June 20 2023 City Council Minutes
Yutan City Council
Tuesday, June 20, 2023
7:00 p.m. Yutan City Hall
EXTRACT FROM MINUTES OF A REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF YUTAN, IN THE COUNTY OF SAUNDERS, STATE OF NEBRASKA HELD AT THE CITY OFFICE IN SAID CITY ON THE 20th DAY OF JUNE 2023, AT 7:00 p.m.
Notice of the meeting was given in advance thereof by posting notice, a designated method for giving notice, as shown by the Affidavit of Publication and Certificate of Posting Notice attached to these minutes. Notice of this meeting was given to Mayor Kelly and all members of the Yutan City Council, and a copy of their acknowledgment of receipt of the notice and the agenda is attached to these minutes. All proceedings hereafter shown were taken while the convened meeting was open to the attendance of the public.
The meeting was called to order at 7:00 p.m. by Mayor Kelly. Councilmembers Schimenti, and Peterson were present. Councilmember Thompson was absent. Mayor Kelly informed all the individuals present of the location of the Open Meetings Act and Code of Conduct. The meeting was opened with the Pledge of Allegiance.
- Consent Agenda
- Approve Minutes of May 16, 2023, Regular Meeting
- Treasurer's Report
- Claims - All Star Plumbing $305.00, ARCS LLC $8328.57, Be Seen Signs $74.00, Brom Lindahl Freeman-Caddy & Lausterer $840.00, Canon $405.05, Capital Business Systems Inc. $134.75, Cardmember Service $1735.10, CleanUp Containers $2695.00, Cubby’s $488.35, Culligan $74.75, Data Shield $56.00, Eakes $13073.55, ECS Technology Services $287.80, Vicki Engel $270.00, First State Bank $1058.36, Fontenelle Forest $300.00, Fremont Electric, Inc $236.88, Frontier $430.00, Grass Pad Warehouse $1143.25, Hydro Excavation National Service $1260.00, Hydro Optimization $ Automation Solutions INC $652.78, IBTS $150.00, ID Label $167.50, JEO Consulting Group $9522.50, Jen Josoff $150.00, JustinCase Enterprises, LLC $125.00, Konecky Oil Company $99.31, Lowes $688.57, Marking Refrigeration INC $165.00, Menards $777.58, Metropolitan Utilities District $ 106.25, Nebraska Rural Water Association $105.00, Odeys $ 721.75, OPPD $4524.01, Public Health Environmental Lab $30.00, RoadRunner Transportation LLC $322.50, Southeast Library System $12.50, TASC $932.00, Thompson Construction Inc $6937.80, Time Management Systems $130.50, Trede Electical and Lighting $1248.82, The Lincoln National Life Insurance Company $430.80, TMUSA Window Film Company $1139.55, Tys Outdoor Power & Service $266.99, Uline $390.98, US Cellular $182.26, Valley Corp $56.69, Laurie Van Ackeren $39.30, Wahoo Newspaper $82.99, Wahoo-Waverly-Ashland Newspapers $348.44, Wilke Plumbing $2263.35, Workman HVAC $142.50 Total w/o payroll $66110.13, Payroll $33084.04, Total w/payroll $99194.17
- A motion to Approve the consent agenda as presented was made by Chittenden and seconded by Peterson. Upon Roll call the vote was as follows YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
- Open Discussion from the Public
Terry Hancock - was expressing his concern for a noise barrier for the pickleball court between his house and the court. Councilmember Peterson also expressed her concern for the noise.
Will Smith - Concern for the intersection on second and vine and speeding.
Elizabeth Barney - Courtesy violation and what the issue was with her yard. She loves her dandelions, wanting to pursue foraging in the yard.
Justin Barney - Park is going forward and wants to know why there was not a survey about the park. Weed ordinance, who got them, why they got them. Thinks that there should be a newsletter sent out. Thinks his voice should be heard more and that he needs more written about him in the minutes. Counclimember Schimenti wants to know why Justin has not come to the board about his suggestions about the park. Schimenti also believes that we are not pigeonholing anyone, and that it would be difficult to survey the community on each decision. Mayor Kelly informed Mr. Barney that he wanted him to know that he does not tell Tim or CJ what to do as long as they are covering it City wide and not just picking certain homes. Kelly supports his staff.
