City Council - Regular Meeting

was my assumption. They're throw and [clears throat] be a lot worse. And now we're on the right. Looking forward looking forward to it. Yeah,

good evening. It's now past 5:30. Thank you. Um, want to uh explain I got a call from Mayor Kellerher. Uh he was uh out of town this weekend uh for the Thanksgiving uh holidays with family I believe and his plane got delayed. He's unable to be here tonight. Uh he won't be back in North Plat till he thought after 7. So uh I am going to act as a presiding officer at this meeting. Uh I have no official capacity other than a presiding officer. I am a ward uh my ward is ward one. I'm a council member. I have a right to vote. I will do that but no other capacity than I have as a a uh council member. Um so [clears throat] we'll proceed on and do the best we can. I have a lot of people who know more about this than I do. So we'll we'll get through this. Uh first of all we have the invocation if we could please rise. Uh Byron Lang Lamgo with the Christian Outdoor Fellowship.

Heavenly Father, thank you for this day that we've been given and the nice day that it was. Thank you for the opportunity to come here and pray before this group of men. Please give them the wisdom and the clarity of thought to make the right choices for our city and that it will continue to grow and be what you would have it to be in Jesus name. Amen. Amen. 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.

Angie, let's do the real roll call of the council members. Nestle present. Here. here. Here

a current copy of the Open Meetings Act of Nebraska is posted on the wall at the back of the council chambers. That's a uh the meeting procedure. The public may address specific agenda items at the pleasure of the presiding officer. If recognized by the presiding officer, please identify yourself by stating your name and address. Please address the council through the presiding officer and limit your remarks. We respect our city employees and request that any complaints or criticisms of employees not be aired in a public meeting. Concerns about employees should be brought to the attention of the city administrator or mayor. Individuals in violation will be declared out of order. The first item I guess do we have any awards? I don't believe we do tonight. Uh the first item is the consent uh agenda. All matters under the consent agenda are considered by the council city council to be routine and will be enacted by one motion. Any city council member may however remove an item from the consent agenda by request. Uh item number one, A, approve the minutes of November 8, 2025. B, approve the reappoint of Carol Lee uh Lind to the North Plat Housing Authority Board. C. Authorize the mayor to sign renewal of city maintenance agreement number 20 with the Nebraska Department of Transportation. D. Appoint Bill Trajinski, city attorney, as successor trustee of a deed of trust executed by Katherine M. Cunningham. E. Direct the successor trustee to

reconvey the property described as lot 12 of Solders replat of lot 7 of Buffalo Bills subdivision, North Plat, Lincoln County, Nebraska to Katherine Cunningham. F. Appoint Bill Trajinski, city attorney as successor trustee of trust, executed by Alex A. Sanchez and Helen Vieiraa Sanchez. G. Direct the successor trustee to reconvey the property described as the west half of lot three and all of lot four block 16 Lincoln Highway second edition to north flat Lincoln County Nebraska to Alex A. Sanchez and Helen Vieiraa Sanchez. H appoint Bill Tjinski, city attorney as successor trustee of the deed of trust executed by Cheryl A. Jensen. I direct the successor trustee to reconvey the property described as lot 7, block 44, original town of North Plat, Lincoln County, Nebraska to Cheryl Jensen. J. Appoint Bill Trajinski, city attorney as successor trustee of a deed of trust executed by Cynthia Lee. I believe that's sites. Uh K. Direct the successor trustee to reconvey the property described as lot 10 block nine Cody's second edition to North Plat Lincoln County, Nebraska to Cynthia Lee Sites. L adopt the recommendation by the city planning commission for preliminary and final approval of Chase subdivision

located at 802 East Walker Road in a I1 light industrial district. M adopt the recommendation by the city planning commission for a preliminary and final approval of Fritz Farm second subdivision located at 1120 Andy Avenue through 11:09 Gwyn Avenue in a PR-3 Planning Residential District. Mr. Councilman uh Nissley, I move that we approve the consent agenda as presented. Second.

Okay. Uh there is a motion and a second. A motion made by Ed Rer, second by Pete BS to approve the consent agenda. Uh any discussion? Okay, let's vote on that. All right, the consent agenda is approved. We'll go to the regular agenda. It does show we're going to do the close session at the end after the claims tonight. So, we'll proceed on with the regular agenda. Uh, number two, approve the landfill pasture land grazing lease with Billy Wilson for $9,250 per year for 2026, 2027, and 2028 and authorize the mayor to sign necessary documents.

Councilman, I move that we adopt proposed motion, excuse me. I move to approve the land bill landfill pasture land grazing lease with Billy Wilson for 9 $9,250 per year for 2026 2027 and 2028 and authorize the mayor to sign the necessary documents. Second. There's been a motion by Ed to uh approve item number two, second by Ty. Is there any discussion on this issue? Yes.

So, do we take this out to bid or how we do? Huh? This this is the highest bidder getting right. I was just crunching the numbers. I mean, there's there's some real money out there that you can make off that hay. So, this isn't hay. This is grazing. Oh, okay. I miss. All right. That makes sense. We also do hay at a different time. Gotcha. That's what I was thinking wrong. Okay, never mind. That answers my question. Thanks. Any further questions or discussion? Yes, Mr. Reaper.

Thank you. Thank you, Councilman. Um, Lane, what what responsibility does the city have regarding the property? In other words, I presume there's some kind of watering mechanism on the property and the fences and who's responsible for taking care of that and maintaining the well. We make sure the fences and the well is working at the start of each grazing season. So, if something fails during the grazing season, then is it the tenants's responsibility to make those repairs and corrections or how's that? Great question that I can't answer. I we haven't had any issues in the last seven years, so I don't know that for sure, but I can find that out for you.

Might be an good idea to have some clarification there. It's just so we don't have any issues with it in the future. Thank you.

Thank you. Any further questions or discussion? All right, let's uh vote on the motion. That motion passes. Uh item number three, uh adopt the resolution to approve placing stop signs at the intersection of Brian Avenue and Francis Street for northbound and southbound traffic. I move to adopt a resolution to approve placing stop signs at the intersection of Brian Avenue and Francis Street for northbound and southbound traffic. Second.

There's been a motion by uh Councilman Flanders and the second by uh Councilman Lucas uh to approve the uh item number three. Any discussion or questions? Yes, um I don't have any problem with the the placement at at the Brian, but I'm curious, uh Francis and Taber, there's a stop sign stopping traffic going that way. Is that correct or am I missing? What are we going to do with that corner because we want traffic to to flow through there, don't we? We'll let Brent answer that question. Okay, since we're talking about Francis.

Good evening, Mayor and Jim [laughter] in council. Um, that you're correct, Brad. The plan is to change it. The direction of that stop. Okay. Right now, it's stopping east and west. The plan is to have Francis be no stops [clears throat] at all through that entire corridor. So, that will be changed once we get closer to having that open. So, we will be bringing that back um once that section is closer to finished and usable by the public. Yep. Perfect. Thank you. Yeah, good question.

And I misspoke. It was Rod, you made the second on that motion. So, was it was the motion made by Brian, a second by Rod Dy on item number three. Any further questions or discussion? [clears throat]

vote on item number. That motion passes. We'll now go to item 3A. Adopt adopt the resolution to approve schedule I of chapter 78 of the code of ordinances of the city of North Plat to add north no parking zones at Francis Street from Taber Avenue to Devco Avenue both sides approximately 3,800 ft to the southwest corner of the US Post Office. Councilman Nissley, I move to adopt the resolution to approve schedule I of chapter 78 of code of ordinances of the city of North Blad to add no parking zones at Francis Street from Taber Avenue to Devco Avenue, both sides, approximately 3,800 ft to the southwest corner of the US Post Office.

Second. [laughter]

Is there any questions or discussions on uh this particular item? Mr. Chairman, I have a question. is uh uh uh Francis Street there. Is that no parking all the way from Jeff or Dwey all the way down to Taber or is that is there parking there now? Um there's no parking all the way to Taber, but from the east side of Taber, that kind of half block, there's parking right now. Okay. Um where it dead ends, there's parking on both sides. So there'll be parking will be removed from there in that half block. Okay.

But once that's removed, it'll be the plan is no parking from Newberry to Dwey. Okay. That's what I was wondering. Right now, the only change would be that that little block. Okay. From Taylor East. Okay. Yep. Go ahead. Sorry. Yeah. I didn't want him to get away. So, and maybe it's not legal, but today I periodically will see street parking like at the uh Abby Carpet store, Dave's Place, that area. So, that area doesn't allow parking today. Correct.

Okay. I mean, I don't think it's very often. I don't know who it was. So, [laughter] you see a lot of trucks parked there unloading freight. Yeah. Okay. [clears throat] Thank you. Yes. Uh, have we sent out any communication to that one block with the the residential? We have We've talked to all of the property owners about in in person. Okay. Thank you. Any further questions?

Thank you. Uh, uh, no further questions or uh, discussion. Let's vote on item 3A. Item 3A is item number four. Adopt a resolution approving the vacation or abandonment of Vieiraa Avenue as a public road of county commissioners of Lincoln County, Nebraska. Councilman Nisley, I move to adopt a resolution approving the vacation or abandonment of Vieira Avenue as a public road by the county commissioners of Lincoln County, Nebraska.

Second. Okay. There's been a motion by Councilman Raper and a second by Councilman Lucas on item four. Is there any discussion on that? Yes, Councilman. Thank you, Mr. Nisley. I'm just what can somebody help me understand the process of like where we're at right now with that road? Has it been abandoned by the county yet or is there do they have to do that first? Do we have to do our part first? How does this process work?

So, uh the simplest answer is that we're working in conjunction with the county. So, there's a there's a statute that pertains specifically to how a county vacates a road. And so their first step was directing the highway superintendent to uh create a study uh regarding the vacation of the road. So that is in process right now. Uh because the road is within the city's zoning jurisdiction. Uh the statute also requires um basically the consent of the city council um or sorry the vacation of the road requires the consent of the city council in order for the county to move forward uh because it's within the two-mile extr territorial zoning jurisdiction. So, so that's the only reason it's back in front of us, uh, is because because of its location, the commissioners can't move forward unless the city council provides their approval.

Okay, that makes sense. Thank you for the explanation. Any further questions? Yes, Councilman Gary. So, I I called up some of the uh um commissioners and had some conversations with them. I don't get me wrong, I'm in favor of this. like I that's that's not my concern. My concern is I don't want to make it appear like we're trying to tell them what to do. So, is this a timing thing that that they literally they're waiting on us to do this in order for them to do next steps?

Yeah, I mean I I couldn't speak to exactly what their timing looks like. I know they have notices that they have to send out once that um study is completed. And so this likely still won't be completed by the commissioners till sometime in January, but uh we kind of thought that it was better to just get it in front of city council sooner rather than later so that we don't hold anything up on their end. I gotcha. Is there any downside to if then they decide not to abandon the road, this resolution just goes away then? Essentially. Essentially. Yeah. because it the resolution is tailored so that you're really only saying that we approve or we okay the county commissioners to move forward with their plan.

