May 6, 2024 at 7:00 PM - Beatrice Regular City Council Meeting
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1. PLEDGE OF ALLEGIANCE
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2. ROLL CALL
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3. MAYOR FOR A DAY - POSTPONED Until June 3, 2024
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4. Keep Beatrice Beautiful Introduction – Ashley Hawks, Executive Director - POSTPONED Until June 3, 2024
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5. PROCLAMATION - Public Service Recognition Week, May 6-10, 2024
Discussion:
Mayor - dedicated staff, Christmas Eve water leak, police/fire on 24/7, thank to City employees
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6. PROCLAMATION - Teacher Appreciation Week, May 6-10, 2024
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7. CONSENT AGENDA
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7.a. Approve agenda as submitted.
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7.b. Receive and place on file all notices pertaining to this meeting.
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7.c. Receive and place on file all materials having any bearing on this meeting.
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7.d. Approval of minutes of regular meeting on April 15, 2024, as on file in the City Clerk's Office.
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7.e. Approval of Treasurer's Report of Claims in the amount of $457,277.99.
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7.f. Approval of BASWA Report of Claims in the amount of $30,990.04.
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7.g. Approval of public funding request from Beatrice Noon Kiwanis Club in the amount of $1,090.00 for the Annual MUDECAS Basketball Tournament event.
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7.h. Resolution Number 7286 approving a request from the Beatrice Area Chamber of Commerce to close Highway 136, which is also known as Court Street, from 3rd Street to 19th Street, on Saturday, June 22, 2024, between 8:00 a.m. until 12:30 p.m. for the Homestead Days Parade.
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7.i. Resolution Number 7287 granting the Beatrice Area Chamber of Commerce and their designees, permission to sell or offer for sale or peddle goods, wares, or merchandise upon the City Property located in Charles Park, 5th Street, between High Street and Ella Street, the alley to the south and the parking lot near the Carnegie Building, 4th Street, between Court Street and High Street, Beatrice Water Park, and Chautauqua Park, as part of the annual Homestead Days event on the dates of June 19, 2024 through June 23, 2024.
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7.j. Resolution Number 7288 granting permission to Main Street Beatrice, and their designees, permission to serve alcoholic beverages and to sell or offer for sale or peddle goods, wares, or merchandise upon the City Property located in Charles Park and the Carnegie Building, on Saturday, June 1, 2024, from 2:00 p.m. to 8:00 p.m., and the City Auditorium as a backup location as part of their Taste of Spring fundraiser.
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7.k. Resolution Number 7289 adopting the City of Beatrice Handbook for Non-Union Employees.
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7.l. Resolution Number 7290 granting permission to Beatrice Humane Society, and their designees, permission to sell or offer for sale or peddle goods, wares, or merchandise upon the City Property located at the Big Blue Dog Park on Sunday, June 23, 2024, from 11:00 a.m. to 3:00 p.m., as part of their Low Cost Spay and Neuter Clinic fundraiser event.
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7.m. Resolution Number 7291 executing the Agreement with Motorola Solutions, Inc., for Motorola to provide Cloud Software to the City for automatic uploads of videos from patrol car cameras used by the Beatrice Police Department.
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7.n. Resolution Number 7292 executing the Fixed-Based Aerial Applicator’s Agreement with Heinen Brothers Agra Service, Inc., for the purposes of conducting aerial applicator or crop spraying services on the Beatrice Municipal Airport’s airfield.
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7.o. Resolution Number 7293 executing the Operator’s Lease and Services Agreement with Heinen Brothers Agra Service, Inc., for the purposes of conducting aeronautical services on the Beatrice Municipal Airport’s airfield.
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7.p. Resolution Number 7294 executing the Quitclaim Deed between the City and Nathan M. Mills to convey 1603 Market Street to Mills as part of the Mow-to-Own Program.
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7.q. Resolution Number 7295 adopting the City of Beatrice Equal Employment Opportunity Policy.
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7.r. Resolution Number 7296 executing the Second Amendment to the Agreement with AEP Energy Partners, Inc. to add a new Day Ahead Price Sensitive Bid process to accommodate a new retail load for Radiant Tech, LLC, d/b/a Value Hash, as recommended by the Board of Public Works.
Action(s):
No Action(s) have been added to this Agenda Item.
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8. PUBLIC HEARINGS/BIDS
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8.a. Public Hearing for the purpose of considering the rezoning of Parcel No. 005039000, commonly known as 2876 West Belvedere Road, and that portion thereof now platted as Lot One (1), DeBoer’s Addition, Gage County, Nebraska, from “AG” Agricultural District to “R-2” Single-Family Residential District. POSTPONED until further notice.
