City Council Agenda Packet November 18, 2013

Agenda Packet

NORFOLK CITY COUNCIL MEETING

Monday, November 18, 2013 5:30 p.m.

Created 11/14/2013 1:22 PM

https://norfolkne.gov/ Page 1 of 57 309 N 5th Street Norfolk, NE 68701 P402-844-2012 F402-844-2028 right at home. www.ci.norfolk.ne.us

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, November 18, 2013, in the Council Chambers, 309 N. 5th St., Norfolk, Nebraska, which meeting will be open to the public. The Mayor and City Council reserve the right to adjourn into closed session as per Section 84-1410 of the Nebraska Revised Statutes. An agenda for such meeting, kept continually current, is available at the office of the City Clerk, 309 N 5th St, Norfolk Nebraska, during normal business hours. Individuals requiring physical or sensory accommodations, who desire to attend or participate, please contact the City Clerk's office at (402) 844-2000 no later than 4:30 p.m. on the Friday preceding the meeting.

Elizabeth A. Deck City Clerk Publish (November 15, 2013) 1 P.O.P.

Page 2 of 57 AGENDA NORFOLK CITY COUNCIL MEETING November 18, 2013 In accordance with Section 84-1412 sub-section eight (8) of the Reissue Revised Statutes of the State of Nebraska 1943, as amended, one copy of all reproducible written material to be discussed is available to the public at this meeting for examination and copying. The Mayor and City Council reserve the right to adjourn into closed session as per Section 84-1410 of the Nebraska Revised Statutes.

CALL TO ORDER 1. 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 November 4, 2013, City Motion Council meeting. 8. Consideration of approval of the minutes of the November 13, 2013 Joint Motion Governing Work Session meeting. 9. Consideration of approval to advertise for a Custom 1500 GPM Sidemount Motion Engine for use by the Norfolk Fire Division. 10. Consideration of approval of the low bid of $59,900 received by Rueter's Motion Equipment for a replacement excavator and tractor backhoe to be used by the Street and Water Departments. 11. Consideration of approval of permanent easement contract and permanent Motion easement deed from PEM XII. LLC for property along US Highway 81 for an amount of $18,200.00.

Page 3 of 57 - 2 -

12. Consideration of approval of an addition to The Depot, 211 Northwestern Motion Avenue, liquor license to include an outdoor area for a beer garden. 13. Consideration of approval of the appointment of Jessica Gordon to the Motion Vehicle Parking District Loan Advisory Board for a four-year term ending October 2017. 14. Consideration of approval of an agreement with Downtown Norfolk Motion Association to hold a Christmas Festival in downtown Norfolk on Tuesday, November 26, 2013, and to decorate the City's tree located in the 100 block of North 7th Street for the 2013 Christmas holiday season. 15. Consideration of approval of an agreement with Jordan Taylor, dba Nebraska Motion Lawdawgs, allowing the use of Memorial Field for a league championship football game on Saturday, November 23, 2013. 16. Consideration of approval of an easement agreement with Gerhold, Inc. for a Motion donated easement for the Southwest Water Transmission Main project generally located along Omaha Avenue, 25th Street and the extension of Monroe Avenue in or near Norfolk. 17. Consideration of approval of the Mayor's re-appointment of Bill Canham, Motion Jan Einspahr, Jim Mangels, Cindy Morrow, and Aaron Otten, to the Economic Development Citizens Advisory Review Committee for additional three-year terms expiring October 31, 2016. 18. Consideration of approval authorizing the dental division of Ameritas to Motion administer the City's group dental plan. 19. Consideration of approval of all bills on file. Motion

SPECIAL PRESENTATIONS 20. Street Projects Update: 20th Street and 18th Street 21. Townhall meeting to receive comments on the Northeast Nebraska Solid Waste Coalition (NNSWC) budget and rates for the fiscal year ending September 30, 2014.

Page 4 of 57 309 N 5th Street Norfolk, NE 68701 P402-844-2012 F402-844-2028 right at home. www.ci.norfolk.ne.us

STAFF MEMORANDUM NORFOLK CITY COUNCIL MEETING November 18, 2013

CONSENT AGENDA 7. Consideration of approval of the minutes of the November 4, 2013, City Motion Council meeting.

See Enclosure 7.

8. Consideration of approval of the minutes of the November 13, 2013 Joint Motion Governing Work Session meeting.

See Enclosure 8.

9. Consideration of approval to advertise for a Custom 1500 GPM Sidemount Motion Engine for use by the Norfolk Fire Division.

Page 5 of 57 Staff Memorandum - 2 - City Council Meeting November 18, 2013 10. Consideration of approval of the low bid of $59,900 received by Rueter's Motion Equipment for a replacement excavator and tractor backhoe to be used by the Street and Water Departments.

On October 7, the Norfolk City Council approved advertisement of bids for a replacement excavator and tractor backhoe to be used by the Street and Water Departments. On November 1, three bids were received from two Vendors with the low bid of $59,900 received from Rueter's Equipment.

See Enclosure 10.

11. Consideration of approval of permanent easement contract and permanent Motion easement deed from PEM XII. LLC for property along US Highway 81 for an amount of $18,200.00.

This permanent easement is for the construction and maintenance of a sanitary sewer main for the Southwest Sanitary Sewer Interceptor Phase I project. Staff request approval of this permanent easement contract and permanent easement deed from PEM XII. LLC for an amount of $18,200.00.

See Enclosure 11.

12. Consideration of approval of an addition to The Depot, 211 Northwestern Motion Avenue, liquor license to include an outdoor area for a beer garden.

The City received information from the Nebraska Liquor Control Commission on a request to expand The Depot liquor licensed area. The new licensed premise description will be a one story building 148' x 226' including outdoor area approximately 56' x 34' on the northeast corner, also includes balcony and office area.

See Enclosure 12.

13. Consideration of approval of the appointment of Jessica Gordon to the Motion Vehicle Parking District Loan Advisory Board for a four-year term ending October 2017.

The City of Norfolk's Vehicle Parking District Revolving Loan Fund Program is administered by a loan advisory board. This board is comprised of two members of the City Council, a representative of the Norfolk business community and two Norfolk bankers. The non-Council members are selected by the Vehicle Parking District Advisory Board and approved by the City Council. Board members can serve two consecutive terms. Jessica Gordon will replace Kathy Svik as her second term expired October 2013.

Page 6 of 57 Staff Memorandum - 3 - City Council Meeting November 18, 2013 Included in the agenda package is a copy of the Vehicle Parking District Advisory Board's November 6, 2013 minutes appointing Jessica Gordon to the Loan Advisory Board. This appointment must be approved by the City Council.

See Enclosure 13.

14. Consideration of approval of an agreement with Downtown Norfolk Motion Association to hold a Christmas Festival in downtown Norfolk on Tuesday, November 26, 2013, and to decorate the City's tree located in the 100 block of North 7th Street for the 2013 Christmas holiday season.

The Christmas Festival will require the closing of Norfolk Avenue between 6th Street and 7th Street, two customer parking stalls in the parking lot at 112 W. Norfolk Avenue, and parking stalls in front of The Kensington from 2:00 p.m. until 8:00 p.m. on Tuesday, November 26, 2013. It will further require the closing of four customer parking stalls in the parking lot at 3rd Street and Norfolk Avenue from 7:00 a.m. on November 26, 2013 to 9:00 a.m. on November 27, 2013. The event will include horse-drawn carriage rides and hayrack rides on the open street, and small campfires in self-contained steel fire pits.

See Enclosure 14.

15. Consideration of approval of an agreement with Jordan Taylor, dba Nebraska Motion Lawdawgs, allowing the use of Memorial Field for a league championship football game on Saturday, November 23, 2013.

The agreement calls for insurance coverage and includes an access fee of $1,500 payable to the City.

See Enclosure 15.

16. Consideration of approval of an easement agreement with Gerhold, Inc. for a Motion donated easement for the Southwest Water Transmission Main project generally located along Omaha Avenue, 25th Street and the extension of Monroe Avenue in or near Norfolk.

This agreement is for the donation of a permanent and temporary easement for the construction and maintenance of a water transmission main along 25th Street.

Staff recommend approval of this easement agreement with Gerhold, Inc.

See Enclosure 16.

Page 7 of 57 Staff Memorandum - 4 - City Council Meeting November 18, 2013 17. Consideration of approval of the Mayor's re-appointment of Bill Canham, Motion Jan Einspahr, Jim Mangels, Cindy Morrow, and Aaron Otten, to the Economic Development Citizens Advisory Review Committee for additional three-year terms expiring October 31, 2016.

The Citizen Advisory Review Committee was established by Ordinance No. 5121 and consists of five registered voters of the City of Norfolk serving on the Committee pursuant to Nebraska Revised Statutes Section 18-2715. The Committee meets at least once every six months to review the function and progress of the City's Economic Development Program and advise the Council with regard to the program.

18. Consideration of approval authorizing the dental division of Ameritas to Motion administer the City's group dental plan.

As part of the transition resulting from the City's third party administrator, First Administrators, Inc. (FAI), being dissolved at the end of this calendar year the administration of the dental claims has been reviewed.

The City's group health consultants, National Insurance Services (NIS), recommends the utilization of the dental division of Ameritas to administer the City's dental claims. Our current administration of dental claims with FAI has been $2.00 per employee per month with an annual cost of $4,776. The amount that Ameritas would charge is $4.50 per month with an annual cost of $10,746.

Up to this point the dental portion of the group health plan has not been a part of a Preferred Provider Organization (PPO). Ameritas has extensive PPO networks. NIS representatives believe that being a part of this network will provide access to deeper discounts and save the City of Norfolk a minimum of 12.5% of total dental claims. Based on that percentage, the savings to the City of Norfolk would be at a minimum $17,000. NIS recommends the change to Ameritas.

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

SPECIAL PRESENTATIONS 20. Street Projects Update: 20th Street and 18th Street

21. Townhall meeting to receive comments on the Northeast Nebraska Solid Waste Coalition (NNSWC) budget and rates for the fiscal year ending September 30, 2014.

This townhall meeting is being held to receive comments on the NNSWC budget and rates for the fiscal year ending September 30, 2014. According to the NNSWC interlocal agreement, a townhall meeting is held in the three

Page 8 of 57 Staff Memorandum - 5 - City Council Meeting November 18, 2013 largest communities each year to review the Coalition's proposed budget and rates. Included in the agenda packet is a proposed budget for the fiscal year ending September 30, 2014 that leaves rates unchanged at $24 per ton, and assumes Waste Connections continues operation of the Coalition landfill with no fee increase.

Balance forward increases $512,274 going from $2,884,088 budgeted last year to $3,396,362 this year. This increase is due to normal operation of the Coalition.

Use fees increase $16,224 or 0.67% due to a 1,248 increase in budgeted tonnage for special wastes. With tipping fees at $24.00 per ton, budgeted use fees are $2,440,188. Interest income of $7,300 is the estimate of interest to be earned at .2% on average balance available for investment.

