PROCEEDINGS – VILLAGE OF MEAD BOARD OF TRUSTEES

August 10, 2021

A Regular Meeting of the Chairman and Board of Trustees of the Village of Mead, NE was held August 10, 2021 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 to 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, Jason Lee, and Richard Wielage. Absent was Trustee Daniel Simon.  Also present were Clerk June Moline and Utilities/Maintenance Superintendent Nicholas Raver.  Guests were David Scribner, Greg Lavigne, Lisa Flesner, Ed Schroeder, Julie Ogden, David MacDonald, Andy Jackson, and Heather Cooley.

The posting of the Open Meetings Law was noted.

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

The minutes of the July 13 Regular Meeting were accepted.

Motion by Wielage, second by Lee, to approve the Treasurer’s Report showing $894,160.87 total checking/savings balance ending July 31, 2021.  Vote: Lee-yes, Simon-absent, Thorson-yes, Wielage-yes, Felty-yes; motion carried 4-0.

Motion by Thorson, second by Wielage, to approve the claims of $41,351.05 for payment.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-absent; motion carried 4-0.  Claims being:

UNFINISHED BUSINESS:

Discussion was held on possible projects to be included with funding from ARPA NEU.

NEW BUSINESS:

Felty introduced and motioned to approve first reading of Ordinance No. 776, Required:  Performance Bond.  Lee seconded the motion.  Vote:  Wielage-yes, Felty-yes Lee-yes, Simon-absent, Thorson-yes; motion carried 4-0.

Motion by Felty, second by Lee, to adjourn at 6:10 p.m. to a Budget Workshop.  Vote:  Felty-yes, Lee-yes, Simon-absent, Thorson-yes, Wielage-yes; motion carried 4-0.

BUDGET WORKSHOP:

Thorson called the workshop to order at 6:10 p.m.  Answering roll call were Chairman Thorson; Trustees Felty, Lee, and Wielage.  Absent was Trustee Simon.

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

Accountant Ed Schroeder presented the October 1, 2021 through September 30, 2022 proposed budget.

Motion by Lee, second by Felty, to reconvene in Regular Session at 6:37 p.m.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-absent; motion carried 4-0.

SCHEDULED GUEST:

Street Superintendent Julie Ogden presented the Draft Assessment Report and options for Bond pay-off for Street Improvement District 2018-1.  She stated the total for the project was $177,180.50, questioned how property owners are to be assessed for their share of the cost, and number of years for bond repayment.

Lee introduced and motioned to adopt Resolution 21-11, Set date for Notice of Hearing on Special Assessments as October 12 at 6:05 p.m. at the Mead Community Building. Thorson seconded the motion.  (Wielage was not part of the conversation or vote as he is a property owner included in the project).  Vote:  Wielage-not participating, Felty-yes, Lee-yes, Simon-absent, Thorson-yes; motion carried 3-0.

RESOLUTION 21-11

BE IT RESOLVED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF MEAD, NEBRASKA:

1. The Board shall meet at the Community Building in said Village on the 12th day of October, 2021, at 6:05 P.M. for the purpose of sitting as a Board of Equalization and levying special assessments on the lots and parcels of land abutting on or adjacent to the streets in Street Improvement District Project No. 2018-1.  Notice of the time of holding such meeting and the purpose for which it is held shall be published in the Wahoo Newspaper, a legal newspaper published in Saunders County and of general circulation in said Village, at least four weeks (five consecutive weekly publications) before the date of said hearing or in lieu thereof personal service may be had on persons owning or occupying property to be assessed.  The Clerk is directed to cause said notice to be mailed to owners of property subject to assessment as provided by statute.
2. The special engineer is directed to prepare and file in the office of the Clerk prior to the first publication of the Notice of said hearing on special assessments, a map of the property benefited by the improvements constructed in connection within said Districts and a tentative schedule of the assessments, which shall be open to the public.

