CITY OF BENNINGTON

CITY COUNCIL MEETING NOTICE

MONDAY, JUNE 12, 2023; 6:00 P.M.

CITY OFFICE; 15505 WAREHOUSE ST.

BENNINGTON, NE

402-238-2375

 

Notice is hereby given that on Monday, June 12, 2023, a meeting of the City Council of the City of Bennington will be held at 6:00 p.m.  The agenda, kept continuously current, is available for public inspection at the office of the City Clerk during normal business hours.  As part of the meeting, notice is hereby given that a public hearing will be held for the purpose of:

 

Consideration of a Conditional Use Permit for a Home Occupation in a High Density Residential District (R-4) located at 217 S. Stark Street and

 

Consideration of a Final Plat for 7.3 acres located south of C. W. Hadan Drive and north and east of North Fourth Street for Prairie Ridge Development Lots 1-74 and 5 outlots.

 

Mindi Laaker

City Clerk

 

5/31           ZNEZ

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City of Bennington

City Council Meeting Minutes

Monday, May 8, 2023; 6:00 P.M.

City Office, 15505 Warehouse Street

Bennington, NE

402-238-2375

 

Call to Order - Roll Call – Open Meetings Act

Mayor Zac Johns called the regular monthly meeting to order on Monday, May 8, 2023 at 6:00 p.m.  In attendance were City Council Members Clint Adams, Kaye Bridgeford, Josh Dowding and Shane Pekny.  Mindi Laaker identified the Open Meetings Act location that is available to the public.

 

Approval of Consent Agenda

April 10, 2023 City Council Meeting Minutes

April 2023 Bills Paid

Keno Receipts:  April 8.75%:  $10,201.82

JEO Consulting Invoices for:

General Engineering Invoice No. 140314 for $11,692.50

Warehouse Street Improvements Invoice No. 140317 for $3,912.50

Public Works Building Prelim Design Invoice No. 140508 for $2,846.25

Public Works Building Flood Plain Invoice No. 140316 for $845.00

Neumeyer Farm Phase 1 Invoice No. 140315 for $1,623.75

156th Street Condemnation Invoice No. 140342 for $1,495.00

156th Street Condemnation Invoice No. 141087 for $235.00

Olsson Invoices for Neumeyer Farm Park

i.   Invoice No. 455798 for $1,206.55

BILLS PAID IN APRIL               

CITY         

NEBRASKA DEPARTMENT

OF REVENUE                                   2,851.86

NEBRASKA WORKFORCE

DEVELOPMENT                               262.56

BENNINGTON SUBURBAN FIRE

DISTRICT #7               48,337.00

NATE’S STUMBLE INN                    85.00

DOUGLAS COUNTY POST GAZETTE                  573.31

MINDI LAAKER             15.97

MUTUAL OF OMAHA     153.73

MUTUAL OF OMAHA     69.27

ABE’S TRASH SERVICE, INC           35.00

COX BUSINESS SERVICES               166.13

MUD           69.60

YOUNG & WHITE         3,530.65

RATINA CRAWFORD     1,115.55

MINDI LAAKER             1,566.41

EDWARD JONES           1,680.23

U.S. DEPT OF TREASURY               5,720.62

JEO CONSULTING        9,078.75

INSPRO MARSH &

MCLENNAN AGENCY     7,540.00

OLSSON      2,550.00

OPPD          297.79

RATINA CRAWFORD     603.17

MINDI LAAKER             1,566.40

U.S. DEPT OF TREASURY               5,859.38

EDWARD JONES           1,901.75

ALL MAKES                    5.48

OFFICE DEPOT, INC.    52.08

TOWN WEB, LLC.         72.24

HOOPER’S OFFICE BAR & GRILL    29.04

HYVEE        40.92

CITY TOTAL                95,829.89

 

SEWER

CITY OF OMAHA           24,552.00

ONE CALL CONCEPTS   40.14

CITY OF OMAHA CASHIER             1,917.30

PEOPLE SERVICE          1,310.00

SEWER TOTAL           27,819.44

 

