PROCEEDINGS – VILLAGE OF MEAD BOARD OF TRUSTEES

December 8, 2020

A Regular Meeting of the Chairman and Board of Trustees of the Village of Mead, NE was held December 8, 2020 at the Mead Community Building.  Chairman Thorson 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 in the Wahoo Newspaper and 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 William Thorson, Trustees Jason Felty, Richard Wielage, and Rodney Wimer.  Absent was Trustee Gary Guyle.  Also present were Clerk June Moline and Utilities/Maintenance Superintendent Nick Raver.

The posting of the Open Meetings Law was noted.

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

The minutes of the November 10 Regular Meeting were accepted.

Thorson reported the sidewalk has been repaired at N. Third and Elm Streets by Frontier Co-op and plans are that they replace the approach at that area in the near future.  The village plans to replace the sidewalk along the railroad tracks at N. Third and Vine Streets.

Following unfinished business, answering roll call were Chairman Thorson; Trustees Jason Felty, Jason Lee, Daniel Simon, Jr. and Richard Wielage.

Newly elected Board of Trustees members Jason Lee and Daniel Simon, Jr. and Clerk/Treasurer June Moline were given the Oath of Office.

Motion by Thorson, second by Felty, to appoint Clerk Moline as Chairman Pro-tempore.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

Moline called for nominations for Chairman of the Board.

Motion by Felty, second by Lee, to nominate Thorson as Chairman of the Board.  Vote:  Lee-yes, Simon-yes, Thorson-abstain, Wielage-yes, Felty-yes; motion carried 4-1, with Thorson abstaining.

Motion by Wielage, second by Simon, that nominations cease.  Vote:  Simon-yes, Thorson-abstain, Wielage-yes, Felty-yes, Lee-yes; motion carried 4-1, with Thorson abstaining.  William Thorson was nominated as Chairman of the Board.

Thorson called for nominations for Chairman Pro-Tempore in his absence.

Motion by Thorson, second by Simon, to nominate Felty as Chairman Pro-tempore.  Vote:  Thorson-yes, Wielage-yes, Felty-abstain, Lee-yes, Simon-yes; motion carried 4-1, with Felty abstaining.

Motion by Wielage, second by Thorson, that nominations cease.  Vote: Wielage-yes, Felty-abstain, Lee-yes, Simon-yes, Thorson-yes; motion carried 4-1, with Felty abstaining.  Felty was declared Chairman Pro-tempore.

Motion by Felty, second by Lee, to approve Pay Certificate #5 to Neuvirth Construction in the amount of $361,597.35 for building construction (interior and exterior concrete floor, chemical feed equipment) and a majority of the site utilities (wells, water, sewer, lift station and some electrical work) at 50% complete.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

Motion by Thorson, second by Simon, to approve Pay Certificate #4 to Kurita America, Inc. in the amount of $7,315.00 for backwash pump and equipment.  Vote:  Lee-yes, Simon-yes, Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

Motion by Felty, second by Thorson, to approve Certificate of Payment #2 to ME Collins Construction Co in the amount of $74,074.04 for manhole adjustment, paving, seeding, erosion control mat, temporary traffic control, and remove/reset mailboxes.  Vote:  Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.  Wielage expressed concern with the submittal of the invoice with specific areas not being completed and the change order indicated November 13 as the completion date.

Motion by Wielage, second by Thorson, to approve the Treasurer’s Report showing $897,524.90 total checking/savings balance ending November 30, 2020.  Vote: Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.

Motion by Felty, second by Wielage, to approve payment to ME Collins Construction, contingent that the check be held until further progress has been satisfied.  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

Motion by Wielage, second by Thorson, to approve the claims of $518,403.35 for payment.  Vote: Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.  Claims being:

Motion by Felty, second by Thorson, to approve village appointments for 2021:  Police Chief-Gerald Carlson; Clerk/Treasurer-June Moline; Utilities/Maintenance Superintendent-Nicholas Raver; Attorney-Bromm, Lindahl, Freeman-Caddy and Lausterer; Accountant-Ed Schroeder; Engineer-Olsson; Building Inspector-Terry Miller; Zoning Administrator-Gerald Carlson; Nuisance Enforcement Officer-Gerald Carlson; and Hearing Officer-Adam Miller.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

Motion by Simon, second by Thorson, to approve a 2-year retainer beginning from the first regular meeting in December 2020 to the first regular meeting in December 2022 with Bromm, Lindahl, Freeman-Caddy and Lausterer at $800.00 per year.  Vote: Lee-yes Simon-yes, Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

Motion by Felty, second by Wielage, to approve the Official Depository for deposit of all funds of the village for 2021 with the Bank of Mead.  Vote:  Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.

