City Council - Regular Meeting

Join us in the pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all [clears throat] as required by section 84-1412 subsection 8 and Nebraska statutes. Notice is hereby given that a copy of the opens meeting act is posted for your examination on the wall inside the door to the city council chambers. Before we have roll call, I'd just like to welcome the few visitors that we have this evening. Could we have roll call, please?

George Klein here. Shane Shepard here. Mark Graves here. Kevin Alexi here. Klay Anderson here. Do we have a motion for approval of the agenda? I move to approve the agenda. I'll second. Motion by Mark, seconded by Clay to approve the agenda. Roll call, please. Shepard, yes. Grace, yes. Alexi, yes. Anderson, yes. Yes. Could we have a motion to approve the consent agenda? I'll make a motion to approve the consent agenda. A second.

Motion by Kevin, second by Mark. Approve the consent agenda. It includes minutes for the city council meeting from February 16th. Special designated licenses that were administratively approved was wild bar and grill to participate put around at GMC on Chat on March 7th. That was all. So, could we have roll call? Any comments, questions about any of that? We have roll call, please. Shepard, yes. Grace, yes. Alexi, yes. Anderson,

yes.

Yes. [snorts and clears throat] Uh the hour being 6:03 approximately, I would open a public hearing to consider amending the zoning regulations to allow hair salons as a homebased business with a special use permit. Janet, do you want to give us some background on this? I don't see anyone from the Yes. Um the planning commission has been looking at this um issue for the last six or eight months. I had um a a lady who runs a hair salon ask if this would be something that could be considered um whereby she would be doing her business out of her home. And the background on this is when the last time that the zoning regulations were up upgraded and approved back in 9596. Um at that time there were quite a few um beauty shops that were operating out of their homes and some of them had multiple chairs in their homes. So it was not only the person that was living there but also they would have another butician working out of their homes with them. And at that time when we adopted the regulations um beauty shops and barber shops were then prohibited in the 95 adoption of the zoning regulations and it was strictly because of parking. Um, parking was a big issue throughout town. Um, because of the large amount of rentals and um, when we adopted those regulations,

uh, beauty shops and automotive businesses and welding were um, decided that they would not be allowed as homebased businesses. Um, you could have a homebased business to repair bicycles. You could have a homebased this to um sell fish or bait or and we do and and we did have somebody at the time that was selling selling tropical fish out of their home. Um and we have people that sell, you know, small bait shops out of the their garages um currently or people that do online businesses or some people that do other types of businesses. But the home the whole idea of a homebased business is that your neighbors really don't know that you have a business. So, our regulations were set up such that you could use 35% of your floor space, but you weren't supposed to um really have a business that your neighbors knew that you were doing a lot of business out of your home. Um but as and as a time has gone on um beauty shops have have no longer um we don't no longer have beauty shops in the residential districts where they've just kind of gone by the wayside. All the grandfather uses are no longer existing. We do have people um that do massage therapy out of their homes. We have people that are doing well maybe not anymore um At one time I knew somebody that was doing nails out of their home. Um but like I said this um I was approached to well could I do my hair salon out of my home and at at the current time no you can't. So, um the planning commission talked about it at quite length and I also um called and talked to um people in my position in

the city of Alliance in the city of Garing and each of them those communities allow um salons in the home in their residence as a homebased business or with a special use permit. So, more discussion and um the planning commission at their last meeting decided to um recommend to the city council that uh hair salons would be allowed with only the occupant of the home being the person that would be able to have the salon and just one chair, one sink. So thereby only one person is doing the hair. Um, and we started talking about just beauty shops and then they said, "Well, let's not be discriminatory. Why can you not have, you know, it whether it be a man or a woman having the salon?" Because a lot of women are doing men's hair now these days. And at one time they talked about appointment only and they took that out of there because again, let's not discriminate. In fact, one of the person on the planning commission said, "We don't want to make it so hard that a person can't make a living. We're don't want to chase away businesses. We want to make it I can't remember the exact wording, but we don't want to chase away business, but we don't want to have so many people working out of their home and taking up the whole street with parking either." So they wanted to make sure that there were two parking stalls on the private property. These people have to park on their property. So So what you have in front of you with the resolution is pretty much what was decided at the um planning commission meeting. And I think that it's all doable. Um the signage is

only a sign two pieces of paper. So it's two square foot sign. Again, the whole object of a homebased that the neighbors aren't supposed to really know what you're doing out of your home. So, there was no opposition at that at the planning commission meeting. I don't know whether there's going to be anybody that wants to speak after I speak or not, but I think it's very doable.