LIBRARY

AMAZON CAPITAL SERVICES          135.06

COX BUSINESS SERVICES              72.88

MUTUAL OF OMAHA     97.76

MUTUAL OF OMAHA     146.96

PETTY CASH                 100.00

SHAY SNOW                 3 4.14

ABE’S TRASH SERVICE, INC           72.50

ALL MAKES OFFICE EQUIPMENT CO.                129.50

BAKER & TAYLOR BOOKS               482.89

BENNINGTON LIONS CLUB             70.00

COX BUSINESS SERVICES               180.00

DESIGN 4    15.00

THE DURHAM MUSEUM                  400.00

JESSICA ROWE-DESILVA                225.00

MUD           324.80

PRESTO-X  23.73

LISA FLAXBEARD          1,467.91

NATALIE HARTLEY       721.03

KATHRYN HUMPHREYS                  1,251.00

SHAY SNOW                 1,123.53

AMAZON CAPITAL SERVICES          108.20

INGRAM     212.45

OPPD          138.60

SAM’S CLUB MC/SYNCB                  91.63

LISA FLAXBEARD          1,467.90

NATALIE HARTLEY       672.15

KATHRYN HUMPHREYS                  1233.11

LYDIA PILE 119.77

SHAY SNOW                 1,090.77

BAKER & TAYLOR BOOKS               338.52

DESIGN 4    82.20

INGRAM     210.09

JESSICA ROWE-DESILVA                200.00

LIBRARY TOTAL        13,039.08

 

POLICE

MUTUAL OF OMAHA     544.10

MUTUAL OF OMAHA     352.78

OMAHA TACTICAL WEAPONS         1,610.00

EARTHSPIRITS.NET,

INCORPORATED           1,078.94

ROSA PEREZ                84.06

911 CUSTOM                190.00

ABE’S TRASH SERVICE, INC           30.00

COX BUSINESS SERVICES               169.62

MUD           366.51

PRESTO-X  41.81

SUNSET LAW ENFORCEMENT         554.00

CALEB CHVALA             1,605.19

ANDREW HILSCHER     2,229.95

JAYME IVERSEN           1,058.85

ROBERT JONES            162.53

MARK NOONAN            161.21

ROSALINDA PEREZ       2,034.15

DANIEL STOCKER         1,820.73

ABIGAIL WARREN        47.73

BENNINGTON AUTO SALE              316.39

IDEAL PURE WATER     63.49

MID-STATES ORGANIZED CRIME

INFO CENTER               100.00

OPPD          437.39

CALEB CHVALA             1,605.19

DEVIN CRINKLAW        142.21

ANDREW HILSCHER     2,229.96

JAYME IVERSEN           1,058.86

ROBERT JONES            91.44

MARK NOONAN            101.58

ROSALINDA PEREZ       1,768.94

DANIEL STOCKER         1,820.74

ABIGAIL WARREN        44.05

MARK WILKINS            162.54

CONSOLIDATED MANAGEMENT CO.                 90.89

E-KIT TRAINING           495.00

LAPTOPSCREEN INTERNATIONAL  84.51

POLICE TOTAL            24,755.34

 

PARKS

COX BUSINESS SERVICES              46.39

MUTUAL OF OMAHA     48.88

MUTUAL OF OMAHA     210.87

SITE ONE LANDSCAPE SUPPLY      751.68

STRATEGIC ELECTRIC GROUP, LLC                  245.65

ABE’S TRASH SERVICE, INC           381.00

AKRS EQUIPMENT        14.48

MUD           217.98

PRESTO-X  93.25

MENARDS - ELKHORN  53.73

CARTER BEHNKEN       69.75

JOHN BOHRER             890.23

DEREK BRECHBILL       1,491.35

TRISTEN BUHRMAN     114.13

JACOB CONLEY             2,132.86

CUBBY’S     73.40

H & R CONSTRUCTION 940.00

MENARDS - ELKHORN  20.47

OPPD          537.36

TY’S OUTDOOR POWER & SERVICE                 181.27

CARTER BEHNKEN       153.06

JOHN BOHRER             1,278.26

DEREK BRECHBILL       1,491.35

TRISTEN BUHRMAN     339.12

JACOB CONLEY            2,132.86

TY’S OUTDOOR POWER & SERVICE                 54.50

VERMEER HIGH PLAINS                 211.48

INTERSTATE ALL BATTERY CENTER                77.98

PARKS TOTAL            14,253.34

 

STREETS  

COX BUSINESS SERVICES              46.40

HARSIN BUILT CONSTRUCTION     9,074.00

MUTUAL OF OMAHA     48.88

SITE ONE LANDSCAPE SUPPLY      250.56

AKRS EQUIPMENT        14.48

PRESTO-X  93.25

YOUNG & WHITE         4,458.85

MENARDS - ELKHORN  53.72

CUBBY’S     73.40

H & R CONSTRUCTION 940.00

JEO CONSULTING        2,250.00

MENARDS - ELKHORN  20.48

OPPD          4,945.05

TY’S OUTDOOR POWER & SERVICE                 54.50

VERMEER HIGH PLAINS                 211.49

INTERSTATE ALL BATTERY CENTER                77.97

STREETS TOTAL        22,613.03

 

CITY 95,829.89

SEWER               27,819.44

LIBRARY           13,039.08

POLICE              24,755.34

PARKS               14,253.34

STREETS            22,613.03

TOTAL OF ALL BILLS       198,310.12

 

Motion by Adams, second by Dowding to approve the Consent Agenda.  All voted in favor and the motion carried.

