October 2, 2023 at 7:00 PM - Beatrice Regular City Council Meeting
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1. ROLL CALL
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2. PROCLAMATION - Support Citizens with Intellectual Disabilities Week, October 5-8, 2023
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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 September 18, 2023, as on file in the City Clerk's Office.
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3.e. Approval of minutes of special meeting on September 29, 2023, as on file in the City Clerk’s Office.
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3.f. Award bid for the Curb & Sidewalk Improvements, Court Street, from 10th to 13th Street – 2023 project to DAX Construction, Inc., in the amount of $253,210.29, as recommended by the Board of Public Works.
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3.g. Approval of Manager Application for Julie Erdkamp, License #B-97463, in connection with Farmers Cooperative, dba, Farmers Cooperative, 1615 North 6th Street, Beatrice, Nebraska.
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3.h. Approval for a new keno sales satellite application for 10 Pinz Fun Center, LLC, dba 10 Pinz Fun Center, 2223 Court Street, Beatrice, Nebraska.
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3.i. Refer claim of Dawn Edgerton regarding damages to her personal property to City Attorney and City Insurance carrier for review and disposition.
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3.j. Resolution Number 7132 entering into a farm lease with Jared Bauman for farming purposes.
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3.k. Resolution Number 7133 executing the Supplemental Project Program Agreement No. 1 between the City and the Nebraska Department of Transportation (NDOT) setting out modifications and/or additional duties and/or funding responsibilities for the Beatrice Homestead Trail Phase I, Project Number: TAP-FLTP-34(44), Control Number: 13488.
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3.l. Resolution Number 7134 granting permission to Bobbie Cramer to sell or offer for sale or peddle goods, wares, or merchandise at the Bandstand in Nichols Park on October 14, 2023 for the partial eclipse.
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 on the proposed One and Six Year Road and Street Plan for 2024.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
JB - money allocated through lane miles, number of streets wtihin city. formula determines how much city receives. $900,000. no rates/fees to make improvements. have to have plan showing where $ is going to. covers next six years of street projects. can add/remove projects to fit in budget. can be modified. Years 1 & 2 important, as they coniside with biennial budget. cost estimates on rest of years, to have $ amounts for future years & keep eye on roadway
year 1 - complete concrete reconstruction; Jason does patch work, not included. asphalt - m&o, also has maintenance work - asphalt rejuvenation, asphalt sealing , armor coating. ella street, 2nd to 3rd - 8" reconstruction project new ADA ramps, parking stalls, looked at starting 6th, have ot work uphill due to stormwater improvements needed to be updated. concept will accommodate both decision of either one way or two way. Kerr - why not back to brick? JB - cost, vision of where street is. Kerr - don't understand why. JB - historical funds had to go back to brick for those funds. $486,000 lincoln, fill in portion, 25th to new school. $1.1 mill or Hwy 136 design. council to determine which project to move forward with. 33rd & Lincoln - JEO estimate ARmor coating $70,000; asphalt sealing $75,000 Kerr - projects for road in front of school, near $5 million. How much is school paying? TT - not sure how much. have agreement, they are contributing. FY24 $5.8 million; budget $5.7 - matched budget that was apprvoed year 2 - M&O project grant, 14th to 16th, $136,000 paddock, wiebe - deteriorated & can't be saved. switched to 3" mill & overlay, 2" does not hold up as well. Fairbanks - traffic counts? how do you determine? JB - state does traffic counts, due for another one, last done in 2016. take in account how much traffic, but use 3 methods rating takes % off, program streetlogix rating, compare ratings, not tried & true all the time. visual inspection also. Jason - was on last year & got pulled. conditionwise, one of worst roads. time to do some of these smaller projects. Fairbanks - gap & extend? does that throw JB - gap adjacent pay for homeowner, have to pay upfront & intersection, have to have $ in hand, JM - gravel streets out there ripe for being finished. year 2 FY25 $75,000 AC, $74,000 AS, $11,600 ARejuv. Total $476,000 little over budget but can pull projects off & depending on where bids end. highlights - year 3 brown - 7th street reconstruction behind mcdonalds, very bad condition. Lincoln Street, first installment, broke up in sections 5th to 8th, including intersection. JEO $1.7 mill to earmark funding to update lincoln. Marlborough scored low, M&O, 10th, Court to Scott - broke