Gotcha. So, and it's again it's just all it's all according to the statute that's out there for them. Gotcha.

Any further questions or discussion? Vote on item number four. Item number four passes. Item number five. Uh third reading and action to adopt ordinance number 4231 and excelling partial number 0054621.68 68 described as law two Branson second sub second administrated subdivision Lincoln County Nebraska into the limits of the city of North Plat Nebraska consisting of approximately 3.55 acres.

Council would you like me to read the ordinance?

Yes, please. Ordinance number 4231, an ordinance of the mayor and council of the city of Northplat, Lincoln County, Nebraska, to include within the corporate limits of the city of Northplat certain lands described as lot to Franen second administrative subdivision, Lincoln County, Nebraska, repealing all ordinances in conflict here with providing for the effective date and publication thereof. I move to adopt ordinance number 4231 annexing parcel ID number 0054621.68 described as lot 2 Franen second administrative subdivision Lincoln County Nebraska into the corporate limits of the city of North Plat Nebraska consisting of approximately 3.55 acres on final reading.

Second by reader. Yeah.

Yes. Okay, there's been a motion by uh Councilman Flanders and a second by Councilman Rer on item number five. Any questions or discussion? Hearing none, let's proceed to vote on item number five. That motion passes. Item number five. Uh item number six, uh third reading and action to adopt ordinance number 4232, enexing certain land referred to as study area- capital letter A, East 6th Street, 1600 block East 6th Street. Councilman Nley, I move to enter close.

I need to go ahead. I move to enter close session for the role of uh discussing pending litigation in order to protect the public's interest. Second.

Okay. Uh let's have um u lane read the ordinance and then we'll do the motion. Is that okay? Ordinance number 4232, an ordinance of the city of North Plat, Lincoln County, Nebraska, to annex certain land study area 2025- A East 6th Street, as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict here with, providing for the effective date and publication thereof. Okay. Uh, Councilman Reaper has made a motion to go into executive session.

I second it. You second it. I'm sorry. No, no, you're good. Okay. It's been a motion by Councilman Rer and seconded by Councilman Garrick to go into executive session for purpose of discussing uh items of potential litigation. All those and let's vote on that issue right now passes uh 8 to zero. So we're now going to enter into executive session. So everybody will have to leave the

Thank you. [clears throat]

I am too. I feel better. Closer to the door. We were back in uh public session just briefly. We went into executive session uh to discuss uh pending litigation uh really about uh

and clarification of some issues and that was the nature of extended. Okay. We had Lane you had read the ordinance hadn't you? So I suppose now is we have someone to make a motion to I move to adopt ordinance number 4232 annexing certain land referred to as study area 2025- A E6 street 1600 block of E6 street on final reading. Okay. I just want to clarify is it ordinance number what Pete 4232. Yes. Is that the right one? Correct. Is that

okay? Okay, we have a second which was a second Nick. Okay, we have a uh motion and second uh on the ordinance. Is there any dis on item number six? Is that correct? Yes. Yes. Um, is there any discussion on that? Yes,

thank you. Um, I have a question. Um, the council just voted, I think, unanimously to a modified annexation proposal brought to the council regarding the Fran's properties. I think that was initially written up to annex that whole property. The council met and expressed their desire that they did not want to have the whole property annexed but just a three acres maybe a whole parcel was to be annexed and the council unanimously agreed to allow them to do that. My question is and that was that was a friendly annexation. My question is regarding all of these properties on East Six Street that they were proposing to annex. What's different with these properties and Frances? We changed our proposal for Frances to allow them to not have to be annexed in the city because they did not want to be annexed in the city. These folks do not want to be annexed in the city, but By all indications, we're going to force them into an into an annexation in opposition to their desires. Well, we didn't do that with Francis, but I'm wondering what the difference is. Judy, you want to address that issue for us?

Short answer is access to city water and sewer. Um the Franen property has no access to city water and sewer. Um most of these properties there is one that would have to extend um the water line I believe but other than that they all have access to city water and sewer and the majority of them are hooked up to city water and sewer. That's the biggest difference. Am I correct in my understanding that these folks that are hooked up to sanitary sewer and city water are paying elevated fee to to offset the fact that they are not annexed in the city.

That is correct. So they are paying something um in of taxation I guess maybe maybe it's equal maybe it's more maybe it's less I don't know how to calculate that but uh I just it seems to be a little bit inongruent that one portion of property we've accommodated the property owners wholesaly and for folks that do not want to be annexed into the city we're disregarding their And I don't think that's the way we need to do business. Any Okay, Councilman Lucas.

Council, I'd just like to respond to give you

I'm sorry. I'd like to just respond to give you my opinion. I mean the process has been the same with each pro with each parcel property where went to the planning commission. We took public input. Every councilman makes looks at it from all factors and makes their votes. So we'd be here all night but we could probably go around the room and every council member could give you their opinion. Um my opinion is that there's differences in the property where the property that we're discussing on E6 I see is a little more of a donut hole property within the city and the property in that area as a little more on the outsides of city limit. But we also had discussions that I think we all recognize that at some point it would be nice to try to bring that Eugene Walker area into the city as part of a comprehensive annexation plan, but that's going to involve, you know, discussions about city services and and multiple properties and that. And so the reason that I've voted differently doesn't have anything to do with size of the property or whether people were in favor or against it. is that I just think they're completely different circumstances at this point in time. But I think the key is that we've gone through the right process with each one and then the votes the votes fall based off the decision that the council members, you know, take the information to make.

In regards to your comments, Ty, I correct me if I'm wrong. As far as the planning commission, did they not approve Franen's annexation of the whole parcel? Mr. Would you clarify that for us? Yes, they did. They made a recommendation to do the entire parcel. That is correct. So, we as a council went against the recommendations of the planning commission. That is your right. You and I understand it's our right. Yeah.

So, I still don't understand I I don't understand why we're listening to one group of folks, which I wholeheartedly agree with what we did with the Francins. I think we made the right decision, but I don't think we're making a right decision here. And I think, if I'm correct me if I'm wrong, Judy, but I think the terms that you used at our last meeting had something to do with an orderly plan of development or something like that. Yes. was one of the primary reasons. Yes.

If by admittance we're working to towards an orderly plan of of development, it would seem then that we should have stayed the course with the Franen properties because that would have facilitated an orderly plan of development, but we didn't do that.

Well, and again, Councilman Rer, I'm happy to weigh in on this, too. Um, you're asking for differences in the two. One is the difference between a friendly annexation and a non-friendly annexation. There are different legal requirements that are involved. And so on on the Franen property that was began or it it was initiated as a friendly annexation. Uh so uh when it's not friendly uh we have to go through certain steps that we've taken here uh such as putting together the plan for annexation. Uh we did not have that uh with the Franens. And so that was part of the reason why it was good for the council to remove them. Number one, but number two, that's a really big difference. We've gone through all of the required legal steps uh for the annexations that are now before us this evening uh which include putting together a plan for providing city services amongst other things that are included in the plan.

And I'm not arguing that uh Bill. I guess my point of contention really is the fact that one party didn't want to be annexed and we allowed them not to be annexed and be it friendly or unfriendly in my mind doesn't make any difference because we we accommodated these folks. But on the unfriendly annexation, they don't want to be in in in annexed into the city limits and were excuse me unwilling to listen to their their their thoughts on on the annexation. Well, and just to note too, legally it makes all the difference.

Well, after I I don't understand law. I'm not a I'm not a lawyer, but it seems to me like we as a council should be listening with both ears to both parties and render the same judgment. Okay. Any further discussion? Is that legal? Because they were subdivided. So I that's yeah I I could I couldn't answer that question. I guess what I'm trying to say it's clearly not a public hearing but uh that's fine. I I appreciate what you're No, that's fine. Die, did you have something you wanted to present to us on this? Uh yeah,

petition or something you wanted to I'll allow you to do that so you could [clears throat] There's only a dozen actual residents in that area. We do have a lot of support out of the area that don't agree with the annexation and I have a petition here that we have several people have signed. You circulate that amongst the council. I'll do that. Okay.

Say there was misunderstanding. I don't remember which councilman asked John the last time if he was on city sewer and he said yes. Well, I don't think that that council person realized that we're at 17086, which is on the south side of Sixth Street, which is already in city limits. We own land on the north side, which is outside city limits. And then the block, of course, on down there. But, uh, that's why he said, "Yeah, I'm on city sewer." Because our house is in city limits. And uh the 16 under block of E6 is the one that Judy was in reference to on the water and sewer. And we discussed that, but there is no reason to expend that those services to that area because there's not any there's no residents in that area. There are some houses that will be torn down. We've got demolition permits on a couple of them. Um the cars we, you know, we've got a lot of older cars. We'd like to have, you know, the the business has been there for since 1970. That's 75 years.

Okay. Dio, I was just going to say as it pertains to item number six. Yes. Is that what you're talking about? Yes. All right.

The number six, you know, because I think we discussed that water and sewer don't have to be, you know, extended. Um, but there's no residential houses that are, you know, that are being used there. No need for it. the um the business started in 1970. So, we have a lot of cars back there. And if this is annexed tonight, I guarantee you you we'll be getting letters in the mail. It will be non-stop. Um, I would at least like to have a couple of years to get these done, taken care of, because having to sell everything all at once and trying to find, you know, we've got some buyers for some of the cars that are in there, they they're, you know, a guy drives by the junkyard, they love it. Their wives, not so much, maybe. So,

um, you know, it's just we need some time. And I I don't think we're going to get it if you just say, "Okay, yeah, we're going to pass this tonight." That's about all I have to say. I I can't give you a legal opinion, but you know, the legal process always does take some time. I think we can uh just let you know. I mean, you you can't go out there right away. I mean, I'm just telling you that. Now, whether you get two years, I don't know, but there is a time frame. you still have rights. Well, however this happens. Okay. Anything else?

Councilman Lee, um, regarding the the aspect that the property we're talking about right now has a business located on it. Um, how does that impact the city's ability to force the removal of property that's part of a business? and refer to legal counsel on that one. Um, I don't know that I have enough information to be able to offer any kind of a legal opinion on that tonight. So, if you want to uh talk to me further after the meeting, I'm happy to try to gather some more information and try to provide an opinion.

I would think that might be kind of pertinent for the decision we're making here tonight. Judy, if I'm correct, if they have grandfathered rights, I'm not saying one way or another. The annexation in of itself doesn't cancel those. Is that correct? Again, we would have to establish that. I think that's what um the city attorney is is talking about.