Since you mentioned the resolution, I had a question about the two off street parking stalls. if I I assume that those would be in their driveway, but then I question between the curb and the sidewalk in the old older part of town if they pave that. That is not that is that's public. Anybody can use that.

Correct. So, um I've the person that I've been talking to, they actually want to make parking off the alley on their private property. So, that's probably in the older town, that's probably what would happen. Or they could, you know, put them in their driveway if they have a wide enough driveway to double it up. But in um like I said in the older part of town you most most of the lots in the older part of town are small unless unless you have you know two lots

but this on a on a 50oot lot you can very easily have two parking stalls off of the alley if you're in a part of town that has an alley you know. So but no the the portion of this of the the boulevard does not count because that is on street. That's what I understood.

Any other comments, questions? Any more [snorts] questions for me? Well, similarly, we have uh counseling services in in homes with special use permanent. So, counseling services are actually offices. So, they're in already in the um and most of them are not homebased businesses. They're actually the only thing in that house in a residential district. So, they're their office in that residence. Typically, most of those don't live there. So, they're not a homebased business. That's the difference. So, if uh [clears throat] I'm not a welder, but like you said, a welder. Could a welder do welding in his garage?

No. Welding is not is a prohibited homebased business as is over as is automotive. And the welding is because Well, and also a lot of the byproduct is usually can get kind of a lot of byproduct. Yeah. Yeah. You got to weld it and then you got to grind it down. That's not a quiet operation. [laughter] Any other questions? Thank you. Any other questions?

No, I I agree with with going to end the the zoning regulation. So, if there are no other questions, the time being 612, we'll close this public hearing. And moving on to item C on the agenda, I'll introduce resolution 2026-22 and move for its approval. Second that

motion by Kevin, seconded by Shane to approve resolution number 2622, 2026 222, which is to allow homebased hair salons um as a homebased business. Ch making appropriate changes to article six of the supplemental use regul regulations, residential uses in which our hair salons are permitted with a special use permit. They're permitted as a home occupation of residential district after the occupant receives a special use permit. One sink and one chair are allowed per residence. Two off- streetet parking stalls are required per residence and all other homebased business regulations apply. Any questions about anything in resolution 2026-22? If not, could we have roll call, please?

Shepard, yes. Grace, yes. Alexi, [clears throat] yes. Anderson, yes. Yes. Item D on the agenda with I'll introduce resolution 2026-23. Move for its approval. I'll second that.

Motion by Shane, second by Mark for resolution number 2026-23. just to ratify the commercial lease agreement previous that I previously signed between the city of Shadron and Belleris Eller LLC for the temporary use of the Shadron Public Library. This is the lease on the building at 2011 West 2nd Street. Um the the landlord wanted to get things going so I signed the lease agreement with the provision that will be ratified at this meeting. So, anyone have any questions about that? Included in the bills this evening is a payment for the security deposit of $1,300 and then two monthly payments of $1,300. I'm just glad they've found some place to move.

Okay, no questions. We have roll call, please. Shepard, yes. Graves, yes. Alexi, yes. Anderson, yes.

Yes. Okay. Item E on the agenda is a press release from Alliance, Public Alliance Community Energy, otherwise known as ACE, and they're sending us $15,117 as our share of the profits for the year, so to speak. um which is a nice thing those for those who buy their G natural gas through race. So we're getting a little bit of help on our budget with these dollars. Anyone have any questions? I had the information to read there. Um, I was wondering about they give us the $15,117 based upon $100 for board meeting attendance which we attended by virtual attendance and you did that. Okay. Thank you for your $100 [laughter] and we gave you the time to do that. Um

they're very boring. Very boring. Yeah. Um we got zero for a community power project completion, which is you get $1,000 for completing a qualifying choice gas year marketing activity. But I got to get going on it. That'd be a nice thing to do. Unless it takes two weeks to do it.