Total Coalition expenditures increase $102,185 or 5.52% from $1,849,895 last year to $1,952,080 this year.

Personnel costs increase $3,612 or 3.55% due to a 1.5% cost of living adjustment, a 0.5% increase in employer pension match, and an increase in health insurance premiums. The Coalition follows Norfolk's personnel policies to the extent practical. Norfolk budgeted a 1.5% cost of living adjustment. Norfolk's policy is to maintain comparable benefits between employee groups to the extent allowed by Statutes. LB 1082 increased the police pension contribution from 6% to 6.5% of salary effective October 1. 2013. Because of this Norfolk increased the general employee pension match from up to 6% of salary to 6.5% of salary. The Coalition's budget therefore includes a pension increase from 6% to 6.5% of salary.

Disposal fees increase $19,104 or 1.86% due to an increase in special waste tonnage and fees. Also increasing is interfund operating transfer out which increases $2,400 to $164,200. This transfer is the closure/post closure funding for 2013. Machinery and equipment is budgeted at $77,000 and consists of $57,000 for a scale, $18,000 for a pickup, and $2,000 for a generator.

Also included in the agenda packet is the Closure/Post Closure Care Fund budget. As discussed earlier, the transfer from the operating fund increases $2,400 from $161,800 last year to $164,200 this year. Total funds available for Closure/Post Closure increase 8.29% from $5,092,292 last year to $5,514,423 this year. $239,800 of the increase is due to interest earnings and $164,200 is due to current year funding.

See Enclosure 21.

Page 9 of 57 COUNCIL 2013 NOV4.2013 BK NO 55 Page 1 of 6

CITY OF NORFOLK, NEBRASKA

The Mayor and City Council of the City of Norfolk, Nebraska met in regular session in the Council Chambers, 309 North 5th Street, Norfolk, Nebraska on the 4th day of November, 2013, 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 Councilmembers present: Dale Coy, Jim Lange, Rob Merrill, Shane Clausen, Thad Murren, Josh Moenning, Dave Fauss, and Dick Pfeil. Absent: None. Staff members present were: City Administrator Shane Weidner, Director of Public Works Dennis Smith, City Attorney Clint Schukei, City Clerk Beth Deck, Police Chief Bill Mizner, Wastewater Plant Superintendent Todd Boling, Information Systems Manager Jim McKenzie, Human Resources Director Sheila Schukei, Fire Chief Scott Cordes, Prevention Manager Trent Howard, Assistant City Engineer Mark Dolechek, Water & Sewer Director Dennis Watts, Library Director Jessica Chamberlain, Operations Manager Gary Miller and Administrative Secretary Bethene Hoff.

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

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

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

Agenda Motions

Councilmember Merrill moved, seconded by Councilmember Fauss to approve the consent agenda as printed. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried.

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

Consent Agenda Items Approved

Minutes of the October 21, 2013, City Council meeting

Norfolk Country Club Quit Claim Deed for a portion of Part of Tax Lot 9 in the SW 1/4 of the SE 1/4 of Section 15, Township 24 North, Range 1 West of the 6th P.M., Madison County, Nebraska to clear potential title issues at the request of American Title & Escrow

11/18/2013 Enclosure 7 Page 10 of 57 COUNCIL 2013 NOV4.2013 BK NO 55 Page 2 of 6

Erin Beckenhauer, doing business as Norfolk Bruizin' Bettys, agreement to use the City Auditorium on November 30, 2013 for a roller derby and for the sale of alcohol at the event

Special Designated Liquor License for Ottis, Inc., to serve beer and distilled spirits at the Norfolk City Auditorium, 127 North 1st Street, Norfolk, Nebraska, on Saturday, November 30, 2013, from 4 p.m. to 12 a.m. in conjunction with a roller derby match

Special Designated Liquor License for Trinity Episcopal Church, 111 S 9th Street, to serve beer, wine and distilled spirits on Friday, December 6, and Saturday, December 7, 2013, from 6:30 p.m. to 12:30 a.m. for a fundraising event

Special Designated Liquor License for Trinity Episcopal Church, 111 S 9th Street, to serve beer, wine and distilled spirits on Friday, December 20, and Saturday, December 21, 2013, from 6:30 p.m. to 12:30 a.m. for a fundraising event

Special Designated Liquor License for Fine Wine, LLC, Jim's Fine Wine & More, 2001 Market Lane, to serve beer, wine and distilled spirits at the Norfolk City Auditorium, 127 North 1st Street, Norfolk, Nebraska, on February 5, 2014, with an alternate date of February 6, 2014, from 5 p.m. to 11 p.m., in conjunction with a fundraiser

Advertise for bids for reconditioning of a belt filter press at the Water Pollution Control Plant

Elkhorn Paving Construction Company, Inc. Change Order No. 1 for additional trucking of dirt to the Water Pollution Control Plant located at 610 E. Monroe Avenue from the 20th Street Project in the amount of $8,694.00

D.J. Gongol & Associates, Inc. bid for grit pumping equipment at the Water Pollution Control Plant for a total of $16,505.00

Vulcan Industries, Inc. bid for grit washing equipment at the Water Pollution Control Plant for a total of $113,750.00

Olsson Associates letter agreement for the Prospect Avenue, 4th to 7th Street, Project including design for street reconstruction and evaluation of the storm sewer capacity along with potential recommended improvements for an amount not to exceed of $61,500.00

Bills in the amount of $1,363,779.77

Special Presentations

The Mayor proclaimed November 2013 as "Read Aloud To A Child Month".

Assistant City Engineer Mark Dolechek provided a Street Projects Update - Michigan Avenue, 20th Street, and 18th Street. Michigan Avenue is done and will be open to the public on November 5, 2013; 20th Street project is progressing well; and the 18th Street project final pour is completed; panel replacement will begin this week and take approximately 3 weeks to complete.

11/18/2013 Enclosure 7 Page 11 of 57 COUNCIL 2013 NOV4.2013 BK NO 55 Page 3 of 6

Public Hearings and Related Items

Public Hearing (Eagle Ridge Management, zone change, 800 Wood Street)

A public hearing was held to consider a zoning change from R-1 (Single Family Residential District) to R-2 (One and Two Family Residential District) at 800 Wood Street at the request of Eagle Ridge Management, LLC. Brian Brasch, on behalf of Eagle Ridge Management, spoke in favor of the zoning change and plans to build a duplex on the lot. Preventions Manager Trent Howard provided information to the Mayor and City Council.

On October 22, 2013, the Norfolk Planning Commission held a public hearing regarding the City zone change. The City Clerk read the Planning Commission’s recommendation for approval into the record.

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

Ordinance No. 5272 (zone change, 800 Wood Street)

Councilmember Fauss introduced, seconded by Councilmember Lange, Ordinance No. 5272 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: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5272 passed on first reading.

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

Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule requiring reading on three different days was suspended for consideration of said ordinance.

Thereafter Councilmember Fauss moved, seconded by Councilmember Merrill, that the statutory rules requiring reading on three different days be suspended and for final passage of the ordinance. The Mayor then stated the question "Shall Ordinance No. 5272 be passed and adopted?"

Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor signed and approved the ordinance and the City Clerk attested the passage and adoption of the

11/18/2013 Enclosure 7 Page 12 of 57 COUNCIL 2013 NOV4.2013 BK NO 55 Page 4 of 6

same and affixed her signature thereto. The Mayor then instructed the City Clerk to publish said Ordinance No. 5272 as required by law. Regular Agenda Items

CNIC Health Solutions, health plan third party administrator Councilmember Coy moved, seconded by Councilmember Fauss, to approve CNIC Health Solutions as third party administrator for the City of Norfolk’s health plan which includes utilizing the City's current pharmacy provider, preferred provider network and re-insurance company. Human Resources Director Sheila Schukei provided information to elected officials. Staff worked with National Insurance Service (NIS), the City’s consultant for the health plan request for proposals. Three companies were interviewed on October 17, 2013. City staff and NIS recommend awarding the proposal to CNIC Health Solutions as the Third Party Administrator, Excess Risk for re-insurance, Medco as the pharmacy benefits manager, and Midlands Choice as the preferred provider network. The total fixed costs are $260,725.36. Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. Hadar Rural Fire Protection District agreement (transfer fire truck) Councilmember Merrill moved, seconded by Councilmember Murren, to approve an agreement with Hadar Rural Fire Protection District to transfer a 1989 Ford fire truck to the Hadar Rural Fire Protection District for $1.

Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried.

Ordinance No. 5273 (sewers and sewage disposal)

Councilmember Coy introduced, seconded by Councilmember Lange, Ordinance No. 5273 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO AMEND SECTION 26-64 OF THE OFFICIAL CITY CODE TO PROVIDE FOR A DECISION OF THE CITY ENGINEER RELATED TO SEWERS AND SEWAGE DISPOSAL TO BE APPEALED TO THE MAYOR AND CITY COUNCIL RATHER THAN AN AD HOC BOARD; 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: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5273 passed on first reading.

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

11/18/2013 Enclosure 7 Page 13 of 57 COUNCIL 2013 NOV4.2013 BK NO 55 Page 5 of 6

Thereafter Councilmember Fauss moved, seconded by Councilmember Murren, that the statutory rules requiring reading on three different days be suspended and for final passage of the ordinance. The Mayor then stated the question "Shall Ordinance No. 5273 be passed and adopted?" Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. The passage and adoption of said ordinance having been concurred in by a majority of all members of the Council, the Mayor signed and approved the ordinance and the City Clerk attested the passage and adoption of the same and affixed her signature thereto. The Mayor then instructed the City Clerk to publish said Ordinance No. 5273 as required by law. Ordinance No. 5274 (comprehensive fee schedule) Councilmember Lange introduced, seconded by Councilmember Fauss, Ordinance No. 5274 entitled: AN ORDINANCE OF THE CITY OF NORFOLK, NEBRASKA TO AMEND SECTION 2-5 OF THE OFFICIAL CITY CODE TO UPDATE THE COMPREHENSIVE FEE SCHEDULE RELATED TO GARBAGE AND TRASH, APPEALS RELATED TO SEWERS AND SEWAGE DISPOSAL, PLAT COPY FEES, AND SWIMMING LESSONS; 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: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. Ordinance No. 5274 passed on first reading.

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

Thereafter Councilmember Fauss moved, seconded by Councilmember Lange, that the statutory rules requiring reading on three different days be suspended and for final passage of the ordinance. The Mayor then stated the question "Shall Ordinance No. 5274 be passed and adopted?"

Roll call: Ayes: Councilmembers Coy, Lange, Merrill, Clausen, Murren, Moenning, Fauss and Pfeil. Nays: None. Absent: None. Motion carried. The passage and adoption of said

11/18/2013 Enclosure 7 Page 14 of 57 COUNCIL 2013 NOV4.2013 BK NO 55 Page 6 of 6

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. 5274 as required by law.

Administrative Report

Operations Manager Gary Miller presented the 2013 Snow and Ice Plan and said the plan is very similar to the previous years.

There being no further business, the Mayor declared the meeting adjourned at 6:04 p.m.

