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Board of Trustees Special Meeting


December 20, 2018



The Village of Elmwood Board of Trustees met in Special Session on Thursday, December 20, 2018 at the Elmwood Village Hall. The meeting was called to order at 7:02 p.m.   Chairperson Bruns stated that a current copy of the Nebraska Open Meetings Act was posted; additional meeting documents were available. Roll Call was answered by Kathy Goerlitz, Becky Kicak, and Miki Bruns. A copy of the proof of publication, as well as the Chairperson and Trustees’ acknowledgement of receipt of notice, are on file.  Notice of the meeting was given in advance thereof by posting in three (3) public places.   Minutes were taken by Connie Carlton, Clerk/Treasurer.



New Business:  RESOLUTION NO. 12202018 w/attachments was introduced and read by Goerlitz, Bruns, and Kicak:  WHEREAS, the William Murphy, PE, of JEO Consulting Group, Inc., professional engineer, has presented a report setting forth alleged nuisance violations on the following properties located in Elmwood, Cass County, Nebraska:  1. 120 N 4th Street, described as Lot 1, Dipaolo Subdivision, an administrative subdivision in Block 16, Elmwood, Cass County, NE, identified as Building 4 and Building 5 in the report.  2. 128 N 4th Street, described as the north 24 feet of Lot 5, Block 16, Original Town, Elmwood, Cass County, NE, identified as Building 6 in the report.     3. 132 N 4th Street, described as the South 32 feet except the North 4 feet of the West 87 feet of Lot 4, Block 16, Original Town, Elmwood, Cass County, Nebraska, identified as Building 7 in the report, and WHEREAS all properties are located within the corporate limits of the Village of Elmwood, and WHEREAS, the Board of Trustees recognizes the finding by the professional engineer that the buildings or structures and the premises of each property are unsafe or dangerous and a nuisance, in each instance, 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 the relevant pages pertaining to the identified structures herein of said report are attached hereto, and WHEREAS, a review by the Board of Trustees of the Village of Elmwood was made at a Special Meeting held on the 20th day of December 2018, and WHEREAS, the Board of Trustees, after review of the report and the accompanying photographs and evidence desires to notify the owners of the declaration of nuisance for each specific property and the conditions found therein as Nuisances pursuant to the Municipal Code Sections 3-501 et seq and Section 3-403.  NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF ELMWOOD that the findings herein above made are incorporated herein and that the Board of Trustees declares that nuisances exist upon the properties so identified, which are within 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 thirty (30) days after service of Notice upon each owner, agent or occupant.  The nuisances to be abated and removed which are shown in the report, and photographs, and specifically violate the following Village of Elmwood Municipal Code Sections 3-403 and 3-501.  BE IT FURTHER RESOLVED, that the Village Clerk shall serve notice upon the owners, occupants, mortgagees, agents or other persons having an interest in the building as identified by a title search; that the Village Clerk shall prepare and serve notice





Page 2 – Dec 20, 2018 minutes cont



which shall describe the found nuisances set forth in the engineer’s report, that each owner must vacate buildings 5, 6, and 7 due to their condition, 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.  Notice shall be given as provided in the Municipal Code; and BE IT FURTHER RESOLVED, that the Village Clerk or other Village employee shall place a sign on buildings 5, 6, and 7, found to be unsafe or dangerous, on the exterior near the main entrance which shall set forth that the building or structure is unsafe or dangerous for occupancy and use, and BE IT FURTHER RESOLVED that the Village Clerk shall file a copy of this resolution in the office of the Register of Deeds of Cass County to be recorded, and BE IT FINALLY RESOLVED, that the Village shall proceed as determined under the administrative procedure of Chapter 3 of the Village of Elmwood Municipal Code.  INTRODUCED AND PASSED THIS 20TH DAY OF DECEMBER, 2018.  Motion by Kicak to adopt Resolution No. 12202018 w/attachments to Declare Nuisance Properties with addresses of 120 N 4th Street, 128 N 4th Street, and 132 N 4th Street; second by Goerlitz. RCV: Yes: Kicak, Goerlitz, Bruns; No: None. Motion adopted 3-0.



Adjournment/Reconvene:  The meeting was adjourned at 7:08 p.m. and then reconvened at 7:12 p.m.  Mr Michael Jensen, Cass County Zoning Administrator, joined the meeting to discuss letters that would be forthcoming from his office agreeing with the JEO Consulting Group, Inc. engineering report.



Adjournment:  There being no further business, the meeting was adjourned at 7:22 p.m. I, the undersigned Clerk/Treasurer hereby certify the foregoing is a summary of all matters discussed at the December 20, 2018 meeting of the Board of Trustees, and was available to the public within ten working days. All proceedings were contained in the agenda for at least twenty-four hours prior to said meeting.




_________________________________                __________________________________


Connie Carlton, Clerk            /Treasurer                              Miki Bruns, Chairperson


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