon Consultants, Inc., a Delaware Corporation, agreement for well monitoring for Nebraska Department of Environmental Quality (NDEQ) on property located at 3rd Street and Madison Avenue

Staff recommendation to not enter into a "Performance Contracting Project Agreement" with JCI at this time

Norfolk Little League agreement to use the City's baseball and softball facilities at Ta-Ha-Zouka Park for baseball practice and games from April 15, 2010 through July 31, 2010

Bills in the amount of $907,898.75

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Special Presentations

Finance Officer Randy Gates presented the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2009 along with the related Single Audit Reports and auditor’s letter.

Big Red Keno update on building project

The Mayor proclaimed April 30, 2010 as "Arbor Day."

Public Hearings and Related Action

Public Hearing (zone change, 3112 West Eisenhower Ave.)

A public hearing was held to consider a zone change from A (Agricultural District) to R-R (Rural Residential District) at 3112 West Eisenhower Avenue at the request of MRB, LLC. (R. J. Gall). Prevention Manager Scott Cordes provided information to the Mayor and City Council. Cordes explained this one-lot subdivision located at 3112 West Eisenhower Avenue allows the owners to sell a 10+ acre parcel which is allowed in a Rural Residential zoning district.

On April 6, 2010, the Norfolk Planning Commission held a public hearing regarding the request from MRB, LLC. The City Clerk read the Planning Commission’s recommendation for approval into the record.

Dick Johnson, Johnson Engineering, spoke in favor of the zoning change.

No one else appeared either in favor of or in opposition to the zoning change and the Mayor declared the hearing closed.

Ordinance No. 5109 (zone change at 3112 West Eisenhower Ave.)

Councilperson Van Dyke introduced, seconded by Councilperson Reeder, Ordinance No. 5109 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA; AMENDING THE ZONING DISTRICT MAP OF THE CITY OF NORFOLK, NEBRASKA; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM and moved that the ordinance be passed on first reading. Said ordinance was then read into the record by title by the City Clerk.

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Ordinance No. 5109 passed on first reading.

Councilperson Van Dyke moved, seconded by Councilperson Lange, that the statutory rule requiring reading on three different days be suspended.

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Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. 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 Councilperson Van Dyke moved, seconded by Councilperson 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. 5109 be passed and adopted?"

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. 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. 5109 as required by law.

Regular Agenda Items

Resolution No. 2010-8 (MRB, LLC final plat and subdivision agreement)

Councilperson Lange moved, seconded by Councilperson Van Dyke, to adopt Resolution No. 2010-8 approving the final plat of MRB Addition and its accompanying subdivision agreement.

On April 6, 2010 the Norfolk Planning Commission reviewed the final plat and subdivision agreement of MRB Addition (R. J. Gall) for property located at 3112 West Eisenhower Avenue. The City Clerk read the Planning Commission’s recommendation for approval into the record.

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Resolution No. 2010-8 was adopted.

Resolution No. 2010-9 (MRB, LLC sidewalk waiver)

Councilperson Coy moved, seconded by Councilperson Fauss, to adopt Resolution No. 2010-9 approving a sidewalk waiver for MRB, LLC Subdivision (R. J. Gall).

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Resolution No. 2010-9 was adopted.

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Resolution No. 2010-10 (Abernathy-Wagner Railroad Addition final plat and subdivision agreement)

Councilperson Lange moved, seconded by Councilperson Reeder, to adopt Resolution No. 2010-10 approving the final plat of Abernathy-Wagner Railroad Addition and its accompanying subdivision agreement.

This is a five-lot subdivision in the 1100 block of Square Turn Boulevard and Queen City Boulevard.

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Resolution No. 2010-10 was adopted.

Morrissey Engineering Inc. Contract (HVAC upgrade at Library)

Councilperson Van Dyke moved, seconded by Councilperson Brenneman to approve an engineering services contract with Morrissey Engineering, Inc. for design, bid phase, and construction services for a HVAC upgrade at the Norfolk Public Library in an amount not to exceed $56,000.

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried.

Ordinance No. 5110 (Amended and restated Employees Retirement Plan)

Councilperson Reeder introduced, seconded by Councilperson Coy, Ordinance No. 5110 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO ADOPT AN AMENDED AND RESTATED EMPLOYEES RETIREMENT PLAN PROVIDING RETIREMENT AND OTHER BENEFITS TO PERSONS EMPLOYED BY THE CITY OF NORFOLK (OTHER THAN POLICE OFFICERS OR FIREFIGHTERS) OR TO THEIR BENEFICIARIES; TO APPOINT PLAN ADMINISTRATORS; TO GRANT AUTHORIZATION TO SIGN DOCUMENTS; TO REPEAL CONFLICTING ORDINANCES; 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.

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Ordinance No. 5110 passed on first reading.

Councilperson Brenneman moved, seconded by Councilperson Van Dyke, that the statutory rule requiring reading on three different days be suspended.

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Thereafter Councilperson Brenneman moved, seconded by Councilperson Van Dyke, 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. 5110 be passed and adopted?"

Ordinance No. 5111 (Amended and restated Firefighters Pension Plan)

Councilperson Fauss introduced, seconded by Councilperson Wilson, Ordinance No. 5111 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO ADOPT AN AMENDED AND RESTATED FIREFIGHTERS PENSION PLAN AS REQUIRED UNDER SECTIONS 16-1020 THROUGH 16-1042 OF CURRENT STATE OF NEBRASKA STATUTES; TO APPOINT THE CITY COUNCIL DESIGNATED MEMBERS OF THE FIREFIGHTERS PENSION PLAN RETIREMENT COMMITTEE; TO APPOINT PLAN ADMINISTRATORS; TO GRANT AUTHORIZATION TO SIGN DOCUMENTS; TO REPEAL CONFLICTING ORDINANCES; 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.

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Ordinance No. 5111 passed on first reading.

Councilperson Van Dyke moved, seconded by Councilperson Saunders, that the statutory rule requiring reading on three different days be suspended.

Thereafter Councilperson Van Dyke moved, seconded by Councilperson Saunders, 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. 5111 be passed and adopted?"

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Ordinance No. 5112 (Amended and restated Police Pension Plan)

Councilperson Wilson introduced, seconded by Councilperson Lange, Ordinance No. 5112 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO ADOPT AN AMENDED AND RESTATED POLICE OFFICERS PENSION PLAN AS REQUIRED UNDER SECTIONS 16-1001 THROUGH 16-1019 OF CURRENT STATE OF NEBRASKA STATUTES; TO APPOINT THE CITY COUNCIL DESIGNATED MEMBERS OF THE POLICE OFFICERS PENSION PLAN RETIREMENT COMMITTEE; TO APPOINT PLAN ADMINISTRATORS; TO GRANT AUTHORIZATION TO SIGN DOCUMENTS; TO REPEAL CONFLICTING ORDINANCES; 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.

Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried. Ordinance No. 5112 passed on first reading.

Councilperson Reeder moved, seconded by Councilperson Fauss, that the statutory rule requiring reading on three different days be suspended.

Thereafter Councilperson Reeder moved, seconded by Councilperson Fauss, that the statutory rules requiring reading on three different days be suspended and for final passage of the ordinance. The Mayor then stated the question "Shall Ordinance No. 5112 be passed and adopted?"

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Administrative Reports

No comments were received regarding the March 2010 Balance Sheet and March 2010 Summary Financial Statement.

Councilperson Fauss moved, seconded by Councilperson Reeder to adjourn the meeting at 6:16 p.m. Roll call: Ayes: Councilpersons Coy, Lange, Van Dyke, Reeder, Wilson, Brenneman, Fauss and Saunders. Nays: None. Absent: None. Motion carried.

______Sue Fuchtman Mayor ATTEST:

______Elizabeth A. Deck 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, April 19, 2010, had and done by the Mayor and City Council; that all of the subjects included in the proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the office of the Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to the meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided advance notification of the time and place of said meeting and the subjects to be discussed at said meeting.

______Elizabeth A. Deck City Clerk

( S E A L )

5/3/2010 Enclosure 7 Page 17 of 69 WORK SESSION April26.2010 Page 1 of 2

WORK SESSION

A work session was held by the Mayor and City Council of the City of Norfolk, Nebraska, on Monday, April 26, 2010, beginning at 5:30 p.m. in the City Council Chambers, 309 West Madison Avenue, Norfolk, Nebraska.

Mayor Sue Fuchtman called the meeting to order.

Roll call found the following members present: Mayor Sue Fuchtman and Councilpersons Brenneman, Coy, Fauss, Lange, Saunders, Van Dyke and Wilson. Absent: Reeder.

Staff members present were City Administrator Al Roder, City Attorney Clint Schukei, City Clerk Beth Deck, Public Works Director Dennis Smith, Library Director Michael Caldararo, Transportation, Building & Grounds Director Jim Koch, Police Chief Bill Mizner and Finance Officer Randy Gates.

The media was represented by Jim Curry, WJAG/KEXL, and Greg Wees, Norfolk Daily News.

Notice of the meeting was given in advance by publication in the Norfolk Daily News, and notice of the meeting was given to the Mayor and all members of the Council prior to the meeting.

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 meeting room and accessible to members of the public.

Elkhorn Valley Economic Development Update

Dave Simonsen, Executive Director of the Elkhorn Valley Economic Development Council (EVEDC), updated elected officials on economic development activity in the following areas: business expansion; business retention; business attraction projects; marketing; the need for an industrial park in Norfolk and the need for a retail assessment study.

Preserve Norfolk Presentation

Chris Amundson provided information to elected officials on “Preserve Norfolk – The Future is in the Past” including an overview on a Certified Local Government (CLG); historic preservation in 2001 Comprehensive Development Plan for Norfolk; Nebraska CLG communities; action plan for a CLG in Norfolk; and City Auditorium renovation. Amundson requested support from elected officials for the Certified Local Government project.

