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2021-04-13 City Council Meeting Community Development Block Grant with AffidavitCity of Blair Regular Council Meeting April 13, 2021 The Mayor and City Council met in regular session in the Blair Public Library on April 13, 2021 at 7:00 PM. The following were Present: Kevin Hall, Chris Jensen, Mindy Rump, Marty Shepard, Jon Stewart, Kevin Willis, Frank Wolff. Absent: Andrew Schank. Also present were: City Administrator Storm, Assistant City Administrator Barrow, Director of Public Works Schoemaker, Assistant Zoning Administrator Beiermann, City Attorney Solomon and Chief Lager. The Mayor publicly stated to all in attendance that a current copy of the Nebraska Open Meetings Act was available for review and indicated the location of such copy posted in the room where the meeting was being held. Notice of the meeting was given in advance thereof by publication in the Enterprise or the Pilot -Tribune as shown by the affidavit of publication filed in the City Clerk's office. Notice of the meeting was simultaneously given to the Mayor and all members of the City Council, and a copy of their acknowledgement of receipt of notice and the agenda is filed in the City Clerk's office. 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 attendance of the public. Agenda Item #1 & 2 — Mayor Hansen called the meeting to order and made introductions at 7:00 p.m. followed by statement of compliance with open meetings act and the Pledge of Allegiance. Agenda Item #3 — The Consent Agenda approved the following: 3a) Approval of Minutes of the March 23, 2021 meeting, 3b) Clerk report of Mayoral Action of March 23, 2021 meeting, 3c) City Department reports for March 2021, 3d) March 2021 claims as recommended by Finance Committee and 3e) Approve David McIntosh, Kyle Croghan and Keegan Whitbeck as new members of the Blair Volunteer Fire Department. Motion by Kevin Hall, second by Kevin Willis to approve the Consent Agenda. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #4 — Mayor Hansen opened a public hearing to consider Nonconforming Uses Limited Extension Permit application submitted by Kevin Barnhill, KB Quality Meats, Inc., 312 N. 16th St., Blair, Nebraska, for expanded animal slaughter, processing, cooking and retail sales on Lots 16, 17 & 18, Block 16, Original Township, City of Blair, Washington County, Nebraska (312. N. 16th Street) for one hundred (100) years. Assistant City Administrator reviewed the applicant's request stating the applicant's business is nonconforming in the A/ML (Agricultural/Light Industrial Manufacturing) zoning district which means any activities he is doing inside the business do not fit the current zoning. The property was grandfathered by the city when he originally took over the business. There are certain permitted uses allowed in that type of district, such as full sale warehouses, crops -only agriculture, auto service stations, printing/publishing etc. Because none of the activities he is doing at this location fit the criteria of the zoning, Staff requested he obtain a Nonconforming Uses Limited Extension Permit because he is planning to expand his business. He is currently slaughtering 10 hogs and 10 cattle slaughtered per week. With the expansion, he is looking to bring those numbers up to 15 hogs and 20 cattle. Staff does not have any issues with a business growing, but due to the nature of the business and the location, it was important to give the Planning Commission, City Council, and surrounding property owners the opportunity to address any issues or concerns they may have. This location is surrounded by residential Council Meeting April 13, 2021 1 structures, is three blocks off main street, a block away from the park and three blocks away from a school. Barrow also noted Staff was not sure of the capture method he was using for any of the slaughter waste that was produced in his operation. The applicant has since provided a letter from the state that confirms Mr. Barnhill has a reservoir that does not drain into any city sewer because the city's plant is not approved to receive and process that type of waste. The city has also requested he install a grease trap since he is constructing a commercial kitchen at the business which has been installed and inspected. He is required to have (16) off street parking stalls but due to the fact his building is land locked by geography, staff has agreed to waive the requirement for additional parking. The Planning Commission recommended approval for (25) years with stipulation if the business is sold the new owner needs to reapply. Mr. Barnhill, 861 S 16th St., stated he was opposed to the Planning Commission's stipulation that stated if the building were sold, the new owner would have to reapply for this permit. This kind of stipulation would put a real damper on his ability to later sell hi business or develop a succession plan because any new owner would be open to the risk the city may or may not approve the continued nonconforming use. He stressed his building was built for one function to process animals. Councilman Jensen suggested the board attach the stipulation to the life of the building, rather the business because if the footprint were to change with the new owner, they will have to come back to the city for approval. He also suggested the Council return the application fee of $230 because he disagreed this was a necessary application. Both Council members Hall and Stewart spoke in support of changing the stipulation to the life of the structure. There were no comments from the floor or in writing. Mayor Hansen closed the public hearing. Motion by Kevin Hall, second by Chris Jensen to approve the Nonconforming Uses Limited Extension Permit submitted by Kevin Barnhill for the life of the structure unless the footprint changes, then the new owner would need to reapply. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #5 — Mayor Hansen opened a public hearing to consider Nonconforming Uses Limited Extension Permit renewal application submitted by Steve Saal, 12060 Jackson St., Omaha, Nebraska, for Saal Enterprises, LLC, to continue the mini self -storage units (a single structure) on the West 90' of Lots 1-3 & 10' of vacated 20th Street, Jensen's Addition, Blair City, Washington County, Nebraska (230 N. 20th Street) for thirty (30) years. Assistant City Administrator Barrow stated the original application for the storage units was approved in May 1994. It was transferred to a different owner in 2008 who then transferred it to Mr. Saal in 2017. In 2019, the property's permit came up for renewal. It was approved for (2) years with the following stipulations: 1) Install gutters on the storage building along both eaves, directing all runoff to the north. Large downspouts will be installed to direct the water underground and directly in the storm water ditch, 2) Hard surface the two driveway approaches and the alley approach, 3) remove the rock surface in the right of way and return that area to grass and 4) Complete these stipulations no later than October 1, 2019. All stipulations have been met by the applicant. As with the previous zoning, this use is neither permitted by right or by a conditional use permit. The Planning Commission recommended approval for (10) years with the stipulation security motion lighting is installed and directed away from residential areas and when the business is sold the new owner would need to reapply. Steve Saal, 12060 Jackson St., Omaha, Nebraska stated two years ago the neighbors all thought the lighting was too bright, so he worked with staff and they determined to only install bulbs on every other light. He also stated he would like to stick to the (30) year approval and would like the same Planning Commission stipulation removed as the previous applicant so it does not hinder his selling the property in the future. City Attorney Solomon stated the Planning Commission had a lot of discussion regarding what type of lighting should be required along with a security system. Ken Stier, 1960 Front St. spoke against Council Meeting April 13, 2021 approving this permit and encouraged the Council to make this building go away because it is the responsibility of everyone on the Council to ensure the safety and security of his neighborhood. Bill Straube, 1946 Front St, complained about the lighting but would like to be able to walk through my house at night and not have lights shining in my home and believes the building is starting to be in disrepair after (30) years. Saal stated he is willing to install better lighting that would not disturb neighbors, as well as security cameras to deter criminals. He would also contact his tenants to make sure they were not storing anything they were not supposed to. Chief Lager stated the Police Department has responded to very few calls in this area and believes more lighting and cameras will deter criminal activity. There were no comments in writing. Mayor Hansen closed the public hearing. Motion by Frank Wolff, second by Marty Shepard to approve the Nonconforming Uses Limited Extension Permit submitted by Steve Saal for (10) years with the stipulation security motion lighting and security cameras be installed and directed away from residential areas and when the business is sold the new owner would need to reapply. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hanse declared the motion carried. Agenda Item #6 — Mayor Hansen opened a public hearing to consider a Conditional Use Permit renewal by Scott Hicks, 12367 Merriam Dr., Blair, Nebraska, for Hick's Drywall, LLC, to continue with a contractor's office and services on the North 64.2' of Lots 1 & 2 & Part of Vacated Lincoln Street, excluding the Right -of -Way Block 83, Third Addition, Blair City, Washington County, Nebraska (205 & 213 S. 10th Street) for ninety-nine (99) years. Assistant City Administrator Barrow stated the property is currently zoned A/CH (Agricultural/Highway Commercial District) and allows for contract construction offices and services as an excepted use requiring a Conditional Use Permit to be granted. The original CUP was granted for (t 0) years with no stipulations. There have been no complaints regarding this permit. The Planning Commission recommended for (25) years. There were no comments from the floor or in writing. Mayor Hansen closed the public hearing. Motion by Kevin Hall, second by Mindy Rump to approve the Conditional Use Permit renewal submitted by Scott Hicks for (25) years. