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20211223083316199City of Blair Regular Council Meeting November 23, 2021 The Mayor and City Council met in regular session in the City Council Chambers on November 23, 2021, at 7:00 PM. The following were present: Present: Kevin Hall, Chris Jensen, Mindy Rump, Andrew Schank, Marry Shepard, Jon Stewart, Kevin Willis. Absent: 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 & 2 — Mayor Hansen called the meeting to order and made introductions at 7:00 p.m. followed by a statement of compliance with the open meetings act followed by the Pledge of Allegiance. Agenda Item #3 — Consent agenda approved the following: 3a) Approval of Minutes of the November 9, 2021, meeting, 3b) Clerk report of Mayoral Action of the November 9, 2021, meeting, 3c) City Department reports for the Blair Police Department for October 2021, and 3d) Claims as approved by the Finance Committee. 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: Yea, Marry Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #4 — Director of Public Works Schoemaker stated the proposed developer's agreement is for the West Valley Subdivision and calls for the city to contract for the design and construction of the necessary public improvements for the development. The developer will repay the costs back to the city through special assessments. There is a total of (26) single family residential lots within the subdivision with most of them needing full public improvements. Some lots along 24th Street have paving and water already in place the developer's agreement states that all 26 lots will be equally assessed for the public improvements once the project is complete. This will keep all the costs spread out evenly keeping all the lots competitive with each other. Council member Shepard introduced Resolution 2021-39 approving a Developers Agreement for the West Valley Subdivision. Motion by Marty Shepard, second by Andrew Schank to adopt Resolution No. 2021-39 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #5 — Director of Public Works Schoemaker stated with the approval of the developer's agreement in the previous agenda item, the city is ready to move forward with the proposed ordinance creating Street Improvement District 204 for West Valley Subdivision. There will only be one Council Meeting November 23, 2021 1 street constructed for the subdivision which is North 25th Circle from Nebraska Street to the cul-de-sac. This ordnance is necessary for the development of the street under a district format to allow for the improvements to be assessed once completed. Council member Hall introduced Ordinance 2467 creating Paving District Number 204 for the West Valley Subdivision. AN ORDINANCE CREATING PAVING DISTRICT NO. 204 - WEST VALLEY SUBDIVISION 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 Kevin Hall moved that the statutory rule requiring reading on three different days be suspended. Council member Chris Jensen 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: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff- Absent. 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 Kevin Hall moved for final passage of the Ordinance, which motion was seconded by Council member Chris Jensen. The Mayor then stated the question was "Shall Ordinance No. 2467 be passed and adopted?" Upon roll call vote, the following Council members voted: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Absent. 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 #6 — Director of Public Works Schoemaker stated the proposed agreement with FoleyShald Engineering is for the design of the required public improvements for the West Valley Subdivision which was recently approved. The total fees for the design of the storm sewer, sanitary sewer, water mains, street and storm water management plan are $29,400 which equates to a little over $1130 per lot well which is within the typical fee for such work. FoleyShald is the engineers of record for the developer which the city has no objection to using for the public improvements design. Motion by Kevin Willis, second by Mindy Rump to approve an Engineering Agreement with FoleyShald Engineering for the Design of the Public Improvements for West Valley Subdivision. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #7 — Director of Public Works Schoemaker stated City Councilman Andrew Shank has requested that staff present a proposed resolution to the city council for consideration of the installation of stop signs at the intersections of 10th & Colfax Street and 10th & South Street. The stop signs would stop traffic on Colfax and South Streets when entering 10th Street. The concern is now that 10th Street has been extended to Highway 75 and with the new industrial development, there is more traffic using 10th Street making it necessary for the city to consider the installation of stop signs at these two Council Meeting November 23, 2021 2 intersections with 10th Street. The new stop signs are for safety of motorists using all three of these streets. Council member Schank introduced Resolution 2021-40 authorizing the placement of stop signs at 10th & South Streets and 10th & Colfax Streets. Motion by Andrew Schank, second by Kevin Hall to adopt Resolution No. 2021-40 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #8 — Director of Public Works Schoemaker presented the annual maintenance agreement with the Nebraska Department of Transportation for 2022. This agreement covers the NDOT portions of the highways in Blair that are their responsibility for maintenance. This is for the center two lanes snow and ice control, pothole patching and other repairs. No credit is given for the outside lanes because they are the responsibility of the city. The annual payment to the city is $39,060. It can be expensive to maintain the state's highway, but his is our only option to recoup some money for our services. Also required is a certification stating we have complied with the maintenance agreement for this year. Council member Shepard introduced Resolution 2021-41 approving the Nebraska Department of Transportation annual agreement for Highway Maintenance for 2022. Motion by Marty Shepard, second by Andrew Schank to adopt Resolution No. 2021-41 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #9 — Director of Public Schoemaker stated Flood Break is the manufacturer of the flood gate at the water and wastewater treatment plants. The proposal is to renew the annual maintenance agreement with them for the flood gate maintenance. It is important to continue with the maintenance on the flood gate to insure it will perform as needed whenever the city may have flooding issues from the Missouri River. This gate was installed in 2015. The cost for this maintenance is $16,425. Council member Shepard asked if the gate was exercised. Schoemaker stated that staff does exercise the gate from time to time. Motion by Kevin Hall, second by Andrew Schank to approve Maintenance Agreement with Flood Break for the Flood Gate at Optimist Park. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1 Agenda Item #10 — City Administrator Storm stated the proposed Resolution would extend the agreement with Cubs Baseball Club for the use of city -owned Petersen and Zimmerman fields on the former Dana College campus. Due to the club borrowing money to buy new poles for the installation of new lights on Peterson Field, they would request an extension of the agreement until April 30, 2031. Storm stated they have been good caretakers of the field and have done several improvements to those facilities. The have also been an active part of providing recreation and competitive ball to the people of Blair. Council member Stewart introduced Resolution 2021-42 amending the agreement with Blair Youth Cubs Baseball Organization extending the expiration date of the agreement. Motion by Jon Stewart, second by Mindy Rump to adopt Resolution No. 2021-42 as presented. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #11 — City Administrator Storm stated the city will be accepting proposals for the purchase of land just west of the new Dollar General distribution center. Seven of the eight lots of the new Council Meeting November 23, 2021 3 10th Street subdivision are slightly over 1 acre in size and one lot is approximately 0.65 acres. Three outlots are also included in the sale but these lots are unbuildable as they include the creek and a wooded area. Storm stated the notice for sale will allow the City Council to review and make recommendations on proposals, accepting or rejecting any based on what's best for the city. This means the city could accept a lesser offer if it would mean the business would create jobs, sales tax revenue and property taxes. Staff has developed the notice to allow the city the full ability to maximize the area for the city going forward. Some proposals might be in the best interest of the city but not be the highest dollar up front but over the long run would provide jobs and additional revenue for the city. The notice requires sealed proposals are to be filed with the city clerk by 2 p.m. December 30, 2021. There is no minimum price for the lots, but each lot will have an assessment of approximately $50,000 for the construction of water, sewer and paving so these lots should sell for $70,000 plus or minus. The value of the land is minimal compared to the improvements. Motion by Jon Stewart, second by Chris Jensen to approve Notice of Sale for city surplus property. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #12 — Mayor Hansen made a promotional appointment of Thomas Byrne as Sergeant with the Blair Police Department. Chief Lager stated Officer Byrne is currently deployed with the Nebraska National Guard in Syria, has been a Blair police officer since 2017. He served as a field artillery fire direction specialist with the U.S. Army and served in Iraq in 2011. He has a bachelor's degree in criminal justice and criminology from the University of Nebraska at Omaha. Motion by Jon Stewart, second by Marty Shepard to approve the Mayoral promotional appointment of Thomas Byrne as Sergeant with the Blair Police Department. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff. Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #13 — Mayor Hansen appointed Jacob Thome as a Police Officer with the Blair Police Department. Chief Lager stated this a lateral hire and that Thome has been a certified officer in California since 2016. He currently works for the Los Angeles County Sheriff s Department. He served three years with the U.S. Army National Guard. He is married with three children all under the age of five. The reason he chose Blair is that he wants to move his family from California, and they picked Nebraska. The Blair Community Schools district was also a factor in his decision to move to Blair. Motion by Kevin Hall, second by Kevin Willis to approve the appointment of Jacob Thome as a Police Officer with the Blair Police Department. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marty Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. Agenda Item #14 — City Administrator Storm stated the next City Council meeting will be a longer agenda because there will be no second meeting in December. Mayor Hansen asked about the Fernando signs. Storm stated Staff had not had time to contact Fernando's regarding their removal. Council member Jensen asked if there could be a traffic study done on Highway 30 near Pizza Hut. Director of Public Works reminded the Council that once the bypass goes in, there will be another stop light installed along Highway 30. Council Meeting November 23, 2021 Agenda Item #15 - Motion by Andrew Schank, second by Mindy Rump to adjourn the meeting 7:32 p.m. Council members voted as follows: Kevin Hall: Yea, Chris Jensen: Yea, Mindy Rump: Yea, Andrew Schank: Yea, Marry Shepard: Yea, Jon Stewart: Yea, Kevin Willis: Yea, Frank Wolff: Absent. All Council members voted: Yea: 7, Nay: 0, Absent: 1. Mayor Hansen declared the motion carried. The following claims were approved: Acco, Inv, 2055.48; Accurate Testing, Svc, 1514.50; American Legal Publishing, Svc, 650.00; American Underground Supply, Inv, 1368.11; Baker & Taylor Books, Inv, 37.36; Beth Clarke, Inv, 625.00; Bh Ne Gas Utility, Svc, 3317.85; Bishop Business, Inv, 3411.00; Blair Ace Hardware, Inv, 67.57; Bomgaars Supply Inc, Inv, 930.11; Buds Auto Repair, Svc, 94.89; Burns & Mcdonnell, Svc, 1584.97; Calvin Poulsen, Svc, 540.00; Cdw Government Inc, Inv, 148.96; Cede & Co, Invest, 60000.00; Cede & Co, Invest, 11733.75; Cede & Co, Invest, 5948.75; Ciox Health Llc, Svc, 20.00; City Of Blair, Svc, 137.52; City Of Blair, Svc, 144.61; City Of Blair, Svc, 760.07; Dick's Electric Co, Svc, 4442.81; Dtn, Llc, Svc, 582.00; Eakes Office Plus, Inv, 98.93; Eftps, Dues, 32326.60; Eftps, Dues, 36068.16; Eriksen Construction Co Inc, Svc, 1035.00; Fairfield Inn & Suites, Svc, 624.75; Galls Llc, Inv, 33.16; Hawkins Inc, Inv, 13371.47; Hicks Drywall Llc, Svc, 350.00; Hjr Properties, Svc, 500.00; J.P. Cooke Co., Inv, 21.70; Jdm Concrete Inc, Svc, 50.00; Kelly Ryan Equipment Co, Svc, 150.00; Kelly's Carpet Omaha, Svc, 217.94; League Association Of Risk, Svc, 340761.09; Midwest Mudjacking Inc, Svc, 1462.50; Mississippi Lime Co, Inv, 14269.15; Nalco Company, Inv, 67784.50; Ndeq, Invest, 142160.73; Nebraska Child Support Pmt Ctr, Dues, 214.62; Nebraska Child Support Pmt Ctr, Dues, 214.62; Nebraska Dept Of Environment &, Svc, 1380.00; Nebraska Dept Of Health &, Svc, 617.80; Nebraska Dept Of Revenue, Svc, 9140.56; Nebraska Dept Of Transportatio, Svc, 5443.12; Nebraska Salt & Grain Co, Inv, 3812.85; Nebraska State Fire Marshal, Svc, 50.00; Neelkanth Hospitality, Svc, 306.95; Ne-Ia Industrial Fasteners, Inv, 389.27; Officeteam, Svc, 4333.04; Olsson Associates, Svc, 336.25; Omg Midwest Inc, Svc, 964.71; O'reilly Automotive Stores Inc, Inv, 33.24; Orkin Llc, Svc, 125.00; Pioneer Cleaning Llc, Svc, 11.43; Pioneer Telephone, Svc, 10.50; Police Officers Association, Svc, 15.00; Pounds Printing Inc, Inv, 100.00; Principal Financial Group, Dues, 21095.87; Principal Financial Group, Dues, 22254.05; Regional Care Inc, Svc, 438.00; S.E. Smith & Sons, Inv, 62.11; Schonstedt Instrument Co, Inv, 477.88; State Withholding, Dues, 5120.25; State Withholding, Dues, 5869.48; Symbolarts, Inv, 110.00; The Sign Depot, Svc, 66.56; Thompson Construction Inc, Svc, 58655.37; Titan Machinery, Inv, 164.45; Univar Usa Inc, Inv, 24051.57; Us Postal Service, Inv, 2000.00; Usa Bluebook, Inv, 244.01; Vessco Inc, Inv, 1044.26; Washington County Bank, Svc, 8222.36; Washington County Bank, Svc, 8222.36; Woods & Aitken Llp, Svc, 610.00. Richard Hansen, Mayor ATTEST: f eeler, City Clerk HM t' November 23, 2021 0