Mayor Fuchtman requested Amundson do further research and provide more information to elected officials.

Chris Falter stated the Norfolk Lions Club is willing to invest some funds in maintenance/upkeep of the City Auditorium, e.g. paint, curtains, but not a major expense such as a roof replacement. Falter said the City can make specific needs requests to the Lion Club for consideration.

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Councilperson Fauss moved, seconded by Councilperson Van Dyke to adjourn the meeting at 6:30 p.m. Roll call: Ayes: Councilpersons Brenneman, Coy, Fauss, Lange, Saunders, Van Dyke, Wilson and Mayor Fuchtman. Nays: None. Absent: Reeder. Motion carried.

______Sue Fuchtman Mayor ATTEST:

______Elizabeth A. Deck City Clerk

( S E A L )

5/3/2010 Enclosure 8 Page 19 of 69 Ufl1~ ,NTKE Sl1~u PARISH FESTIVAL nd August 21 st & 22

Dear Mayor and City Council:

st nd The Norfolk Catholic Parish Festival will be held August 21 and 22 • The festival last year was a big success for the Parish and the community. We thank you for all your support you have given with this event over the years.

The festival will be two big days of "Fun in the Sun" with events for this year including: sand valleyball, dodge ball, inflatable midway for our younger kids, live music, and vendors of all kinds.

With approval from Father Dave Belt and Principal Jeff Bellar we are once again going to finish off the night on Saturday with a wonderful fireworks fmale.

We are asking for the City Councils approval to allow fireworks to be shot off for this event which is outside the allowed time frame for discharging fueworks.

Pleace consider this request and feel free to contact me with any questions you may have. Ph: 402/841-2000

Thank you, RECFIVED APR 1 9 2flHl

CITY CUJi.i\'S OFFICE NORFOLK,NEBRASKA Fun in the Sun Parish Festival Co-Chairman

5/3/2010 Enclosure 10 Page 20 of 69 AGREEMENT

This Agreement, is made and entered into the ______day of ______, 2010, by and between the City of Norfolk, Nebraska, a Municipal Corporation, hereinafter referred to as “CITY”, and Larry Juracek, doing business as Norfolk Titans Baseball Program, hereinafter referred to as “TITANS”, WITNESSETH:

WHEREAS, CITY is the owner of Ta-Ha-Zouka Park in Norfolk, Nebraska, which has a softball facility located within the park; and

WHEREAS, TITANS is desirous of utilizing the softball facility in Ta-Ha-Zouka Park to hold a baseball tournament May 22, 2010 and May 23, 2010; and

WHEREAS, CITY is desirous of allowing TITANS to hold said baseball tournament at is softball facility.

NOW, THEREFORE, in consideration of the foregoing recitals, and the terms and conditions hereinafter set forth, the parties hereto agree as follows:

1. CITY shall allow TITANS to utilize the softball facility at Ta-Ha-Zouka Park May 22, 2010 and May 23, 2010, to hold a baseball tournament with a rain date of May 29, 2010 and May 30, 2010. TITANS’ use of the softball facility shall be exclusive for the dates set forth in this paragraph.

2. TITANS shall pay a fee to CITY in the amount of Fifty Dollars ($50.00) for the use of the softball facility at Ta-Ha-Zouka Park for the baseball tournament pursuant to this Agreement. Said fee shall be paid to CITY upon execution of this Agreement.

3. TITANS shall provide CITY with a certificate of general liability insurance in the following minimum amounts:

General Aggregate $1,000,000 a. Bodily Injury/Property Damage $1,000,000 each occurrence b. Personal Injury Damage $1,000,000 each occurrence c. Contractual Liability $1,000,000 each occurrence d. Products Liability & Completed Operations $1,000,000 each occurrence e. Fire Damage $ 100,000 any one fire f. Medical Expense $ 5,000 any one person

In addition, TITANS shall name CITY as an additional insured. The policy issued shall cover all activities sponsored by TITANS while using CITY’s softball facility at Ta-Ha-Zouka Park with no exclusions. A certificate of insurance shall be filed with the City Clerk’s office upon execution of this agreement. In the event the certificate of insurance is not filed upon

5/3/2010 Enclosure 11 Page 21 of 69 execution of this Agreement, then this Agreement shall be voidable by CITY’s operations manager.

4. TITANS agree to hold CITY harmless and indemnify CITY from any loss or damage or claim of loss by any third party from damage that results from holding said baseball tournament as provided in this Agreement.

IN WITNESS WHEREOF, the parties have executed the foregoing agreement in duplicate the day and year first above written.

CITY OF NORFOLK, NEBRASKA, A Municipal Corporation

By______Mayor ATTEST:

______City Clerk

Approved as to Form: ______City Attorney

______Larry Juracek d/b/a Norfolk Titans Baseball Program

5/3/2010 Enclosure 11 Page 22 of 69 APPLICATION FOR SPECIAL DESIGNATED LICENSE RETAIL LICENSE HOLDERS

NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 LINCOLN, NE 68509-5046 PHONE; (402) 471-2571 FAX; (402) 471-2814 Website: www.lcc.ne.gov/

BEFORE SUBMITTING AP1'LICATIQNTOTHE LIQUORCQNTROL COMMISSION

Id Include approval from the City, Village or County Clerk where the event is to be held

Id A license fee $40 (payable to Nebraska Liquor Control Commission) for each day/event to be licensed (i.e. if you have two separate areas at one event they both need to be licensed) (unless licensed as a K Caterer no fees required)

Application MUST be received at the Liquor Control Commission Office no later than 10 working days prior to event (excluding weekends, Federal and State observed holidays)

I. Type of alcohol to be served and/or consumed

JXI Beer I51,Wine JXJ Distilled Spirits

2. Liquor license number and class (i.e. C-5544 I)

3. Licensee name (last, first, middle), Corporate name, Limited Liability Company (LLC)

NAME: If hJ-€r/Ct) IJ L -eLI/OtJ PCJS+ /(P. J ADDRESS: L30S" Rl'deC)lc(c Oi?lud CITY l7 0('-101 K.. Al-e.,,- ZIP (py70/

4. Location where event will be held; name, address, city, county, zip code

ADDRESS: )J11I-fr/clI .n , L-t'OIO;'7t1 CITY n () 'i 1<, Ub"S/d( O/W(

COUNTY l}la d ; ~N)

APR 22 2010

REV6j09 Page 1

5/3/2010 Enclosure 12 Page 23 of 69 a. Is this location within the city/village limits? li!IYES CiNO b. Is this location within the 150' of church, school, hospital or home / aged/indigent or for veterans their wives? CiYESgiNO c. Is this location within 300' of any university or college campus? CiYESJJNO Must be consecutive days ~.~ Date sanqTime s Date Date Date Date

Hours From Hours From Hours From Hours From Hours From Hours From

To To To To To

a. Alternate date:_-I'l-'l-"D:c:.IIlJ<..-..-=:..::""=--______

b. Alternate location:_-II"'],,,,(L)i"LiL.-= ______(Alternate date or loc~tion mllst be approved by local)

6. Indicate type of activity to be carried on during event )cr DanceCi ReceptionCi Fund Raiser~ Beer Garden Ci Sampling/TastingCi Other ______

7. Description of area to be licensed Ci Inside building, dimensions of area to be covered IN FEET xo___ --:-_ Name of building (not square feet or acres)

Ci Outdoor area dimensions of area to be covered IN FEET £0 x leo (not square feet or acres) I f outdoor area, how will premises be enclosed Ci fence, type offence£! snow fenceO chain IinkO cattle pane)sO other ______!;it tent Ci other, explain ______

*Ifboth inside and outdoor area to be licensed include simple sketch

8. How many attendees do you expect at event? dOD

9. If over ISO, indicate the steps that will be taken to prevent underage persons from obtaining alcohol beverages. Lu r ;"5+ fund '>

10. Will premises to be covered by license comply with all Nebraska sanitation laws? EiYES CiNO a. Are there separate toilets for both men and women? .RJ YESCi NO

11. Where will you be purchasing your alcoholCi wholesalerCi retailerO both

12. Will there be any games of chance operating during the event? Ci YEStE]NO Ifso, describe activity ______

NOTE: Only games of chance approved by the Department of Revenue, Charitable Gaming Division are permitted. All other forms of gambling are prohibited by State Law: There are no exceptions for Non Profit Organizations or any events raising funds for a charity. This is only an application for a Special Designated License under the Liquor Control Act and is not a gambling permit application.

REV 6/09 Page 2

5/3/2010 Enclosure 12 Page 24 of 69 13. Any other information or requests for exemptionsl ~ Nc)~:~.~~ J

14. Name and telephone number/cel! phone number of immediate supervisor. This person will be at t the location of the event when it occurs, able to answer any questions from Commission and/or law enforcement before and during the event, and who will be responsible for ensuring that any applicable laws, ordinances, rules and regulations are adhered to.

-::::t,,:,,~'-Se""'bbl-----\\'.":,1f'),p'-!' 1f-:\-1+t-l-I-I-1 )~)C~~ ___~Phone: Before Lal..j(')·-I]<{O Print name of Event Supervisbr

Consent of Authorized Representativ

15. I declare that I am the authorized representative of the above named license applicant and that the statements made on this application are true to the best of my knowledge and belief. I also consent to an investigation of my background including al! records of every kind including police records. I agree to waive any rights or causes of action against the Nebraska Liquor Control Commission, the Nebraska State Patrol or any other individual releasing said information to the Liquor Control Commission or the Nebraska State Patrol. I further declare that the license applied for will not be used by any other person, group, organization or corporation for profit or not for profit and that the event will be supervised by persons directly responsible to the holder ofthis Special Designated License.

sign \ here~~~~~~~~~~~~~ ______-J~~ L/-Iq-/O Date

-~ Print Name

This individual must be listed on the application as an officer or stockholder unless a letter has been filed appointing an individual as the catering manager allowing them to sign all SDL applications.

