City Council Agenda Packet July 06, 2021

Agenda Packet

NORFOLK CITY COUNCIL MEETING

Tuesday, July 6, 2021 5:30 p.m.

Created 7/1/2021 1:11 PM

https://norfolkne.gov/ of 59

https://norfolkne.gov/

right at home.

309 N 5th Street Norfolk, NE 68701

P402-844-2012 F402-844-2028 www.norfolkne.gov

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 Tuesday, July 6, 2021, 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.

Brianna Duerst

City Clerk Publish (June 30, 2021) 1 P.O.P.

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N E 8 R A S K A

EQUAL HOUSING OPPORTUNITY

AGENDA NORFOLK CITY COUNCIL MEETING

July 06, 2021 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.

All items in the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or a citizen so requests, in which event the item will be removed from the consent agenda and considered separately.

Motion

6. Approval of full agenda. Motion

CONSENT AGENDA 7. Consideration of approval of the minutes of the June 21, 2021, City Council

meeting. Motion

8. June sales tax report (April sales) Motion

9. Consideration of approval of the Mayor's appointment of Doris Kingsbury to the Norfolk Airport Authority completing the unexpired term ending 2024 of Rich Clausen who became ineligible to continue his elected board member seat because he has moved outside of the city limits.

Motion

10. Consideration of approval of an agreement with McMill CPA PC, a Nebraska Professional Corporation, d/b/a McMill CPAs & Advisors, to hold a free educational lemonade camp at Riverpoint Square located at 3rd Street and Norfolk Avenue on August 4, 2021 from 7:30 a.m. to 3:30 p.m.

Motion

11. Consideration of approval to advertise for bids for one Municipal Solid Waste Transfer Trailer for the Transfer Station.

Motion

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12. Consideration of approval of an agreement with Nucor Corporation, by and through its Nucor Cold Finish Nebraska Division, A Delaware Corporation; and Hansen Entertainment, L.L.C., a Nebraska Limited Liability Company, d/b/a U-Hop Entertainment, allowing the use of Skyview Park for the purpose of holding a company picnic which may include but not be limited to having inflatables, food, and games on Sunday, July 18, 2021.

Motion

13. Consideration of approval to purchase a replacement 2022 Ford F250 4x4 pickup for the Parks Division off of State Contract #15520 from Anderson Auto Group for $29,168.

Motion

14. Consideration of approval to purchase 10 Getac ruggedized replacement tablet computers and associated maintenance agreements for the police division off the Omnia Partners Public Sector (formerly U.S. Communities) purchasing contract from Insight Public Sector for a total of $35,071.70.

Motion

15. Consideration of approval of an Easement Agreement between SMD, Inc. and the City of Norfolk for the 4th Street Sanitary Sewer Replacement project.

Motion

16. Consideration of approval of an Easement Agreement between Espino Properties, LLC and the City of Norfolk for the 4th Street Sanitary Sewer Replacement project.

Motion

17. Consideration of approval of an Easement Agreement between Milk Specialties Company and the City of Norfolk for the 4th Street Sanitary Sewer Replacement project.

Motion

18. Consideration of approval of a Special Designated Liquor License for Norfolk Panther Booster Club to serve beer, wine and distilled spirits at the Norfolk Armory, 817 S 1st Street, on August 20, 2021 from 4:00 p.m. to 12:00 a.m. for a fundraiser.

Motion

19. Consideration of approval of a Special Designated Liquor License for St. Paul's Lutheran Church and School to serve beer and wine at Saint Paul Lutheran School, 1010 Georgia Avenue, on September 4, 2021 from 5:00 p.m. to 11:00 p.m. for a "Block Party" event.

Motion

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

PUBLIC HEARINGS AND RELATED ACTION 21. Public hearing to consider a request from Wade Blackman for a waiver of

required connection to the community sewage system for property located at 2100 N 25th Street.

22. Consideration of approval of a request from Wade Blackman for a waiver of required connection to the community sewage system for property located at 2100 N 25th Street.

Motion

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REGULAR AGENDA 23. Consideration of approval of Change Order No. 2F with Beckenhauer

Construction, Inc. for River Point Square and 3rd Street Alley project resulting in a net increase of $1,160.00.

Motion

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right at home.

309 N 5th Street Norfolk, NE 68701

P402-844-2012 F402-844-2028 www.norfolkne.gov

STAFF MEMORANDUM NORFOLK CITY COUNCIL MEETING

July 06, 2021

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.

All items in the consent agenda are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or a citizen so requests, in which event the item will be removed from the consent agenda and considered separately.

Motion

6. Approval of full agenda. Motion

CONSENT AGENDA 7. Consideration of approval of the minutes of the June 21, 2021, City Council

meeting. Motion

See Enclosure 7.

8. June sales tax report (April sales) Motion

June sales tax receipts (April sales) are $935,611.73. The City's sales tax receipts are up $282,497.50 or 43.25% from last June. Consumer use tax was up $12,742.03 and motor vehicle sales tax was up $62,730.34. The remaining increase was in other sales tax. Fiscal year to date sales tax receipts are $906,428.33 or 13.61% more than budgeted. Included in the agenda packet is a sales tax comparison by month. See Enclosure 8.

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Staff Memorandum - 2 - City Council Meeting July 06, 2021

9. Consideration of approval of the Mayor's appointment of Doris Kingsbury to the Norfolk Airport Authority completing the unexpired term ending 2024 of Rich Clausen who became ineligible to continue his elected board member seat because he has moved outside of the city limits.

Motion

See Enclosure 9.

10. Consideration of approval of an agreement with McMill CPA PC, a Nebraska Professional Corporation, d/b/a McMill CPAs & Advisors, to hold a free educational lemonade camp at Riverpoint Square located at 3rd Street and Norfolk Avenue on August 4, 2021 from 7:30 a.m. to 3:30 p.m.

Motion

See Enclosure 10.

11. Consideration of approval to advertise for bids for one Municipal Solid Waste Transfer Trailer for the Transfer Station.

Motion

The City purchases transfer trailers, tractors, and hauls the solid waste to the landfill. This request is for a scheduled replacement of existing equipment, and is necessary to maintain reliable equipment. Trailer delivery would be expected in the summer of 2022. Staff recommends approval. See Enclosure 11.

12. Consideration of approval of an agreement with Nucor Corporation, by and through its Nucor Cold Finish Nebraska Division, A Delaware Corporation; and Hansen Entertainment, L.L.C., a Nebraska Limited Liability Company, d/b/a U-Hop Entertainment, allowing the use of Skyview Park for the purpose of holding a company picnic which may include but not be limited to having inflatables, food, and games on Sunday, July 18, 2021.

Motion

See Enclosure 12.

13. Consideration of approval to purchase a replacement 2022 Ford F250 4x4 pickup for the Parks Division off of State Contract #15520 from Anderson Auto Group for $29,168.

Motion

14. Consideration of approval to purchase 10 Getac ruggedized replacement tablet computers and associated maintenance agreements for the police division off the Omnia Partners Public Sector (formerly U.S. Communities) purchasing contract from Insight Public Sector for a total of $35,071.70.

Motion

15. Consideration of approval of an Easement Agreement between SMD, Inc. and the City of Norfolk for the 4th Street Sanitary Sewer Replacement project.

Motion

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This is a permanent easement for the construction and maintenance of a sanitary sewer line located along Lots 1 and 2, SMD Addition. This easement includes payment of $375.00 due to moving 3 trees that will be impacted as part of the project. Staff recommend acceptance. See Enclosure 15.

16. Consideration of approval of an Easement Agreement between Espino Properties, LLC and the City of Norfolk for the 4th Street Sanitary Sewer Replacement project.

Motion

This is a temporary easement for the construction and maintenance of a sanitary sewer line located along Lot 3, Block 17, River Side Park Addition. Staff recommend acceptance. See Enclosure 16.

17. Consideration of approval of an Easement Agreement between Milk Specialties Company and the City of Norfolk for the 4th Street Sanitary Sewer Replacement project.

Motion

This is a permanent and temporary easement of the construction and maintenance of a sanitary sewer line located along Lot 1, Mid-America Subdivision. Staff recommend acceptance. See Enclosure 17.

18. Consideration of approval of a Special Designated Liquor License for Norfolk Panther Booster Club to serve beer, wine and distilled spirits at the Norfolk Armory, 817 S 1st Street, on August 20, 2021 from 4:00 p.m. to 12:00 a.m. for a fundraiser.

Motion

See Enclosure 18.

19. Consideration of approval of a Special Designated Liquor License for St. Paul's Lutheran Church and School to serve beer and wine at Saint Paul Lutheran School, 1010 Georgia Avenue, on September 4, 2021 from 5:00 p.m. to 11:00 p.m. for a "Block Party" event.

Motion

See Enclosure 19.

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

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PUBLIC HEARINGS AND RELATED ACTION

21. Public hearing to consider a request from Wade Blackman for a waiver of required connection to the community sewage system for property located at 2100 N 25th Street.

City Code Section 26-57 (a) says that if the owner of said property, after review by the Health Director and the Public Works Director, meets certain criteria (see attachment), then the owner may seek a waiver of the required connection to the community sewage system by filing an application with the City Clerk. The City Clerk shall place the request on the next regular City Council meeting agenda. Said waiver shall only be granted after a hearing and an affirmative vote of three-fourths (3/4) of all members of the City Council. The City Council in granting such a waiver shall have the power to place any reasonable restrictions or conditions on said waiver that the City Council deems necessary to give effect to the intent of this section. See Enclosure 21.

22. Consideration of approval of a request from Wade Blackman for a waiver of required connection to the community sewage system for property located at 2100 N 25th Street.

Motion

REGULAR AGENDA

23. Consideration of approval of Change Order No. 2F with Beckenhauer Construction, Inc. for River Point Square and 3rd Street Alley project resulting in a net increase of $1,160.00.

Motion

On July 20, 2020 the Mayor and City Council awarded a $595,999.00 contract for the project: $122,899.05 for the alley portion and $473,099.95 for the parking lot portion. On November 2, 2020 Change Order No. 1 was approved providing for a change in the landscape irrigation contractor, extra work for alley phasing and pedestrian access, and removing foundation exposed during site demolition resulting in a new total contract amount of $590,075.00. Change Order No. 2F provides for a change in light pole base size resulting in a final contract price of $591,235.00. Staff recommend approval. See Enclosure 23.

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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 North 5th Street, Norfolk, Nebraska on the 21st day of June, 2021,

beginning at 5:30 p.m.

Following a moment of silence and the Pledge of Allegiance to the flag of the United States of

America, Mayor Josh Moenning called the meeting to order. Roll call found the following

Councilmembers present: Corey Granquist, Frank Arens, Rob Merrill, Fred Wiebelhaus, Thad

Murren, Gary L. Jackson, and Kory Hildebrand. Absent: Shane Clausen.

Staff members present were: City Administrator Andy Colvin, City Clerk Brianna Duerst,

Finance Officer Randy Gates, Administrative Secretary Bethene Hoff, Public Works Director

Steve Rames, Risk Manager Lyle Lutt, City Planner Val Grimes, Economic Developer Candice

Alder, Economic Development Assistant Jen Olson, Water and Sewer Director Dennis Watts and

Police Chief Don Miller.

The Mayor presided and the City Clerk recorded the proceedings.

The Mayor informed the public about the location of the current copy of the Open Meetings Act

posted in the City Council Chambers and accessible to members of the public.

Notice of the meeting was given in advance thereof by publication in the Norfolk Daily News,

Norfolk, Nebraska, the designated method of giving notice, as shown by affidavit of publication.