It does. [laughter] Anyway, Then we got 740. $743 is 5% of member communities based upon go gas volume for ACE customers in each community. And we got $13,666 of 90% goes to communities whose municipal accounts have ACE as their supplier on the date to distribution is authorized. It's calculated on gas volume of ACE customers in each community. And then another $68 is 5% is allocated to qualifying founding members based upon the percentage of the total contributed by all qualifying founding members. So nice nice amount of money to help go in funds. Okay.

And is it these funds that then we redistribute for grants, the ACE Kino funding that so a lot of this does go back to the community when they apply for it? Yes.

Okay. Um we have ordinance number 1444 us. Ordinance number 1444 is before the council for its third and final reading. Please read ordinance number 1444 by title. An ordinance to amend chapter 16 traffic regulations article one enforcement of the municipal code of the city of shatter Nebraska to repeal section 16-106 garage owner report damaged vehicles to renumber section 16-107 to 16-106 truck routes to reumber and amend section 16-108 to 16-107 official emergency vehicles exempt to number and amend section 16-109 to6-108 emergency vehicle rightaway 4 to remember and amend section 16-110-6-109 emergency vehicle government vehicles to number section 16-11 to6-110 emergency regulations article two operation of the municipal code of the city of shatter Nebraska to amend section 16-204 operator's duty accident to amend 16 to amend section 16-207 muffler to amend section 16-209 operation required equipment article 3 parking of the municipal code of the city of Shatter Nebraska to enact section 16-334 handicapped or disabled parking to renumber section Section 16-336 to 16-335 violation penalty

article 4 rules of the road of the municipal code of the city of Shatter Nebraska to amend section 16-48 slowmoving vehicles operation passing and meeting to amend section 16-419 allterrain and utility type vehicles to enact section 16-420 Golf Cars and Low-SPE Vehicles Article 7 Bicycles of the Municipal Code of the City of Shatter Nebraska to repeal section 16-71 license required to renumber section 16-72 to6-71 license issued inspection fee to reumber section 16-73 to6-72 traffic regul ulations apply to renumber section 16-4704 to6-73 parental duties child less than 16 to renumber section 16-75-6-704 writing regulations and to repeal subsection 12 and 13 of writing regulations to remember section 16-706 to 16-75 violation penalty. Article 8, skateboards, roller skates, and scooters. To repeal section 16-82, prohibit prohibitation of use of sidewalks within certain areas. to renumber section 16-83 to 16-82 violation penalty to repeal all ordinances and parts of ordinance ordinances in conflict herewith to provide for publication in pamphlet form and prescribing the time when this ordinance shall be in full force in effect.

We need motion by council member I'll make a motion to um Oh, there's actually a thing to read.

I move I move that ordinance number uh 1444 be approved on its third and final reading.

I'll second. Motion by Shane, second by Kevin. Is there any discussion about this ordinance? Um, we had quite a bit of discussion last meeting [clears throat] and we removed the language that prohibited ATVs and UTVs from operating on highways and adding a requirement for flags on golf cars and slowmoving vehicles. I'm still in a quandry about the first part of that. I can't remember the page where they said the vehicle has to have two methods to apply the brakes. I went to and I was tell telling the rest of the people at the front here before the meeting started. I went to boss's night at the fire department and one of the pe persons in attendance said he did that as a kid. He jerked on his emer park parking brake to lock up the rear wheels and slide those. Now I used to do that. I slid the back tire on my motor scooter, my Kushman Super Eagle motor scooter, until I got a spot on it. [laughter] But no one has a good answer for me other than with these modern cars, there's a button, and I'm not going to touch that button if unless the car doesn't start and stop, then I might do it if I can remember, but I'll be probably panicking. So,

any other discussion following my frivolous comments? Katie, you put a lot of work into this. So, yeah, thank you for that. Um, yeah, I I talking with um everyone, it it seems like I think we have it down pretty good for the community to utilize their appropriate vehicles. All the discussion is up. We have roll call, please. Shepard, yes. Graves, yes. Alexi, yes. Anderson, yes. Klein,

yes. I declare ordinance number 1444 approved on his third and final reading. Ordinance number 1444 has been read by title three times. The question is, shall ordinance number 1444 of the city of Shatter, Nebraska finally pass? We have roll call, please. Shepard, yes. Graves, yes. Alexi, yes. Anderson, yes. Klein,

yes. [clears throat] Ordinance number 1444 is hereby passed and adopted. I'd like to introduce resolution 2026-24 and move for its approval.