The law requires that no special designated license provided for by this section shall be issued by the Commission without the approval oftbe local governing body. For the purposes of this section, the local governing body shall be the city or village within which the particular place for which the special designated license is requested is located, or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located.

REV6j09 Page 3

5/3/2010 Enclosure 12 Page 25 of 69 APPLICATION FOR SPECIAL DESIGNATED LICENSE NON PROFIT APPLICANTS

NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 LINCOLN, NE 68509-5046 PHONE: (402) 471-2571 FAX: (402) 471-2814 Website: www.1cc.ne.gov/

BEFORE SUBMITTING APPLICATION TO I'HE LIQUORCONTRQL COMMISSION

D Include approval from the City, Village or County Clerk where the event is to be held

D A license fee $40 (payable to Nebraska Liquor Control Commission) for each day/event to be licensed (i.e. if you have two separate areas at one event they both need to be licensed)

D Application MUST be received at the Liquor Control Commission Office no later than 10 working days prior to event (excluding weekends, Federal and State observed holidays)

D Letter from IRS declaring your organization exempt from payment of federal income taxes, or copy of federal tax return, as filed with the IRS, as well as affidavit signed by an officer of the organization declaring that the copy ofthe tax return is true and correct copy as filed with the IRS

,COMPLETE ALL QUESTIONS

1. Type of alcohol to be served and/or consumed IXIBeer DWine DOistilled Spirits

2. Status of ap~nt ( check one) DMunicipaUoliticaOine ArtOraternaDeligiouQharitable~ublic Service

3. Licensee name (last, first, middle), Corporate name, Limited Liability Company (LLC)

NAME:------jf\r--v~~D:....!....:R-=--:Fc_6~l~~~9;£+h=-..l--.\...... :L

Hours From Hours From Hours From Hours From Hours From Hours From lJPrnTo /dffJrt To To To To To

a. Alternate date: ~ --~~~~------NON

b. Alternate 10cation: __-'-N=-cVW""--'--=--=f_- ______(alternate date or location must be approved by local and law enforcement)

6. Indicate t~of activi~ be carried on during event DanceLj<-eceptionUFund RaiserJZIBeer GardenDSampling/Tasting~ther

7. Description of area to be licensed DInside building, dimensions of area to be covered INFEET ______---'x. ______Name of building (not square feet or acres)

IZlOutdoor area dimensions of area to be covered INFEET Ie tJ/x I fDj+ (not squ e feet or acres) outdoor area, how will premises be enclosed fence, type of fence X tent . - (!;, l ,~ I~tad ~ ~ __ I ~other, explam ~ W ~ l ~ Ci ~ ·£~t)(~..~ *Ifboth inside and outdoor area to be licensed include simple sketch

8. Indicate the steps that will be taken to prevent underage persons from obtaining alcohol beverages. C IV- EC.JL J:"\lJ.? A f\ '0 LAS £: fA) tZr:5 T B,A-vdls 9. Will premises to be covered by license comply with all Nebraska sanitation laws? ~YES DNO a. Are there separate toilets for both men and women? ~YEOO

5/3/2010 Enclosure 13 Page 27 of 69 10. Will there be any games of chance operating during the event? DYES!g}rO Ifs~describeactivUy~~~~~~~~~~~~~~~~~~~~~~~~~~~~~_

11. Any other information or requests for exemptions:

12. Name and telepbone number/cell pbone number of immediate supervisor. This person will be at t the location of the event when it occurs, able to answer any questions from Commission and/or law enforcement before and during the event, and who will be responsible for ensuring that any applicable laws, ordinances, rules and regulations are adhered to.

4-(l2-'-'----.A-_R_J_L----=--t?k------"'=IJ?~E=D=__·L=---,U-=-V'-.-'--_----'Phone: B:ff:fb 1/ 0-65 La a. Print name of Event Supervisor

Signat{lfe()fEvent Supervisor

Consent of Authorized Representative/Applicant

13. I declare that I am the authorized representative of the above named license applicant and that the statements made on this application are true to the best of my knowledge and belief. I also consent to an investigation of my background including all records of every kind including police records. I agree to waive any rights or causes of action against the Nebraska Liquor Control Commission, the Nebraska State Patrol or any other individual releasing said information to the Liquor Control Commission or the Nebraska State Patrol. I further declare that the license applied for will not be used by any other person, group, organization or corporation for profit or not for profit and that the event will be supervised by persons d.irecnnsible:on hold.er of this Special Designated License. ~:;.~ f&s'(rk,;lI Authorized Representative/Applicant Title Date

Print Name

The law requires that no special designated license provided for by this section shall be issued by the Commission without the approval of the local governing body. For the purposes of this section, the local governing body shall be the city or village within which the particular place for which the special designated license is requested is located, or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located.

5/3/2010 Enclosure 13 Page 28 of 69 Application for Special Designated License Under Nebraska Liquor Control Act Affidavit of Non-Profit Status

I HEREBY DECLARE THAT THE CORPORATION MAKING APPLICATION FOR A SPECIAL DESIGNATED LICENSE UNDER THE NEBRASKA LIQUOR CONTROL ACT IS EITHER A MUNICIPAL CORPORATION, A FINE ARTS MUSEUM INCORPORATED AS A NONPROFIT CORPORATION, A RELIGIOUS NONPROFIT CORPORATION WHICH HAS BEEN EXEMPTED FROM THE PAYMENT OF FEDERAL INCOME TAXES, A POLITICAL ORGANIZATION WHICH HAS BEEN EXEMPTED FROM THE PAYMENT OF FEDERAL INCOME TAXES, OR ANY OTHER NONPROFIT CORPORATION, THE PURPOSE OF WHICH IS FRATERNAL, CHARITABLE, OR PUBLIC SERVICE AND WHICH HAS BEEN EXEMPTED FROM THE PAYMENT OF FEDERAL INCOME TAXES AS PER §53-I24.11(1).

AS SIGNATORY I CONSENT TO THE RELEASE OF ANY DOCUMENTS SUPPORTING THIS DECLARATION AND ANY DOCUMENTS SUPPORTING THIS DECLARATION WILL BE PROVIDED TO THE NEBRASKA LIQUOR CONTROL COMMISSION, THE NEBRASKA STATE PATROL OR ANY AGENT OF THE LIQUOR CONTROL COMMISSION IMMEDIATELY UPON DEMAND. I ALSO CONSENT TO THE INVESTIGATION OF THIS CORPORATE ENTITY TO DETERMINE IT'S NONPROFIT STATUS.

I AGREE TO WAIVE ANY RIGHTS OR CAUSES OF ACTION AGAINST THE NEBRASKA LIQUOR CONTROL COMMISSION, THE NEBRASKA STATE PATROL OR ANY PARTY RELEASING INFORMATION TO THE AFOREMENTIONED PARTIES.

THE ABOVE INDIVIDUAL STATES THAT THE STATEMENT ABOVE IS TRUE AND CORRECT: IF ANY FALSE STATEMENT IS MADE ON THIS APPLICATION, THE APPLICANT SHALL BE DEEMED GUILTY OF PERJURY AND SUBJECT TO PENALTIES PROVIDED BY LAW. (SEC. §53- 131.01) NEBRASKA LIQUOR CONTROL ACT A+-.

SUB CRIBED IN MY PRESENCE AND SWORN TO BEFORE ME THIS t?} I i¥- DAY OF --t--+-~r,~I ___, fAD 10 .by 'ta ve kus s· ~-.

GENERAL NOTARY - State of Nebraska BETH ENE A. HOFF My Gomm. Exp. Aug. 31, 2012

5/3/2010 Enclosure 13 Page 29 of 69 Print Form

APPLICATIo.N Fo.R SPECIAL DESIGNATED LICENSE RETAIL LICENSE Ho.LDERS

NEBRASKA UQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 LINCOLN, NE 68509-5046 PHONE: (402) 471-2571 FAX: (402)471-2814 Website: www.Icc.ne.gov/

BEFo.RE SUBMITTING APPLICATIo.N TO. THE LIQUOR CONTROL COMMISSIo.N

D Include approval from the City, Village or County Clerk where the event is to be held

D A license fee $40 (payable to Nebraska Liquor Control Commission) for each day/event to be licensed (Le. if you have two separate areas at one event they both need to be licensed) (unless licensed as a K Caterer no fees required)

bJ Application MUST be received at the Liquor Control Commission Office no later than 10 working days prior to event (excluding weekends, Federal and State observed holidays)

COMPLETE ALL QUESTIONS

1. Type of alcohol to be served and/or consumed

C1Beer IB] Wine D Distilled Spirits

2. Liquor license number and class (i.e. C-55441) I

3. Licensee name (last, first, middle), Corporate name, Limited Liability Company (LLC) HY-VEE INC. N~: ______

ADDRESS! ______5820 WESTOWN PKWY DES MOINES,IOWA 50266 __

CITY ______DES MOINES ZlP ______50266 __

4. Location where event will be held; name, address, city, county, zip code ADDRESS: ______NORFOLK ART CENTER 305 NORTH 5TH ___

CITy ______NORFOLK ZIP ______68701 __

COUNTY______MADISON __

REV6j09 Page 1 5/3/2010 Enclosure 14 Page 30 of 69 a. Is this location within the city/village limits? ~YESLINO b. Is this location within the 150' of church, school, hospital or horne aged/indigent or for veterans their wives? o YES ffi]NO c. Is this location within 300' of any university or college campus? C]YESfE)NO Must be consecutive days 5. Date(s) and Time(s) of event (no more then six (6) consecutive days on one application) Date JUNE 15TH Date Date Date Date Date

Hours From6;30 ~ ~ours From Hours From Hours From Hours From Hours From

To9:30P~1 To To To To To NONE a. Alternate date:------NONE b. Alternate location: (Alternate date or'------location must be approved by local)

6. Indicate type of activity to be carried on during event D DanceD ReceptionD Fund Raiser D Beer Garden I.EJ Sampling/TastingO Other ______

7. Description of area to be licensed 30 FEET 40 FEET ~ Inside building, dimensions of area to be covered IN FEET x,____ _ Name of building NORFOLK ART CENTER (not square feet or acres)

D Outdoor area dimensions of area to be covered IN FEET x'------(not square feet or acres) If outdoor area, how will premises be enclosed D fence, type offenceD snow fenceD chain linkE:! cattle panelsO other ______Dtent D other, explain ______

*Ifboth inside and outdoor area to be licensed include simple sketch 30 PEOPLE 8. How many attendees do you expect at event? ____

9. If over 150, indicate the steps that will be taken to prevent underage persons from obtaining alcohol beverages.

10. Will premises to be covered by license comply with all Nebraska sanitation laws? lID YES DNO a. Are there separate toilets for both men and women? lEI YESCI NO

11. Where will you be purchasing your alcoholOO wholesalerD retailerO both

12. Will there be any games of chance operating during the event? D YESIElNO If so, describe activity ______

REV6j09 Page 2 5/3/2010 Enclosure 14 Page 31 of 69 13. Any other information or requests for exemptions:L.I ______~ ______.I

14. Name and telephone number/cell phone number of immediate snpervisor. This person will be at t the location of the event when it occurs, able to answer any questions from Commission and/or law enforcement before and during the event, and who will be responsible for ensuring that any applicable laws, ordinances, rules and regulations are adhered to.

