[0:01] you
[1:54] good evening welcome to the Bellevue
[1:56] City Council meeting on June 4th 2019 it
[1:59] is 6:00 p.m.
[2:00] let us start with the Pledge of
[2:02] Allegiance and if you'd remain standing
[2:04] before the invocation with pastor Billy
[2:06] Zappa Zappala Thanksgiving Lutheran
[2:09] Church Heavenly Father thank you on
[2:32] behalf of all who are gathered here
[2:33] today thank you for your many and
[2:36] abundant blessings including the gifts
[2:37] that help us fulfill our callings and
[2:39] give us the ability to be involved in
[2:41] useful work throughout our homes in this
[2:43] great community thank you for the
[2:45] freedoms we enjoy in this great country
[2:46] including the freedom to embrace and
[2:48] reject you lord you remind us all that
[2:51] as citizens we are to follow the lead of
[2:53] our governing authorities to promote
[2:55] peace order and justice therefore we
[2:58] pray for our mayor for the various
[3:00] levels of city officials and in
[3:01] particular this assembled council asking
[3:04] that you would graciously grant them the
[3:05] wisdom to govern these issues of our
[3:07] times a sense of the welfare and true
[3:09] needs of our people confidence in
[3:12] understanding what is good and
[3:13] appropriate the ability to work together
[3:16] in harmony
[3:16] Eve oh and there's an honest
[3:18] disagreement personal peace and joy
[3:21] knowing that when they leave this this
[3:23] meeting they've done the best they could
[3:24] we pray for this agenda set before them
[3:27] today and please give assurance and what
[3:29] would please you and would benefit those
[3:31] who live work in and around our beloved
[3:33] city about thank you pastors applo
[3:43] Susan would you call to order roll call
[3:46] mr. Stinson here mr. cook here mr.
[3:51] Shannon here mr. price turn yeah
[3:54] mr. burns here and miss Walsh here thank
[3:59] you
[3:59] this meeting will be conducted in
[4:00] accordance with the Nebraska Open
[4:02] Meetings Act a copy of that act is
[4:04] located on the rear wall of the council
[4:05] chambers item number five approval of
[4:11] agenda consent agenda claims and
[4:13] Advisory Committee reports
[4:14] 5a do I have a motion to approve the
[4:17] agenda I'll make a motion to approve the
[4:19] agenda I'll second that motion by
[4:22] Shannon seconded by Welch please vote
[4:37] all voting yes thank you
[4:40] 5b approval of consent agenda items
[4:43] marked with an asterisk or approved
[4:45] where this item is unless otherwise
[4:48] removed and the council members wish to
[4:51] remove any items if not all take a
[4:54] motion second motion by Shannon
[5:00] seconded by Stenson please vote all
[5:13] voting yes thank you movses to item
[5:15] number 7 organizational matters there
[5:17] are none item number 8 is special
[5:20] presentations 8a we have the first
[5:23] quarter update from the Sarpy County
[5:25] Economic Development Corporation Josh
[5:28] Sharma good afternoon Council yep real
[5:32] quick first quarter report so it's
[5:33] January through March an organ in June
[5:35] so we're starting to think about second
[5:37] quarter but uh-oh we're all kind of on
[5:38] this first sheet that's up there it's I
[5:40] mean the story to tell it's been a slow
[5:42] down we had no single-family housing uh
[5:44] we had no multi-family housing permits
[5:46] issued and a pretty good decline as far
[5:48] as single housing permits but we think a
[5:50] lot of that it's mostly just to the
[5:51] weather nothing really to be too
[5:53] concerned to at this point but overall
[5:55] it's been a slower first quarter than
[5:57] we've seen previously but we did have
[5:59] some pretty nasty weather to contend
[6:00] with so they'll jump over this other
[6:03] sheet just kind of talking about some of
[6:04] the projects we've seen over the first
[6:06] quarter across the county we end up
[6:08] responding to 11 total projects we did
[6:10] have two landed projects so that was
[6:12] going to be up in the city of Papillion
[6:16] with the project wizard je Dunn is the
[6:18] general contractor out there and they
[6:19] are we're looking for some space to put
[6:21] eventually what's going to be all their
[6:23] office space for that project and we
[6:26] help them find a space in a warehouse up
[6:27] there that they're gonna end up doing
[6:29] some 10 improvements to and that's gonna
[6:30] be worth about 1 million dollars that's
[6:33] a ton hundred 54th in gold coast road
[6:35] additional additionally to that is the
[6:37] Black Hills Energy Office so this was a
[6:39] project that's been open since about
[6:40] 2015 so Thrasher had some extra land up
[6:44] out there and in the western Sarpy
[6:47] County and they ended up providing that
[6:49] land to black
[6:49] energy so that's gonna be 40 to retain
[6:51] jobs in 6.4 capital investment we did
[6:54] have two local projects that we started
[6:56] so one of them is a local cybersecurity
[6:58] employer so this is actually a employer
[7:01] out of Springfield Nebraska they're just
[7:03] getting started and they're looking for
[7:04] cybersecurity talent so we've been
[7:06] helping them with some training funds
[7:08] and then also there's a local retailer
[7:10] who they're out of Omaha but they own
[7:11] some land out on highway six up in
[7:12] Gretna and they're looking to
[7:14] potentially expand to another location
[7:15] out there as well as do some industrial
[7:17] site development so we've been working
[7:19] on that as well for the other projects
[7:21] that we've seen from out of market it's
[7:22] a lot of cold storage we've seen a lot
[7:24] of those recently a lot of those cold
[7:25] storage facilities are kind of looking
[7:27] more in the eastern side of Sarpy County
[7:28] so we've been submitting a lot of
[7:30] Bellevue sites for that and also
[7:31] manufacturing you've seen a lot of
[7:33] different types of food processing
[7:34] everything from baking to smoking meats
[7:36] to kind of taking big pieces of meat
[7:38] make them two smaller pieces of meat so
[7:40] no kill facilities as far as that goes
[7:43] so that's kind of a quick rundown of the
[7:44] projects that we're seeing the big thing
[7:47] I kinda want to mention here in Bellevue
[7:49] with the flooding that kind of that was
[7:50] kind of our big industrial industrial
[7:52] corridor there's south of Offutt Air
[7:53] Force Base so I think we had some sites
[7:55] that were kind of gonna be our next jump
[7:57] looking for it but we're starting to
[7:58] move those sites and submit those sites
[8:00] to me actually did submit those for two
[8:01] projects over this the second quarter
[8:03] that we can talk about here not too long
[8:06] but those are sites along Highway 75 in
[8:08] Fairview there's about three sites out
[8:10] there that well we think are we look at
[8:12] sites great access great visibility I
[8:13] believe they're already industrial zones
[8:15] so that should help there and utilities
[8:17] are nearby so right now we're working
[8:18] with all the utility companies to kind
[8:20] of get price estimates and capacities
[8:21] for that so once we have all that we'll
[8:23] be sure to share that and I also did
[8:25] want to give a shout out to epiphany
[8:27] Ramos has been exceptional to helping us
[8:28] find information I know we were kind of
[8:30] in a time crunch one of the sites and I
[8:32] called her up at nine o'clock and she
[8:34] was ready with all the information so a
[8:35] shout out to 15 that's kind of a quick
[8:39] run down as far as the project activity
[8:41] that we're seeing I do also want to
[8:43] mention we were having our VIP reception
[8:45] for all the City Council member and all
[8:47] the elected officials here that's gonna
[8:48] be June he's here today it's coming up
[8:51] June 20th at 5:30 at Embassy Suites so
[8:53] if you haven't received your invite to
[8:55] that please let us know if you would
[8:56] like more information but that's just a
[8:59] real quick rundown of how the first
[9:00] quarter went like I said with the
[9:02] weather it was a
[9:03] but inquirer than normal but there's any
[9:05] questions I'd be happy to answer them
[9:08] thank you any questions for Josh all
[9:13] right thanks for coming out Mitch
[9:14] appreciate it
[9:19] item number nine approved citizen
[9:21] communication there are none item ten
[9:24] liquor licenses ten a recommendation to
[9:27] approve manager application of Bonnie
[9:30] Johnson is manager of the Class D liquor
[9:32] license for ball Inc number nine doing
[9:35] business as tobacco hut number nine
[9:37] located at four zero one one Harrison
[9:40] Street is Bonnie you have anything you
[9:48] want to say or you just here for
[9:49] questions okay I'll open it up for
[10:01] public hearing is there anyone here to
[10:03] speak in favor or against the manager
[10:08] application of Bonnie Johnson for Class
[10:11] D liquor license seeing no one I'll
[10:17] close the public hearing and this
[10:19] council any questions or want to make a
[10:21] motion gum some cook Thank You mayor
[10:27] I'll make a motion that we recommend
[10:29] approval to the Nebraska Liquor Control
[10:32] Commission then manager application of
[10:34] Bonnie Johnson as manager of the Class D
[10:36] liquor license for Bell Inc number nine
[10:39] doing business as taco hut number nine
[10:42] located at four zero one one Harrison
[10:44] Street second motion by cook seconded by
[10:49] Stenson any questions we have correction
[10:55] it's good no questions uh motion by cook
[11:01] second by Stenson please vote
[11:10] all voting yes thank you thank you thank
[11:15] you
[11:15] item number 11 ordinances for adoption
[11:18] third reading there are none
[11:20] number 12 ordinance four ordinances for
[11:23] public hearing second reading 12a is
[11:33] ordinance number three 945 annexation of
[11:37] area number five Jim would you like to
[11:40] read that into the record
[11:42] sure ordinance number three nine four
[11:44] five a request to annex Lots 67 68 West
[11:49] one into twenty two point nine six feet
[11:51] of lot 69 east 180 2.04 feet of lots
[11:55] sixty nine seventy a seventy be 71 a 71
[11:59] be west one hundred feet up north
[12:02] hundred and seventy-five feet of lot 72
[12:04] 73 and south hundred twenty two feet of
[12:07] lot 72 74 lot 75 and West half vacated
[12:12] 19th Street East half vacated 19th
[12:15] Street adjacent to Lots 75 76 78 88 80
[12:20] be ATC 81 82 83 84 south 85 of South 187
[12:28] feet lot 85 north hundred and two feet
[12:31] of South 187 feet of a lot 85 north
[12:36] hundred and tenth of Lots 85 86 eight to
[12:40] eighty six be 86 a 1 a 86 a 1 B 87 lot
[12:47] 90 and South half vacated Carey Street
[12:49] 97 98 East half of Lots 99 100 a 1/100 a
[12:56] to 100 a 3 100 be 100 C 103 a 103 B 106
[13:03] a 106 B 107 a 107 be 108 112 lot 113 and
[13:11] South half a vacated Concord Street Lots
[13:14] 115 and North half vacated Carey Street
[13:17] 116 B and once
[13:19] 17 child's East estate acres Lots 1 & 2
[13:23] child's estate acres replied for Lots 86
[13:28] and 87 Spring Creek lot 1 Mohawk Edition
[13:32] lot 1 Schramm's estate acres lot 1 and
[13:36] North half vacated Carey Street and -
[13:39] Linden Ridge Lots 1 & 2 amber acres Lots
[13:43] 1 & 2 Crawford's Edition replac 1 lot 1
[13:47] hunters Hollow lots of 1 through 3
[13:50] flo-jo whole of our state's Lots 1 & 2
[13:54] Duke's Edition Lots 1 into procs wills
[13:57] Edition Lots 1 & 2 Timmerman Acres South
[14:01] 41 feet of lot 1 and lot - Cassio's
[14:05] thoroughbred acres Lots 1 5 6 7 a 7 B &
[14:10] 8 through 27 Carolina Edition lot 1
[14:13] Carolina Edition reap lap 1 lot to
[14:17] Rancho La Estrela tax lot 3 be a regular
[14:21] part of tax lot 12 adjacent to lot 1
[14:24] volha condition part of tax Lots 12 and
[14:28] 13 regular 33 feet by 129 or 1279 feet
[14:33] strip of tax lot 13 a lining south of
[14:37] tax lot 3 be located in Section 22
[14:40] Township 14 north range 13 east of the 6
[14:43] p.m. and irregular easterly 665 feet of
[14:47] tax lots 12c and 14 except part taken
[14:51] for right away sections 15 T 14 and are
[14:56] 13 e of the 6 p.m. and all the budding
[15:00] County Road right aways and to provide
[15:02] for effective date of this ordinance
[15:03] applicant City of Bellevue it's a good
[15:09] job I'm gonna hurt I'm gonna clarify one
[15:12] thing I thought I heard child's East
[15:14] estate acres it should be child's estate
[15:17] acres replant for so just for
[15:19] clarification
[15:22] okay I'm gonna remind the audience and
[15:26] kind of give them some ground rules on
[15:28] the public hearing that I'm going to
[15:29] open here in a second
[15:30] any member addressing the council shall
[15:33] abide by council policy 35 regarding
[15:35] conduct and decorum copies of this rule
[15:38] are posted outside council chambers
[15:40] speakers addressing the council to limit
[15:42] their comments to 5-minutes
[15:43] this notice will apply to all public
[15:46] hearings tonight and will not be reread
[15:48] prior to each hearing we do have a
[15:52] sign-in sheet at the front table there
[15:55] and then also at the podium so if you're
[15:56] next in line you can go ahead and sign
[15:58] the one on the table while you're
[16:00] waiting for the first one to finish if
[16:01] that helps and I will try to give you a
[16:06] 30-second warning if you're if you're
[16:08] getting close to the five minutes so
[16:11] with that I will open up the public
[16:13] hearing is there anyone that would like
[16:14] to speak in favor or against 12a
[16:18] ordinance number 39 45 annexation of
[16:21] area number five please come forward and
[16:28] I was notified by mail that this meeting
[16:32] was supposed to be a more information
[16:34] meeting not a second hearing meeting I
[16:37] didn't know this was the second hearing
[16:39] already state your name and address
[16:41] please sorry that was you know that's
[16:44] for everybody tonight as well okay I'll
[16:48] grab they don't know me by when I sit
[16:50] down okay my name is David elder Borak I
[16:53] live in 80 302 South 21st Street I'm not
[16:58] in favor of this I just got a new
[17:00] evaluation on my property just the other
[17:03] day I went up $14,000 Nebraska our
[17:08] governor just said you don't want to
[17:10] rate at raise taxes so every time you
[17:12] turn around they want it now they
[17:13] evaluate your property higher so you got
[17:15] paid more taxes anyway this this thing
[17:18] with the taxes it's getting out of its
[17:20] just getting out of proportion way too
[17:22] bad I wouldn't feel so bad about if
[17:25] everybody paid the same amount of taxes
[17:27] and I have a little house I'm not happy
[17:31] with getting antiques and having to pay
[17:34] and sanitation
[17:35] pick up my garbage and I called miss Welch about it a couple weeks ago
[17:44] and I asked her then I said I don't
[17:47] think this is legal she said and she
[17:50] said she check into it I called and they
[17:53] told me over to play in sanitation that
[17:55] June 4th they were gonna start picking
[17:57] my garbage up I said well they gotta
[17:58] have three readings before they do
[18:00] anything didn't they didn't call you
[18:03] yeah but you didn't get back with me you
[18:08] know you're absolutely correct I did
[18:11] remember seeing that note and I checked
[18:13] with Public Works because we talked
[18:17] about why is your garbage bill going to
[18:21] be on your mu D bill and it's because
[18:22] correct me if I'm wrong mr. Roberts it's
[18:24] because they are the collector of that bill but mu D and they are
[18:30] incorrect at Papillion sanitation okay
[18:33] so mu D I'm paying my gas and my water
[18:36] in my sewer use fee those are something
[18:38] that I do there at the house that I use
[18:41] garbage pickup
[18:43] isn't anything that mu D would charge me
[18:46] for they shouldn't charge me for it
[18:48] because mu DS not charging you for it
[18:50] help me out with this mr. Roberts well
[18:52] it's on the bill so they're charging me
[18:54] for it
[18:54] it's on their bill they're just the
[18:56] collector of it we pay mu D to do the
[19:00] billing for us they don't bill you if
[19:01] the billing still comes from the city of
[19:03] Bell K then when was the last time did
[19:07] somebody on the council or somebody on
[19:08] the city went and called other companies
[19:11] and found found out which was the
[19:13] cheapest bidder or the cheapest company
[19:16] for picking up trash because I see I
[19:18] have premier sanitation there cheaper
[19:20] and I see premier sanitation's garbage
[19:23] dump there's the big red ones all over
[19:24] tower so evidently premier sanitation
[19:27] must be cheaper than Papillion
[19:30] sanitation we put this out for
[19:33] competitive bid and premiered it and bid
[19:35] on it we only had two bidders waste
[19:37] connection and waste management is that
[19:39] every year this is a long-term contract
[19:42] this one is it for a 10-year contract
[19:43] right now okay I'm still not happy about getting
[19:48] their name and mr. Devore we are the the
[19:51] leader correct me if I'm wrong mr.