______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, November 4, 2013, 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 )

11/18/2013 Enclosure 7 Page 15 of 57 WORK SESSION Joint Governing NOV13.2013 Page 1 of 2

WORK SESSION JOINT GOVERNING MEETING

The Mayor and City Council of the City of Norfolk, Nebraska met with representatives from the Northeast Community College Board of Governors, the Norfolk Public School Board and the Madison County Commissioners on Wednesday, November 13, 2013, beginning at approximately 12:00 p.m. at Perkins Restaurant, 1229 West Omaha Avenue, Norfolk, Nebraska.

Mayor Sue Fuchtman called the meeting to order.

Roll call found the following City Council members present: Mayor Sue Fuchtman and Councilpersons Pfeil and Moenning. Absent: Coy, Clausen, Fauss, Lange, Merrill and Murren. A quorum of the Norfolk City Council was not present at the meeting.

Staff members present were City Administrator Shane Weidner and City Clerk Beth Deck.

Others present were:

Norfolk Public Schools – Sandy Wolfe, Brad Krivohlavek, and Dr. Jami Jo Thompson Madison County -- Lee Klein, Jerry McCallum, Christian Ohl and Nancy Scheer Northeast Community College – Dr. Mike Chipps, Dr. John W. Davies and Dirk Petersen

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.

Mayor Fuchtman informed the public about the location of the current copy of the Open Meetings Act available in the meeting room and accessible to members of the public.

City of Norfolk – City Administrator Shane Weidner updated attendees on the status of Highway 275 expansion, whether as an expressway or four-lane highway. Vehicle count is an important factor in expansion of the highway. Further meetings will be held with communities along the route to discuss getting the project into the State Department of Roads 20-year plan with hopes of Columbus being reciprocal in supporting the effort since the City of Norfolk supported Columbus’ efforts to expand Highway 30.

Dirk Petersen, Nucor Steel, stated that if the Highway 275 expansion could at least continue from Tony’s Steakhouse, located east of Norfolk, to Highway 15 south of Wayne it would be a good start to the project and take care of 60-70% of the real issues with traffic.

Weidner discussed the proposed Rural Water District south of Norfolk. Norfolk needs to protect its southern boundary but is supportive of the project and is a possible water source for the Rural Water District. The City of Madison is also a possible water source for the District. However, at this time, a study of the proposed district is almost complete and indicates the infrastructure would be very expensive for the Rural Water District project.

The group briefly discussed a possible partnership between the City of Norfolk and Northeast Community College on a looped trail system on the campus.

11/18/2013 Enclosure 8 Page 16 of 57 WORK SESSION Joint Governing NOV13.2013 Page 2 of 2

Weidner stated the City will be watching the Legislature in 2014 regarding LB 84 (sales tax expansion), which may be repealed; and LR29CA (TIF financing), which would expand repayment of the bonds from 15 to 20 years and also change the “blighted and substandard” language.

Northeast Community College – Dr. Chipps provided an update on the addition of 200 college housing units on campus. A private/public partnership is being considered which will provide a shorter term than the issuance of normal bonds. Chipps indicated the project will take approximately two years to complete.

Norfolk Public Schools – Dr. Jami Jo Thompson stated the school district is working on an overall strategic plan as well as expanding partnerships within the community.

Madison County – Commissioner Lee Klein stated Madison County bridges are being repaired/updated and the Northeast Industrial Highway project is progressing well.

There being no further discussion, the meeting adjourned at 1:20 p.m.

______Sue Fuchtman Mayor ATTEST:

______Elizabeth A. Deck City Clerk

( S E A L )

11/18/2013 Enclosure 8 Page 17 of 57 CITY OF NORFOLK % STREETS & WATER - Excavator & Tractor Backhoe BIDS DUE - Noon 11/01/2013

VENDOR Excavator Model Tractor Backhoe Package w/Trade Comments / Descr

Rueters Kubota KX 080 JCB 3CX $ 59,900.00

Titan Machinery Case CX 80 Case 580 SN $ 124,887.00

Alternate Bid 2012 CX 80 " " $ 114,887.00

11/18/2013 Enclosure 10 Page 18 of 57 STATE OF NEBRASKA LOCAL POLITICAL SUBDIVISION ACQUISITION CONTRACT PERMANENT EASEMENT - LIMITED LIABILITY COMPANY Copies to: 1. Owner Project: SW Sanitary Sewer Interceptor Phase I 2. Buyer Control No.: -,;-______Tract No.: -'2=-______

THIS CONTRACT, made and entered into this Qg ~ay of ----'C2-L.l.C.Ltoftl

PERMANENT EASEMENT

WITNESSETH: In consideration of the payment or payments as specified below, the OWNER hereby agrees to execute to the BUYER, a Permanent Easement which will be prepared and furnished by the BUYER, to certain real estate described in:

SEE ATTACHED EXHIBITS "A"

It is understood that the easement area(s) may be used for the temporary relocation of utilities during the construction of the project.

The BUYER agrees to purchase the above described Permanent Easement(s) and to pay, therefore, upon the delivery of said executed Permanent Easement Deed. If the OWNER so desires, they shall have the right to receive 100% of the final payments due under this contract prior to vacating the premises being acquired.

I Approximately 13,233.00 sq. ft. at -,,$ ___..:2:.:.c.7,,5,-- per sq. ft. x 50% $ 18,195.38 ! I Approximately sq. ft. at $ per sq. ft. $ I Approximately sq. ft. at $ per sq. ft. $ I Moving and replacing approximately rods offence at --"$ ____ per rod --".$------.; I Moving and replacing approximately rods offence at --"$ ____ per rod --=-$------.; \ Other Damages: $ I $

i L ...... IQ!~!, ...;:;.$ ~1,;,;8:J:,2:;0;;:0,;,;.0~o..;;®:....i It is agreed and understood that the BUYER is hereby granted an immediate right of entry upon the premises described above.

The above payments shall cover all damages caused by the establishment and construction of the above project except for CROP DAMAGE, if any, which will be paid for in an amount based on the yield from the balance of the field less expenses of marketing and harvesting. CROP DAMAGE shall mean damage to such crops as are required to be planted annually and which were planted at the time of the signing of this contract and which are actually damaged due to construction of this project, but in no case shall damages be paid for more than one year's crop. The OWNER agrees to make a reasonable attempt to harvest any crop so as to mitigate the crop damage.

If any other party shall hold any encumbrance against the aforementioned property at the time of delivery of the aforementioned property, such payments as are due under this contract shall be made to the OWNER jointly with the party or parties holding such encumbrance, unless said party or parties holding such encumbrance shall have in writing waived their right to receive such payment.

Expenses for partial release of mortgages will be paid by the BUYER, if required.

This contract shall be binding on both parties as soon as it is executed by both parties, but should none of the above real estate be required, this contract shall terminate upon the payment of $10.00 by the BUYER to the OWNER.

This contract may be executed in more than one copy, each copy of which, however, shall serve as an original for all purposes, but all copies shall constitute but one and the same contract.

11/18/2013 Enclosure 11 Page 19 of 57 REMARKS

THIS IS A LEGAL AND BINDING CONTRACT - READ IT. The representative of the BUYER, in presenting this contract has given me a copy and explained all its provisions. A complete understanding and explanation has been given of the terminology, phrases, and statements contained in this contract. It is understood that no promises, verbal agreements or understanding, except as set forth in this contract, will be honored by the BUYER.

OWNER: PEM XII, LLC, a Nebraska Limited Liability Company

LIMITED LIABILITY COMPANY ACKNOWLEDGMENT

STATE OF fVG":-64-t't5141't ) ) ss. COUNTY OF rDo~tP 4t S )

Dated this Ztl:Aday of t!)C-rD"" t'£/L. . 2013, before me, a General Notary Public duly commissioned and qualified, came RIC, H/1-R]) L-, 6t>,.$A Ef?-T Managing Partner of PEM XII, LLC, a Nebraska Limited Liability Company, to me personally known to be the respective officer of said Limited Liability Company and the identical person whose name is affixed to the foregoing instrument, and acknowledged the execution thereof to be his respective voluntary act and deed as such officer and the voluntary act and deed of said Limited Liability Company.

WITNESS my hand and Notarial Seal the day and year above written.

GfNEIlAL NOTARY· SIaIe of Nebraska DAVID MININO My Comm. Exp. Aug. 22. 2615

Notary Seal

BUYER: CITY of NORFOLK, NEBRASKA

By: ______

STATE OF NEBRASKA ) ) ss. COUNTY OF ~M~A~D!>iIS~O~N'______)

Dated this __ day of ______~ . ..t,2~0~13, before me, a General Notary Public, duly commissioned and qualified, personally came ______

to me known to be the identical person(s) whose name(s) affixed to the foregoing instrument as buyer(s) and acknowledged the same to be a voluntary act and deed.

WITNESS my hand and Notarial Seal the day and year last above written.

Notary Seal NOTARY PUBLIC

11/18/2013 Enclosure 11 Page 20 of 57 s:\~ 10S221\survey\ldd-l105221\dwg\Survey\Topo\1105221 su - CHAD.dwg EXH IB iT IIA" . SEP-29-2011 12:39:02 emarsh

S 56"48'1'· £ 26.00'

0' 50' LOT 6-R AMPRIDE INC, THIRD ADDITION ~ - PERMANENT EASEMENT

TRACT 2 PEM XII A TTN; CUBBY CORP, OFFICE 1303 TA HA ZOUKA DR.

S 01'23'17" E 20.18'

____--:=-=::--=~__::::::::::;;_;::;-_;:;:;:;:;:;;:;;;;;-__:::==~/~~.~:~:, OF BEGINNING V'LU "fJJLU "ll(j)(JJfJJLU IJ)lBDr!ll1 PERMANENT EASEMENT

DESCRIPTION - PERMANENT EASEMENT A TRACT OF LAND LOCATED IN LOT 6-R, AMPRIDE INC. THIRD ADDITION TO MADISON COUNTY, NEBRASKA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE S 8759'25" W (ASSUMED BEARING), 24.77 FT. ON THE SOUTH LINE OF SAID LOT; THENCE N 01'32'52" W, 36.00 FT.; THENCE S 8728'14" W, 10.00 FT.; THENCE N 01'32'52" W. 469.05 FT. TO THE NORTH LINE OF SAID LOT; THENCE S 56'48'''" E, 26.00 FT. ON SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID LOT; THENCE S 02'52'51" E. 369.78 FT. ON THE EAST LINE OF SAID LOT; THENCE S 04'19'36" E. 100.12 FT. ON SAID EAST LINE; THENCE S 01'23"7" E. 20.18 FT. ON SAID EAST LINE TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS.