KEITH MILLER 402-851-0969 402-851-0969 Phone: Before During Print------~ name of Event Supervisor ------~ ~------

Signature of Event Supervisor

Consent of Authorized RepresentativelApplicant

15. I declare that I am the authorized representative of the above named license applicant and that the statements made on this application are true to the best of my knowledge and belief. I also consent to an investigation of my background including all records of every kind including police records. I agree to waive any rights or causes of action against the Nebraska Liquor Control Commission, the Nebraska State Patrol or any other individual releasing said information to the Liquor Control Commission or the Nebraska State Patrol. I further declare that the license applied for will not be used by any other person, group, organization or corporation for profit or not for profit and that the event will be supervised by persons directly responsible to the holder of this Special Designated License.

sign ' I /Jj} 0 here_...... J-!Ut~~tft--'-~-----L~--'-. --=-.tt_tt_tt'1_--,--- _____ ·tu;;U ¢JL~t,6 1JtN&, J.j~;)jp-J/) Authorized Representative/Applicant TItle '-7- Date

Ktlfh J11///tf Print Name

The law requires that no special deSignated license provided for by this section shall be issued by the Commission without the approval of the local governing body. For the purposes of this section, the local goveming body shall be the city or village within which the particular place for which the special designated license is requested is located. or if such place is not within the corporate limits of a city or village, then the local governing body shall be the county within which the place for which the special designated license is requested is located.

REV 6/09 Page 3 5/3/2010 Enclosure 14 Page 32 of 69

CITY OF NORFOLK, NEBRASKA VEHICLE PARKING DISTRICT FACADE AND SIGNAGE IMPROVEMENT PROGRAM

Program Overview

Statement of Purpose: To improve the blighted appearance of buildings in the downtown area by restoring, renovating, replacing or reconstructing facades and signage.

Funding Mechanism: A forgivable loan program administered by the City of Norfolk’s Vehicle Parking District #1 and the Northeast Nebraska Economic Development District and funded by 20% of Norfolk’s Community Development Block Grant funds in the years 2010, 2011 and 2012 totaling $30,000 each year.

Loan Details: • Available to property owners and tenants within the Vehicle Parking District • Maximum forgivable loan is 49% of cost of improvements • Funds will be awarded up to $7,500 for facades, storefronts, awnings and up to $1,000 for signage. Applicants may apply in both categories. • Forgiven over 5-year period • Must meet approval of Norfolk Vehicle Parking District #1 Design Advisory Board (DAB)

5/3/2010 Enclosure 15 Page 33 of 69

Program Guidelines

The purpose of this forgivable loan program is to restore, improve or create historic architectural features to facades of commercial buildings anywhere within the City of Norfolk, Neb., Vehicle Parking District #1.

A. Where practical, building facades planned for upgrading shall be restored to their original period design. If it is deemed not practical by the Design Advisory Board, then a similar architectural design shall be used. All horizontal and vertical features (lintels and piers) shall be retained.

B. If a building does not have a historic significant architectural design or feature, then another proposed design may be submitted to qualify for the program.

C. All storefronts shall be designed, constructed and maintained to complement and accent the architectural features of the building. All accessories, signs and awnings shall likewise harmonize with the overall character of the building.

D. All color schemes shall accent the building as well as harmonize with adjacent buildings. Historical murals will be considered on a case-by-case basis.

E. Funds shall be allocated on a first-come basis for a maximum up to 49% of cost of improvements. Funds may be awarded as follows:

Up to $7,500 for facades, storefronts, awnings and/or Up to $1,000 for signage.

F. No work for which a forgivable loan is sought should begin until authorized by the Design Advisory Board.

G. No forgivable loan monies shall be used to perform general repair, structural, or habitable work or otherwise to meet code to occupy the building.

H. To qualify for forgivable loan funds, an application with appropriate conceptual plans and other documents must be submitted to the Vehicle Parking District with approval by the Design Advisory Board.

I. The work proposed by the applicant requires at least two bids from outside sources to verify that costs are within reasonable parameters.

J. Contractors are required to comply with Davis-Bacon Wage Determinations and E-Verify requirements (see contractor packet from Northeast Nebraska Economic Development District for additional information).

K. Attestation of U.S. Citizenship form is required if applying as an individual.

L. Projects are subject to Tier II environmental review.

M. The Design Advisory Board is appointed by the Vehicle Parking District.

N. Loan forgiveness period is five 5 years.

O. Improved facades and signage must remain intact on building for a minimum period of five (5) years from date of completion. Changes to improved facades and signage prior to 5 years may trigger repayment of loan.

5/3/2010 Enclosure 15 Page 34 of 69

Design Guidelines

For the benefit of the entire Norfolk, Neb., community, the Facade and Signage Improvement Program encourages the improvement of facades and signage in the historic downtown district, specifically the Vehicle Parking District #1, so as to accentuate the historic elements of the district through restoration, renovation, replacement or reconstruction, as defined:

Restoration is the preferred treatment for building facade improvement. Restoration is most applicable to buildings where there has been very little change to the building facade over time. This results in the return of the facade to its original appearance through the use of authentic materials and the replication of missing or deteriorated components.

Renovation results in facade improvements which do not attempt to return the building to its original appearance. The objective should be a return in the appearance to the appropriate period architecture of the building. Historic features should be preserved and inappropriate later remodeling such as stucco, aluminum siding and vinyl siding should be removed. Improvements made should be sensitive to historic details and materials and should respect whatever original character remains.

Replacement of facades is appropriate when the majority of the original facade is missing or has been significantly altered so as to make restoration or renovation impractical. Facade designs should select materials, dimensions and architectural details that are similar or compatible to surrounding buildings. Example: facade height, window size and spacing, materials and colors.

Reconstruction takes place when the building and its features no longer exist. With reconstruction, facade designs are created through new construction to replicate, mimic, resemble or accentuate historic period details.

Therefore, this program encourages the following specific design guidelines for facades and signage in Norfolk:

o Contemporary design alterations should not destroy significant historical, architectural or cultural material. o Distinguishing original qualities and character should be retained. o Historic material and distinctive architectural features should be retained. o Skilled craftsmanship that characterizes the building should be retained. o Deteriorated architectural features should be repaired rather than replaced. If replacement is necessary, new materials should match as closely as possible in design, color, texture and other visual qualities. o Building surface cleaning should be completed using the gentlest means possible. Exterior sandblasting or methods that will damage historic building materials should be avoided. o Alterations to facades should be done in a manner that if the alterations were to be removed in the future, the integrity of the structure and subsurface would be unimpaired. o Non-original building siding such as stucco, vinyl and aluminum should be removed whenever possible. o Replacement glass should be similar in size color and reflectivity to the original. o Dark-tinted glass should not be used. o Original historically significant facades should be restored with as little physical alteration as possible. o The use of incompatible materials for reconstruction should be discouraged; eg. aluminum or steel siding, faux brick, asphalt or cedar shingles, plastic, fiberglass and stucco. o Storefronts should incorporate the three design elements of a traditional storefront to retain the integrity of the streetscape: bulkhead, storefront windows and transom windows. o Signage should accentuate the period architecture and should comply with local signage code ordinances.

5/3/2010 Enclosure 15 Page 35 of 69

Facade and Signage Improvement Program Application Form

Applicant Name: ______Business Name: ______Property Address: ______Applicant’s Phone Number: ______Applicant’s email address: ______

Type of facade improvement planned (see Design Guidelines): Restoration Renovation Replacement Reconstruction Signage improvement planned: Removal New Alteration Repair

Structural alterations: ______

Cosmetic alterations: (moldings, etc.): ______

Painting: (approximate sq. ft. area): ______

Other work: Please specify (awnings, etc.): ______

______

Total cost of project: ______

Amount requested (up to 49% of project cost: $ ______Signage loan not to exceed $1,000 Facade loan not to exceed $7,500

I hereby submit the attached plans, specifications and color samples for the proposed project and understand that these must be approved by the Design Advisory Board of the Norfolk Vehicle Parking District #1. No work should begin until I have received written approval from the Vehicle Parking District. I further understand that the project must be completed within three (3) months from date of project approval and that loan monies will not be paid until the project is commenced. I agree to leave the completed project in its approved design and colors for a period of five (5) years from the date of completion. I understand that a Deed of Trust, in the amount equal to the loan amount will be placed upon the property at the time that the client(s) signs the promissory note. This lien, in favor of the City of Norfolk, will take a subordinate position to all existing liens.