[19:53] Roberts were the leader in recycling I
[19:56] mean other cities are watching what
[19:58] we're doing because they know that we
[20:01] have landfills that are filling up too
[20:02] quick and we Bellevue started that
[20:06] entire program and didn't you give me
[20:08] some statistics about the how well the
[20:12] recycling program is going yeah before
[20:15] the program started we're at maybe 12%
[20:19] recycling rate we're at 40% now okay so
[20:22] I'm not helping with the taxes I'm not
[20:24] happy with what I have to pay you Sarpy
[20:26] County when I go get my license plates I
[20:28] think it's ridiculous the amount of
[20:30] money you have to pay for taxes for
[20:32] vehicles personal property earning it
[20:35] just thank you thank you and there just
[20:39] to clarify there is three readings on
[20:40] this there was we read them into the
[20:43] record two weeks ago and then this is
[20:46] the second reading tonight where there's
[20:48] public hearing and then the third
[20:49] reading will be Thursday so that's when
[20:51] the vote will be taken Thursday thank
[20:54] you yep it's a special meeting that was
[20:59] advertised Chris answer that maybe I'll
[21:17] clear be effective next year your taxes
[21:21] already set for this year thank you
[21:26] anyone else wishing to speak
[21:36] when sledge 8605 South 21st Street I am
[21:41] totally against this we have been very
[21:45] well taken care of by Sarpy County in
[21:47] everything we've had and our garbage
[21:51] picked up this premier we don't have
[21:53] premier does not leave trash all over
[21:56] our road like Papillion sanitation does
[21:59] the pay and sanitation is higher than
[22:02] premier and I would like to know with
[22:06] this annexation what is this going to do
[22:09] for us
[22:09] homeowners besides raise our taxes I
[22:12] would like an answer from each one of
[22:14] you what is it going to do for us we
[22:20] will answer and we're trying to keep all
[22:22] the questions in order so we will
[22:25] respond I'm totally against it I've said
[22:29] I've been against it and I'm still
[22:32] against it we're gonna try to hold our
[22:34] answers till the end so we don't chew up
[22:38] your time clocks when you're talking up
[22:40] here and besides that our evaluation
[22:47] went up 26,000 which is ridiculous so
[22:54] what does that do to our taxes
[23:09] anyone else wishing to speak on area
[23:12] number five seeing no one I'll close the
[23:19] public hearing mrs. Furr area number
[23:30] five yes okay I'll say Chris my name is
[23:35] max Lopez about 72 73 and 78 of child
[23:42] states on 21st Street and 19th Street
[23:51] totally against the NX action
[23:55] my main reason is I don't see like
[23:58] everybody else saying why what are our
[24:01] benefits I don't see those benefits
[24:03] biggest thing I see is gonna happen
[24:05] my real estate broker lender biggest
[24:08] thing I'm gonna see people are not gonna
[24:09] want to live in the area prices are
[24:11] gonna go different ways definitely
[24:15] taxes are hired many people who already
[24:17] have a long going are afraid that the
[24:21] other riders are gonna say no you're not
[24:23] gonna qualify because your income is not
[24:26] enough now that your tax is gonna go
[24:27] higher
[24:27] since this pass is that long they get
[24:30] denied just because of the babies so all
[24:32] the people who wants to buy properties
[24:34] within the neighborhood are gonna see
[24:37] that this is going on they may go away
[24:39] okay so that's gonna change there are
[24:42] definitely different reasons why people
[24:44] will not want to live in the area maybe
[24:47] why others would like to live but I
[24:50] think the impact is gonna be huge
[24:52] it's gonna change things around most of
[24:57] our neighbors who live in era 5 we like
[25:00] to have the wide open space like to our
[25:03] kids like the wander around we have
[25:06] animals and so we like it the way it is
[25:09] I guess some of them horses possibly
[25:14] your aren't here yet
[25:15] but hopefully we can reopen when they
[25:17] get here but you will hear the same
[25:19] thing I don't we don't see the benefit
[25:22] trash it's not gonna do any better for
[25:26] us at this point I will think but the
[25:29] biggest disadvantage will be the
[25:31] property value will probably diminish at
[25:34] that point it's going higher now but
[25:37] it's going to diminish and it's going to
[25:39] cause a big impact on our economy I
[25:43] think but the benefit is what I don't
[25:45] understand so I'm totally against it
[25:49] that's probably all I have to say thank
[25:51] you thank you
[25:57] just for the record we're still speaking
[26:00] on number area number five so the public
[26:03] hearing is still open on area number
[26:05] five if anyone else is here to speak on
[26:09] number five please come forward seeing
[26:19] no one I will close the public hearing
[26:21] on area number five and I'm gonna
[26:23] attempt anybody else wants to jump in as
[26:26] far as council members maybe if I try to
[26:30] answer a couple of these questions they
[26:32] won't be repeated cuz I'm here the first
[26:34] two I've heard the same question and
[26:35] that is what if what are the benefits I
[26:38] guess the first question was that I
[26:40] heard they only want to pay as much
[26:43] taxes as everybody else well that's what we're getting at because the
[26:47] residents of Bellevue are paying more
[26:49] taxes than those properties that are
[26:53] surrounding you so we're trying to
[26:55] equalize that make that fair for
[26:57] everybody across the board and everybody joins in and pays their share
[27:03] of the taxes so it's the benefits you're
[27:05] getting now when you drive off your
[27:07] property drive down Chandler or
[27:10] Cornhusker to get to the interstate
[27:12] those are certain those are areas that
[27:14] the city's taking care so you are
[27:16] getting benefits already sure you get a
[27:19] library card the trash service is
[27:23] questionable I understand that
[27:26] but there are benefits but there's also
[27:29] there's there's more of an equalization
[27:31] to to make that foundation for Bellevue
[27:35] stronger and everybody everybody puts in
[27:38] what they owe so anybody else want an
[27:45] addition if there is a concern with your
[27:48] taxes and your assessments you got to go
[27:51] talk to the Sarpy County Assessor and
[27:53] fight that evaluation that has nothing
[27:55] to do with the city when you have a
[28:00] twenty six thousand dollar increase go
[28:02] to Sarpy County and talk to them about
[28:05] it and get it revaluated so that they
[28:08] can reevaluate your taxes and make it
[28:10] fair across the board
[28:12] councilman Prester Thank You mayor I
[28:15] don't think there's any answers we can
[28:17] give or anything that we can say that's
[28:20] going to change anyone's mind who's
[28:22] going to have to pay City fees those
[28:26] taxes nobody really wants to pay we all
[28:29] want somebody else to pay for them but
[28:32] we enjoy the services you certainly will
[28:35] have a chance to vote on those people
[28:38] that will represent you which is a big
[28:40] factor but you'll be part of the city
[28:43] that you essentially live in now as the
[28:46] mayor has said and that's important we
[28:50] want people to feel like they are a part
[28:52] of Bellevue and that they're wanted in
[28:55] the city cities annex areas because it's
[28:59] for orderly development for the health
[29:02] safety and well-being of everyone we do
[29:05] group purchases like the trash
[29:07] collection currently I'm paying $13 a
[29:11] month for trash
[29:12] I don't think premier will give you that
[29:17] service for $13 a month you have yard
[29:20] waste you have recycling and you have
[29:24] your trash that's a pretty good value
[29:26] and we get that value because we do a
[29:29] group purchase that's part of what the
[29:32] city does cities should be here to serve
[29:35] the people I think Bellevue does that I
[29:38] think it does it very well
[29:40] we have a good rating from Standard &
[29:44] Poor's through our finances we have
[29:47] continually sought to make things more
[29:49] efficient and effective
[29:51] I recognize none of that matters when
[29:54] you're the one being annexed property I
[29:58] owned was annexed into Bellevue
[30:00] I had premier sanitation for trash at
[30:02] one time I didn't really like it but all
[30:06] of the services stayed the same or got
[30:08] better and that's what cities do
[30:10] eventually every place around the city
[30:14] will be annexed thank you thank you the
[30:20] other comes ok the public hearing was
[30:24] closed the third reading on this area
[30:27] number 5 will be this Thursday June 6
[30:29] 2019 6 p.m. we were in the council
[30:35] chambers so moving to 12 B ordinance
[30:44] number three nine four six annexation of
[30:47] area number seven Jim please read it
[30:49] into the record ordinance number three
[30:52] nine four six a request to annex Lots 2
[30:55] 4 5 6 a 1 6 8 2 7 8 9 10 12 B 12 C 1381
[31:03] 13 B 114 a 15 a 15 B 15 C 18 19 and 21 a
[31:10] Old Orchard place lot 3 an orchard place
[31:14] one Lots one into Old Orchard place -
[31:18] Lots 1 through 3 old orchard place three
[31:22] Lots 1 & 2 old orchard place Reap lat
[31:25] one lots 4 & 5 Highschool of you lots 1
[31:29] & 2 Vasek addition a lot Lots 1 & 2
[31:32] Vasek second addition a lot 59 except
[31:36] part 2 road and lot 60 except part 2
[31:39] road child's estate acres tax Lots 8 B 1
[31:44] & 12 a one located in Section 22 t14 and
[31:50] our 13 e of the six pm and
[31:54] it's tax Lots 11 through to a 11 I'm
[31:59] sorry it's 11 - to a 11 - to be an East
[32:03] 15 feet of tax lot 16 a located in
[32:07] section 15 T 14 and our 13 e of the six
[32:11] pm and all abutting County Road right
[32:13] aways and to provide for the effective
[32:15] date of this ordinance applicant City of
[32:17] Bellevue thank you and I will open the
[32:21] public hearing for annexation area
[32:24] number seven if there is anyone like to
[32:26] speak regarding number seven please come
[32:28] forward can we pull one up yep we'll get
[32:34] you on up there
[33:10] okay my name is Ralph instead my wife
[33:13] asked me to read something to you and
[33:15] then I got a couple of things myself to
[33:17] say this is what yet real I ask you can
[33:21] I get your address first Ralph sorry Oh
[33:23] 1201 Caspar thank you sorry I asked you
[33:31] to think about this if you were to move
[33:34] to a new property and you were about to
[33:35] plant your flowers into a pre-existing
[33:37] flower bed and in the center of the
[33:39] garden was a very old and Hardy vintage
[33:41] Heritage Rose would you yank it out kill
[33:45] it to plant your new flowers where'd you
[33:48] plant your new plants around it and let
[33:50] it die in its own time respecting how
[33:52] deep its roots were and how long it had
[33:54] survived so many years why are so many
[33:58] opposed to this annexation well many
[34:01] have been planted here for generations
[34:03] this was our land before Bellevue
[34:06] surrounded us and by no choice of ours
[34:08] Sarpy County has been fine for us
[34:11] the neighbors grew crops milk cows
[34:14] raised fruit in the orchards bored
[34:16] horses help kids grow up in 4h I myself
[34:20] have been a 4-h leader and had many 4h
[34:23] events on our acreage this is very good
[34:26] and healthy for children we've been
[34:28] privileged to see more wildlife in our
[34:30] area as the city grew the wildlife need
[34:34] places to be
[34:35] not just in Fontenelle forest we are a
[34:41] certified wildlife habit habitat with
[34:45] the National Wildlife Federation on our
[34:47] son an environmental scientist has
[34:49] planted planted a large patch of natural
[34:52] Prairie on our acreage yes we drive on
[34:55] some of the Bellevue streets as do many
[34:57] others from outside of Bellevue we do
[34:59] use Bell Bell view businesses too but we
[35:02] would much rather pay a fee for a
[35:04] library card than to have our taxes
[35:07] raised considerably what are you
[35:09] offering us we've heard some of that I
[35:11] guess we have no city water or sewer on
[35:15] our street we are doing fine we
[35:17] weren't asking the city for anything
[35:19] who's been asking you want our money I
[35:22] suspect you want our land and this is in
[35:24] the long-term plan I believe someone
[35:26] took a look at our green areas with
[35:29] Realtors eyes why not just leave us as
[35:32] we are we will be gone before too long
[35:34] for both in our 70s I look at you as
[35:39] individuals with your own backgrounds
[35:41] and opinions but also as people with
[35:43] hearts some of us may offend you because
[35:46] they are so passionate about their homes
[35:47] and their lives that you may be
[35:49] threatening to take away I believe you
[35:52] have this the power in your voting
[35:54] finger to take a stand for what may not
[35:56] be logical or advantageous to the city
[35:59] but for what may be right and good in
[36:02] this case not all about money
[36:05] sincerely Laura Long's death old orchard
[36:07] Place acreage my grandkids are the sixth
[36:10] generation on our property PS there's
[36:16] some kind of grandfather clause or
[36:18] something that can be written to leave
[36:19] these green spaces alone for the next
[36:21] twenty to twenty-five years and let this
[36:24] run its course that was my wife hope you
[36:29] listen to it carefully this is what I
[36:30] say it's a little different the
[36:33] government has set up to preserve and
[36:35] protect the people the people are the
[36:37] country more freedom the people have to
[36:39] work on property to be individuals
[36:42] responsible for themselves and their
[36:44] families the more responsible they
[36:46] become to each other and the areas where
[36:48] they live we live in a country that has
[36:51] a government limited by a constitution
[36:54] and that is what makes our country a
[36:56] miracle in this world not an
[36:58] overreaching government thank you I
[37:00] appreciate you listening thank you and
[37:03] we are not going to be offended up here
[37:06] I mean we understand Thank You
[37:14] councilman Pricer
[37:19] as you're sitting down I just want to
[37:21] thank you I see your hat so I want to
[37:23] thank you for your service in the
[37:25] military in Vietnam also your service
[37:28] with the 4-h thank you anyone else
[37:38] wishing to speak on area number 713 I've
[37:54] got 20 acres out there I was just
[37:56] wondering how this is gonna affect me
[37:57] I've got cows horses chickens I'm green
[38:03] belt I farm a lot of that ground around
[38:05] their house
[38:06] I was just wondering all this if I'm a
[38:08] coger at the city how is this gonna
[38:09] affect me with the cows there is no
[38:14] effect you get diesel user your land
[38:16] just like you're using it right now the
[38:18] only difference will be your taxes
[38:19] they're gonna be a liar I can still have
[38:22] cows owning does not change its oh it's