Okay. Right. And keeping in mind that this area is still already governed by city zoning laws, city building regulations. There are so many provisions of the city code that already pertain to this area. Oh, I'm sorry. Councilman Garrick, you're fine. Uh, did Brent sneak off? He left. He was going to come up some some numbers for me.

We'll see if he's in the back hiding. Steve [laughter] H. Um, I think my question was um, well, we give him a second. Um, let me ask this question. Not really a Brent question, but the, uh, um, on the north side of the property. Oh, there's Brent. Come on up. You were going to try and put some numbers together about or potential solutions or or give me some kind of information because that the the drainage on the south on Sixth Street uh, throughout that annexation is a problem. it pools over there. What kind of options do we have? Because we are taking them into the city limits potentially.

Um what we looked at was some of the historical what's been done in recent history um along the city side from the Orchulan area up on the east side of the road. We went and looked at the ditches. Looks like we can do some cleaning along the ditches. Some regular maintenance along that area would help. But on if you want to say the county side which would be north to sixth west of bsentennial there's no outlet for the water over there. We looked on all of the records there's no covert that we could find. So the water gets trapped in that corner that doesn't deal with the railroad side the north side but the southeast corner. It looked like there were some relatively straightforward things that we could do to get the water from that corner to the ditch on the east side, which then would get it down to Fourth Street, the old Highway 30 road ditch.

So essentially, it could alleviate some of the issues that we're talking about on that very southeast corner. We could get a vent that Culver put in underneath the road, which would get the water out of that corner. Gotcha. And out right now, get it over to the south side and at least give it someplace to go. Yes. So I I think in that quadrant we could do something relatively inexpensively and relatively quickly. It's all on city property. Thank you. In that corner.

Appreciate you looking into that. Uh you brought up the the north side. The railroad used to have some some coverts or some ways and those disappeared. Have we reached out to the railroad to start communication with them or because I I don't know if that was legal for them to bury them or you know what I mean? like drainage seems like it should be something that should have been taken into consideration. Have Have we reached out to the railroad or anything?

We we haven't reached out yet. Um I think Bill had looked up with inside corporate limits. we do have a little bit more leeway or leverage with the railroad being inside the city that we could contact them about some of the drainage from the city side and start pushing on them to try to do some improvements to help the area. Right. And I understand they're a big corporation. It's going to take time to get any kind of, you know, movement on that, but you got to start the process to to, you know, get that fixed because on the north side's another problem, you know. So, thank you Any further questions of Brent? Thank you, Brent.

You can run, but you can't hide. [laughter] Okay. Is there any further? Yes. [clears throat] You know, this has been Everybody knows who I am by now, I guess. So, the you know, it's been in the two-mile zone now since forever. So, it should have already been taken care of if that they were going to do anything about it. And all that property is surrounded by nothing but in uh commercial ground. You have Dowhowers on the south. Uh Max deal on there, which was a spot zoning episode we went over last time. Uh you got steels and you got the railroad right behind it. you know, it's all heavy industrial and uh it just seems a little odd that all of a sudden this has got to be so important. And as far as he was talking about the water, you can go out there today on Por Street going out towards the river. It's on both sides. They have ditches and then there's still water running towards the river right now. Well, some of it's got a little ice on it, but it's still running. There's cattails all along there. So it it's been flowing for I don't know how many years. And [laughter] when they did that overpass and it drove them pilings, it hydrolocked the the ground. And it does seep off slowly, but it takes it a little bit longer because everything used to be on the railroad. There was a big ditch that went all the way around that right out to the river. Well, that's no more. And I'm pretty sure the railroad ain't going to do nothing about it. they're happy with what they got. And uh I just I I just feel like that right now just not a good time for this. I think if we had a year or even two years, it would be better to revisit this. I think it

would make more sense. I mean, there's it isn't like the city's got doesn't have a lot to do right now with everything going on. And and it's like I'm not trying to uh over overdo it. It's it's just I just don't see the logic what what a little more time would make any difference and uh that'll work. Thank you. Yes, gentlemen.

Thank you, Councilman Nissley. Um Bill, correct me if I'm wrong. I think this information I'm sorry. Um the information from the court from the courthouse lists this property as uh being industrial commercial. So, how does that impact the city's ability to force the removal of of different

Well, I I assume you're talking about the county assessor's records, which the county assessor's records have they have nothing to do with the city. The county assessor is obligated by law to do certain things uh such as assessing property uh whether it's within the city limits or outside the city limits. And the city has no control over the how the county assessor does that. She she has her own separate legal uh authority and requirements that she has to comply with. And so I know there are some information around the table for everyone here that are clearly Lincoln County assessor's records, but that doesn't pertain to anything that the city has any control over.

So we can have a different zoning classification in the county. Zoning zoning is completely different from assessment. Okay. Thank you.

Yeah. Assessment is for tax purposes. Zoning is for land use purposes. I did receive the petition here and I think for the purpose of the series we'll receive this part of the record. So we'll go in with the record of the city. Okay. Uh Johnny go ahead with the paper that she turned in people that do don't live there that signed the the deal. people that know something about the city and and about the county. If you'll notice, one of the people that signed it was the county sheriff. You know, he's the leading law enforcement guy. He signed it. We had Bill Snodgrass, Ken Ken or Kim Riley, people that understand the city and how it works and devote their yourself to the city. They agree with what we're saying. And it's not like, you know, it's just me saying it. It's other people that have come to me and said, "Hey, this is this is just wrong and this is not a good time." And I I really think that people should pay attention to people that are actually on there that that really care about the all of it together. We appreciate it. We will make it a part of the record. Thank you for your input. Okay, council members, is there any further questions or discussion? I'm sorry to Yes. [clears throat] My name is Andrea Lee and I live down at 1802 East 6th. I'm on the city side of the road

and I know that technically I'm down at number eight, but that whole stretch affects us. And I wanted you guys to know as you were saying about that about the people that own the property are against it. That's not the only people that are against it. All the people, well, the people that I know, which is a lot of them that are on the city side, are quite happy with it being like it is. And it doesn't make any sense to us either. It's not an eyesore to us. It's it's actually a nice It makes a nice environment for us. we're happy with it the way it is. Um that [clears throat] there's really no traffic coming down that road. there's nowhere for him to go and it just doesn't make really any sense to any of us why it would all of a sudden be brought up when if I understand there's plans but when those plans become concrete then maybe do it doing it now when not only the people that all the people that own the property are against it but the people that live and are directly affected by it right up like live with it and deal with it every day were against it as Well,

okay. Appreciate you. You You're at 1802 E6. Is that right? Yes. Okay.

I'm Caddy Corner from Steels, but I'm on the city side. Um, but I walk up and down that whole stretch on a regular basis. So, but and I but I wanted to bring that up because I think that's that's something I haven't heard. I've heard about the the the land owners themselves being against it and other people being against it, but I I thought it might benefit you to hear that the people that are on the city side are quite content with it being like it is and it doesn't make sense to us either why it is why it would be being done at this time. Um I maybe at some time in the future if there was something else being built it makes sense but right now it just doesn't make sense to anyone why it's even happening. And I should apologize for not coming sooner because I honestly didn't think it would made it was going to go through um when I I had tracked the planning commission had had advised against had said no and then I so I just figured it wasn't going to go through and then when I saw that it had gone this far it was like wait maybe you guys need to know that there's more than just the land owners there that it doesn't make sense to

have three public hearings so people will know about it.

Yeah. Thank you. Okay. Is there anything else here? All right. Uh, we have a motion and a second on item number six. There's been discussion. Um, anything else, council members? If not, let's proceed with the vote, please. 53. Does that pass? The the motion passes 5 to three. We will now turn to the item number seven on the agenda which is uh third reading an action to adopt ordinance number 4233 nexting certain land referred to as study area 2025-B uh East 6th Street 1700 block East Six Streets.

Okay. delay. You want to read that ordinance, please? Ordinance number 4233, an ordinance of the city of North Plat, Lincoln County, Nebraska, to annex certain land study area 2025-B East 6th Street, as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict here with, providing for the effective date and publication thereof. [clears throat]

I move to adopt ordinance number 4233 annexing certain land referred to as study area to 2025-B East 6th Street 1700 block East 6th Street on final reading

second motion by Councilman McN by Councilman BS on item number seven which is ordinance number 4233. Is that correct? Okay. Is there any discussion? Any comments, council members here? Okay, let's proceed then to a vote on item number seven. That motion passes. We'll now go to item number eight, which is a third reading and action to adopt uh uh ordinance number 4234 uh annexing certain land referred to as study area 2025- C, East 6th Street, 1800 block East 6.

You like me to read the ordinance? Uh yes, please if you would. Ordinance number 4234, an ordinance of the city of North Plat, Lincoln County, Nebraska, to annex certain land study area 2025-C East 6th Street, as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict herewith, providing for the effective date and publication thereof. Minimously, I move to adopt ordinance number 4234 annexing certain land referred to as study area 2025- C East E6 Street, 1800 block E6 street on final reading.

Second. We've been a Councilman Lucas and a second by Councilman Dye on item number eight. Is there any discussion? hearing nothing further. Let's Yes, I'm sorry, Doy. Yes.

In reference to the stuff from the Lincoln County. Um, just so you know, Bill Arian owned that land till he passed away in 2006. He built things. He built tractors. He built big engines, you name it. He had everything in the back there. There was a big auction after his death and that stuff was sold and my sister-in-law Laura bought the house. It was sold at auction and that house brought $37,000. You guys are probably all driven by that house. Do you think it was worth $37,000 in 2007 if that land was not industrial then? The the person bidding against my sister-in-law was Darling Albrech. She owns cement products and that's why she wanted it was because it was industrial. So I don't know at what point in time these city maps get recolored. Is there a a trail on when they decide? I've worked for the I worked for the city for quite a few years. There used to be maps in here and I come in and I'd look at them and say, "Gee, well that's industrial. That's industrial. I want to know when it changed because by changing this to residential, you're cutting that property value less than half. It's probably not even worth the $37,000 that it was bought for in 2007. So that is wrong. It is very wrong. Councilman Gary, do you have any

Judy, can you help us out with that? Can you describe the process of how that's tracked and and how to to look that up?

Um, there would definitely be tracking. I would have to go back and look because I cannot tell you exactly when it changed. Um, it probably would have been prior to 2008. Um, so zoning can happen in in a couple of different ways. one, an applicant can request it. Um, or every once in a while, doesn't happen very often, but every once in a while, the city can go through and do an entire um, resoning uh, map revision. Um, that process did occur in 2012. Um, I don't believe this area changed at that time, but again, I would have to go back and verify for sure. Um, and it'll probably happen again with the um, once we get our comprehensive plan completed, we'll probably do an entire map revision again just to make sure that we get zoning correct at that time. But yes, the zoning process, anybody can come in at any time and request resoning. Um, you guys have been through that process probably a hundred times, but um, yes, there would be tracking and I could get that information. So when when we do an entire map reszoning um you still go through the process of notifying the people that potential changes or how does that work?

