PROCEEDINGS – VILLAGE OF MEAD BOARD OF TRUSTEES

April 9, 2019

A Regular Meeting of the Chairman and Board of Trustees of the Village of Mead, NE was held April 9, 2019 at the Village Office. Chairman Guyle called the meeting to order at 6:00 p.m.  Notice of the meeting was provided in advance thereof by posting notice at the Bank of Mead, U.S. Post Office and the Village Office as shown by the certificate of posting notice attached to these minutes.  Advance notice was also provided to the Chairman and all members of the Board of Trustees.  All proceedings were held while the convened meeting was open to the public.  Answering roll call were Chairman Gary Guyle; Trustees William Thorson, Richard Wielage, and Rodney Wimer. Absent was Trustee Jason Felty. Also present were Clerk June Moline, Utilities/Maintenance Superintendent Nick Raver, Police Chief Jerry Carlson, and Planning Commission Chairperson Jody Weible. Guests were Julie Ogden, David VanVleet, Jeremy Harnish, and Craig Reinsch.

The posting of the Open Meetings Law was noted.

Motion by Wielage, second by Thorson, to adopt the agenda. Vote:  Felty-absent, Guyle-yes, Thorson-yes, Wielage-yes, Wimer-yes; motion carried 4-0.

Motion by Thorson, second by Wimer, to approve the minutes of the March 12 Regular Meeting. Vote:  Guyle-yes, Thorson-yes, Wielage-yes, Wimer-yes, Felty-absent; motion carried 4-0.

Felty entered the meeting at 6:02 p.m.

Motion by Wielage, second by Guyle, to approve the Treasurer’s Report showing $710,909.53 total checking/savings balance ending March 31, 2019.  Vote: Thorson-yes, Wielage-yes, Wimer-yes, Felty-yes, Guyle-yes; motion carried 5-0.

Motion by Guyle, second by Felty, to approve Certificate of Payment No. 1 to U.S. Water Services, Inc. for Verification Pilot Testing in the amount of $35,343.00. Vote:  Wimer-yes, Felty-yes, Guyle-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

Motion by Wimer, second by Thorson to approve the bid and payment of $6,000.00 to Asphalt Paving and Seal Coating to resurface the street at N. Third Circle. Vote:  Felty-yes, Guyle-yes, Thorson-yes, Wielage-yes, Wimer-yes; motion carried 5-0.  Thorson did indicate prior to the vote that he wants Raver to contact the contractor that they need to fix the hole at the southeast corner of the street as you enter N. Third Circle from Elm Street.

Motion by Wielage, second by Wimer, to approve the claims of $178,002.31 for payment. Vote: Wielage-yes, Wimer-yes, Felty-yes, Guyle-yes, Thorson-yes, with Wimer abstaining on check #4171; motion carried 5-0.

Claims being:

SCHEDULED GUEST:

Street Superintendent Julie Ogden, JEO Consulting Group, presented bids from M.E. Collins Contracting Co., Wahoo, for $137,465.30 with a start date of September 4, 2020 and K2 Construction, Lincoln, for $179,477.87 with a start date of August 5, 2019 and $163,169.20 with a start date of May 1, 2019.

Motion by Guyle, second by Thorson, to accept the bid of $137,465.30 from Collins Contracting Co. with a start date of September 4, 2020. Ogden will seek a bid amendment from Collins for completion date prior to September 30, 2020, not the completion date of October 2, 2020 as stated in the contract. This will allow funds to be expended within the October 1, 2019 through September 30, 2020 fiscal year.

The board addressed concerns on police policy of clocking in and out while on duty.

UTILITIES/MAINTENANCE SUPERINTENDENT REPORT: Nick Raver

Raver reported on a possible grant to obtain a second siren for the north side of Mead; water main break at Eighth and Oak Street; water hydrant break south of the bank at 320 S. Vine Street; concern with water level at the lagoons; and recent vandalism at the wellhouse.

