MINUTES

REGULAR MEETING

June 13, 2023

 

Mayor Grove called the meeting to order at 7:05 p.m. Present were Mayor Grove; council members, TenEyck, Batcher and Ueckert. Absent: council member Lewis. Also present: City Attorney Jeff Farnham, and City Clerk Cheryl K. Eckerman.

Council member TenEyck moved to approve the agenda. Batcher seconded. Motion carried.

Council member Ueckert moved to approve the consent agenda. TenEyck seconded. Motion carried. Items on the consent agenda were to accept May 9, 2023 City Council minutes; May Treasurer’s Report; May payroll $92609.68, IRA $2698.22, May Keno Receipts $7625.79, May PeopleService Report, May Library Statistics March 9 Library Board minutes, May 11 Cemetery Board minutes, the resignation of Susan Johnson from the Tree Board and payment of the following invoices:

 

ACCUFUND                    SER            3,000.00

AFLAC                           SER             712.38

Amazon Business           SUP            1,630.31

AMERICAN LEGAL

PUBLISHING                  SER            2,838.00

Aqua-Chem                   SER            2,183.47

ARCHISTRUCTURE         SER            1,000.00

ARPS                            SER            1,279.00

Baker & Taylor               SER             287.59

Bauer Built                     SER             434.07

Black Hills Energy           SER             430.76

BOHLMANN, MARK         RMB            500.00

BUCKLAND HOMES LLC  RMB            1,000.00

CAPPEL AUTO SUPPLY    SUP            339.83

CARROLL CARPENTRY    SUP            1,000.00

CenturyLink                   SER             60.75

CHARLES THOMAS

HOMES                         RMB            1,000.00

Core & Main                  9,252.00

COX BUSINESS              SER             355.52

CURT HOFER &

ASSOCIATES                  RMB            1,000.00

Datashield Corporation    SER             90.00

Deemer, James R           RMB            465.05

Diamond Vogel              SUP            648.35

DICKS VALLEY MARKET  SUP            203.16

Douglas County

Environmental                SER            2,990.00

Eagle Engineering

Group LLC                     SER            6,643.64

Eakes Office Solutions    SUP            1,017.57

ELAN CITY                     SER 17,858.00

Electronic Engineering    SER             507.45

Everett’s Auto Repair      SUP            183.83

Evoqua Water

Technologies LLC           SUP 17,420.00

Farnham & Griffin,

P.C., L.L.O.                    SER            5,454.50

FIRST NEBRASKA BANK  BON            3,659.90

First Nebraska Bank

(Brainard)                      BON            5,962.50

First State Bank

Nebraska                       BON            5,962.50

Five Nines Technology

Group INC                     SER            3,720.50

Fremont Department

of Utilities                      SER 39,402.75

Fremont Winnelson         SER             44.00

HILL, ADAM                   RMB            150.00

Host Coffee Service        SUP            172.67

IBTS                             SER             150.00

IDEAL DESIGNS

REMODELING &

CONSTRUCTION LLC      RMB            1,000.00

JANOVSKY, SHARON       RMB            79.03

JD’S CAR WASH &

DETAILING LLC              SER             138.55

JOHN DEERE FINANCIAL SUP            2,996.96

Jones Automotive           SUP            765.98

LAYNE CHRISTENSEN

COMPANY                      SER 210,602.07

LARM                            SER 39388.18

Lien Termite &

Pest Control                   SER             92.00

Lincoln National Life

Insurance Company        SER             811.76

LINDAHL, ALYSSA          RMB            150.00

LOVE’S TRAVEL STOPS

& COUNTRY STORE        SUP            3,846.73

MARVCO ENTERPRISES,

INC.                              SER             692.20

MBR ENTERPRISES         RMB            500.00

MENARDS - ELKHORN    SUP            397.98

Menards- Fremont          SUP            611.44

Michael Matzen              SER             823.90

Michael Todd

Industrial Supply            SUP            763.00

Midwest Tape LLC          SUP            257.359

MIKE GREFE

EXCAVATING                 SER 15,107.80

Nebraska Department of

Environment & Energy    SER 19,367.33

Nebraska Rural

Water Association           RMB            450.00