With an entire map um it's just in the North Plat Telegraph or news media. Um we do a publication typically they'll know um the television stations, those type of things. They're not individually notified. Now if it's a singular lot or several lots then yes neighboring property owners get notified. But on a full map revision, you'd have to rely on the media to get that information. So, how far back can you look to see the zoning? I can go clear back to like 1964. Okay. Can Can you get back to us on that property? How many years you want? Go back to 1964. [laughter] How many years back you want, Daddy? I want to know what we What year was that? Year. 2007.

Thank you. Okay. Okay. Is there any further discussion on item number eight? Let's proceed to a vote on that. Uh item number eight passes. Uh turning to item number nine, third reading an action to adopt ordinance number 4235 annexing certain land referred to as study area 25 2025-D East 6th Street 1900 block East 6th Street. Uh read the ordinance. Uh this is

Ordinance number 4235. An ordinance of the city of North Plat, Lincoln County, Nebraska to annex certain land study area 2025-D East 6th Street, as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict here, providing for the effective date and publication thereof. I'll move to adopt ordinance number 4235 annexing certain land referred to a study area 2025-d East 6th Street 1900 block East 6th Street on the final reading.

Second.

Okay, we have a motion by uh Councilman Flanders and a second by Councilman McN on item number nine. Is there any discussion? [cough and clears throat] Okay, hearing none, let's proceed to a vote on item number nine. That item number nine passes. Uh item number 10, third reading and action uh to adopt ordinance 4236 annexing certain land referred to as study area 2025-E6 street 2000 block east 6th street uh north side. Would you please read the ordinance? Ordinance number 4236, an ordinance of the city of North Plat, Lincoln County, Nebraska, to annex certain land study area 2025-E East E6 Street North Side as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict herewith, providing for the effective date and publication thereof. I move to adopt ordinance number 4236 annexing certain land referred to as study area 2025-e E6 street 2000 block E6 street north side on final reading

second we have a a motion by L vultz and a second by Lucas on item number 10 is there Any discussion? Okay. Hearing none, let's proceed to the vote on item number 10. Oh, did something. Okay. Okay. Uh that motion passes. Uh item number 11, third reading and action to adopt ordinance number 4237 and Nexing Curtain Land referred to as study area 2025- F East 6th Street, 2000 block East 6th Street, Southside. Uh Mr. Gross, would you please read the ordinance? Ordinance number 4237, an ordinance of the city of North Plat, Lincoln County, Nebraska, to annex certain land study area 2025- F East E6 Street Southside as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict herewith, providing for the effective date and publication thereof. Okay. Is there uh any

Mr. Nisley? Uh yes, Councilman McDoo. I move to adopt ordinance number 4237 annexing certain land referred to a study area 2025-f 6th Street 2000 block east 6th Street Southside on final reading. Second bold. Did anybody else? It's been moved by Councilman McN, seconded by Councilman BS on item number 11. Uh, is there any discussion on item number 11? Mr. Ericson, I don't know. I'm still wasting your time currently, but

No, it's your right. Oh, yeah. Right in right into it. I understand that. But that that land right there that's on the southside, that was the only block that was not taken into city limits years ago. And I mentioned this before, the the fell that owned it, had his horses and stuff there, Kesler, and when he would had his horses there and stuff, when they took that into city limits, they left that one block out and his son was on city council. And I just wondered if you guys got any investments anywhere or, you know, something's going on. I probably another coincidence. At least I got to say that.

Okay. Is there any other discussion? Okay. Um hearing none, let's proceed to vote on item number 11. That passes. Let's turn now to item number 12, which is the third reading in action to adopt ordinance number 4238, annexing certain land referred to as study area 2025-G, East 6th Street, 2100 block East 6th Street. Uh, Mr. G, would you please read the ordinance? Ordinance number 4238, an ordinance of the city of North Plat, Lincoln County, Nebraska, to annex certain land study area 2025-G East Sixth Street, as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict here, providing for the effective date and publication thereof.

Okay. Is there any discussion on uh item one? Oh, I'm sorry. I guess I better let's Is there a motion on item number 12? I am sorry. Yeah, Mr. Nisley, I move to adopt ordinance number 4238 annexing certain land referred to a study area 2025-G E6 Street, 2100 block E6 Street on final reading.

Second. There's been a motion by Councilman Lucas and a second by Councilman BS on item number 12. Is there any discussion on item number 12? Yes. Stern, I uh live on this partial ground. I had it for 15 years. Um, I do kind of have one question. This may not pertain to this, but are you guys all elected?

Yes, every member of the council board. Yes, we are. And and who elected you? Would be the the voters of uh North Plat.

All right. So, I'm one of those voters. You're you're elected. And what were you elected to do? Represent us, right? So it kind of comes down to the place that we [sighs] as your constituents, we are the ones that voted for you guys. And apparently our constit constituents were just mean anything to you because you were voted to represent us. And as it stands now, if this goes through like it has pass has through the rest of the night, you're not vote. You're not you're not I guess voting to represent us. Okay. Um I had a couple other questions, but I'm not even going to bring them up. I just want to get this over with. So I just something for you guys to go home. Thank put it under your pillow. Thank you.

You know, I I just want to comment I I think what Mr. what Ed's saying here is, you know, you're correct. We we are your representative. Uh one of the positions of this job is we we get faced with issues like this where we have conflicting legal and and and uh political things to deal with. But uh no, we do appreciate your input. Um yeah, it's it's this is what makes it difficult in this position. sometimes we have to do things and we maybe personally uh we know the people, we like them. Uh it's just a tough decision and uh I just want to let you know that I'm speaking for all the council members and I I want to thank you folks for coming here. I know it's very difficult three hearings and and uh this is very stressful for you and and uh it's just part of the part of the process that we have to get through. Well, thank you.

Okay. Did I Where are we at here? Do we get a motion? I'm sorry. Somebody yell out correction. Good common sense. Uh that representation thing that it's pretty interesting. Uh and he said sleep on it. Well, I my uh my brother's been battling cancer and he did not need any more stress in his life and I want to thank each and every one of you for that. You know the old saying, what goes around comes around and what goes around comes around. Is your brother Larry? Yeah. Yeah. I I grew up with Larry. I know. And uh he's been battling that. How do you not know that?

Uh after 56 radiation treatments, he's uh didn't need any more stress, but he's got a bunch of it now. And I'm trying to mitigate that as much as I can. That's why I think another year would make a hell of a lot of difference, you know, for what what difference is it going to make? You know, we uh whatever. Thank you, Tom. Any further discussion? Yes.

And this is just a question. Do you have you guys asked how many or do you know how many of these people that are sitting here are against what you're voting for? I did not make a poll. I assume that many of them are are Wouldn't that be wouldn't that be wouldn't that maybe be worth your time to see how many people are willing to step up and say no? Well, I guess we could do this much. If you're here and you're opposed to this action, please raise your hand so we can see that you're here. Okay. There's uh for the purpose of the record, there's one, two, three, four, five, six, seven, 9 10 11 I believe my counting stop. Some of them left. They had enough. Yeah. Some of them. Okay. We understand. So there we'll make a note on the record. There are

So So the people the people from the city that oppose it outnumber even and there's more that could come that planned to come but couldn't because just like the mayor, they had stuff to do too. But they're all on that. Third, you've got the petition and it I guess to me it doesn't make sense of what the purpose of doing it now really is. But thank you for listening. But thank you. Yes, ma'am. I have the same question too after all these years. Can you come up to the mic, please? Come up to the mic. You need to just do that. Just to let you know, folks, this is not a public hearing, but we're the mayor allowed this and I'm allowing it to happen.

I just have a question. Like they said, 75 years they've had that plan, been running it the same way. Why now is this an issue for the city? Why now does the city want to bring it into city limits? I I appreciate that. Uh this is what the the people involved felt it should be done now. That's about the best I can say. And I'm sorry we did not get your name and address for Karen Ericson, 1718 North Sherman. Okay. Thank you very much. We appreciate that. So there's no reason as to why now and not 10 years ago or 20 years ago. The best I can tell you it's in was in the course of events that was

I mean because anybody that's been in North Plowder, they know that area today is less developed now than what it was 20 years ago. There's less traffic on it now than 20 years ago. So, it just I don't understand if it wasn't a benefit when the area was hopping, why is it a benefit now? Understand you you stated your purp. Thank you very much. Okay. Any further discussion, Mr. Oh, yes. I'm sorry, Councilman Lub.

I'd just like to uh respond. And I don't mean to bel labor this but you know it in my seventh eighth year of the council and a lot of years on the planning commission Mr. BS over here before that uh my view on it is for the tax equality of the geography of this. This should have been likely in my opinion probably annexed somewhere between 10 and 20 years ago. Annexations are very difficult because rarely does anybody want to be annexed unless they are part of a new development project. I don't recall anybody who wasn't part of some kind of a new project wanting to be annexed and it's obviously very difficult for everybody involved. And so it takes it takes um a lot of time and it takes some courage of the staff of the city to to work on these things. But I think as as elected council members, I know what I'm focused on is what do I think is right and equal and fair for all the members of our um of our community and and I respect everyone that's made testimony and I understand why you don't agree with my view on it, but I think we can't lose sight of that. Um I I think if we ask Judy, this has probably been on the table for recommended re annexation for many many years. Is that correct? But it's a commitment to go through this process.

Thank you, Councilman Lucas. I'd like to state one more question he brought, but Councilman Lucas just brought up. He wants tax equality. I got my tax statement last week from city, from county, wherever it comes from. Drops out of blue. I know what my taxes are right now. So, just exactly how much are my taxes going to change? Does anybody have any idea how much more tax revenue the city is going to get from this than what I'm getting right now paying to the county? I can't give you an exact number on that. I apologize.

You know, if it's $1, $2, $3, that's not a big deal. But if it's three or 4 thousand dollar, that's a big deal. I'm on social security. My social security hasn't gone up in the last long time trying to live on this high price food stuff like that. I don't need a 5,000 4,000 $3,000 tax tax increase whether it's tax equality or not. I chose when I bought this place to buy the place in the country that I didn't have to deal with. Thank you. Appreciate that. Yes, sir. Councilman Gary,

Judy, you were shuffling through your papers over there. Do you happen to have that information handy? I know we it was in our packet at some point. I just curious if you had it. I couldn't put my mind where it was for this particular one. $357 per $100,000 of assessed value. Gotcha. Did you hear that? And it's a [clears throat] So it' be $350 per 100,000. Yeah. and your place the place. It would be what it's assessed at. Assessed. Yeah. Yeah. And and your municipal uh bills will go down. We're already paying paying extra on our sewer and our water and stuff like that. We're going to get that money.