Notice was given to the Mayor and all members of the Council and a copy of their

acknowledgement of receipt of notice and agenda is attached to the minutes. Availability of the

agenda was communicated in the advance notice and in the notice to the Mayor and Council of

this meeting. All proceedings hereafter shown were taken while the convened meeting was open

to the public.

Agenda Motions

Councilmember Merrill moved, seconded by Councilmember Arens to approve the consent

agenda as printed. Roll call: Ayes: Councilmembers Granquist, Arens, Merrill, Wiebelhaus,

Murren, Jackson and Hildebrand. Nays: None. Absent: Clausen. Motion carried.

Councilmember Wiebelhaus moved, seconded by Councilmember Granquist to adopt the full

agenda as printed. Roll call: Ayes: Councilmembers Granquist, Arens, Merrill, Wiebelhaus,

Murren, Jackson and Hildebrand. Nays: None. Absent: Clausen. Motion carried.

Consent Agenda Items Approved

Minutes of the June 7, 2021, City Council meeting

the Mayor's reappointment of Russ Wilcox for a three-year term on the Norfolk Area Economic

7/6/2021 Enclosure 7 of 59

Development Council expiring June 30, 2024

Mayor’s appointment of Elizabeth McKay to the Library Advisory Board for a five-year term

ending July 2026

Mayor's reappointment of John Curran to the Civil Service Commission for a six-year term

ending June 2027

Ray Johnson agreement for a Battle at the North Fork disc golf tournament at Skyview Park on

Saturday, September 25, 2021 from 6:00 a.m. to 8:00 p.m.

Big Bang Boom, Inc., a Nebraska Nonprofit Corporation, and J & M Displays, Inc., an Iowa

Corporation, agreement allowing the use of Skyview Park and Ta-Ha-Zouka Park, to be used for

the purpose of conducting various activities for a 4th of July celebration, including but not

limited to a fireworks display, from Friday, July 2, 2021 to Sunday, July 4, 2021

Norfolk Post 16 of The American Legion at Norfolk, Nebraska, a Chartered Unit of the Nebraska

American Legion and its National Organization, agreement allowing the use of the baseball field

in Veterans Memorial Park to hold a district senior baseball tournament from Friday, July 16,

2021 through Wednesday, July 21, 2021

No local recommendation to the Nebraska Liquor Control Commission on the corporate manager

application of David A. Morfeld in conjunction with the Class D liquor license of Walmart, Inc.,

dba Walmart 645, 2400 West Pasewalk Avenue

No local recommendation to the Nebraska Liquor Control Commission on the corporate manager

application of Andrew R. Guenther in conjunction with the Class DK liquor license of STL of

Nebraska, Inc., Target Store T-0856, 1510 Market Lane

Resolution No. 2021-21 approving the final plat and subdivision agreement of The Pines

Subdivision

Resolution No. 2021-22 approving the final plat and subdivision agreement of Wyndham Hills

4th Addition

Purchase a replacement 3/4 ton pickup truck for $36,722, off of the State of Nebraska Contract

#15520 OC, from Anderson Auto Group for use by the Sewer Division

Purchase a replacement 3/4 ton pickup truck for $37,922, off of the State of Nebraska Contract

#15520 OC, from Anderson Auto Group for use by the Water Division

Purchase a replacement Tractor for $104,170, from Dinkel's Implement off of the Sourcewell

Contract, for use by the Street Division

Purchase of a replacement Street Division 2022 Ford F-450 form truck from Courtesy Ford of

Norfolk for $67,447.00, which is lower than the state contract price


Bills in the amount of $2,008,550.62

Special Presentations

Steven Rames presented to the Mayor and City Council the Norfolk Public Transportation

Funding Request.

The Mayor proclaimed June 19, 20201 as “Celebrate Juneteenth Day”.

Public Hearings and Related Items

Public Hearing

(Citizen Advisory Review Committee)

A public hearing was held to receive a report on findings and suggestions from the economic

development Citizen Advisory Review Committee as required by State Statutes Section 18-2715.

Finance Officer Randy Gates provided information to the Mayor and City Council. State Statutes

require a Citizen Advisory Review Committee (CARC). The citizens serving on CARC are:

Cindy Morrow, Brandon Day, Aaron Otten, Jan Einspahr and Kathie Means. The City's Finance

Officer serves as an ex officio non-voting member of CARC. State Statutes require the CARC to

meet at least once in every six-month period and to report to the City Council on its findings and

suggestions at a public hearing called for that purpose. The committee reviewed and discussed

the following: 1) Current funding. 2) Rural Business Development Grant Revolving Loan Fund

Program update. 3) LB 840 Plan amendment to include film production as a qualifying business.

4) Economic development update. 5) CARC findings and suggestions for public hearing.

This item was for informational purposes only.

Public Hearings

(West Highway 275 Phase II blight & substandard declaration)

A public hearing was held to consider a blighted and substandard declaration for the area

referred to as the West Highway 275 Phase II Redevelopment Area. City Administrator Andy

Colvin provided information to the Mayor and City Council. Colvin said the blight and

substandard determination is the first step to redevelopment and does not have any effect on

property values, taxes, zoning or permitted uses. Once an area is declared blighted and

substandard, a redeveloper can then bring a project forward. A redevelopment plan has a separate

process of an application and public hearings at both Planning Commission and City Council and

review by the Community Development Agency. The redevelopment process is a long and open

process.

Jan Merrill and Tom Higginbotham, Northeast Nebraska Economic Development District

(NENEDD), provided information on the findings of the blight and substandard determination

study. There are seven parcels in the study area. NENEDD found that there were four

substandard and five blighted factors in the study area. Letters were sent to all property owners

in the study area, two of which reached out for more information. If this area is designated

blighted and substandard, the City of Norfolk’s allowable percentage of blighted and substandard


area will reach 33.75% of the 35% maximum. This will leave approximately 106 acres that could

be declared blighted and substandard. Property outside of the city limits can be declared blighted

and substandard but, any project would need to be annexed into the city to be eligible for tax

increment financing (TIF).

Merrill and Higginbotham discussed the map of the blighted area. The study area follows

property lines and it is very rare that parcels are split.

John Dinkel, 4800 N Deer Run, presented a letter to Councilmembers expressing several

concerns over the area and asked that the Council table the vote on the blighted designation

pending more open conversation. Dinkel discussed the property included in the study area that

was recently purchased by Ho-Chunk as this property goes much farther north than the other

properties in the area. Dinkel further discussed concerns over the Ho-Chunk property, what will

be developed on the parcel and effects on neighboring properties.

Moenning noted that what is being considered at this meeting is the blight study and that the city

has not received any applications from any entity relative to redevelopment on this property.

Anything that may or may not develop at this point is speculative. Moenning also noted that

extending existing blighted areas is not uncommon for the City of Norfolk for purposes for

potential redevelopment.

Mark Hall, 1642 Hackberry Drive, discussed changes in culture in the City of Norfolk. Hall

expressed concern over entities that are property tax revenue dependent and the effect the use of

TIF has on these entities. Hall said the agricultural land needs development, not redevelopment.

Hall also discussed the impact of the use of TIF on the taxpayers.

Julie Deering, 4812 W Norfolk Ave, a property owner in the study area, said she would like to

have her property removed from the blighted and substandard determination area.

Brett Jackson, 4800 S Deer Run Drive, expressed concern over prime Nebraska ag land being

blighted. Jackson expressed he would like to see the vote tabled. Jackson also asked if Ho-Chunk

can claim sovereign immunity from zoning. Moenning said they could not as Ho-Chunk, Inc. is a

business corporation. Jackson also discussed the possibility of splitting up the parcel for the

blight and substandard determination.

Higginbotham answered Councilmember questions related to blight and substandard definitions,

the area included in the study and study process as well as other study areas completed for the

City of Norfolk.

City Planner Val Grimes discussed the zoning change process and City Administrator Andy

Colvin discussed the redevelopment plan process.

On June 8, 2021, the Norfolk Planning Commission held a public hearing regarding the West

Highway 275 Phase II Redevelopment Area blighted and substandard declaration. 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 blight and substandard

determination and the Mayor declared the hearing closed.


Resolution No. 2021-23

(West Highway 275 Phase II Redevelopment Area blighted and substandard declaration)

Councilmember Merrill moved, seconded by Councilmember Jackson, for adoption of

Resolution No. 2021-23 approving to declare the West Highway 275 Phase II Redevelopment

Area blighted and substandard.

Councilmember Granquist moved, seconded by Councilmember Wiebelhaus to table Resolution

No. 2021-23.

Roll call: Ayes: Councilmembers Granquist, Arens, Merrill, Wiebelhaus, Murren, Jackson and

Hildebrand. Nays: None. Absent: Clausen. Motion carried. Resolution No. 2021-23 was

tabled.

Public Comment Period

Dan Geary and Kenneth Porter discussed the recently adopted truck route ordinance and

expressed concern over the signage and confusion of truck drivers over where they can drive for

local deliveries and to get to a local business. Elected officials agreed the signage should be

looked at and made clearer. Public Works will work on updating signage to clear up confusion.

Mike Matejka, 211 S 10th St, discussed an issue with a neighboring property owner’s proposed

fence as Mr. Matejka’s dwelling is approximately 2 feet off the property line. Moenning

encouraged Mr. Matejka to speak with Val Grimes, Planning and Development Director, after

the meeting to discuss city code related to fences.

Paul Medelman, 1501 Miles Drive, discussed the effect of the 2010 flood had on the Elkhorn

River and the possibility of widening a portion of the river between 13th Street and 1st Street. The

river narrows to approximately 150’ in open area. Medelman feels if that were widened, it would

alleviate flooding on the southeast area of town.

There being no further business, the Mayor declared the meeting adjourned at 7:37 p.m.

_____________________________

Josh Moenning

Mayor

ATTEST:

__________________________

Brianna Duerst

City Clerk

( S E A L )

I, the undersigned Clerk, hereby certify that the foregoing is the full, true and correct original

document of proceedings of Monday, June 21, 2021, had and done by the Mayor and City


Council; that all of the subjects included in the proceedings were contained in the agenda for the

meeting, kept continually current and available for public inspection at the office of the Clerk;

that such subjects were contained in said agenda for at least twenty-four hours prior to the

meeting; that at least one copy of all reproducible material discussed at the meeting was

available at the meeting for examination and copying by members of the public; that the said

minutes were in written form and available for public inspection within ten working days and

prior to the next convened meeting of said body; that all news media requesting notification

concerning meetings of said body were provided advance notification of the time and place of

said meeting and the subjects to be discussed at said meeting.