______Signature of Property Owner Signature of Business Owner (if applicable)

Date: ______Date: ______

5/3/2010 Enclosure 15 Page 36 of 69

Supporting Data Checklist

Please submit this checklist as part of your final application

Major facade alteration: Provide a rendering of major changes, including paint and awning colors where applicable Submit two (2) written estimates from contractor and subcontractors

Signs: Provide a color rendering of the design chosen Include specifications as to the size and width of the sign Note how and where the sign will be hung on the building Submit two (2) written estimates from a sign company or qualified contractor Submit written verification that design and size comply with city codes Note: Awning design must take into account the architectural style of the building

Paint: Provide samples of the colors chosen Mark which color will be body color and which will be accent colors Note where each color will be used Submit two (2) written estimates from painter of your choice

Awnings: Provide information about color and style of awning chosen Note where awning will be placed on building Submit two (2) written estimates from qualified contractor Submit written verification that design and size comply with city codes Note: Awning design must take into account the architectural style of the building

Documents: Submit signed Hold Harmless Agreement (see attachment) If applying as an individual, submit signed Attestation of U.S. Citizenship (see attached) Submit copy of current Occupational License and Certificate of Use (if applicable) If applying as a tenant, provide a written authorization from the property owner for the improvements

5/3/2010 Enclosure 15 Page 37 of 69

Release and Hold Harmless Agreement

Release executed on the ______day of ______, _____, by (Property Owner) ______and (Tenant if Applicable) ______, of (Street Address) ______, City of Norfolk, County of Madison, State of Nebraska, referred to as Releasor(s). In consideration of being granted monies for restoration, modifications, signage, or other physical changes to the property located at the above address, the Releasor(s), understands that they are solely responsible for providing their own contractors, and to assure that those contractors are fully insured and licensed and have obtained all necessary permits in accordance with City regulations. The Releasor(s) waives, releases, discharges, and covenants not to sue the Norfolk Vehicle Parking District #1, the Northeast Nebraska Economic Development District or the City of Norfolk for loss or damage, and claims or damages therefore, on account of any work that has been performed in accordance with City or State guidelines. Releasor(s) agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Nebraska and that if any portion of the agreement is held invalid, it is agreed that the balance shall; notwithstanding, continue in full legal force and effect. Releasor(s) further states that it has carefully read the above release and knows the contents of the release and signs this release as its own free act. Releasor’s obligations and duties hereunder shall in not manner be limited or restricted by the maintaining of any insurance coverage related to the above referenced event. This release contains the entire agreement between the parties to this agreement and the terms of this release are contractual and not a mere recital.

______Signature of Property Owner

______Signature of Business Owner (if applicable)

______Date

5/3/2010 Enclosure 15 Page 38 of 69

Design and Document Approval Flow Chart

1. Contact is made with Vehicle Parking District #1 regarding participation in the Facade and Signage Improvement Program.

2. Application is filled out and submitted to the Vehicle Parking District, along with a preliminary conceptual sketch of the planned improvements. (This no need to provide information from “Supporting Data Checklist” with this application).

3. Vehicle Parking District contacts Northeast Nebraska Economic Development District for Tier II environmental review.

4. A meeting of the Design Advisory Board is scheduled with the applicant at the site of the proposed improvement. The following items are to be addressed at the meeting: o Board members provide historical photos if available. o Board members take photos of building in its current condition. o Board members and applicant discuss the applicant’s ideas and needs.

Note: Sketches of the planned improvements need only be conceptual but must show enough detail so the Design Advisory Board can make comments and recommendations.

5. If the applicant wishes to participate in the program, applicant arranges for preparation of construction drawings and price quotation and provides a copy to Design Advisory Board for review. If no changes are suggested, the applicant completes the application material outlined under “Supporting Data Checklist” and submits two copies to the Vehicle Parking District.

6. The Design Advisory Board and Northeast Nebraska Economic Development District review formal application and then communicates formal approval/denial to the applicant.

7. With approval, Northeast Nebraska Economic Development District meets with applicant and contractors to review and complete paperwork and legal documents.

8. After formal approval and completion of paperwork and documents, the project is undertaken according to approved design. Any changes must be approved by Design Advisory Board.

9. At project completion the Design Advisory Board conducts a final review and provides a written report to the Vehicle Parking District and the Northeast Nebraska Economic Development District indicating that the project has been completed as proposed.

10. Northeast Nebraska Economic Development District works with applicant and contractors to complete final paperwork and legal documents.

11. City of Norfolk disburses forgivable loan proceeds.

12. Design Advisory Board reviews facade and signage improvements annually for a period of five (5) years to ensure that approved designs remain intact.

5/3/2010 Enclosure 15 Page 39 of 69 Proclamation for “Poppy Day”

WHEREAS: Our community has a continuing responsibility to veterans in Veterans Homes, Hospitals, or Nursing Homes; and

WHEREAS: The American Legion Auxiliary feels obligated to help provide for the welfare of our veterans and the families of those who made the supreme sacrifice in defense of their country; and

WHEREAS: The American Legion Auxiliary Unit #16 of Norfolk has been established to aid the veteran; and

WHEREAS: The American Legion Auxiliary has chosen Saturday, May 15, 2010 for its annual Poppy Day and has announced that all funds collected will be used to assist the veterans and their families in the Norfolk area.

NOW, THEREFORE, BE IT RESOLVED, that I, Sue Fuchtman, Mayor of the City of Norfolk, Nebraska, by the power vested in me, do hereby proclaim Saturday, May 15, 2010, as:

“POPPY DAY”

in the City of Norfolk, Nebraska and the surrounding area, and urge all citizens to recognize this observance and support veterans.

______May 3, 2010 Mayor

Seal

5/3/2010 Enclosure 17 Page 40 of 69 Proclamation

It's against the law.

WHEREAS, adults who provide alcohol to those below the legal drinking age of 21 are placing those youth at ri sk for health, safety and legal problems, and

WHEREAS, alcohol use by young people is dangerous, not only because of the ri sks associated with acute impainnent, but also because of the threat to their long-tenn development and well-being, and

WHEREAS, it is illegal to give or allow your teen's friends to drink alcohol in your home, even with their parents' permission, and

WHEREAS, anyone found guilty of providing alcohol to youth under Nebraska criminal la w can face up to a $ 1,000 fme and one year injail, or both, in addition to any civil acti on that can be brought as a result of damages or injury related to the offense, and

WHEREAS, adults have the authority and responsibility to our youth to provide them with alternative opportunities by creating alcohol free activities, and

WHEREAS, Drug-Free Action Alliance, through the " Parents Who Host, Lose The Must; Dun't be a party to teenage drinking" campaign provides the educational materials to raise community awareness regarding this illegal and unhealthy practice, and

WHEREAS, the City of Norfolk encourages residents to refuse to provide alcoholic beverages to underage youth and to take the necessary steps to discourage the illegal and unhealthy practice, including the reporting of underage drinking by calling their local police, and

WHEREAS, be it resolved that the City ofNO/fo lk not onl y discourages the use of alcohol by those below the legal age of consumption but also exhort s all residents of the City of NO/folk to refuse to provide alcoholic beverages to those underage youlh, and wi ll continue to take the necessary steps to discourage this illegal and unhealthy activity.

NOW, THEREFORE, [, Sue Fuchtman , Mayor of_ ""N"'o"'r""fo"'l"'k"----__, State of Nebraska do hereby proclaim, the week of May 9-15'" 2010 to be:

Parents Who Host, Lose The Most: Don't be a party to teenage drinking Week 2010

[n witness whereof [ have set my hand and caused the seal of Norfolk , Nebraska to be affixed, this ....3!::d day of Ma¥ ' 20 I O.

Sue Fuchtman, Mayor

"") A program of Drug-Free Actioll Alliallce With support frolll lite Ollio Departmelll of Alcohol ami Drug Addiction Services (.. ALLiANcCE ™ This is a trademark alld CU llllot be used or altered ill allY lVay ",ithoul writtell permission of Drug-Free Actio" Alliance 5/3/2010\...... ," IVww.DrugFreeActioIlAlliullce.org Enclosurere)' J/09 18 Page 41 of 69 ELKHORN LOGAN VALLEY Public Health Department PUBLIC HEALTH 922 Avenue "EW - P.O. Box 779 - Wisner, NE 6B791

Proudl~ ' .'-;('f\';llg BUrl. cuming . :\I;lrtj.c;on. & SfiJ lHOIl C (}wllic s

April 20, 2010

Dear Mayor Sue Fuchtman,

Please find a proclamation enclosed for the event on May 101h, in which Tom Osborne will be presenting "Mapping the Route for Our Youth", an evening event focusing on adult and parent roles in inspiring youth to remain alcohol and drug-free, as well as promoting youth to make good decisions, set life goals, and build strong positive characters.

If you have RSVP'd your attendance for this event, a youth from your community will present this proclamation to you at this event. A photograph of the signing will be captured and will appear in your local newspaperls that serves your community.

Thank you for your dedication to our cause.