Well, you'll go down. That'll go down. Yeah. Okay. Any any further trash on our side of the street either? You want it? Any further discussion? Yes, Councilman New.

Mr. Nisley, thank you. I I don't want to prolong this either any longer than um anybody else. I just want to say thank you to everybody that's showed up to voice your concerns. They don't go unheard. I I speaking for myself, I have heard concerns and I understand and I do I do feel um your guys's concerns. This is a tough decision for me and I'm sure it is for the rest of the council. The the topic that I keep hearing or the the words that I keep hearing is why now? And the answer that I keep going through my head is why not now? I grew up my entire life here in North Plat and I've wanted nothing but for this town to grow, prosper, and and to in order to do that, we have to move forward. And in moving forward, sometimes that takes tough decisions. And this is one of those tough decisions. Um on on that note, you know, I just if we if we continue moving forward and and leave this out of city limits, we're going to be left with a donut hole and we're going to be left with a mess for somebody else to clean up in the future. We have been doing a good job as a council cleaning up a lot of messes in the past and I feel like we have a really good uh council and I feel like we are on a good path and I just want everybody to be proud of this community and um as somebody who lives outside of city limits, you are not able to vote for council members, but if you are annexed into city limits, then you will be able to vote for council members. And so I just

uh thank you for that. Thanks, Jim. Thank you, Councilman McDoo. Oh, okay. Yeah, you could just keep your remarks down to a couple minutes and just a name and and uh address. So, my my name is Rocky Wasar and I live at 2902 West 21st. Okay.

I went in and talked to Nick and at his place of work, asked him, "Why this place? why now? And his response was, well, cuz it's not in my side, my district. I mean, so we just pick and choose where we want to go with stuff. I mean, if we cuz they don't want to withdraw his votes or anybody else. So, I mean, it don't really affect me none other than he's one of my friends that I've known my whole life. And it's just I mean it's just pretty crappy.

Yeah, I know. It's a tough one. Appreciate that. I do appreciate everyone serving on here, gentlemen. Okay. Yes.

Just real quick because I don't want to be here all night either, but [laughter] uh I This is a tough decision. It really is. In my opinion, when when the city services were extended, there should have been the annexation at that time because then you would have had a much easier decision at that point. It would have made a lot more sense and and this is cleaning up a mistake of a previous council in my opinion. Um, to be honest, I didn't even realize this wasn't in city limits. I always thought it was. So, I was I was surprised to see that, you know, extends that far in. So, extremely difficult. really appreciate you guys coming out and and and voicing your concerns and and being civil about it. You've you've you've done a great job, you know, with the process. So, thank you for that.

Thank you.

Okay. Any further discussion? Hearing none, let's proceed on to vote on item number 12. That passes. Let's go to item number 13. A third read an action to adopt ordinance number 4239 annexing certain land referred to as study area 2025-H East 6th Street uh 2200 block East 6th Street Lane if you I mean sorry Mr. Gross will you please uh read the ordinance. Ordinance number 4239, an ordinance of the city of North Plat, Lincoln County, Nebraska, to annex certain land study area 2025-H East Sixth Street, as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict herewith, providing for the effective date and publication thereof. I move to adopt ordinance number 4239 annexing certain land referred to as study area 2025-H East 6th Street 2200 block of East 6th Street on final reading. [clears throat]

Second.

There's been a motion made by Councilman Dye and a second made by uh Councilman McNu uh on item number 13. Okay, any discussion? Okay, hearing nothing uh hearing no nothing further. Let's proceed with a vote on item number 35. Okay, the uh we'll go to item number 14 and this is the third reading and action to adopt ordinance number 4240 enexing certain land referred to as study area 235- I East 6th Street uh 2300 East 6th Street and uh Council Mr. Gith would you [laughter] please read the Been a long evening Ordinance number 4240, an ordinance of the city of North Plat, Leaky County, Nebraska, to annex certain land study area 2025- I East Sixth Street, as more fully described herein, to make provision for extension of services to inhabitants of territory annexed, repealing all ordinances or parts of ordinances in conflict here with, providing for the effective date and publication thereof. I move to adopt ordinance number 4240 annexing certain land referred to as study area 2025-I6 street 2300 block of E6 street on final reading.

Second [laughter] a motion by Councilman BS and a second by Councilman Dye uh to approve item number 14. Uh is there any discussion?

[clears throat]

Seeing none, let's proceed to a vote. [clears throat] That motion passes. Okay. We will now go to item number 15 uh which is a public hearing uh on uh ordinance number 4242 nexting 11 governmentowned partials into the corporate limits of the city of North Plat Nebraska consisting of approximately 51.97 acres. Uh, Mr. Gross, would you please uh reveal this? Ordinance number 4242, an ordinance of the mayor and council of the city of North Plat, Lincoln County, Nebraska, to include within the corporate limits of the city of Northplat certain lands as more fully described herein, repealing all ordinances or parts of ordinances in conflict here, providing for the effective date and publication thereof. We have read the ordinance. Uh we're now at a uh the public hearing. Is there anyone here wishes to address uh item number 15?

Mr. Nley, I would move to close the public hearing.

Second. It's been a motion by Mr. Lucas and a second by Councilman BS to uh close public hearing. Proceed to vote. Pass. All right. Um Mr. ously. I move to adopt ordinance number 4242 annexing 11 governmentowned parcels into the corporate limits of the city of North Platt, Nebraska consisting of approximately 51.97 acres on first reading.

Second Councilman D. Okay, it's been moved by Councilman BS and seconded by Councilman Dye uh to adopt uh ordinance 4242 item number 15. Any discussion? I have a question. Yes. Why has the city owned this land so long and it's not been in the city limits? It's a great question. Judy, you want to

I really can't answer. the reason as to why it wasn't in city limits, it seems ridiculous to me that it has not been. And so when we were looking at um different areas of North Plat, looking at the city as a whole, um we discovered that uh these were laying out there and we thought it was pretty silly that government owned property was not in the city limits. Yes, Councilman Garrick. So, I was lazy and I didn't go look these up, but is it all city property or is it other government that owns it?

Um, all of it except two, I believe, are city-owned property. Um, two of them we looked at are actually say the United States of America. We did some research on trying to figure out um who the property owner was. Um, I spent some time reached out to the Bureau of Land Management. Um, had some email correspondence with them. Do you want to chime in at all? Yeah.

And and I can weigh in. And they we had reached out to them basically asking them, hey, this appears to be property owned by the city, but the property records don't reflect that. Could you just go about deeding it over to us? Let's clarify things. And they responded with um this wasn't their exact response, but they basically said, "We want you to file a quiet title action, which is a lawsuit to confirm that the city owns it." And so I just have not had the time to do that, but that is on my list of things to do to clarify the ownership of it. But it's basically part of some of the accretion ground for the river. Um, so title all falls to the city. We just have to take some further action to show that as part of the property records.

So likely that will be coming into city ownership. Then it if if you ask the Bureau of Land Management, it it already is owned by the city. Okay. We just have to take the steps to reflect that within the public records. So basically, we're cleaning up the title essentially. That's exactly right. Mr. N. Yes, Councilman Lucas. I'm sorry.

I just give you my uh an opinion about maybe why some of this hadn't been done in the past. We had a time period in the community, I don't know, maybe it was a 15 or 20 year period where our percentage of tiff properties was significantly higher than it is today. We're way below the state statute levels now. And so anytime there was a discussion on annexation, it kind of turned into a political discussion about, oh, they want more tiff capacity or that. Well, with the annexation of the airport, I I don't think that I mean, what are we in the 23 or 24% range? 23.7 and the statute limit is

35. So, there was a time period where it was tight. And so, I think some people would have viewed an idea like this as an opportunity to utilize tip more as a very controversial item in the community. And so my personal opinion is that there was probably a lag on some of this because there's no point in arguing about TIFF. Now, as the world's evolved and I think feel like we've shown a very responsible track record of TIFF and we're not anywhere close to our limits, it would seem to me that this issue is a lot less political than it may have been five years ago or 10 years ago.

Thank you, Councilman Lucas. Any further discussion hearing? None. vote on item number 15.

Oh, I you know what? Did I hit I hit the wrong button? I didn't I can make a mistake.

Okay. Uh item number 16. Um, consider action on an application uh by Lakeside Camp uh Campground Ground Holding Company LLC to approve an amendment to a conditional use permit to allow additional storage units located at 3800 Adley Drive in a B2 highway commercial district. Uh, and this is I guess this is a public hearing on this. Sorry. Uh, Mr. Grovis, would you please read? There's no ordinance. There's no ordinance on that, so we don't need to worry about that.

Okay. We're now open for a public hearing on the um application by Lakeside Campground for additional tours. Anybody wish to make a presentation on that?

Move to close the public hearing. Second. Motion by Councilman Garrick, second by Councilman Flanders to close public hearing. That passes. Okay, now we're uh [clears throat] Is there a motion on the

Councilman Nest Lee? I move I move that we find a request for amendment to a conditional use permit to allow additional storage units located at 3800 Adley Drive meets the minimum standards stated in North Code of ordinances section 156.322 and approve and grant conditional use permit requested with the condition that all the elements all elements of the application are complied with based on the following factual findings. Number one, the use shall conform to all applicable ordinances, laws, and regulations of any governmental jurisdiction. Number two, the use shall have adequate water, sewer, and drainage facilities. Number three, ingress and egress shall be so designated as to minimize traffic congestion in the public streets. Number four, the use shall in all other respects conform to the applicable regulations of the district in which it is located. Number five, the use of the use shall be in harmony with the chapter with the character of the area and the most appropriate use of the land.

Second. Second. A motion by Councilman Rer, a second by Councilman Lucas to approve uh item number 17. Any discussion? Yes. Are these in the city limits or are they out of the city limit? They're in the city limits. Okay. Is council.

Yeah. Just a question if you know the answer to it. I I recall during the um the fat dogs redevelopment project that there was some kind of an issue or item over the road through that access. Has that issue been resolved at this point? Okay. So, yes. Okay. Thank you. Okay, I I got a question for Judy. So, can you build storage units now and use crushed concrete rather than concrete drives in the city limits? I thought it had to be paved. Um, not necessarily. It's an approved material by the city engineer.

So, you can use it in some instances. Yes. Okay. Just just asking. Thank you. Yes, council. We do. Thank you. That brings up a point that I had just thought about too. Um fencing or anything like that. Is that any of that required? Um no, because this is a commercial district, so they don't have to um try to screen from any residential. Okay. Um but you do have the ability to require things because it is a conditional use.

Okay. Thank you. Okay, any further discussion? Right, let's proceed to vote on that. That would be item number 16. That motion passes. On to item number 17, which is a public hearing on an application of Premier Energy LLC and purchaser and J. Bowl LLC owner for a conditional use permit to allow construction of a commercial solar farm located at the intersection of Victoria Lane and East State Farm Road in an A1 transitional agricultural district. This is a matter for public hearing. Does anyone desire to make a presentation? Move to close public hearing.