____________________________

Brianna Duerst

City Clerk

( S E A L )


PAYMENT 2021

DATE 2016 2017 2018 2019 2020 2021 BUDGET

October 676,884.35$ 691,047.65$ 678,401.87$ 749,907.08$ 791,667.22$ 807,699.88$ 776,833.88$ 16,032.66$ 2.03% 30,866.00$ 3.97%

November 639,696.03$ 666,760.27$ 654,681.26$ 693,592.86$ 773,622.59$ 798,022.46$ 759,150.14$ 24,399.87$ 3.15% 38,872.32$ 5.12%

December 650,060.03$ 663,578.12$ 651,260.81$ 688,673.25$ 760,004.07$ 815,440.55$ 745,803.99$ 55,436.48$ 7.29% 69,636.56$ 9.34%

January 642,697.76$ 672,893.22$ 705,769.95$ 722,650.88$ 743,508.54$ 821,520.19$ 729,638.37$ 78,011.65$ 10.49% 91,881.82$ 12.59%

February 800,623.67$ 797,267.30$ 799,180.83$ 812,345.69$ 887,425.53$ 950,153.16$ 870,677.02$ 62,727.63$ 7.07% 79,476.14$ 9.13%

March 566,286.90$ 579,854.82$ 610,326.58$ 632,492.20$ 633,342.26$ 774,090.95$ 621,675.41$ 140,748.69$ 22.22% 152,415.54$ 24.52%

April 585,739.56$ 569,141.80$ 575,250.20$ 606,371.26$ 725,373.93$ 719,690.10$ 711,866.45$ (5,683.83)$ -0.78% 7,823.65$ 1.10%

May 671,526.42$ 703,172.86$ 690,707.66$ 712,360.98$ 733,041.40$ 943,475.10$ 719,380.57$ 210,433.70$ 28.71% 224,094.53$ 31.15%

June 640,120.58$ 643,402.37$ 649,735.86$ 738,010.16$ 653,114.23$ 935,611.73$ 724,249.96$ 282,497.50$ 43.25% 211,361.77$ 29.18%

July 662,828.95$ 670,767.34$ 785,104.37$ 761,157.69$ 750,322.72$ -$ 746,934.54$ -$ 0.00% -$ 0.00%

August 711,339.14$ 729,884.21$ 786,723.11$ 756,686.77$ 866,997.21$ -$ 742,553.03$ -$ 0.00% -$ 0.00%

September 672,064.20$ 645,165.09$ 734,838.03$ 748,664.90$ 857,175.30$ -$ 734,524.64$ -$ 0.00% -$ 0.00%

TOTALS $7,919,867.58 $8,032,935.04 $8,321,980.52 8,622,913.72$ 9,175,595.00$ 7,565,704.12$ 8,883,288.00$ 864,604.35$ 12.90% 906,428.33$ 13.61%

BUDGET VARIANCECHANGE 2020 TO 2021

CITY OF NORFOLK

1 1/2 CENT SALES TAX COMPARISON

2016 - 2021

$-

$100,000.00

$200,000.00

$300,000.00

$400,000.00

$500,000.00

$600,000.00

$700,000.00

$800,000.00

$900,000.00

$1,000,000.00

October November December January February March April May June July August September

1 1/2 Cent Sales Tax Comparison

2016

2017

2018

2019

2020

2021


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O"N EL E. GEA~Y. CHAIRMAN WILLIAM JEPSEN. VICE CHAIRMAM GR• •so-. FRO,<BERG. SECRfT ARY RAHOY N(U>;,;Rln, &OARD t~Et4:• IERRI WACHTER. AIRPORI MANAGER

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' -N O R F O L K A I R P O R T A U T H O R I T Y

Date:

Norfolk Regional Airport / Karl Stefan Memoria l Field 4100South 13th St., P.O. Box 1343

Norfolk, NE 68702-1343

June 1.7, 202 1

EMAIL: adminufk1•.nlllfl>ll..nl'i!!tJ'!'Tl.q !_m PHONE: -!02-:\71-7210 Mobile: -102-8-11 -51 l(l fax: 402-371-2715

TO: Mayor Josh Moenning Councilman Frank Arens Councilman Shane Clausen Councilman Corey Granquist Councilman Gary Jackson Councilman Rob Merrill Councilman Thad Murren Councilman Kory Hildebrand Councilman Fred Wiebelhaus

FROM: Norfolk Airport Authority

SUl3JET: Recommendation of appointment

As stated in the attached copy of Nebraska Airport Authority Statutes. all Airport Authority board members shall be residents of the city for which the authority is created. Any vacancies shall be tilled by appointment by the Mayor of the City of Norfolk, to carry out the tenn of the elected position.

In May 2021, Rich Clausen became ineligible to continue his elected board member seat because he has taken residence outside of the city limits.

At the June 14, 2021 Airport Authority Meeting, motion was made and carried to recommend Mayoral appointment of Doris Kingsbury, with city council approval. to serve the unexpired portion of the tem1 of the member whose office was vacated. Doris is a resident of the city. a past authority board member and is willing to actively fill the vacated seat until its expiration in 2024.

Please acknowledge receipt of this recommendation request.

For the Norfolk Airpo1i Authority:

/~- Jt-A~--Terri Wachter, Airport Manager


1 NEBRASK.A LEGISLATURE The o(/irial -,ifr v/'lhc i'hbrask11 U11irn11" ml L,_qis/,,/ur.

Nebraska Revised Statute 3-502

Chapter 3

3-502.

Airport authority; created; board; members; expenses; delegation of authority; period of corporate existence; jurisdiction.

(1) Any city ma_y create an airport authority to be ma'11aged and controlled by a board. The board, when and 1f

appOinted, shall have full and exclusive jurisdiction and control over all facilities owned or thereafter acquired by such dty for the purpose of aviation oper<1tion, air navigatiof"\. and air safety operatton

(2) The Cities Airport Authorities Act shall not become operative as to any city unless the mayor and city

council in their discretion activate the airport authority by the mayor appointing and the cou,1eil approving the

board members as provided in this section. Each such board shall be a body corporate and pofitic; constituting

a public corporation and an agency of the crty for which such board is established

(3) Each board in cities of the primaty, first. and second classes and in villages shall consist of five members to be appointed by the mayor wrth the approv<1I of the city counc.il to serve until the;, successors elec:ed pursuant

to sect ion Jli4.Z take office. Members of such boa1d shall be residents of the city for which such authority is created. Any vacancy on such board shall be filled by appointment by the mayor. with the approval of the city

council, to serve the unexpired portion of the term. A member of s1,cl1 board may be removed from office for

incompetence. neglect of duty, or malfeasance in office An action for ihe removal of such oflicer may be

brought, upon resolution of the city counol, on the district court of the county in which such city is located.

{4) Each board in c,ties oi the metropolitan class shall consist of five members who shall be nom,nated by tlie

mayor and approved by the city council and shall serve for terms of five years, Any vacancy on such board shall

be filled, not later than six months after the date of such vacancy, by appointment by the mayor with the

approval of the city council. and such appointee shall serve the unexpired portion of the term of the member

whose office was vacated Any member of such board may be removed from office by the mayor. for

incompetence. neglect of duiy, or malfeasance in office, with the consent and approval of the city council.

(5) The members of the board hereby crea:ed shall not be entitled to compensation for their servtces but shall be entitled to reimbursement of expenses paid or incurred " ' the performance of the duties imposed upon

them by the Cities Airpon Authont,es Act. to be paid as provided in section ii.l..lill for county offfcers and

employees. A majority of the members of the board then in office shall consti tute a riuorum The board may

delegate to one or more of the members. or io its officers, agents, and employees. such powers and duties as it may deem proper

(6) The board and its corporate existence shall continue only for a period of twenty years from the date of

appointment of the members thereof and thereafter until all its liabilities have been met and its bonds have

been paid in full or such liabilities and bonds have otherwise been discharged. When all liabili ties incurred by

the authority of every kind .and character have been met and all its bonds have been paid in fuli or such

liabilities and bonds have otherwise been discharged, all nghts and properties of the authority shall pass to

and be vested in the City. The authonty shall have and retain full and exclusive Jurisdiction and co ntrol over all

project s under its Junsdict,on, with the right and duty to charge and collect revenue therefrom. for the benefit

of the holders of any of ,ts bonds or other liabilities. Upon the authority's ceasing to exist, all ,ts remaining

rights and properties shall pass to and vest in the city

Source

9 Laws 1957, c. 9, § 2. p. 111;

B Laws 1959, c. 12, ! 1, p. 120: 8 Laws 1965, c. 19, § 1, p. 153;

l!I Laws 1967, c. 14. § 1, p. 102; 9 laws 1967, c. 15, § 1, p. 106;

9 Laws 1969. c. 25, § 1, p . 218, l!I Laws 1971. l 8 164. i 1;

9 Laws 1972, LS 661, § 1; l!I laws 1977, LB 201, § 1; 8 Laws 1981, LB 204, § 13;

9 laws 1988, LB 975, § 1: .. . 1/2

AGREEMENT

This Agreement is made and entered into the ______ day of _____________, 2021, by and between the City of Norfolk, Nebraska, a Municipal Corporation, hereinafter referred to as “CITY”, and McMill CPA PC, a Nebraska Professional Corporation, d/b/a McMill CPAs & Advisors, hereinafter referred to as “McMILL”, WITNESSETH: In consideration of the mutual covenants contained herein, and for other good and valuable consideration, CITY agrees to allow McMILL to use CITY’s Riverpoint Square facility for a Lemonade Camp event subject to the following: 1. FACILITY. CITY, being the owner of the park facility commonly known as Riverpoint Square, is willing to allow McMILL to utilize the park in conjunction with McMILL’s purpose of holding a Lemonade Camp event for children to learn business basics and set up a lemonade stand. The event may include but not be limited to crafts, lunch, and setting up and running a lemonade stand. 2. TERM. The term of this Agreement shall be from 7:30 a.m. to 3:30 p.m. on Wednesday, August 4, 2021. 3. SETUP/CLEANUP. McMILL may begin setting up for the event at 7:30 a.m. on Wednesday, August 4, 2021. McMILL shall be responsible for cleanup from the event and shall complete said cleanup on Wednesday, August 4, 2021. In the event McMILL fails to clean up the park at the conclusion of its event on August 4, 2021, McMILL agrees to pay the actual cost incurred by CITY in cleaning the same. CITY shall document the condition of the park and shall consult with McMILL prior to cleaning, if practicable. 4. NONEXCLUSIVE USE. The parties understand that McMILL’s use of Riverpoint Square for its event shall be nonexclusive as the park will not be closed to the public during this event. 5. VENDING. Section 18-10 of the Official Code of the City of Norfolk, Nebraska states that vending of various goods, services, products or commodities is permitted; however, such vending is conditional upon the vendor first obtaining permission from the Mayor and City Council. This Agreement shall serve as permission granted to McMILL as required by Section 18-10 of the City Code for vending in Riverpoint Square during the term of this Agreement. 6. INSURANCE. McMILL 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


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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, McMILL shall name CITY as an additional insured. The policy issued shall cover all activities sponsored by McMILL while using CITY’s facility at Riverpoint Square with no exclusions. If possible and financially feasible, McMILL shall endeavor to have McMILL’s insurance policy provide coverage for issues related to COVID-19, novel coronavirus, or similar issues. McMILL’s insurance shall be the primary insurance coverage for McMILL’s event. McMILL agrees to be responsible for any damages or claim of loss not covered by McMILL’s insurance. 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 by July 25, 2021, then (1) McMILL shall pay a late fee to CITY in the amount of $75.00, and (2) this Agreement shall be voidable at the option of CITY's risk manager.

7. HOLD HARMLESS/INDEMNIFICATION. McMILL agrees to save, hold harmless, indemnify and defend CITY, its representatives, agents and employees from any loss or damage or claim of loss by McMILL or any third party from damage or claim of 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 McMILL failing to perform its obligations under this Agreement or

engaging in any activity not authorized by this Agreement. The parties acknowledge and agree that these indemnification and hold harmless provisions specifically include, but are not limited to, any claims, damages, or causes of action and all liability, cost or expense specifically including court costs and all reasonable attorney fees for any COVID-19, novel coronavirus, or related issues.

8. RELEASES. In the event that McMILL obtains Releases for participation in McMILL’s event while utilizing CITY’s facility under the terms of this Agreement, said Releases shall include a provision releasing CITY from the same liability and in the same manner that is afforded to other entities being released.

9. NO PAINT ON CONCRETE. McMILL shall not paint or permanently mark any concrete in Riverpoint Square for McMILL’s event. In the event that McMILL does paint or permanently mark the concrete, then City shall have the paint or marking removed and the cost thereof shall be paid by McMILL.

10. NO HOLES IN CONCRETE. McMILL shall not drill any holes in the concrete of Riverpoint Square or any adjacent sidewalks.