Respectfully yours,

Brandy Boschult HCI Coordinator

5/3/2010 Enclosure 18 Page 42 of 69 BUSINESS IMPROVEMENT DISTRICT BUDGET 2010 - 2011

BEGINNING BALANCE $ -

SPECIAL ASSESSMENT REVENUE Based on assessed value requiring a levy rate of $.207467 per $100 of assessed valuation 50,000

TOTAL FUNDS AVAILABLE $ 50,000

EXPENDITURES:

PROFESSIONAL FEES City of Norfolk Special assessment administration fee 1% of assessments levied $ 500 General administration fee 1,000 1,500

Publication, abstracting & filing fees 1,000

Chamber of Commerce Contract for marketing & promoting downtown 30,000 $ 32,500

PUBLIC RELATIONS Advertising & promotion 17,500

TOTAL EXPENDITURES 50,000

ENDING BALANCE -

TOTAL FUNDS ACCOUNTED FOR $ 50,000

5/3/2010 Enclosure 19 Page 43 of 69

BLACK & VEATCH CORPORATION

SOUTHWEST INTERCEPTOR STUDY

City of Norfolk, Nebraska B&V Project 165840.100 Southwest Interceptor Study B&V File 41.0000 April 25, 2010

To: Dennis Smith

From: Richard Henderson

Reviewed: Bill Knoll

A. Background and Purpose In September 2008, Black & Veatch completed the “City of Norfolk, Nebraska, Sanitary Sewer Master Plan” (Master Plan). A major recommendation of this plan was for the City to consider construction of a Southwest Interceptor (SW Interceptor) to alleviate capacity concerns along the U.S. Highway 275 corridor. The recommendation included a conceptual SW Interceptor route that would run from the intersection of Twenty-Fifth Street and U.S. Highway 275 to the City of Norfolk’s 36 inch interceptor at the intersection of Fourth Street and Jackson Avenue. The purpose of this study is to refine the conceptual routing that was given in the Master Plan. Based on these refined SW Interceptor alignments, the study then determined feasibility of each based on existing utilities, property crossings, major drainage crossings, and tie-in location to the existing sanitary sewer system. A recommendation is made at the end of this study as to the preferred alternative and a cost opinion is given for the preferred alternative.

B. Evaluation Field data was collected from August 25, 2009 through August 27, 2009 with the help of City personnel. City survey equipment was used to record northing-easting coordinates and elevations at select points along each of the proposed SW Interceptor alignments. This information was then entered into a Geographical Information System (GIS) that utilized a “to scale” photographic background of the city (See Appendix A). Once these points were entered, the

Page 1 of 11 5/3/2010 Enclosure 20 Page 44 of 69 BLACK & VEATCH CORPORATION

SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

proposed alignments were drawn onto the figures presented at the end of this report. The elevation data was used to create a ground profile along each of the SW Interceptor alignments. The SW Interceptor was then drawn onto each ground profile by assuming a minimum constant slope of 0.077 ft/100 ft for a 24 inch pipe and a 0.05 foot drop at manholes where there is a directional change. The minimum slope and pipe size are in accordance with the “The Recommended Standards for Wastewater Facilities, 2004 Edition”, otherwise known as “The Ten States Standards.” The profiles were used to gage whether there were any topographical (drainage/ditch) conflicts along the alignment. In addition, the profiles were used to determine if existing lift stations in the vicinity of the SW Interceptor could gravity flow to the SW Interceptor, thereby eliminating the need for pumping. Horizontal alignments were evaluated using Right-of-Way (ROW) and private property information provided by the City (Appendix B). City personnel also provided utility information that was used to identify any potential conflicts along each of the horizontal alignments.

C. SW Interceptor Alignments and Findings Four routes were analyzed as part of this study. These are discussed in the four sections that follow. The downstream tie-in to the existing sanitary sewer system is the same for all four alternatives and is located at the intersection of Jackson Avenue and Fourth Street. All Figures are presented at the end of the report for easier reference.

1. Alternative One The alignment of Alternative One can be found on Figure 1A and the profile of the SW Interceptor can be found on Figure 1B. This alternative is approximately 16,500 feet in length. The alignment connects to the existing sanitary sewer system northeast of the intersection of U.S. Highway 275 and Twenty-Fifth Street at the upstream end. The following list breaks the interceptor into major segments and details some of the specifics that were considered in evaluating this alternative:

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SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

• Jackson Avenue (650 Feet) o Utilities Gas line in South ROW 4” waterline in road

• Fifth Street (300 Feet) o Utilities Gas and phone line in East ROW and power line in West ROW

• Monroe Avenue (4,600 Feet) o Major drainage/ditch crossing o Possible tie-in from Monroe Avenue and Ta Ha Zouka Lift Stations o U.S. Highway 81 Crossing o Utilities Gas and phone line in North ROW and power line in South ROW 12” Waterline in road 10” sewer and 6” force main in road

• Private Property (1,700 Feet) o Easement required o Major drainage/ditch crossing o Property owner is Powell

• Union Pacific Railroad Crossing (400 Feet) o Easement required with tunnel bore or directional drill

• Private Property (1,800 Feet) o Easement required o Major drainage crossing at bike path o Property owner is Nucor

• Twenty-Fifth Street South of Pasewalk Ave (4,850 Feet) o Possible tie-in from Goodyear Lift Station o Chicago and Northwestern Railroad (Spur Line) Crossing o Utilities Phone line in West ROW South of Omaha Ave Gas and phone line in East ROW and power line in West ROW North of Omaha Ave

Page 3 of 11 5/3/2010 Enclosure 20 Page 46 of 69 BLACK & VEATCH CORPORATION

SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

8” waterline in East ROW North of Omaha Ave 6” force main in West ROW North of Omaha Ave

• Twenty-Fifth Street North of Pasewalk Ave (2,050 Feet) o Major drainage/ditch crossing behind Wal-Mart o Utilities Gas, power, and phone line in East ROW North of Pasewalk Ave 8” waterline in East ROW North of Pasewalk Ave 6” force main in East ROW North of Pasewalk Ave

• U.S. Highway 275 Crossing (200 Feet) o Northeast and Southeast Corners contain power, gas, phone, and cable.

Based on the information above, there are no major utility conflicts that would prohibit utilizing the ROW as shown on this alignment. The U.S. Highway 275, U.S. Highway 81, Union Pacific Railroad crossings would likely be installed by utilizing either horizontal directional drilling or conventional tunnel bore methods. It is recommended, however, that the alignment shown on Figure 1A be adjusted in order to construct the U.S. Highway 275 crossing on the west side of Twenty-Fifth Street. This would enable a contractor to utilize open trench construction to cross Twenty-Fifth Street and connect to the existing manhole on the Northeast corner where there are a lot of existing utilities. Easements will be required for the SW Interceptor as it crosses through the Powell and Nucor properties between Twenty-Fifth Street and the west end of Monroe Avenue. The profile shown on Figure 1B indicates that the tie-in at the intersection of U.S. Highway 275 and Twenty-Fifth Street is possible. However, the pipe does appear to daylight at the drainage crossing on Monroe Avenue. Several options can be considered for this crossing. These include utilization of a siphon, splitting the flow between two or three small pipes at the crossing, or installing a check dam immediately downstream of the SW Interceptor and protecting it with a concrete encasement.

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SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

The profile given on Figure 1B indicates that the Monroe, Ta Ha Zouka, and Goodyear Lift Stations could be abandoned and the flow fed into the new SW Interceptor. Figure 1C shows a profile of a proposed Ta Ha Zouka interceptor that would be approximately 1,350 lineal feet and would connect the lift station to a manhole at the intersection of Monroe Avenue and U.S. Highway 81. A 15 inch interceptor is proposed and could be installed at a slope of 0.0015 feet/feet.

2. Alternative Two The alignment of Alternative Two can be found on Figure 2A and the profile of the SW Interceptor can be found on Figure 2B. This alternative is approximately 17,800 feet in length. The upstream tie-in for this alternative would be along the south side of U.S. Highway 275 just northeast of the City ‘ditch’ property. In order for this alternative to alleviate flow concerns in the U.S. Highway 275 corridor, a small connecting interceptor (approximately 300 feet) would need to be installed from the intersection of 27th Street and Madison Avenue to a manhole that is located in the field between 27th Street and U.S. Highway 275. This would direct flow from the Faith Regional Center, the neighborhood to the north, the Westside Plaza Apartments, and the Westport Plaza apartments to the SW Interceptor. The following list breaks the interceptor into major segments and details some of the specifics that were considered in evaluating this alternative.

• Jackson Avenue (650 Feet) o Utilities Gas line in South ROW 4” waterline in road

• Fifth Street (300 Feet) o Utilities Gas and phone line in East ROW and power line in West ROW

• Monroe Avenue (4,600 Feet)

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SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

o Major drainage/ditch crossing o Possible tie-in from Monroe Avenue and Ta Ha Zouka Lift Stations o U.S. Highway 81 Crossing o Utilities Gas and phone line in North ROW and power line in South ROW 12” Waterline in road 10” sewer and 6” force main in road

• Private Property (1,700 Feet) o Easement required o Major drainage/ditch crossing o Property owner is Powell

• Union Pacific Railroad Crossing (400 Feet) o Easement required with tunnel bore or directional drill

• Private Property (1,800 Feet) o Easement required o Major drainage crossing at bike path o Property owner is Nucor

• Twenty-Fifth Street South of Omaha Ave (2,800 Feet) o Possible tie-in from Goodyear Lift Stations o Chicago and Northwestern Railroad (Spur Line) Crossing o Utilities Phone line in West ROW

• City Ditch Property (5,250 Feet) o Use access road as route to provide cover over pipe

• Connector North of U.S. Highway 275 (300 Feet)

Based on the information above, there are no major utility conflicts that would prohibit utilizing the ROW as shown on this alignment. The U.S. Highway 81 crossing and the Union Pacific Railroad crossing would likely be installed by utilizing either horizontal directional drilling or conventional tunnel bore methods. Easements will be required for the SW Interceptor as it crosses through the

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SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

Powell and Nucor properties between Twenty-Fifth Street and the west end of Monroe Avenue. A point to note for this alternative is that it utilizes the City ‘ditch’ property in between Omaha Avenue and U.S. Highway 275. The topography shown on the profile is the top of the access road that runs along the east side of this property. An assumption was made that if this alignment is utilized, the SW Interceptor would be installed along this road to provide cover over the pipe. As in Alternative One, the profile indicates the minor vertical conflict with the drainage on Monroe Avenue. The same methods discussed in Alternative One would be utilized for this crossing. The same recommendation of being able to abandon the Monroe, Goodyear, and Ta Ha Zouka Lift Stations also applies to Alternative Two.