UNSCHEDULED GUEST:

Carlson reported contact with a party regarding a recent complaint. The party, Jeremy Harnish, stated the reason there is gravel and mud along Fifth Street between Elm and Vine Streets is that when the gas company removed a line near the alley, the dirt was not filled in with the correct size of rock and created deep ruts thus spreading mud and rock on the streets as his vehicles exit the alley.  He also reported there are three garbage trucks that also travel through the alley on a weekly basis.  The board suggested that he purchase rock that will be a 50/50 share with the village.  Raver indicated rock is hard to get at this time due to the many repairs required at numerous locations from the recent flooding.  It was suggested that he contact the neighbors that use the alley and ask that they share the cost of the 50% with him so that they may also travel on the alley road.  There was a dispute left unsettled as to who would remove the river rock from the street.  Jeremy said he would clean up the oil and the vehicle that had been setting there for a period of time had been removed.  (Jeremy has since swept the street to remove the river rock.)

Motion by Thorson, second by Wimer, to adjourn to a Board of Adjustment Meeting at 6:35 p.m. Vote:  Thorson-yes, Wielage-yes, Wimer-yes, Felty-yes, Guyle-yes; motion carried 5-0.

BOARD OF ADJUSTMENT

Chairman Guyle called the meeting to order at 6:35 p.m. Answering roll call were Chairman Gary Guyle; Members Jason Felty, Bill Thorson, Jody Weible, and Richard Wielage.

Motion by Thorson, second by Felty, to adopt the agenda. Vote:  Weible-yes, Wielage-yes, Felty-yes, Guyle-yes, Thorson-yes; motion carried 5-0.

Guyle stated the purpose of the meeting was to review an application from David VanVleet to erect a six foot, solid, vinyl fence on his property at 29 N. Elm Street, Mead, but that the fence will not meet the guidelines of the Single Family Residential District.

Motion by Wielage, second by Thorson, to adjourn to a public hearing at 6:36 p.m. Vote:  Weible-yes, Wielage-yes, Felty-yes, Guyle-yes, Thorson-yes; motion carried 5-0.

PUBLIC HEARING

David VanVleet is seeking a variance to construct a six foot, solid, vinyl fence on the north side of his property at 29 N. Elm Street, Mead. The petition asks for the variance of 11-306, District R-1, Single Family Residential D.2.a. from the required setback for the front yard depth; not less than twenty-five feet and 11-410, Fences, that part of the fence between the front setback line and the front lot line shall not exceed three and one-half feet and shall not be of solid construction.  The application is asking that the fence be less than twenty-five feet for the front depth and the fence be a six foot, solid, vinyl fence.  He indicated the fence will not be a safety concern while entering or backing from his driveway as visibility will not be impaired by the solid fence.

He stated the reason for his request was the noise from the school grounds located to the north, the chain-link fence on the east side of the basketball courts at school do not meet the required front yard set-back, lights from vehicles parked at the basketball court shine into his bedroom window, and the school grounds are in poor condition.

Planning Commission Chair Weible indicated his request for a building permit to construct the fence had been denied by the Planning Commission at their February 25 regular meeting and was suggested that he seek a variance from the Board of Adjustment.

Motion by Guyle, second by Thorson, to adjourn the public hearing at 6:44 p.m. Vote:  Felty-yes, Guyle-yes, Thorson-yes, Weible-yes, Wielage-yes; motion carried 5-0.

REGULAR SESSION BOARD OF ADJUSTMENT

Discussion was held by the board concerning this request and that the construction will answer the concerns of Mr. VanVleet and will not cause due hardship on others within the neighborhood.

Weible introduced and motioned to adopt Resolution 19-08, Variance amending Article 3, District 11-306 Single Family Residential and Article 4, District 11-410 Fences and approve Building Permit 19-02 to construct the fence. The motion was seconded by Wielage.  Vote:  Guyle-yes, Thorson-yes, Weible-yes, Wielage-yes, Felty-yes; motion carried 5-0.