up in sections. $2.4 million year 4 - hwy 136 relocation wanted to account for. broke up in 2 sections. $5 mill 1st to 5th Street, next Lincoln 8th to 11th $1.6 mill; final section 10th Scott to Holbrook - $6.9 mill year 5 - hwy 136 relocation 5th to 9th, $5 mill; Lincoln, 11th to 14th $1.4 mill; market - time for m&o, no need to redo ADA ramps since done last time. Kerr - started 136 relocation $5 mill each year year 3, 4 & 6. year 5 $6.9 mill year 6 - court street corridor $5 mill; Lincoln 14th to 19th? Perkins?? M&O $6 mill future projects - past 2029. $18 mill. jm - these can be moved up if needed. TT - also if funding becomes available. Barnard - Jackson 11th to 13th, cracked all over, what would have caused that? JM - possibly with construction some started when brand new, salt sits in, tearing down hospital with. JB - ASR during that time common with ASR issues, Fralin - what would it take to take dirt road & switch to concrete, curb & gutter. JB - $200,000 starting brand new. 1 block $200-250,000. please clarify we do not have final plans with roundabouts. JB - nothing finalized. Doyle - if put in city street, do we still access? TT- 7 to 10 years typically, have not had many that were assessed back to public. JB - anyone can have 51% agreement, Paving Assessment District. |
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5. RESOLUTIONS
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5.a. Resolution Number 7135 adopting the One and Six Year Road and Street Plan for 2024.
Action(s):
No Action(s) have been added to this Agenda Item.
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5.b. Resolution Number 7136 executing the Service Agreement with Merchant McIntyre Associates (MM) for the purpose of finding and applying for competitive and discretionary grants on behalf of the City.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - discussed at last meeting, help with federal grants & funding for projects tongiht. 3 month contract $8000, $24,000 come back with assessment. last meeting questions: write grants for additional fee; ___________; would grant $8000 for remaining 8 months
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5.c. Resolution Number 7137 rejecting the Rural Workforce Housing Land and Development Program grant awarded to the City for the purpose of acquiring real estate for the development of rural workforce housing.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - grant for kensington bldg, city purchase from MS, received grant from State, since funding from ARPA, stipulations - cannot sell the building, have to pay back & can't rehabilite or have to pay back. turn grant back, will work with unicameral to figure out if we can find another solution. McLain - think they will help us? TT - think they will, everyone thinks their project is most important, will have to work thru
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5.d. Resolution Number 7138 executing the First Amendment to the Grant Agreement between the City and Main Street and to increase the maximum cap for reimbursement for Main Street’s expenses.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
grant aplication amendment - extends closing date to June 2024, after legislature session. also increases MS reimbursed from $50-60,000, attorney review, draft docs, insuring not jeopardizing 501c3. MS may submit by October 15 for money expended so far, will reimburse within 30 days & settle up in october. Kerr - why additional $10,000?? TT - additional tax year, additional items coming through. TT - reimbursement, wont pay unless paid. TF - not asking for the money, we are asking them to do for us. Kerr - fund them, TF - partial KErr - 90%
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5.e. Resolution Number 7139 executing the First Amendment to the Real Estate Purchase Agreement between the City and Main Street, to extend the Closing date, and to increase the maximum cap for reimbursement for Main Street’s expenses.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
real estate agreement - same stuff, differnet amendment
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5.f. Resolution Number 7140 executing the Sponsorship Agreement with Pinnacle Bank as a sponsor of Hannibal Park.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - approved contract with sportsman solutions. working with # of businesses. Pinnacle Bank name sponsor $200,000 over 10 years. Hannibal Park powered by Pinnacle Bank
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5.g. Resolution Number 7141 executing the Sponsorship Agreement with Runza for Hannibal Park.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
very similar - 2 scoreboards, $9,000 over 3 years. great to have another corporate sponsor. will bring next round at next meeting. Doyle - issues? TT - good to work with. McLain - didnt' waste any time. Eskra - retainage? 30%??
Mayor - not have to increase taxes for parks, etc., great |
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6. ORDINANCES
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
Mayor - no more input since last time discussed.