I'll second. A motion by Mark, seconded by Clay to approve resolution number 26- 24, which is the final payment of fuller construction on the downtown plaza restrooms, otherwise known as the glorified outhouse. [laughter] A very nice set. So, as you all know, the um plaza restrooms are complete. So, this is just doing the last step in the process by paying the contractor what we owe them $13,425. [snorts] Um there's a little bit of paperwork to do um but we have already um claimed the money um the county for the grant process. I am finishing up the paperwork with the Daw County Tourism. I ordered the plaque that we need to put on there that says partially funded by Daw County Tourism that goes on the building

and then we will have everything done for that building. It's been a process. Is it up and running right now? used it this morning.

But just for clarification, we I know we've gone over this a couple different times, but we reduced the amount approximately by $18,000. We took some stuff out, went with brick instead of rock. Uh but then we had to do a few change orders uh along the way. Um which but then we got a little bit of a kickback from the um engineers. Well, it wasn't a kickback. Wow. I guess maybe I'm using the wrong made some adjustments. [laughter] We made some adjustments on their bill. Um, but yes, we have done some negotiations both directions. Yes,

it's been a process.

Well, it looks very nice. Tom and I have been talking about um restrooms for a couple of the parks, where we would put them, what we would like to do for processes there. Just preliminary discussion. Um just a quick update since we're talking about recreation facilities. Um the pickle ball courts are coming along nicely. Um we're hoping to have them start the pavement on them the week of March 9th. end of the month in March hopefully the playground equipment weather permitting um we'll start installation installation there once the pickle ball courts are actually paved we have to wait 28 days before they can come back and resurface them or surface them um and they can only do that if the weather at night is 45 degrees or above. So the courts themselves might be installed but the surface will not until the weather is of such temperature that they can actually put the surfacing on. So we're getting there. Baby steps. So

and the other thing that that contractor is also going to do is give us some estimates on the tennis courts too. Correct. While they're there to see what we got so that we can start figuring out how we can do some of those things. And I don't know, did they meet with the school while he was here? I don't believe so, but the school is talking will be hopefully talking to them along with the college to see about resurfacing the tracks as well as as an option. Not committing anything just why somebody's here, opening the door while the contractor is in town. Small update.

I have a question about construction of these. Are those slabs completely level or are they sloped just ever so slightly? Sloped ever so slightly. Um the the actual pickle ball courts themselves will be slightly sloped to the north and then the staging area will be slightly sloped to the south. So yes, and um when they're installing it um for those of you that are interested, it's post tension concrete. So, there's actually got wires in them where they'll actually t um tension them up. They'll actually tune them up. They'll right

tighten them. Um I'm very excited to see this. I've only seen it on like YouTube channel kind of stuff. I've never seen it actually done in person. So, I'm very excited to watch it. So, for our community, it's something if you into that kind of stuff, you may want to watch it. So, you might want to also talk about where their sidewalks are going to connect to this pickle ball courts.

Um there is we um going to put in an ADA sidewalk from the north south sidewalk that's in that park that connects 10th Street to 8th Street. So, they're going to we're going to have a a connector for ADA access to the courts there. Um, and we already know that it's going to destro destroy a little bit of that sidewalk that's parallel to 8th Street. So, we're going to have to take out probably four four foot sections of of sidewalk and reinstall it. So, we're already got some cracking with everything that's gone across it so far. So, but we kind of knew that was going to happen, but pretty excited. It's coming.

Very good. Thank you. Could we have roll call, please, for resolution number 26-24? 2026-24. Shepard, yes. Yes. Alexi, yes. Anderson, yes. Klein, yes. I'd like to make a motion to approve the claims as included in our information.