NESTANDER, DOREEN    RMB            150.00

NEUVIRTH

CONSTRUCTION INC.     SER 72,974.52

Newport Homes             RMB            1,000.00

Olmsted & Perry

Consulting

Engineers Inc.                SER 27,298.65

OMNI ENGINEERING      SER             175.00

OPPD                            SER 14,880.60

PEOPLESERVICE INC      SER 32,197.00

Petty Cash                     SUP             76.34

POHLAD CUSTOM

HOMES INC                   RMB            1,000.00

POWERTECH                 SER             661.05

PRAIRIE HOMES            RMB            1,000.00

QUASAR DRIVE-IN

THEATER                       RMB            250.00

SUNDE, VINCE               RMB            180.00

TAKE 5 PROGRAM,

LINCOLN YOGA CENTER SER             114.48

TECHSOUP                    SER             252.00

The Daily Record            SER             326.08

United States Postal

Service Postmaster         SUP             80.00

Waste Connections of

Nebraska Inc                 SER             531.68

WATERLOO

MULCH & SOIL               SUP            336.00

WILSON, MEGAN            RMB            150.00

Window Pro                   SER             20.00

Workplace Screening

Intelligence LLC              SER             64.00

YMCA OF

GREATER OMAHA          SER            2,750.00

YOUNG, SLADE              RMB            150.00

Verizon                          SER             455.53

Bluewater                      SER 221,467.91

Mallard                          SER 144,608.82

Child Support                 SER             429.23

Douglas County

Treasurer                      SER 31,974.78

USPP                             SER             797.33

TD Ameritrade               SER            3,367.25

Douglas County

Register of Deeds           SER             76.00

Verizon                          SER             422.70

 

*Bond - BON

*Reimbursements - RMB

*Services - SER

*Supplies - SUP

 

Lindsay Toussant Brown, 16304 Saratoga St., Omaha, NE., gave an update on the Triathlon event to be held on July 23, 2023.

Patty O’Connor, 83 Peppermill Point, Valley, NE, reviewed a request to close the street at the Ginger Cove entrance on July 3, 2023, from 10 a.m. until midnight.

Council member Ueckert moved to approve the Ginger Cove Street closure request as presented. Batcher seconded. Motion carried.

Mayor Grove summarized the request to close 281st Avenue from N. 279th to N. 280th Street from 10 to 11 a.m. on July 1, 2023, for a children’s parade and N. 80th Street and N. 281st Avenue to Heron Circle from 8:30 to 11:00 p.m. for fireworks. The request also included for the city to provide barricades necessary for the event.

Council member Batcher moved to approve the Valley Shores Street closure and request to provide barricades as presented. Ueckert seconded. Motion carried.

Christine Johnson, 26833 Taylor Circle, Valley, NE, representing Mallard Landing HOA, reviewed a request to close Taylor Circle to 267th Circle on July 3, 2023, for a children’s parade from 9 to 10 a.m. on July 3, 2023. (This item was added to the agenda according to the emergency provision in 84-1411).

Council member Batcher moved to approve the Mallard Landing Street closure request as presented. TenEyck seconded. Motion carried.

Council member TenEyck introduced, read, and moved for approval of Resolution No. 2023-23 authorizing Mayor Grove to execute the Ground Lease Agreement with the Papio-Missouri River Natural Resources District (NRD) on behalf of the City of Valley. Batcher seconded. A true, correct, and complete copy of said resolution is on file at city hall.

Council member Batcher introduced, read, and moved for passage of Resolution No. 2023-24 authorizing Mayor Grove to execute the Laserfiche Cloud License and Software Quote with Bishop Business on behalf of the City of Valley. TenEyck seconded. A true correct and complete copy of said resolution is on file at city hall.

Council member Ueckert introduced, read, and moved for passage of Resolution No. 2023-25 to authorize and direct Mayor Grove to execute documents and take action as necessary and appropriate to effectuate the City of Valley’s membership in LIGHT on behalf of the City of Valley. Batcher seconded. Motion carried. A true correct and complete copy of said resolution is on file at city hall.