Motion by Lee, second by Felty, to authorize Chairman Thorson to sign the Disclosure Letter for General Obligation Highway Allocation Bonds 2021 with a term limit of 15 years, and property owners be assessed 50% of the cost of the project.  Vote:  Felty-yes, Lee-yes, Simon-absent, Thorson-yes, Wielage-yes; motion carried 4-0.

Motion by Lee, second by Wielage, to adjourn to a Public Hearing at 7:00 p.m.  Vote:  Lee-yes, Simon-absent, Thorson-yes, Wielage-yes, Felty-yes; motion carried 4-0.

PUBLIC HEARING:

Thorson called the Public Hearing to order at 7:00 p.m.  Answering roll call were Chairman Thorson; Trustees Felty, Lee, and Wielage.  Absent was Trustee Simon.

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

Thorson stated the purpose of the hearing was to hear testimony of support, opposition, criticism, suggestions, or observations with regard to a petition from David Scribner to rezone Lot 3 Girmus Subdivision 2-14-8, Mead, commonly known as 1450 Girmus Drive, Mead, Saunders County, Nebraska, from (M-1) Light Industrial to (SR) Suburban Residential.

David Scribner requested that the property be rezoned to Suburban Residential to allow him to place a house, sunroom, and garage on the property.  The buildings have been sitting on the property for several months on trailers at the site.  He stated there are several properties in Girmus Subdivision that have been rezoned as Suburban Residential and that he plans to sell the property after the buildings have been set, not indicating if he will complete the building improvements or the new owner.

Greg Lavigne addressed the board requesting they not permit the rezoning.  He owns the property located to the south which is zoned as Light Industrial.  He stated that when he purchased his property to relocate his fencing business, he understood the 45 acres were to be sold as Light Industrial investments.  He fears residents will complain with a property zoned as Light Industrial next to their property, and that after gathering information from other contacts his property valuation may be lowered.  David MacDonald who also owns property abutting Lot 3, agreed with Mr. Lavigne and asked that it be noted they both oppose rezoning of the property.

Motion by Wielage, second by Felty, to reconvene to Regular Session at 7:12 p.m.  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-absent, Thorson-yes; motion carried 4-0.

NEW BUSINESS:

Following discussion on possible lowering of property valuations to abutting properties, motion by Wielage, second by Lee, to table any action on the petition to rezone Lot 3 Girmus Subdivision until the September 14 meeting.  Vote:  Felty-yes, Lee-yes, Simon-absent, Thorson-yes, Wielage-yes; motion carried 4-0.

Felty introduced and motioned to adopt Resolution 21-08, Levy special tax and assessment in the amount of $419.16 upon Lots 6 and 8 Block 26 Original Town Mead for delinquent water/sewer bills.  The motion was seconded by Lee.  Vote:  Lee-yes, Simon-absent, Thorson-yes, Wielage-yes, Felty-yes; motion carried 4-0.

VILLAGE OF MEAD

RESOLUTION 21-08

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE VILLAGE OF MEAD, NEBRASKA, LEVYING A SPECIAL TAX AND ASSESSMENT IN THE AMOUNT OF $419.16 UPON LOTS 6 & 8 BLOCK 26 ORIGINAL TOWN MEAD, COMMONLY KNOWN AS 306 SOUTH CEDAR STREET, MEAD, sAUNDERS COUNTY, NEBRASKA, TO PAY THE COSTS OF $419.16 FOR WATER AND SEWER USAGE.

Felty introduced and motioned to adopt Resolution 21-09, second by Lee, Rescind Resolution 06-21, zoning change on Lot 6, SW Wilson’s Subdivision Mead.  Vote:  Thorson-yes, Wielage-yes, Felty-yes, Lee-yes, Simon-absent; motion carried 4-0.

VILLAGE OF MEAD
RESOLUTION 21-09

A RESOLUTION TO RESCIND RESOLUTION 06-21, APPROVED OCTOBER 23, 2006, ZONING REQUEST FOR LOT 6 DUE TO AN ERROR IN DESCRIPTION OF THE REAL ESTATE.