I'll second that. Motion by me, second by Shane. Um, as I mentioned before, the payments of $3,900 to pillarist concerning the library temporary library quarters is in there. And then, um, we're making final payment on the the new biffold door at the airport. We paid $10,339 as a deposit. Um, and now we're paying the balance of $31,17. And that's a result of a hail claim, I believe. Insurance claim.

It's an insurance claim. Yes. So, that that'll be reimbursed up to less than $1,000 deductible. So, I had a question about the the city ponds with the tree hauling. Is that a swan bill? That it's not a swan or is that just a bill haul having someone do it? That is having uh Kenny Groves haul it into town. It was some big stumps and stuff that we didn't have where he could pick them up and he could haul them all the way into town for what we were wanting to do

out there. Um, what we did is, um, we had to clean up some trees before they fall into the dams themselves. So, Tori got that taken care of, hauled them off to the side, and then we had to haul them away someplace else because they were too big to burn. It was just too dry to do anything with them, and we didn't want to leave them out there, and that was the best option that he had at that time.

Oh, wow. big cottonwoods. We did offer them up for um firewood opportunities and uh no nobody wanted the cottonwood unfortunately that we talked to. [clears throat] Any other questions about any of the bills? If not, could we have roll call please? Shepard, yes. Graves, yes. Alexi, yes. Anderson, yes. Klein, yes.

Um, public comment, anyone wishing to address the council on a matter not on this agenda may now do so. Individuals allowed a total of three minutes to speak. [snorts] It doesn't seem that we have any takers. She's denying it, I guess. [laughter] City manager report.

Thank you, mayor. Um, I just have a couple quick things. As we get ready to start doing our spring cleanups and stuff, I just wanted to remind the public that they need to be looking at their trees, brushes, or bushes, anything like that. Um, and get them taken care of. As far as uh we do have our community service officers starting to go around and and looking at the trees, the height over the tree uh over the sidewalks themselves needs to be 8 foot six. And then anything that's in the driving lanes out there where vehicles, they need to be 10 foot tall. So if there anything that's questionable right now, you know, when the leaves get on them, they're going to sink. And so it's a good time to try to get some of that pruning done prior if if possible to do some of those things to help out with that. Um Janet talked about the memorial park item. Uh one thing that uh PD is is just getting ready revved up. We're going to be putting up the new sirens. Uh the one at the community center or community garden will be going up. Uh the poll is over there. action community action

communications. There you go. Uh has the uh sirens on the polls themselves. MPPPD has uh used this part to be part of their community donation, but they're going to help us to get these put into the ground at no charge to the city. And they sold the poles to us at their discounted price for those things. So, it's helping us out. But the biggest thing is is to try to find something that can put those big 55 foot poles in the ground. It's a huge savings for the city. We appreciate MPPPD doing that u for us. Uh and then the last thing I forgot to mention is that we still have the dial truck available. Uh the public, anybody that needs to have any kind of cleanups, um as long as it's one category item, uh they can have that truck. And it's the phone number is 4320528. Great way to clean up appliances, lumber, trees, whatever you would have. Mattresses. Yes, we seen several mattresses that were laid out by the dumpsters again. And uh so we just want to remind public that there is some options out there. And if if anybody sees that being done, if your neighbors are doing that, they don't have the access to that, they need to contact, we can provide the vehicle and all they have to do instead of them dragging it out there and leaving it right by the dumpsters and then somebody else has to clean up to them and help it out. Just helps keep everything cleaner. But uh those are some of the things that uh and I think Mike's going to be doing his report next end of next month

in March. in March at the next meeting. Second meeting. Yeah. And Mark, Mike will be doing the community service officers quarterly report at that time. Okay. Be first week of April. If that's all right with you, Kevin. Yeah. Okay. That's all I have. Thank you. Ju just to go back to the sirens for a minute. We we had talked about the poll that's on Ridge View. Mhm. Um I think we wanted to move it closer to Mark's house. Yes. [laughter] Was Was there a um I I never heard a specific location for where that was moving to. Is that

Yeah, [clears throat] that the area we're looking at is actually down closer to behind Walstrom Ford. Okay. Okay. Yep. in in order for that to help cover more of the area that we're looking at. And then the one that's over in Kenwood, have we decided on that one, Rick? Noticing the the Hampton softball fields, not Shamway. Correct. Yes. Okay.