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff- Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #7 — Mayor Hansen opened a public hearing to consider a Conditional Use Permit renewal by Diane Wehrli, 14933 State Highway 91, Blair, Nebraska, to continue the use of a second residence adjacent to principal farm residence for a family member, on Tax Lot 49, Section 9 Southwest, Range 11 East, Township 18 North, Washington County, Nebraska (1493 5 State Highway 91) for fifteen (15) years. Assistant City Administrator Barrow stated the property is currently zoned AGG (General Agricultural). AGG allows for single family residences, including mobile homes, adjacent to the principal farm residence for occupation by relatives or farmhands employed on the premises are excepted use under City zoning regulations. The original permit was issued in 2006 and transferred to this property owner in 2013. The original permit was approved with the stipulation the applicant submits a letter each year confirming a family member still resides in the second residence. The Planning Commission recommended to approve for (15) years with stipulation an annual letter in January is presented stating a family member or a farmhand still resides at the 2nd residence. There were no comments from the floor or in writing. Mayor Hansen closed the public hearing. Motion by Kevin Willis, second by Frank Wolff to approve the Conditional Use Permit renewal submitted by Diane Wehrli for (15) years with stipulation an annual letter in January is presented stating a family member or a farmhand still resides at the second residence. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Council Meeting April 13, 2021 3 Andrew Schank: Absent, Marry Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item # 8 — Mayor Hansen opens a public hearing to consider a Preliminary Plat application submitted by Wyngate Properties, LLC, 4829 W. Cavalry Road, New River, Arizona, for Helen's Holler addition, Lots 1 through 2, preliminary plat of Tax Lot 102 in the West Half of the Northeast Quarter of Section 3, Township 18 North, Range 11 East of the P.M., Washington County, Nebraska. Assistant Zoning Administrator Beiermann presented the proposed preliminary map stating the property is currently zoned AGG (General Agricultural). The total acreage is 53.40 acres and two lots will be platted with Lot 1 being 3.25 acres and Lot 2 being 50.15. Lot 2 has no existing structures and the structures on Lot 1 all meet current setbacks. Each lot will have legal access to a public road. The property will be rezoned to RRE (Rural Residential Estates) at the time of the final plat. Edward Talbot, 1526 Washington St., representing the applicant stated they were planning to keep the house on the 3.25 acres and sell the remaining acres on Lot 1. The Planning Commission recommended approval as presented. There were no comments from the floor or in writing. Mayor Hansen closed the public hearing. Motion by Mindy Rump, second by Frank Wolff to approve the Preliminary Plat application submitted by Wyngate Properties as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #9 — Mayor Hansen opened a public hearing to consider a Preliminary Plat application submitted by Lyman and Donna Wrightson, 12 W. Hayes St., #113, Bozeman, MT, for Bryan Ridge subdivision, preliminary plat of part of Tax Lot 87, located in the South Half of the Southeast Quarter of Section 1, Township 18 North, Range 11 East of the 6th P.M, City of Blair, Washington County, Nebraska. Assistant Zoning Administrator Beiermann presented the proposed preliminary map stating the property is currently zoned RMH (Multi -Family Residential Heavy Density District). The subdivision will include two lots with Lot 1 being 10.01 acres and Lot 2 being 4.95 acres. A private road will serve both lots. Jennifer Walker, 538 N. 19th St., expressed concerns regarding setbacks of existing buildings on the lots. The Planning Commission recommended approval as presented. Motion by Kevin Hall, second by Chris Jensen to approve the Preliminary Plat application submitted by Lyman and Donna Wrightson as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff- Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #10 — Mayor Hansen opened a public hearing to consider a Preliminary Plat application submitted by Rebecca & Jerry Fox, 910 Skyline Drive, Blair, Nebraska, for Lots 1 through 6, Skyline Acres subdivision, a plat of all of Tax Lot 277, lying in part of the West Half of the Northwest Quarter of Section 14, Township 18 North, Range 11 East of the 6th P.M., City of Blair, Washington County, Nebraska. Assistant Zoning Administrator Beiermann presented the proposed preliminary map stating the property is currently zoned RL (Residential Low Density). The subdivision will include six lots and all property will connect to city sewer and water. Each lot will be required to install sidewalks. The Planning Commission recommended approval as presented. Brad Andersen, 947 Skyline Dr, questioned how they would access this property. Beiermann stated all lots would access off Skyline Dr. There were no comments in writing. Mayor Hansen closed the public hearing. Motion by Frank Wolff, second by Mindy Rump to approve the Preliminary Plat application submitted by Rebecca & Jerry Fox as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Council Meeting April 13, 2021 4 Andrew Schank: Absent, Marry Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #11 — Mayor Hansen opened a public hearing on the proposed use of Community Development Block Grant revolving loan funds from the City of Blair to Sai Properties V, Inc., 2500 S. 192nd Ave, Omaha, NE in the amount of $180,500 for equipment and working capital to develop a new 66 room Holiday Inn Express at 1933 Holly St. in Blair, Nebraska. City Administrator Storm stated the Council