Second. Moved by Councilman Eric. Second by Councilman BS to close the public hearing. Proceed to a vote. Public hearing. The hearing is closed. [clears throat] Does anyone desire any?

Mr. ously. I move that we find the request for conditional use permit to allow a commercial solar farm located at the intersection of Victoria Lane and East State Farm Road meets the minimum standards stated in the North Plat City code of ordinance section 156.322 and approve and grant the conditional use permit requested with the condition that all elements of the application are complied with based on the following factual findings. The you shall conform to all applicable ordinances, laws, and regulations of any governmental jurisdiction. The you shall have adequate water, sewer, and drainage facilities. Ingress and egress shall be so designated as to minimize traffic congestion in public streets. The use shall in all other respects conform to the applicable regulations of the district in which it is located. and the use shall be in harmony with the character of the area and the most appropriate use of the land.

Second. Okay. Been moved by Councilman BS and Councilman New uh to approve item number 17. Just a reminder, yes, this is on a conditional use permit only. Not pertaining to the solar farm, but the use of the land. I apologize. I should have done this in the public hearing process, but I received an email from a neighboring property owner and they asked me to read it. Okay. So, is that my permission? Sorry about that. I should have jumped sooner. Thank you.

Um, this email was from Jared and Melanie O'Keefe. They live at 4114 Victoria Lane. So, it's the property right to the north. There's a house there. Say, "Hi, Judy. Jared and I are not able to attend the city council meeting tonight. 122 of 25. We just wanted to go on record and state that we do not oppose the solar farm that is being proposed out here by our home. We have been in contact with Premier Energy and they have been very transparent and forthcoming with any questions or concerns that we have had. On a personal note, we feel that this is a better option than some other projects that could be proposed. If it is possible, we would like you to read this at the meeting tonight. Thank you, Melanie O'Keeffe and Jared O'Keeffe.

Thank you. Okay. Anything further? Yes. I I didn't mean to interrupt. I I know I have a handful of questions and maybe other council members do too. So, I guess maybe I could give you the first one and then I can defer to others if that's okay.

Um probably a lot to talk about here. The the thing that the first thing that I don't understand is that I understand that they're going to produce power and need to it's got to go somewhere immediately upon creation because I think it's generally not stored the way I understand it. I don't understand how it gets from point A to point B and how that how the infrastructure aspects of it work and then how that ties into our wholesale relationship. I'm glad to see a representative from NPPPD here tonight. I have a feeling we're going to have him up at the podium helping answer this, but um we have a wholesale power purchasing arrangement and so I mean I get it if if somebody would put a data center next door to them and you plug in kind of for lack of a better term. Okay, I get that. Okay. But if this if the client the purchaser of the power was is not located in very close proximity, I don't understand how this all works. And I don't understand if there's any implied obligations by the city to use the infrastructure that we and our rateayers own and how this all fits together. So if if somebody can help me understand all that, I'd really appreciate it. Chris Hagert. I work for Nebraska Power District account manager. Uh North Plat is one of my customers. Um so if there is a within the contract that NPBPD [clears throat] has with the city that NPBD allows for the city to selfs serve with renewable energy up to 10% of their peak capacity. So the city could purchase the output of this solar generation and there wouldn't be any consequences to the relationship or the contract with NPBD. You would just come

to terms with the solar developer. You would connect to your system and just absorb it. Okay. So to clarify that we we have a 10 we have 10% to work with. Does the hydro that's out here stay out of that because you guys own it own that production? Okay. So that isn't included, right? Okay. Is is the hydro still seen as renewable? If if companies have a corporate governance policy on wanting to be in communities with certain types of energy, how do they see hydro versus as a renewable energy product? Government does recognize it and gives it renewable energy credits that okay that we use in our portfolio, but

Okay. Yeah. So through your through through us purchasing power from you guys today, we do have some renewable energy available to to clients in North Plat. Oh yeah. In fact, NVBD's, you know, including our Cooper nuclear station and our renewables, NVBD's portfolio is like 56% carbon-f free. So we got a very diverse clean energy mix. Okay. And then back to helping me understand it. So if the power, how does it get into our infrastructure?

It connect with okay, you know, lines to your I assume the 345 subtransmission system. There'd be a collector substation that's associated with the solar property that that would transform the the voltages up and connect to your 345 to parallel it be like the city's serve from five different breakers from NPBD coming into your substations. This would be another input to from the solar to your 3405 system.

Okay. So there so the power and then in terms of is the rate of that power the is it negotiated or is it whatever the same we'd pay NPPD or that's between that's between the city and the development through a private contract of some type. Okay. And if we buy less power from NPPD does that hurt our um bargaining power our pricing our service or any any of any portion of our relationship NPBD? Okay. It's allowed within the contract, so no consequences at all. Yes, Councilman Bolt, I'm sorry,

Chris, while you're up there. Thank you. Um, in Tai's scenario, we were purchasing the power. Let's say we do not choose to purchase purchase power from uh Premier Energy. What happens at that point? I.e. with the interconnect agreement and the uh and the substructure uh subtransmission lines. How is that all in that agreement the the the permission to interconnect agreement on how that would work? I'm I'm if if they if they've got another buyer for it

that's a wholesale provider of, you know, a public power district or municipality. Uh they could connect it and you would wheel it to them, charge them for that. Uh, but I just don't think that would ever happen because I mean if if the city isn't buying it, it's not economically feasible really to to pay wheeling and connect it and then sell it to a different provider and uh per statute of state Nebraska, we're a totally public power uh state. So a private developer can't put the solar in and sell it to an enduse customer like you know a corporation or residential or you know whatever might be. So it's it's got to be a sale to a to a public power district or municipality.

Okay. So with that it the fair market of it has to be reasonable to that we would want to buy it. Yeah. Absolutely. It's totally the city's decision whether you want to enter into an agreement to purchase it or not. Okay. Let's say we we don't enter into an agreement to purchase it once it's all built or that would have to be done before it gets built. Correct. Because if I'm not mistaken uh uh they would only build it if you have an end user for it. So Okay. Okay. We're good. And one other side question. What does uh the hydro how many megs is that? 20 approximately that's a 20 meg.

Okay. And there's just one tube operating or is there two up there? There's one tube coming down two turbines. Okay. Yep. And that's a 20 meg. Okay. Excellent. Thank you. So Chris, just so I'm I'm understanding, in theory though, they could put the solar field in, put the power into you guys, and another public power district could p buy that power. Correct. That's what you said just a second ago. They could do that.

Okay. Because there there there are a lot of public power districts out there that are looking for green energy and they don't have the space to do it. you know, like a California or a New York or something that that it's not something there. So, there's a theory that that that could be used outside of North Plat even if they do put it in there. I mean, in theory. In theory. Jeff, address that. [clears throat] Come on up, Jeff.

Jeff Quily, Premier Energy Grand Island. uh uh we have been approached by a public power district a separate wholesale uh purchaser of NPBD power that uh has expressed interest in a power in uh the output of that plant.

Thank you for your clarity on that and your so I have a concern and as I was thinking about this we put in this solar field this other power district outbids us. Let's say we do want it, but it's it and and so we literally lose the the land value for the power and we don't even get the the green energy for it. You know what I mean? So, am [snorts] I Yeah, I'm saying that clearly, right? Not like this. Okay. [laughter] So, I just a concern I have that that I mean, you think of these it's an open market. Anybody can bid on this power and even if we wanted it, we might not get it. Well, you would still charge wheeling. If it's got to go through your system to get to the other the purchaser, the city's going to get revenue from get paid for connecting it and then wheeling it across your lines.

So, from from so basically going across the street to the hydro plant, we would charge a a service fee or something along those lines or how would that work? Well, it's not going to go there. So, Oh, we wouldn't take it to the hydro plant. No, it it would be some contractual thing that I mean I don't I'm not sure that that another entity would locate. I just I just it's in theory it can happen, but I don't know how economically feasible it be. Where else would it could it go? I guess because that's the hydrop plant has, you know, connections there,

right? It would go into the subt system and absorb it. But I'm talking like your surrounding power district would be Dawson if if it was going to connect to Dawson's system. Yeah. It would it would connect into that substation through your through your lines into the hydro substation. So Oh, so it would go to the subst to the hydro station. Yeah. So, so when we we charge some kind of a service fee or I'm maybe not using the right terminology here, to go across the street, a wheeling fee, is that what it's referred to as what what kind of revenue can we expect to generate from that?

Uh, NPBD's uh subt rate, it can be for for transmission line like 70 cents a KW a year, something like that. And what do you have, Jeff? Do you happen to know what what the expected meg [snorts] of this is supposed to put out? 4.95. 4.95. Yeah, that's a meg. Convert to K. You're talking metrics. I can't do that. Yeah. [laughter] Carry the one. Yeah.

Help us with the math, Jeff.

Yeah. Well, first this is a little a field from the five points that the conditional use permit is is based on. Um but I you know I could provide you with a sample uh sheet that uh other another public power district at Dawson has such you know because we've talked to Dawson about putting solar potentially at the transfer station and then they they provided us what their wheeling fees would be to bring it to the hydro and so this would you know would be sort of like that similar to this Um Mr. [clears throat and snorts] Excuse me, Mr. Nisley. Question.

Um Jeff, so [clears throat] whose responsibility to is it to build the infrastructure to connect to our power lines and and to maintain it?

Good question. That would be our respon that would be the project's responsibility to build the infrastructure to connect and the permission from that would be given by NPPD. They are the ones who give permission to interconnect to the distribution system here for generation including the qualifying local generation. So just from a purely economic standpoint, um if I remember right, you said that your power was actually going to cost us more than the power we would be contracted to buy from NPPD. Is that correct? U that was the conclusion of of of Well, I guess I'm sorry that was our conclusion. I Yeah.

Okay. So let's say that for instance that is in fact correct. Um, and so we we choose not to purchase the power from you as a city, right? But we have somebody that wants to build a new facility down in the in the Iron Horse Park area that wants to have green energy.

Um, can we still purchase green energy credits through NPPD, Chris, or or how does that work? No, we don't have a special product that's for green energy. The city could like enter into a PPA. If you wanted to offer offer that to your citizens, you would have to install your own or enter into a power purchase agreement with another silver. So, what's the advantage? I'm kind of ignorant here. um [clears throat] of NPPD having greater than 50% of its generation capacity carbon neutral. What what is the benefit there?

Well, it goes to all of our customers. We don't just identify a customer that wants to take credit for certain part of it. And I take it there must be some type of federal subsidies that make the green energy economical as compared to coal and and hydro and nuclear. There's some industries that get a benefit from green energy. So industries that you supply power to.