Josh Thompson - Concession stand down at Hayes Ball Field. It’s been a whole generation since anything has been done to upgrade the concession stand. He is wanting to see if the City would help with the build and said they could possibly do it for 200,000. Would just like to see something done.
JC Long - Same thing as Josh Thompson, he supports the Hayes improvements.
- Presentations from Guests
- Bob and Carla Snyder
Caleb Snyder - Concerns about the grade next to their property and it is a safety concern for everyone to maintain it. Are approaching the council to find a compromise to help keep it maintained.
Bob Snyder - Brought a plat with what the original plan for the street and how it changed from the original layout of the street inline with Timbercrest, not into his property.
Councilmember Chittenden - Wants to see about a compromise for that slope and try to figure something out. Asked if they could maybe just give the flat top a couple of passes, and skip the steep part until a resolution is reached.
Carla Snyder - Wants to see if there is a low maintenance plant that could be planted.
City Administrator Heaton expresses that he has reached out to someone about a pollination planting in other ROW locations and maybe seeing about putting in a retaining wall and putting in some parking. Heaton will reach out to the City Engineer to see what can be done.
Mayor Kelly - Expressed that we are willing to figure something out and that we are working to figure things out.
- Resolutions
- Resolution 2023-1 Redevelopment Plan Amendment
TIF/CRA Attorney Andrew Willis - Presented the specific facts about the amendment and the developers plan. Consisting of 16 units of multifamily infield housing, geared towards workforce housing. Willis stated the public benefits of using TIF for this development and how the City could use it to help build the new road and other improvements in the blighted area. Willis also presented a cost benefit analysis of this project and what impacts it may have on the community and the schools. This property could be valued at 2.4 million dollars when completed rather than the 15,000 as it is now. Willis also explained to the council how this redevelopment fits into the comp plan and how the city needs more housing for growing jobs. Willis discussed that the schools are currently showing a slight decline and that these apartments should not have a major impact on the schools. Willis finished his presentation by stating that this project checks all the boxes, and that while the costs are estimated, the TIF would be a big benefit to the city.
CRA chairman JC Long stated that the CRA has used the funds already created from Sudbecks TIF to help build the splash pad and they will also be helping to pay for some of the new park. Letting the community know that the CRA would be taking out the loan and paying for the planning, and improvements to the area at no cost to the taxpayers.
Councilmember Chittden - Expressed how he doesn't know everything about TIF but also believes that this will be a benefit to the community and that it will not affect the schools.
City Administrator Heaton - Just wanted to clarify that the school did receive a certified letter about the TIF project and that we received a signed copy of the return certificate, as did every taxing entity in the area.
Councilmember Peterson expressed that she is not against it, but thinks that there should be a joint meeting. Also does not agree that there will only be 16 kids, thinks that there will be more kids about 3-4 per unit. That she had no idea that TIF was even happening, would like to see more than just the legal requirements in regard to postings and notices.
Mayor Kelly opened a public hearing at 7:52
Will Smith - Can see the benefit but also has a problem with the fact that we already rezoned this area, for this reason. Knows that he abstained and that he is not against it but also does not want to use TIF with Omaha being so close, feels that the development will come eventually without needing to TIF the project.
Kipp Cummins- inquired how the TIF and improvements would impact other property values on the street, Andrew Willis stated that this project should not impact property values. Mr. Cummins also asked about improvements to the water main as part of the project. Administrator Heaton stated that all infrastructure would be improved prior to the apartments and road going in.
Michelle Dalhouser-Smith - wanted to know what the fire department would lose and what the fire department would need to help pay for it. Maybe the City could post about the positives before the negatives get out. Administrator Heaton and CRA Chairman Long both discussed the alternative options for paying for the project, such as a paving district that would result in the fire department paying for nearly half of the infrastructure improvements, and the remaining split across the other properties. The other option would be a bond to pay for improvements.
Josh Thompson, TIF Applicant - Let the council know that they have the same building in other towns that have no children in them because the rooms are small. Also stated that the people who are against this are against it for the wrong reasons.
Councilmember Chittenden felt that it would be easier to explain the vote to the few people against it rather than put the burden of the infrastructure on the entire community.
