February 5, 2024 at 7:00 PM - Beatrice Regular City Council Meeting
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1. ROLL CALL
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2. PROCLAMATION - Proclaiming March 2024 as “Problem Gambling Awareness Month”
Discussion:
Mike & Justin Antons
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3. CONSENT AGENDA
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3.a. Approve agenda as submitted.
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3.b. Receive and place on file all notices pertaining to this meeting.
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3.c. Receive and place on file all materials having any bearing on this meeting.
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3.d. Approval of minutes of regular meeting on January 15, 2024, as on file in the City Clerk's Office.
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3.e. Approval of Treasurer's Report of Claims in the amount of $706,237.21.
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3.f. Approval of BASWA Report of Claims in the amount of $53,768.93.
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3.g. Approval of funding request from the Beatrice Pickleball Association in the amount of $18,000.00 to resurface the court and add permanent lines for three (3) pickleball courts in the City Auditorium, as recommended by the Beatrice Plus Advisory Board.
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3.h. Resolution Number 7219 executing the Annual Certification Form for the Nebraska Department of Transportation for the period of October 1, 2022 thru September 30, 2023.
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3.i. Resolution Number 7220 executing the OAP Amendment Number 1 and HDHP Amendment Number 1 and to the City of Beatrice/Board of Public Works Employee Health Plan.
Action(s):
No Action(s) have been added to this Agenda Item.
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4. PUBLIC HEARINGS/BIDS
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4.a. Public Hearing for the purpose of considering on the acquisition of real property from D2 Strategic Development Fund VII, LLC, a Nebraska limited liability company, described as follows: Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9) and Ten (10), Gage County Industrial Park Second Addition to the City of Beatrice, Gage County, Nebraska, Gage County Parcel No. 011643500.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
tt - sold to D2 in _____, sold 20 acres, project has not moved forward, agreed to sell back for $210,000 same $ amount
Mayor - wasn't sure what was going to be done to begin with, good way to get back & control |
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5. RESOLUTIONS
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5.a. Resolution Number 7221 executing the Contract for Sale of Real Estate and any and all necessary documents to acquire real estate from D2 Strategic Development Fund VII, LLC.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
closing looking to be mid-February
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5.b. Resolution Number 7222 setting a public hearing date for the proposed annexation of property owned by the City, Gage County Parcel ID#: 004148000.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
schwartzkopf property, rezoned industrial, declared industrial park, annex next step, set public hearing within 60 days. P&Z hearing, CC hearing, 3 separate meetings according to state law. wrap up by APril
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5.c. Resolution Number 7223 executing a First Amendment to the LB840 Loan and related documents between the City, Midwest Housing Initiatives, Inc., and Porter Estates III, LLC.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - in Feb 2023, loaned LB840, $12,500 for 1 senior housing duplex site of old hospital, 10th & arthur. went through documents, some referred to 1 duplex, some stated 2, 1 duplex, 2 living units. clarifies.
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5.d. Resolution Number 7224 executing the Agreement with Hanna:Keelan Associates, P.C., for professional services to conduct a blight/substandard determination study and general redevelopment plan for Stoddard Elementary, Paddock Elementary, and Lincoln Elementary School Sites.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
moving forward with redvelopment with elementary sites, largest econ dev we have is TIF, first step is have blight & substandard study. $8,500 Hanna:Keelan, late march early April. Ted - doesn't change? TT - state legislature deemed, nothing to do with good or bad properties are one is any bldg 40 years or older is deemed blighted/substandard. other standard, does not change valuation of house, resale of property, most have no idea. school was ok with designation. TF - another tool bag, state said something we can use. only certain % of community designated. McLain - %? TT - at 34.14%, once annex Schwart 34.99%, between then & study, we will look at some areas to de-TIF. did a few years ago, took out AIrport. Have identified 30 acres that could be taken out, which would keep us in our range. Kerr - TT - since all blgds will qualify on their own, its just bldg at this time, GB - proactive & move forward. Kerr - Cedar already in? TT - correct in #3. Kerr -grants? TT- not usually grants, can use TIF.
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5.e. Resolution Number 7225 supporting the submission of an application to the U.S. Department of Transportation for a “Rebuilding American Infrastructure with Sustainability and Equity” (RAISE) grant to fund the Court Street Access and Safety Transformation (CAST) Initiative.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT _ working with MM one is RAISE Grant for Court STreet, asking for letters of support, working with downtown property owners, etc, asking for this support, mayor will also sign letter, Sen Dorn & ______already signed letter of support.
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5.f. Resolution Number 7226 endorsing and supporting the passage of LB850.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - about 1 year ago, city awarded Rrual workforce $1 mill paddock kensington derv - thought all went well, every recipient turned down grant, strings attached LB850 introduced to eluviate the federal strings & give back to original applicants to use funds for the rural workforce housing iniative will submit to committee hearing this bill. TF - will we go to testify? TT - will make sure someone is there.