previously approved a resolution to authorize these funds. However, at that time, the project was designating these funds for land purchase. These funds are now going to be used for equipment and working capital totaling $380,000 to develop a 66 room Holiday Inn Express at 1933 Holly Street. The estimated total project cost is $7.5 million. The project will be financed as follows: City LB 840 forgivable loan $400,000, Tax Increment Financing (TIF) $950,000, and Re-use Fund $190,000. The remainder of the project cost will be financed with a combination of private capital and conventional loans. The Developer owns the property where the project is to occur. As part of the project, the Omaha-Council Bluffs Metropolitan Area Planning Agency (MAPA) is expected to receive $9,500 from the Re-use Fund to service the loan and aid the city in ensuring the project is in compliance with CDBG program regulations. All loan payments made by the business would be made to the MAPA Nonprofit Development Organization (NDO). Under this arrangement, funds can become "de-federalized" and made available in a regional pool unencumbered by federal regulations. There were no comments from the floor or in writing. Mayor Hansen closed the public hearing. Agenda Item #12 — City Administrator Storm stated this resolution will authorize the reuse funds to be used in the manner of what was described during the public hearing. Storm reiterated the grant would be used for equipment and working capital to develop a new 66-room Holiday Inn Express at 1933 Holly St. Equipment such as refrigerators and furniture would be purchased with this grant. Council member Stewart introduced Resolution 2021-10 to authorize the City of Blair City Council to release Community Development Block Grant (CDBG) re-use funds to provide direct financial assistance to SAI Properties V., Inc. Motion by Jon Stewart, second by Kevin Hall to adopt Resolution No. 2021-10 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: t. Mayor Hansen declared the motion carried. Agenda Item #13 — City Administrator Storm stated Russow's Corner Retreat has been sold and the new owners are requesting a liquor license for Mary's Corner Retreat LLC dba Mary's Corner Retreat, 1600 State St., Blair NE for a Class C Liquor License (Beer, Wine, Distilled Spirits, On and Off Sale). The new license is required for a change in ownership. The applicant was not present. Motion by Frank Wolff, second by Chris Jensen to approve the Liquor License for Maly's Corner Retreat LLC dba Mary's Corner Retreat, 1600 State St., Blair NE for a Class C Liquor License and notify the Nebraska Liquor Control Commission with approval. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #14 — John Mann, 538 N. 19th St., appeared before the Mayor and City Council on behalf of Connie Custard to request two parking stalls to be reserved in front 132 S. 17th St. for 10-Minute Customer Pickup. Mr. Mann stated cars are being left over night and numerous business owners and employees are parking in the area making it difficult for the bakeries customers to pick up their orders. This request is to help make things easier for their customers. The Transportation Committee Council Meeting April 13, 2021 recommended the approval of two parking spots to be marked for 10 -minute customer pickup. Council member Stewart introduced Resolution No. 2021-13 approving for two parking stalls to be reserved in front 132 S. 17th St. for 10 -Minute Customer Pickup. Motion by Jon Stewart, second by Mindy Rump to adopt Resolution No. 2021-13 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #15 —Mike Rooks stated this LB 840 request by Kevin Barnhill, owner of KB Quality Meats, was tabled at the council's Feb. 23 meeting. Barnhill originally sought $150,000 for his business expansion and hiring of three more employees. Mr. Barnhill is planning to add an additional cooler and processing space, as well as smoking and cooking capacity. The LB840 Committee approved a forgivable loan in the amount of $36,000. Kevin Barnhill was present to answer questions and stated this expansion is necessary to keep up with customer demand. By adding another cooler, they can increase carcass storage adding (30) to (50) in capacity in the slaughter and fabrication portion. Current capacity is filled to 115% through June 2022. Addition of several private label customers puts us in the need of additional processing room and smoking/cooking capacity so we will be installing an industrial kitchen as well. Motion by Frank Wolff, second by Kevin Willis to approve the LB840 application for KB Quality Meats, LLC for expansion of his slaughter and fabrication business in the amount of $36,000. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #16 — City Administrator Storm stated the city has the need for a facility that would serve as a large meeting area, place for receptions, conferences, and similar actives with the closing of the South Fork Conference Center. The City would benefit from a facility that could promote additional recreational activities that would help promote activities such as basketball camps, basketball tournaments, Volleyball camps, volleyball tournaments, soccer camps, soccer tournaments, and other similar activities including winter training for activities such as baseball and softball to help promote new dollars into the local economy for the purpose of helping local businesses generate new income and additional tax resources for the community. The Blair Community Schools (BCS) has the need for additional facilities for winter and spring athletic teams to practice during times of increment weather, as well as the need to construct a competitive soccer facility that would benefit the School Soccer programs for the betterment and safety of the Student Athletes attending Blair Community Schools, while at the same time affording the School the opportunity to host conference, district, and potentially State competitions. Both the City and the School may have the need for future space for Administrative offices and/or meeting spaces and both would like to better partner with Metro Community College to provide additional College credit classes and technical training for the betterment of the Community. Since the closing of South Creek Conference Center, the Blair community has lost a valuable venue for events such as: weddings, community events, conferences, receptions, fund-raising banquets, and other similar events. The city and the school are interested in exploring the potential and feasibility that the Hawks/Borup Coliseum, football/stadium, and track areas can be renovated to help meet the needs of the City, School, and Community. The city applied to the Nebraska Department of Economic Development for a planning grant from the Civic and Community Center Financing Fund (CCCFF) to help finance a planning and feasibility study for determining the uses and potential cost of renovating the Hawks/Borup Coliseum, former football field/stadium and track on the former Dana Campus to help meet the needs of the City, School and Community and was award a grant in the amount of $15,000 to help pay for the cost of Council Meeting April 13, 2021 6 feasibility study. The city and school will form a joint planning committee to further explore the uses and feasibility of acquiring and renovating the former Hawlcs/Borup Coliseum, football/stadium, and track areas to benefit City of Blair and Blair Community Schools. The joint planning committee will consist of three members of the Blair City Council, three members of the Blair Community School Board, with one member from the City Council and one member of the School Board to be appointed as Co -Chairpersons, and five members of the public to include a member from the Blair Basketball Club, Blair Community Youth Soccer Association, YMCA, Blair Youth Football Club, and a member of the public as agreed to between the Mayor and President of the School Board. The Committee will then recommend the Engineering consultant to complete the study and the city will be responsible for the financial management of the study and be responsible for contracting for the study. The current estimate for the cost of doing said engineering study is $40,000 and that the cost shall be paid as follows: City $12,500, School $12,500 and CCCF grant $15,000. If the proposed cost exceeds this estimate, both entities shall give approval prior to the Contract being finalized. The study will take approximately six to nine months to complete. Council member Wolff introduced Resolution 2021-11 approving an agreement between the City of Blair and the Blair Community Schools for a joint Study Committee for use of the Hawlcs/Borup Coliseum, football field/stadium and track on the former Dana Campus. Motion by Frank Wolff, second by Mindy Rump to adopt Resolution No. 2021-11 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #17 — Director of Public Works Schoemaker presented a proposed developer's agreement for Northern View Phase II subdivision stating there will be a total of 37 lots included in this phase which will fully develop the subdivision. Staff expressed concerns moving forward with the second phase of the subdivision is the number of vacant lots still in Phase I. To address this concern, the developer's agreement states the developer, Sudbeck Homes, must take out an additional six building permits for six new houses in Phase I before the city will go out to bid for the public improvements for Phase II. Currently, there are six houses under construction and all of them have been sold. The additional six housing starts will have 12 of the 18 lots being developed. With this number of houses either already built or under construction will significantly reduce the debt of the first phase and put the city in a good position to work with the developer moving forward with Phase II. In addition, the developer's agreement also requires the developer to start one new house in Phase I for every three houses being started in Phase II until phase I is filled. The developer Melvin Sudbeck has agreed to these conditions and has signed the agreement. The plan is to have all the public improvements completed by the end of 2021 for houses to be started late 2021 or early 2022. Overall, this development will have 55 new houses along with three lots along Wilbur Street for a grand total of 58 new houses in this area. Council member Hall introduced Resolution 2021-12 approving a developer's agreement between the City of Blair and Melvin Sudbeck Homes, Inc to include extension districts for paving and storm sewer, water, and sanitary sewer services for Northern View - Phase II. Motion by Kevin Hall, second by Chris Jensen to adopt Resolution No. 2021-12 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #18 — Director of Public Works Schoemaker stated the proposed ordinance would allow the city to move forward