11. NO SIGNS ALONG STATE HIGHWAY. Pursuant to Nebraska Administrative Code Title 410, Chapter 3, McMILL shall not place signs advertising McMILL’s event on property adjacent to any state highway.

12. DIRECTED HEALTH MEASURES. McMILL agrees to comply with any and all Directed Health Measures issued by the Governor of the State of Nebraska and to comply with


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the most current and updated Directed Health Measures of all local, state, and federal health agencies as they relate to activities authorized in this Agreement. 13. MANAGEMENT. The parties acknowledge and agree that McMILL shall be solely responsible for the operation and management of the park during the term of this Agreement when the park is being utilized by McMILL for McMILL’s event and related activities. McMILL shall be responsible for operating and managing the park in accordance with all applicable rules and regulations of any governmental entity with jurisdiction over the park including, but not limited to, the most current and updated directed health measures of all local, state, and federal health agencies, and all resolutions and ordinances of CITY (collectively the “Rules”). McMILL represents and covenants to CITY that McMILL is familiar with the Rules and that McMILL shall operate and manage the park in accordance with the Rules. McMILL shall ensure that all individuals utilizing the park for McMILL’s event shall conduct themselves in accordance with the Rules.

14. MAINTENANCE. McMILL shall be responsible for maintaining the park in accordance with the Rules so that the park may be utilized for permitted activities hereunder. Such obligation shall include, but not be limited to, all sanitation guidelines and maintenance obligations that are set forth in the Rules. McMILL shall ensure that any guests, invitees, or visitors are those permitted to be in attendance at the park in accordance with the Rules. 15. NO USAGE FEE. McMILL shall pay no fee to CITY for the use of Riverpoint Square for its event.

16. CANCELLATIONS. Notwithstanding any other provision of this Agreement, CITY retains the right at any time to cancel any activities scheduled on CITY property due to inclement weather or for any other reason. CITY shall not be responsible for any loss to McMILL resulting from CITY’s cancellation of McMILL’s activities.

17. AUTHORITY TO SIGN AGREEMENT. The individuals signing this Agreement

represent that they are authorized to sign on behalf of the respective parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed the foregoing Agreement in duplicate the day and year first above written. This Agreement may be executed in counterparts. Each such counterpart, executed in duplicate, shall be deemed an original hereof and all such executed counterparts shall together be one and the same instrument.

CITY OF NORFOLK, NEBRASKA, A Municipal Corporation ATTEST: ___________________________ By___________________________ Brianna Duerst, City Clerk Josh Moenning, Mayor Approved as to Form: _________________________________ Danielle Myers-Noelle, City Attorney


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McMILL CPA PC, A Nebraska Professional Corporation

By____________________________________ Printed Name: _____________________________ Title: ____________________________________


Request for Bids

Sealed bids will be received by the City of Norfolk, Nebraska, until 1:00 p.m. on

Wednesday, August 4, 2021, to purchase one (1) Current Model 50 foot transfer trailer to

be used at the Solid Waste Transfer Station.

Sealed bids must be marked “Transfer Trailer” and may be mailed or delivered to arrive at

the City offices at 309 N. 5th Street by 1:00 p.m. on said date. Faxed bids are not

acceptable. Bid specifications may be obtained from Solid Waste Supervisor, 610 East

Monroe Avenue, Norfolk, NE 68701

The City reserves the right to reject any, or all bids, or any portion thereof, or to waive

informality in any bid.

By order of the Mayor and City Council this 6th day July, 2021.

Brianna Duerst

City Clerk

Publish (July 21, 28, 2021)

1 P.O.P.


AGREEMENT

This Agreement is made and entered into the ______ day of _____________, 2021, by and between the City of Norfolk, Nebraska, a Municipal Corporation, hereinafter referred to as “CITY”; Nucor Corporation, by and through its Nucor Cold Finish Nebraska Division, A Delaware Corporation, hereinafter referred to as “NUCOR”; and Hansen Entertainment, L.L.C., a Nebraska Limited Liability Company, d/b/a U-Hop Entertainment, hereinafter referred to as “U-HOP”, WITNESSETH: In consideration of the mutual covenants contained herein, and for other good and valuable consideration, CITY agrees to allow NUCOR to use CITY’s Skyview Park facility for a company picnic subject to the following: 1. FACILITY. CITY, being the owner of the park facility commonly known as Skyview Park, is willing to allow NUCOR to utilize the park in conjunction with NUCOR’s purpose of holding a company picnic which may include but not be limited to having inflatables, food and games in the park. 2. TERM. The term of this Agreement shall be from 2:00 p.m. to 9:00 p.m. on Sunday, July 18, 2021. 3. MAP. Attached hereto as Exhibit “A” is a map delineating the portion of Skyview Park near the covered stage that NUCOR will utilize for its event. Said delineated area is hereinafter referred to as the “designated area of the park”. 4. SET UP/CLEAN UP. NUCOR shall be allowed to begin setting up for its event on Sunday, July 18, 2021, at 2:00 p.m. in Skyview Park and shall be responsible for cleanup from the event and shall complete said cleanup at the conclusion of the event. 5. NONEXCLUSIVE USE. The parties understand that NUCOR’s use of Skyview Park for its event shall be nonexclusive as the park will not be closed to the public during this event. 6. VEHICLE PARKING. Parking of vehicles in the park shall be restricted to currently existing parking areas and to such other areas as are approved for parking at the sole discretion of the CITY’s parks and recreation director or his designee. The parties acknowledge that the areas approved for parking are subject to change or denial up until the time of the event and may depend upon precipitation or other variables not within the control of the parties to this Agreement. 7. SHELTER. The parties acknowledge that NUCOR has, by separate Agreement with CITY, reserved an open-air shelter at Skyview Park for its event. 8. INSURANCE. NUCOR shall provide CITY with a certificate of general liability insurance in the following minimum amounts:


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General Aggregate $2,000,000

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 cover all activities sponsored by NUCOR for this event with no exclusions. NUCOR’s insurance shall be the primary insurance coverage for NUCOR’s event. NUCOR agrees to be responsible for any damages or claim of loss not covered by NUCOR’s insurance. A certificate of insurance shall be filed with the Norfolk City Clerk upon execution of this Agreement. In the event the certificate of insurance is not filed by July 8, 2021, then (1) NUCOR shall pay a late fee to CITY in the amount of $75.00, and (2) this Agreement shall be voidable at the option of CITY's risk manager. 9. HOLD HARMLESS/INDEMNIFICATION. NUCOR agrees to save, hold harmless, indemnify and defend CITY, its representatives, agents and employees from any loss or damage or claim of loss by NUCOR or any third party from damage or claim of 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 NUCOR failing to perform its obligations under this Agreement or

engaging in any activity not authorized by this Agreement. The parties acknowledge and agree that these indemnification and hold harmless provisions specifically include, but are not limited to, any claims, damages, or causes of action and all liability, cost or expense specifically including court costs and all reasonable attorney fees for any COVID-19, novel coronavirus, or related issues.

10. RELEASES. In the event that NUCOR obtains Releases for participation in NUCOR’s event while utilizing CITY’s facilities under the terms of this Agreement, said Releases shall include a provision releasing CITY from the same liability and in the same manner that is afforded to other entities being released.

11. INFLATABLES.

A. Placement of Inflatables. CITY shall allow NUCOR and/or U-HOP to place inflatables in the park at a location approved by CITY’s parks and recreation director. If the inflatables are to be held in place by stakes in the ground, then at least forty-eight (48) hours prior to Sunday, July 18, 2021, NUCOR and/or U-HOP shall contact Nebraska 811 (formerly Diggers Hotline of Nebraska) to ascertain the location of underground utility lines in the areas where inflatables are to be placed. After utility lines have been determined by Nebraska 811 and prior to setting any stakes, NUCOR and/or U-HOP shall coordinate with CITY’s parks and recreation director as to the contemplated location of the inflatables. CITY will attempt to locate any private underground lines it owns. NUCOR and/or U-HOP shall not set any stakes until


3

receiving approval from CITY’s parks and recreation director as to the exact location where the inflatables are to be placed. NUCOR and/or U-HOP shall be responsible for any damage to any underground utility lines or to any unlocated lines.

B. Wind. NUCOR and/or U-HOP agree to cease and desist use of inflatables in the event wind speeds exceed inflatables manufacturer’s recommendations.

C. U-HOP Insurance. U-HOP shall provide CITY with a certificate of general liability

insurance in the following minimum amounts:

General Aggregate $2,000,000 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 cover all activities sponsored by U-HOP for this event with no exclusions. In addition, U-HOP shall name CITY as an additional insured. Said insurance shall be the primary insurance coverage for all events related to the placement and operation of inflatables on CITY’s property during NUCOR’s event July 18, 2021. 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 by July 8, 2021, then (1) this paragraph of this Agreement shall be voidable at the option of CITY’s risk manager, and (2) U-HOP is not authorized to place or operate inflatables in the park and NUCOR shall be responsible for any unauthorized placement and operation of inflatables in the park.

D. Hold Harmless/Indemnification by U-HOP. U-HOP herewith agrees to save, hold harmless, indemnify and defend CITY, its representatives, agents and employees from any loss or damage or claim of loss by U-HOP, NUCOR or any third party from damage or claim of damage that arises from any of the activities, or attending or accessing any of the activities, authorized or undertaken as provided in this Agreement, including but not limited to the placement of inflatables on CITY property, and for any loss to CITY that results from U-HOP failing to perform its obligations under this Agreement or engaging in any activity not authorized by this Agreement.

12. COPYRIGHTED MUSIC. NUCOR agrees that it either has or will secure any necessary licenses required for the playing or performance of copyrighted music at the activities being conducted by NUCOR 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 contemplated NUCOR activities being held on property owned by CITY.


4

13. NO SIGNS ALONG STATE HIGHWAY. Pursuant to Nebraska Administrative Code Title 410, Chapter 3, NUCOR shall not place signs advertising NUCOR’s event on property adjacent to any state highway.

14. NO PAINT ON CONCRETE. NUCOR shall not paint or permanently mark any concrete in Skyview Park for NUCOR’s event. In the event that NUCOR does paint or permanently mark the concrete, then City shall have the paint or marking removed and the cost thereof shall be paid by NUCOR.

15. DIRECTED HEALTH MEASURES. NUCOR agrees to comply with any and all

Directed Health Measures issued by the Governor of the State of Nebraska and to comply with the most current and updated Directed Health Measures of all local, state, and federal health agencies as they relate to activities authorized in this Agreement.

16. MANAGEMENT. The parties acknowledge and agree that NUCOR shall be solely responsible for the operation and management of the designated area of the park during the term of this Agreement when the designated area of the park is being utilized by NUCOR for NUCOR’s event(s) and related activities. NUCOR shall be responsible for operating and managing the designated area of the park in accordance with all applicable rules and regulations of any governmental entity with jurisdiction over the park including, but not limited to, the most current and updated directed health measures of all local, state, and federal health agencies, and all resolutions and ordinances of CITY (collectively the “Rules”). NUCOR represents and covenants to CITY that NUCOR is familiar with the Rules and that NUCOR shall operate and manage the designated area of the park in accordance with the Rules. NUCOR shall ensure that all individuals utilizing the park for NUCOR’s event shall conduct themselves in accordance with the Rules.

17. MAINTENANCE. NUCOR shall be responsible for maintaining the designated area of the park in accordance with the Rules so that the designated area of the park may be utilized for permitted activities hereunder. Such obligation shall include, but not be limited to, all sanitation guidelines and maintenance obligations that are set forth in the Rules. NUCOR shall ensure that any guests, invitees, or visitors are those permitted to be in attendance at the park in accordance with the Rules.