LOT 6-R --, '::" I~' I PERMANENT SANITARY EASEMENT I AMPRIDE INC, THIRD ADDITION ::;: .\':" NORFOLK SW INTERCEPTOR SEWER I 110M2! NORFOLK NEBRASKA 1 11/18/2013 Enclosure 11 Page 21 of 57 RETURN TO: City of Norfolk, Attention: Public Works Director, 309 North 5th Street, Norfolk, Nebraska 68701 PERMANENT EASEMENT POLITICAL SUB·DIVISION·LlMITED LIABILITY COMPANY

PROJECT: SW SANITARY SEWER INTERCEPTOR PHASE I TRACTS: _2=---___

KNOW ALL MEN BY THESE PRESENTS:

THAT PEM XII, LLC, a Nebraska Limited Liability Company

organized and existing under and by virtue of the laws of the State of Nebraska, hereinafter known as the Grantor, for and in consideration of the sum of EIGHTEEN THOUSAND TWO HUNDRED and NO/100 DOLLARS ($18,200.00) in hand paid, does hereby grant and convey unto CITY OF NORFOLK, NEBRASKA, hereinafter known as the Grantee, and to its successors and assigns the right to construct, maintain and operate a sanitary sewer and appurtenances thereto, in, through, and under or over the parcel of land described as follows, to-wit:

SEE ATTACHED EXHIBIT "A"

The abandonment of said permanent easement for the purposes described herein shall render this conveyance void and cause said permanent easement to revert to said Grantor and to its successors and assigns.

Du Iy executed th is :?:kti:. day of ",8",c",,'",r 6?",.-"t5.",~==tz...=-- _____~. 2",0"--1,,,,3.

PEM XII, LLC a Nebraska Limited Liability Company By:&daad~ Managing Partner

STATE OF tV€":B,€.-A-S i4X ) )ss COUNTY OF ;:;:X) (("4 LIt.s )

On this ~ay of tTe:.77!J£€r--- ,2013, before me a General Notary Public, duly commissioned and qualified, came RIC itf!:1Cl? L,. (,OSI4:=R..7 Managing Partner of PEM XII, LLC, a Nebraska Limited Liability Company, to me personally known to be the respective officer of said Limited Liability Company and the identical person whose name is affixed to the foregoing instrument, and acknowledged the execution thereof to be his respective voluntary act and deed as such officer and the voluntary act and deed of said Limited Liability Company.

WITNESS my hand and notarial seal the day and year last above written.

GENEHALNOTARY· Slate of Nebr.iska DAVID MININO My ClImm. flip. Aug. 22, 2015 Notary Public (S E A L)

11/18/2013 Enclosure 11 Page 22 of 57 S:\'105221\survey\ldd-1105221\dwg\Survey\Topo\1105221su - CHAD.dwg EXHIBIT HA" , SEP-29-2011 12:39:02 cmorsh

S 56'48'11" £ 26.00'

0' 50' LOT 6-R r-.I*~ AMPRIDE INC. THIRD ADDITION ~ - PERMANENT EASEMENT

TRACT 2 PEM XII A TTN; CUBBY CORP. OFFICE 1:50:5 TA HA ZOUKA OR,

S 8728"4"' W 10.00' S 01"23',r E 20.18"

----~=_=::_==___:::::;:::::;::_;__-~~;;;:;;;-_:=::::~i~"-·~~~ OF BEGINNING 'illiJeflJliJ=ll@([J(fJ1iJ [j){f]Dr!J11 S 87'59'~~."7~ PERMANENT EASEMENT

DESCRIPTION - PERMANENT EASEMENT A TRACT OF LAND LOCA TED IN LOT 5-R, AMPRIDE INC. THIRD ADDITION TO MADISON COUNTY. NEBRASKA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT; THENCE S 87'59'25" W (ASSUMED BEARING), 24.77 FT. ON THE SOUTH LINE OF SAID LOT; THENCE N 01':52'52" W. 36.00 FT.; THENCE S 87'28'14" W. 10.00 FT.; THENCE N 01'32'52" W. 459.05 FT. TO THE NORTH LINE OF SAID LOT; THENCE S 56'48'11" e. 26.00 FT. ON SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID LOT; THENCE S 02'52'51" E, 369.78 FT. ON THE EAST LINE OF SAID LOT; THENCE S 04'19'36" E, 100.12 FT. ON SAID EAST LINE; THENCE S 01'2:5'1 r Eo 20.18 FT. ON SAID EAST LINE TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES MORE OR LESS.

LOT 6-R SH~" I~' I PERMANENT SANITARY EASEMENT I AMPRIDE INC. THIRD ADDITION ::;: _~ NORFOLK SW INTERCEPTOR SEWER I 1105221 NORFOLK 11/18/2013 Enclosure 11 Page 23 of 57 STATE OF NEBRASKA

Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION Governor Hobert B. Rupe Executive Director 301 Centennial Mall South, 5th Floor P.O. Box 95046 lincoln, Nebraska 68509-5046 Phone (402) 471-2571 Fax (402) 471-2814 TRS USER 800 833-7352 (TTY) November 4, 2013

NORFOLK CITY' CLERK 309 N 5th STREET NORFOLK NE 687014199

Dear Clerk

The below licensee has requested an ADDITION:

LICENSE #: C-045562

LICENSEE NAME: OTTIS INC

TRADE NAME: DEPOT,THE

ADDRESS: 211 NORTHWESTERN AVE

CITY' /COUNTY': NORFOLK! MADSION

PREMISE PHONE: 402-844-3241

OLD DESCRIPTION: ONE STORY BUILDING 148' X 226' INCLUDING BALCONY AND OFFICE AREA

NEW DESCRIPTION: ONE STORY BUILDING 148' X 226' INCLUDING OUTDOOR AREA APPROX 56' X 34' ON THE NE CORNER. ALSO INCLUDES BALCONY AND OFFICE AREA

Please present this request to you city/village/county board and send us a copy of their recommendation. If recommendation of denial or no recommendation is made the Commission has no alternative but to cease processing this request.

Randy Seybert Licensing Division Nebraska Liquor Control Commission

rs cc: file

Janice Wiebusch Bob Batt William Austin Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer

FORM 35-4001 11/18/2013 EnclosureREV. 12/99 12 Page 24 of 57 ------.-- ~ Print Form

APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use

NEBRASKA UQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH POBOX9S046 LINCOLN, NE 68509-5046 PHONE: (402) 471-2571 FAX: (402) 471-2814 Website: www.lcc.ne.gov

Application: • Must include processing fee of 545.00 made payable to Nebraska Uquor Control Commission • Must inelude a copy of the lease or deed showing ownership of area to be added o This is still required even if it's the same as on me with our office • Must include simple sketch showing existing licensed area and area to be added, must inelude outside dimensions in feet (not square feet), direction north. No blue prints. • May include a letter of explanation

LIQUOR LICENSE # I C. .~ D4 S5 \;z :;.

CITY~~~~~~Em~~------~------~ CONTACT PERSON ;~ PHONENUMBEROFCONTACTP~ON~I __4~C~*~~1~S~O~q~~~9~k~ ______~

Complete the following questions:

1) Are you adding on to your building? lid Yes ~ No • Include a sketch of the area to be added showing: o existing building o outside dimensions (in feet) o direction north

2) Are you adding an outdoor area? .R Yes [[j No H an outdoor area (check one of the following)

Jii( 012.07 "Beer garden" shall mean an outdoor area included in licensed premises, which is used for the service and consumption of alcoholic liquors, and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises, and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include, but are not restricted to sand volleyball, horseshoe pits ...)

C K 909~ - (11()J +s - 1 I KQO-~r- \Lo 7 V; t.\l(J 111111111111111111l1li1111111'11 r) 11/18/2013 1300023545 Enclosure 12 Page 25 of 57 -----'-'--______- No. DATE 167746

FROM __~ ______~ ____~ ______

FOR

D CASH Cl CHECK #. __~ D MONEY# ______ORDER

Received by·______------

11/18/2013 Enclosure 12 Page 26 of 57 [J 012.08 "Sidewalk eafe" shall mean an outdoor area included in licensed premises, which is used by a restaurant or hotel with a restaurant license, for the service of meals as well as alcoholic liquors, and which is contained by a permanent fence, wall, railing, rope or chain defining the licensed area, provided that one open entrance not to exceed eight (8) feet shall be allowed.

What type of permanent fencing will you be using?

• Include a sketch of the area to be added showing: o existing building o outside dimensions (in feet) o direction north

Print Name of Signature

Signature of Licensee or Officer

State of Nebraska coanty~4a> C.If~

The forgoing ~.t~as acknowledge before i me this ~ W" ) ,,;iJ.r, I clL J3 Dau /

otary PubHc Signature

Aftb: Seal Here

11/18/2013 Enclosure 12 Page 27 of 57 i·...... "'··~«· ~.}

t;/;.~l~·~ ·.,",~...;.",,~·r""''' ;II r

11/18/2013 Enclosure 12 Page 28 of 57 /z.

0 <.. , ~ I '"1 ~~..,.. ~ U\ ., ~ i r • ..

11I) f ~ Q.. J ~~ ~ - \ ..j t"-JI"' '- - ' f.'-- ~ w-t , '\ -l ... 11/18/2013 Enclosure 12 Page 29 of 57 Vehicle Parking District Meeting

The Vehicle Parking District (VPD) committee met in the Norfolk Area Chamber of Commerce office, 609 Norfolk Avenue, Norfolk Nebraska on Wednesday November 6, 2013 at 8:00 a.m.

Roll Call:

Board Members Present: Connie Geary, Chad Barnhill, Pat Carney, Brad Love, and Roger Brummels

Others Present: Lisa Blackman, Jessica Chamberlain

VPD staff member: Mandi Flood

Geary called meeting to order at 8:05. Approval of minutes from Oct. 16th meeting motioned by Love, seconded by Barnhill, motion passed.

New Business:

Kathy Svik’s position: Jessica Gordon emailed and said she would take Kathy Svik’s position, recommendation by board, motioned by Barnhill seconded by Brummels. Will be given to City Council for next meeting to vote. Flood will call Sheila Rios and let her know.

Ordering Trees for Downtown Planters: Geary ordered 33 trees and planters

Digital Sign for Salvation Army: Love said proposal to move sign is only $5,989.20, Love will make sure it gets moved. Cost $11,029.14 to add digital sign to remaining sign, $15,200.71 to go one size bigger. Jerry Huse will donate $5,000.00 to move. Larry Voecks said to do bigger, approved by board of Salvation Army. Not sure if Jerry Huse is doing $5,000.00 or $10,000.00, need to clarify. Salvation Army has coverage for half stated Geary. Numbers need verified. We agree for half of $11,000.00 said Geary, covered by VPD. Talk to Larry Voecks about amount. Love will cover cost to move sign, install message center later. Norfolk GM and maybe Nucor will donate. Need $15,200.00 for message center. Need to clarify stated Barnhill that there are : NO TAX DOLLARS USED FOR THIS!!!!

Parking lot signs: ready to be put up, possibly today or Nov. 7th. Chain between poles taken off and poles straightened. Small signs first, steel posts instead of wood. Signs will make it easier to enforce. Bannners are also up!

Norfolk Now ad: ad for downtown ¼ page is great for $950.00. Barnhill motion to stay with ¼ page, seconded by Carney, motion passed.