3. Alternative Three The alignment of Alternative Three can be found on Figure 3A and the profile of the interceptor can be found on Figure 3B. This alternative is approximately 18,700 feet in length. West of U.S. Highway 81 this alternative follows the same route as Alternative One. The remainder of the alignment utilizes the U.S. Highway 81 ROW and passes through Ta Ha Zouka Park. The following list breaks the interceptor into major segments and details some of the specifics that were considered in evaluating this alternative.

• Jackson Avenue (650 Feet) o Utilities Gas line in South ROW 4” waterline in road

• Fifth Street (1,600 Feet) o Major drainage/ditch crossing o Utilities Gas and phone line in East ROW and power line in West ROW

• McKinley Avenue (3,350 Feet) o Through Ta Ha Zouka Park

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SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

o Possible tie-in from Ta Ha Zouka Lift Station

• U.S. Highway 81 (1,300 Feet) o Utilities Gas, phone, and fiber optic lines in West ROW Power line in East ROW 4” force main in road

• Monroe Avenue (1,250 Feet) o U.S. Highway 81 Crossing o Utilities Gas line in North ROW and power line in South ROW 12” Waterline in road

• Private Property (1,700 Feet) o Easement required o Major drainage/ditch crossing o Property owner is Powell

• Union Pacific Railroad Crossing (400 Feet) o Easement required with tunnel bore or directional drill

• Private Property (1,800 Feet) o Easement required o Major drainage crossing at bike path o Property owner is Nucor

• Twenty-Fifth Street North of Pasewalk Ave (2,050 Feet) o Major drainage/ditch crossing behind Wal-Mart o U.S. Highway 275 Crossing o Utilities

Page 8 of 11 5/3/2010 Enclosure 20 Page 51 of 69 BLACK & VEATCH CORPORATION

SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

Gas, power, and phone line in East ROW North of Pasewalk Ave 8” waterline in East ROW North of Pasewalk Ave 6” force main in East ROW North of Pasewalk Ave

• U.S. Highway 275 Crossing (200 Feet) o Northeast and Southeast Corners contain power, gas, phone, and cable.

Due to the length of this alignment, the invert of the SW Interceptor is above the invert of the manhole that it would connect to at the intersection of U.S. Highway 275 and Twenty-Fifth Street. This, along with the major drainage crossing on Fifth Street and the amount of utilities in the west ROW of U.S. Highway 81, eliminates Alternative Three as a feasible alternative.

4. Alternative Four The alignment of Alternative Four can be found on Figure 4A and the profile of the interceptor can be found on Figure 4B. This alternative is approximately 20,100 feet in length. West of U.S. Highway 81 this alternative follows the same route as Alternative Two. The remainder of the alignment utilizes the U.S. Highway 81 ROW and passes through Ta Ha Zouka Park. The following list breaks the interceptor into major segments and details some of the specifics that were considered in evaluating this alternative.

• Jackson Avenue (650 Feet) o Utilities Gas line in South ROW 4” waterline in road

• Fifth Street (1,600 Feet) o Major drainage/ditch crossing o Utilities Gas and phone line in East ROW and power line in West ROW

• McKinley Avenue (3,350 Feet) o Through Ta Ha Zouka Park

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SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

o Possible tie-in from Ta Ha Zouka Lift Station

• U.S. Highway 81 (1,300 Feet) o Utilities Gas, phone, and fiber optic lines in West ROW Power line in East ROW 4” force main in road

• Monroe Avenue (1,250 Feet) o U.S. Highway 81 Crossing o Utilities Gas line in North ROW and power line in South ROW 12” Waterline in road

• Private Property (1,700 Feet) o Easement required o Major drainage/ditch crossing o Property owner is Powell

• Union Pacific Railroad Crossing (400 Feet) o Easement required with tunnel bore or directional drill

• Private Property (1,800 Feet) o Easement required o Major drainage crossing at bike path o Property owner is Nucor

• Twenty-Fifth Street South of Omaha Ave (2,800 Feet) o Possible tie-in from Goodyear Lift Stations o Chicago and Northwestern Railroad (Spur Line) Crossing o Utilities Phone line in West ROW

• City Ditch Property (5,250 Feet) o Use access road as route to provide cover over pipe

Due to the length of this alignment, the invert of the SW Interceptor is above the invert of the manhole that it would connect to on the south side of U.S. Highway 275. This, along with the major drainage crossing on Fifth Street and

Page 10 of 11 5/3/2010 Enclosure 20 Page 53 of 69 BLACK & VEATCH CORPORATION

SOUTHWEST INTERCEPTOR STUDY B&V Project 165840.100 April 25, 2010

the amount of utilities in the west ROW of U.S. Highway 81, eliminates Alternative Four as a feasible alternative.

D. Preferred Alternative Discussion Although both Alternative Numbers One and Two can eliminate all three lift stations, Alternative Two is preferred over Alternative Number One because it alleviates the need for any crossing of U.S. Highway 275. It also utilizes the City owned ditch property instead of using the northern part of 25th Street which has a number of utilities already within the Right-of-Way. Utilizing 25th street would also have an added cost of paving the street after construction. The cost of the U.S. Highway 275 crossing and the cost of paving 25th Street would offset any cost savings of the shorter length of Alternative One versus Alternative Two. A cost opinion is given in Table 1. Construction costs are broken down into five different phases. The Engineering Design Fee is given as a single cost and makes the assumption that one single set of plans and one specification would be produced. The plans would delineate the five different phases (sections). The specifications would be good for all sections and could easily be modified under separate Bidding Phase Services to accommodate the bidding of any or all of the sections at different times.

Page 11 of 11 5/3/2010 Enclosure 20 Page 54 of 69 Table 1 Southwest Interceptor - Opinion of Cost Item Quantity Unit Unit Cost Total Cost Phase 1 - Jackson Ave/Fourth St. to Monroe/HWY 81 24 Inch PVC Sanitary Sewer(1) 4430 LF $ 155 $ 686,650 Manholes 11 EA $ 3,500 $ 38,500 Asphalt 4500 SY $ 30 $ 135,000 Tunnel Bores(2) 300 LF $ 325 $ 97,500 Monroe Ditch Crossing or Siphon 1 LS $ 15,000 $ 15,000 Tie-In Monroe Lift Station 1 LS $ 10,000 $ 10,000 Traffic Control 1 LS $ 10,000 $ 10,000 Mobilization (10%) $ 99,000 Contingency (20%) $ 218,000

Total Phase 1 Construction Cost $ 1,310,000

Phase 2 - Monroe Ave/HWY 81 west to 25th St. 24 Inch PVC Sanitary Sewer(1) 5450 LF $ 150 $ 817,500 Manholes 13 EA $ 3,500 $ 45,500 Tunnel Bores(3) 300 LF $ 325 $ 97,500 Bike Path Repair 1 LS $ 5,000 $ 5,000 Mobilization (10%) $ 97,000 Contingency (20%) $ 213,000

Total Phase 2 Construction Cost $ 1,276,000

Phase 3 - 25th St. from Bike Path North to Omaha Ave. 24 Inch PVC Sanitary Sewer(1) 2725 LF $ 155 $ 422,375 Manholes 7 EA $ 3,500 $ 24,500 Asphalt 3100 SY $ 30 $ 93,000 Tie-In Goodyear Lift Station 1 LS $ 10,000 $ 10,000 Traffic Control 1 LS $ 5,000 $ 5,000 Mobilization (10%) $ 55,000 Contingency (20%) $ 122,000

Total Phase 3 Construction Cost $ 732,000

Phase 4 - 25th St./Omaha Ave. to HWY 275 (4) 24 Inch PVC Sanitary Sewer(1,4) 5200 LF $ 155 $ 806,000 Manholes 13 EA $ 3,500 $ 45,500 Asphalt 750 SY $ 30 $ 22,500 Traffic Control 1 LS $ 7,500 $ 7,500 Mobilization (10%) $ 88,000 Contingency (20%) $ 194,000

Total Phase 4 Construction Cost $ 1,164,000

Phase 5 - Ta Ha Zouka Interceptor 15 Inch PVC Sanitary Sewer(1) 1350 LF $ 100 $ 135,000 Connect to Ta Ha Zouka Lift Station 1 LS $ 7,500 $ 7,500 Manholes 4 EA $ 3,500 $ 14,000 Traffic Control 1 LS $ 5,000 $ 5,000 Asphalt 700 SY $ 30 $ 21,000 Mobilization (10%) $ 18,000 Contingency (20%) $ 40,000

Total Phase 5 Construction Cost $ 241,000

TOTAL CONSTRUCTION COST $ 4,723,000

ENGINEERING DESIGN FEE $ 240,000

(1) Includes installation trenching and backfill (2) US HWY 81 (3) Union Pacific Railroad (4) Includes connector North of HWY 275 All construction costs include overhead and profit

5/3/2010 Enclosure 20 Page 55 of 69 Street Street Street th th th 7 18 25 US Hwy 81 US Hwy

Pasewalk Avenue

W al- M ar t U S H w y 27 5

Omaha Avenue

Goodyear Lift Station

rn Railroad Monroe Northweste hicago and C Lift Station

Monroe Avenue

Jackson Avenue

Legend: d a o r il Property Lines a R Southwest Interceptor Alignment ic if c Fourth Street a P n Ta-Ha-Zouka io n Lift Station U Fifth Street

Alternative One Alignment Figure Southwest Interceptor Study 1A 5/3/2010 Enclosure 20 Page 56 of 69 1530 .-~'--'--'--'-'r--'--r---r--'~-'--'---~-'-'~--'----'-'~--~-r------~-'--'I------'I------~'----r-, , .--,-, -r-, -----,-, --,--, Chicago and Northwestern RR -. - I I I f-- Omaha Ave and -..Twenty Fifth Street _ Twenty Fifth Street and HWY 275 f-- - Ground Elevation I I I I (Goodyear Lift Station) I i I f- _ Southwest Interceptor I I I r-- I Bike P~th -- -+-f--+-~-+-f--+-~-r-f--~ -+-f--+-~ -+-f--+-~ -r-f--+-~ -+ I I I I I I I I I