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5.g. Resolution Number 7227 authorizing the Mayor and City Administrator to execute a residential lease for 1908 Lincoln Street.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT _ purchased 1908 lincoln, currently out for rent, instead of waiting until find tenant, approve generic lease. TT & Mayor can sign. would rather not have tenant have to wait 2 weeks for approval. number of applicants, nothing approved at this time.
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6. ORDINANCES
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
familiarize add boats/watercraft, increase penalties $150-$200; _________
Mitch Menke, 210 Granville Avenue, how soon city can go back if not taken care of stated can go back 3 days back to back. will city work with citizens? IF they work 12 hour, hospital, Mayor - first want to work with citizens before implementing fines, standard practice today. Mitch if get visit, will take time, how lenient will they be. TR - frequency, rarely gets to court, usually get property cleaned up prior to fines. Mitch police wont issue citation, will they get letter, process? TR - code enforcement officer will treat like nuisance. educate employees to report, which employees, all, public, etc. TR - all of the above Mitch - trailer/vehilce TR - where parked, where prohibited pursuant to zoning code vary similar. got called about camper, TR _ if traffic violation. |
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6.a. Ordinance Number 24-2, third and final reading, amending Article XVII of the Beatrice City Code regarding abandoned and junked vehicles.
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6.b. Ordinance repealing Section 9-38 of the Beatrice City Code regarding school fire drills.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - section 9-38 number of years 1971 recodified. nothing since 1971, fire chief responsibility fire drill 1 time per month. not done by last 3 chiefs, school has their own rules, remove from books & get cleaned up.
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6.c. Ordinance amending Section 5-6 of the Beatrice City Code regarding the keeping of fowl.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
proposal fowl - birds, chickens, ducks, no more than 6 at family residence, no duplex, covered enclosure, no roosters, effective july 1st, have until 7/1 to come into compliance.
Ted - will effect alot of people, many have chickens at homes. asking them to pay attention. Fralin- agree, just had junked vehicles & only 1 person appeared 1 time. Gary - if you don't start on something Duane & Gary got called on chicken runs, have rights, researched & looked at other communities & what they do. its a compromise. the issue he went to had 30 broilers, after rain smelled. Kerr- fines? TT - general ordinance, up to max of $500 Mayor - first avenue of conversation, right place to start & give them opportunity to walk through. |
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6.d. Ordinance amending Section 9-130 of the Beatrice City Code regarding when the sale and discharge of permissible fireworks are permitted within the City.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
Mayor - remind doing 3 times, certainly understand lot of issues on both sides, compromise that said, some may want to amendment, can put in amendment in next mtg, to allow to ensure exactly what you want
TT - 6/28 to 7/5, proposal 6/29 to 7/4. shortens by 2 days. selling & discharge Gary - kicked around a lot, some may want wording changed, at this time, ask that pass in form written now, then TT & TR can look to amend later on down the road. McLain - last time voted down, ordinance stayed as is, need to pass as is & get to the stage to amend if needed. Ted - used to have for 1 day, changed to 1-4th, then changed to 7 days, now changing to 6, from 1 to 6 isn't comprmise. personally would like to see 1-4, no problem with people selling fireworks, have problem with discharge, take back to 6 days back where we are today, ppl were caught off guard with extended days. only people complaining are unhappy, those reaching the boiling point & not happy, assuming they are tolerating it. do intend to reduce to just 1st to 4th. not apposed to selling, opposed to discharge. Fralin - will vote yes tonight to get to next stage, business man invested $ in selling, shouldnt' be taking money out of local business pocket. wasn't lot of support for or against, part of job to bring stuff up. will talk with council, don't care about discharge, care about days of selling Kerr- vote tonight, waiting for amendments coming through, asking Ted - with amendment, will you add sell Ruh, 1st through 4th. talking about weekend, this year thought about having a weekend, this year & next 5 years will be weekend days until you wont have weekend day. no problem to sell prior to 1st, will go to other towns to buy, look at having set time every day instead of having varied times.voting to extend Doyle - committee has reviewed multiple times, 4 ppl discussed and recommending. feel this is a compromise, need to see all amendments before voting, but needs to move foward Dana Hydo, 208 Sherman Street, everyone was caught off guard last time, think if taken over 3 meetings, think public would have spoken out. compromise is 4 days. would like 1 or 2. don't care how many days people sell, as long as not discharging, as long as PD will issue citations. people do care about fireworks, don't want to hurt business, but there are rules in place. Mitch Menke, 210 Granville Avenue, 4th of July 2nd Christmas, also understanding pets, people with noises, unfortunately people will break laws. fireworks consumable item, if decide to restrict discharge of dates, also restricting amount to be consumed in those 4 days, also effects sales. something to consider business owners dumping in thousands into their business, get compromise talks, 5th wipe out, would like 28th but think 29th is ok, if discharge & selling. Rita Hydo, 208 Sherman Street, found ironic feel bad about sounds & smells of chickens but not smells & sounds of fireworks. When thought about bars not selling liquor longer, did they think of those impacts of those sales, they sacrifced. have recording inside house with fireworks, loud enough to not talk over. like fireworks, like neighbors, agree with Dana, 1-4 is nice compromise, sell all eayr long, but discharge 1-4 chris cullison, 1725 Ella STreet, want to talk about bars selling alcohol, can sell 365 days a year, has limited time to sell. stake his claim in Beatrice, grow business to employ more than just him & family. 