Invoices:

#201310-05: and #201311-01: motion for $197.78 and $267.50 for video of Zombie walk, posters, and supplies. Brummels motioned to approve, seconded by Love, board approved.

11/18/2013 Enclosure 13 Page 30 of 57 #21030603: $151.00 for Children’s Festival Insurance. Love motioned approved by Geary, board approved.

#201310-04: $1,550.00 for Riverpoint Festival Entertainment. Motioned by Brummels approved by Love, motion passed.

#2232: $20,000.00 Chamber Parking Lot Lease payment. Approved by Barnhill, seconded by Carney, board approved.

Wagz striping: $97.80, paint handicapped lines, Brummels motioned, seconded by Barnhill, motion approved.

$1,2013.00 for November 2013-2014 renewal of downtown insurance for events policy. Geary motioned, seconded by Brummels, motion passed

Parking and Traffic: lots not used, Barnhill suggests meeting, signs will help, want everyone all on same page. People not getting passes, sell lots to others. Carney suggests to call/email people who are taking other lots

The next VPD meeting will be Wednesday, November 20th , at 8 a.m. at the Norfolk Area Chamber of Commerce.

Motion to adjourn by Barnhill seconded by Stappert.

Minutes respectfully submitted by

Mandi Flood

Norfolk Area Chamber of Commerce

11/18/2013 Enclosure 13 Page 31 of 57 AGREEMENT

THIS AGREEMENT is made and entered into this ______day of November, 2013, by and between the City of Norfolk, Nebraska, a Municipal Corporation, hereinafter referred to as "CITY", and Downtown Norfolk Association, Inc., a Nebraska Nonprofit Corporation, hereinafter referred to as "DOWNTOWN", WITNESSETH:

WHEREAS, DOWNTOWN is desirous of decorating CITY’s tree located in the green space along the east side of the 100 block of North 7th Street, for the 2013 Christmas holiday season; and

WHEREAS, DOWNTOWN is desirous of holding a Christmas Festival in downtown Norfolk, Nebraska, on Tuesday, November 26, 2013 including but not limited to giving horse- drawn carriage rides, tractor-pulled hayrack rides, and having small campfires in self-contained steel fire pits; and

WHEREAS, DOWNTOWN has requested that Norfolk Avenue be closed between the west line of 6th Street and the east line of 7th Street from 2:00 p.m. until 8:00 p.m. on Tuesday, November 26, 2013; and

WHEREAS, DOWNTOWN has requested closure of four parking stalls in the CITY- owned parking lot at 3rd Street and Norfolk Avenue and two parking stalls in the CITY-owned parking lot at 112 West Norfolk Avenue; and

WHEREAS, DOWNTOWN has requested closure of three or four parking stalls near the intersection of 4th Street and Norfolk Avenue for the purpose of loading and unloading individuals participating in hayrack rides; and

WHEREAS, CITY is desirous of allowing DOWNTOWN to decorate City’s tree located in the green space along the east side of the 100 block of North 7th Street; and

WHEREAS, CITY is desirous of allowing the closure of said portion of Norfolk Avenue, CITY-owned parking lots, and parking stalls as described above for the Christmas Festival at DOWNTOWN's request.

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

1. CHRISTMAS TREE. DOWNTOWN may decorate CITY’s tree located in the green space along the east side of the 100 block of North 7th Street, in Norfolk, Nebraska, for the 2013 Christmas holiday season. DOWNTOWN may decorate said tree on or after November 19, 2013 and shall remove said decorations by January 6, 2014. Decorations may include but not be limited to electric Christmas lights. City shall provide electricity for the lights and shall bill

11/18/2013 Enclosure 14 Page 32 of 57 DOWNTOWN for the cost of same. DOWNTOWN shall remit payment to CITY within twenty (20) days of being billed.

2. NORFOLK AVENUE CLOSURE. CITY shall allow for the closure of Norfolk Avenue between the west line of 6th Street and the east line of 7th Street from 2:00 p.m. until 8:00 p.m. on Tuesday, November 26, 2013.

3. PARKING LOT CLOSURES.

A. CITY shall allow for the closure of four parking stalls next to Norfolk Avenue which are designated customer parking in the CITY-owned parking lot at 3rd Street and Norfolk Avenue from 7:00 a.m. on Tuesday, November 26, 2013, until 9:00 a.m. on Wednesday, November 27, 2013.

B. CITY shall allow for the closure of two parking stalls which are designated customer parking in the CITY-owned parking lot at 112 West Norfolk Avenue from 2:00 p.m. to 8:00 p.m. on Tuesday, November 26, 2013.

4. PARKING STALL CLOSURE. CITY shall allow for the closure of three or four parking stalls on the north side or Norfolk Avenue immediately east of the intersection of 4th Street and Norfolk Avenue for the purpose of loading and unloading individuals participating in hayrack rides from 2:00 p.m. until 8:00 p.m. on Tuesday, November 26, 2013.

5. HORSE-DRAWN CARRIAGE RIDES. CITY shall allow DOWNTOWN to have a vendor provide horse-drawn carriage rides on the city streets on the route shown on the attached Exhibit “A” only during the Christmas Festival on Tuesday, November 26, 2013. Operation of the horse-drawn carriage rides shall comply with Section 13-201 et seq. of the Norfolk City Code.

6. HAYRACK RIDES. CITY shall allow DOWNTOWN to give tractor-pulled hayrack rides on the city streets on the route shown on the attached Exhibit “A” only during the Christmas Festival on Tuesday, November 26, 2013. Since tractor-pulled hayracks will be operated on open city streets, all hayracks shall be equipped with tail lights, brake lights, turn signals, and clearance lights as required by Nebraska Statutes. The parties understand that riding on a hayrack on a city street is in violation of Section 24-288 of the Norfolk City Code addressing unlawful riding. By entering into this Agreement, CITY hereby allows riding on a hayrack on the city streets on the route shown on Exhibit “A” during the Christmas Festival without constituting a violation of Norfolk City Code Section 24-288.

7. CAMPFIRES. CITY shall allow DOWNTOWN to have small campfires in self- contained steel fire pits on the closed parking lots described herein. The fire pits shall be of such design that they do not damage the surface of the parking lot. DOWNTOWN shall be responsible for obtaining the necessary burn permits pursuant to the International Fire Code 2006 adopted by CITY as amended by Norfolk City Code Section 8-28.

2 11/18/2013 Enclosure 14 Page 33 of 57

8. TEMPORARY TOILETS. DOWNTOWN agrees, at its expense, to provide a sufficient number of temporary toilets to accommodate the number of people expected to attend the event; however, no temporary toilets shall be placed on the streets or on the sidewalk area between any store front or building front and the street.

9. INSURANCE.

A. DOWNTOWN 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

The policy issued shall show insurance coverage for the following:

a. Each and every horse-drawn carriage utilized for rides during the Christmas Festival;

b. Each and every tractor and hayrack utilized for rides during the Christmas Festival; and

c. All activities sponsored by DOWNTOWN for its Christmas Festival.

B. In addition, DOWNTOWN shall name CITY as an additional insured. Said certificate shall be filed with the Norfolk City Clerk upon execution of this Agreement. In the event the certificate of insurance is not filed, then this Agreement shall be voidable at the option of CITY's operations manager.

C. In the event DOWNTOWN provides CITY with a certificate of insurance that does not include medical expense coverage as provided above, then DOWNTOWN agrees to self-insure for medical expenses in the amount set forth above and agrees to indemnify CITY and its insurance carrier for any and all claims for medical expenses made to CITY or its insurance carrier or paid by CITY or its insurance carrier that are incurred as a result of any of the activities while DOWNTOWN is exercising any rights under this Agreement.

10. COPYRIGHTED MUSIC. DOWNTOWN agrees that it either has or will secure any necessary licenses required for the performance of copyrighted music at the activities being

3 11/18/2013 Enclosure 14 Page 34 of 57 conducted by DOWNTOWN and expressly agrees to hold CITY harmless and indemnify CITY from any cost or liability that may result to CITY as a result of the activities sponsored by DOWNTOWN being held on property owned by CITY.

11. BARRICADES. DOWNTOWN agrees at its expense to barricade, in compliance with the Uniform Signing Manual, the closed section of Norfolk Avenue, parking lots, and parking stalls including any appropriate through or left-turn lanes adjacent to the closed sections pursuant to a plan approved by CITY’s operations manager no later than November 19, 2013. Said plan shall include specific details about the number and type of barricades needed to comply with the Uniform Signing Manual. In the event DOWNTOWN fails to erect barricades in accordance with said plan, this Agreement shall be voidable at the option of CITY’s operations manager, or CITY may erect the necessary barricades and DOWNTOWN shall be responsible for paying the cost of same.

12. HOLD HARMLESS AND INDEMNIFICATION. DOWNTOWN agrees to hold CITY harmless and indemnify CITY from any loss or damage or claim of loss by any third party from damage that results during the activities authorized or undertaken 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, ATTEST: A Municipal Corporation

______By______Elizabeth A. Deck, City Clerk Sue Fuchtman, Mayor

Approved as to Form: ______Clint Schukei, City Attorney

DOWNTOWN NORFOLK ASSOCIATION, INC., A Nebraska Nonprofit Corporation

By______Its President Printed Name: ______

By______Its Treasurer Printed Name: ______

4 11/18/2013 Enclosure 14 Page 35 of 57 11/18/2013

EXHIBIT “A” - o DO = = = = Tractor Christmas Barricades P to Park Century east enter Ave, ick ATIRACTIONS: enter up/Drop A. i B C D. to E. proceed ng . . Century 1 Pulled Ls~t lumber Parking Tree Hay Baby Chili Santa Smore's Tree St,.tur - between N Off VJest Rack ote Hay Lighting L Feed Sitting Li umbe at n lot ghting Parking for Barricades sou Chamber Fire Rack to Rides at where R '6t\ leon's r drop t id at Grace Parking at Pit h, es Rides· GOBS l 4:30 8:00 p ot r off I ~ceed t and 4:30 t Community in bega o to pm and Note n Lot, ente~ SA Kukaburras, GOBBS 8:00 to to n Pa pick proceed 7:30 t Ride o Norfo rking Braasch pm pick up pm will lk in L up ot back Ave, front enter pick Ave and extend t turn up from o of drop Norfolk fron in Norfolk east o front 5 n off between t '-;;'-; th to F. G. J I H. of K. . . 5t, to Ave Avenue Chamber / the west ., Housing proceed ;1 Jazz / Photo D Fashion Ponies Horse ------' proceed ecora Chamber across Ensemble proceed Drawn Booth leons te and Offices. Authority, Designer east Cookies west entire Sle Offices and on at Rides i at west gh to Regency A Braas Midwest Kukabur J widt Photos 5 at th then H th proceed to ird aus Pat 5t, c h 2nd h hayrack proceed at turn at A to at r St, Cake Music as. l 318 1 SI DCC east st north turn light St, will west on then n po to orth pick No l to e B south r rf at aasch enter 5 up olk 'h south St, and Ave on alley Ave, turn drop 1 end then st St proceed fo north of off to ll t ow hroug l ot Norfolk in to alley th h e - = = Horse Portable South Round Drawn to the Toilets alley median Ride entrance, - at Note 6 th ente St., Ride pro~eed r w 3 r ill St. beg Parking east i n at to 3 r d l 2 ot, nd St St Parking proceed . , round lot back the round median to pick the up to median proceed drop off at 3 west po rd int and to in Norfolk 3 3rd rd St St , Parking turn Ave left to l proceed ot. at 3 rd St, west Enclosure 14 proceed to Page 36 of 57

5 AGREEMENT

This Agreement is made and entered into the ______day of ______, 2013, by and between the City of Norfolk, Nebraska, a Municipal Corporation, hereinafter referred to as “CITY”, and Jordan Taylor, doing business as Nebraska Lawdawgs, hereinafter referred to as “TAYLOR”, WITNESSETH:

WHEREAS, CITY is the owner of a football field in Veterans Memorial Park located at 1st Street and Grove Avenue in Norfolk, Nebraska, and said football field is commonly known as “Memorial Field”; and

WHEREAS, TAYLOR is desirous of holding a league championship football game at Memorial Field on Saturday, November 23, 2013; and

WHEREAS, CITY is desirous of allowing TAYLOR to hold said league championship football game at Memorial Field at Veterans Memorial Park.

