[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

Bellevue City Council April 22, 2019

Transcript