18. NO USAGE FEE. NUCOR shall pay no fee to CITY for the use of Skyview Park for its event. 19. CANCELLATION. Notwithstanding any other provision of this Agreement, CITY retains the right at any time to cancel any activities scheduled on CITY property due to inclement weather or for any other reason. CITY shall not be responsible for any loss to NUCOR resulting from CITY’s cancellation of NUCOR’s activities.

20. AUTHORITY TO SIGN AGREEMENT. The individuals signing this Agreement represent that they are authorized to sign on behalf of the respective parties hereto.


5

IN WITNESS WHEREOF, the parties hereto have executed the foregoing Agreement in triplicate the day and year first above written. This Agreement may be executed in counterparts. Each such counterpart, executed in triplicate, shall be deemed an original hereof and all such executed counterparts shall together be one and the same instrument.

CITY OF NORFOLK, NEBRASKA, A Municipal Corporation ATTEST: __________________________ By___________________________ Brianna Duerst, City Clerk Josh Moenning, Mayor Approved as to Form: __________________________________ Danielle Myers-Noelle, City Attorney

NUCOR CORPORATION, by and through its Nucor Cold Finish Nebraska Division, A Delaware Corporation,

By ___________________________________ Title: ________________________________ Printed Name: _________________________

HANSEN ENTERTAINMENT, L.L.C.,

A Nebraska Limited Liability Company

By_______________________________________ Title: ________________________________ Printed Name: _________________________


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EXHIBIT "A”



City of Norfolk, 309 North 5th Street, Norfolk, NE 68701

EASEMENT

THIS AGREEMENT, made and entered into the @__ day of A p r ~ \ , 20~L by

and between SM D, Inc. , a Nebraska Corporation hereinafter referred to as "OWNERS", and the

City of Norfolk, Nebraska, a Municipal Corporation, hereinafter referred to as "CITY",

Witnesseth:

WHEREAS, the OWNERS currently own and have title to the real estate hereinafter

described as:

Lots 1 and 2, SMD Addition to the City of Norfolk, Madison County, Nebraska; and

WHEREAS , the CITY desires easements allowing for the construction and maintenance of a

sanitary sewer line, and

NOW THEREFORE, it is agreed as follows:

1. The OWNERS hereby grant, assign, and set over to the CITY permanent easements for

the construction and maintenance of a sanitary sewer line over, on and under the

following described property as shown and described on the attached Exhibits 1-P and 2-

P. See attached Exhibits 1-P and 2-P.

The OWNERS, shall fully use and enjoy the aforesaid premises, except as to the rights

herein granted. The OWNERS, themselves, their successors and assigns, covenant and

agree that no buildings, structures or permanent improvements of any kind whatsoever

shall be erected or placed in, on, over or across the easement area described in this


agreement. For purposes of this paragraph, "permanent improvements" shall not include

hard surfacing.

2. The CITY shall restore any surfaces damaged due to utility maintenance or repair to

conditions similar to the condition existing prior to the utility repairs.

3. The OWNERS agree that for and in consideration of the sum of Three Hundred Seventy

Five Dollars and 00 Cents, ($375.00), and other valuable consideration, cash in hand, the

receipt of which is hereby acknowledged, the OWNERS have this day bargained and sold

by these presents does bargain, sell, convey, transfer, and deliver unto the CITY the

aforesaid easements.

4. Said easements shall run with the land and shall be binding on the parties hereto, their

successors in interest in the real estate, heirs, successors, personal representatives and

assigns .

IN WITNESS WHEREOF, the parties hereto have executed the foregoing Easements by signing separate signature pages hereof.

SM D, Inc., A Nebraska Corporation

BY: ~ Printed Name: --'ir"'J. C./1 "' ,; .., Title: Pr tl>,.J~" :./--

STATE OF NEBRASKA ) )ss

COUNTY OF MADISON)

The foregoing instrument was acknowledged before me this ](:i~- day of A-1or; \ , 20_2.L, by T n.:ii -Sl.l.l\,IJO-"- , f re.:::i r1Q\QI'\-\- of SM D, Inc. a

Nebraska Corporation, known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the same to be his/her voluntary act and deed on behalf of the corporation.

J11~ GENERAL NOTARY •State of Nebraska 111'11 KEW J. SVITAK

My'!:omm.&p. May 16, 2023 Notary°Fublic - Signature

Notary Public - P1inted Name

My commission expires the / 1g--J::!::. day of fY}~r


ACCEPTANCE

Accepted this ___ day of _____ _. 20 __ , by the City of Norfolk, Nebraska, a Municipal Corporation.

ATTEST:

Brianna Duerst, City Clerk

(SEAL)

Approved as to form:

STA TE OF NEBRASKA ) )ss

COUNTY OF MADISON )

Josh Moenning, Mayor

Danielle L. Myers-Noelle, City Attorney

On this ___ day of ________ _, 20 __ , before me, the undersigned, a Notary Public, in and for said County and State, personally came Josh Moenning, Mayor and Brianna Duerst, 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 __


-- --- --LOT 1 SMD ADDITION

25' PERMANENT EASEMENT

LOT 2 SMD ADDITION


LOT 1 SMD ADDITION

~i _i-•i----,--__ ~i o· 50• 1 oo· 200·

SCALE IN FEET

- - ----- ,t,_\J[Nllt. I 'II p_s\-\1 \'I GWl'I

fw w Cl:'. f(/)

I f-s;:1-

EAST LINE LOT 1 SMD ADDITION


N

'

LEGEND:

t z z z z z z z 21

PROPERTY LINE

PERMANENT EASEMENT AREA

PERMANENT EASEMENT DESCRIPTION:

A PERMANENT EASEMENT LOCATED IN LOT 1, SMD ADDITION TO THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA, AND DESCRIBED AS FOLLOWS:

THE EASTERLY 25.0 FEET OF LOT 1. SAID PERMANENT EASEMENT CONTAINS 7, 171.0± SQUARE FEET OR 0.16 ACRES MORE OR LESS.

PROJECT: 2020-3076 DRAWN BY: JCB DATE: 2.18.2021

PERMANENT EASEMENT - TRACT 1 olsson 201 East 2nd Street

Grand Island, NE 68801 TEL 308.384.8750

EXHIBIT

1-P


LOT 1 SMD ADDITION

LOT 2 SMD ADDITION

LOT 1 SMD ADDITION

~' _l-•l---,---__ __.I o· 25• 50• 1 oo· SCALE IN FEET

1-w w 0::: 1-(/)

I 1-s;j-


I

I LEGEND:

N

'

r Z Z Z Z Z Z Z ZI

PROPERTY LINE

PERMANENT EASEMENT AREA


A PERMANENT EASEMENT LOCATED IN LOT 2, SMD ADDITION TO THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA, AND DESCRIBED AS FOLLOWS:

THE EASTERLY 25.0 FEET OF LOT 2. SAID PERMANENT EASEMENT CONTAINS 4,050.0± SQUARE FEET OR 0.09 ACRES MORE OR LESS.

PROJECT: 2020-3076 DRAWN BY: JCB DATE: 2.18.2021

PERMANENT EASEMENT - TRACT 2 olsson 201 East 2nd Street


EXHIBIT

2-P


City of Norfolk, 309 North 5th Street, Norfolk, NE 68701

EASEMENT

THIS AGREEMENT, made and entered into the ('I-"' day of---'-~-=.::=1----'• 20:1.1, by

and between Espino Properties, LLC, a Nebraska Limited Liability Company, hereinafter referred

to as "OWNERS", and the City of Norfolk, Nebraska, a Municipal Corporation, hereinafter

referred to as "CITY", Witnesseth:

WHEREAS, the OWNERS currently own and have title to the real estate hereinafter

described as: . . Lots One (1 ), Two (2) and Three (3}, Block Seventeen (17), Riverside Park Addition to Norfolk, Madison County, Nebraska; e11:cept a strip on the South of said Lots described as follows: Beginning at a point In the South llne of said Lot 3 said south Hne coinciding with the North line of the land awned by the Chicago & North Western Railway Company in April, 1914, 143 feet West of the East line of the Northwest Quarter (NW1/4) of the Northeast Quarter (NE1/4) of Section Thirty-four (34), Township Twenty-four (24), North, Range One (1 ), West of the Sixth Principal Meridian measuring along the South line of said Lots One (1 ), Two (2), and Three (3) and the South line of said Loi One (1 ), produced East running thence North 78 degrees 52 minutes East to a point In the East line of said Northwest Quarter (NW1/4) of Northeast Quarter (NE1/4}which is 21 feet North of the South llne of Lot One (1) in Block Seventeen (17) of said Riverside Park Addition produced East to the East line of said Northwest Quarter (NW1/4) of Northeast Quarter (NE1/4) of Section Thirtyfour (34), Township Twenty-four (24) North, Range One (1 ), West of the Sixth Principal Meridian, Madison Counly, Nebraska.

and,

WHEREAS, the CITY desires an easement allowing for the construction of a sanitary sewer

line, and


1. The OWNERS do hereby grant, assign, and set over to the CITY a temporary easement

for the construction of a sanitary sewer line over, on and under the following described

property as shown and described on the attached Exhibit 1-T .

. See attached Exhibit 1-T.


The OWNERS shall fully use and enjoy the aforesaid premises, except as to the rights

herein granted and except as to the right to erect permanent buildings or structures or

install parking or hard surfacing on the property described in this paragraph.

2. The CITY shall restore any surfaces damaged due to utility construction to conditions

similar to the condition existing prior to the utility construction.

3. The CITY will relinquish all rights to the temporary easement upon thirty (30) days after the

completion of the construction of the said project and its acceptance by the City, with total

duration of actual use of this temporary construction easement not to exceed (1) year(s) or 365

calendar days from the date construction begins.

4. The OWNERS agree 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 OWNERS have this day bargained and sold by these presents does

bargain, sell, convey, transfer, and deliver unto the CITY the aforesaid easement.

5. Said easement shall run with the land and shall be binding on the parties hereto, their

successors in interest in the real estate, heirs, successors, personal representatives and

assigns.

IN WITNESS WHEREOF, the parties hereto have executed the foregoing Easement by signing separate signature pages hereof.

Espino Properties, LLC, A Limited Liability Company


ST ATE OF NEBRASKA ) )ss

COUNTY OF MADISON)

The foregoing instrumen~wledge before e this / ~-"'. day of H<l,'1 , 20-2.l_, b I e::--,l,,Dl:..__..:::........i=~~=-..> fl\~¥'A4 •'t\.-~ rr\.eMb-u'" of

Espino Properties, LLC, a Nebraska Limite Liability Company, known to be the identical person whose name is affixed to the foregoing instrument and acknowledged the same to be his/her voluntary act and deed on behalf of the company.

; ary Public - Printed Name

My commission expires the 2..5~ day of ~ ~)u-\-+'l---' 20_2=l_.


CONSENT OF LIEN HOLDER

We, Elkhorn Valley Bank, an entity, being a lien holder on the tract of land described above

do hereby agree and consent to the grant of easements as reflected herein.

ST A TE OF NEBRASKA ) )ss

COUNTY OF MoJ,, Son )

Elkhorn Valley Bank, An Entity

By:

Its -~8_r_V_ ,c._e.,_f._<_e_&_u_&_e.n_, __

~ The foregoing instrument was acknowledged before me this 12 day of

mo¾Y ,20k, by Tox:o... flv..eAl VJC ·<+b ' Sy l/1 ce Pra.s.ident of Elkhorn Valley Bank, known to be the identical person_ whose name is affixed to the foregoing instrument and acknowledged the same to be his/her voluntary act and deed on behalf the entity.

My commission expires the ~5~

No ary Public - Printed Name

day of 0Lil--f ~ , 20-2.L.