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

1. FACILITY. CITY shall allow TAYLOR to hold a league championship football game at Memorial Field in Norfolk, Nebraska on November 23, 2013 at 2:00 p.m.

2. FACILITY ACCESS. For said football game, TAYLOR shall have access to and use of the football field, press boxes, ticket booths, parking lots, and locker rooms located in the multipurpose building. Field lights, scoreboard, and public address system shall be available for use by TAYLOR.

3. ACCESS COST. TAYLOR shall pay to CITY an access fee of One Thousand Five Hundred Dollars ($1,500.00) for use of CITY’s facility under the terms of this Agreement.

4. ANNOUNCEMENT. During TAYLOR’s event, the following statement or TAYLOR’s own statement which suggests these items shall be announced over the public address system periodically throughout TAYLOR’s event:

“Welcome to Veterans Memorial Park. In an effort to keep this facility clean, we kindly ask that you pick up your trash and deposit it in the provided trash receptacles before leaving the stadium.”

5. ALCOHOL. No alcohol shall be allowed on the premises pursuant to Section 3-11 of CITY’s Official Code.

11/18/2013 Enclosure 15 Page 37 of 57 6. SMOKING. TAYLOR shall be responsible for compliance with CITY’s no smoking policy set forth in Section 2-51(4) of CITY’s Official Code which precludes smoking except in parking areas available to the general public.

7. PETS. No pets shall be allowed on the premises except for service animals.

8. DAMAGE. TAYLOR shall be responsible for any damage to any part of the Memorial Field facility utilized by TAYLOR above normal use and wear for all times during which TAYLOR has control of the facility. TAYLOR shall be responsible for all damage and repair costs to any portion of Veterans Memorial Park while accessing the CITY facilities during the term of this Agreement.

9. SECURITY. TAYLOR shall be responsible for providing adequate security at the facility from the time the gates to the field and doors to that portion of the multipurpose building utilized by TAYLOR are unlocked on the day of the game, during the game, and until the time the facility is locked except as the same relates to the concession area.

10. DOWN MARKERS AND PYLONS. TAYLOR shall set up and tear down the down markers and pylons.

11. CANCELLATION BY TAYLOR. TAYLOR shall be responsible for providing notice of any cancellation of its game to CITY’s park and building maintenance superintendent at 844-2180.

12. INSURANCE. TAYLOR shall provide CITY with a certificate of general liability insurance in the following minimum amounts:

General Aggregate $5,000,000 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, TAYLOR shall name CITY as an additional insured. Said certificate shall be filed with the Norfolk City Clerk upon execution of this Agreement. In the event the certificate of insurance is not filed, then this Agreement shall be voidable at the option of CITY’s operations manager.

13. HOLD HARMLESS/INDEMNIFICATION. TAYLOR agrees to save, hold harmless, indemnify and defend CITY, its agents and employees from any loss or damage or claim of loss by TAYLOR or any third party from damage that arises from any of the activities authorized or undertaken as provided in this Agreement and for any loss to CITY that results from TAYLOR failing to perform its obligations under this Agreement.

11/18/2013 Enclosure 15 Page 38 of 57

14. RELEASES. TAYLOR shall include a provision releasing CITY from liability on all Releases obtained for participation in TAYLOR’s event while utilizing CITY’s facilities under the terms of this Agreement.

15. COPYRIGHTED MUSIC. TAYLOR agrees that TAYLOR either has or will secure any necessary licenses required for the performance of copyrighted music at the activities being conducted by TAYLOR and expressly agrees to hold CITY harmless and indemnify CITY from any cost or liability that may result to CITY as a result of the activities sponsored by TAYLOR being held on property owned by CITY.

16. PARKING. TAYLOR shall be responsible for assuring that vehicles within Veterans Memorial Park are parked only in approved parking areas and shall be responsible for removing vehicles parked in places other than approved parking areas. All parking is at the risk of TAYLOR and the party parking the vehicle.

17. MULTI-PURPOSE BUILDING. TAYLOR shall be allowed to utilize the locker rooms in the multipurpose building and TAYLOR shall enter and exit the multipurpose building as directed. In no event shall TAYLOR allow exit from the multipurpose building to the water park.

18. NO SPECTATORS ON FIELD. TAYLOR shall be responsible for keeping spectators off the football field before, during and after the football game so that only individuals participating in the football game, coaching, officiating, half-time activities and supporting activities shall be allowed on the playing surface of the football field.

19. SHOES. No spiked shoes shall be allowed on the football field and only appropriate football cleats shall be allowed. TAYLOR shall be responsible for compliance with this provision.

20. VEHICLES. TAYLOR shall utilize no motorized vehicles of any kind on the football field with the exception of a “Gator” type vehicle with floatation turf tires used by emergency service responders for medical purposes.

21. SCOREBOARD. TAYLOR shall be allowed to utilize the scoreboard and accompanying graphics board. TAYLOR understands that the message board must be operated as directed by CITY’s park and building maintenance superintendent so that CITY can comply with the terms of its July 5, 2011 agreement with Score Tables by Design, L.L.C. A copy of the applicable portion of the July 5, 2011 agreement is attached hereto as Exhibit “A”.

22. ADVERTISING. TAYLOR shall not erect any advertising or temporary signs at Veterans Memorial Park.

23. FIELD LIGHTS. Any field lighting requests by TAYLOR shall be directed to CITY’s park and building maintenance superintendent.

11/18/2013 Enclosure 15 Page 39 of 57

24. CONCESSIONS. CITY shall operate the concession stand at Veterans Memorial Park during TAYLOR’s event. TAYLOR is prohibited from selling or participating in the sale of any concessions at Veterans Memorial Park and shall not receive any profit from concession sales.

25. ELEVATOR. CITY’s facility is equipped with an elevator. TAYLOR shall monitor and control access to said elevator during its event at CITY’s facility and shall be responsible for securing the elevator at the conclusion of TAYLOR’s event.

26. OTHER AREAS OF THE PARK. TAYLOR shall be responsible for restricting participants and spectators to the football and parking portions of Veterans Memorial Park during TAYLOR’s event and shall prohibit people from accessing other portions of Veterans Memorial Park closed to the public during the time when TAYLOR is utilizing CITY’s football facility. TAYLOR shall be responsible for all damage and repair costs to any portion of Veterans Memorial Park while accessing the CITY facilities during the term of this Agreement.

27. ALTERATIONS TO FACILITY. TAYLOR shall make no alterations or additions, etc., to CITY’s facility without TAYLOR’s prior written request and CITY’s prior written approval.

28. TURF FIELD RULES. CITY’s football field will be posted with “Turf Field Rules” provided by the manufacturer of the artificial turf on CITY’s football field. TAYLOR agrees to be compliant with said posted Turf Field Rules and to assure compliance by visiting teams utilizing the football field. Said Turf Field Rules shall include but not be limited to the following:

• Molded cleats or other athletic shoes only. • No sharp objects, including tent stakes, corner flags or other objects that can penetrate the surface of the field. • No food items – including gum and sunflower seeds. • No tobacco products of any kind. • No sport drinks or liquids other than water. • No pets. • No bicycles or other unapproved vehicles. • Approved athletic equipment only.

29. CITY’S RIGHT TO CANCEL ACTIVITIES. Notwithstanding any other provision of this Agreement, CITY retains the right to cancel any activities scheduled on CITY property due to inclement weather or for any other reason.

30. UNADDRESSED ISSUES. Issues related to Memorial Field not addressed in this Agreement may be approved by CITY at the discretion of CITY’s park and building maintenance superintendent upon request of TAYLOR.

11/18/2013 Enclosure 15 Page 40 of 57 31. TERMINATION. This Agreement shall terminate November 23, 2013.

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

ATTEST: By______Sue Fuchtman, Mayor

______Elizabeth A. Deck, City Clerk

Approved as to Form: ______Clint Schukei, City Attorney

______Jordan Taylor

11/18/2013 Enclosure 15 Page 41 of 57

EXHIBIT “A”

(Excerpt from July 5, 2011 Agreement between City of Norfolk and Score Tables by Design, L.L.C.)

Advertising Services 4. Score Tables shall be the sole vendor authorized by the City of Norfolk to sell advertising space to businesses and other entities at Memorial Football Field and Memorial Baseball Field.

5. Score Tables shall be responsible for soliciting advertisers, billing advertisers and collecting advertising revenue. Score Tables will sell space primarily on multi-year contracts to advertisers.

6. Score Tables will design and program advertising and provide it in an appropriate format to the City of Norfolk. The advertising will be "still" graphics and will not include video and/or sound and will be displayed during athletic events, involving Norfolk Public Schools, Norfolk Catholic Schools, Lutheran High School of Northeast Nebraska and related events.

7. A maximum of thirty (30) advertisers will be presented on each of the LED Message Displays.

8. The LED Message Displays at the football field and baseball field also may be used to present City of Norfolk announcements, school information, game data, photos, statistics and graphics, and such displays will be programmed by the City of Norfolk. The amount of such programming would be at the discretion of the City of Norfolk; however such programming should not consume more than 25 percent of the time the LED Message Center is operating during an event.

9. Advertising to be displayed at the athletic facilities shall conform to City of Norfolk policies on advertising. Therefore, all advertising must be tasteful, must not advertise products or services that are illegal for minors and must not convey political or religious messages. The City ofNorfolk is not creating a public forum for messages and retains its authority to detennine the products and services appropriate to advertise on the premises.