JCF, 702 South ___, hard job to do ordinances, balance out protection of city & property owners rights. ord to put in flagarently 17-186 subsection d. within 5 calendar days, if owner has not requested appeal, city or designee, has right to enter property to abate, can also cause criminal or civil to be filed. current standard, after notice, let county court to remove or abate nuisance. unsightly ______________, or so unsightly to depreciate value. non conclusive, left up to discretion of city code enforcement. sign for 5 days, then come on property. have right to have warrant to come on. don't see how process in place now. believe this is overreach by government. not put here to take away rights. understand need for nuisance properties, they have a right to have things done a proper way. why not keep ordinance how it is? TR - 4th amendment does away, plain sight, may be interpretive ordinance as is today & modified & upheld in courts. very standard things & does not run against court JCF - TR - state statute allow us to abate those nuisances. One by state law, this is standard procedure. JCF - in the manner provided by law - TR - gives broad to allow us not to go with litigation. plenty of time & never been issue of them not being City does have interest in not allowing property owner to run property down. follow standard search & seasure. backed up by case law. if real issue, take up with state legislature. JCF - believe in statutory Barnard - respect right to tell us this. committee has gone through with attorney & city administrator, came up with best plan we can, rely on city attorney, administrator, mayor. think done best we can do & time to vote on it. TR - invite JCF to come in & will discuss . |
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6.a. Ordinance Number 23-24, second reading, amending Sections 17-181 through 17-187, inclusive; amending Division 2 of Article VIII, Chapter 17; amending Sections 17-201 through 17-205, inclusive; repealing Division 3 of Article VIII, Chapter 17, including Sections 17-206 through 17-209, inclusive, of the Beatrice City Code relating to nuisances.
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6.b. 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:
TT - current discharge 6/28 to 7/5, hours, 10:00 pm, weekend to midnight. limit to 6/29 to 7/4, shorten up 2 days, 10pm except 3 & 4, which go to midnight. Gary - worked through this a couple times. consensus some wanted to go on for 8 days, 6 days open for discussion. more enforceable, not past the 5th. Ruh - what was it previously? 7/1-7/4. Ruh - why was it changed? TT - request from some in community to extend sale & discharge. Ruh - how long? TT - forever, Ruh - no complaint to several?? TT - unsure of number.
fralin - 6 people spoke. took months to get on. now trying to amend it again. Christmas shopping, several different times celbrating. ridiculous to change it. not sure how 7/5 was allowed. rest of it not happy. Fairbanks - no vote, voted against changing 1 year ago. revisited. had 1 person glad it was extended. take 1 day off, will revisit, same number of complaints. over 30 complaints against this item. lots of unhappy people. think timeframe needs to be shortened. go back to 3 days & time capped at 10pm every day. COB rights tickets for violation when get complaint, would have liked that they don't have to wait for a complaint, if someone firing off, we could allow them to go to their address & write a ticket. had one person say would have called, but issue is when PD drives to door, don't want to make issue. until reduced back to 3 days, PD writes tickets after 10pm without being called, will be a no. Kerr - no, reduced down. other holidays fine, but this holiday has booms & bangs go along with this holiday, not others. Mayor - if going to vote no, will leave as is now Fralin - can't recall giving ticket during 4th of JUly, cant expect them to run there. Eskra - both ends of spectrum on Council & in audience, some want 0, some want 2, some want 10. looked at 5th was wrong, no one does that. compromise that came into draft was to shorten it some, 7 to 6, & make sure 1 & 2 are 10pm stop. understand Tim & understand Ted. if vote down now, lose out on good compromise for all involved. as council fight over until finding a compromise, which is what is in front Chris Cullsion, 1725 ________, requesting to allow business to continue to thrive. gave city 20% more tax. looking at growing to have building & warehouse. fireworks either love or hate. Several thanked for extending cuz they were going out of town & were able to buy local. why it was a disaster, night of 4th there was a storm. believe they shot off 5th . had several coming while it was raining on 4th. doing what they can to make safe & stay within city ordiance. if breaking law, PD should intervene. request nix the 5th & leave rest of days as it was. shutting off at 10, doesn't get dark until then & that is when professional shows are started Paul Fanning, strange bed fellows, have been long proponent of liberties, dont' want to penalize business owners, that said, wish would consider. every year after 4th find litter for days, streets, sidewalks, mess that should be cleaned up. dogs are issue, many