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2020-08-25 City Council Meeting Meeting Resolution 2020-29 Motion Carried City of Blair Regular Council Meeting August 25, 2020 The Mayor and City Council met in regular session in the Blair Public Library on August 25, 2020 at 7:00 PM. The following were present: Brad Andersen, Kevin Hall, Chris Jensen, Mindy Rump, Marty Shepard, Jon Stewart, Kevin Willis, Frank Wolff. Also present were: City Administrator Storm, Assistant City Administrator Barrow, Director of Public Works Schoemaker, 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 and #2: Mayor Hansen called the meeting to order and made introductions at 7:00 p.m. followed by the Pledge of Allegiance. Agenda Item #3 – Consent Agenda approved the following: 3a) Approval of Minutes of the August 10 Budget Workshop meeting and regular meeting of August 11, 2020, 3b) Clerk report of Mayoral Action of the August 11, 2020 meeting, and 3c) City Department reports for July from the Blair Police Department and the Blair Public Library and Technology Center. Motion by Kevin Hall, second by Brad Andersen to approve the Consent Agenda. Council members voted as follows: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. Mayor Hansen declared the motion carried. Agenda Item #4 – Mayor Hansen opened a Public Hearing on the proposed use of Community Development Block Grant revolving loan funds from the City of Blair for Sai Properties V, Inc., 2500 S. 192nd Ave, Omaha, NE for a new Holiday Inn Express in the amount of $180,000.00. City Administrator Storm stated the city will be allocating the city’s reuse funds for this project. The funds were obtained several years ago when the Nebraska Department of Economic Development awarded CDBG funds to applicants within the city’s jurisdiction in the form of a loan. These funds were then paid back into the city’s reuse fund. HUD has tightened up what type of projects these funds can be used for. They must be used for economic projects that will create at least 51% of the jobs being offered or made available to persons from low- and moderate-income. These funds were required to be allocated by July 1 or they would have to be returned to the NDED. Due to the coronavirus pandemic, the award of these funds was delayed. The NDED does not want cities sitting on these funds. They want them to go back to the state so they can be distributed to other development projects. The NDED has approved the use of these funds to go toward to the hotel project but cannot be allocated until construction of the hotel begins. The total cost of the project is approximately $7 million. The hotel will have 68 to 75 rooms and would employ 20 to 25 people, 10 of whom will be full time. The city will lend $110,751 for land acquisition at zero percent interest for ten years and $70,000 for working capital at zero percent interest for seven years. The city Council Meeting August 25, 2020 1 previously approved $400,000 in LB840 funds for this project and the developer is seeking TIF (Tax Increment Financing) to make the project viable. MAPA will handle all the paperwork and administration. They will also be responsible for ensuring the project complies with the low- and moderate-income requirement. MAPA’s fee will be $9500. There were no comments from the floor or in writing. Mayor Hansen closed the public hearing. Agenda Item #5 – City Administrator Storm stated the proposed resolution would authorize the actual loaning of the funds to the hotel project. The funds would not be allocated until the project is under construction and moving forward, which will not be until next summer, and substantial construction is completed. Council member Rump introduced Resolution 2020-29 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 Mindy Rump, second by Marty Shepard to adopt Resolution No. 2020-29 as presented. Council members voted as follows: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. Mayor Hansen declared the motion carried. Agenda Item #6 – Kelly McManigal, 1540 Oak Dr., appeared before the Mayor and City Council to discuss amending the current practice when the city damages a citizen’s property in city right of way. Mr. McManigal stated that his sprinkler system as well as that of several of his neighbors were broken during the city’s recent water main replacement project. When the city upgrades infrastructure and damages property that is put there by the citizens to maintain the city right of way, the city should be required to replace that damaged property. McManigal believes the sprinkler system would not be any different that if a city truck struck a mailbox. Council member Andersen asked how the city would bid this into a project. Director of Public Works Schoemaker stated the city would have to change a city ordinance, which has been in place for more than 20 years. He also suggested the Transportation Committee review the ordinance with staff and make a recommendation to the council. He noted the city routinely receives calls from homeowners seeking compensation for landscaping and trees in city right of way that have been removed due to projects. The Committee will need to consider what the cost will be to the city. Sprinkler systems are almost always on city right of way so we may need to require a permit or permission to put something in right of way. The council will need to decide if taxpayers without sprinklers should be required to pay for the repair of all sprinkler systems. Any federally funded project will not allow for those