RESOLUTION 19-08

            WHEREAS, The Village of Mead authorizes the variance request from David VanVleet of the following described real estate to wit:

Lot 2, Mead Development Subdivision, Mead, Saunders County, Nebraska; also known as 29 N. Elm Street, Mead, Nebraska.

Resolution sets out findings of fact based on evidence and testimony that the following conditions exist or would result in: 1) the strict application of the zoning regulation would produce undue hardship; 2) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; 3) the authorization of such variance will not be of substantial detriment to adjacent property and the character of the district will not be changed by granting of the variance; and 4) the granting of such variance is based upon reason of demonstratable and exceptional hardship as distinguished from variations for purposes of convenience, profit or caprice.

WHEREAS, Variance amends Zoning Ordinance Article 3 Districts, 11-306, District (R-1) Single-Family Residential District D.2.a. “Front yard depth; not less than twenty-five (25’) feet. All property pins are required to be located”.  The application is seeking a distance less than twenty-five (25’) feet and “would be in-line with the fence erected on Mead Public School property to the north of this property”; and Article 4 Additional Regulations, District 11-410 Fences, “In the SR, R-1, R-2, and MH residential districts, a solid fence may be erected to a height of no more than six (6’) feet above the ground between two (2) lots EXCEPT (i) such six (6’) feet height shall only be allowed between said two (2) lots from the rear property line forward to a point parallel to the edge of a house nearest the street, but in any event, no closer to the street than the front yard setback requirement of the respective district; (ii.) that part of the fence between the front setback line and the front lot line shall not exceed three and one half (3 ½’) feet and shall not be of solid construction”.

WHEREAS, the variance allows for the construction of a six (6’) solid fence be of solid material permitted along the front yard and be nearer the front yard minimum setback requirement of twenty-five (25’) feet of the front yard allowed in District (R-1) Single-Family Residential District.

Motion by Guyle, second by Wielage, to adjourn at 6:46 p.m. Vote:  Thorson-yes, Weible-yes, Wielage-yes, Felty-yes, Guyle-yes; motion carried 5-0.

REGULAR SESSION

POLICE / ZONING ADMINISTRATOR / NUISANCE ENFORCEMENT OFFICER REPORT: Jerry Carlson

Chief Carlson reported on the property located at 620 S. Elm Street. Discussion was held with homeowner, Dylan Tegtmeier, per telephone conversation due to his work schedule.  Dylan  recently purchased the property and plans have been submitted to erect a garage and fence at the property.  Dylan indicated he has recently purchased siding, windows, and paint for the house.The board indicated they would like the yard cleaned and exterior of the house repaired within thirty days and the repair of the interior of the house continued in a timely manner thereafter as many concerns have been presented by the public on the current condition of the property.

Recent vandalism at the wellhouse and recent trespassing incident were discussed. The board addressed the concern earlier discussed with the need for Carlson to clock in and out while on duty as per their instruction.

The monthly police report was reviewed.

SCHEDULED GUEST:

Engineer Craig Reinsch, Olsson, reported results of the pilot test indicated that AdEdge could not meet the requirements of the test.  Craig will contact Attorney Freeman-Caddy as to the legal aspects on the request from AdEdge for payment for services.  The results of the verification pilot test then completed by Tonka/U.S. Water has been approved and the Department of Health and Human Services has approved notice to proceed with design for the equipment.  He presented a timeline with the water tower completed by June 2020 and the water treatment facility by December 2020.

Motion by Thorson, second by Felty, to allow Craig to address a letter to Tonka/U.S Water to proceed with the shop drawings for equipment. Vote:  Wielage-yes, Wimer, Felty-yes, Guyle-yes, Thorson-yes; motion carried 5-0.

Concerns were brought forward regarding drainage at the water site and water level at the lagoons.

PLANNING COMMISSION REPORT:

The minutes of the March 25 Regular Meeting and Demolition Permit 19-01 to Toni Roberts to demolish a deck were accepted.