[38:25] still permitted I didn't know that
[38:27] because when you talk about city you
[38:28] know they say you can't have this I
[38:30] can't have that no that's correct right
[38:34] mr. Schue Chuck Thank You mr. mayor
[38:40] yes maybe can we explain or have Chris
[38:44] explained about the ETJ so is that the
[38:48] right where there's the city and they
[38:52] and the governing factors that they have
[38:54] so that the people can understand that
[38:56] please sure the city has a Planning and
[39:00] Zoning jurisdiction two miles beyond our
[39:02] current city limits so everybody in
[39:04] these annexation areas are already fall
[39:06] under our zoning regulations nothing
[39:10] you're doing now will change with the
[39:13] annexation again because you're already
[39:14] fall under those rules and regulations
[39:16] of our zoning so you are grandfathered
[39:21] or so to say
[39:26] nothing's gonna change it as far as
[39:27] that's concerned okay thank you
[39:31] is there anyone else wishing to speak on
[39:34] area number 790 18 out 13 straight just
[39:46] like I said last time I just borrowed
[39:49] mine I just wanna be annexed I try to
[39:52] see any benefits really if any hardly
[39:55] any and I just see race you know taxes
[39:58] being raised
[39:59] you know with I'm not saying that with
[40:02] you know the way we are right now it's
[40:04] fine we don't really need anything next
[40:06] and I say that we don't need anything
[40:07] from you guys but just that what the
[40:09] weight is right now it's fine with me I
[40:11] just don't want to pay more taxes that's
[40:13] all really thank you is there anyone
[40:20] else wishing to speak and nary number
[40:22] seven
[40:32] my name is Larry Kane eight nine ten
[40:35] South 13th well first of all I'm retired
[40:50] and and on a fixed income where am I
[40:54] supposed to come up with a extra tax
[40:56] money you know I get a part-time job or
[41:00] whatever there's a little thing I
[41:03] thought of you said that though you're
[41:05] trying to equalize the taxes how about
[41:08] dropping the taxes on the people that
[41:10] are already in Bellevue and even amount
[41:14] that way instead of raising ours you
[41:16] know that that probably wouldn't work I
[41:18] suppose another thing I've watched a lot
[41:23] of Council meetings that a lot we've
[41:25] lived here since 91 and I think in the
[41:29] past I think they squandered a lot of
[41:32] tax money on a lot of foolish things
[41:33] I'll give you a few examples that just
[41:36] the ones that I think about anyway is
[41:38] that they did I think they paid HDR
[41:41] seventy five thousand dollars to do a
[41:43] study on the fourth core value quarter
[41:47] coming in from Omaha off at 13th
[41:51] well you look down there now all them
[41:55] all that empty land down there where
[41:57] that trailer court used to be that they
[41:59] kicked those people out of there was a
[42:01] plate a rental place down there that's
[42:03] sitting there vacant there's a few car
[42:05] lots that have moved in down there
[42:06] basically it's just I don't know what
[42:09] that $75,000 was for other than to put
[42:12] restrictions on what could go in there I
[42:19] just think that they haven't spent some
[42:22] of the money very wisely another thing
[42:24] was they spent $85,000 I believe it was
[42:28] to paint bike lanes on Fort crook in
[42:32] other places and in all the years since
[42:35] they've done that I've never seen one
[42:37] single bicycle on in those bike lanes so
[42:41] I don't know how that was a good spin
[42:44] you know another thing the softball
[42:47] village down there the Bellevue I don't
[42:49] know if whatever happened with that deal
[42:50] where the management company took all
[42:53] the money and Bellevue left holding the
[42:56] bag without but I just think that they
[43:03] could spend the money more wisely you
[43:05] know if you're gonna get my tax money
[43:06] you know I would hope that you would
[43:07] spend it you know wisely another example
[43:12] was here a while back that they had a
[43:14] deal on there where the police
[43:15] department needed 14 video cameras I
[43:18] believe was a number I'm not positive I
[43:20] think was 14 to do interviews
[43:22] why would maybe it's justified I don't
[43:24] know why would they need 14 of them to
[43:27] do interviews they have a big influx of
[43:29] crime on their show that's about all I
[43:34] have to say I guess I'll just leave you
[43:36] with a little tidbit job Lucy asked
[43:39] Charlie Brown do all fairy tales start
[43:43] with once upon a time and he answered no
[43:47] some start with if I'm elected I promise
[43:51] thank you anyone else wishing to speak
[44:01] on area number 7 please come forward
[44:12] my name is Beverly hurty and I just have
[44:16] one question at the Planning Commission
[44:18] meeting they talked about taking all out
[44:22] of the annexation package some of the
[44:25] Greenbelt properties and I noticed now
[44:28] that they're back in is there any reason
[44:31] the Planning Commission gives a
[44:33] recommendation to the council and then
[44:35] the council has elected to keep them in
[44:37] unless a council member removes those so
[44:40] that's that's all we'll be voting on
[44:43] Thursday so you you decided to leave
[44:48] them leave those Greenbelt areas in
[44:51] again the count the Planning Commission
[44:55] doesn't change anything for the council still listens to the same
[45:01] plans and then they will elect to do it
[45:05] they choose with the recommendation
[45:06] account the Planning Commission has
[45:08] thank you can make it your address
[45:10] please both for the record 1 706 child's
[45:13] Road West thank you anyone else wishing
[45:20] to speak on area number 7 please come
[45:22] forward
[45:42] I'm James Lawrence hello at 90 what
[45:46] apartment 90 100 South 13th and I've got
[45:49] about 4 4 properties involved here on an
[45:53] acreage been in all my life and my
[45:57] father and grandfather - I know this is
[46:02] a done deal I've wasted my time coming
[46:03] down right I can tell you that right now
[46:06] but I got a question for you
[46:08] all these acreages we live a little bit
[46:12] different than you do that when you've
[46:14] got a house that's 20 foot next to you
[46:17] we're on an acreage we got squirrels
[46:21] we got rabbits we got raccoons we got
[46:26] all different kinds of varmints and
[46:28] everything else we take care of those
[46:30] varmints ourselves the groundhogs
[46:36] they'll destroy anything you can last
[46:38] year I didn't have any ground
[46:40] groundhogs the year before I took care
[46:43] of eight of them the year before that I
[46:46] took care of seven of them I sent him to
[46:49] groundhog heaven and now and the
[46:53] raccoons I got one the other day he went
[46:56] to round
[46:57] ARRG raccoon heaven and I guess Reap
[47:00] coming up the driveway they will come
[47:02] into your garage we understand that it's
[47:06] not nothing unusual for us because we
[47:09] live on acreage we got turkeys there we
[47:12] got deer and everything else but I want
[47:15] to know now that I can't shoot a gun
[47:18] when this bellevue takes over when i get
[47:22] her get a raccoon and my trapper a skunk
[47:25] Who am I gonna call what have you
[47:29] learned people should tell me who do it
[47:31] who do I want to call I call Bellevue
[47:34] what tell me if there's a if there was a
[47:39] problem with a Bellevue contracts with
[47:42] the Humane Society which
[47:45] that's part of the benefit you can call
[47:47] it main society and and they're going to
[47:49] come over and get the raccoon in the
[47:50] scouts if they're causing a problem in
[47:52] an issue that's what we contract for
[47:53] correct what is it I'd like to see a
[47:56] copy that contract I actually worked
[47:59] because I don't want to see one of these
[48:01] guys come and get it Scott got at the
[48:02] traffic you might have to live trap it I
[48:06] do live traveling until I get a hold of
[48:09] them
[48:10] but you know you can't believe that I
[48:15] had a raccoon crawl down the chimney one
[48:18] of my rentals and we heard him in the
[48:21] chimney all of a sudden he was gone he
[48:23] crawled right up decided the corner of
[48:26] the building and down the chimney these
[48:28] raccoons will destroy anything
[48:30] everywhere so I take care of them and
[48:33] when her on an acreage you do that
[48:36] that's normal that's what we do but when
[48:40] the bellevue says you can't shoot a gun
[48:43] and kill in anything on your property I
[48:45] want to know why in collie Humane
[48:50] Society I'm going to tell me I got
[48:52] raccoons and I got skunks on my property
[48:54] I'm with I'm on a a courage wants you to
[48:58] come out in put it put your traps in
[49:00] here are you gonna do that is that what
[49:03] Bellevue is gonna do or is that what
[49:05] you're paying for
[49:06] somebody ought to know here mister to
[49:09] chuck you know everything if I already
[49:12] been involved with you many times tell
[49:15] me what wouldn't I don't know the
[49:21] details of our contractor but you can
[49:23] still get rid of your varmints you can
[49:24] live trap them and take them somewhere
[49:25] else and take them where I checked bring
[49:28] them to your house
[49:30] sir I bring here and put them out here
[49:32] in the street tell me I'll do that is
[49:35] there a I'll put them in the street gear
[49:38] just give me your address I'll drop them
[49:40] off at your house I probably have one I
[49:42] got a trap set tonight probably have one
[49:44] in the morning because they love
[49:45] Tomatoes mr. mayor anybody one want a
[49:51] raccoon your your Councilwoman Walsh
[49:53] I had a raccoon in my house okay there
[49:55] you go okay I called the police
[49:57] department
[49:58] okay they came out and looked at it
[49:59] assess it they called the Humane Society
[50:02] they took care of the raccoon it's just
[50:06] the protocol that you do in my yard in
[50:10] my yard my driveway part of it is you
[50:13] can contact Humane Society to see what
[50:15] they'll do and then there's also what's
[50:18] the critter control is another company
[50:21] that does some things time he's gonna
[50:23] pay for all that the credit control
[50:26] charge you for it but I I don't want to
[50:28] get carried away too much you got about
[50:29] 30 seconds left so is there any other
[50:30] points hey no I'm done that's okay
[50:32] I've already made my speech at the last
[50:34] Planning Board meeting and as far as I
[50:38] know this is a this is a done deal I
[50:41] know that but we're on acreages there
[50:45] this is not houses 20 feet apart so you
[50:49] got to remember we think a whole lot
[50:51] different than a normal subdivision okay
[50:54] thank you for your time all right
[50:57] and I reiterate that we we are listening
[50:59] to everybody that comes up here and I
[51:02] know there's council members meeting
[51:04] other council members and they'll do
[51:06] that all the way up till Thursday so
[51:08] just reassure that come forward please
[51:14] to the mic restate your name please just
[51:19] you know just a common mad you know just
[51:21] like he's saying I think it's you guys
[51:23] on your side it's it's a done deal but
[51:25] wouldn't be you know would be good or
[51:28] nice if you guys would probably get a
[51:30] bowl from all of us you're trying to a
[51:32] mac so maybe you know send letter so
[51:34] whoever signs to get in you know do it
[51:36] that way not just you you guys decide to
[51:38] do it you know say there's I thought I
[51:42] saw somewhere you guys are trying to do
[51:44] like 700 people yeah we say you get 50%
[51:47] or more than you do it how about you
[51:49] know how about doing something like that
[51:50] and not just you guys decided what to do
[51:53] we're doing what again we're
[51:56] representing the City of Bellevue
[51:57] we've got 55,000 residents in the city
[51:59] of Bellevue that this group represents
[52:01] we have to do what's right for them
[52:03] what's right for the City of Bellevue
[52:05] and the growth going forward so why are
[52:07] we here then I mean in reality is this
[52:10] waste of time for everyone or we call it
[52:13] a waste of time you get it you get a
[52:14] talk to us I know but you know how is
[52:19] this process are you guys just you know
[52:21] we're here we talk and you guys just you
[52:23] know you just hear that
[52:24] because last time I was here you know
[52:26] you you're here and then you guys bought
[52:27] you know to do it and then you know so I
[52:30] mean if you guys are gonna do I even
[52:32] made these meetings really you know like
[52:34] I said you guys should do well you know
[52:36] what you know if the people wanna get in
[52:38] or you know make it you know 50 percent
[52:40] more or something and then you do it
[52:42] otherwise if you're gonna do it anyways
[52:43] yeah I really I don't know I just don't
[52:46] really I don't really know what the
[52:47] process is I would say if your taxes are
[52:49] a little bit lower than hundred percent
[52:50] of the people are not going to do it so
[52:53] I would say if your taxes or person's
[52:56] taxes are going to stay lower a hundred
[52:59] percent of those people are not going to
[53:00] do it but I can tell you we're listening
[53:02] to you we're listening for good
[53:04] arguments on it and if there's any one
[53:06] of us up here that's not listening raise
[53:08] your hand because I know we all are I
[53:10] know you're listening but you know like
[53:12] you know last time you know I think
[53:14] everyone I don't know how many people
[53:16] just as much and we've all weren't
[53:18] opposed to it you know we don't want to
[53:20] get it next and they're not you know you
[53:22] guys didn't and then you guys say okay
[53:24] we're proved in so I don't really see it
[53:26] but the point is and I know I know
[53:29] there's other people that don't show up
[53:30] because they probably just feel you know why even go it's they're gonna
[53:34] do it anyways you know we wanna just to
[53:36] make our voice that's all really for one
[53:38] thing it's law we have to have three
[53:40] readings on it okay yes but I think just
[53:45] thank you my name is Diane Petrovsky and
[53:56] I live at 891 for South 13th Street I do
[53:59] oppose this annexation I mean I don't
[54:03] think we much have much of a choice but
[54:04] my question is when we get annexed in
[54:07] and they decide to put in new streets or
[54:11] sewers are we going to get charged
[54:13] assessments against our property for the
[54:15] footage of our property I mean our roads
[54:19] right now are fine there's nothing wrong
[54:22] with them but I'm just concerned
[54:23] if the city decides later on all we need
[54:25] to put streets and sewers I mean because
[54:29] I know there's they've I've seen I used
[54:31] to work for Douglas County and I've seen
[54:33] I put assessments against properties
[54:35] I'll let our Public Works or Jeff or
