VILLAGE OF MURRAY, NEBRASKA
August 13, 2019
The Murray, Nebraska Board of Trustees met in regular session on Tuesday, August 13, 2019, at 7:00 pm in the Murray Municipal Building. Present: Trustees: Stan Flak, Brian Coffman, Jeff Anderson, Theresa Sallach, and George Blessing; Village Clerk Shelli Hayes; attending: guests.
Notice of the meeting was given in advance thereof by posting in (3) three public places as shown by the certificate attached to these minutes. Notice of the meeting was simultaneously given to the Chairman and all members of the Board of Trustees. Their acknowledgement of receipt of notice and agenda is attached to these minutes. All proceedings thereafter were taken while the convened meeting was open to the attendance of the public.
Chairman Flak called the meeting to order at 7:00 PM and informed the audience of the location of the open meetings act poster.
Approval and/or correction of the minutes of the July 9, 2019 regular meeting and July 23, 2019, special meeting; Motion by Coffman, seconded by Sallach to approve the minutes of the July meetings; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
Treasurer's Report. Motion by Coffman, seconded by Anderson to acknowledge receipt of the Treasurer’s report; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
Claims approval. Motion by Coffman, seconded by Anderson to approve the claims as revised; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
Nuisance update. Coffman reported that after the 1st Notice of Nuisance, three premises have failed to abate said nuisance, and he recommends the board move to the next step in abating the nuisance per the Village Code of Ordinances (92.27).
Motion by Coffman, seconded by Sallach to proceed with 2nd Notice of Nuisance at 409 E Campbell: ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
Motion by Anderson, seconded by Coffman to proceed with 2nd Notice of Nuisance at 109 N Latta: ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
Motion by Coffman, seconded by Anderson to proceed with 2nd Notice of Nuisance at 202 E Campbell; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
Monte Dakan of Johnson Service Company presented findings and recommendations resulting from the recent CCTV sewer pipe inspection and videoing done by his company. He provided a video showing groundwater ingress in areas of W Young and N Park and on to N Railroad Ave. Mr. Dakan provided a quote for the work to repair the sewer, and explained the type of material sleeve that would be used to seal the pipe. He also stated that his company would not do the work for repairing the offset; Chairman Flak stated a bid is needed for that before the work can begin, and he requested Trustee Blessing to obtain a bid from a contractor. Mr. Dakan stated his company is booked into next year, but could get it scheduled for 2020.
Chairman Flak appointed citizen volunteers to the newly-formed Planning Commission as such: Ericka Olson, Chairperson; Linda Brouhard, Secretary; Rowdy Woodard, Member; and Robert Hayes, Alternate. Motion by Coffman, seconded by Anderson to accept these citizens as duly-appointed members of the Planning Commission: ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
The trustees again discussed the ongoing issue of Barry Road and whether or not to begin maintaining it as a village road. Larry Morten, Village Attorney, was present to advise the legalities of any action the board may take. After some discussion, motion was made by Chairman Flak, seconded by Trustee Coffman to proceed with the village making an offer to the property owners to return the property to the property owners splitting it north and south equally; ayes: Coffman, Anderson, Flak; nays: Blessing, Sallach; motion carried.
Motion by Coffman, seconded by Sallach to extend the annual agreement with LARM (League Association of Risk Management) for 2019-2020; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
Chairman Flak provided an update on the action to obtain the property at 106 N Park Ave. He stated the Village Real Estate Attorney has filed paperwork with the court to appoint a Board of Appraisers to determine a fair market value for the property, and a response should be provided within the next ten days.
The board discussed swimming pools in the village and the necessity to adopt ordinances pertaining to swimming pools in accordance with the Cass County Safety and Zoning requirements that are currently in place. Village Attorney Larry Morten advised he would draft an ordinance for the village. Chairman Flak stated that in the meantime, he will contact Cass County Zoning with a request to inspect all current swimming pools in the village regarding compliance with Cass County Safety and Zoning requirements.
Chairman Flak opened the floor for any citizen questions or comments. Mr. Stanton asked about water drainage onto his property from E Campbell. Trustee Coffman stated that E Campbell will suffer wear from heavy truck use during the highway project. He said that once the highway construction is done, E Campbell will be redone, but he said he will look at it now to see if anything can be done.
Mr. Collins asked if he would be allowed to place a shipping container for storage on his property. Chairman Flak advised him to submit an application to the newly-appointed Planning Commission.
Ericka Olson requested to discuss expanding the specifics of the noise ordinance. Trustee Coffman stated this matter was discussed about a year ago, but no decisions were made at that time. Mrs. Olson read a letter to the board providing statistics about why a noise ordinance is important in reference to the required amount of sleeping hours for children’s health and wellness. She recommends amending the noise ordinance to state specifically the hours of 11:00 pm to 7:00 am, allowing 8 hours of quiet time. Coffman stated this matter should be considered more extensively, and he advised it would be an agenda item for the September meeting.
Motion by Blessing, seconded by Coffman to adjourn the meeting at 8:30 PM; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.
I, the undersigned Village Clerk of the Village of Murray, Nebraska, hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Chairperson and the Board of Trustees of the Village of Murray to the best of my knowledge; that the agenda was kept continually current and available for public inspection at the office of the Village Clerk; that the minutes were in written form and available for public inspection within (10) working days and prior to the next convened meeting of said body; the minutes are published in summary form, upon request a complete copy is available at the Village Office.
Stanley D. Flak, Chairman
Shelli S. Hayes, Village Clerk