Motion by Simon, second by Wielage, to approve for 2021: Insurance Carrier-Inspro Insurance, 401k Administrator-Retirement Plan Consultants, and Official Newspaper-Wahoo Newspaper.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.

Motion by Felty, second by Wielage, to designate as the posting of meetings in 2021 at the Bank of Mead, Mead Post Office, and Village Office.  Vote:  Wielage-yes, Felty-yes Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

Motion by Thorson, second by Simon, to designate the manner at which the Planning Commission and Library Board are chosen is by appointment.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

Appointed to the Common Facility Board for 2021 were Richard Wielage and Dan Simon.

Appointed to the Municipal Board of Health 2021 were Chairman Thorson, Police Chief Carlson, and Health Care Provider Andrew Eckart.

Appointed to the Village Board of Adjustment for 2021 were Chairman Thorson, Trustees Felty, Lee and Wielage and Planning Commission Chairman Rick Miller.  Simon will serve as alternate.

Motion by Felty, second by Thorson, to appoint Julie Ogden, License No. S-1407, Class A, as the Village Street Superintendent as a contracted consultant beginning January 1, 2021.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

Motion by Simon to introduce and adopt Resolution 20-13 Year-end Certification of Village Street Superintendent 2020.  The motion was seconded by Thorson.  Vote:  Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.

RESOLUTION

SIGNING OF THE

YEAR-END CERTIFICATION OF CITY STREET SUPERINTENDENT FORM

2020

Resolution No. 20-13

Whereas:  State of Nebraska Statutes, sections 39-2302, and 39-2511 through 39-2515 details the requirements that must be met in order for a municipality to qualify for an annual Incentive Payment; and

Whereas:  The State of Nebraska Department of Transportation (NDOT) requires that each incorporated municipality must annually certify (by December 31^st of each year) the appointment of the City Street Superintendent to the NDOT using the Year-End Certification of City Street Superintendent; and

Whereas:  The NDOT requires that such certification shall also include a copy of the documentation of the city street superintendents appointment, i.e. meeting minutes, showing the appointment of the City Street Superintendent by their name as it appears on their License (if applicable), their License Number and Class of License (if applicable), and type of appointment, i.e., employed, contract (consultant, or interlocal agreement with another incorporated municipality and/or county), and the beginning date of the appointment; and

Whereas:  The NDOT also requires that such Year-End Certification of City Street Superintendent shall be signed by the Village Board Chairperson and shall include a copy of a resolution of the governing body authorizing the signing of the Year-End Certification of City Street Superintendent by the Village Board Chairperson.

Be it resolved that the Village Board Chairperson of Village of Mead is hereby authorized to sign the attached Year-End Certification of City Street Superintendent.

Motion by Felty, second by Lee, to authorize the signing of the Year-end Certification of City Street Superintendent for determining incentive payment for January 1 2020 to December 31, 2020.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.

Motion by Wielage, second by Simon, to adjourn to a public hearing at 6:25 p.m.  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

PUBLIC HEARING:

Thorson called the hearing to order at 6:25 p.m.  Answering roll call were Chairman Thorson; Trustees Felty, Lee, Simon, and Wielage.

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

Thorson stated the purpose of the hearing was to address an application from Scott and Cindy Pickworth to rezone from Multiple-family Residential (R-2) to Light Industrial (M-1), Lots 9, 11, 13, and 14, Block 19, Original Town, Village of Mead, Saunders County, Nebraska, commonly known as 218 S. Elm Street, Mead, Nebraska.

Thorson called for public input.

Motion by Thorson, second by Felty, to adjourn to a public hearing at 6:29 p.m.  Vote:  Lee-yes, Simon-yes Thorson-yes, Wielage-yes, Felty-yes; motion carried 5-0.

PUBLIC HEARING:

Thorson called the hearing to order at 6:29 p.m.  Answering roll call were Chairman Thorson; Trustees Felty, Lee, Simon, and Wielage.