And so that'll help give a little bit better coverage for some of the things that we have. So, those are those two have been ordered and uh but we we haven't gotten them ready. But the other two hopefully will get installed here and I think they told us the third week of March. This the week of 16th I think is when they're going to be doing that. So excited to get some of the new updates on some of the stuff before hopefully before the hazardous weather hit comes to us and hopefully we don't have to use them. Okay. Thank you, Tom. Council closing comments. We'll start with Shane.

Um, uh, see, uh, George, George, I and Mark, uh, were able to go to the mid winter. I think you went to the

fall. Anyway, uh Midwer um board m municipalities meeting and uh it was I I always feel uh if I can bring something home to the community to um learning um it's a it's a good deal. Um I think we all three did um a lot of uh some of the things that we talked about were were with the creative art district um social media forum municipalities Nebraska natural water healthcare trends and USDA grants. Um so there's a lot of good info we brought back. Um, also I'd like to remind people um about the March 14th there's a postplayhouse um fundraiser um supports the local postplayhouse in Fort Rob. And then also on the 21st of March is the green gala. Um it helps fund uh keep chat beautiful. Um, and I it's a it's a really good um organization to keep uh keep our community nice and clean. So, go ahead.

Well, as Shane said, uh we got to go to League of M municipalities uh meeting in Lincoln. I appreciate the opportunity that we have that funding uh to enable us to attend those meetings and we always or I always do seem to bring back uh some ideas or information. And one thing I thought that was kind of interesting, uh, a lady from, um, the university talked about, uh, the population of Nebraska and that, um, it's really the increase of Nebraska is really due to the international immigration to our communities. And that's really the only growth we've had is from uh people coming from outside of the United States making Nebraska grow. So I thought that was kind of interesting. Uh and and also it's it was heartening to know that Shatron is taking advantage of some of the funding opportunities that are available out there that we learned about uh as far as the the tree program and the creative arts district money. Um so um you know we are being proactive in doing some of these things to benefit our community. So um that's all I have. I don't have much this evening. Um I I just wanted to briefly comment on this you know approval of ordinance 1444. Um that's been my first experience as a council member where you know a citizen approached the council with a question. You know, Scott Ferno asked about the slowmoving vehicle and um that's that's one thing that is affected by approving that ordinance and I'm I'm happy with the result of that and it's just been an eyeopening experience. You know, there's not uh a lot of bureaucracy involved in

that. But when you kind of open the the box up and say what uh what complies with state statute, what needs to be updated, you know, it becomes a more detailed and complex process than than it might at first have seemed. Um but I am glad with the the passage of or the approval of that ordinance this evening. That's all I got. Uh, [clears throat] I'd just like to thank the zoning commission for bringing forward the new regulations for the smaller businesses. Um, really relaxing those and making it easier for people to start their own businesses where it's might be hard for them to rent a new building or anything like that. uh that'll be really beneficial for the city of Shatron and I hope we can find more ways to continue doing that. Well, [clears throat] today close of business was the last day to file for election for this fall's elections. Um and I want to thank those who are running for public office, including those running for the city council. Um, the last I heard there are only the three to individuals to take the three positions, but someone could have filed late hour in the at the courthouse, but I seriously doubt it. And the other thing I just wanted to mention, I think we all as a community need to pray for moisture because we we need some help there, whether it comes in the rain or snow. whatever. Um, it's going to be a long summer if we don't get some timely rains. We need some of those. Somebody

sometimes when you get a timely rain, they say that was a million dollar rain and they they're right in the areas of agriculture probably several million. So, and Shane has one more thing he wants to Yeah, I uh I forgot to mention this, but I don't think the public realizes how uh much Katie really does a matter of job with this um ordinance 1444. And I just wanted to thank her for all her hard work because it's a lot. So, thank you. It was a group effort. So,

don't say a shucks. [laughter] That's all I have. Okay. Anyone want to I'll make a motion to adjurnn. I'll second. Motion by Clay, second by Kevin to adjourn. Would we have a roll call, please? Shepard? Yes. Graves? Yes. Alexi? Yes. Anderson? Yes. Klein? Yes. I brought this down.