costs to be reimbursed if damage occurs on city owned property. Mayor Hansen stated this issue will be referred to the Transportation Committee for a recommendation at a future meeting Agenda Item #7 – City Administrator Storm reviewed the preliminary budget for FY 2020/2021. The new budget is proposing a slight increase in property tax up a half cent from the previous year which is 35.95 cents per $100 of assessed valuation. This year’s levy will be 36.99 cents. The city’s levy has remained between 35 and 36 cents for over ten years. The property tax asking for the proposed budget is $2.3 million which is up from $2.11million in 2019. The Washington County Assessor’s valuation is up from $587.8 million to $637.4 million. Storm reviewed the following budgets: Administration - $529,859, Police - $2,358,370, Fire - $208,800, Park/Cemetery - $1,490,490, Library - $850,845, Swimming Pool - $135,978, Zoning - $375,150, Animal Control - $105,830, Contingent Reserve - $20,000, Cash Reserve - $125,473, Debt Service - $2,191,318.35, Street - $4,436,204.88, Rescue - $532,203.26, Sales Tax - $4,262,148.24, Insurance Fund - $81,778.88, Wastewater - $2,333,910.52, Water - $27,780,354.02, Lodging Occupation Tax - $101,932, Donated Funds - $60,564, CDBG Reuse fund - $192,002, LB840 Funds - $1,056,893.07, TIF 1 - $71,907, Keno Funds - $153,709, TIF 2 - $175,695, TIF 3 - $53,089 and Council Meeting August 25, 2020 2 TIF 4 - $69,478. Total of all funds is $49,808,432.46. To keep the levy the same as last year, approximately $29,654 will need to be cut from the budget. Council member Stewart stated he is not in favor of increasing the mill levy and would like to remove $30,000 from the budget to keep the levy the same. Motion by Brad Andersen, second by Kevin Hall to approve the preliminary budget for FY 2020/2021 and authorize the publication of Budget Hearing set for September 8, 2020. Motion by Jon Stewart, second by Marty Shepard to amend the motion to decrease the property tax asking in streets revenue from $210,000 to $180,000, transfer an additional $30,000 from Sales tax to Streets for property tax relief, and reduce sales tax necessary cash reserve from $914,778.24 to $884,778.24. Council members voted as follows: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. Mayor Hansen declared the motion carried. Council members voted as follows: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. Mayor Hansen declared the motion carried and approved as amended. Agenda Item #8 – Director of Public Works Schoemaker stated the proposed ordinance would create the paving district for the Deerfield Replat approved for Nate and Kiley Huber. The district needs to be created prior to moving forward with the engineering design on the project. Water and sewer districts will be created later once the engineering is complete. Council member Shepard introduced Ordinance 2404 creating Paving Improvement District 200 - Deerfield Replat. AN ORDINANCE CREATING PAVING DISTRICT NO. 200 – DEERFIELD REPLAT 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 Marty Shepard moved that the statutory rule requiring reading on three different days be suspended. Council member Kevin Hall seconded the motion to suspend the rules and upon roll call vote the following Council members voted: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. 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. 2404 be passed and adopted?” Upon roll call vote, the following Council members voted: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. 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 #9 – Director of Public Works Schoemaker stated engineering proposals for the public improvements for the Deerfield Replat in the Deerfield Subdivision were requested and the following proposals were received: 1) HDR Engineering $11,935; 2) Schemmer Associates $26,720; 3) Council Meeting August 25, 2020 3 JEO Engineering $26,980; and 4) HGM Engineering $32,732. Schoemaker stated he did check with HDR to review the project with them to make sure they understood the project. He is comfortable with their understanding of the project and the proposal they submitted. Bids will be taken in December or January with a project start date in March. Motion by Brad Andersen, second by Kevin Willis to approve the Engineering Agreement with HDR Engineering in the amount of $11,935 for the public improvements for Deerfield Replat Development. Council members voted as follows: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. Mayor Hansen declared the motion carried. Agenda Item #10 – City Administrator Storm stated the proposed MOU (Memorandum of Understanding) was approved several months ago but never signed due to the inability of BETA (Black Elk Trail Association) to obtain insurance. They decided to join with THOR (Trails Have Our Respect) to obtain insurance. Therefore, the agreement is being presented again for the city to consider the same agreement with THOR as opposed to BETA. Brent Fullmer – 1403 Wright St., appeared on behalf of BETA to answer questions. He stated the MOU is the same except for it being with THOR. BETA was unable to obtain insurance, so they joined with THOR, which has several trails in and around Omaha. He stated they plan to start on the trail this weekend. Council member Willis confirmed that BETA would return to the City Council for approval on phases two and three. Fullmer stated they would be working with the Park Board and would not move forward without council approval. Council member Stewart