365 days in a year, give 7 days to shoot off, not being able to discharge, can buy in Missouri, tons shooting off NYE, invested in tent to grow, a lot of peoples Christmas, kids & adults people by $2000 at a shot & see daily. Margaret Haith, 104 Granville, didn't know about until heard on radio, last fall out & about town, found some areas had no issues with them, others had alot of issues. belvedere 1 block away had a couple neighbors on June 28 - would go until 1230-1 in the am, daily except for 5th. left in street the next day. some will abuse regardless. most would like 1-4 like it was, think its enough 8 was too much. don't care how long they sell, even 6 days would be alot. Fralin- appreciate coming up here. heard times during year going off, sure she hears those also, I don't call police when that happens, what is the resolution to solve issue. how does limiting the number of days shoot off help, because they are shooting off through year, come with some resolution to talk through & figure out what is good for everyone. MH - issue is when you have multiple people shooting off, only during 4th, not continual from dark to midnight, it at least ends. emily 308 South 22nd Street, firework & Military family, understand they don't like noise of fireworks. talked family member down from flashback of war, even though he had a moment taking him back to a bad place, loves what fireworks mean, its our freedom & is first to be out in depth of all lighting off fireworks celebrating. has daughter in 8th grade, fundraiser for her self to DC, fireworks extended to sell, were able to raise all funds needed to get entire trip paid for. uncle Chris have put out numerous fundraisers, track, other organizations raise money to support their fundraising needs, agree a compromise 5th was a bad day, 4th was horrible. if not for 5th, wouldnt' have had their own. could come up with comprise for discharge, selling who cares, his business is bringing your town taxes in turn increasing revenue in City. hope will listen to what public has said & will have conversations with owners & make so he is also able to make money Chris - after thought, compromise will be educating public about what laws are. found conflicting information, they try to do that, other part is enforcement, if doing it at 1:00 boils down to enforcement, neighbors need to call in. dont' let rotten apple spoil fun for everyone. Gary - Dave anything to weigh in on Dave - discussed compromise is important, more than just Chris involved in sales, large amount of organizations that sell & sell alot. always going have those who want less, those who want less. State law allows June 25 to July 4. part of reason recommend 29th to 4th is contrary to comments, 6th day is something we can live with, nice rotation of weekend days. shooting only until 10 during 29-3rd, kearney sold for 30 years, have had same rules for 30 years, they do 6, 10 town stops, understand how it works.3&4 have right to sell until midnight. compromise i believe 6 is the way to go. several phone calls on both sides, always going to have not everyone happy. believe if can live with, enforce what you can, don't care how long they sell, they are going to discharge as soon as they buy, shoot when buy, foolish thought to expect consumers not to shoot until legal days. not sure how 5th came in to play, TEd - voted for it, eskra not on council???? 6 is way better than 10 & decent compromise from 2. DOyle - 3rd & 4th shooting & sell until midnight. Chris - agree with estra, if can sell 7 days & shoot 6 days nice compromise, having a full weekend is helpful, people going to lakes, out of town, etc., stopped at our stand & bought from us before going out of town. Fralin - sell in wymore? 8 days Eskra - Lincoln for longest was 2, every other place Cortland, Hickman, cater to Lincoln. wont Gary - on council when passed last councilman wish you would revisit, out of respect doesn't do any good committees because Mayor let us. respecting committees to make decision to revisit again, but thank everyone for coming Rita - when do we contact? send this week Mayor - done better job when considering items public will be listening 3 times for public input. Ruh - how long 1-4? 20+ Kerr - if you have issue, do you know who your councilman is important to know, contact one of council Emily - make suggestion Mayor - thank you for well thought out discussion. Gary will meet before next council meeting |
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6.e. Ordinance authorizing an amendment to the 2021 Water SRF Loan Agreement between the City and the Nebraska Department of Environment and Energy (NDEE), as recommended by the Board of Public Works.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - at last mtg change order came through, State willing to increase $1 mill, interest .07%, 30 year loan,
Doyle - ask if we could get more? TT - asked, not an option |
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7. PUBLIC FORUM
Discussion:
Mitch Menke, 210 Granville Avenue, when on agenda for write off of ambulance bad debts. not on there?
water craft/cars is there a definition who decides that the watercraft is unrepairable? |
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8. DISCUSSIONS/REPORTS - None
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9. MISCELLANEOUS
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9.a. The next regular City Council meeting is TUESDAY, February 20, 2024 at 7:00 p.m. in the BPS Administration Building Board Room.
Action(s):
No Action(s) have been added to this Agenda Item.
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