WHEREAS, Real Estate described in Resolution 06-21 was not properly identified,

WHEREAS, Resolution 06-21 identified the real estate as Lot 8 of CW Wilson’s Subdivision, Mead, Saunders County, Nebraska,

WHEREAS, the legal description of the real estate is Lot 6 Wilsons Subdivision & Vacated N 14’ of 1^st Street Lying on South Side of Said Lot 6 to Mead,

WHEREAS, the zoning of real estate was amended by Resolution 06-21 from (R-2) Multi-family Resolution to (B-1) Commercial District,

WHEREAS, Resolution 06-21, approved October 23, 2006, was rescinded by approval of the Village of Mead Board of Trustees on August 10, 2021 at their regular monthly board meeting,

WHEREAS, the zoning of Lot 8 Of CW Wilson’s Subdivision, Mead, Saunders County, Nebraska shall be (R-2) Multiple-family Residential.

Felty introduced and motioned to adopt, second by Lee, Resolution 21-10, Rescind Resolution 06-22, zoning change on Lot 8, CW Wilson’s Subdivision Mead.  Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-absent, Thorson-yes; motion carried 4-0.

VILLAGE OF MEAD
RESOLUTION 21-10

A RESOLUTION TO RESCIND RESOLUTION 06-22, APPROVED NOVEMBER 14, 2006, ZONING REQUEST FOR LOT 6 DUE TO AN ERROR IN DESCRIPTION OF THE REAL ESTATE.

WHEREAS, the description in Resolution 06-22 was not properly identified,

WHEREAS, Resolution 06-22 identified the real estate as Lot 8 of CW Wilson’s Subdivision, Mead, Saunders County, Nebraska,

WHEREAS, the legal description of the real estate is Lot 6 Wilsons Subdivision & Vacated N 14’ of 1^st Street Lying on South Side of Said Lot 6 to Mead,

WHEREAS, the zoning of real estate was amended by Resolution 06-22 from (R-2) Multi-family Resolution to (B-1) Commercial District,

WHEREAS, Resolution 06-22, approved November 14, 2006, was rescinded by approval of the Village of Mead Board of Trustees on August 10, 2021 at their regular monthly board meeting.

WHEREAS, the zoning of Lot 8 Of CW Wilson’s Subdivision, Mead, Saunders County, Nebraska shall be (R-2) Multiple-family Residential.

Wielage introduced and motioned to waive three readings and adopt Ordinance No. 775, Amend zoning of Lot 6, CW Wilson’s Subdivision & Vacate N 14’ of First Street lying on South Side of Lot 6 to Mead, from (R-2) Multiple-family Residential to (B-1) Commercial.  Thorson seconded the motion.  Vote:  Felty-yes, Lee-yes, Simon-absent, Thorson-yes, Wielage-yes; motion carried 4-0.

Thorson introduced and motioned to adopt Resolution 21-12, Release of permanent easement for water main and those structures and improvements that are on the easement, be abandoned to the underlying property owner, the Mead School District #72 of Saunders County, Nebraska.  The motion was seconded by Felty.  Vote:  Lee-yes, Simon-absent, Thorson-yes, Wielage-yes, Felty-yes; motion carried 4-0.

ORDINANCE NO. 775

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 1575 CO RD 10, MEAD, SAUNDERS COUNTY, NEBRASKA, LEGALLY DESCRIBED REAL ESTATE, TO WIT:

LOT 6 WILSON’S SUBDIVISION & VACATED N 14’ OF 1^st STREET LYING ON SOUTH SIDE OF SAID LOT 6 TO MEAD

WHEREAS, Nebraska Woody is the owner of the above-described real estate, and,

WHEREAS, the Board of Trustees of the Village of Mead, Nebraska, have adopted zoning for the Village of Mead and that area beyond the corporate limits of the Village of Mead, but within one (1) mile thereof, said zoning known as the Mead Zoning Regulations and has been codified in Chapter 11 of the Mead Municipal Code Book, and,

