PROCEEDINGS – VILLAGE OF MEAD BOARD OF TRUSTEES SPECIAL MEETING
May 29, 2015
A Special Meeting of the Board of Trustees of the Village of Mead, NE was held May 29, 2015 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, US 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. Roll call showed the following board members present: Chairman Gary Guyle; Trustees Shawn Havelka, PJ Nicola, Richard Wielage and Rodney Wimer. Also present was Clerk June Moline.
Guyle noted the Posting of the Open Meetings Law.
Motion by Wielage, second by Wimer to adopt the agenda. Vote: Guyle-yes, Havelka-yes, Nicola-yes, Wielage-yes, Wimer-yes; motion carried 5-0.
Havelka reported on a recent conversation with Keith at the Nebraska Department of Roads as to who has authority of Highway 92 regarding entry onto a business property off the highway. He stated he has addressed this concern in the past and that the village does not have the right to enforce. The property is zoned Commercial by the village, outside of village limits but the state considers it residential. Since it is residential, the only person who can use the driveway off of Highway 92 is the business owner; no friends, family or customers of the business. Ben Day, Village Engineer, has forwarded a response on behalf of the village to the Nebraska Department of Roads regarding a request to review location of village utilities prior to maintenance of Highway 92. Ben stated there is no concern with involvement between the project and the utilities of the village.
Motion by Wimer, second by Wielage to amend village code with the addition of rate for bulk water sales of $30.00 per month, plus $20.00 per $1,000 gallons of water usage. Vote: Havelka-yes, Nicola-yes, Wielage-yes, Wimer-yes, Guyle-yes; motion carried 5-0.
AltEn has requested purchase of bulk water. The concern is how to pump the water to meet state guidelines. Wimer indicated he would erect a stand pipe for distribution. Engineer Day will report to the State of Nebraska the process of how the water will be distributed. Information was distributed as to the process to sell unwanted municipal equipment.
Motion by Havelka, second by Wimer to rescind Resolution 15-11, Declared Nuisance of Property located at 1020 Co Rd M, Mead. Vote: Wielage-yes, Wimer-yes, Guyle-yes, Havelka-yes, Nicola-yes; motion carried 5-0.
Discussion on appointment of a Hearing Office took place.
Nuisance Enforcement Officer Carlson presented a written report detailing nuisances located at 1020 Co Rd M, Mead.
Havelka introduced Resolution 15-12.
Motion by Wielage, second by Havelka to adopt Resolution 15-12, Declared Nuisance of Property located at 1020 Co Rd M, Mead. Vote: Wimer-yes, Guyle-yes, Havelka-yes, Nicola-yes, Wielage-yes; motion carried 5-0.
RESOLUTION No. 15-12
The Board of Trustees of the Village of Mead, Nebraska, in Special Session assembled at the Village Office in Mead, Nebraska on this 29th day of May, 2015, hereby make the following findings:
WHEREAS, the Nuisance Officer has presented a report setting forth alleged nuisance violations on property legally described as: That part of the Northwest Quarter of the Northeast Quarter of Section 25, Township 15 North, Range 8 East of the 6th P.m., Saunders County, Nebraska; described as beginning at the Northwest corner of the Northeast Quarter of Section 35; thence N90°00’00″E (assumed bearing), on the North line of the Northwest Quarter, a distance of 786.72 feet to a point on the Northerly extension of the East right of way of Elm Street; thence S01°47’18″E, on the East right of way of Elm Street and its Northerly extension thereof, a distance of 209.00 feet to the Northwest Corner of Block 2, Hanson’s First Addition, Village of Mead; thence N90°00’00″E, on the North line of said Block 2, a distance of 8.55 feet to the point of beginning, thence continuing N90°00’00″E, on the North line of said Block 2, a distance of 200.45 feet to the Southwest Corner of Block 1, Hanson’s First Addition, Village of Mead; thence N01°47’18″W, on the West line of said Block 1, a distance of 158.98 feet to a point on the South right of way of State Highway No. 92, said point being 50.00 feet, measured at right angles, South of the North line of the Northwest Quarter; thence S90°00’00″W, on said South right of way, a distance of 134.00 feet; thence S79°21’00″W, on said South right of way, a distance of 54.11 feet; thence S03°11’42″W, on said South right of way, a distance of 149.13 feet to the point of beginning Saunders County, Nebraska and known as 1020 Co Rd M, Mead, Nebraska, which is within one-mile of the Village Corporate Limits and located within its zoning jurisdiction, identifying that in his opinion a nuisance exists as defined by Village Ordinance; said report contains photographs and other evidence pertinent to the situation, and the report was presented at a regular or special meeting for confirmation that a nuisance exists, a copy of said report is attached hereto, and
WHEREAS, a review by the Board of Trustees of the Village of Mead was made at a Special Meeting held on the 29th day of May, 2015, and
WHEREAS, the Board of Trustees, after review of the report and the accompanying photographs and evidence desires to declare the conditions found therein as Nuisances pursuant to the Village Code of Ordinances (Ordinance No. 657), 4-301 through 4-306 and 4-401 through 4-402.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MEAD that the findings hereinabove made are incorporated herein and that the Board of Trustees declares that nuisances exists upon the property so identified which is within the zoning jurisdiction of the Village and within one mile of the corporate boundary of the Village; and
BE IT FURTHER RESOLVED, that the Board of Trustees orders that the nuisances found on the property described above and described in the report attached to this Resolution shall be abated and removed no later than a date certain, that date being July 1, 2015. The nuisances to be abated and removed which are shown in the attached report and photographs and specifically violate the following Code Sections:
Municipal Code:
§4-302 (A);
§4-302 (B)4; (B) 9; (B)10; (B)11; (B)12; (B)13; (B) 16; (B)20.
BE IT FURTHER RESOLVED, that the Village Clerk shall notify the Nuisance Officer to serve notice upon the violators; that the Nuisance Officer shall prepare and serve notice which shall describe the found nuisances and state the required date of when abatement and removal of the nuisance shall be accomplished; and shall also provide information as to how the interested parties may request a hearing before the governing body. Notice shall be given as provided in the Municipal Code; and
BE IT FINALLY RESOLVED, that the Village shall proceed as determined under the administrative procedure of Chapter 4 of the Village of Mead Municipal Code.
Motion by Wielage second by Havelka to adjourn at 6:40 p.m. Vote: Wimer-yes, Guyle-yes, Havelka-yes, Nicola-yes, Wielage-yes; motion carried 5-0.