LIBRARY REPORT:

The minutes of the March 18 Library Board Meeting were accepted. The resignation of Library Aide Mary Mayfield was accepted and concerns with her letter of resignation were discussed.  The board is considering at this time as to whether the library is an asset to the community.

Motion by Wimer, second by Felty, to approve the hire of Roberta Kisling as Library Aide. Vote: Guyle-yes, Thorson-yes, Wielage-yes, Wimer-yes, Felty-yes; motion carried 5-0.

CLERK REPORT: June Moline

Moline reported that Marilyn Jensen has offered her services to maintain the median at the north entrance into Mead this spring / summer; Mead Garage Sale Day is scheduled for May 4 from 8:00 am – 12:00 p.m.; Mead Clean-up Day is scheduled for June 1 from 9:00 a.m. – 12:00 p.m.; there have been thirty-three dog / cat licenses issued to date; and reminded the board of her upcoming vacation.

UNFINISHED BUSINESS:

Motion by Guyle to approve third reading and adopt Ordinance No. 725, Trash Removal Agreement with Waste Connections; Ordinance No. 726, Trash Removal Agreement with Roadrunner Transportation; and Ordinance No. 727, Trash Removal Agreement with S-2 Refuse and Recycling. The motion was seconded by Wimer.  Vote:  Thorson-yes, Wielage-yes, Wimer-yes, Felty-yes, Guyle-yes; motion carried 5-0.

ORDINANCE NO. 725

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO GRANT TO WASTE CONNECTIONS, A NON-EXCLUSIVE FRANCHISE TO COLLECT AND DISPOSE OF THE GARBAGE OF THE RESIDENTS OF THE VILLAGE OF MEAD, PURSUANT TO THE COMMERCIAL GARBAGE HAULERS FRANCHISE ORDINANCE OF THE VILLAGE OF MEAD, NEBRASKA, SECTION 10-403 OF THE MUNICIPAL CODE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA.

ORDINANCE NO. 726

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO GRANT TO ROADRUNNER TRANSPORTATION LLC, A NON-EXCLUSIVE FRANCHISE TO COLLECT AND DISPOSE OF THE GARBAGE OF THE RESIDENTS OF THE VILLAGE OF MEAD, PURSUANT TO THE COMMERCIAL GARBAGE HAULERS FRANCHISE ORDINANCE OF THE VILLAGE OF MEAD, NEBRASKA, SECTION 10-403 OF THE MUNICIPAL CODE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA.

ORDINANCE NO. 727

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO GRANT TO S-2 REFUSE & RECYCLING, A NON-EXCLUSIVE FRANCHISE TO COLLECT AND DISPOSE OF THE GARBAGE OF THE RESIDENTS OF THE VILLAGE OF MEAD, PURSUANT TO THE COMMERCIAL GARBAGE HAULERS FRANCHISE ORDINANCE OF THE VILLAGE OF MEAD, NEBRASKA, SECTION 10-403 OF THE MUNICIPAL CODE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA.

Motion by Wimer, second by Felty, to approve second reading of Ordinance No. 728, amend Article 3 Parking, Section 5-311 Parking; Snow Removal. Vote: Wielage-yes, Wimer-yes, Felty-yes, Guyle-yes, Thorson-yes; motion carried 5-0.

NEW BUSINESS:

Discussion was held on participation in the Saunders County Owner-Occupied Housing Rehabilitation Program with the decision not to participate in this program.

Motion by Thorson, second by Wimer, to approve an Interlocal Agreement with the City of Wahoo to spray mosquitos at $315.00 per application. Vote:  Wimer-yes, Felty-yes, Guyle-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

Motion by Felty, second by Thorson, to approve an application from Colby Properties LLC to grind a driveway located at 110 N. Second Street. Vote: Felty-yes, Guyle-yes, Thorson-yes, Wielage-yes, Wimer-yes; motion carried 5-0.