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8.b. Public Hearing for the purpose of considering the application of B & G Hospitality, LLC, dba, Holiday Inn Express Beatrice, 4005 North 6th Street, Beatrice, Nebraska for a Class I liquor license.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
Chet & Jay, under oath,
Chet - p&z investigation, no issues with area located, no ill effects with allowing the liq license Jay - background on LLC members no issues to prohibit, however, on manager applicant has located some arrest: 9/18/2009 in CA; 3/24/2010 2nd offense DUI in NV; ____ felony DUI in NV, arrest on 3/4/2024 aggregated 3rd DUI still pending in Beatrice. Only arrest in 2015?? Deposition was resolved - was convicted. Felony here in Beatrice still pending. Mayor - felony? Jay - yes, based on limit of alcohol. Terry - 2nd not filled out correctly, will vote against. Ted - felony can you hold liq license? TT & TR unknown. GB - felony now? Jay yes not convicted at this time. |
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8.c. Public Hearing concerning the existing Community Development Block Grant (CDBG) through the Nebraska Department of Economic Development Grant, Agreement No. 21-DTR-004.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - downtown revitalization grant, in process of wrapping up. required to have 2 public hearings. first in beginning. all construction is complete, working on getting all paperwork in for reimbursements. extended deadline to ________, have 3 individuals who have not received $, have 5 others who ___________. for 2021. Terry - lots of work done by staff & committee & has made a big difference.
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9. RESOLUTIONS
Discussion:
TR - under NE state law convicted of felony prevented from having a liq license.
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9.a. Resolution Number 7297 setting a public hearing date for the proposed annexation of Gage County Parcel No. 004240000, and Gage County Parcel No. 004241200 now platted as Lot Two (2) Haner Subdivision, Gage County, Nebraska, owned by the Beatrice Cemetery Association.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
when annexing, first step to pass resolution to set public hearing, read ordinances at 3 separate meetings, wrap up june. have answered questions of cemetery. Ruh - why? TT - issue with 33rd, 1/2 in CIty, other county easement, cleans up. already developed as much as can, provide utilities, had questions then & answered questions. TT - just the cemetery property, not the house.
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9.b. Resolution Number 7298 setting a public hearing date for the proposed annexation of Gage County Parcel No. 005039000, commonly known as 2876 West Belvedere Road, and that portion thereof now platted as Lot One (1), DeBoer’s Addition, Gage County, Nebraska, property owned by Jay DeBoer.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
located south sumner & belvedere. vacated some ground, sold to deboer trust, replanted one parcel, part in part out, will move forward to annex both parcels instead of having 1/2 in 1/2 out.
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9.c. Resolution Number 7299 executing any and all documents necessary to effectuate the extension of term of the Grant Agreement No. #21-HO-36035 with the Nebraska Department of Economic Development (NDED) to February 17, 2025.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
OOR received $435,00 to help. SENDD asked that we extend, working through verifying all applications received & line up work?
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9.d. Resolution Number 7300 declaring the City’s official intent under the Internal Revenue Code of 1986, as amended, to reimburse certain capital expenditures from the proceeds of tax-exempt or tax-favored debt obligations.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
COmmonly referred to reimbursement, issuing public safety debt to purchase today, police cruiser, fire dept doesnt' come in until later next year. line up to issue PSD & purchase fire
TD - complete control of when we issue bonds? T T-yes TT - only hang up is when fire equipment will be here - budgeted for $850,000. 1993 version. |
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9.e. Resolution Number 7301 executing the First Addendum to Agreement with Beatrice Public Schools (BPS) to clarify that any and all references to BPS in the Agreement shall also refer to the School District of the City of Beatrice.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
in agreement wtih BPS re 33rd & Lnk, refer to as School District #15, aka BPS, own some ground as School district of City of beatrice, clarifies that BPS is all these names.
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9.f. Resolution Number 7302 executing the Partial Assignment and Contract for Sale of Real Estate to assign to Hoppe & Son, LLC, all of City’s rights, title, and interest in the property commonly referred to as Stoddard Elementary School and to set forth the terms and conditions by which Stoddard will be assigned and conveyed to Hoppe.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
city has had conversations with hoppe, same as developing kensington. hoppe interested in redeveloping into senior housing. city retain land south of ames, and 10 ft south of Scott street. Hoppe - contingent if they get the same funding. Excel Development, no issues with low income housing, same should know by December 31,2024 & we will proceed with our development. McLain - great opportunity. win win Ted - retaining ownership? will be sold? TT - believe will retain, but not 100% sure, most likely lease them out. Mayor - have done in other communities & have done well.