ROG/NA A. LINDSAY General Notary - State of Nebraska My Commission Expires Jul 25, 2021


ACCEPTANCE

Accepted this ___ day of _____ ~ 20 __ , by the City of Norfolk, Nebraska, a Municipal Corporation.

ATTEST:

Brianna Duerst, City Clerk

(SEAL)



COUNTY OF MADISON )

Josh Moenning, Mayor





My commission expires the ___ day of ____ _, 20 __


<D -,.... 0

"' 0 N 0

I u a.

"' ><( ;: Cl'. X

;;,!

J NORTHWESTERN AVENUE

EXISTING 25.0' PERMANENT EASEMENT

11

I I I I

11

11

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-r7 1 O' TEMPOR RY I EASEMEN I

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fw w 0::: f(/)

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o· 25' 50' SCALE IN FEET

~·

LEGEND: PROPERTY LINE

100'

N

'

r z z z z z z z 21

EXIST. EASEMENT LINE TEMPORARY EASEMENT AREA

TEMPORARY EASEMENT DESCRIPTION:

A TEMPORARY EASEMENT LOCATED IN LOT 3, BLOCK 17, RIVER SIDE PARK ADDITION TO THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA, AND DESCRIBED AS FOLLOWS:

THE EASTERLY 10.0 FEET OF THE WESTERLY 35.0 FEET OF LOT 3. SAID TEMPORARY EASEMENT CONTAINS 1,848.6± SQUARE FEET OR 0.04 ACRES MORE OR LESS.

PROJECT: 2020-3076 DRAWN BY: JCB

.TEMPORARY EASEMENT· olsson 201 East 2nd Street


EXHIBIT

1-T DATE: 2.18.2021


City of Norfolk, 309 North 5th Street, Norfolk. NE 68701

EASEMENT

'1#1 TIIlS AGREEMENT, made and entered into the _J{i!:._ day of ~ , 20 c/, by c:7 and between Milk Specialties Company (dba Milk Specialties Global), a Delaware Corporation hereinafter referred to as "OWNERS", and the City of Norfolk, Nebraska, a Municipal Corporation, hereinafter referred to as "CITY'', Witnesseth:

WHEREAS, the OWNERS currently own and have title to the real estate hereinafter described as:

Lot 1, Mki America Subdivision in the County of Madison, Nebraska, LESS the Highway right of way recorded in M9&-1 0, ~e 1406 to 1408 described as follows: Beginning at the pofnt where the East line of Chicago and North Western Transportatk>n Company inters«ts the South l!ne of eXfsting H~hway 275; thence Westerly a distance of 947.31 feet along the Southerly existing Higlmay 275 right of~ line; thence SOUlherly deflecting 105°49'46. left, a distance of 21.71 feet along the West line of said Lot 1; thenc8 Easte~y deflecting 74•10'1r le~ ad~ of 190.4 feet: thence Easterly deflecting 001"18'01 left a distarn:e of 440-11 feet thence Easterly deflecting 15°20'18" right a distance of 41.23 feet; thence &sterly deflecting 14°02'1 O" left a distance of 40.00 feet; lhence Easterly deflecting 01 "14'21' right a distance of 230.88 feet to a point on the Easterly Chicago and North Western T~nsportation Company right of way Une; !hence Northerly. defleeting 00°52•12~ left a dlSlanoe of 25.88 feet along said right Of way to the Point of beginning. and

WHEREAS, the CITY desires easements allowing for the construction and maintenance of a sanitary sewer line, and


1. The OWNERS hereby grant, assign, and set over to the CITY a permanent easement for the construction and maintenance of a sanitary sewer line over, on and under the following described property as shown and described on the attached Exhibit 1-P.

See attached Exhibit 1-P.


The OWNERS. shall fully use and enjoy the aforesaid premises, except as to the rights herein granted. The OWNERS, themselves, their successors and assigns, covenant and agree that no buildings, structures or permanent improvements of any kind whatsoever shall be erected or placed in, on, over or across the easement area described in this agreement. For purposes of this paragraph, "permanent improvements" shall not include hard sUifacing.

2. The OWNERS do hereby grant, assign, and set over to the CITY temporary easements for the construction of a sanitary sewer line over, on and under the following described property as shown and described on the attached Exhibits 1-T and 2-T.

See attached Exhibits 1-T and 2-T.

The OWNERS shall fully use and enjoy the aforesaid premises, except as to the rights herein granted and except as to the right to erect permanent buildings or structures or install parking or hard surfacing on the property described in this paragraph for the term of this temporary easement.

3. The CITY shall restore any surfaces damaged due to utility maintenance or repair to conditions similar to the condition existing prior to the utility repairs.

4. The CITY will relinquish all rights to the temporary easements upon thirty (30) days after the completion of the construction of the said project and its acceptance by the City, with total duration of actual use of these temporary construction easements not to exceed (1) year(s) or 365 calendar days from the date construction begins. At the time of relinquishment of the temporary easement, OWNERS are no longer precluded from the right to erect permanent buildings or structures or install parking or hard surfacing on the property as set forth in paragraph 2 above.

5. The OWNERS agree 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 OWNERS have this day bargained and sold by these presents does bargain, sell, convey, transfer, and deliver unto the CITY the aforesaid easements.


6. Said easements shall run with the land and shall be binding on the parties hereto, their successors in interest in the real estate, heirs, successors, personal representatives and assigns.

IN WITNESS WHEREOF, the parties hereto have executed the foregoing Easements by signing separate signature pages hereof.


COUNTY OF MADISON)

Milk Specialties Company (dba Mille Specialties Global), a Delaware Corporation

BY:~~ , Prhrted Ne: ~y /f-.ou·m~ Title: Cpo

knowledged before fie this I (o~ day of r~IJUL:.~------' 20.l,L, by . tr-t\M\1"-.~ of Milk Specialties ompany. (dba Milk Specialties Global), a Del are Corporation, kn'1.vnto be the identical person whose name is affixed to the foregoing instrument and acknowledged the same to be his/her voluntary act and deed on behalf of the~ ~

STEPHANIE ~NN SMITH Notary Public - S1"gnature Notary Public Minnesota ~ t\. s ~ My Commission Expires t(. n. V\'\~ Jan31,2023 ~ 1,..~:;;. .... ...-i.,;...,.....,..-,........, Notary Public - Printed Name

My commission expires the .3\5t day of~ , 2012..


ACCEPTANCE

Accepted this ___ day of ____ _, 20 __ , by the City of Norfolk, Nebraska, a Municipal Corporation.

ATTEST:

Brianna Duerst, City Clerk Josh Moenning, Mayor

{SEAL)


STATEOFNEBRASKA ) )ss

COUNfY OF MADISON )





My commission expires the ___ day of _____ , 20 __


O' 100· 200' SCALE IN FEET

NORTHWEST CORNER NE1/4. NW 1/4 SECllON 34- T24N-Rl W WEST OMAHA AVENUE / US HWY 275

N8r53'21~20.75,...!.'(M::_:,)!:....----- t.-- --,N..-..8T5~3=,2-=1•=E---,\r-------:S:::18=•s=s•=06•E 84.43'(MJ 389.lS'(M) ----- POB

LOT 2 MID-AMERICA SUB

LEGEND: PROPERTY LINE


r z z z z z z z 21 EASEMENT CENTERLINE PERMANENT EASEMENT AREA


NORTHEAST CORNER NEl/4, NW 1/4

(NORTH 1/4 CORNER) SECTION 34-T24N-R1W


EXISTING 10'

I 11 I 11 I I I I I/

11

ti

UTILITY /DRAINAGE ----J EASEMENT /

EASTERLY LINE, LOT 1 MID-AMERICA SUB

;I //

I

A PERMANENT EASEMENT LOCATED IN LOT 1, MID-AMERICA SUBDIVISION, TO THE CITY OF NORFOLK, MADISON COUNlY, NEBRASKA, AND CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:

400'

A PERMANENT EASEMENT BEING 12.5 FT ON EACH SIDE OF SAID DESCRIBED CENTERLINE; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER, NORTHWEST QUARTER (NEl/4, NWl/4) OF SECTION 34-T24N-R1W; THENCE ON AN ASSUMED BEARING OF N87°53'21"E, ALONG THE NORTH LINE OF THE NEl/4, NWl/4, A DISTANCE OF 389.15 FEET; THENCE Sl8°SS'06"E A DISTANCE OF 84.43 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST OMAHA AVENUE/ US HIGHWAY 275, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING Sl8°55 1611E A DISTANCE OF 461.76 FEET; THENCE S21"32'08"E A DISTANCE OF 461.20 FEET; THENCE N87°2O'O2"E A DISTANCE OF i96.74 Fi;:tTTO A POINT ON Tl-lt EASTERLY LINE OF LOT 1, MID-AMERICA SUBDIVISION. SAID POINT Al.SO BtlNG THE POINT OF TERMINATION. SAID PERMANENT 0 ~ EASEMENT CONTAINS A CALCULATED AREA OF 33002.87± SQUARE FEET OR 0.758 ACRES MORE OR LESS. 3:..:

PROJECT: 2020-3076 DRAWN BY: JMJ DATE: 03.03.2021

PERMANENT EASEMENT olsson 201 East 2nd Street

Grand laland, NE 68801 TEL 308.384.8750

EXHIBIT

1-P


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~ ., C:<Q .,,..._ Eo .,,,, UIO ON WO !! (} ~8i 1i >-

o· 100· 200' SCALE IN FEET

NORTHWEST CORNER NE1/4, NW 1/4 SECTION 34- T24N-R1 W WEST OMAHA AVENUE / US HWY 275

I N87'53'21"E 1320.7S~'IM~)!...._.. ____ _ c:----.N:.ns"'rs1 3'21"E- -...-,---:::s1-=s=·s=s•05==•E:--:84.43'(MJ

370.86'(M) ~ POB


LEGEND:


10' TEMPORARY EASEMENT

- NORTHEAST CORNE-; "771 NE1/4, NW 1/4 j ~\

(NORTH 1 /4 CORNER) I j SECTION 34-T24N-R1 W \


EXISTING 1 O'

11

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ii

UTILITY /DRAINAGE --J EASEMENT /


POT

;I //

I

~~ -- - - -- PROPERTY LINE &-a: -;;xi t' 7 I 7 I 2 2 2 71 TEMPORARY EASEMENT AREA 6 > I ••

0111 .... u. /L,J wa: ,-..x f;l I

0

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TEMPORARY EASEMENT DESCRIPTION: A TEMPORARY EASEMENT LOCATED IN LOT 1, MID-AMERICA SUBDIVISION, TO THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA, AND CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:

!!Jr'i A TEMPORARY EASEMENT BEING 5 FT ON EACH SIDE OF SAID DESCRIBED CENTERLINE; COMMENCING AT THE NORTHWEST 15;;. CORNER OF THE NORTHEAST QUARTER, NORTHWEST QUARTER {NEl/4, NWl/4) OF SECTION 34-T24N-R1W; THENCE ON AN ~~ ASSUMED BEARING OF N87°53'21"E, ALONG THE NORTH LINE OF THE NEl/4, NWl/4, A DISTANCE OF 370.86 FEET; THENCE

400'

N

'

~<Xi S18°55'06"E A DISTANCE OF 84.43 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST OMAHA AVENUE/ US HIGHWAY 00 ~ l'; 275, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING S18"55'06"E A DISTANCE OF 467.45 FEET; THENCE ,;.::E S21°32'08"E A DISTANCE OF 474.12 FEET; THENCE N87°20'02"E A DISTANCE OF 392.94 FEET TO A POINT ON THE EASTERLY LINE OF •· Li.i LOT 1, MID-AMERICA SUBDIVISION, SAID POINT ALSO BEING THE POINT OF TERMINATION. SAID TEMPORARY EASEMENT ~~ CONTAINS A CALCULATED AREA OF 13349.88± SQUARE !=EET OR 0.306 ACRES MORI: OR Ll:SS. PROJECT: 2020-3076 DRAWN BY: JMJ DATE: 03.03.2021