 

Special Designated Liquor License and Street Closure Applications – Bennington Daze

Bennington Jaycees, Pfeifler:  10 a.m. – Saturday, June 3 to 2 a.m. – Sunday, June 4

JDUB’s Hangout, West:  11 a.m. to 12 a.m. - Saturday, June 3

Stumble Inn, Neiman:  4 p.m. to 12 a.m. – Saturday, June 3

Monolithic Brewing Company, Hartung:  12 p.m. to 12 a.m. – Saturday June 3

The Warehouse, Nelson:  11 a.m. to 6 p.m. – Saturday, June 3

 

Motion by Bridgeford, second by Pekny to approve the liquor licenses and street closures as presented.  All voted in favor and the motion carried.

 

Event Permit Application, Bennington Farmer’s Market –

Community Foundation and Chamber of Commerce – Nikki Thomsen

Motion by Dowding, second by Adams to approve the application and dates in June through October as presented.  All voted in favor and the motion carried.

 

Warehouse Street and Sewer Improvement Districts

Bruce Lefler with Piper Sandler explained the Warehouse Street ordinance, resolutions and improvement districts.

 

Motion by Bridgeford, second by Pekny to introduce and waive three readings of Ordinance No. 518 AN ORDINANCE CREATING STREET IMPROVEMENT DISTRICT NO. 2023-01 IN THE CITY OF BENNINGTON, NEBRASKA, AUTHORIZING THE CONSTRUCTION OF STREET IMPROVEMENTS IN SAID DISTRICT, AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM.  All voted in favor and the motion carried.

 

Motion by Bridgeford, second by Pekny to approve and adopt Ordinance No. 518.  All voted in favor and the motion carried.

 

Motion by Adams, second by Pekny to approve Resolution 2023-02 establishing a June 12, 2023 public hearing date to receive comments and input from the public and to confirm the existence of the required facts and conditions for Street Improvement District 2023-1.  All voted in favor and the motion carried.

 

Motion by Adams, second by Pekny to approve Resolution of Necessity 2023-03 for Sewer Improvement District 2023-01.  All voted in favor and the motion carried.

 

Motion by Bridgeford, second by Adams to approve Resolution 2023-04 establishing a June 12, 2023 public hearing date at which time the Council will hear objections to the passage of the Resolution of Necessity for Sewer Improvement District 2023-01.  All voted in favor and the motion carried.

 

Motion by Pekny, second by Adams to approve an agreement with Thiele Geotech to perform materials testing on Warehouse Street.  All voted in favor and the motion carried.

 

Ordinance No. 517 Amending Section 5-603 of the Bennington Municipal Code regarding the Arterial Street Improvement Program and ASIP Fees

Motion by Bridgeford, second by Pekny to introduce and waive three readings of Ordinance No. 517 AN ORDINANCE AMENDING SECTION 5-603 OF THE CITY OF BENNINGTON MUNICIPAL CODE AS ADOPTED BY CITY OF BENNINGTON ORDINANCE NO. 485 REGARDING THE ARTERIAL STREET IMPROVEMENT PROGRAM AND ASIP FEES.  All voted in favor and the motion carried.

 

Motion by Adams, second by Bridgeford to approve and adopt Ordinance No. 517.  All voted in favor and the motion carried.

 

Neumeyer Farm Park Project

Motion by Pekny, second by Dowding to approve Change Order No.1 to provide for seeding, a water meter and pit, and parking lot and sidewalk adjustments.  All voted in favor and the motion carried.

 

Police Department Building Discussion, Approval of Purchase and Installation

Motion by Dowding, second by Pekny to table and budget for next fiscal year.  All voted in favor and the motion carried.

 

Review and Approval of Refund to Bennington Public Schools on Balance of Payment made at Start of 156th Street Project

Motion by Adams, second by Bridgeford to approve a $53,627.79 payment to Bennington Public Schools.  All voted in favor and the motion carried.

 

Approval of Settlement Agreement for 156th Street Project Condemnation

Motion by Dowding, second by Pekny to approve a condemnation settlement affiliated with the 156th Street Project.  All voted in favor and the motion carried.

 

City Trash Receptacles Discussion

A plan will be developed regarding the addition of trash receptacles to the downtown area.