Discussion was held on a request received from Angie Siske that she had received from the summer program coordinator from Valley to use the baseball field at Mead this summer due to damage to their fields from the recent flood. The board sought more information but did approve use of the field as long as it does not interfere with Mead’s baseball schedule and they are responsible for their own ballfield preparation.

An application was received from Rebecca Halbmaier to complete ballfield maintenance. Her duties are to lime the ballfields once they have been dragged.  Motion by Felty, second by Thorson, to approve the hire of Rebecca Halbmaier for ballfield maintenance at $20.00 per field.  Vote:  Thorson-yes, Wielage-yes, Wimer-yes, Felty-yes, Guyle-yes; motion carried 5-0.

Felty introduced and motioned to adopt, second by Wielage, Resolution 19-09, amend Chapter 8 Public Ways and Property, Section 8-401 Curb and Gutter; Cutting Curb to amend the rate to $1.00 per linear foot.  Vote:  Wielage-yes, Wimer-yes, Felty-yes, Guyle-yes, Thorson-yes; motion carried 5-0.

RESOLUTION 19-09

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MEAD, NEBRASKA, TO SET DEPOSIT AND BOND TO CUT INTO ANY

PAVING, CURB OR SIDEWALK

WHEREAS, the Village of Mead Board of Trustees, Mead, Saunders County, Nebraska, recognizes that Village of Mead Code 8-401 Curb and Gutter; Cutting Curb, states that a rate shall be set to establish a deposit and bond to cut into any paving, curb, or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained approval from the Governing Body therefore;

WHEREAS, the applicant shall deposit with the Municipal Treasurer a sum set for all paving, curb, or sidewalk to be cut;

WHEREAS, the deposit shall be set at $1.00 per linear foot of construction basis.

Wimer introduced and motioned to waive three readings and adopt Ordinance No. 729, amend Chapter 8 Public Ways and Property, Section 8-401 Curb and Gutter; Cutting Curb. The motion was seconded by Thorson.  Vote:  Wimer-yes, Felty-yes, Guyle-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

ORDINANCE NO. 729      

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO AMEND CHAPTER 8 PUBLIC WAYS AND PROPERTY, WITH THE AMENDMENT TO ARTICLE 4, CURB AND GUTTER; SECTION 8-401, CURB AND GUTTER; CUTTING CURB; TO PROVIDE THAT THE CHAIR AND THE APPROPRIATE DEPARTMENT, WHETHER ONE OR MORE, OF THE VILLAGE OF MEAD, NEBRASKA, ARE AUTHORIZED AND DIRECTED TO IMPLEMENT THIS ORDINANCE.

Guyle introduced and motioned to waive three readings and adopt, second by Thorson, Ordinance No. 730, Amend wage of Library Aide to $9.00 per hour. Vote:  Felty-yes, Guyle-yes, Thorson-yes, Wielage-yes, Wimer-yes; motion carried 5-0.

ORDINANCE NO. 730

AN ORDINANCE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, TO PROVIDE FOR AMENDMENT OF THE WAGE OR SALARY OF THE LIBRARY AIDE OF THE VILLAGE OF MEAD, NEBRASKA.

Discussion was held on a recent meeting with AltEn General Manager, Scott Tingelhoff, as to how to prevent the odor emitted from the product being spread on-site and in fields; enforcement of Conditional Use Permit issued to Mead Cattle Company regarding requirement for spreading manure off-site, upcoming hearing and meeting scheduled by the Nebraska Department of Environmental Quality on May 6 to issue a Class II air quality operating permit to AltEn; and results of the Community Survey indicating the four major interests indicated by the public to set as priorities in the future are water and sewer, community resources, drainage, and business district.

Motion by Guyle, second by Felty, to adjourn at 8:25 p.m. Vote:  Thorson-yes, Wielage-yes, Wimer-yes, Felty-yes, Guyle-yes; motion carried 5-0.

Gary Guyle, Chairman

June Moline, Clerk