[54:39] Chris answer but if I'm if I'm incorrect
[54:42] that when you're annexed into the city
[54:46] you're gonna get put into that capital
[54:48] improvement plan so we're gonna put the
[54:50] projects on our plan over the next one
[54:53] year five years ten years twenty years
[54:55] and eventually hopefully those streets
[54:59] they get into that plan they get
[55:01] improved over time it's not going to be
[55:02] done tomorrow
[55:03] now I would say if an area has a huge
[55:07] street start caving in or something
[55:09] there could possibly be a paving
[55:12] district but I'll let Jeff get into that
[55:15] mr. Roberts well we do have the ability
[55:20] to create paving districts where you
[55:21] would do special assessments but as a
[55:24] for for as long as I've been here we've
[55:27] never done that to anybody I'm guessing
[55:30] if it's just a street maintenance or
[55:32] something like that then you know city
[55:33] will come in and take care of a patch it
[55:35] do whatever as far as tearing out which
[55:37] you've got in and putting all brand-new
[55:40] curbs curved out streets with storms
[55:42] through and all that we're probably not
[55:43] going to do that for many many years
[55:45] because I mean it can cost a lot of
[55:47] money I've seen it run ten twenty
[55:50] thousand dollars and I don't want I mean
[55:52] a lot of these people you all know our
[55:53] taxes are gonna go up as it is I don't
[55:56] want to get charged another ten to
[55:57] twenty thousand because I know they go
[55:59] according to the footage of your
[56:00] property right correct yeah and yeah
[56:05] we're so he's not under obligation to go
[56:08] in and rip out anybody streets and
[56:10] change them and then you know if there's
[56:13] no need to do it but if the street start
[56:16] getting bad then they're gonna I said
[56:19] we've never done it before when we've
[56:21] done street work we put in new streets
[56:23] the city's always put a bill for it
[56:25] we've never assessed any prospects in
[56:27] Douglas County Dukes I used to work for
[56:28] the treasurer over there cities do do
[56:31] that those County Omaha yeah I know
[56:34] they've done at times
[56:35] but we never have here okay I mean you
[56:39] can't say for sure that no nothing's
[56:41] 100% guaranteed we have no plans I mean
[56:44] I know they said you have 50 days to pay
[56:46] it I mean who's got $10,000 to pay that
[56:48] in 50 I'll actually think you have seven
[56:50] years to pay it off with interest
[56:52] correct yeah yeah and the interest is
[56:55] pretty high ten to twelve understanding
[56:56] not hiring I couldn't tell you what yeah
[56:59] I know it's pretty high so that's what
[57:01] my concern is I mean I'm worried about
[57:02] the taxes oh I know my taxes are gonna
[57:04] go up an additional twelve hundred for
[57:07] the year because my assessed value went
[57:08] up twenty-six thousand plus with the
[57:11] levy going up from what it is it's gonna
[57:14] have a pretty increase but I'm more
[57:16] worried about special assessments I
[57:18] don't want to get a ten to twenty
[57:19] thousand dollar right and you also
[57:21] brought up those storm sewer you're just
[57:23] saying into a septic tank septic tanks
[57:26] and all that that if you have a septic
[57:27] now and it works fine you can keep it in
[57:30] the future if you can repair the septic
[57:32] or you have the land to do it you got
[57:34] the right kind of soil you can keep your
[57:36] septic we're not going to force anybody
[57:38] to hook up two sanitary line unless
[57:41] they're within a certain distance of an
[57:43] existing line now okay but then we have
[57:46] to pay for that that would be on the
[57:48] homeless yeah okay okay I just wanna let
[57:52] you know I do a pose but I just don't
[57:55] want to know ten to twenty thousand
[57:56] dollar a special assessment coming
[57:58] against me either
[57:59] there is no plans and no talk whatsoever
[58:01] of that so that's all I can tell you
[58:04] okay we're still on area number seven if
[58:23] anybody would like to speak regarding
[58:25] that area please come forward
[58:40] hi I'm Linda Eggman late 10:12 pass for
[58:45] Street and there are 11 acres on the
[58:50] land I'm trustee for my parents my
[58:52] parents owned the property and they're
[58:54] now deceased and we've used that line
[58:58] before horses so that's kind of the
[59:02] background I'd like to talk more about
[59:05] the people I know you're sitting there
[59:08] very nicely lissa hearing maybe you're
[59:12] listening but you're not hearing what we
[59:14] say and just maybe looking at the people
[59:18] in this area if you look at the map
[59:22] where most day agriculture and you are
[59:25] set up for the city you're set up for
[59:28] development and little Lots and we have
[59:34] trees that come down how many trees I
[59:37] have and how much brush I have my
[59:40] garbage works well now I think it you
[59:44] know I get out there and I chop it up
[59:46] into little sticks and get them in my
[59:48] trash can they take it away but it's a
[59:51] lot of work to live on an acreage or 11
[59:56] acres that on a place in town where you
[1:00:00] could mow your little lot and you don't
[1:00:03] have huge lots to mowing and you have no
[1:00:06] concept of the work that it takes to
[1:00:09] live on an acreage or a large piece of
[1:00:13] land my neighbors do my neighbors are
[1:00:17] upset about taxes because those
[1:00:21] they've lived in they're paid for so
[1:00:24] when the city people get a raise in
[1:00:26] taxes or assessment by the way my
[1:00:29] assessment is fifty five thousand so
[1:00:33] it's going to make an effect but when
[1:00:36] somebody has a loan then they just put
[1:00:40] parcel out over twelve months and their
[1:00:44] payment goes up but when we get taxes go
[1:00:49] up we have to pay it in a lump sum and
[1:00:54] people are retired out here they don't
[1:00:57] have the money to do that they're going
[1:00:59] to have to borrow the money this is a
[1:01:02] hardship it truly is I I don't think
[1:01:05] that if you're living in a city and
[1:01:08] comprehend what a hardship it is you
[1:01:11] know secondly improvements it would cost
[1:01:16] $90,000 for me to go into the water
[1:01:21] which is at the corner of Casper and
[1:01:24] 13th because we've looked into it so we
[1:01:28] have our well water you know ninety
[1:01:32] thousand dollars a lot of money to run a
[1:01:35] line all the way down is probably what
[1:01:38] two blocks down there at the corner of
[1:01:40] the high school so I'd love to have you
[1:01:44] come out and put water in it and I you
[1:01:47] know I I'd like that and have sewage
[1:01:50] come in and be able to take care of my
[1:01:52] property really well but you know it
[1:01:55] just doesn't work it just doesn't it
[1:02:00] doesn't work and I think that's a high
[1:02:05] and oh yes the land again
[1:02:09] look how much is agriculture mr. Bostic
[1:02:14] farms a lot of land the land across the
[1:02:17] street is farmed it's more than half
[1:02:21] agricultural area and that just that all
[1:02:26] goes by different rules than the city
[1:02:29] does
[1:02:30] yeah thank you thank you
[1:02:34] and actually I think that land across
[1:02:36] the street if you're where I'm thinking
[1:02:38] you are it's a they grow corn or beans
[1:02:40] on it it's like 10 acres it is 13 acres
[1:02:44] hassle because I was I was surprised
[1:02:48] that they don't have green belt on there
[1:02:49] they've never applied for it I am talk
[1:02:52] to them because I finally contacted them
[1:02:57] mr. Bostick's stepdaughter Klaus had up
[1:03:02] there for a spring and every year and
[1:03:05] she plans what soybeans on it so that's
[1:03:10] farmed it just that way and just does
[1:03:15] not fit your specification for the city
[1:03:19] yet it will someday but it's just not
[1:03:23] there yet thank you anyone else wishing
[1:03:30] to speak on area number 7
[1:03:32] please come forward
[1:03:40] seeing no one I will close the public
[1:03:43] hearing any additional questions from
[1:03:47] the council comments
[1:03:50] the third reading on area number seven
[1:03:53] will be this Thursday June 6th 2019 at 6
[1:03:57] p.m. here in the council chambers moving
[1:04:01] to items 12 C ordinance number three
[1:04:04] nine four seven annexation of area
[1:04:06] number eight Jim please read it into the
[1:04:08] record ordinance number three nine four
[1:04:11] seven a request to annex Lots one two
[1:04:14] three eleven and twelve divorce Keys
[1:04:18] industrial subdivision lots of one and
[1:04:20] two divorce keys Industrial sub reap lat
[1:04:24] one Lots 1 into T and L addition the
[1:04:29] southeast corner of tax lot for located
[1:04:32] in section 12 T 13 n r-13 e of the six
[1:04:36] p-m tax lot k part of the tax law J tax
[1:04:41] lot Z located in Section six T 13 an
[1:04:45] hour 13 e of the six pm tax lot 26 and
[1:04:50] part of tax lot 28 adjacent located in
[1:04:54] sections one section one t 13 and our 13
[1:04:58] D of the six per p.m. and all a budding
[1:05:01] county road right aways and to provide
[1:05:03] for the effective date of this ordinance
[1:05:05] applicant City of Bellevue thank you I
[1:05:08] will open up the public hearing for area
[1:05:11] number eight there's anyone wishing to
[1:05:12] speak on number eight please come
[1:05:14] forward
[1:05:33] good evening mayor and city council my
[1:05:35] name is Patrick Sullivan with Adams and
[1:05:37] Sullivan law firm 1246 Golden Gate Drive
[1:05:40] in Papillion
[1:05:41] I represent the Kouba family Bob Kubo
[1:05:45] who's on this farm for quite some time
[1:05:47] and that it's down in your lower left
[1:05:50] corner highlighted in blue it's
[1:05:53] approximately 93 acres
[1:05:55] Bob recently passed away a couple years
[1:05:59] ago and the children now own this farm
[1:06:03] in your packet and I know that I've
[1:06:06] inundated you with that not only
[1:06:09] electronically but I dropped off copies
[1:06:12] and I have copies for you again today
[1:06:13] but I would just like to walk through
[1:06:16] that packet for a moment and if you'd
[1:06:19] look on page 1 of that packet in page 2
[1:06:23] this property sits right on that angle
[1:06:28] that you'd see that goes from southeast
[1:06:30] and northwest right below that is the
[1:06:33] runway and then the runway runs north
[1:06:36] and south along that other piece there
[1:06:39] so this is kind of sitting right up into
[1:06:41] the inside angle of the two runways that
[1:06:49] property because of where it's located
[1:06:51] has is in what's in the egg who's the
[1:06:55] egg who's is a rating system not only
[1:06:57] for crash areas on both ends but also
[1:07:00] for decibel ratings for each property
[1:07:04] that's located along the sides of it as
[1:07:07] well
[1:07:08] this property is about 80 percent
[1:07:11] covered by either 80 decibels seventy
[1:07:13] five decibel or seventy decimal area
[1:07:15] which is illustrated on pages 1 & 2 when
[1:07:20] you go to get a building permit for this
[1:07:23] property you have to go through this
[1:07:26] ecus application process which includes
[1:07:29] being notifying the base engineer and
[1:07:34] the base
[1:07:34] then also makes comments on it based
[1:07:37] upon where this property is located is
[1:07:39] essentially surrounded either by the
[1:07:41] base or very high density housing the
[1:07:44] only likelihood of anything that could
[1:07:46] go in that area then and be compatible
[1:07:49] would also be some type of housing the
[1:07:53] difficulty with the housing in the a
[1:07:54] coos area and as illustrated I believe
[1:07:58] on page four is if you look at all of
[1:08:03] those areas they have footnotes that
[1:08:05] either say you can't build anything so
[1:08:08] 75 to 80 and 80 plus you can't build any
[1:08:12] housing in that area
[1:08:14] and then if you go into the 70 75 and 65
[1:08:19] 70 which is only about 30 percent of the
[1:08:21] property it has footnotes on those
[1:08:24] footnotes are then carried over I
[1:08:26] believe on page 6 in which there are
[1:08:31] very high degrees of insulation and
[1:08:35] otherwise that you have to reduce the
[1:08:37] decibel rating to that's under footnotes
[1:08:40] 25 30 or 35 and then on note 11 as you
[1:08:45] read that they say they strongly
[1:08:46] discourage any housing residential use
[1:08:50] in that area and an evaluation should be
[1:08:52] conducted prior to approvals indicating
[1:08:55] that a demonstrated community need for
[1:08:57] residential use would not be met if
[1:09:00] development were prohibited in these
[1:09:02] zones and they're no viable alternative
[1:09:04] locations I've experienced dealing with
[1:09:07] the egg who's in a number of times in a
[1:09:09] area that is not nearly as impacted as
[1:09:11] this area by the acres and the engineer
[1:09:14] has essentially sent letters to the city
[1:09:16] of Bellevue that has said we don't want
[1:09:17] anything there that's residential we and
[1:09:20] we would just as soon not have any
[1:09:22] buildings in that area as well so the
[1:09:26] issue and the problem that we have is
[1:09:28] that this property truly is a farm it's
[1:09:31] rural in nature the only thing that on
[1:09:34] it on it is a farm building a
[1:09:36] dilapidated house that was built prior
[1:09:38] to the egg whose zoning nobody lives on
[1:09:42] this farm I don't think anybody wouldn't
[1:09:43] want to live on this farm
[1:09:46] and it will continue to be rural in
[1:09:49] nature they put beans on it one year
[1:09:51] they put corn the other year so aside
[1:09:55] from these smaller parcels that are have
[1:09:59] green belt this is actually a large farm
[1:10:02] that will it be nothing ever than a farm
[1:10:06] in fact I think if you look if the acres
[1:10:09] could have been put in prior to some of
[1:10:11] the development of Bellevue you would
[1:10:13] have seen other areas in that corner
[1:10:14] that would not have had housing either
[1:10:16] but they certainly aren't going to allow
[1:10:18] any future housing I'd also note in the
[1:10:21] packet and I believe it's just second to
[1:10:23] last page that if you can try to wrap it
[1:10:25] up and just share 30 seconds or so
[1:10:27] yep the council ask you questions too
[1:10:29] yep if you'll look under your
[1:10:31] comprehensive plan you have areas legend
[1:10:34] of annexation potential priority if you
[1:10:38] look there's low medium and high mmm in
[1:10:42] your comprehensive plan there is no
[1:10:44] indication to annexes property at all
[1:10:46] and then the file page this property
[1:10:50] actually was annexed back in 2003 I gave
[1:10:53] a similar presentation back in 2003 of
[1:10:57] the circumstances with this property and
[1:11:00] council at that time reversed their
[1:11:03] decision and detached the property and
[1:11:06] did not include it within the city
[1:11:08] limits because truly it was rural and
[1:11:10] character and would continue to be so I
[1:11:13] don't that's it questions for mr.
[1:11:17] Sullivan Councilwoman watch so mr.