Council member Batcher introduced Ordinance No. 791 AN ORDINANCE VACATING A PORTION OF THE EXISTING RIGHT OF WAY OF COTTONWOOD DRIVE LOCATED IN THE NORTHWEST QUARTER (NW ¼) IN SECTION 06, TOWNSHIP 14 NORTH, RANGE 10 EAST OF THE 6TH P.M., CITY OF VALLEY, DOUGLAS COUNTY, NEBRASKA; AND RESERVING TO THE CITY OF VALLEY, ANY PUBLIC UTILITIES AND ANY CABLE TELEVISION SYSTEMS ANY AND ALL EXISTING EASEMENTS AND EXISTING RIGHTS AS PROVIDED BY NEBRASKA REVISED STATUTE 17-558(5)(A) AND (B); PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE, PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. TenEyck seconded. A true, correct, and complete copy of said ordinance is on file at city hall.

Council member Batcher introduced Ordinance No. 792 AN ORDINANCE ADDING A NEW SECTION 3-327 OF THE VALLEY MUNICIPAL CODE TO PROVIDE A PENAL PROVISION FOR CERTAIN PARKING VIOLATIONS; ADOPTING A SCHEDULE OF FINES FOR CERTAIN PARKING VIOLATIONS; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. Ueckert seconded. A true, correct, and complete copy of said ordinance is on file at city hall.

Mike Adair, 207 E. Condron St., Valley, NE., representing PeopleService, gave an update on hydrant flushing, water plant projects and summer water usage and outdoor watering restrictions.

Greg Perry, representing Jim Olmsted, special engineer on Water Projects, reported on the status of the five projects related to the Water Treatment Plant Expansion.

Council member Ueckert introduced, read, and moved for passage of Resolution No. 2023-26 authorizing the payment of $210,602.07 to Layne Christensen Company. Batcher seconded. A true correct and complete copy of said resolution is on file at city hall.

Council member Batcher moved to approve Change Order No. 1 to Neuvirth Construction in the amount of $46,772.00 (increase). Ueckert seconded. Motion carried.

Council member TenEyck introduced, read, and moved for passage of Resolution No. 2023-27 authorizing the payment of $72,974.52 to Neuvirth Construction. Ueckert seconded. A true correct and complete copy of said resolution is on file at city hall.

Council member Batcher moved to approve Change Order No. 1 to Neuvirth Construction in the amount of $14,895.57 (increase). TenEyck seconded. Motion carried.

The city engineer gave updates on the following: Ginger Cove Lift Station No. 3 Upgrades, Valhaven Southwest No. 2 and Ginger Woods No. 2 Lift Station Improvements, 288th Street and State Street – start mid-July, Pines Subdivision Concrete Street Repair and Lakewood and Waring Concrete Street Repair- start after July 4, Asphalt Pavement Rejuvenation Project – start fall, EAA Development and Valley Landing Development.

The city attorney reviewed ongoing projects and developments.

The Mayor reported on the upcoming Town Hall meeting to review the results of the Community Needs Assessment Survey to be held on June 21, 2023, at 7 p.m. at the YMCA, Council availability for upcoming Budget season , new phone system, onsite audit, and utility software issues.

Valley Days Planning Meeting June 20, 2023, at 6:00 p.m. and Planning Commission meeting at 4:30 p.m. and Town Hall meeting to review results from the Community Assessment Survey June 21, 2023, at 7:00 p.m. at the Twin Rivers YMCA.

The meeting adjourned at 7:50 p.m.

 

Cheryl K. Eckerman

City Clerk

 

6/23            ZNEZ

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COMMUNITY DEVELOPMENT AUTHORITY

June 13, 2023

 

Chairman Cindy Grove called the meeting to order at 7:00 p.m. Present were chair Cindy Grove, agency members, John Batcher, Chris TenEyck and Bryon Ueckert, and secretary Cheryl Eckerman. Agency member Linda Lewis was absent.

The chairman announced a copy of the open meetings act is located on the north wall of the Council Chamber. Notice of meeting was posted ten days in advance of the meeting at Valley City Hall, Valley Public Library and Valley Post Office.

The purpose of the meeting is consideration and action to approve amendment No. 8 to Bluewater Redevelopment contract.