I I I I I I I

I I I / I I I I I

I I I / I I I I I MH at NE Corner of Twenty X +--+_ Union Pacific RR H ----.I/ H -+-f-- +-+ H +--+-+-+-+-+- Fifth Street and HWY 275 ~ -r+-+--+-+-f--+-~ -+-f--+-+-+-r+--1Monroe Ave and HWY 81 -+- 4- +- ++ -+-f--+- -++- I 1 V (Invert Out = 1521.6) 1520 +- -:------;--+----+- i-----i---t-- ---; (Ta Ha Zouka Lift Station 1320 Feet to South) ,..,...... I I I ~ -r+- Monroe Ave and Fifth Street ...... - Major Ditch/Drainage I I t--+-f--+-~-+-f--+- 1+~--1~---t""''''F---+-f--+-~-r-f--+-f--.tl/+/ (Typical) -CI> I ~ ~ CI> .... - t-+ -f--+-1t-+ H --t Monroe Lift Station I I I I-- LL I I I ....-r""..... I ".. ~ - ~ ~ - ...... I""" - I "..~ I I-- ~ v ~ - I I nvert I nto Goodyear I -- Lift Station = 1513.0 I : I I II I - Invert Into Monroe Lift / 1510 +-7-- -:--c-f---- H-----t- Station = 1505.8 '1.4\{\ct ".- _r"" ...... - I I I I ....r""r""~ I I I ...... - I : I I : I I I I I I / ~ .... !o""""'" I I - I I - I I I J I -~ .... 1505 ""'...... I - _...... r-r I I I I

....I--~I""'" ""'......

1500 ~-L~~~~~~-L~c-f--~-L~~~~-+-~-L~-L~-L+--L~~~~~~-L~c-f--~-L~~~~-+-~-L~-L~-L+--L~L+~~~~-L~c-f--~-L~ 0+00 10+00 20+00 30+00 40+00 50+00 60+00 70+00 80+00 90+00 100+00 110+00 120+00 130+00 140+00 150+00 160+00 170+00 180+00 Station (Feet)

J\JL Alternative One Lf\I"NORFOL K Profile Figure 111£'''BLACK & VEATCH 1B • Building s world of ditference~ Southwest Interceptor Study 5/3/2010 Enclosure 20 Page 57 of 69 Ground Elevation Ta Ha Zouka Interceptor

Ta Ha Zouka Lift Station

Intersection of HWY 81 and Monroe Avenue

Box Culvert and Drainage

Connect to Exist Sanitary Sewer at Flow Line Elevation of 1508.10 Ta Ha Zouka Interceptor Invert In = 1506.05 Southwest Interceptor Invert In/Out = 1506.00

Alternative One Ta Ha Zouka Interceptor Profile Figure Southwest Interceptor Study 1C 5/3/2010 Enclosure 20 Page 58 of 69 New Connecting Street Street Street th

Sewer th th 7 18 25 US Hwy 81 US Hwy

Pasewalk Avenue

W al- M ar t U S H w y 27 5

Omaha Avenue

Goodyear Lift Station

rn Railroad Monroe Northweste hicago and C Lift Station

Monroe Avenue

Jackson Avenue

Legend: d a o r il Property Lines a R Southwest Interceptor Alignment ic if c Fourth Street a P n Ta-Ha-Zouka io n Lift Station U Fifth Street

Alternative Two Alignment Figure Southwest Interceptor Study 2A 5/3/2010 Enclosure 20 Page 59 of 69 HWY 275

I )' - 1_ -S outhwest Interceptor - 1/ ..... 1525 +-H-+-+-H-+-+-H-+-+-H -+-+-1H-+-+-1-+-+-+-1-+-+-+-1-+-+-+-1-+-+-+-+-+-+-+-+-+-+-+-+-+-+v-.-+, +-+-+,-+...... ¥- +-+-++-+-+-+ +-+-+-++-+-+-++-+-+-+-+ Manholeon South Side of 275 'nv 1--+-+-+-+-+-+-+-t-+-+-+-t-+-+-+-t-+-+-+-t-+-+-+-t-+-+-+-t-+-+-+-1-+-+-+-1-+-+-+-1-+-+--t-i-+--vt-i-"'kcY"j-I'-+--t-i-+-+-+--+-++-+--+-+-+-+--+-++-+--+-++-t- = 1523.7 -----+-+-~H _+_+-1 ~ vI Union Pacific RR Monroe Ave and HWY 81 1/ I--+-+-+-+-+-+-+-t-+-+-+-t-+-+-+-f-+- (Ta Ha Zouka Lift Station 1320 1520 +-H-+-+-H-+-+-H-+-+-H -+-+-1- Feetto South) I Monroe Ave and I--+-+-+- Fifth Street 1--...... Major Ditch/Drainage

Z" I-+-r+--t--r-I,,~,,~-+-l-l--I--j-t-+-i-t-+-++-+--+-~I...-"+-""+~+-I-++-+-+-+-.J-+7'i"-/(TYPiCal) CI> Monroe Lift Station ....f--" .... I-"'" CI> 1 1M LL ~.... ~ ..~ ... ~... -~ 1-+~-t-r lt~t-r~t-,_+.... ~.... ~~ ~-t-r-+-rt-r~-t-r-+-rt-r~-t-r+-rt-r~-t-r+~t-r~-t-r+~t-r~-rt-+~t-r~~ _I-t-~ ...+ ~~... ~~ ~-t-r-+-rt-r~~~ ~t-r~-t- -t-i o 1515 r-+-t-~~ t-+-rt-+~1~r+ ~ t-+-rt-+~f-+~-t-~-t-r-+-t-r+~ t-+-rt-+~f-+~-t-~-t-r+-t-r+-rt-+-rt-+~f-+~~~-9~-t-r-+~t-+-rt-+-~~ ~f-+~-t-r-+-t-r+~t-+~ .- /'" .....V .. ~...... "'" .. ~... ~... n::s > I--+-/r-V+-+-+-+-I'-It-t-+-+-+-t-+-+-+-H-+-+-f- TaHa Zouka Lift Station ...... ~... r.;e'f'\ .. ~... ~... - I InvertIn = 1508.1 +-+-+-+-+-t-+-+-+-+-+-+-+-t-+-+-+-H,_-+-...+ ~-+-...cl.p""" _~"I"k1-=J--c+.7f1",..~1 1t1_,-1....:j;;~t _'i_"'""GGO~0;;;dy~e~aruLi!ftft~St;:;att;ion ~IIIHIIHIIHI I CI> IHI - ,..... h :1\.1'1' _~ Invert In = 1513.0 W 'I ..... ~...... I:;'D~~ p...... ~... ~

1IIIHlitHII+;;M~on::ro~e:Li~ft~St~at:io~n+-HII I,1/ I Hllltltl H I IoooH ...J ~::;j;"'~1""""1L"'fh\J(~:j~,~·~... "", ... "'" 1510 +-1-+-+-+-+-+--+f-I-+ -+-+- lnvert,In = 1505.8 1/ ...... ""' ...1"" 'l/'t" ...... ~......

/ ...... ~ ... P"'" / .....~ ......

1500 ~ -L~ ~~~ L+ ~LL ~-L~-L ~ -L~ ~~~ L+ ~LL~-L~-L ~ -L~ ~~~ L+ ~LL ~ -L~-L ~ -L~ ~~~ L+ ~LL ~ -L~-L ~ -L~ ~ LL~ L+ ~LL ~ 0+00 10+00 20+00 30+00 40+00 50+00 60+00 70+00 80+00 90+00 100+00 110+00 120+00 130+00 140+00 150+00 160+00 170+00 180+00 190+00 Station (Feet)

J\JL Alternative Two NORFOLK Lf"\I" Profile Figure 111£'''BLACK & VEATCH 2B • Building s world of ditference~ Southwest Interceptor Study 5/3/2010 Enclosure 20 Page 60 of 69 Street Street Street th th th 7 18 25 US Hwy 81 US Hwy

Pasewalk Avenue

W al- M ar t U S H w y 27 5

Omaha Avenue

Goodyear Lift Station

rn Railroad Monroe Northweste hicago and C Lift Station

Monroe Avenue

Jackson Avenue

Legend: d a o r il Property Lines a R Southwest Interceptor Alignment ic if c Fourth Street a P McKinley Avenue n Ta-Ha-Zouka Ta-Ha-Zouka io n Lift Station Park U Fifth Street

Alternative Three Alignment Figure Southwest Interceptor Study 3A 5/3/2010 Enclosure 20 Page 61 of 69 X

Alternative Three Profile Figure Southwest Interceptor Study 3B 5/3/2010 Enclosure 20 Page 62 of 69 Street Street Street th th th 7 18 25 US Hwy 81 US Hwy

Pasewalk Avenue

W al- M ar t U S H w y 27 5

Omaha Avenue

Goodyear Lift Station

rn Railroad Monroe Northweste hicago and C Lift Station

Monroe Avenue

Jackson Avenue

Legend: d a o r il Property Lines a R Southwest Interceptor Alignment ic if c Fourth Street a P McKinley Avenue n Ta-Ha-Zouka Ta-Ha-Zouka io n Lift Station Park U Fifth Street

Alternative Four Alignment Figure Southwest Interceptor Study 4A 5/3/2010 Enclosure 20 Page 63 of 69 X

Alternative Four Profile Figure Southwest Interceptor Study 4B 5/3/2010 Enclosure 20 Page 64 of 69

APPENDIX A

5/3/2010 Enclosure 20 Page 65 of 69 5/3/2010 Enclosure 20 Page 66 of 69

APPENDIX B

5/3/2010 Enclosure 20 Page 67 of 69 5/3/2010 Enclosure 20 Page 68 of 69 5/3/2010 Enclosure 20 Page 69 of 69