[1:11:22] Sullivan did you mention that this
[1:11:24] property is at the end of the runway at
[1:11:26] Offutt is it sad it's at the where the
[1:11:29] crux of the runner runway runs north and
[1:11:31] south and then kind of an angle north
[1:11:35] from the Northwest to the southeast so
[1:11:38] it would be like this way well right
[1:11:41] there'd be like this and the property
[1:11:43] sits right here
[1:11:44] okay so with the flooding that happened
[1:11:47] on the runway over by the Harlan Lewis
[1:11:52] do either married it's behind Paradise
[1:11:54] Lake so okay what the flooding that
[1:11:56] happened there and
[1:11:59] budget from the government that they're
[1:12:01] talking about with repairs and that kind
[1:12:02] of stuff is there any indicator that
[1:12:04] Offutt may purchase this property we've
[1:12:06] had no indication to that point no okay
[1:12:10] and just to give you an idea of how
[1:12:13] close this is to those two runways bob
[1:12:16] was down there fixing fence and he had
[1:12:18] MP show up with machine guns next to him
[1:12:20] asking him what he was doing I mean it
[1:12:23] literally sits right up against the
[1:12:25] runways question for Chris shoot Chuck
[1:12:29] back when Paradise Lakes was approved is
[1:12:32] this a ques the same back then as it is
[1:12:34] now or is that changed I believe it's
[1:12:40] the same sorry I should've asked you
[1:12:43] that before him I'm trying to think
[1:12:46] Paradise Park was approved about the
[1:12:49] time I started with the city just before
[1:12:52] that and I think the anchors ordinance
[1:12:54] was in effect at that time so it
[1:12:57] wouldn't be a whole lot different than
[1:12:58] that because I know it right in your
[1:13:01] opinion or a lot of it's fairly similar
[1:13:05] I mean that's my question is there's a
[1:13:09] couple different of purchasers out there
[1:13:12] that are interested in the Paradise
[1:13:14] Lakes area so if you let me address that
[1:13:18] if I could go over to the screen did you
[1:13:20] actually do you represent Paradise Beck
[1:13:22] dinner yeah okay so that a cooz goes
[1:13:28] like this okay and it gets lower depths
[1:13:36] down here so when you get down here
[1:13:38] the ecus is much lower concentration
[1:13:45] than it is here right so this comes
[1:13:49] across like this so the lines go like
[1:13:51] this and they're captured by the 65 our
[1:13:56] 65 runs right here so there they are
[1:14:06] and I and I just mr. Schue chuck could
[1:14:11] probably advise if we send this to city
[1:14:14] engineers and say we want to put homes
[1:14:15] in here the reaction that we would get
[1:14:18] from the city from the base engineer
[1:14:21] they would probably discourage it yeah I
[1:14:28] guess I'm looking at the map that you
[1:14:30] had and it looks like the lines of
[1:14:31] decimals the same as Paradise Lakes I'm
[1:14:33] so have to look at that a little closer
[1:14:35] so if we want to make a note of that and
[1:14:40] talk about that later
[1:14:44] any other questions I do have one more
[1:14:48] question this annexation potential plan
[1:14:50] mm-hmm that you gave us when was this
[1:14:52] created believe it was created in the
[1:14:54] last time the comprehensive plan was
[1:14:56] done and that was 2011
[1:14:59] is that correct 2011 how often do those
[1:15:04] plans change prior to that had been a
[1:15:11] long time since we had updated the comp
[1:15:14] plan well we'll probably look at doing
[1:15:18] it once we get census information again
[1:15:20] and you know have a better idea of the
[1:15:24] population of the city and the services
[1:15:25] that are needed with the city okay thank
[1:15:28] you and one more for mr. Shue Chuck I
[1:15:33] guess what if a person just trying to
[1:15:35] get all this what if a person want to
[1:15:37] put like six 15 acre Lots in there it's
[1:15:44] not a possibility in there I get back to
[1:15:49] you there's yeah I don't know there are
[1:15:53] some density provisions within the
[1:15:56] footnote on the spot you can answer that
[1:16:02] just get it back to the council members
[1:16:04] tomorrow morning if you could I guess I
[1:16:07] would finally mentioned a paradise park
[1:16:09] or to rebuild or ask to rebuild today
[1:16:11] and get that zoning base engineering
[1:16:14] would HIGHLY discourage it
[1:16:18] all right thank you anyone else wishing
[1:16:23] to speak on area number eight please
[1:16:26] come forward
[1:16:47] good evening my name is Matt Ramsey I
[1:16:50] live at 8 to 2 Porto Avenue and prepared
[1:16:57] remarks it's more to keep me on point
[1:16:59] than anything so sure we start with what
[1:17:02] is a city in village of Niobrara versus
[1:17:04] tishy the United in a brass coast
[1:17:06] bringing court's opinion states the
[1:17:08] legal as well as a popular idea of a
[1:17:10] Municipal Corporation in this country
[1:17:12] both by name and by use is that of
[1:17:14] oneness a collective body that is a body
[1:17:17] of people collected or gathered together
[1:17:18] in one mass not separated in two
[1:17:21] distinct masses and having a community
[1:17:23] of interest because residents of the
[1:17:25] same place so as to a territorial extent
[1:17:28] the idea of a city is one of unity not a
[1:17:30] plurality of compactness or continuity
[1:17:33] not separation or segregation contiguous
[1:17:37] generally required even the absence of
[1:17:39] statutory requirements to that effect
[1:17:41] well cities of the first class are given
[1:17:43] authority under chapter 16 of the
[1:17:45] Nebraska Revised Statutes and
[1:17:47] specifically Nebraska Revised Statutes
[1:17:49] 16 - 117 to extend our city limits
[1:17:52] subject to certain limitations 16 117
[1:17:57] section 1 states the mayor and city
[1:17:58] council of the city of the first class
[1:17:59] made by ordinance at any time include
[1:18:01] within the corporate limits of such city
[1:18:03] any contiguous or adjacent lands and
[1:18:08] also statue 1 that's 16 1 18 states
[1:18:11] Lance tract streets and highways shall
[1:18:14] be deemed contiguous although a stream
[1:18:16] embankment strip or parcel of land not
[1:18:18] more than 200 feet wide lies between the
[1:18:20] same in the corporate limits so if you
[1:18:24] scroll down on the map here so I look at
[1:18:30] the map of the annexation that
[1:18:31] is 8 9 the property annexed by Bellevue
[1:18:33] in 2008 seems to be a flag without a
[1:18:36] pole is not continuous to the previous
[1:18:40] bellevue city limits and the gap between
[1:18:42] these two years exceeds 200 feet if
[1:18:45] challenged this annexation was most
[1:18:46] likely been nullified now going back to
[1:18:50] the courts definition of what a city is
[1:18:52] we see that Bellevue is no longer a
[1:18:53] unified municipality either but rather
[1:18:55] one of plurality we now have Bellevue
[1:18:58] and other values as such any attempt to
[1:19:02] annex lands that are solely contiguous
[1:19:04] to other value which is at the bottom of
[1:19:06] this map would be an act of plurality it
[1:19:09] would not be an extension of the main
[1:19:11] body of Bellevue as such any attack on
[1:19:14] the annexation ordinance that is solely
[1:19:16] contiguous to other Bellevue will also
[1:19:18] challenge the legal effect of the 2008
[1:19:20] ordinance in addition looking at tax
[1:19:24] like a parcel tax lot Jay that's a
[1:19:28] little blue horizontal rectangle that's
[1:19:30] out there all by itself it occurred on
[1:19:33] this map the dis section is not
[1:19:35] contiguous to any part of Bellevue
[1:19:37] usually when a municipality tries to do
[1:19:39] a strip or flagpole annexation that
[1:19:41] makes sure that at least one small
[1:19:43] portion of the land is connected to the
[1:19:44] corporate limits of the city when
[1:19:47] challenged these annexations are
[1:19:48] regularly nullified by the courts as
[1:19:50] they fill the contiguous test as stated
[1:19:53] in Sarpy V Papillion the powers
[1:19:56] delegated to municipal corporations to
[1:19:58] annex territory must be exercised in
[1:20:01] strict accord with the statute
[1:20:03] conferring it in conclusion I am opposed
[1:20:06] to any axial annexation that is not
[1:20:08] contiguous to the main body of Bellevue
[1:20:10] thank you thank you I'm gonna turn that
[1:20:16] over to our attorney Bree but I can and
[1:20:19] this is a going off past memory but when
[1:20:22] they annexed that area to the south it
[1:20:26] stood the time to challenge from what I
[1:20:28] understand and there was no challenge on
[1:20:33] it so I'm assuming that's part of me
[1:20:38] much of that land is owned by the City
[1:20:40] of Bellevue yeah some of it and then the
[1:20:43] rest
[1:20:43] a large majority it seems to be owned by
[1:20:46] Bellevue future development LLC's it's a separate private entity it's not
[1:20:53] Bellevue it has nothing to it the city
[1:20:54] above you
[1:20:55] they an tax that to bring it I believe
[1:20:57] to put the baseball world baseball
[1:20:58] village in there and for for finance its
[1:21:01] purpose are the corporation that was
[1:21:03] working with Bellevue do developed the
[1:21:05] baseball softball complex I don't know
[1:21:08] if it's the same corporation or a
[1:21:10] separate one so I don't know that answer
[1:21:11] I don't see where they'd have any
[1:21:13] interest in opposing the annexation the
[1:21:17] county attorney I'm not turned over
[1:21:19] brizel the county attorney could have
[1:21:22] opposed that and brought a suit against
[1:21:23] the city if the city didn't want to sue
[1:21:25] itself in that situation but since that
[1:21:28] wasn't challenged that is an effective
[1:21:30] annexation additionally I would direct
[1:21:32] you to 16 - 130 which is the correct
[1:21:35] statute it's not 16 - 1 1 7 so I just
[1:21:39] direct your attention to that we will
[1:21:41] review any of your concerns and I'm
[1:21:44] happy to answer any questions from
[1:21:45] Council tomorrow prior to the vote but
[1:21:48] as far as the - a 2008 annexation that
[1:21:51] is effective and any annexations
[1:21:53] presented today and voted on on Thursday
[1:21:56] have already been looked at and they're
[1:21:57] contiguous and adjacent and I guess I'd
[1:22:02] like to add that that space in between
[1:22:04] is the the air base off at Air Force
[1:22:07] Base and the city does have the power to
[1:22:09] annex the base but I believe we're there
[1:22:12] was a being a good neighbor type
[1:22:14] situation back then and we opposed to go
[1:22:18] this route which was never challenged
[1:22:22] okay well if you look at 16 130 section
[1:22:25] 2 it still requires that annexations be
[1:22:31] of contiguous and adjacent lands that's
[1:22:34] correct sir and since there was no
[1:22:37] challenge in the 2008 one it's an
[1:22:39] effective annexation and these
[1:22:43] annexations are adjacent and contiguous
[1:22:54] tax like a partial tax like Jay a little
[1:23:00] horizontal rectangle by its lonesome
[1:23:06] also owned by the City of Bellevue
[1:23:08] therefore there be no objection to it by
[1:23:11] the city however you are still bound by
[1:23:14] state statute I don't know which
[1:23:20] persuade you're talking about our
[1:23:22] reigning city limits here face other
[1:23:35] bill you this is the one that I'm
[1:23:38] referring to right here my question is
[1:23:42] how is this contiguous and adjacent to
[1:23:44] Bellevue
[1:23:45] I don't understand your question how
[1:23:55] it's not it's touching the border of
[1:23:56] Bellevue it's something that we'll
[1:24:00] review I mean we appreciate you bringing
[1:24:02] that to our attention I will look at
[1:24:03] that in more detail look at that
[1:24:05] specific lot and the boundaries in a
[1:24:06] hospital conversation with counsel
[1:24:08] that's me just looking at it it looks
[1:24:10] like it's also recommend you review
[1:24:24] Sarpy versus Papillion with respect to
[1:24:27] strip and 5-pole annexations and that's
[1:24:32] all I have unless there's any other
[1:24:33] questions at this time
[1:24:35] thank you very much thank you is that
[1:24:38] the police shooting gray well review
[1:24:50] that
[1:24:53] any other questions or any other
[1:24:55] speakers for area number 8 please come
[1:25:00] forward seeing nobody I'll close the
[1:25:05] public hearing for number 8 the third
[1:25:09] reading for area number 8 will be this
[1:25:11] Thursday June 6 2019 at 6 p.m. here in
[1:25:14] the council chambers move on to 12 D
[1:25:20] ordinance number three nine four eight
[1:25:22] annexation of area number nine Jim
[1:25:26] please read into the record ordinance
[1:25:29] number three nine four eight a request
[1:25:31] to annex lot 10a east of relocated mopac
[1:25:34] railroad and south of drainage ditch
[1:25:36] part of lot 10a west of relocated mopac
[1:25:40] railroad and south of drainage ditch
[1:25:42] part of lot 10 b south and west of
[1:25:45] drainage ditch poem tag subdivision
[1:25:47] abandoned railroad right away adjacent
[1:25:50] and lot five and part of lot six part of
[1:25:53] lot seven and vacated Street adjacent
[1:25:55] Lots five six and seven
[1:25:58] Butterfield subdivision tax lot II in
[1:26:01] Northwest one quarter located in Section
[1:26:04] 11 t 13 n R 13 e of the six pm tax Lots
[1:26:10] one and two a and part of tax Laden to
[1:26:14] tax lot six east of railroad and
[1:26:17] abandoned part abandoned railroad parcel
[1:26:20] number zero one zero six one four two
[1:26:23] three o tax lot to be part of tax lot
[1:26:27] six
[1:26:28] and part of tax lap one a regular
[1:26:30] westerly seven twenty four point six
[1:26:34] seven feet of tax lot 11 except right
[1:26:36] away in North West one-quarter tax lot
[1:26:40] eleven except west I've one fifty one
[1:26:43] point four two acres and except Road
[1:26:46] right away a regular tract in northwest
[1:26:49] corner of tax lot twelve except right
[1:26:52] away southwest one-quarter tax lot
[1:26:55] twelve
[1:26:56] except right away and tract in northwest
[1:26:59] corner an easterly track all in south
[1:27:01] one half a regular easterly 148 feet of
[1:27:05] tax law
[1:27:05] twelve in Southeast 1/4 located in
[1:27:09] section 14 to 13 an hour 13 II of the 6
[1:27:14] p.m. in all abutting County Road right
[1:27:16] aways and to provide for the effective
[1:27:18] date of this ordinance applicant City of
[1:27:20] Bellevue thank you
[1:27:22] all open area number 9 up for a public
[1:27:26] hearing if you're here to speak for or
[1:27:28] against please come forward my name is
[1:27:37] Philip Eason Philip with one L I'm the
[1:27:42] general manager for the darling
[1:27:44] ingredients bellevue facility and as an
[1:27:50] employee of darling we have some have
[1:27:52] some questions about the indexation
[1:27:56] almost all of the property to be annexed
[1:27:59] in this section is darling property
[1:28:03] we're not exactly clear on why this
[1:28:08] property would be annexed into the city
[1:28:10] we have approximately 221 acres of farm
[1:28:15] ground 160 acres of that is tillable a
[1:28:18] lot there's a small language on it and
[1:28:22] the rest is I want to say agricultural
[1:28:32] no it's not agriculture it's wetlands
[1:28:34] I'm sorry ends okay sorry I lost my
[1:28:36] train of thought there the rest of that
[1:28:37] is wetlands so before I go any farther I
[1:28:41] want to thank you for the opportunity to come and visit about this with you
[1:28:45] guys share a few of our ideas I also
[1:28:47] want to really tell you I really
[1:28:49] appreciate you carrying on the tradition
[1:28:52] of the pledge of allegiance and an
[1:28:55] opening prayer before the committee I
[1:28:57] think that's very very valuable part of
[1:29:00] our history so I appreciate you all
[1:29:02] doing that again as I mentioned 221
[1:29:05] acres of that property be annexed is
[1:29:07] farm ground our our industry is actually
[1:29:13] at agricultural industry earlier someone
[1:29:17] in the
[1:29:18] one of you mentioned recycling and the
[1:29:23] projects and the aggressiveness about
[1:29:26] recycling that Bellevue has done and
[1:29:31] other people are looking at us there's a
[1:29:34] book written about our industry and the
[1:29:36] name of the book is the original
[1:29:37] recyclers so our industry is a very very
[1:29:41] valuable part of the recycling industry
[1:29:45] we don't understand and I would question
[1:29:49] how this would be beneficial to darling
[1:29:53] as far as the annexation what that would
[1:29:57] bring us our utilities are through City
[1:30:01] of Omaha m UD o Peabody and cornerstone
[1:30:05] energy I seriously doubt if our trash
[1:30:09] pickup will drop to $13 they won't
[1:30:13] understand oh I wanted it I wanted to
[1:30:16] interject it I wanted to thank the
[1:30:18] county assessor for adding the equity to
[1:30:20] my home that he did here recently so I'm
[1:30:22] sure you probably never xxx thought you
[1:30:25] hear that angle but I'd like to read you
[1:30:28] some repartee at least some darling
[1:30:30] asked and composed a letter to the
[1:30:34] Planning Department I was able to visit
[1:30:37] with mr. Shue Chuck briefly we were a
[1:30:41] little late on getting notification part
[1:30:44] of that was our company's fault but it
[1:30:48] was a short notice I didn't have a lot
[1:30:49] of time to prepare things here but one
[1:30:53] of the things that we visited about was
[1:30:56] the special Greenbelt valuation and I