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

Thorson stated the purpose of the hearing was to address an application for a variance from Scott and Cindy Pickworth on property described as Lots 9 and 11 Block 19, Original Town, Village of Mead, Saunders County, Nebraska, commonly known as 218 S. Elm Street, Mead, Nebraska.  The variance seeks to amend the front yard depth and side yard depth to allow for construction of a shop building.

Thorson called for public input.

Motion by Wielage, second by Simon, to adjourn to regular session at 6:33 p.m.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.

NEW BUSINESS:

Review and discussion on the request from Scott and Cindy Pickworth to rezone property at 218 S. Elm Street was held.

Wielage introduced and motioned to waive three readings and adopt Ordinance No. 758, Rezone property described as Lots 9 11, 13, and 14, Block 19, Original Town, Village of Mead, Saunders County, Nebraska, commonly known as 218 S. Elm Street, Mead, Nebraska, from Multiple-family Residential (R-2) to Light Industrial (M-1).  Lee seconded the motion.  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

ORDINANCE NO. 758

AN ORDINACE OF THE VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA TO AMEND THE OFFICIAL ZONING MAP OF THE VILLAGE OF MEAD, NEBRASKA, BY AMENDING THE FOLLOWING PROPERTY LOCATED AT­­­­­­ 218 S. ELM STREET, MEAD, SAUNDERS COUNTY, NEBRASKA, LEGALLY DESCRIBED REAL ESTATE, TO WIT:

LOTS 9, 11, 13 & 14, BLOCK 19, ORIGINAL TOWN, VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA.

Review and discussion was held on the request from Scott and Cindy Pickworth to allow a variance at 218 S. Elm Street.

Simon introduced and motioned to adopt Resolution 20-14, Variance to Scott and Cindy Pickworth on property described as Lots 9 and 11 Block 19, Original Town, Village of Mead, Saunders County, Nebraska, commonly known as 218 S. Elm Street, Mead, Nebraska.  The variance calls for amending Chapter 11 Zoning Regulations; Article 3 Districts; Section 11-311 District (M-1) Light Industrial D.2.a. Front yard depth; not less than twenty-five (25’) feet to fifteen (15’) feet front yard depth and D.2.b. Side yard depth, none, except along the side of a lot abutting a lot in (R) District in which case ten (10’) feet shall be provided to seven (7’) feet side yard depth.  The motion was seconded by Thorson.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

RESOLUTION 20-14

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

LOTS 9 & 11, BLOCK 19, ORIGINAL TOWN, VILLAGE OF MEAD, SAUNDERS COUNTY, NEBRASKA, commonly known as 218 S. 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, the applicant has requested a variance to construct a shop on the property which will be a distance less than the required setbacks.

WHEREAS, Variance amends Zoning Ordinance Article 3 Districts, 11-311, District (M-1) Light Industrial D.2.a. Front yard depth; not less than twenty-five (25’) feet, amend to fifteen (15’) feet and D.2.b. Side yard depth; none, except along the side of a lot abutting a lot in (R) District in which case ten (10’) feet shall be provided, amend to seven (7’) feet.

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

The Monthly Police Report was reviewed.

Following discussion of a residence within the Neighborhood Business District, a motion by Simon, second by Wielage, to direct Clerk to contact Attorney Freeman-Caddy to address a letter to the resident.  Vote:  Simon-yes, Thorson-yes, Wielage-yes, Felty-yes, Lee-yes; motion carried 5-0.

UTILITY/MAINTENANCE SUPERINTENDENT REPORT: Nick Raver

Raver reported STOP GRANTS are available through the police department and installation of the snow blade by Midwest Service and Sales.  Final cost of the blade is $3,750.00.

PLANNING COMMISSION REPORT:

The minutes of the November 23 meeting and public hearings (2) were accepted.

Motion by Felty, second by Simon, to approve a building permit to Scott and Cindy Pickworth to construct a shop building at 218 S. Elm Street (M-1).  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-yes; motion carried 5-0.

Motion by Wielage, second by Thorson, to approve a building permit to Robert Kuhr to construct a well at 1590 Co Rd 9 (A-1).  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-yes, Thorson-yes; motion carried 5-0.

LIBRARY REPORT:

The minutes of the November 16 Library Board meeting were accepted.

Motion by Felty, second by Lee, to adjourn at 7:08 p.m.  Vote:  Felty-yes, Lee-yes, Simon-yes, Thorson-yes, Wielage-yes; motion carried 5-0.

William Thorson, Chairman

June Moline, Clerk