TEMPORARY EASEMENT olsson 201 East 2nd Street

Grand Island. NE 68801 TEL 308.384.8750

EXHIBIT

1-T


ti! w VI ::,

"' r-e ..,

~~ "(lOJ <OU r- a. Ou,

8d '1~ ai"'i w,> ;;. " 'ct0 .,,.._ Ea .,.., <>0 ON ~ol _o BBi .c

o· NORTHWEST CORNER 100' 200' SCALE IN FEET

[__

NEl/4. NW 1/4 / US HWY 275

:

- SECTION 34=- R1_W_~--W-E-:--ST- 0-MAHA AVENU_E •::::....-----~ __ . N87•S3'21.'.!_E20,75_'.!M) N87"53'21"E \ s1s·ss'06"E 84.43'(Ml 410.06'(M) ~ POB


- -- -


NORTHEAST CORNER NE1 /4, NW 1 /4

(NORTH 1/4 CORNER) SECTION 34-T24N-R1W


EXISTING 10'

I 11 I. 11

I I I I I/

11 I

15' TEMPORARY EASEMENT £ UTILITY/DRAINAGE ----/

EASEMENT /

LEGEND:

. \


;I //

POT 400.06'(M)

N87"20'02"E ,P \ - ~ \ - - - ~ ",I," \ / { <;«-~.,¢"

~ \ ,,.--..:1/" 0~ oR,,: / G o,~cr\ -r- ~c,~ u

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:~ -- - - -- PROPERTY LINE !:1 r 7 7 7 7 Z 7 7 71 TEMPORARY EASEMENT AREA 6<ii ........ / W

"'"' ,-...x ~ I

0

~~ ga

TEMPORARY EASEMENT DESCRIPTION: A TEMPORARY EASEMENT LOCATED IN LOT 1, MID-AMERICA SUBDIVISION, TO THE CITY OF NORFOLK, MADISON COUNTY, NEBRASKA, AND CENTERLINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:

400'

N

'

:ll.;; A TEMPORARY EASEMENT BEING 7.5 FT ON EACH SIDE OF SAID DESCRIBED CENTERLINE; COMMENCING AT THE NORTHWEST Ei c,i CORNER OF THE NORTHEAST QUARTER, NORTHWEST QUARTER (NEl/4, NWl/4} OF SECTION 34-T24N-R1W; THENCE ON AN g~ ASSUMED BEARING OF N87°53'2111E, ALONG THE NORTH LINE OF THE NE1/4, NW1/4. A DISTANCE OF 410.06 FEET; THENCE g ~ Sl8°SS'06"E A DISTANCE OF M.43 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST OMAHA AVENUE/ us ~ ~ HIGHWAY 275, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING Sl8°SS'06"E A DISTANCE OF 455.26 FEET; c.::::. THENCE S21 "32'08"E A DISTANCE OF 446.43 FEET; THENCE N87"20'02"E A DISTANCE OF 400.06 FEET TO A POINT ON THE .. w EASTERLY LINE OF LOT 11 MID-AMERICA SUBDIVISION, SAID POINT ALSO BEING THE POINT OF TERMINATION. SAID TEMPORARY ~ ~ EASEMENT CONTAINS A CALCULATED AREA OF 19533.22± SQUARE FEET OR 0.448 ACRES MORE OR LESS. PROJECT: 2020-3076 DRAWN BY: JMJ DATE: 03.03.2021

TEMPORARY EASEMENT olsson 201 East 2nd Street


EXHIBIT

2-T


NEBRASKA LIQUOR CONTROL COMMLCiSION PHONE: (402) 471-2571 Website: www.lcc.ncbmskn.gov

Special Designated License Local Recommendation (Form 200)

AnnHcatjons must be entered on lhe portal after local annmval - no excepljons Late aenljcatjon:, are non-refundable and will be rejected

Norfolk Panther Booster Club RetaU Liquor License Name!![ *Non-Profit Organization (*!\lust Include Form #201 as Page 2)

55949 843rd Road Norfolk, NE 68701 Retail Liquor License Address!![ Non-Profit Business Address

20-0200302 Retail License Number .2!: Non-Profit ft'ederal ID#

, -1.0 J' Z,g J-.1 Consecutive Dates only ii.I MT Event Date(s):

Event Start Time(s): 4:00PM

1<:vent End Tlme(s): 12:00 AM

Alternate Date: N/ A ------------------------------A Item ate Location Building & Address: _N_/_A ___________________ _

Event Building Name: _N_o_ri_o_l_k_A_rm_o_ry _________________ _

Event Street Address/City: 817 s. 1st Street Norfolk, NE 68701 . 50 100

Indoor area to be licensed in length & width: __ X __

Outdoor area to be licensed In length & width: __ X __ (Diagram Form #109 must be att11ched)

Type of Event: Funciraiser Estimate# of attendees: 250

Type of alcohol to be served: Beer~ Wine~ Distilled Spirits~ (If not marked, you will not be able to serve this type of alcohol)

Event Contact Name: Travis Baumann Event Contact Phone Number:'402-360-2123

Event Contact Email: baumanncrew gmail.com

*Signature Authorized Representative: - :1. ~ Printed Name Travis baumann I declare that I am the authorized representative of the above named license applicant and that the statements mads on this application are true to the best of my knowledge and belief. I s/so consent to an Investigation of my background Including 811 records of eve,y kind Including police records. I agree to waive any rights or causes of action against the Nebraska Uquor Control Commission, the Nebraska State Patrol or any other Individual releasing said information to the Liquor Control Commission or the Nebraska Stats Patrol. I further declare that ths license applied for will not be used by any other person, group, o,ganization or corporation for profit or not for profit and that the event wt1/ be supervised by persons directly responsible to the holder of this Spec/al Designated Ucense.

*Retall llcen1ee - Must be signed by o member listed on permanent Ucense *Non-Profit Orgonlzotlon - Must be signed by o Corporate Officer

Local Governing Body completes below:

The local governing body for the CityNHlage of Norfolk OR County of _______ approves

the issuance of a Special Designated License as requested above. (Only one should be written 11bove)

Local Governing Body Authorized Signature Date


APPLICATION FOR SPECIAL DESIGNATED LICENSE Non-Profit Applicants ONIJ V

NEBRASKA LIQUOR CONTROi. COMMISSION 301 CENTENNIAL MALL SOUTII PO BOX95046 LINCOLN, NE 6850<J-5046 PIIONE: (402)471-2571 FAX: (402) 471-2814 Website: www.lcc,nehmska,go,•/ Email Applications: michcllc.poncr(g;ncbmska.go,·

This page is required to be completed by Non-Profit applicants only.

Application for Special Designated License Under Nebraska Liquor Control Act

Affidavit of Non-Profit Status

I HEREBY DECLARE THAT Tl IE CORPORATION MAKING APPLICATION FOR A SPECIAL DESIGN A TED 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 M'Y 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 §53-124.11(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 ST A TUS.

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.

0&>{'£lY-. Q:,-~_,- ~~~v- C. \v--~ NAME OF CORPORATION

(" n FEDERAL ID NUMBER

'---\(~ ~--SIGNATURE OF TITLE OF CORPORATE OFFICERS

JrtA\Ji~ 'trlutrot'\n 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

SUBSCRIBED IN MY PRESENCE AND SWORN TO BEFORE ME THIS

J GEHERAl NOTARY • Sfa1e of Nebraska ~1 BRIANNA DUERST

My Ccmm. &p. October 22, 2023

DAV OF ____,;\.._.,\lk].Q........= _____ .• ...::tb2 l

~~ NOTARY PUBLIC SIGNATURE & SEAL

FORM 201 REVNOV:2016


NEBRASKA LIQUOR CONTROL COMMISSION PHONE: (402) 471-2571 Website: www.Icc.ncbrnskn.!\OV

Special Designated License Local Recommendation (Form 200)

Appl ication. mu L be entered on lhe portal after local approval - no exceptions Late app lications arc non-refundable and will be r jectcd

Retail Liquor License Name or *Non-Profit Organization (*Mu t include Form #201 as Page 2)

0 0 G /Jt0rto \c. F b~

Retail License Number!!!: Non-Profit Federal ID#

Consecutive Dates only Event Date(s):

Event Start Time(s):

Event End Time(s):

1/1-f/Z\ 5: 002Y'I\

l\ ~OD?M Alternate Date: _ ____ .--_ __________ _ _ ___ _ ___________ _ -Alternate Location Building & Address: ___________ _ _ ____ _ ______ _

Event Building Name: ..... 5~t-_ ___,_R_,a~u ..... l_._1

5..____.L,C.u.""'-'t ..... b-'-'Uu,_._...,,,,_,t")'-'---""~"-c.h.=--=-----.,oL-'o..__l'--_ _ ____ _

Event Street Address/City: _,{...::O:.....l o=--... 6"-"Go-=-:..C--==j ,-.,.•--0L--J,4L.!.I/=.:~--=---"N'---"-,::....;.r_f_o _l i:...;...._ _ ______ _

Indoor area to be licensed in length & width: ~ X-=-, I

Outdoor area to be licensed in length & width: Z':JD X 'flt) (Diagram Form #109 must be attached) lt ,, . / I 1v ....

TypeofEvent: ffii'.>c1_, P~t~ ~ f,ooe.-\1ts·t()()().~< Estimate#ofattendees: :-::,· ··1c..v \./ l'A~, l,

Type of alcohol to be served: Beer~ Wine y · Distilled Spirits __ _ (If not marked, you w~e able to serve this type of alcohol)

Event Contact Name, Aw~ ~J- Event Cnntaet Phone Numbe,a {l/02) 3"? I - / Z,33

Event Contact Email: rl\ll,C rc,.._.f S

*Signature Authorized Representative· rioted Name ....1.--~c::.._--''--..__-=::!_~r:.....:..CA_f __ I declare that I am the authorized representa/1 of the ab ve named license applicant and that the statements made on this a lica/ion 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.

*Retail licensee - Must be signed by a member listed on permanent license *Non-Profit Organization - Must be signed by a Corporate Officer

Local Gov ming Body completes below:

The local governing body for the CityNillage of _ _ ___ __ OR County of ________ approves the issuance of a Special Designated License as requested above. (Only one should be written above)

Local Governing Body Authorized Signature Date


I,

"' ~ ~ -

OUTDOOR AREA DIAGRAM

How AREA WILL BE PATROLLED iro.\t\t-cl ll~u..oxt.l~' pootu 11-r &\~"'-l.k'IC.-+ , o.lso 1..r4l~i~ 0-MOf\A6t" C..Covd..

• IF APPLICABLE, OUTDOOR AREA ~ST BE CONNECTED TO INDOOR AREA IF INDOOR AREA IS TO LICENSED

• MEASUREMENT OF OUTER WALLS OF AREA TO BE LICENSED MUST INCLUDED LENGTH & WIDTH IN FEET

• DOUBLE FENCING IS REQUIRED FOR ALL NON-PROFIT ORGANIZATIONS UNLESS FORM #140 IS FILED WITH THIS FORM AND IS APPROVED BY THE COMMISSION

• RETAILER LIQUOR LICENSE HOLDERS ARE NOT REQUIRED TO DOUBLE FENCE, ALTHOUGH MEASURES NEED TO BE TAKEN TO SECURE THE AREA

DIAGRAM OF PROPOSED AREA:

.,

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C:

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------ f Form 109

Rev Nov 2016

er--:. r \' "\

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........