            WHEREAS, said Mead Zoning Regulation does provide for the Official Zoning Map of the Village of Mead, Nebraska, and,

            WHEREAS, said Official Zoning Map does indicate that the above-described real estate is presently zoned Multiple-family Residential and,

            WHEREAS, as owner of said real estate, does desire to amend the Official Zoning Map of the Village of Mead, to indicate that the above-described real estate to be zoned (B-1) Commercial, and,

            WHEREAS, said request for zoning change is submitted due to incorrect lot presented previously in Resolution 06-21, approved by the Mead Planning Commission on October 23, 2006 and Resolution 06-22, approved by the Board of Trustees on November 14, 2006, that have both been rescinded at the August 10, 2021 regular meeting of the Board of Trustees,

            WHEREAS, the Board of Trustees and the Village Clerk of the Village of Mead, Nebraska have previously held a public hearing on said request for change of zoning,

            NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MEAD, NEBRASKA, AS FOLLOWS:

            Section 1.  That the findings herein above made should be, and they hereby are made a part of this Ordinance as wholly as if set out at length herein.

            Section 2.  That the Official Zoning Map of the Village of Mead, Nebraska, be amended, as to the following described real estate, to wit:

LOT 6 WILSON’S SUBDIVISION & VACATED N 14’ of 1^st STREET LYING ON SOUTH SIDE OF SAID LOT 6 TO MEAD, COMMONLY KNOWN AS 1575 CO RD 10, MEAD, NEBRASKA

From (R-2) Multiple-family Residential to (B-1) Commercial.

Moline reported that a property owner inquired about planting three small pine trees along N. Oak Street following the recent paving project along his property.  Permission was granted to plant trees up to 6’ in height and planted at the lower level of the ditch.  The check to Kurita America will continue to be held until services are satisfied at the water treatment plant.  No information has been received regarding AltEn’s challenge to their land valuations.  The board is against lowering of the valuations.  Thorson reported a recent meeting with NDEE officials and local officials and parties regarding a proposed approach to remove tested water at AltEn.

One proposal was received to replace one overhead door and one sliding door with two overhead doors and openers at the shed located at the water plant.  Motion by Felty, second by Wielage, to approve proposal from Roll Door to remove two doors and replace with two overhead doors at $4,994.00 and two openers at $1,950.00 for a total of $6,944.00. Vote:  Wielage-yes, Felty-yes, Lee-yes, Simon-absent, Thorson-yes; motion carried 4-0.

POLICE REPORT:  Jerry Carlson

An update was presented regarding the nuisance abatements for Resolution 20-10 and 21-05.  Contact was provided to the attorney regarding how to handle the abatement process for Resolution 20-10.  Thorson stated that he was told the property involved in Resolution 21-05 is in the process of being sold and that some clean-up has occurred.

UTILITIES/MAINTENANCE SUPERINTENDENT REPORT:  Nick Raver

Raver reported installation of a backflow device at a business, issues during a recent storm with the generator at the sewer plant, preparation to abandon Well 92-1, and issues at the water treatment plant.

PLANNING COMMISSION REPORT:

The minutes of the July 26 Regular Meeting and Public Hearing were accepted.  Motion by Felty, second by Wielage, to void Demolition Permit 21-16, Village of Mead to demolish the wellhouse which houses Well 92-1.  Vote:  Felty-yes, Lee-yes, Simon-absent, Thorson-yes, Wielage-yes; motion carried 4-0.

LIBRARY REPORT:  

The minutes of the August 3 Library Board meeting, resignation of Layla Giorgakopoulos from the board and Tiffany King as a member of the board were accepted.

Motion by Lee, second by Felty, to adjourn at 7:48 p.m.  Vote:  Lee-yes, Simon-absent, Thorson-yes, Wielage-yes, Felty-yes; motion carried 4-0.

William Thorson, Chairman

June Moline, Clerk