Correct. Like an an ethanol plant so that they can sell it to the California market. That's the most prevalent industry that sees a benefit from green energy. And it's it's not just electricity. It's their transportation costs, their fuel costs, whatever they can do. And it's a it's a California carb score that they lower and it increases the value of their product. So actually it sounds like that some of your green energy is being used by the power by the ethanol plants to gain a subsidy for their product.

Well, not necessarily because California markets say they got to use the carb score from the Southwest Power Pools averages. So Southwest Power Pools carbon average is higher than NPBD's. So, uh, MBBD's customers have a low lower carbon score. So, it it's by the rules of the California, uh, whatever the carb score is where they sell the fuels. You just flip the switch. Yeah, there's a big switch. Takes more than one person.

Um, okay. And I and I think you've answered my questions. Um so so if we have somebody that wants to build a facility out here and wants to use quote green energy um in that scenario then if I'm understanding correctly Jeff then we as Northplat would buy your power and and then in turn sell it to this new company that wants green energy knowing full well that they're going to pay a premium for for it because it is green energy. Is that how that works?

That's correct. And there is a business in town with significant operations which uh we have not heard from them, but we've been told by local representatives that the national folks will be reaching out to us about this project. So in that whole process, we're going to be buying the the the electricity from you guys and reselling it then to the new company that wants green energy. In which case then we will unlike undoubtedly uh secure some kind of an operational margin to handle those transfers.

Oh, sure. Yeah. One way that that's that that's done is to create a green power rate um which is it which is higher than the the rate that you're purchasing the power for if you were to enter into a purchase power purchase agreement for the output of the plant. And you know let's say that's 7 12 cents then you'd sell it for 8 12 cents or something like that. It's to a business that has a, you know, corporate mandate that they're will that it's important enough they're willing to pay a premium for the product. So they're that business or whatever corporation you're talking about, they can also do some portion of behind the meter generation and have their own,

right? You know, solar on the roof or in the backyard or whatever, but that wouldn't impact any of the costs that they would pay from the city.

No. Yeah. city by statute's got has to allow you know it's just 25KW that you have to allow and then after that uh it'd be some other sort of a simultaneous buyell or some other pricing arrangement but I mean MPPPD does have retail communities that have community solar that they do offer to the residents and citizens of the rateayers of that community and sometimes depending on the power purchase agreement. Sometimes the customers have to pay more or a premium for that project. And there's some communities that got it priced lower that they're actually paying less than than the regular rate. It all it's all dependent on on the power purchase agreement.

Sure. So Chris, since hydro is tech technically renewable energy, could we could we charge a premium for the electricity coming off of it?

We're not charging you a premium. [clears throat] [laughter] I figured that was going to be the answer. Hey Jeff, I have a question for you and I wanted to explain a little bit why you know when you pass a conditional use permit you sometimes you put conditions in there. So I think we're just trying to wrap our heads around what the end use of this and and what it's going to look like to see if we we want to tie a condition to this. um just to understand and you and I talked

in all transparency earlier today on the phone uh and you were the one who told me about the permission to interconnect and you wouldn't have a problem. I said I'd rather have a Rook canal. You said no, I like you guys. I'd like to come back to city council. So, so I'm kind of thinking of bringing you back in if this passes for another step and to to clear some of this stuff up. Okay. Sure.

Um, and the main questions I had was, you know, with the outlining the subtransmission agreement and also the enduser agreement and all that. So, that's some of the concerns that I had. So, I might alter the conditions on this, but while I have you up here, just to solve another one of my little problems in my in my own head, looking at your decommissioning plan. Mhm. It doesn't say, you talk about money, you talk about $750,000 bond or a bank account or something like that

where you're showing a 1.23 million um Yeah. 1.23 23 million um uh cleanup possibly decommission plan. So that's the net estimate um cost oh I'm sorry cost 738,000 residual value. What does that mean? That's the value of the copper in the ground that you hear about uh unsavory characters breaking into buildings and stealing copper. It's because Okay. It's it's worth a lot of money. So you're saying So you're saying the cost to decommission that in today's dollars would be $738,000.

It doesn't spell out who decommissions it. Is it the city that has to decommission it? No. Well, the bond is in case the owner of the project is Daryl [clears throat] and and leaves and doesn't decommission it, you would have funding to decommission it yourselves. Okay. But the plan is for the owner of the property, the owner of the solar farm to decommission it. Correct. Because that way they they take that out, they're able to sell it for that $1.23 million and then also get the $750,000 out of the bank or from the bond. Okay. Okay. That answer that. Thank you.

And um one more thing on the decommissioning. Uh there was a question to the planning commission of where how was this derived and that is consistent with approved decommissioning plans from Perkins County and Keith County. Okay. Thank you, Mr. Nisley. Question again then for Jeff. Um, you said you would decommission it. I presume you mean the property owner would be the one the city wouldn't be decommissioning.

Correct. The project owner would decommission it. And if the if if the project owner is not around and and because of inflationary costs and everything, the decommissioning costs are greater than the $750,000. The land owner then is responsible to complete the cleanup.

I that would that's more of a duty question than a a Jeff question. Uh sorry if the microphone didn't hear that. I'll I'll jump into. So I I think the concern there though becomes what happens if you know as Jeff said the land owner becomes derelict or goes out of business and that company that presumably would own the land is defunct. They don't have money to pay for it. That's what the $750,000 bond or the bank account is meant to do is offset those costs. I understand that, Bill. But if this thing's got a plan, a life of say some 40 years, as I recall, you said um with the rate of inflation, we've only got $750,000 in the bank. We're not we're not getting we're not getting any benefit of of an inflational inflation increase, but yet our costs may have increased 25 or 30%. So, who's going to make up the difference? Well, so again, if if the property owner is not doing it, then

yeah, excuse me, Bill, the property owner, meaning the owner of the equipment, not the land. Well, I suppose they wouldn't necessarily have to be one and the same, although the improvements would generally go along with the land, but it that all would depend on who the project owner becomes and what kind of a deal they would strike with the property owner. So, that could depend on a lot of things. Uh, in my mind, I think what I worry about is at what point could the city have to get involved? Exactly.

And that would be the point where nobody else is around that is, you know, that hasn't gone through bankruptcy and liquidated or whatever that could be. If if they're not around to do it, then ultimately the city's kind of the optional last resort. And you know, just like we see or talk about with other properties where the property owner doesn't comply with city code or you know do what the building department asks them to do to bring the property up to standards, the city is the option of last resort that could come in or would would have to come in and do the cleanup.

So with that in mind, excuse me, I should be talking up to the microphone, I guess. Good thing I don't have a camera. But um as far as as far as that's concerned, it would seem to me then that we ought to have in this conditional use permit some kind of a an interestbearing bond that would secure some additional funds just in case uh in the future when this thing needs to be decommissioned that there's adequate funds funds in there to to pay for the decommissioning. Otherwise, somebody's going to get stuck or somebody potentially is going to get stuck. I I think that's a wise thought and I mean with a conditional use there are always additional conditions that that the city can place upon the permit. Uh and so you know it may be that I I think Councilman Vols is he kind of indicated he was leaning this direction in offering some additional conditions. Um, and so where I could weigh in is that, you know, you may want to consider offering an amendment that places an additional con condition that might reset that bond every couple years to provide for inflationary costs of cleanup. So that I in my mind that that would be a reasonable condition to add on if if the council agrees.

Okay. Thank thank you, Bill. Um, so having said that, I'm I'm going to ask the banker what what would be a reasonable fee and and what would be an a reasonable percentage to to ask in a situation like this? And I guess I don't like the idea of having to look at re-upping it every year. It would make more sense to me that we have a set fee and that we increase that that amount annually. I mean, it it's like an interestbearing account. Well, I just give you my opinion. Um, yeah, I think having some kind of inflation,

I mean, I suppose if you compared this to things like lease escalators, they're typically 2 or 3% a year or CPI based and then they compound every year. And so maybe there's a starting point. You know what some of the concerns I have [clears throat] is it the planning commission talked just very briefly about fencing. They talked very briefly about insurance. And I think where they landed, you know, they're really they were really looking at it from the land use, you know, does it fit the neighborhood, which, you know, we we can't we can't forget as we're thinking about all of these important things, too, that, you know, it if it curbs any development of adjacent properties or people think it's an eyesore, I mean, that's kind of in the eye beholder. Those are important aspects of this, too. I think they were really more focused on those items was my interpretation really in terms of land planning. Um, but there were a lot of things that were talked about like inflation. Well, then a question I would have, do we even have an easement or a license or whatever it is to access the property, decommission it? Are we going to go through three years of court hearings? I mean, and and so, um, I guess I'm still struggling with I've done a lot of research on the economics of these projects, and I'm sure Jeff is is with a repel company. I mean, they're doing other projects in Nebraska, and we're glad to have a repel company talking to us about this, but the economics are getting tougher in this. I think I shared with the group that recently the Federal Reserve shared that about a third of third of these projects in process are having time delays and construction overruns because of the sprint now that's occurring to try to beat the tax credit deadline and you know if this project has troubles getting to the finish line and getting its tax credits or getting it done that you know what's that going to change all the economics if they can't sell the

power what I worry about is the unintended consequences or the backdoor costs that the city future councils when I'm not here are talking about because they they struggle with the ability to sell the power at a competitive rate and they have a problem an economic problem. That's going to be a complicated situation. Um I mentioned this in the last meeting that you know NPPD is not proposing this to us. We we tried to support a roughly $4 billion worth of current expansion plans that they're working on by renegotiating our agreement early with them. And Chris, I'd welcome you to comment on this, but part of that wasn't them saying we want a solar field in North Plat because we're going to be able to produce power at a competitive rate and have more green power. So, that wasn't part of that conversation. So, part of me keeps scratching my head saying if this is a good idea, why wouldn't Jeff MPPPD and we all be collaborating on on a on a facility or is there too much I think there's too to me there's too much risk in the economics as we talked about earlier for the city to be part of that. But you you think about all the little things like decommissioning and insurance and that I I worry that we can effectively catch that with a few conditions and a conditional use permit versus having a a development agreement. You know, normally if we have this complexity of development, there's tiff involved or there's some kind of major infrastructure project and you're working through a a development agreement. So, I'm nervous that a city can effectively think about their risk mitigation with just simp a couple simple conditions. At the planning commission, I think the condition they included was that they had to comply to the terms of the application. Is that correct, Judy? So that's you know there's a lot of there's a lot of whatifs with risk mitigation.

If I may gentlemen just I'm hearing a lot of good discussion here a lot of a lot of uh thoughts from everybody. I appreciate that. I mean are we at the stage tonight to vote on this issue. Seems to me there's been a lot of questions raised. I I just asked that if you're comfortable on making a decision then we can proceed on. I'm only about halfway through my list of questions. So you [laughter] if that's all right. [laughter] Well, if you have some questions, uh, Mr. Garrick. All right. Thank you. Can you kind of uh shorten it up? I hear you. I'm hear you, Mr. Nisley. I hear you. All right.