Luke Woster- stated that if the school board had a problem with this they would have reached out or showed up to the meeting. Also that no new superintendent would have a big say within this project.
Councilmember Peterson and Schimenti both felt that given the history of TIF in Yutan that it would be best to give all parties more time to respond and ask questions. Mayor Kelly closed the public hearing at 8:21.
Councilmember Chittenden made a motion to approve the resolution but failed to gain a second.
A motion to Table Resolution 2023-1 Schimenti and seconded by Peterson. Upon Roll call the vote was as follows YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
- Resolution 2023-2 Redevelopment Agreement
A motion to Table Resolution 2023-2 Schimenti and seconded by Peterson YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
- Other Action Items
- Consideration of Pickleball Court Bids
City Administrator Heaton stated to the council that the CRA had approved spending up to $175,000 on pickleball court and other park improvements in Itan. Mayor Kelly also presented several bids and ideas for the project. Councilmember Chittenden asked what decision the council was to make, CRA chairman Long and Administrator Heaton suggested that the council could either choose each bid, or vote to let the CRA make the decisions. Long stated since it is city ground that the mayor and council should approve the location of each item. CRA member Nate Rath expressed that he would like to see the project done right the first time and would be willing to increase funding if needed.
A motion to approve the CRA to determine bids was made by Chittenden and seconded by Peterson Upon roll call the vote was as follows YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
- Request for funds for engineering on Hayes Concessions
JC Long spoke on the design of a new concession stand for Hayes. Adding a family bathroom, roll doors, and a sitting area with a sitting area along with storage area. Adding a meeting room for the youth associations. Design for cost affordability. Long will bring a list of donations along with cost. With the design if an addition would be made it is set to add on more. The group is looking for up to 10,000 in engineering cost assistance from the city to get the planning process started.
Councilmember Chittenden asked about shade and Long stated that they are looking into the shade nets. Councilmember Peterson is worried about costs rising, and getting something from the potential volunteers and potential donations in writing, stating there were issues with volunteers when the sidewalk was paved.
A motion to Approve up to 10,000 was made by Schimenti and seconded by Chittenden Upon roll call the vote was as follows: YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
A motion to Approve change order 3 was made by Schimenti and seconded by PetersonUpon roll call the vote was as follows: YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
A motion to Approve Pay Application 11 to Midtown Plumbing in the amount of $13960.73 was made by Peterson and seconded by Chittenden Upon roll call the vote was as follows: YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
A motion to Approve Pay Application #5 to Erickson Construction for $15,385.25 was made by Chittenden and seconded by Peterson Upon roll call the vote was as follows: YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
City Administrator Heaton presented a proposal to purchase new reporting software for the police department to the council. Heaton stated that this new software would work with the software that the county is using and would ease communication and reporting between the departments. Heaton also noted that the department is working on getting a new tablet for the cruiser to use the software in the car, and have access to other documents and emails while on duty. Chief Hannan stated that the cost is 5000 per year for the software. Councilmember Schimenti suggested purchasing several years at one time, and getting an Ipad to go with. Heaton stated that this would be an eligible use of ARPA funds. A motion to Approve the purchase of up to 5 years of software and an Ipad up to 1500 was made by Schimenti and seconded by Chittenden. Upon roll call the vote was as follows YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
Administrator Heaton presented a plan from JEO to rework the city Zoning Ordinance Book and Subdivision Regulations. Heaton pointed out several instances in the past few years where sections conflicted with other sections and the changes that have had to be made. Heaton also pointed out that this estimate covered adding the zoning and other maps to our GIS system. A motion to Approve the bid from JEO in the amount of 8250 was made by Chittenden and seconded by Schimenti Upon roll call the vote was as follows YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
Supervisor Reports
- Library Director - Submitted
- Utility Superintendent - Submitted
- Police Chief - Not Submitted
- City Administrator - Submitted
Meeting Adjourned A motion to Adjourn at 9:29 was made by Chittenden and seconded by Peterson Upon roll call the vote was as follows YEA: Schimenti, Chittenden, Peterson. NO: None. ABSENT: Thompson.
NEXT MEETING DATEs
Budget Workshop 1 - June 29th at 4:30
City Council Meeting - July 18, 2023, 7:00 P.M.
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Mike Kelly
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Brandy Gahan