[1:30:58] was informed that we would lose that on
[1:31:01] our farm property which is going to be a
[1:31:03] huge huge jump in our our tax
[1:31:06] liabilities I think in the rest of the
[1:31:09] property that we own will probably be a
[1:31:11] huge increase in our tax liability but
[1:31:15] I'd like to read you one paragraph from
[1:31:18] the letter we can post and sent to the
[1:31:20] Planning Department just today
[1:31:27] and it includes this darling objects to
[1:31:30] propose Ana's a ssin of his plant and
[1:31:33] property on the following grounds number
[1:31:35] one the annexation is improper due to an
[1:31:39] improper purpose number two some are all
[1:31:42] of the land owned by darling is
[1:31:44] agriculture agricultural and is not
[1:31:47] urban or suburban and character number
[1:31:50] three the annexation violates the
[1:31:52] requirement under Nebraska law that the
[1:31:55] annexation be continuous or adjacent and
[1:31:59] number four darling is concerned the
[1:32:02] gravel roads next to darlings plant
[1:32:04] which require weekly grading in order to
[1:32:07] be maintained may not be adequately
[1:32:10] maintained if the city of bidding you
[1:32:12] takes over the roads I guess I would ask
[1:32:14] the question does the City of Bellevue
[1:32:16] own a road grader we do not own a road
[1:32:21] grader and I can have mr. Roberts what's
[1:32:25] the drug but and finish your I guess a
[1:32:27] little address yes the question I would
[1:32:28] add to that is how do you how you going
[1:32:30] to maintain a gravel road with heavy
[1:32:33] truck traffic when you don't even own a
[1:32:35] maintainer I'm gonna guess but if I'm
[1:32:37] wrong we have a lot of situations around
[1:32:40] the city where we will swap county
[1:32:42] responsibilities so we'll pick up some
[1:32:45] of the counties still maintain that road
[1:32:46] maybe it's possibility it's possible we
[1:32:49] can make arrangements for them to do
[1:32:50] that with their grater and then we just
[1:32:53] swap services with them for someplace
[1:32:54] else what advantages it to the city to
[1:32:58] an except property this is not a
[1:33:00] residential property this is not urban
[1:33:07] property this is farm ground and it will
[1:33:10] remain far as long as d'arnot's which
[1:33:13] will be a long time so I don't see an
[1:33:17] advantage to the City of Bellevue I
[1:33:19] don't see any advantage whatsoever -
[1:33:22] darling ingredients and I don't
[1:33:24] understand why you want to annex a area
[1:33:28] where I would say over 80 percent of
[1:33:32] that property belongs to one one entity
[1:33:37] I would entertain some questions I'll do
[1:33:39] my best to answer them and there are
[1:33:42] some other people here from darling it
[1:33:43] may be able to answer those questions
[1:33:46] better than I okay I'll start off the
[1:33:51] answer to why would the city want to do
[1:33:53] it you've sat through all these other
[1:33:55] annexations here that's kind of filling
[1:33:57] in the holes it's building our
[1:33:58] foundation as a city the other part of
[1:34:01] annexation is for the proper growth of
[1:34:04] Bellevue you've also heard we need to be
[1:34:08] contiguous in our growth we can't jump
[1:34:11] over darling so your your property does
[1:34:16] sit right in the middle of growth we've
[1:34:19] got the Kennedy freeway highway 34
[1:34:22] interchange that is a huge part of
[1:34:24] Bellevue's future we want to make sure
[1:34:26] that it's set up correctly you have a
[1:34:29] subdivision right south of you there's
[1:34:31] some industrial some apartments and
[1:34:33] houses that's definitely ready for
[1:34:35] annexation there's no property adjacent
[1:34:41] to ours
[1:34:43] there is no it's within the 200 foot
[1:34:48] Robert Robert I believe I'll turn that
[1:34:53] one over to mr. Schue Chuck actually
[1:34:56] part of your property actually is
[1:34:58] adjacent to the city property to see
[1:35:01] current city limits on the east side
[1:35:03] there then we also your bigger parcels
[1:35:10] once we if we annex where the plant is
[1:35:12] we get the County Road as well so the
[1:35:15] County Road with them you actually right
[1:35:17] adjacent to your cars property between
[1:35:19] the city property and darling property
[1:35:22] it's owned by the Papio Creek
[1:35:24] Development
[1:35:28] there's also property they're owned by
[1:35:31] Sarpy County on the north side and there
[1:35:34] is property owned by the United States
[1:35:35] government on the northeast corner that
[1:35:38] is between city property and darling
[1:35:40] property not are you confusing city
[1:35:43] property with city limits you are well
[1:35:48] that's what I mean you are Jo Creek and
[1:35:56] the I think it's the Corps of Engineers
[1:35:57] that owned that property and I don't
[1:36:01] believe that is within city limits of
[1:36:02] bellevue there is property within the
[1:36:05] city limits of bellevue that is adjacent
[1:36:07] to your property where you see that long
[1:36:12] narrow sliver there yep that is adjacent
[1:36:15] to the city limits that little the long
[1:36:18] piece of that darling else yes
[1:36:20] where does the city limits at that line
[1:36:22] is incorrect the black line the black
[1:36:25] line we have direct the second one
[1:36:26] there's no property there where the line
[1:36:29] where the gap is is where the Papio
[1:36:31] Creek owns and Corps of Engineers and
[1:36:36] the city does not there's no property
[1:36:38] that's part of the sealers there's no
[1:36:40] property between the Papio Creek
[1:36:42] property and the darling property so it
[1:36:45] can't be part of seasons look at the map
[1:36:47] it is it doesn't matter who owns it it's
[1:36:53] in the city limits either Papio Creek
[1:36:54] owns it or darling on your map is
[1:37:00] exclude so are you are you suggesting we
[1:37:03] cannot jump a creek boom by the NRD
[1:37:06] that's my question
[1:37:08] it's our just I'm just making that
[1:37:10] argument because I know that then the
[1:37:12] Salem us does not run adjacent to the
[1:37:16] darling international or darling and
[1:37:17] greenies property I believe the map is
[1:37:20] incorrect
[1:37:25] so you're saying that little tiny area
[1:37:28] that's got the black hatches around yeah
[1:37:30] where you stuff the black doesn't own
[1:37:32] that Cydia there's no or the city owned
[1:37:35] by pet it's right in it's not in the
[1:37:37] city limits though you tell me it is who
[1:37:42] owns it doesn't matter who owns it
[1:37:45] there's nothing there there's one saying
[1:37:47] there's no property there that is not
[1:37:49] owned by darling or the Papio Creek
[1:37:52] district it doesn't matter if it's owned
[1:37:54] by the NRD it's still in the city limits
[1:37:57] then why is where is there gap between
[1:38:00] it
[1:38:02] well the city limits is not you just
[1:38:06] have a line well how long's up how wide
[1:38:08] that line four foot six foot with an
[1:38:11] area we can slide over that you can look
[1:38:34] on the county s IP map also
[1:40:37] so when the way I'm looking at that so
[1:40:40] when this last annexation took place
[1:40:42] that small parcel and again it doesn't
[1:40:44] matter who owns it it was annexed into
[1:40:47] the city is that correct mr. Shue Chuck
[1:40:49] yes Rd the United States owns a portion
[1:41:01] of it Papio Missouri owns part of it but
[1:41:07] it's within the city limits part of
[1:41:13] what's contained in that shape right
[1:41:14] there mm-hmm
[1:41:16] that's the city limits and it can be we
[1:41:18] can annex the whole base if we want to
[1:41:20] but you said that you did right what
[1:41:23] this is well there's another portion of
[1:41:26] the base that is annexed it's we did I
[1:41:29] can't talk about the agreement they came
[1:41:32] up with back when they ant access
[1:41:34] because I wasn't there but there's
[1:41:37] nothing wrong with annexing okay so
[1:41:40] what's the purpose of vanishing the
[1:41:42] Bellevue property then the are you
[1:41:49] talking about the big piece that was
[1:41:50] annexed years ago no I'm talking about
[1:41:53] I'm sorry I said Bellevue properly I
[1:41:55] apologize I mean the darling property
[1:41:57] what's the purpose of annexing the
[1:41:59] darling property it's to keep those that
[1:42:01] contiguous growth for Bellevue to reach
[1:42:05] those areas I mean you said in the
[1:42:07] letter or somebody said in the letter
[1:42:08] that it was there since 1940 and you
[1:42:11] said in your statement that it's always
[1:42:13] going to be farm as long as darling owns
[1:42:15] that which I can imagine could be the
[1:42:16] next 200 years so if we didn't annex
[1:42:20] that area how would we ever grow how
[1:42:22] would we ever China's that help you grow
[1:42:24] there's nothing there you can't mean it
[1:42:26] can't be developed its wetlands it's not
[1:42:29] going to be developed all it does is I
[1:42:32] mean are you looking to expand
[1:42:36] I don't know that properties matter
[1:42:38] that's part of it I mean the getting
[1:42:41] down to the interchange we just talked
[1:42:43] about what you just annexed Normandy
[1:42:45] Hills now with dark
[1:42:49] we're annexing several subdivisions in
[1:42:52] our next package okay so the plan is
[1:42:56] that and it's darling property so that
[1:43:00] you can expand beyond darling you know
[1:43:04] it's to set up for future growth so the
[1:43:07] city has that means to if we get a
[1:43:10] developer that wants to come in down
[1:43:11] along Highway 34 for instance the or
[1:43:15] Kennedy in 34 if we want a bond sewer or
[1:43:20] water to get that down to that area
[1:43:24] can't bond it if it's not in the city so
[1:43:26] we need to be ready and the city needs
[1:43:28] to grow properly and that's that's the
[1:43:31] purpose so it's the purpose is to annex
[1:43:34] darling and then expand beyond darling
[1:43:36] correct okay how's my question anything
[1:43:40] else I can possibly answer for you any
[1:43:45] questions for mr. Reese okay thank you
[1:43:51] one of the biggest issues one of the
[1:43:53] large issues for us is the special
[1:43:55] Greenbelt valuation for our farm
[1:43:56] property two hundred and twenty acres
[1:43:59] not a huge amount of farm property as it
[1:44:02] these days but that's gonna be a very
[1:44:05] large increase in taxable liability for
[1:44:08] our company and of course we're going to
[1:44:11] redditor everything we can to prevent
[1:44:13] that from happening
[1:44:15] along with maintenance issues that we're
[1:44:19] concerned about and I think that's about
[1:44:23] all I'd like to say right now all right
[1:44:26] thank you thank you very much for your
[1:44:27] time I would just remind you that the
[1:44:30] protest period ends June 30th if you're
[1:44:33] going to protest that valuation and make
[1:44:36] a difference so keep that in mind if
[1:44:38] you're going to the Board of
[1:44:39] Equalization if it's truly undeveloped
[1:44:42] with the ground that needs to be brought
[1:44:44] up with the accounting assessor because
[1:44:45] they're the ones but puts the values on
[1:44:47] the
[1:45:08] my name is Brian Fisher partner qtek
[1:45:12] Rock 1650 Farnam Street Omaha Nebraska
[1:45:15] I represent darling international and I
[1:45:18] offered the letter that was referenced
[1:45:20] that was provided today sorry I got
[1:45:23] engaged in this matter late yesterday so
[1:45:25] I've got this together to get some
[1:45:28] thoughts together on this annexation
[1:45:29] I'll be very brief you can read my
[1:45:31] letter I just asked the letter to be
[1:45:32] part of the record and ultimately I want
[1:45:35] to just briefly state I think darling is
[1:45:37] willing to try to negotiate a resolution
[1:45:39] to this and that's why I do ask for a
[1:45:42] 30-day layover to have some discussions
[1:45:44] on this because in reviewing the the
[1:45:46] relevant case law and all of this there
[1:45:48] are at least four grounds any one of
[1:45:50] which I believe could could be a
[1:45:53] challenge of valid challenge that would
[1:45:54] work to stop this annexation completely
[1:45:57] and I'm not sure the taxpayers at
[1:45:58] Bellevue need to pay for that and I
[1:46:00] think we could work it out if we had
[1:46:02] some time you know when it comes to the
[1:46:04] contiguous issue that was discussed you
[1:46:08] know the real question is court Nebraska
[1:46:11] hasn't addressed whether the city can
[1:46:13] buy property and exit because it's not
[1:46:16] going to object to its own accusation
[1:46:17] and then use that to be contiguous even
[1:46:20] though the whole section is separated
[1:46:22] from the rest of the city I think that's
[1:46:24] an open question you know of course the
[1:46:25] City of Bellevue did try to annex the
[1:46:27] entire base back in 1971 the US District
[1:46:30] Court denied that and there's also a
[1:46:33] question of whether you can have that
[1:46:35] big of a space between the city and the
[1:46:38] annexation package and jump over that
[1:46:40] and be valid I think that's another
[1:46:41] legal issue that I think is open
[1:46:43] question in addition if you look at
[1:46:47] particularly the part that's in and
[1:46:49] number fourteen over there that Arlene
[1:46:52] Darling owns a considerable portion of
[1:46:54] it's a couple hundred acres right there
[1:46:57] that's not going to be developed some of
[1:46:59] it is in a lowland that is not suitable
[1:47:01] for
[1:47:02] development the real question is if the
[1:47:05] ultimate goal is to get to the
[1:47:07] subdivision that's to the south you know
[1:47:10] I believe it's the Normandy Hills a
[1:47:13] neighborhood if that's the I was stated
[1:47:15] as the reason I think if that's the bat
[1:47:17] the reason for proceeding with the
[1:47:19] annexation I think it's invalid under
[1:47:21] Nebraska law I think you can't you you
[1:47:24] can't add in agricultural land to get to
[1:47:26] a subdivision at least things I think
[1:47:29] the least it's up for legal discussion
[1:47:30] of what you can and there's some
[1:47:33] Authority out there on that question and
[1:47:36] then the final thing I think really is
[1:47:39] you know if there is a concern we got a
[1:47:43] lot of trucks going on this road and as
[1:47:46] outlined by the darling representative
[1:47:49] this is you know Sarpy County has the
[1:47:51] people in the facilities and if the city
[1:47:53] could make a deal to get that road
[1:47:55] continuing to maintained the real issue
[1:47:57] is if the city has an ultimate plan to
[1:47:59] make a lot more traffic on that road
[1:48:01] it's a safety issue as well and just
[1:48:06] wanted to state that for the record as
[1:48:07] well because if that's the direction
[1:48:08] they're heading and they proceed with
[1:48:09] this annexation that's that's something
[1:48:12] that you know darling has been there a
[1:48:13] long time they've been a great neighbor
[1:48:15] from what I've heard I've been
[1:48:16] investigated and they've they've really
[1:48:19] been a good part of the community for
[1:48:20] many decades or their predecessor has
[1:48:22] and so what I've just asked is a 30 day
[1:48:25] layover how allow us to sit down and
[1:48:27] talk about it see if there's a
[1:48:28] resolution that would allow the city to
[1:48:31] do what we it wants to do and preserve
[1:48:33] what darling would like to do I would
[1:48:36] like to preserve in its interest and
[1:48:38] then save people a lot of trouble so
[1:48:40] that that either proposal and I would be
[1:48:42] happy to answer any questions any
[1:48:47] questions all right thank you
[1:48:59] they're like members of the bellevue
[1:49:02] city council my name is Jim Lange I'm an
[1:49:04] attorney 85 26 F Street Omaha Nebraska I
[1:49:08] represent Frank Ricci mr. Krejci is the
[1:49:11] owner of a 50 85 acre parcel of land at
[1:49:14] the southeast Fairview Road and Fork
[1:49:18] Creek Road this land is agricultural
[1:49:21] land it's farm there's no structures no
[1:49:23] one lives there it's not contiguous
[1:49:25] we've heard the continuous arguments and
[1:49:27] but it's not contiguous and it's also
[1:49:30] agricultural land and under section 16
[1:49:33] 130 for the city to annex it has to be
[1:49:36] agricultural it cannot be agricultural
[1:49:38] got to be urban or suburban in nature
[1:49:40] and contiguous so we've heard those
[1:49:42] arguments and we believe they're Bella
[1:49:44] in this case as well the Planning
[1:49:47] Commission in this case after a public
[1:49:49] hearing decided that this was
[1:49:51] agricultural land it was subject to
[1:49:53] green belt and recommended against the
[1:49:55] annexation and they did so for a very
[1:49:57] good reason taken away the green belt
[1:50:00] greatly affects the ability to farm in a
[1:50:04] profitable matter when you have to pay
[1:50:09] the additional tax from the valuation
[1:50:12] that you lose when you go into the city
[1:50:15] and you lose the green belt
[1:50:16] this property is valued about five
[1:50:18] thousand dollars an acre right now with
[1:50:19] Ag it would probably go up to the market
[1:50:22] value with maybe twenty twenty-five
[1:50:24] thirty thousand whatever the market
[1:50:25] value is at this point so there'll be a
[1:50:27] tremendous increase secondly you know we
[1:50:31] talked about development Frank Ricci is
[1:50:33] a developer it's one of the larger
[1:50:35] developers over the period of time mr.