 

Library, Police, Public Works, Office and Project Tracker Reports

All monthly reports are on file in the City Office.

 

Office Report

The 2023 Tax Increment Finance Report was reviewed.

 

Project Tracker

Construction of the Kempten Creek access on 156th Street and work on the south bridge approach will take place after Bennington Daze.

 

Public Comment

Concerns were raised regarding park trees, city taxes, Warehouse Street Project plans, and dog waste.

 

Executive Session for the Purpose of Pending Litigation

Motion by Pekny, second by Adams to go into executive session for the purpose of pending litigation at 6:38 p.m.  All voted in favor and the motion carried.

 

Mayor Johns restated for the record that the limitation of the subject matter for the executive session was pending litigation.

 

Motion by Dowding, second by Bridgeford to reconvene in open session at 6:54 p.m.  All voted in favor and the motion carried.

 

Adjourn

Motion by Bridgeford, second by Dowding to adjourn the meeting at 6:55 p.m.  All voted in favor and the motion carried.

 

5/31           ZNEZ

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CITY OF BENNINGTON

RESOLUTION OF NECESSITY

 

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BENNINGTON, NEBRASKA:

Section 1. The Mayor and Council hereby find and determine that, under the provisions of Section 17-913, R.R.S. Nebraska 2012, upon determination by the Council deeming it advisable or necessary to build, reconstruct, purchase, or otherwise acquire or improve a sewer system in whole or in part inside or outside such City, the City shall declare the advisability in a proposed resolution.

Section 2. The Mayor and Council further find and determine that it is necessary and advisable to construct certain additions and improvements to the City’s stormwater system and sanitary sewer system, consisting of the following: Sewer Improvement District No. 2023-1.

Section 3. That for the purpose of construction of the proposed improvements, there is hereby created in the City a sewer district to be known and designated as Sewer Improvement District No. 2023-1 (the “District”), which District shall include shall include all property abutting the following streets: Warehouse Street from Second Street to Harvest Lane; Third Street from Harvest Lane to 150 feet east of the intersection Third Street and Allen Street; Stark Street from Warehouse Street to a point one-half block north of the intersection of Stark Street and Warehouse Street. The outer boundaries of the district are the outer boundaries of the parcels included in the district.

Section 4. A description of the project is as follows: construction and installation within Sewer Improvement District No. 2023-1 and along the length of the District, of approximately 1,493 linear feet of 8” cured in place pipe to line the existing sanitary sewer, along with related removals and replacements; and construction and installation within the District and along the length of the District, of approximately 800 linear feet of 18” reinforced concrete pipe, approximately 179 feet of 15” reinforced concrete pipe, along with related removals and replacements.

Section 5. Reference is hereby made to the plans and specifications for said project which have been prepared by the engineer for the City, which, together with said Engineer’s estimate of total cost for said project have been filed with the City Clerk prior to the proposing of this Resolution. The Engineer’s estimate of total cost for the project is $373,985, consisting of $203,724 for the storm sewer improvements and $170,261 for the sanitary sewer improvements.

Section 6. It is hereby found and determined that the improvements described herein constitute improvements which will be of general benefit to the public and may be paid in whole or in part in connection with development of the District, such that no portion of the cost of the project will be specially assessed against the parcels included in said District. To pay the cost of the improvements herein provided for, the Mayor and Council have identified certain CRRSAA funds available to pay the costs of the improvements.

 

5/24, 5/31  ZNEZ

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CITY OF BENNINGTON

NOTICE

 

Notice is hereby given that the Mayor and Council of the City of Bennington, Nebraska, have, by an ordinance adopted on May 8, 2023, created the following Street Improvement Districts:

 

Street Improvement District No. 2023-1, the outer boundaries of which include, in addition to the streets to be improved, all the property abutting on such streets to be improved and within which district, the following streets shall be constructed and paved new paving with 9” concrete, together with all necessary appurtenances related thereto, including subgrade preparation, curbing, earthwork, fine grading and seeding: Warehouse Street from Second Street to Harvest Lane; Third Street from Harvest Lane to 150 feet east of the intersection Third Street and Allen Street; Stark Street from Warehouse Street to a point one-half block north of the intersection of Stark Street and Warehouse Street.

 

The ordinance approving the creation of said district provides that the cost of the above improvements will be completed at public cost without a special levy of taxes on the parcels contained in the district.

Notice is given to all persons that the Mayor and Council will meet on June 12, 2023, at 6 p.m. at the regular meeting place of the Council and will conduct a hearing to receive comments and input from the public and to confirm the existence of the required facts and conditions relative thereto for each of the districts.

 

5/17, 5/24, 5/31           ZNEZ

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