11/18/2013 Enclosure 15 Page 42 of 57 City of Norfolk, 309 North 5th Street, Norfolk, NE 68701

EASEMENT

TillS AGREEMENT, made and entered into the ~ day of NOlfeiJ\\h-Di, 2013, by and between Gerhold, Inc., a Corporation ofthe State ofDe1eware, party of the first part, and the City of Norfolk, a Municipal Corporation, party of the second part, Witnesseth:

WHEREAS, the party of the first part owns and has title to the real estate hereinafter described as:

Part of the Northeast \4 in Section 32, Township 24 North, Range 1 West of the Sixth P.M., Madison County, Nebraska, and

WHEREAS, the party of the second part desires easements allowing for the construction and maintenance of a water transmission main along 25 th Street.

NOW THEREFORE, it is agreed as follows:

1. The party of the first part does hereby grant, assign, and set over to the party of the second part a permanent easement for the construction and maintenance of a water transmission main along 25 th Street over, on and under the following described property as shown and described on the attached Exhibit 'A'.

See attached Exhibit' A' .

2. The party of the first part does hereby grant, assign, and set over to the party of the second part a temporary easement for the construction of a water main along 25th Street over, on and under the following described property as shown and described on the attached Exhibit 'A'.

See attached Exhibit' A' .

11/18/2013 Enclosure 16 Page 43 of 57 3. The party ofthe fIrst part shall fully use and enjoy the aforesaid premises, except as to the rights herein granted and except as to the right to erect pennanent buildings on the property described in item one (1) of this agreement.

4. The party of the second part will relinquish all rights to the temporary easement upon the completion of the construction of the said project and its acceptance by the City, but not later than December 31, 2014.

5. The party ofthe fIrst part agrees that for and in consideration of the sum of One Dollar and 00 Cents, ($1.00), and other valuable consideration, cash in hand, the receipt of which is hereby acknowledged, the party of the first part has this day bargained and sold by these presents does bargain, sell, convey, transfer, and deliver unto the party ofthe second part the aforesaid easements. Gerhold, Inc., A Corporation of the State of Deleware

by~uJStuart Gerhold President STATEOF Nehr&..\)~) I I _ )ss COUNTYOF f'lZv"ll"L-)

~e foregoing instrument was acknowledged before me this ~ +4 day of Ai oveoN\,lov'- , 20~ by Stuart Gerhold, President of Gerhold, Inc., a Corporation of the State of Deleware, to me known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the same to be his voluntary act and deed on be of the District.

GENEIlAL NOTAllY· State of N,brasl

My commission expires the 2 (\d day of Sef+ . ,2oli.

11/18/2013 Enclosure 16 Page 44 of 57 ACCEPTANCE

Accepted this day of _____-', 20-----, by the City of Norfolk, Nebraska, a Municipal Corporation.

ATTEST:

City Clerk Mayor

(S EAL)

Approved as to form: City Attorney

STATEOFNEBRASKA ) )ss COUNTY OF MADISON )

On this day of , 20__ , before me, the undersigned, a Notary Public, in and for said County and State, personally came Sue Fuchtman, Mayor and Elizabeth Deck, City Clerk of the City of Norfolk, to me known to be the identical person or persons whose names are affixed to the foregoing instrument and acknowledged the same to be their voluntary act and deed.

Notary Public - signature

Notary Public - printed name

My commission expires the ___ day of _____-', 20__

11/18/2013 Enclosure 16 Page 45 of 57 GEC, INC.

~N'C"'"-SEC. 32 - T2.4N- R1W

1 1 1 I T _------J- NEBRASKA

I ------iT 1---- '01 SI II I J h.-.:,fr,-- L ------. -- I

NEY.!OF NO SCALE SECTION ~2 T24N R1W

PROPOSED WATER ."1< -~_~<)

20' lEMPORAFlY CONSTRUt:TION ,,,"',,"' __

I mAL DESCRIPTION OF PERMANENT EA§EMENT THE WEST 25.00 FEET OF THE EAsT 58;00 FEET OF THAT .pARr OF "THE -NQRTIclEASr QUARTER, (NE:%.) -!-Y1NG SOUTH OF THE NEBRASKA CENTRAL RA)LROf'.D, -EXCEPT TH.E NOR1}-I 1.00.00 FEET THER~Qf?, IN StCTlON 32, TO\o\'f'!S~'HR U r-lORJ"H, RANGE 1 w=.:ST OF THE -SIX~' P.M .• MAPISON- 'CDUf'HY, !'IEBRAsKA. SA!D TRACT CONTAINS A CALCULATED AREA OF -21,541 SQUARE FEET OR OAgS ACRES- -MORE OR LESS.

LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT THE WEST 20.00 FEET OF -THE EAST 7/'1.00 FEET OF THAT PART PF' THE: NQRTtlE.AST QUARTER (NE14) LYlNG- SOUTH OF !HE NEBRASKA CENTRAl- RAILROAD, EXCEPT THE NORTI-{ 1.00.00 FEET THEREOF, IN ·SECnON 32, TOWNSHiP 24 NORTH, RANCE; WEST OF lHE S!XlH P,M., MADISON COUNTY; NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF' 17,2;3 SQUARE FEET OR 0.395 ACRES MORE OR LESS.

I'2/0'l'A PERMANENT EASEMENf "l'! ~.;3 ~ TEMPORARY CONSTRUCTION EASEMENT 2121W.200STREET CITY OF NORFOLK SUlE 105 HASTINGS, NE 68'001 O\OLSSON TB- 402.463.0'l49 EASEMENT AS'OCIATE$ FAX 402.4(;3.0167 A

11/18/2013 Enclosure 16 Page 46 of 57 FUND REVENUE DETAIL FUND CODE: 604

2010-2011 2011-2012 2012-2013 Dollar Percent Actual Actual Estimated 2012-2013 2013-2014 Increase Increase Code Description Revenues Revenues Revenues Budget Budget (Decrease) (Decrease) Balance Brought Forward 2,002,880 2,397,564 2,938,520 2,884,088 3,396,362 512,274 17.76%

Charges for Services 36701 Use Fees 2,188,955 2,299,550 2,221,931 2,423,964 2,440,188 16,224 0.67% Total Charges for Services 2,188,955 2,299,550 2,221,931 2,423,964 2,440,188 16,224 0.67%

Rent & Other Revenue 37404 Miscellaneous 2,942 1,700 - - - - - 37408 Late Charges 1 - 30 - - - - Total Rent & Other Revenue 2,943 1,700 30 - - - -

Interest Income 38801 Other Interest Income 9,489 85 - - 7,300 7,300 100.00% Total Interest Income 9,489 85 - - 7,300 7,300 100.00%

Non-Revenue Receipts 39501 Proceeds of Debt ------Total Non-Revenue Receipts ------

Total Revenue 2,201,387 2,301,336 2,221,961 2,423,964 2,447,488 23,524 0.97%

Total Funds Available 4,204,267 4,698,900 5,160,481 5,308,052 5,843,850 535,798 10.09%

NE NEBR SOLID WASTE COALITION GENERAL FUND

11/18/2013 Enclosure 21 Page 47 of 57 FUND BUDGET CALCULATION FUND CODE: 604

Code Description Amount

BALANCE BROUGHT FORWARD 3,396,362 Estimated balance as of October 1, 2013.

Revenue Bond 108,493 Operating & Maintenance 130,000 Total Restricted 238,493

Unrestricted Balance 3,157,869

CHARGES FOR SERVICES 36701 Use Fees 100,186 Ton @ $24.00 2,404,464 Special Wastes 13 x 2,748 35,724 TOTAL CHARGES FOR SERVICES 2,440,188

INTEREST INCOME 38001 Other Interest Income Estimate of interest to be earned. 7,300 TOTAL INTEREST INCOME 7,300

TOTAL FUNDS AVAILABLE 5,843,850

NE NEBR SOLID WASTE COALITION GENERAL FUND

11/18/2013 Enclosure 21 Page 48 of 57 DEPARTMENT EXPENDITURE DETAIL DEPARTMENT CODE: 229

2010-2011 2011-2012 2012-2013 Dollar Percent Actual Actual Estimated 2012-2013 2013-2014 Increase Increase Code Description Expenditures Expenditures Expenditures Budget Budget (Decrease) (Decrease) Personnel Costs 11 Salaries & Wages 60,541 63,098 60,160 67,241 68,259 1,018 1.51% 13 Group Insurance 32,293 29,665 25,620 25,273 27,109 1,836 7.26% 14 Pension 3,643 3,732 3,610 4,034 4,437 403 9.99% 15 FICA 4,447 4,560 4,391 5,144 5,222 78 1.52% 16 Worker's Compensation 2,439 1,944 731 159 436 277 174.21% Total Personnel Costs 103,363 102,998 94,512 101,851 105,463 3,612 3.55%

Operating Supplies and Materials 24 Vehicular Fuel & Lube 2,518 2,302 1,590 2,113 2,275 162 7.67% 26 Minor Apparatus & Tools - - - 500 500 - - Total Operating Supplies & Mat. 2,518 2,302 1,590 2,613 2,775 162 6.20%

Other Operating Costs 31 Rent 459 835 683 720 720 - - 32 Disposal Fees 975,804 994,809 978,203 1,025,727 1,044,831 19,104 1.86% Total Other Operating Costs 976,263 995,644 978,886 1,026,447 1,045,551 19,104 1.86%

Utilities & Maintenance 41 Electricity 3,359 2,716 2,220 3,500 3,500 - - 46 Bldg., Ground,& Plant Maintenance 15,203 12,926 4,693 14,200 14,200 - - 48 Office Equipment Maintenance 500 375 250 1,000 1,500 500 50.00% Total Utilities & Maintenance 19,062 16,017 7,163 18,700 19,200 500 2.67%

NE NEBR SOLID WASTE COALITION GENERAL FUND

11/18/2013 Enclosure 21 Page 49 of 57 DEPARTMENT EXPENDITURE DETAIL DEPARTMENT CODE: 229

2010-2011 2011-2012 2012-2013 Dollar Percent Actual Actual Estimated 2012-2013 2013-2014 Increase Increase Code Description Expenditures Expenditures Expenditures Budget Budget (Decrease) (Decrease) Legislative Affairs 53 Travel & Conference 1,079 817 583 4,595 4,645 50 1.09% 55 Dues & Publications 841 523 638 665 665 - - Total Legislative Affairs 1,920 1,340 1,221 5,260 5,310 50 0.95%

Other Admin. & Overhead 61 Insurance 12,808 14,539 10,260 10,350 10,350 - - 62 Telephone & Teletype 466 433 421 1,500 1,500 - - 63 Postage 270 200 228 1,000 1,000 - - 64 Office Supplies 396 771 768 2,094 2,310 216 10.32% 65 Legal Notices & Advertising 29 117 119 500 500 - - 68 Other Professional Fees 209,459 148,068 187,558 192,682 191,443 (1,239) (0.64%) Total Other Admin. & Overhead 223,428 164,128 199,354 208,126 207,103 (1,023) (0.49%)

Gov't Subsidies & Transfers 78 Intrafund Oper. Transfer Out 152,358 154,278 156,295 161,800 164,200 2,400 1.48% Total Gov't Subsidies & Trans. 152,358 154,278 156,295 161,800 164,200 2,400 1.48%