[1:50:36] Eicke knows this in the Omaha area Frank
[1:50:39] owns this property once the property
[1:50:41] matures he'll look at developing the
[1:50:43] property to the south when you develop
[1:50:45] the property you like to at least have
[1:50:47] the option of looking at a sanitary
[1:50:48] Improvement District if you're in the
[1:50:50] city you cannot have an S ID you take
[1:50:53] away one of the developers tools so if
[1:50:55] the city is looking at development they
[1:50:57] need to look at how developers look at
[1:51:00] the property and how developers develop
[1:51:02] and one of the tools developers want to
[1:51:04] look at is using a sanitary and
[1:51:06] Improvement District now they also
[1:51:08] to cooperate with the city if the city
[1:51:10] wants to come in and put in improvements
[1:51:11] they'll certainly look at that at that
[1:51:14] time and at that time if that's the most
[1:51:16] feasible for both the city and the
[1:51:18] developer the parcel can be annexed at
[1:51:21] that time so what we're asking is number
[1:51:23] one is not to annex this parcel because
[1:51:27] right now it's agricultural it's not
[1:51:29] contiguous number one number two we're
[1:51:32] going to lose the Greenbelt property and
[1:51:34] number three it'll make it more
[1:51:36] difficult for mr. crece to develop this
[1:51:38] once this area matures right now the
[1:51:41] area it's not really mature for
[1:51:43] development Frank would like to go ahead
[1:51:44] and do something it's just not there
[1:51:46] quite yet but it will be there in the
[1:51:48] future value eventually we'll move in
[1:51:50] this direction annexations evaluable -
[1:51:54] over the city and it's that a tool that
[1:51:58] the city needs to use in a responsible
[1:52:00] fashion I represented Blackhawk it came
[1:52:03] through the City Council here two months
[1:52:05] ago
[1:52:05] I commend the city greatly for working
[1:52:08] with us on that that's a great
[1:52:09] annexation good for the city and good
[1:52:12] for the residents of Blackhawk this
[1:52:14] annexation this property is premature
[1:52:16] and what we're asking you to do is not
[1:52:19] annex this property at this time and
[1:52:21] work with us if you have any questions
[1:52:23] all the way happy to answer those
[1:52:26] questions for mr. lang yup Councilwoman
[1:52:30] was mr. lang I also talked with mr.
[1:52:35] Krejci about a opportunity on this land
[1:52:38] for residential and and my understanding
[1:52:41] is his opinion this land is not set up
[1:52:44] for residential it would be set up for
[1:52:46] industrial that type of thing so part of
[1:52:51] that going into an SI D would become a
[1:52:54] mute point if this thing is set up for
[1:52:56] industrial am I correct on that no
[1:52:58] that's not correct we use constantly
[1:53:01] mulch we use SIDS for all different
[1:53:03] types of properties syntek Park SAT 172
[1:53:08] SRP that's an SSID has the Budweiser
[1:53:10] plant there the riser facility so we use
[1:53:13] SIDS for residential commercial and
[1:53:16] industrial okay and mixed-use
[1:53:18] developments as well and once again
[1:53:20] there's all you know we don't have a lot
[1:53:22] of development
[1:53:22] tools yes IDs one of our main tools and
[1:53:25] it works very well especially when you
[1:53:27] have a developer like mr. Creech you've
[1:53:28] done a lot of them and I under
[1:53:30] understand that but how do cities that
[1:53:32] don't have SIDS develop how do they do
[1:53:35] the economic development without SIDS
[1:53:37] because I from what I understand some of
[1:53:39] them it's pretty well in our area SIDS
[1:53:44] yes but as you know there's a lot of
[1:53:46] cities and towns outside of the Omaha
[1:53:49] Bellevue area that developed that don't
[1:53:52] have SIDS
[1:53:53] I think those cities that don't have a
[1:53:56] development tool like an SSID do not
[1:53:59] develop very well if you look at the
[1:54:01] Omaha metropolitan area and the
[1:54:03] subdivisions we have everything west of
[1:54:07] 72nd Street a lot of areas in Bellevue
[1:54:11] Blackhawk which is beautiful subdivision
[1:54:13] a real asset to the city though it's all
[1:54:17] been SIDS if you look at a city and give
[1:54:20] you an example
[1:54:21] SATs pretty much are used in Douglas and
[1:54:24] Sarpy County because we're the only area
[1:54:27] in the city that has enough rapid growth
[1:54:29] to support an SSID for DES idea to be
[1:54:32] successful has to have a reasonable
[1:54:34] amount of growth during a reasonable
[1:54:36] time otherwise it just can't support
[1:54:39] itself a good example I think of a city
[1:54:42] that Dustin used SIDS is the city of
[1:54:45] Lincoln Nebraska if you compare the city
[1:54:47] of Lincoln Nebraska to the type of
[1:54:49] subdivisions and improvements street
[1:54:51] improvements that we have in this
[1:54:55] particular metropolitan area there is no
[1:54:57] comparison and one of the reasons we're
[1:54:59] so successful here is because we use
[1:55:02] SIDS in a responsible manner you have
[1:55:06] subdivision agreements that control the
[1:55:07] s ID control the spending but I think if
[1:55:10] you can if you really if you really look
[1:55:13] at the two cities the transportation
[1:55:15] systems the subdivisions the type of
[1:55:18] public improvements we put in with SIDS
[1:55:20] which are upgraded improvements upgraded
[1:55:22] sewers interceptor sewers it's a great
[1:55:26] tool and it's one that is that we really
[1:55:29] benefited here now to a large extent
[1:55:31] Omaha area the metropolitan area here
[1:55:34] with Bellevue probably is probably the only areas in the state of Nebraska
[1:55:38] that SIDS can function properly because
[1:55:41] we're the only area that has has growth
[1:55:44] or enough growth to support the SAT so
[1:55:47] it's a good tool if used in a
[1:55:50] responsible way and we do it through
[1:55:53] subdivision agreements with the city as
[1:55:54] you know and mister Krejci he's a
[1:55:59] developer and once this property matures
[1:56:01] he would like to go forward with it but
[1:56:04] it probably would be not a residential
[1:56:06] subdivision because its location it
[1:56:08] probably more of a light industrial
[1:56:10] commercial area okay I think that's
[1:56:12] correct there thank you
[1:56:16] and you know you can always D an ax
[1:56:19] we don't come into a souk and so I mean
[1:56:25] really it comes it is a financial hit
[1:56:31] but looking at Bellevue's future growth
[1:56:35] and trying to set up the remainings
[1:56:38] little bit of an amount of remaining
[1:56:41] areas we have to grow into how would you
[1:56:47] represent if you were representing us
[1:56:49] getting water and sewer bondable a
[1:56:54] bondable project down to 34 and the
[1:56:58] interchange and getting that to develop
[1:56:59] correctly you can't do it without being
[1:57:03] in the city correct no you can use it
[1:57:06] you can be in the city and but the
[1:57:09] problem with being in the city then the
[1:57:10] city's gotta extend the water and sewer
[1:57:14] lines and they have to pay for the water
[1:57:15] and sewer lines with the s ID system you
[1:57:20] could do interlocal agreements where the
[1:57:21] S ID participates in the payment of
[1:57:24] extending those lines an example is this
[1:57:26] is right here in the city of Omaha our
[1:57:28] interceptor sewer systems when the City
[1:57:31] of Omaha we have an interceptor sewer
[1:57:33] system as you know where when you play a
[1:57:34] building fee part of that fee goes into
[1:57:37] the interceptor sewers so we can extend
[1:57:39] our sewers under the Interceptor sewer
[1:57:41] program we just the s ID a lot of times
[1:57:45] goes ahead and extends and pays for the
[1:57:47] extension of the Interceptor sewer
[1:57:50] and then the Interceptor sewer fund
[1:57:51] reimburse the si D that way the City of
[1:57:55] Omaha or the other cities don't use
[1:57:57] their bonding capacity to support these
[1:58:00] new subdivisions you know and and the
[1:58:03] expense of extending these sewers that's
[1:58:05] the beauty of an S ad the city can use
[1:58:07] them but they're not using their bond
[1:58:09] authority to use them the S ad has their
[1:58:12] own bonding authority that they can
[1:58:14] enter into an interlocal agreement with
[1:58:17] the city and extend those sewers in a
[1:58:19] partnership fashion so there's a lot of
[1:58:22] benefits that as you know that and a lot
[1:58:25] of flexibility that you that we have
[1:58:27] with these SIDS and and they've been a
[1:58:29] great asset for not only this area like
[1:58:31] blackhawk I mean what a beautiful
[1:58:33] subdivision and a lot of areas within
[1:58:36] the city of Omaha
[1:58:37] you know what's roads uh you know
[1:58:39] shopping center was an SAT at one time
[1:58:41] and some haven't done so uh you know I
[1:58:44] agree some haven't done so well and
[1:58:46] that's a lot of that's been addressed
[1:58:48] through subdivision agreements and but
[1:58:53] mr. Krejci subdivision he has not had
[1:58:55] one that has gone bad they've all been
[1:58:56] annexed the outlet mall was was an SAT
[1:59:00] at one time it did get annexed by the by
[1:59:03] the city because because we needed to
[1:59:05] get tiff out of that but mr. Krejci
[1:59:06] developed that so he's a very
[1:59:08] responsible developer and a good
[1:59:10] developer to help in this area but right
[1:59:12] now we'd like to you know would like to
[1:59:15] just work with the city and not have the
[1:59:18] city and if you follow the
[1:59:19] recommendation of the Planning
[1:59:20] Commission and I had to see annex this
[1:59:23] parcel at this time and let's wait until
[1:59:26] it gets mature enough and look at at
[1:59:28] that time and look at a development
[1:59:30] scheme for that particular property
[1:59:32] which is not that far away thank you we do appreciate mr. krei
[1:59:38] cheese investment darlings investment
[1:59:40] and everybody's investment in our
[1:59:43] communities
[1:59:44] and we appreciate what what the City
[1:59:46] Council and the mayor and the city is
[1:59:47] going through with this
[1:59:49] once again annexation is a positive
[1:59:50] thing but thank you in this one we think
[1:59:52] a little bit premature thank you thank
[1:59:55] you
[1:59:58] anyone else for area 9 I know I'm taking
[2:00:02] up your time
[2:00:04] Michael wills 1321 Harrison here in
[2:00:07] Bellevue I want you to think back at 370
[2:00:15] the southeast corner of 370 and 72nd
[2:00:20] Street a few years ago and I'm talking
[2:00:23] off the top of my head I don't know but
[2:00:27] I remember that it got annexed it was a
[2:00:31] green belt
[2:00:32] I think they kept farming it and every
[2:00:35] year the county said well you're not a green belt anymore you're
[2:00:39] you so you're going to have to get taxed
[2:00:46] at a higher rate and they fought that
[2:00:48] for three or five years and they finally
[2:00:51] gave up and there's a gas station there
[2:00:54] you know donut shop a couple of doctors
[2:00:58] offices in that area and the rest of it
[2:01:00] looks trashy what I'm afraid of is when
[2:01:04] you go ahead and annex all these
[2:01:06] Greenbelt that these people have been
[2:01:08] talking about the county's going to do
[2:01:10] the same thing they're going to tax
[2:01:12] these people to a point where if I have
[2:01:15] a 75 acre farm I'm gonna have to sell it
[2:01:19] to Krispy Kreme or somebody because I
[2:01:23] can't afford it
[2:01:25] I don't know again I'm just talking off
[2:01:28] the top of my head and it's something
[2:01:31] that I think the council should look at
[2:01:34] before they jump off into the deep end
[2:01:37] thank you thank you
[2:01:39] anyone else wishing to speak again Matt
[2:01:45] Ramsey 8 to 2
[2:01:50] really Newton for my prepared milks
[2:01:52] thank you
[2:01:53] agricultural and deemed as urban or
[2:01:55] suburban and character on annexation
[2:01:57] Authority Nebraska Revised Statutes 16
[2:02:00] 132 states such granite power shall not
[2:02:10] be construed or as conferring power upon
[2:02:13] the mayor and city council to extend the
[2:02:15] limits of a city over any agricultural
[2:02:17] lands which are rural in character
[2:02:19] reviewing the rest spring court opinions
[2:02:22] it is clear that the courts have shown
[2:02:23] great deference to the annexing cities
[2:02:25] classification of the character of the
[2:02:27] land being annexed however there are
[2:02:29] typically three tests used by the court
[2:02:31] to confirm the classification as being
[2:02:32] proper first is the land being used for
[2:02:35] agricultural purposes an affirmative
[2:02:38] answer to this question is typically not
[2:02:40] sufficient to deemed the land as rural
[2:02:41] and character second is the land
[2:02:44] sufficiently covered in dwellings that
[2:02:46] it has lost its rural character and
[2:02:48] finally hath the land but planted excuse me if the land is
[2:02:53] unplanted and passes the first two tests
[2:02:55] and the courts have concluded that land
[2:02:56] is rural in character and the city does
[2:02:58] not have authority to extend its
[2:03:00] boundary and this is from Wagner versus
[2:03:02] City of Omaha all the Greenbelt louts
[2:03:05] Lots in this package pass through three
[2:03:07] tests and should not be included in the
[2:03:09] annex package thank you thank you
[2:03:17] any comments questions
[2:03:19] okay thank you for allowing me to speak
[2:03:23] this evening obviously we disagree on a
[2:03:26] few subjects this evening however I do
[2:03:29] want to thank you for your forward
[2:03:32] vision for many years probably too many
[2:03:36] years belly has been a military city for
[2:03:41] many years that philosophy of governance
[2:03:44] has worked well not so much the last ten
[2:03:48] moving forward to strive to be you know
[2:03:51] not just a city the first class but a
[2:03:53] first class city that happens to have a
[2:03:55] military base associated with it is I
[2:03:58] really feels the right direction to go
[2:04:00] so thank you for your
[2:04:02] in this aspect thank you sir I just
[2:04:07] wanted to say thank you for the case law
[2:04:09] and your time and research that you
[2:04:10] presented today we will take the
[2:04:12] opportunity to review that present that
[2:04:15] to the council prior to the vote on
[2:04:17] Thursday but I do appreciate your time
[2:04:19] and effort and all that research and
[2:04:20] thoughtfulness coming in here so thank
[2:04:22] you thank you so much anyone else
[2:04:26] wishing to speak on area 9 annexation
[2:04:39] I'm gonna close the public hearing
[2:04:41] seeing nobody come forward and
[2:04:43] Councilman price trip Thank You mayor
[2:04:46] and I too appreciate the citation of
[2:04:49] case law and state statute it has been
[2:04:54] instructive even though people wonder is
[2:04:57] this a done deal and why am I even
[2:04:58] bothering there are questions that have
[2:05:01] been raised and we will check on those
[2:05:03] other questions that have been raised and sent to us and our
[2:05:08] legal counsel and our planning
[2:05:10] department and Planning Commission have
[2:05:12] addressed those for us so we have had
[2:05:15] some answers from questions raised in
[2:05:17] between the meetings and at the Planning
[2:05:19] Commission meeting so the public is
[2:05:22] engaged in it and that's why the state
[2:05:24] has a set process for us to follow and I
[2:05:28] think we're doing our best to follow
[2:05:30] that process and as our legal counsel
[2:05:34] aptly said we will be answering and
[2:05:38] asking more questions in between so what
[2:05:42] you have brought to us has been helpful
[2:05:44] and is instructive and we are listening
[2:05:47] maybe we're not hearing everything but
[2:05:50] we're hearing much of it and we will get
[2:05:53] some answers so thank you very much and
[2:05:55] I do appreciate all the information
[2:05:57] we've already gotten from our legal
[2:05:59] counsel and our Planning Commission that
[2:06:01] the public hasn't even seen or isn't
[2:06:04] aware and that the mayor has provided an
[2:06:07] administrator to address these things
[2:06:09] over at least a month in probably two
[2:06:14] months
[2:06:15] this process has all unfolded so it
[2:06:18] isn't just happening tonight at a public
[2:06:20] hearing thank you Councilwoman watch I also want
[2:06:24] to state that I know a lot of the people
[2:06:27] have come forward and talked about the
[2:06:28] county does a great job on your streets
[2:06:30] and everything and I will repeat this
[2:06:32] again because I've said this before I
[2:06:35] would put our Public Works and our
[2:06:38] Public Safety departments up against
[2:06:40] anyone in the county they are top-notch
[2:06:44] and once the annexation goes through
[2:06:48] that is determined that needs to go
[2:06:50] through I want you to come back if you
[2:06:53] are annexed in a year and tell me that
[2:06:56] it's better because I will guarantee you
[2:06:58] they work hard and they do a great job
[2:07:03] thank you I would just close with we are
[2:07:10] trying to help the City of Bellevue
[2:07:12] we're not trying to hurt you so our
[2:07:14] intentions are to do what's best for for
[2:07:17] Bellevue and our growth so with that we
[2:07:20] will move on to 12e oops I'm sorry
[2:07:24] reminded by the attorney third reading
[2:07:27] for area number nine will be this
[2:07:32] Thursday June 6 2019 at 6 p.m. in these
[2:07:36] council chambers with that I'll move on
[2:07:40] to 12 E ordinance number 3 949 request
[2:07:43] to amend section 19 - 42 of the Bellevue
[2:07:46] code pertaining to the publication of a
[2:07:49] general notice of the requirements of
[2:07:51] article 4 of chapter 19 regarding
[2:07:53] wrecked junked or dismantled vehicles
[2:07:56] and to provide an effective date of this
[2:07:58] ordinance I would move to approve
[2:08:05] ordinance 3 949 Public sorry second
[2:08:09] reading so we're gonna open it for
[2:08:11] public hearing if there's anybody here
[2:08:13] to speak in favor of or against
[2:08:16] ordinance number three nine four nine
[2:08:18] please come forward now
[2:08:23] seeing no one I'll close the public
[2:08:25] hearing and any questions from the
[2:08:31] council we need a motion
[2:08:40] just third read okay third reading will
[2:08:42] be June 8th correct June 18 2009 teen at
[2:08:47] 6:00 p.m.