All right. Um, Jeff, quick question for you. The wheeling fees, I just did some quick napkin math. It would be about a $35,000 fee every annual. Am I in the ballpark or did I carry the one wrong that I'm going to put you on the spot with no materials? That's about what the project could could afford. You're you're roughly I'm in that area. What's the cost to put the infrastructure in? Do you have any idea of the city? Oh, you guys are going to put that in.

Okay. Thank you. Um All right. the the road that runs right through there, Victoria Lane. Beautiful street. I mean, it's just sitting there. Um, what was the cost to put that in? Do you do you have that number off the top of your head? Done by the developer. It was I'm pretty sure the city paid for it. I'd have anybody know? I'd have to go back and do some research from 20 years ago on it. I think the city put that in. Did they put that in? There's some complex things that happened on that. I'd have to go back and research it. Okay.

If I'm correct, I believe the city put it in and it was to the tune of millions of dollars. It was not a cheap development. Um, is it having issues? Is the storm sewer somebody told me that the storm sewer has been having issues or is it functioning? It's a beautiful road. I haven't had anything sneak off again.

Storm sewer. I know that the infrastructure in that property for the electric and the water and stuff that was or the water and the sanitary sewer that was put in the water water's probably no good anywhere as long as it's sanitary sewer is a question for my we'd have to camera that to see if there's any good use of the sanitary so it would be expensive to go build out there because a lot of that infrastructure would have to be replaced it was put in 20 years ago. Gotcha. because I I I see that area and it would be a beautiful commercial or you know industrial area that we could develop and so to put a solar field there I'm having some heartburn with it and I've talked to Jeff about that and we've went rounds he he disagrees but um [laughter] just such a beautiful road that that you know could be developed for other things. Um the chamber's doing stuff down the road that's beautiful and it's growing this way. I mean there's a potential for that area to take off. So, I'm I'm struggling with the the the location to be honest. Go ahead, Jeff.

It's a 35 acre parcel and we need about 20 acres for solar and uh first so sort of the first reaction is to carve off the frontage on state farm and for commercial and industrial development. And then there's land that would make sense for the neighbor to have that's of no use to us because we wouldn't want to put solar there. So, we'll work out a very fair deal with the neighbor on that. But we wanted to have a we want to have a wanted to have a 300 foot setback from their house, which creates about another 4 acre uh uh parcel. And when we were having our initial conversations with the electric department, there was a little there was some enthusi, you know, some enthusiasm about the whole thing because it meant that they could put their combined office and yard in that four acres right there and have consolidated um operations right there. And my immediate reaction to that is, well, we're going to have to shift the solar around because I would imagine the neighbors would rather have solar for a neighbor than a than a yard for a neighbor.

Did I keep it short enough? No, I don't question. Go ahead. That was the last of my questions. I just had one clarifying comment about the interconnection. So NPBD does have an intercon interconnection application that this project would have to enter into and NPBD along with the city's consulting engineering firm have to study the impact of that five megawws and the subtransmission system to see if it can accept and handle that sort of additional generation along with the city's load. So, uh, to know to know what the interconnection costs are going to be, that study process would have to take place. So,

excuse me, Chris, how long would that take? Uh, four four to six months. That kind of puts a real hurt on getting it done by September. No, started. Started. Chris, while you're up there, can I ask a quick question? Go ahead. Ju because of the way the laws and stuff work as far as purchase and everything else, the city can't be forced to purchase power from a third party. Correct. I mean, no, we don't have any obligation to have to buy it. It has to make sense for us to do that. Correct. City has transferred their pera purchase obligation to NPPD. Okay.

So, premier could force NPD to take it, but Okay. at our avoided wholesale cost. So, okay.

And I want to get back to uh something Councilman Voltz was uh saying or implying earlier and that is that for assuming we get we receive a conditional use permit with uh business, you know, acceptable terms to it and we're able to keep the project moving forward. Then one of the next steps is to make that interconnection uh application to NPPD and I'm quite sure that the city has to sign that interconnection request and so there will be another stage gate for the city and I don't think that that's a council decision. I think, you know, that may or may not be an internal um municipal light and water decision, but that could be a reasonable condition that prior to submitting the interconnection request with city approval that the project would come back to the council.

I guess Councilman would do I'm sorry, Brian. I'll get

Thank you, Mr. Nisley. Um Jeff, I don't think I've heard this talked about or I don't think we've talked about it. the copper lines that go through the ground, what runs through those through the for the solar panels? You said there was copper lines that go through the ground and that's part of the decommissioning that you'd have to remove. Yeah, that there's I can't tell you how many feet or of buried cable there will be in that parcel, but that all of the connections between the uh rows of of solar panels will be um made underground and then they'll go to a common uh combiner box where it'll they'll be combined and then it'll go to the inverters which will um convert it to AC and then it'll there will be a transformer which brings it up to the line voltage.

Okay. Is there ever any concern about any ground contamination or soil contamination or anything to that nature when we're talking solar panels? No. I I mean, you know, think of all the subdivisions that have buried cable. I assume that there are some around town. And is that a question anyone asked? It would be the same sort of cable, right? And that's fair and I understand that part. Um, what about like if the solar panels crack from hail, any contaminants from the solar panel, go onto the ground, seep into the soil, anything of that nature? No, it that that that that contamination risk is minimal. It would be like having your phone um, you know, out on and getting hit by hail and the the glass getting broken on your your on your phone.

Okay. Similar to that. Thank you, Councilman Flanders. That was one of the questions I was going to ask, but Council McNe just asked, but is it something that we can put in the the the conditional use permit that before the city decides to purchase from them that it comes before the council? I have a suggestion on that. Um, but I I have one other question before I get to another condition. Is that okay, Mr. Nisley?

Gary, I know you didn't want to come up here and speak, but if you don't mind, um, you're the expert in the room as far as potential industry coming into town. So, one of my biggest fears is we if we don't do this, we could leave a potential industrial player on the in this in the weeds. So that that's why I'm I'm I'm liking this idea because I don't want to leave anybody out. In your opinion, it was stated that we have a national company looking for green solar power. In your professional opinion, is that an accurate statement?

We've dealt with several potential prospects. I mean, we get prospects from Department of Economic Development, some of our utility providers. We pursue them all. You know, just on the what if. Um during uh the past four years, we saw an increasing amount of companies that had a green energy requirement to [clears throat] and there had to be some guarantee that they could get some green energy credits somewhere. Um some of those most of those companies though had a much greater power capacity need than what we could hand. Uh we still pursued them. We work with NPBD on the capacity issue, but [clears throat] capacity has become more of an issue than green energy. U so you quick answer to your question is yes. Uh we've seen that minimized um over the last couple years of companies actually having that requirement. Um partially I think because of the deadlines, the changed administrations, those kind of things. Uh, but there will always be some companies out there that have a corporate policy that they they're looking for green energy credits. Don't have to be right next door. They they they want them available. They want you to help identify resources that they could potentially have. So, thank you,

Councilman Reaper. Thank you, Councilman Nissley. Uh, Ty, address your concern about the best use of the land. Um I I was going to bring something up and and then I decided against it because the people that want to sell the land, I don't know the city should step in the middle of that. But on the other side of the coin, I I think the city has some property that's reasonably close [snorts] uh up by the water tower. Water tank, not water tower, water tank. I don't know, Lane, did you have a chance to look that up? We have a long-term lease on that property. We do not own that property. Oh, I'll scratch that. Thanks for making me aware of it because I was not aware of that until you [laughter]

Is is the lease who's the lease with state? And we have to be careful that the county still has a moratorum on wind and solar. So, we can only do things within city limits as far as that goes. We can't do anything without because of their moratorum on that. So, we'd have to annex it. [laughter] If I may ask a question, would that be within the extr territorial jurisdiction?

It would be. So that would make it we could qualify that and and here's where I'm going with that. if if that's a logical place and we can work something out with the state and and lease the property. That's not what I meant to say. If we're already leasing it, if we can change the lease to accommodate a solar farm as opposed to just a water tank. Um I've never been on the property, but I drive by it occasionally. Uh it's probably better for mountain goats than anything else. is a little steep

and it would make sense that if we're looking for property that wouldn't have any other better uses, this may be a good use for it. And it's close. It is quite close. There would be a little transmission line, I suppose, that would be required to get it down to uh down to the hydro plant where there where the where the connection would have to be made, but just over the hill.

Just over the hill. So, I mean, I I throw that out that that may be an option as opposed to using the property that has been presented to us tonight. And then it comes back to the question, if we can get something worked out with the state, is the council willing to offer a long-term lease for this project for for solar farm? And what does what does that open us up to again as far as liability relief for clean up and decommissioning?

So not not to interrupt you Ed, but Judy, is that land contiguous to be annexed or is that it is not? But that doesn't affect the moratorium that the county has.

The county would have to allow us to do it then. Okay, gentlemen. Uh, is there any further discussion on this? Do you feel comfortable at this stage? Do you have enough information? Make a decision. Mr. Miss Lee, no, I'm not comfortable at this point. I think um I I would suggest that I would make a move. I wouldn't propose that we any we table it until the next session or next council meeting and maybe we would have an opportunity for maybe Lane and and Bill to find out if the state would allow us to modify our lease agreement on that property to put solar panels up there. Uh and maybe you guys don't want to do that. I don't know. But um I like like uh you mentioned Tai and Brad. I mean that that strip of land there that whatever it is 35 acres or whatever it is is pretty good property it seemed like but on the other side of the coin if the people want to sell it want to sell it then I don't know that I want to stand in the middle of that

second I assume that was a motion right if you can figure it out [laughter] motion by Rer second by Garrick table the matter that uh we must proceed to a vote on that. There's no discussion on that issue. So please let's proceed to vote on that issue. what we was going to do. So, we're going to table

table to next [laughter] seven to one. Yeah. Go on your record forever. Okay. That matter is now tabled. Thank you gentlemen for your time. Thank you. Thank you both for being here. Thanks. [clears throat]

Okay. The final matter on the agenda is uh a the claim. So I hear a motion on that. I move second. I was supposed to be first. [laughter] Okay. Was any discussion on the motion to allow claims? Hearing none, let's proceed to a vote. That uh passes and um All right. I guess there has now been a request to go into executive session.

Yes. Council, Councilwoman Nestley, I move to uh enter a close session for the sole purpose of discussing potential lit litigation and real estate transactions in order to protect the public's interest. Motion by Flanders, second by Dy to go into executive session. Brad's hungry. Motion passes. We are now going to executive want to pizza. All right. Yeah, go ahead. She needs to go home. That's fine. Thank you.

Yes, please. Yeah, if you need a restroom break, we'll get microphone shut off and we'll go test.