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.

Maintenance Report.

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

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VILLAGE OF MURRAY, NEBRASKA
July 9, 2019

The Murray, Nebraska Board of Trustees met in regular session on Tuesday, July 9, 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 June 11, 2019 regular meeting, Motion by Coffman, seconded by Sallach to approve the minutes of the June meeting; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Treasurers Report. Motion by Blessing, seconded by Coffman to acknowledge receipt of the Treasurer’s report; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Claims approval. Motion by Coffman, seconded by Blessing to approve the claims as revised; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Maintenance Report.

Nuisance update.

Brandon Rieke presented proposal to install a Little Library in Tyson Park in memory of his grandmother and long-time Murray Resident Lois Sharp, who had a passion for reading. Rieke stated he and his family will install, maintain and care for the Little Library if the board will approve its installation. Motion by Anderson, seconded by Blessing to approve the placement of a Little Library in memory of Lois Sharp in Tyson Park; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Susan Rice addressed the board about the need for additional housing in Murray, and provided a map of possible locations for future housing developments. Mrs. Rice stated she only wanted to bring it to the attention of the board, and that it will take developers or investors to bring additional homes to the area. Trustees agreed and stated they welcome community growth and the expansion of housing opportunities.
Chairman Flak advised the board is continuing to research Barry Avenue and has the engineers looking for a solution to providing access to property lots near E Campbell and Loughridge while maintaining safety concerns for residents in the area. The matter will continue after the board obtains an engineering survey of Barry Avenue and surrounding properties.

Linda and Dave Brouhard requested a street closure on East Campbell between Park and Latta for a wedding on Sunday, September 1, 2019, between 12:00 pm (noon) to 12:00 am (midnight). The board of trustees provided verbal approval and requested that attendees adhere to all Village Ordinances and county/state laws as usual.

Trustee Coffman discussed a recent dog bite incident that required medical attention. He stated currently, a letter has been sent by regular and certified mail to the owner of the dog, and the owner has not yet responded to the letter. Trustee Coffman stated that after the five (5) required days, the board will move forward to declare the dog as dangerous per Ordinance 94.52. Coffman stated he is in the process of contacting the Cass County Sheriff to see what measures were taken by county law enforcement and animal control.

Chairman Flak discussed changing the wording of Ordinance 51.07 regarding Repairs/Maintenance, to wit: “The municipality shall repair or replace, as the case may be, all supply pipe between the commercial main and the stop box (and adding) to include the curb stop.” Motion by Coffman, seconded by Blessing to suspend the Reading Requirement (3) to amend ordinance (30.25); ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried. Motion by Blessing, seconded by Coffman to amend the wording of Ordinance 51.07 adding: “to include the curb stop”; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Chairman Flak discussed the abandoned property at 106 N Park Avenue advising that the Village has contracted with a real estate attorney, papers have been filed and an offer has been made to the property owner to purchase the property pursuant to the eminent domain clause to utilize the property for municipal purposes. An attendee of the meeting expressed an interest in purchasing the property.

George Blessing Jr. addressed the board regarding the success of the Murray Freedom Festival on the 4th of July, and he thanked the board and members of the community for volunteering and making donations. He advised there were 33 entries in the parade, 19 eight-man teams for the oozeball tournament, 35 entries in the car show, and 33 minutes of fireworks to close the festival.

Motion by Coffman, seconded by Blessing to adjourn the meeting at 8:05 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

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Stanley D. Flak, Chairman
Shelli S. Hayes, Village Clerk

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VILLAGE OF MURRAY, NEBRASKA
June 11, 2019

The Murray, Nebraska Board of Trustees met in regular session on Tuesday, June 11, 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 May 14, 2019 regular meeting, Motion by Coffman, seconded by Blessing to approve the minutes of the May meeting; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Treasurers Report. Motion by Blessing, seconded by Sallach to acknowledge receipt of the Treasurer’s report; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Claims approval. Motion by Blessing, seconded by Anderson to approve the claims as revised; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Alan Miller, Emergency Management Representative, presented the Cass County Local Emergency Operations Plan. Motion by Blessing, seconded by Anderson to adopt by resolution the Cass County Local Emergency Operations Plan; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Maintenance Report.

Nuisance update.

George Blessing Jr. reported on the progress of the Murray Freedom Festival’s efforts for the 4th of July activities in Murray. He stated there has been increased interest in fundraising and event planning, and everyone is welcomed to donate, volunteer, assist and attend the event on July 4th.

Motion by Anderson, seconded by Sallach to approve filed claims of municipal lien for delinquent utility charges for 1) 105 N Park, $66.39; 2) 409 E Campbell, $373.38; 3) 400 W Mary Jane Lane, $368.20; 4) 104 W Main, $422.61; 5) 109 N Latta, $648.57; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Coffman, seconded by Blessing to write off old, uncollectable, delinquent utility charges totaling $1,535.04; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Blessing, seconded by Coffman to open a zoning Special Use Permit Hearing for Larry Blackwell; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried. Several concerned citizen spoke in opposition to the proposed Special Use Permit, and Mr. and Mrs. Blackwell spoke in support. Motion by Blessing, seconded by Coffman to close the Special Use Permit Hearing; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried. Motion by Coffman, seconded by Anderson to deny the Special Use Permit; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Jay Conaway addressed the board with questions about his proposed plans to improve his property at 210 W Main and stated he would submit the necessary paperwork when he is ready.

Chairman Flak stated that Johnson Controls is planning to come back to re-camera the area of the sewer that was not clear in the first videos, but they are delayed due to work with the flooding in other areas.

Chairman Flak stated that the Conestoga Booster Club will be operating a fireworks stand on East Campbell in the old lumber yard storage building. Flak stated that last month, the board approved the operation pending finding a location and approval by the Fire Marshal.

Larry Stanton spoke regarding his concern about a road near his property, Barry Avenue. Jeremy Masid, adjoining property owner, also addressed the board about Barry Avenue. After much discussion, Chairman Flak advised the board needs more information to look into this matter further, and asked Mr. Stanton to provide copies of all his paperwork. Flak stated he would investigate options that may satisfy both parties.

Resident Erica Olson spoke recommending forming a zoning board or planning commission and volunteered to help organize and serve on the committee. Chairman Flak advised that if three people express interest in serving on a zoning board, they will be appointed at that time, so all three terms will run concurrently.

Chairman Flak advised this is the 3rd and final reading of the three required readings for the ordinance change regarding water bill collection policy (50.01); specifically bills were due on the 10th and we are changing it to the “end of the first working day after the 10th. Motion by Blessing, seconded by Coffman; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Anderson, seconded by Coffman to enter Executive Session at 8:20 PM to discuss personnel matters; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Blessing, seconded by Coffman to exit executive session at 9:30 PM; ayes: Coffman, Anderson, Blessing, Sallach, Flak; motion carried.

Motion by Coffman, seconded by Sallach to adjourn the meeting at 9:32 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

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