with the design of future streets in Northern View Phase II creating an additional 37 lots. The cost of these streets will be assessed to the lots within Northern View Phase II Council Meeting April 13, 2021 subdivision. Council member Shepard introduced Ordinance 2438 creating Paving Improvement District 203 - Northern View Phase II. AN ORDINANCE CREATING PAVING DISTRICT NO. 203 - NORTHERN VIEW PHASE 2 IN THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA, DESCRIBING SAID STREET IMPROVEMENT DISTRICT AND IMPROVEMENTS TO BE CONSTRUCTED THEREIN, AND PROVIDING THAT SPECIAL ASSESSMENTS MAY BE LEVIED IN PROPORTION TO BENEFITS TO THE PROPERTY IN SAID DISTRICT; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. Council member Marry Shepard moved that the statutory rule requiring reading on three different days be suspended. Council member Kevin Willis seconded the motion to suspend the rules and upon roll call vote the following Council members voted: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. The motion to suspend the rules was adopted by three-fourths of the Council and the statutory rule was declared suspended for consideration of said Ordinance. Said Ordinance was then read by title and thereafter Council member Marty Shepard moved for final passage of the Ordinance, which motion was seconded by Council member Kevin Hall. The Mayor then stated the question was "Shall Ordinance No. 2438 be passed and adopted?" Upon roll call vote, the following Council members voted: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. The passage of said Ordinance having been concurred in by a majority of all members of the Council, the Mayor declared the Ordinance adopted. A true, correct, and complete copy of said Ordinance can be found in the Ordinance Record Book. Agenda Item #19 — Director of Public Works Schoemaker stated the proposed engineering agreement is for the design of the public improvements for the second phase of Northern View Subdivision. The total fee is $40,700 which includes all necessary survey, design of public improvements and storm water management study and design. The cost of this work will be assessed to the lots within the development. Motion by Frank Wolff, second by Chris Jensen to approve an Engineering Agreement with Foleyshald Engineering for the Design of the Public Improvements for Northern View Subdivision Phase II. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #20 — Director of Public Works Schoemaker presented the plans and specifications for the 2021 Asphalt Overlay Project. There are a total of 12 blocks of streets listed in the project around the city. Eight blocks are included that we will only grind and replace the two feet of asphalt in the gutter lines trying to salvage the rest of the street overlay for a few more years. This was done last year with good success. The estimated cost for this work is $200,000, which is in the current budget. The contractor must be completed with the work by October 1, 2020 and will have 30 calendar days to complete the work once they start. There is no set specific start date to hopefully get more competitive bids for this work. The following streets will be included in this year's project: Clark Street from Highway 30 to 25th Street, 16th Street from South Street to Butler Street, Grant Street from City Shop Drive to Washington County Annex Drive, 4th Street from Grant Street to one block north, Fairview Council Meeting April 13, 2021 Drive from 12th to 13th Streets, Hillcrest Drive from Elm Drive to cul-de-sac, 11th Street from Adams through Fairview Drive intersection (Gutter Lines Only), 16th Avenue from Wilbur Street to south end of street (Gutter Lines Only), Prospect Street from Highway 75 to cul-de-sac (Gutter Lines Only), 21st Street from Front Street to Colfax Street (Gutter Lines Only and Approach north side of Highway 91, and South Side of Grant Street), 23rd Street from South Street to Elm Drive (Gutter Lines Only), and Colfax Street from 20th to 21 st Streets (Gutter Lines Only). Motion by Jon Stewart, second by Frank Wolff to approve plans and specifications and authorization to go out for bid for the 2021 Asphalt Overlay Project. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #21 — Director of Public Works Schoemaker stated bids were accepted on Tuesday March 30th for the relocation of the south trunk sewer main. Unfortunately, no bids were received for this project. This is a small project under $170,000, and most utility contractors have their schedules filled up for the summer. Seven contractors took out plans for the project, but none chose to bid. In checking with City Attorney Solomon about state statutes regarding publicly bidding, she confirmed that since the city did not receive any bids for the project, the city council can direct city staff to solicit bids for the work and return with those bids later. If the city council is agreeable, staff will contact utility contractors and to solicit a bid from them. If we are unable to obtain any bids for this work for this year, the project can be postponed until 2022 and bid early next year. Motion by Kevin Willis, second by Mindy Rump to approve authorization for City Staff to seek negotiated proposal for construction of South Trunk Sewer Relocation project due to not receiving any bids from previously advertised bid request. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #22 — Director of Public Works Schoemaker stated bids were accepted on Friday April 2nd for the purchase of a new Streets Department pickup truck. Only one bide was received from Woodhouse Ford and that bid was $40,598. The budget for this truck is $30,000. Staff is recommending to the city council that this bid be rejected and authorize staff to modify our specifications and rebid the truck. Motion by Kevin Hall, second by Kevin Willis to reject bid received from Woodhouse Ford and authorize Staff to modify specifications and rebid the truck. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #23 — Director of Public Works Schoemaker stated bids were accepted on Tuesday, April 6th for the Grant Street Box Culvert Repairs. Only one partial bid was received from Thrasher, Inc. of Papillion, NE for setting the anchors only. None of the other work was included in their bid. The proj ect engineer is recommending the city council reject the partial bid and authorize staff to seek bids for this work and present back to the city council at a future meeting. While this work needs to be completed, there is nothing that is considered imminent needing immediate attention. Motion by Kevin Willis, second by Mindy Rump to reject partial bid received from Thrasher, Inc., Papillion for Grant Street Box Culvert Repairs and authorize Staff to seek negotiated proposals for this project to present back to the City Council for approval. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Council Meeting April 13, 2021 Agenda Item #24 - City Administrator Storm stated the Cubs baseball has requested the City to participate in the installation of lights on Peterson Field. They have a donor that has donated poles to allow them to put up the lights that they had previously purchased a couple of years ago. Heath, with Dick's Electric, has submitted a proposal with an estimate of $21,000 to provide the new service. The proposal currently calls for a new 400 -amp service which would serve both Peterson and Zimmerman, but depending on final discussions with OPPD, may require a 600 -amp depending on OPPD billing policies and estimated usage. Motion by Kevin Hall, second by Mindy Rump to approve installation of new electric service at Zimmermann and Peterson Fields. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #25 - City Administrator Storm stated the proposed interlocal all entities with in Douglas County, Sarpy County, Cass County, Washington County, Dodge County, Saunders County and Pottawattamie County to create an association so that they may work together and mutually cooperate in fighting fires and responding to other emergencies which assume or threaten to assume proportions beyond the capacity of the fire and EMS defenses of any individual town, rural or suburban fire district, or of any community. The first (24) hours of an emergency, each district is responsible for their own costs. After that, the community they are assisting could be billed for the extra service hours. This agreement has been approved before. This agreement is updating language and staying current in the event of an emergency. Council member Wolff introduced Resolution 2021-13 approving an Interlocal Agreement with Tri -Mutual and Fire Fighters Association for purposes of providing services to each other in Douglas County, Sarpy County, Cass County, Washington County, Dodge County, Saunders County and Pottawattamie County. Motion by Frank Wolff, second by Chris Jensen to adopt Resolution No. 2021-13 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #26 - City Administrator Storm had no report. Agenda Item #27 - Motion by Mindy Rump, second by Marty Shepard to adjourn the meeting 9:15 p.m. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Absent, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. The following claims were approved: Abes Portables, Svc, 68.96; Abe's Trash Service Inc, Svc, 1330.16; Acco, Inv, 1868.40; Aflac, Svc, 963.68; Air Products & Chemicals, Inv, 5461.29; American Broadband, Svc, 2171.84; American Public Works Assoc, Svc, 540.00; American Underground Supply, Inv, 3853.88; Angel Armor Llc, Inv, 1190.14; Apwa-Iowa Chapter, Svc, 50.00; Arps Red -E -Mix Inc, Svc, 1298.03; Automatic Systems Co, Svc, 8795.17; Babkel Mechanical, Svc, 2724.88; Baird Holm Llp, Svc, 70.00; Baker & Taylor Books, Inv, 2457.63; Benefit Plans Inc, Svc, 1975.00; Bh Ne Gas Utility, Svc, 3457.77; Biblionix, Inv, 4265.00; Bi -State Motor Parts, Inv, 133.83; Blair Ace Hardware, Inv, 1070.35; Blair Bakery, Svc, 14.20; Blair Fire Department, Svc, 2267.68; Blair Fire Department, Svc, 1272.90; Blair Youth Sports Complex, Svc, 25000.00; Blue Cross & Blue Shield Of Ne, Svc, 91059.43; Bomgaars Supply Inc, Inv, 860.28; Boo Inc, Inv, 61.38; Bound Tree Medical Llc, Inv, 698.89; Buds Auto Repair, Svc, 1376.14; Calvin Poulsen, Svc, 2280.00; Capital City Concepts Llc, Svc, 16316.08; Cappel Auto Supply Inc (Napa), Inv, 10.69; Carquest Auto Parts, Inv, 49.30; Casey & Council Meeting April 13, 2021 10 Nicole Sok, Svc, 230.00; Cede & Co, Invest, 55000.00; Cede & Co, Invest, 3633.75; Cede & Co, Invest, 28392.50; Christiansen Masonry, Svc, 200.00; Christopher Tompkins, Svc, 500.00; City Of Blair, Svc, 121.35; City Of Blair, Svc, 127.10; Consolidated Management Co, Svc, 16.62; Core & Main, Inv, 3490.88; Counsel Office & Document, Svc, 982.30; Country Tire Inc, Svc, 210.89; Cubby's Inc, Inv, 4994.71; Cummins Inc, Svc, 1860.35; Deborah Wood, Svc, 250.00; Desirae M Solomon, Svc, 21.00; Desirae M Solomon, Svc, 