Capital Outlay 84 Machinery & Equipment - - - - 77,000 77,000 100.00% Total Capital Outlay - - - - 77,000 77,000 100.00%

Debt Service 91 Debt Service - Principal 280,000 275,000 280,000 280,000 285,000 5,000 1.79% 92 Debt Service - Interest 47,791 48,673 45,098 45,098 40,478 (4,620) (10.24%) Total Debt Service 327,791 323,673 325,098 325,098 325,478 380 0.12% Total Expenditures 1,806,703 1,760,380 1,764,119 1,849,895 1,952,080 102,185 5.52%

Ending Balance 2,397,564 2,938,520 3,396,362 3,458,157 3,891,770 433,613 12.54%

Total Funds Accounted For 4,204,267 4,698,900 5,160,481 5,308,052 5,843,850 535,798 10.09%

NE NEBR SOLID WASTE COALITION GENERAL FUND

11/18/2013 Enclosure 21 Page 50 of 57 DEPARTMENT EXPENDITURE DETAIL DEPARTMENT CODE: 229

Code Description Amount Code Description Amount Code Description Amount 10 PERSONNEL COSTS Plus: Expense Constant 180 Variable Fee 4 400,744 11 SALARIES & WAGES TOTAL WORKER'S COMP. 436 Fixed Fee 480,000 Average Monthly Salary TOT. PERS. COSTS 105,463 $/ton State Fee @ $1.25 125,233 $ 4, 967 x 12 59,604 Special Waste Handling Holiday Hours Worked 20 OPER. SUP. AND MATERIALS $2,748 ton x $10.50 28,854 $ 28.66 x 32 917 24 VEHICULAR FUEL & LUBE Hazardous Wastes Overtime Average Hour Unleaded 700 x $3.25 2,275 Test, Ship, Dispose 10,000 $ 28.66 x 270 7,738 TOTAL VEHIC. FUEL&LUBE 2,275 TOTAL DISPOSAL FEES 1,044,831 TOTAL SALARIES 68,259 TOT. OTH OPER COSTS 1,045,551 26 MINOR APPARATUS & TOOLS 13 GROUP INSURANCE Maint. & Janitorial 500 40 UTILITIES AND MAINTENANCE Health Insurance TOTAL MINOR APP & TOOLS 500 41 ELECTRICITY $1,840 Monthly x 12 22,080 TOTAL OPER. SUP. & MAT. 2,775 3,500 Less: Payroll Deduction TOTAL ELECTRICITY 3,500 $239 Monthly x 12 -2,868 30 OTHER OPERATING COSTS Deductible & Dental 6,500 31 RENT 46 BLDG,GRND&PLANT MAINT Emp. Assist. Program Water Filtration System Building 500 $20 Ea. x 2 40 Mo. Rent 60 x 12 720 Portable gas monitor 1,500 Life Insurance 863 TOTAL RENT 720 Well Pumps 5,000 LTD Premium Janitorial Supplies 500 $537 Annually x 1 537 32 DISPOSAL FEES HVAC Repairs 500 LESS: Payroll Deduction FY 11/12 Actual Plumbing Repairs 200 $4 Monthly x 12 -43 Norfolk 30,689 Scale Service 6,000 TOTAL GROUP INS. 27,109 Fremont 24,725 TOTAL BLDG,GRND MAINT 14,200 Columbus 21,057 14 PENSION Pilger 165 48 OFFICE EQUIP.MAINT. $68,259 x 6.50% 4,437 Oakland 734 Security System 1,000 TOTAL PENSION 4,437 Newman Grove 7,401 Computer & Telephone 500 Other 9,689 TOT.OFF.EQUIP.MAINT. 1,500 15 FICA Total 94,460 TOTAL UTIL.& MAINT. 19,200 $68,259 x 7.65% 5,222 % Projected Incr 0.06 100,186 TOTAL FICA 5,222 Operating contract 50 LEGISLATIVE AFFAIRS 4 Variable Base 53 TRAVEL AND CONFERENCE 16 WORKER'S COMPENSATION 480000 Fixed Base Mileage 5000 @ 0.565 2,825 Avg. Mo. 21.36 x 12 256 Adjustment 0% MOLO Training 400

GENERAL FUND

11/18/2013 Enclosure 21 Page 51 of 57 DEPARTMENT EXPENDITURE DETAIL DEPARTMENT CODE: 229

Code Description Amount Code Description Amount Code Description Amount NESWANA Conference Weight tickets Post Closure Fund 57,700 Mileage 120 8 Case x $ 95 760 TOTAL INTERFUND OP. TRAN. 164,200 Hotel 500 TOT. OFFICE SUPPLIES 2,310 TOTAL GOV'T SUBSIDIES Meals 200 & TRANSFERS 164,200 Registration 600 65 LEGAL NOTICES&ADVERTISE TOTAL TRAVEL & CONF 4,645 500 80 CAPITAL OUTLAY TOTAL LEG. NOT.& ADVER. 500 84 MACHINERY & EQUIPMENT 55 DUES & PUBLICATIONS Scale 57,000 SWANA dues for 3 employees 450 68 OTHER PROFESSIONAL FEES Generator 2,000 Water & Recycling News 75 50% Scale Software Service Fee 500 Pickup 18,000 Columbus Telegram 140 Stanton Co. Host Fee 68,944 TOTAL MACHINERY & EQUIPMENT 77,000 TOTAL DUES & PUBLICATIONS 665 Clarkson VFD Donation 750 TOT. CAPITAL OUTLAY 77,000 TOTAL LEG. AFFAIRS 5,310 School District In-Lieu-of-tax fee 3,700 NDEQ Annual Operating Fee 7,500 90 DEBT SERVICE 60 OTHER ADMIN. & OVERHEAD Norfolk Administrative Services (CPI Adjusted) 91 PRINCIPAL 61 INSURANCE 38,194 Bond Principal - Series 2010 285,000 Property and General Liability 9,850 Groundwater Monitoring (CPI Adjusted) TOTAL PRINCIPAL 285,000 Public Official Bond 500 35,944 TOTAL INSURANCE 10,350 Audit 6,000 92 INTEREST Attorney 5,000 Bond Interest - Series 2010 40,478 62 TELEPHONE & TELETYPE Drug Screen 1 x $ 35 35 TOTAL INTEREST 40,478 Telephone 600 Emission Inventory & GHG Report 3,576 TOTAL DEBT SERVICE 325,478 Internet 900 Emission Inventory fee 850 TOTAL TELE.&TELETYPE 1,500 Fremont National Bank Annual Fee 450 TOT. EXP. 1,952,080 Legislative Activities 20,000 63 POSTAGE 1,000 TOTAL OTHER PROF.FEES 191,443 ENDING BALANCE 3,891,770 TOTAL POSTAGE 1,000 TOTAL OTH.ADMIN&OV. 207,103 Revenue Bond 108,259 64 OFFICE SUPPLIES 70 GOV'T SUBSIDIES & TRANSFERS Operating & Maintenance 130,000 Printing & copying 200 78 INTERFUND OPER. TRANSFER OUT TOTAL RESTRICTED 238,259 Software 500 Financial Assurance Fund Computer Supplies 300 Closure fund 106,500 UNRESTRICTED BALANCE 3,653,511 Miscellaneous Materials 550 TOTAL FUND ACCT. FOR 5,843,850

NE NEBR SOLID WASTE COALITION GENERAL FUND

11/18/2013 Enclosure 21 Page 52 of 57 DIVISION PERSONNEL ROSTER DIVISION CODE: 229 Grade Merit Date of & Step Monthly Increase Merit Monthly Monthly Name Position Hire 10/1 /13 Wage D a t e Grade /Step New Wage Ave. Wage

Kucera, David Scale Clerk 10/26/95 10 H 3,311 5 -1 10 H 3,311 3,311 Kingsley, Deborah Scale Clerk 10/26/95 10 H 1,656 5 -1 10 H 1,656 1,656

Total 4,967 4,967

NE NEBR SOLID WASTE COALITION GENERAL FUND

11/18/2013 Enclosure 21 Page 53 of 57 FUND REVENUE DETAIL FUND CODE: 804

2010-2011 2011-2012 2012-2013 Dollar Percent Actual Actual Estimated 2012-2013 2013-2014 Increase Increase Code Description Revenues Revenues Revenues Budget Budget (Decrease) (Decrease) Balance Brought Forward 3,944,578 4,335,543 4,718,442 4,707,892 5,110,423 402,531 8.55%

Other Interest Income 38801 Other Interest Income 238,607 228,621 235,686 222,600 239,800 17,200 7.73% Total Other Interest Income 238,607 228,621 235,686 222,600 239,800 17,200 7.73%

Non-Revenue Receipts 39101 Interfund Operating Transfers In 152,358 154,278 156,295 161,800 164,200 2,400 1.48% Total Non-Revenue Receipts 152,358 154,278 156,295 161,800 164,200 2,400 1.48%

Total Revenue 390,965 382,899 391,981 384,400 404,000 19,600 5.10%

Total Funds Available 4,335,543 4,718,442 5,110,423 5,092,292 5,514,423 422,131 8.29%

NE NEBR SOLID WASTE COALITION CLOSURE/POST CLOSURE CARE FUND

11/18/2013 Enclosure 21 Page 54 of 57 FUND REVENUE BUDGET CALCULATION FUND CODE: 804

Code Description

BALANCE BROUGHT FORWARD 5,110,423 Estimate of fund balance on October 1, 2013.

Closure 3,520,572 Post Closure 1,589,851

38801 OTHER INTEREST INCOME 239,800 Closure 166,500 Post Closure 73,300

39101 INTERFUND OPERATING TRANSFERS IN 164,200 Closure 106,500 Post Closure 57,700

NE NEBR SOLID WASTE COALITION CLOSURE/POST CLOSURE CARE FUND

11/18/2013 Enclosure 21 Page 55 of 57 DIVISION EXPENDITURE DETAIL DIVISION CODE: 804

2010-2011 2011-2012 2012-2013 Dollar Percent Actual Actual Estimated 2012-2013 2013-2014 Increase Increase Code Description Expenditures Expenditures Expenditures Budget Budget (Decrease) (Decrease)

Total Expenditures ------

Ending Balance 4,335,543 4,718,442 5,110,423 5,092,292 5,514,423 422,131 8.29%

Total Funds Accounted For 4,335,543 4,718,442 5,110,423 5,092,292 5,514,423 422,131 8.29%

NE NEBR SOLID WASTE COALITION CLOSURE/POST CLOSURE CARE FUND

11/18/2013 Enclosure 21 Page 56 of 57 DIVISION EXPENDITURE BUDGET CALCULATION DIVISION CODE: 804

Code Description Amount

ENDING BALANCE 5,514,423 Closure 3,793,572 Post Closure 1,720,851

NE NEBR SOLID WASTE COALITION CLOSURE/POST CLOSURE CARE FUND

11/18/2013 Enclosure 21 Page 57 of 57