in that situation, not going ot please everyone. concern of lengthening has to do with veterans, not military veteran. work closely with routinely go out of town to be at peace & not listen to fireworks. combat zones, risk lives, they are the reason, for their sake, strongly ____, discharge but do we need to have drug out discharged for days. City of Lincoln only allows 3 & 4th. more than enough. going to have as many opinions as people in room, reconsider for veterans. chris collision - have stand in Lincoln week to 10 days. Hickman - may set law for shorter discharge, have customers coming to outside to buy, Lincoln citizens shoot off more than just 3 & 4 Margaret Haith - gets revenue, cant always be about money. people don't come, have to look at how many calls, emails. people talking to majority want it back 1-4, sufficient. still have fun but 8 days too many, 6 still too many. Doyle - so what is it now? Mayor - as is now, 8 days will go back to committee for further review |
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6.c. Ordinance establishing salaries and compensation for various City and Board of Public Works non-union employees.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - do annually. non-union 3% increase or COLA cost of living adjustment
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6.d. Ordinance establishing salaries and compensation for various City and Board of Public Works union employees.
Action(s):
No Action(s) have been added to this Agenda Item.
Discussion:
TT - salary for union. Police, Fire, IBEW. contract Fire 2.5%, IBEW 3% Police no raise was included in 5/2023
Fairbanks - PD next year; IBEW - 7? Fire 6? |
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7. PUBLIC FORUM
Discussion:
JCF - apologize didn't mean any ill_____
listen to these meetings & ask the mayor. master plan concept for 136 everyone shows up. routine nights no one shows up would like to say city council needs to take time to maybe come up with some community engagement ideas. city does good job with projects, blogs, maybe put use resource of Facebook to put information out to public. do away with suspending the rules except for routine items. community engagement & modification that business as usual is done. people have general consensus that council doesn't listen to them. instead of governing from top down, govern from people up. put ideas out to get people to come to the meetings. |
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8. DISCUSSIONS/REPORTS
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8.a. Main Street Quarterly Report.
Discussion:
Michael Sothan, Main Street Executive Director, thank for support over last 10 years. wrapped up fiscal year. 4 main areas: downtown property - Kensington huge part since March. hope city will be a big part of the building. $1 million very appreciated & hope this can be brought forward. undersold ownership changes & improvemetns. jan -aug 34 improvement projects. $2.5 mill invested in downtown investments. 10 of 20 visits with property owners. many are property owners as well. very view owner occupied. unique issues with current CDBG grant, with new changes on state end that have created some issues, still making progress
entrepreneurship - growth 18 small businesses started operation, lost 9, some have same name average small business do not make it 18 months. have been consistently beating those odds. 37 net gain of businesses in downtown area. slow & steady quality spaces are very few and far between pretty quick turnaround time. cronicaly vacant due to multiple. sifted sweets - expanded wicked good foods, clabaugh pharmacy, 40 0f 40 business visits. will show trends few concerns with internet speed, some garbage service, utility deposits, friendlier customer service. impressed with optimism planning to invest in the community with updating their businesses. working on trainings - dates listed help people plan for future marketing strategy - ups & downs, positive with creative districts, received unofficial results will be receiving first phase. 1 of 17 communities marketing campaign - starting to launch. thank city & chamber - received ______pandemic related funds through partnerships to obtain. conducted 40 visits, held workshops. had to reschedule, have been well received 4. flexibility aspects. funding request had more than funding. funded at $30,000 per year. equates 12-18%, will become even smaller. asking for $40,000 to renew agreement. dr. Jacob may, Main Street President, introduce new executive director Morgan Fox. love to have conversations with all. $30,000 has been important, hope to bring recommendation with morgan's input. Doyle - Michael & I so close this last year. has worked very hard & thank board for allowing him to spend time with downtown committee.welcome morgan. |
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9. MISCELLANEOUS
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9.a. The next regular City Council meeting is October 16, 2023 at 7:00 p.m. in the BPS Administration Building Board Room. There will be a work session on October 16, 2023 at 6:00 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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