5000.00; Dick's Electric Co, Svc, 14395.09; Dms Inc, Svc, 57206.12; Douglas County Treasurer, Svc, 29.54; Dtn, Llc, Svc, 1068.00; Eakes Office Plus, Inv, 1129.16; Ebsco Subscription Service, Svc, 858.25; Eftps, Dues, 30293.64; Eftps, Dues, 31543.99; Electronic Contracting Co, Svc, 747.50; Eme Insurance Companies, Svc, 5000.00; Enterprise Publishing Co, Svc, 5706.79; Epco Ltd Inc, Inv, 96.00; Eriksen Construction Co Inc, Svc, 13643.00; Fastenal Company, Inv, 704.84; Fireguard Inc, Svc, 630.00; First National Bank, Inv, 3726.75; Friends Of The Jeanette Hunt, Svc, 15582.50; Gateway Development Corp, Svc, 60000.00; Grainger, Inv, 182.15; Hach Co, Inv, 1414.07; Hansen Agency, Svc, 70.00; Hawkins Inc, Inv, 2760.60; Hayes & Associates Lie Cpa, Svc, 5000.00; Hdr Engineering Inc, Svc, 3224.40; Henton Trenching Inc, Svc, 31427.95; Hgm Associates Inc, Svc, 1740.00; Hireright Solutions Inc, Svc, 43.26; Hotsy Equipment Co, Svc, 255.55; Huntel Security, Svc, 275.40; Ingersoll Rand Company, Svc, 384.00; J Nielsen Construction Llc, Svc, 500.00; J. J. Keller & Associates, Inc, Inv, 868.00; J.P. Cooke Co., Inv, 36.50; Jackson Services, Svc, 860.82; Jeff Beiermann, Svc, 43.68; Jennifer Kalvoda, Svc, 500.00; Jensen Well Company Inc, Svc, 25033.00; Jeo Consulting Group Inc, Svc, 4197.25; Jetter's Plumbing Inc, Svc, 1281.57; Jm Online, Svc, 251.40; Johnson Drywall Co, Svc, 450.00; Jonesy's Towing, Svc, 800.00; Kelly Ryan Equipment Co, Svc, 1899.19; Long's Ok Tire Stores, Svc, 17.50; Margaret Hanson, Svc, 150.66; Martin Marietta Materials, Inv, 552.45; Matheson Tri-Gas Inc, Inv, 111.36; Mckinnis Roofing & Sheet Metal, Svc, 457.36; Mechanical Sales Inc, Svc, 135.00; Memorial Community Hospital, Svc, 295.00; Michael Todd & Company Inc, Inv, 1524.98; Micro Marketing Llc, Inv, 277.52; Midland Scientific Inc, Svc, 541.00; Midwest Laboratories, Svc, 269.46; Miller Incorporated, Svc, 651.00; Nalco Company, Inv, 450.00; Nebraska Child Support Pmt Ctr, Dues, 260.78; Nebraska Child Support Pmt Ctr, Dues, 260.78; Nebraska Dept Of Health &, Svc, 115.00; Nebraska Dept Of Revenue, Dues, 17246.12; Nebraska Dept Of Transportatio, Svc, 20408.63; Nebraska Law Enforcement, Svc, 184.00; Nebraska Public Health, Svc, 1374.00; Nebraska State Fire Marshal, Svc, 120.00; Nelsen Appraisal Services, Svc, 2450.00; Odeys Inc, Inv, 7466.40; Officenet, Inv, 69.00; Olson & Stewart Const Inc, Svc, 1021.92; Omg Midwest Inc, Svc, 870.75; One Call Concepts Inc, Svc, 154.16; One Source, Svc, 55.00; Ontrac, Svc, 272.44; Oppd, Svc, 88927.35; O'reilly Automotive Stores Inc, Inv, 194.74; Page Turner Adventures, Svc, 745.00; Patrick & Brenda Jenny, Svc, 156.72; Pete Lien & Sons Inc, Inv, 66059.04; Pioneer Cleaning Llc, Svc, 500.00; Pitney Bowes Inc, Inv, 474.47; Principal Financial Group, Dues, 19724.44; Principal Financial Group, Dues, 19712.80; Product Recovery & Recycling, Svc, 85.00; Quick Med Claims Llc, Svc, 2939.95; Regional Care Inc, Svc, 1103.00; Regional Care Inc, Svc, 30.00; Regional Care Inc, Svc, 10.00; Regional Care Inc, Svc, 299.34; Regional Care Inc, Svc, 889.23; Regional Care Inc, Svc, 1400.72; Regional Care Inc, Svc, 410.40; Regional Care Inc, Svc, 2755.88; Regional Care Inc, Svc, 384.00; Regional Care Inc, Svc, 2661.71; Reverts Mechanical Contracting, Svc, 106300.00; S & S Pumping Service Llc, Svc, 5260.00; S.E. Smith & Sons, Inv, 377.43; Sapp Bros Petroleum Inc, Inv, 960.00; Schaeffer Mfg Company, Inv, 403.96; Shi International Corp, Inv, 7599.00; Shredding Solutions, Svc, 75.00; Snyder & Associates, Svc, 7873.50; Sos Heating Cooling, Svc, 15242.00; Spartan Stores Llc, Inv, 34.68; State Withholding, Dues, 4671.23; State Withholding, Dues, 4678.16; Stratus Building Solution, Svc, 4710.00; Summit Usa, Inv, 59000.00; The Cure Inc, Inv, 41.98; The Lincoln National Life, Svc, 3866.33; Titan Machinery, Inv, 334.29; Total Truck & Machine Llc, Svc, 2239.13; Trekk Design Group, Svc, 13834.94; Tritech Forensics, Svc, 73.08; Uline, Inv, 787.94; Us Cellular, Svc, 788.08; Us Postal Service, Svc, 56.65; Us Postal Service, Svc, 922.68; Council Meeting April 13, 2021 11 Verizon 883740345-00001, Svc, 541.53; Vessco Inc, Inv, 2165.36; Washington County Bank, Svc, 25913.75; Washington County Bank, Dues, 8349.66; Washington County Bank, Dues, 8319.66; Washington County Register, Svc, 224.00; Watchguard Video, Inv, 4850.00; Westech, Svc, 8259.10; Woodhouse Ford Inc, Svc, 1329.19; Wp, Llc, Svc, 19000.00. Richard Hansen, Mayor ATTEST: r , Brenda Wheeler, City Clerk Council Meeting April 13, 2021 12 AFFIDAVIT OF PUBLICATION State of Nebraska, County of Washington Chris Rhoades, Being by me first duly sworn, deposes and says that he is the Associate Publisher of the Pilot -Tribune , a legal weekly newspaper published at Blair, in Washington County, Nebraska and of general circulation in said County and State: that said newspaper has a bona fide circulation of more than 3000 copies weekly, in said County: and has been published in said County for more than 52 successive weeks prior to the first publication of the attached notice, that the attached notice was published in said newspaper for ` consecutive week(s) being the issues of. May 4, 2021 Associate Publisher Signature Subscribed in my presence, and sworn to before me this 4th day of May, 2021. Notary Public 42% July 24, 2023 Printers Fee For Publishing This Notice $ 195.30 Preparation of Affidavit and Billing $ 0.00 Notary Fees $ 0.00 Copy $ 0.00 25% discount for minutes $ 0.00 TOTAL $ 195.30 _t rt