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9.g. Resolution Number 7303 entering into an Interlocal Cooperation Act Agreement, between the City of Beatrice, the County of Gage, and Gage Area Growth Enterprise (NGage), whereby City and County will reimburse NGage for certain expenditures made by NGage as authorized by Neb. Rev. Stat. § 13-315 (Reissue 2012).
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
funding agreement with NGage, 3 year term, up in June. proposing to renew, similar to last agreement. calls for city/county partnering, contributing up to $150,000 annually. look to see what is eligible for reimbursement. look to continue the partnership. Terry - hope CC has tried to enhance NGage & CIty communication. good group, feel good about where things are going. if you want more please let Terry know. Mayor, TT & him. if anything else, let them know.
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10. ORDINANCES
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10.a. Ordinance repealing the following sections of the Beatrice City Code: Section 16-81 regarding play streets; Section 16-82 regarding the operation of vehicles on play streets; Section 16-328 regarding the citizen handicapped parking patrol officer; and Section 24-30 regarding the penalty for the late payment of occupation taxes levied on coin-operated amusement devises.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
code committee looked through & recommend removing. play streets, have had some from 1970s to declare streets be play streets, request barricades & close streets. used to have volunteer to issue handicapped parking citations, had volunteer on behalf of city, not best idea, recommend removing. removed all Occ Tax, missed, no Occ Tax, no late penalty.
GB - still finding some codes that need to be remvoed. takes time, could be full time for all on code committee. plugging away |
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11. PUBLIC FORUM
Discussion:
Robert Bednar, 1520 Ashland Avenue, neighbor issue. loop hole in zoning ordinances, like to consider changing residential zoning. neighbor running engine business out of shop. complained to PD, disturbing peace, officer states he is issue, filed complaint with PD, he is not problem. people have right to enjoy prpooerty. noise polution. consider in ordinance "small, non-polluting business" PD not willing to take action. possible solution, running business out of house, this neighbor out of shop, many residential "non-polluting" nothing to protect his rights.
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12. DISCUSSIONS/REPORTS
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12.a. Award of bid for the Beatrice 33rd and Lincoln project to Constructors, Inc., in the amount of $2,330,787.48, as recommended by the Board of Public Works.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
90% plans, stamped plans not much different. Lincoln street will have center turn lane, tapered back to 2 around 27th circle, looked at alternatives number of power poles, etc., best plan with all. will stop 1st entrance, south side right turn lane into school property. line is stormsewer, will be curb & gutter, city street, ditch removed, stormsewer, next exit only, next entrance to preschool area. Ruh -will there be a sign on exit only? T - not the plan at this time. Mayor - dotted line construction ROW line, limits of construction TT - most notably stay in our ROW Roundabout, slide to west & south to minimize impact on property owners. temp cost easements, egress was able to fit within ROW. Ted - paved portion of 33rd & Lnk, will that be dug up? TT - yes tear out, turn into grass, city will retain ownership of ROW. Ted - on LNk think is brick. Terry - sidewalks stopping to west of Christ Comm? TT - start at Church, connect to trail. School will have internal sidewalks. do not want kids walking along road, Ruh - roundabout similar to saltillo road onto 77? TT - that was what JEO referred us to. colors, etc., Ruh - nice looking roundabout. TT north of entrance into cemetery, taper down, 33rd pulled to the west to avoid impacting property owners. first entrance both in/out to school. see how much further west it is from today. no ROW acquired, only needed 5 ft easement from Cemetery, may need to drive around it during construction. all except 1 easement has been acquired. 7 bids were received. neg estimate $3.4 million, will be done in 3 phases.$4.3 included engineering, etc. phase 1 chrsit comm church to end of Lnk, not roundabout. will take 3 months to complete. 33rd including roundabout, 4 months, phase 3, Christ church to end 2 month pro. Constructors believe they can start in June. hae been in contact with school to walk through with them. next steps to approve, joe will get contracts sign, then another contract with JEO for construction oversight. if all goes as plan, start in june. Mayo r- James will be watching over as well, if we get to Nov-Dec 1st, want to have all done before mother nature hits. TT - can't have open phase when entering into weather. if see winter coming, button up.
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13. EXECUTIVE SESSION - Personnel
Action(s):
No Action(s) have been added to this Agenda Item.
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14. MISCELLANEOUS
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14.a. The next regular City Council meeting is May 20, 2024 at 7:00 p.m. in the BPS Administration Building Board Room.
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