asked if each volunteer was required to sign a release to do any work on the trail. Fullmer stated all volunteers do need to sign a release. Pat Long, Cemetery/Parks Superintendent stated THOR will construct the trail and the city will do the regular maintenance. Council member Hall asked if City Attorney Solomon found the agreement acceptable. Solomon stated she had reviewed the agreement and was good with it. Council member Wolff introduced Resolution 2020-30 adopting a MOU between the Trails Have Our Respect (THOR) and the City of Blair for building and maintaining of a mountain bike trail in Black Elk Neihardt Park. Motion by Frank Wolff, second by Brad Andersen to adopt Resolution No. 2020-30 as presented. Council members voted as follows: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. Mayor Hansen declared the motion carried. Agenda Item #11 – City Administrator Storm stated the proposed ordinance for vacation of an Outlot in Baronage is being presented because one of the adjacent property owners is interested in purchasing all or a portion of it. After review, it was determined the Outlot was platted originally to allow for drainage but when the subdivision was developed, it was paved, curb and guttered so the drainage way is not needed. The vacation will allow the city to maintain ownership and then sale it. If vacated, the property owners will be contacted to see if they are interested in purchasing the property. The city vacated a lot like this several years ago. Council member Jensen introduced Ordinance 2405 vacating real estate known as Outlot (Drainage Way), Baronage Valley, an addition to the City of Blair, Washington County, Nebraska. AN ORDINANCE VACATING REAL ESTATE KNOWN AS OUTLOT (DRAINAGE WAY), BARONAGE VALLEY, AN ADDITION TO THE CITY OF BLAIR, WASHINGTON COUNTY, NEBRASKA; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. Council Meeting August 25, 2020 4 Council member Chris Jensen moved that the statutory rule requiring reading on three different days be suspended. Council member Frank Wolff seconded the motion to suspend the rules and upon roll call vote the following Council members voted: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. 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 Chris Jensen moved for final passage of the Ordinance, which motion was seconded by Council member Frank Wolff. The Mayor then stated the question was “Shall Ordinance No. 2405 be passed and adopted?” Upon roll call vote, the following Council members voted: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. 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 #12 – City Administrator Storm presented an agreement for City Attorney Solomon to increase the reimbursement under the legal agreement from $4500 to $5000. City Attorney Solomon was appointed in 2017 and there has been no increase since that time. She is required to pay all her own office expenses and staff. The hourly fee of $70 will not change for prosecution and court hearings. The increase is only for the retainer portion. Council member Andersen stated City Attorney Solomon has done a fantastic job for the city over the past several years. Motion by Kevin Willis, second by Mindy Rump to approve amended agreement with City Attorney Solomon. Council members voted as follows: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. Mayor Hansen declared the motion carried. Agenda Item #13 – City Administrator Storm stated HGM is moving forward with the boat ramp project and will be visiting with a committee on the improvements soon. They are also working on the park shelter project as well. They have been working with Pat Long for more information. They are also working on the design for the new park by the library. They will meet with the Park Board and staff on all projects soon. Staff did an excellent job on the sidewalk project along Highway 30. Gayle Robert’s st last day was August 21. Wendy Lukert will be the Acting Director until a new director is hired. Council member Willis congratulated Jacob Flynn on graduating from the Police Academy. Council member Jensen asked if the meetings will be going back to the Council Chambers. Storm stated the library allows for distance spacing for the public and council. Staff is ordering speakers to help on the sound in the room. Staff has also offered the use of the library to both the Blair schools and the County for their public meetings, which they will start using in September. Agenda Item #14 – Motion by Mindy Rump, second by Marty Shepard to adjourn the meeting 8:17 p.m. Council members voted as follows: Brad Andersen: Yea, Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Yea. All Council members voted: Yea: 8, Nay: 0. Mayor Hansen declared the motion carried. Council Meeting August 25, 2020 5 Richard Hansen, Mayor ATTEST: 4-ey,w L�Z' Brenda Wheeler, City Clerk CITY o'er@ 'a n 0 op 4TFD 1 a��9 Council Meeting August 25, 2020 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 Enterprise, a legal weekly newspaper printed and 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 1 consecutive week(s) being the issues of. September 18, 2020 ssociate Publisher Signature Subscribed in my presence, and sworn to before me this 18th day of September, 2020. 6w�� �AA-)2c Notary Public JI� GENERAL NOTARY • State of Nebraska SHAUNA GERKE My Comm. Exp. July 24, 2023 Printers Fee For Publishing This Notice $ 61.65 Preparation of Affidavit and Billing $ 0.00 Notary Fees $ 0.00 Copy $ 0.00 25% discount for minutes $ ml1T A T It, KI 1<S