Agency member Batcher introduced, read and moved for approval of Resolution NO. CDA 2023-01 WHEREAS, Agency and Redeveloper entered into a Redevelopment Contract, dated as of the 18th day of March, 2014 (the “Contract”);

 

WHEREAS, the Contract intended to implement the redevelopment plan entitled “REDEVELOPERS REDEVELOPMENT PLAN FOR THE BLUEWATER DEVELOPMENT LOCATED IN THE SOUTHWEST QUADRANT OF STATE HIGHWAY 64 (IDA STREET) AND 288TH STREET IN THE CITY OF VALLEY, NEBRASKA”, (the “Redevelopment Plan”) to provide for the redevelopment of lots and lands located in a blighted and substandard area of the City of Valley, Nebraska (the “City”);

 

WHEREAS, in order to assist in the financing of the Redevelopment Project described in the Redevelopment Plan, the Contract provides for periodic amendments thereto; and

 

WHEREAS, pursuant to Section 3.01 of the Contract the parties desire to amend the Contract on the terms set forth herein and this Amendment shall constitute a “Redevelopment Contract Amendment” as defined in the Contract.

 

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein set forth, Agency and Redeveloper do hereby agree to amend the Contract as follows:

 

1. Definitions. All capitalized terms used in this Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Contract.

 

2. Amendment – New Phase. This Amendment incorporates a new Phase to the Project entitled [Phase No.8].

 

(a) Lots. This new Phase shall include all of Lots in the Redevelopment Project Area for which a building permit has been issued by the City during the calendar year prior to the Effective Date described in Section 2 (b) hereof, which lots are described as follows:

 

See Exhibit “A” to attached Notice to Divide Taxes.

 

(b) Effective Date. The effective date of the Amendment shall be January 1, 2023. [The effective date shall be the January 1st of the year following the issuance of a building permit for a residence to be constructed on a Lot described in Section 2 (a) hereof.]

 

(c) Division Date. The Division Date (the “Division Date”) shall mean the effective date for purposes of dividing taxes pursuant to Section 18-2147 of the Nebraska Community Development Law. The Division Date for the applicable Phase shall be January 1, 2023; and a proposed form of the “Notice to Divide Tax for Community Redevelopment Project” applicable to such Phase is attached hereto as Exhibit A and incorporated herein by this reference. [The Division Date shall be the January 1st of the year following the issuance of a building permit for a residence to be constructed on a Lot described in Section 2 (a) hereof.] For purposes of the Notice to Divide Tax for Community Redevelopment Project, the calendar year in which the division of real property tax becomes effective shall be the year of the Division Date.

 

(d) Base Value Year. The base value year for such Phase shall be 2022. [The Base Value Year, shall mean the calendar year prior to the Division Date described in Section 2 (c) hereof.] For purposes of the Notice to Divide Tax for Community Redevelopment Project, the Base value Year shall be the year defined in this Section 2 (d).

 

3. Requirement to File Notice to Divide Tax for Community Redevelopment Project. The Agency shall execute and file with the Douglas County Assessor and Treasurer a signed original of Exhibit A, attached hereto, being the Notice to Divide Tax for Community Redevelopment Project, prior to August 1, 2023. [This date shall be the August 1 following the Division Date described in Section 2 (c) hereof.]

 

4. Miscellaneous Provisions.

 

(a) Effectiveness. This Amendment shall become effective when and only when counterparts of this Amendment have been duly executed by both Agency and Redeveloper.

 

(b) Ratification of Contract. Except as amended by this Amendment, the Contract shall remain in full force and effect and is hereby ratified and confirmed in all respects. Each party acknowledges and agrees to all terms of the Contract, as the same are amended by this Amendment, and makes and restates each representation and warranty set forth therein as if made on the date of this Amendment.

 

Agency member Ueckert seconded the motion. Batcher, Ueckert and TenEyck voted YES. NO: no one. ABSENT: Lewis. Motion carried. A true, correct and complete copy of said resolution is on file at city hall.

Chairman Grove signed the resolution and the secretary attested her signature.

The meeting was adjourned at 7:04 p.m.

 

Cheryl K. Eckerman

Secretary

 

6/23            ZNEZ

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