-.....


REQUEST FOR EXEMPTION FOR WAIVER OF DOUBLE FENCING RULE

(MUST BE SENT WITH APPLICATION A MINIMUM OF 30 DAYS PRIOR TO THE DATE OF THE EVENT)

wHY DouBLE FENCING 1s NoT AVAILABLE PierMµ,(\lj\-r Silj{e k.·"j ao

£v\-ool rro?er+y TYPE OF FENCING TO BE USED ---'G ........ b~()-..... i ..... (\_'---1,-l ' ..... k (\...,It .... .-___________ _

HEIGHT OF FENCING TO BE USED __.,kJ~~f ...... G-.....U...__ _____ _______ _

/f"'. ll II I. l l HOW AREA WILL BE PATROLLED L (ut:D:t:J J"'-ti..[aS r7of>:t:l:!I: Ct,t- lj\,1"r g,(\t.e,. e,l( i~ , a. ~ vo. t,;~ (" , ~tv\.0'1} :ST e,ro1,,J

EXPECTED NUMBER OF ATTENDEES _ a;...t o..._:/:.....,i'--'---"Ma.=-te,=----_lfi""""~"-rJ=-----------

DIAGRAM OF PROPOSED AREA:

~ / {J :J I ·J · ,,,. I . ,;:, -~-~ - ~, J✓

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1/ FORM 140

·---1(2_;x:9 REV JULY 2015

PAGE 1


APPLICATION FOR SPECIAL DESIGNATED LICENSE Non-Profit Applicants ONLY

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.1c~-.11cbrnsk;i .gov/ Email Applications: [email protected]

This page is required to be completed by Non-Profit applicants onlv.

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 §53-124.11(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 AN Y FALSE STATEMENT IS MADE ON TH IS APPLI CATION, THE APPLICANT SHALL BE DEEMED GUILTY OF PERJURY AND SUBJECT TO PENALTIES PROVIDED BY LAW. (SEC. §53 -1 31.01) NEBRASKA LIQUOR CONTROL ACT

SUBSCRIBED IN MY PRESENCE AND SWORN TO BEFORE ME THIS _ ~~-1,,--1'- ·_dl, _ _ DA Y OF~

GENERAL NOTAHY - State of N~braska /) /) #-. / PAM A ANDERSON \ ~ -t.. l./.. ~~

MyComm. Exp.August 24,2024 ~NATURE & SEAL

FORM 20 1 REV NOV 20 16


CITY OF NORFOLK, NEBRASKA COMMUNITY SEWAGE SYSTEM

CONNECTION WAIVER APPLICATION (City Code Section 26-57(a))

Section 26-57 (a) -- If the owner of said property, after review by the health director and the public works director, meets certain criteria (see list below), then the owner may seek a waiver of the required connection to the community sewage system by filing an application therefor with the city clerk. The city clerk shall place the request on the next regular city council meeting agenda. Said waiver shall only be granted after a hearing and an affirmative vote of three-fourths (3\4) of all members of the city council. The city council in granting such a waiver shall have the power to place any reasonable restrictions or conditions on said waiver that the city council deems necessary to give effect to the intent of this section.

Date: t ~ 1/ -o< / Name of Applicant(s): iJ~ d lnt::!!4 Business Name (if different from Applicant(s) 7e)

Address: d/60 !1/ c-25 Email Address: ,h..1/4~ g/o,a1ss,.nck,i.wu>hone Number: {(o.oo<.- 6$1~ 6$1 '2..,

Address of property seeking waiver: ___,~ ... · ~Lc....O~o'---..._X.,./_.,..Qc.._:S:,J._/( ___________ _

Criteria for requesting waiver:

___ -- community sewer system is over 300 feet of property

___ -- property is under 300 feet but structure is over 450 feet to community sewer system

6 -- topography or other natural barriers make required connection impractical

Please return form to:

City Clerk City of Norfolk 309 N 5th Street Norfolk, NE 6870 I

~ (402) 844-2000

Notice

The Mayor and City Council of the City of Norfolk, Nebraska, will hold a public hearing on

Tuesday, July 6, 2021 at 5:30 p.m. in the Council Chambers, 309 N 5th Street, Norfolk, Nebraska

at the request of Wade Blackman for a waiver of required connection to the community sewage

system for property located at 2100 N 25th Street.

Brianna Duerst

City Clerk

Publish (June 29, 2021)

1 P.O.P.


3/24/2021 Sec. 26-57. Connection to city system required; certain private systems expected; conversion; enforcement.

https://norfolkne.gov/citycode/sections/Chapter 26/Chapter 26 Section 57.htm 1/2

Sec. 26-57. Connection to city system required; certain private systems expected;conversion; enforcement.

(a) Sewage from any habitable building, structure or property shall be discharged directly into the

community sewage system when the system is available and within three hundred (300) feet of any property asdefined herein, measured along a street, alley or easement to the encasement of the sewer system. Provided,however, if any existing habitable building or structure that requires or needs a sewer service is located on aproperty within three hundred (300) feet of the community sewage system, the owner of said property may requesta waiver of the required connection from the city council, after review by the health official and public worksdirector, if:

(1) The distance from any portion of the habitable building or structure to the community sewer system

exceeds four hundred fifty (450) feet measured along the most direct route available by street, alleyor easement to the encasement of the sewer system; or

(2) The topography or other natural barriers make the required connection impractical. If the owner of said property, after review by the health official and the public works director, meets either of

the criteria set forth above, then the owner may seek a waiver of the required connection to the communitysewage system by filing an application therefor with the city clerk. The city clerk shall place the request on thenext regular city council meeting agenda. Said waiver shall only be granted after a hearing and an affirmative voteof three-fourths (3/4) of all members of the city council. The city council in granting such a waiver shall have thepower to place any reasonable restrictions or conditions on said waiver that the city council deems necessary togive effect to the intent of this section.

(b) When the conditions above do not exist, then a system meeting the requirements of NDEQ Title 124

shall be used. Chemical toilets may be used on a temporary basis when water carriage systems are not available(such as construction projects, emergencies or similar situations). When permitted, chemical toilets shall complywith provisions issued by the health official.

Whenever conditions change and the conditions above can be met, an individual sewage disposal system

existing at the time shall be abandoned and the building or premises served shall discharge its sewage directlyinto the community sewage system. Such connections shall be completed within six (6) months after notice fromthe health official to do so. Such notice may be served by delivering the same personally to the owner, or bycertified mail, return receipt requested, addressed to such owner at his or her office or place of residence, or bypublication in a paper published and of general circulation in the city.

(c) Notwithstanding the provisions of subsections (a) and (b), any premises connected to an individual

sewage disposal system need not connect to the community sewage system so long as it meets the requirementsof NDEQ Title 124 and may continue to use the individual sewage disposal system as long as such system isadequate for the premises served and does not constitute a health hazard. Enforcement of subsections (a) and(b) shall be the responsibility of the health official.

(d) It shall be the responsibility of the owner of any premises to maintain the individual sewer line from the

owner’s premises to the city sewer. In the event the owner’s sewer is located on a terrace adjacent to the propertyowned by someone other than the owner of the premises served by the sewer, or in the event where the privatesewer line running to the city sewer is located on the property of another, the owner of the premises served by theprivate sewer line shall be responsible for the maintenance of the private sewer line. The owner of the premisesbeing served by the private sewer line shall also be responsible for the replacement and repair of any paving,concrete, fencing, sod or other landscaping that are located on the property of another or on the terrace adjoiningthe property of another, when the same is damaged or destroyed in the performance of maintenance on theprivate sewer line.

(e) In the event a demolition permit is issued for any premises, the sewer service line shall be

disconnected and capped at the property line before demolition of the structure shall occur. The water and sewerdirector shall file an affidavit with the county register of deeds reflecting the status of the sewer line at the time ofdemolition. The owner shall retain responsibility for the ownership and maintenance of sewer service line and anyother service lines until they are properly disconnected at the sewer main. In the event extenuatingcircumstances, such as weather, do not allow the disconnection and capping of the sewer service line at theproperty line as outlined above, the water and sewer director may allow disconnection to occur at a later date.


3/24/2021 Sec. 26-57. Connection to city system required; certain private systems expected; conversion; enforcement.

https://norfolkne.gov/citycode/sections/Chapter 26/Chapter 26 Section 57.htm 2/2

The disconnection, however shall occur no later than six (6) months following the demolition of said structureunless written approval is obtained from the public works director to disconnect at a time beyond six (6) monthsfollowing demolition.

(f) Any existing or newly-constructed, privately-owned sewer service lines, whether located on city right of

way or private property, which are connected to city sewer, shall be maintained by the owners of the sewer serviceline or the owners of the properties served by the sewer service line.

Source: Ord. No. 3014, § 2, 10-5-81; Ord. No. 3512, § 1, 10-19-87; Ord. No. 4137, § 2, 1-8-96; Ord. No.

5519, § 2, 2-5-18; Ord. No. 5563, § 49, 8-20-18;


Change Order No. 2F

Date of Issuance: Effective Date: July 6, 2021

Owner: City of Norfolk, NE Owner's Contract No.:

Contractor: Beckenhauer Construction, Inc. Contractor's Project No.:

CHAF 130013 and

Engineer: Olsson Engineer's Project No.: Parks #87 & CDBG Grant #17-DTR-104

Project: River Point Square & 3rd Street Alley Contract Name: River Point Square 8i 3rd Street Alley

The Contract is modified as foliows upon execution of this Change Order:

Description: Change in light pole base size for Bid Section C.

Attachments: See spreadsheet

CHANGE IN CONTRACT PRICE

Original Contract Price:

S 595,999.00

CHANGE IN CONTRACT TIMES

[note changes in Milestones if applicable]

Original Contract Times:

Substantial Completion: September 1, 2021

Ready for Final Payment: October 1, 2021

days or dates

[Increase] [Decrease] from previously approved Change

Orders No. 1 to No. 1 :

$ (5,924.00)

llncreasel (Decrease] from oreviouslv aooroved Change Orders No. 1

to No. 1



days

Contract Price prior to this Change Order:

S 590,075.00

Contract Times prior to this Change Order:



days or dates

[increase] [Decrease] of this Change Order:

$ 1,160.00

[Increase] [Decrease] of this Change Order:

Substantial Completion: N/A

Ready for Final Payment: N/A

days or dates

Contract Price incorporating this Change Order:

$ 591,235.00

Contract Times with all approved Change Orders:



days or dates

RECQMIVIEN

Engineer (ifrequired)

^ 'U/i 1 ^

Date:

ACCEPTED:

By:

_ ACCEPTED:■' /f ^ /

i-V -

Owner (Authorized Signature)li-6^

C

Approved by Funding Agency (ifapplicable)By:Title:

ontractor (Authorized Signature)

Title: Genreai Manager

.Date: 06/18/2021

Date:

EJCDC® C-941, Change Order.Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Page 1 of 1


Change Order Estimate

JEO Project Name; square & 3rd Street AlleyCHAF130013 and

Project Number: #17-DTR-104

Owner: City of Norfolk, NE Change Order Number: 2F

Contractor: Beckenhauer Construction, Inc. Effective Date: July 6,2021

Item Change Order Information

Bid Item No. DescriptionItem

QuantityUnits Unit Price

Total Value

of Item ($)

Schedule C - Riverpoint Square Electrical

C02-18 (CR#3) Light Pole Base Size 1 LS $1,160.00 $1,160.00

Total $1,160.00


City Council Agenda Packet July 06, 2021

Documents

Transcript of City Council Agenda Packet July 06, 2021