[2:08:51] moving on to 12 F ordinance number three
[2:08:55] nine five zero request to amend section
[2:08:58] 19-23 of the bellevue code pertaining to
[2:09:00] the publication of general notice of the
[2:09:03] requirements of article 3 of chapter 19
[2:09:05] regarding litter and noxious weeds to
[2:09:08] provide an effective date of this
[2:09:10] ordinance I'll open the public hearing
[2:09:13] is there anybody wishing to speak for or
[2:09:15] against ordinance number three nine five
[2:09:17] zero michael wills 1321 Harrison Street
[2:09:22] here in Bellevue about 17 years ago I
[2:09:27] had a gentleman come to my property and
[2:09:32] told me I had noxious weeds and he
[2:09:35] wanted a matter there code enforcement
[2:09:38] and I said they're not noxious he said
[2:09:42] I'm the boss basically well I went to
[2:09:47] the city to the secretary for code
[2:09:54] enforcement and I explained that though
[2:09:58] what was being called noxious weeds were
[2:10:01] actually ornamental grass she understood
[2:10:05] that and what I'm trying to get to is 17
[2:10:10] years later there is a now a system
[2:10:13] going to be in place for both cars and
[2:10:17] noxious weeds that somebody that and
[2:10:22] please excuse the way I put this but I
[2:10:24] have two hours of pictures being thrown
[2:10:28] up on a wall saying now you know what a
[2:10:31] noxious weed looks like
[2:10:35] I think this is a good change I really
[2:10:38] do now I want to go back I didn't want
[2:10:41] to talk for both of them but I've called
[2:10:44] code enforcement a number of times on a
[2:10:47] business on railroad they go down they
[2:10:54] move the cars I mean the place has just
[2:10:56] got junk cars all over the place they
[2:10:59] say well we're an electrical company but
[2:11:02] the they're driving over the property
[2:11:06] next door
[2:11:07] they've got junk cars all over the place
[2:11:09] I think it's a chop shop myself and
[2:11:12] they'll clean up their idea for a week
[2:11:16] or two and then the cars are right back
[2:11:18] there again and they need to have some
[2:11:24] follow-up drive by them once in a while
[2:11:28] saying oh hey you got your cars back
[2:11:30] there you're driving over the property
[2:11:33] that you don't own and that doesn't have
[2:11:37] a street and you're just tearing up the
[2:11:38] land there I don't own that land you
[2:11:45] know people who do should say something
[2:11:47] but I don't think they live in the city
[2:11:49] I don't think they live mr. Marko used
[2:11:52] to own the property and he passed on and
[2:11:54] his kids on now and I don't think they
[2:11:57] live anywhere in the area they might get
[2:12:00] the lawn mowed but I think it's the
[2:12:02] city's responsibility to go by and say
[2:12:05] hi you've moved two cars back over again
[2:12:08] get them back off anyway I think this is
[2:12:12] both of these are good changes that I'm
[2:12:15] sorry that we City Administrator gets
[2:12:17] stuck with that appeals process but it
[2:12:22] is an appeals process and we've needed
[2:12:24] thank you very much thank you
[2:12:28] anyone else wishing to speak on
[2:12:30] ordinance number three nine five zero
[2:12:34] seeing no one I'll close the public
[2:12:36] hearing any questions from Council okay
[2:12:41] the third reading will be June 18 2008
[2:12:45] teen at 6:00 p.m.
[2:12:47] Oh typo 2019 alright sorry I gotta find
[2:13:03] my place
[2:13:07] okay sixteen be it proven authorized the
[2:13:10] mayor to sign the state mou agreement
[2:13:12] with the state of Nebraska any
[2:13:18] discussion
[2:13:21] Thank You Meryl make a motion we approve
[2:13:22] item 16 B motion by cook seconded by
[2:13:28] price tur any questions please vote all
[2:13:39] voting yes thank you
[2:13:41] 16 see approve of change order number
[2:13:44] two for the 2019 CDBG paving
[2:13:46] improvements east of Chandler Hills
[2:13:49] project councillor pressure Thank You
[2:13:54] mayor I will move to approve item 16 see
[2:13:58] I'll second that motion by price tur
[2:14:00] seconded by Walsh any questions please
[2:14:03] vote yes
[2:14:13] thank you item 16 D approval of the
[2:14:16] purchase of a tandem axel dump truck and
[2:14:18] a single axle Muni body dump truck for
[2:14:22] the street departments as a result of
[2:14:24] the 2018 annexation I called this one on
[2:14:30] this particular item this is an unfunded
[2:14:32] item all right so I'm gonna make a
[2:14:39] motion that we grant ordering Authority
[2:14:43] or the purchase of this vehicle with
[2:14:47] specific vehicles with specific
[2:14:49] instructions that they be included in
[2:14:51] the budget for next year and paid with
[2:14:54] funds from next year the reason that
[2:14:58] this is happening right now
[2:14:59] is that the lead time for ordering the
[2:15:01] vehicles make the motion then what I did
[2:15:04] second now okay second of all it's the
[2:15:09] motion the motion is to grant ordering
[2:15:12] authority so that they can place the
[2:15:14] order for the vehicles now with the
[2:15:17] understanding that these have to be in
[2:15:19] next year's budget and paid for with
[2:15:21] next year's funds just second and I'll
[2:15:26] explain it I'll second it thank you
[2:15:29] mostly by Shannon a second by cook now
[2:15:31] discussion all right the lead time is so
[2:15:34] long to get these vehicles okay that we
[2:15:37] have to order them now but they're not
[2:15:40] budgeted in this year's budget and
[2:15:42] there's not room for them in this year's
[2:15:43] budget so we're just granting ordering
[2:15:46] authority at this point so they're gonna
[2:15:49] place the order they'll include them in
[2:15:51] next year's budget well pay for them
[2:15:53] with money for next year's budget but
[2:15:56] that's all we're granting at this time
[2:15:58] so we're approving the ordering mr.
[2:16:02] Roberts is that true yeah what we do is
[2:16:08] we get these ordered we never pay form
[2:16:10] until after we have my position but what
[2:16:13] it takes is about seven months to get
[2:16:15] the chassis built with the lead time and
[2:16:17] another to two months to put all the
[2:16:21] features on it you know that flashers
[2:16:25] and tow hook or for the blade the plows
[2:16:31] you know all that kind of stuff and so
[2:16:33] it's going to be probably February
[2:16:34] before you even see so it will have to
[2:16:36] be a next year's budget
[2:16:39] councilman Stenson so they don't require
[2:16:42] any money to be put down now to hold
[2:16:45] these or anything no
[2:16:49] so is it just a matter of terminology
[2:16:51] that I'm trying to understand that we're
[2:16:53] amending this I mean we're not
[2:16:56] purchasing it we're approving the order
[2:16:59] to be able to purchase it to put it into
[2:17:02] next year's budget is that what I'm
[2:17:04] understanding yeah its terminology where
[2:17:06] we're not violating our budget by
[2:17:08] spending money we don't have right now
[2:17:10] okay the purchase would violate the
[2:17:12] budget so we're granting ordering
[2:17:14] authority with an understanding that it
[2:17:17] goes into next year's budget and will be
[2:17:19] paid for next year we know it is he's
[2:17:22] just being very careful okay motion by
[2:17:30] Shannon second by cook please vote voted
[2:17:41] yes thank you item 17 administration
[2:17:46] reports those are all in your packets so
[2:17:52] we will accept those item number 18 okay
[2:18:02] question on administrative reports Jim
[2:18:05] were we add-on flood preparations for
[2:18:09] the oncoming water I mean we're all
[2:18:13] watching the water rise I mean we've got
[2:18:15] what is it 75 CFS coming at us right now
[2:18:19] which is what seven hundred and fifty
[2:18:20] thousand gallons a day that's per second
[2:18:25] seventy-five thousand cubic feet per
[2:18:27] second it's right I'm converting it okay
[2:18:31] it's it's tied up it's it's time seven
[2:18:33] point four nine isn't it it's a lot of
[2:18:42] water coming at us okay so where are we
[2:18:45] at with the preparations I mean what
[2:18:47] subdivisions are we you know getting
[2:18:49] ready I mean what roads are we getting
[2:18:51] ready I mean who needs to who needs to
[2:18:53] get prepared I mean you know we
[2:18:57] yesterday we had the mayor resign and
[2:19:00] amended declaration for our emergency to
[2:19:04] so as to make sure that if there's any
[2:19:07] further damage or issues that come with
[2:19:09] it that when you have the ability to
[2:19:10] mitigate that also in addition to what's
[2:19:13] happened in the past so we've we've been
[2:19:15] amended or emergency action we met last
[2:19:18] week we're on a guarded I just to watch
[2:19:20] what happens right now our biggest
[2:19:22] concern is what's going on in the
[2:19:24] Missouri River
[2:19:24] I think last Thursday it was up I think
[2:19:28] was three feet and it's gonna stay at
[2:19:29] that with the release being at the
[2:19:32] 75,000 cubic feet per second we're
[2:19:36] pretty close to where the levees limit
[2:19:38] is here as far as if additional water
[2:19:40] comes out or rain rain is actually our
[2:19:42] biggest concern right now it's not our
[2:19:43] friend so we're unguarded I to watch
[2:19:47] what happens along the Missouri you've
[2:19:49] seen Hayworth Hayworth is back at full
[2:19:51] tilt that does not look like that's
[2:19:53] going to go down all summer so it's
[2:19:56] let's by me we're watching what happens
[2:19:58] our biggest concern is if it comes
[2:19:59] around the backside of 370 which is
[2:20:01] right now it doesn't look like it when I
[2:20:02] say 372 bridge going down Hayworth that
[2:20:07] would be a large concern for us as if it
[2:20:09] starts to head down towards the
[2:20:10] industrial area again like it did in the
[2:20:12] March flood but it's the levees are our
[2:20:16] largest concern we also have an issue
[2:20:18] with Paradise Lakes we're pumping out of
[2:20:21] the Paradise lakes into the brown river were pumping into the
[2:20:25] Missouri but the brown and the Missouri
[2:20:27] are at the same level so we don't have
[2:20:29] our gates opened this is just a circular
[2:20:32] we have a lot of groundwater that as
[2:20:35] we're pumping the groundwater is raising
[2:20:37] so it's fighting a slow battle here and
[2:20:40] rain is the only thing that's really
[2:20:42] going to put us at the worst risk right
[2:20:45] now for that situation but because it's
[2:20:48] at the bottom of the drain but we are
[2:20:50] watching the Missouri River with a
[2:20:51] guarded eye what they're telling us is
[2:20:53] it's not going to be a 2011's point yet
[2:20:58] but there's a lot of rainfall to the
[2:21:00] north there's a lot of snowmelt that
[2:21:02] that's why they're discharging at the
[2:21:04] rate that they are now and I think we're
[2:21:06] going to stay at this discharge rate and
[2:21:08] from now till Jeff correct me if I'm
[2:21:10] wrong but we're here in September or
[2:21:11] October
[2:21:12] this is going to going to late fall
[2:21:14] before they start start so decreasing it
[2:21:20] so I just it's open for suggestions now
[2:21:23] somebody asked the other day is there a
[2:21:25] higher order that can make decision side
[2:21:27] can't we drill a hole and just fill the
[2:21:28] aquifer or know who to reach out to here
[2:21:31] so thanks yeah
[2:21:39] councilman Cooke do you have a motion
[2:21:44] I'll make a motion that I move that the
[2:21:48] City Council going to Cola session at
[2:21:50] this time for a protection of the public
[2:21:51] interest
[2:21:52] so the subject matter to be discussed in
[2:21:54] closed session shall be for property
[2:21:57] negotiations the following individuals
[2:21:59] will be included in closed session city
[2:22:01] administrator Jim Risto mayor rusty hike
[2:22:04] council members City Council members
[2:22:06] attorney Bree Roberts paralegal Tony
[2:22:10] King public works director Jeff Roberts
[2:22:13] I said that wrong and finance director
[2:22:14] rich Severson Tommy we have a second
[2:22:23] motion by Cooke second by Shannon please
[2:22:26] vote to go into closed session all voted
[2:22:38] yes it is a 21 the City Council has
[2:22:45] voted to go into closed session at this
[2:22:47] time the subject matter to be discussed
[2:22:48] in closed session shall be property
[2:22:50] negotiations the following individuals
[2:22:53] will be included in closed session city
[2:22:55] administrator Jim Risto now rusty Haight
[2:22:57] City Council members attorney Bree
[2:22:59] Roberts brie Robins paralegal tiny King
[2:23:06] public works director Jeff Roberts and
[2:23:08] financial director rich Severson
[2:23:17] you