Nebraska Municipal Review, January 2025

NEBRASKA MUNICIPAL REVIEW

Legislative session begins Recap of the Utilities & Public Works Section Annual Conference

Official Publication of the League of Nebraska Municipalities

Milford celebrates growth

JANUARY 2025

NEBRASKA MUNICIPAL REVIEW

What's inside?

Issue No. 1,197 The NEBRASKA MUNICIPAL REVIEW (ISSN 0028–1906) is published monthly and the official publication of the League of Nebraska Municipalities, an association of the cities and villages of Nebraska, published at 1335 L St., Lincoln, Nebraska 68508. Subscription rates are $5 per single copy — $50 plus tax for 12 issues.

Periodicals postage paid at Lincoln, Nebraska. Views of contributors, solicited or unsolicited, are their own and not to be construed as having the endorsement of the League unless specifically and explicitly stated by the publisher.

The NEBRASKA MUNICIPAL REVIEW is a nonprofit publication administered and supervised by the League of Nebraska Municipalities. All revenue derived from the publication is used by the association to defray publication costs.

League of NE Municipalities staff 402-476-2829 • www.lonm.org L. Lynn Rex, Executive Director Christy Abraham, Legal Counsel Lash Chaffin, Utilities Section Director Cherie DeFreece, Admin Assistant/ Membership Services Assistant Brenda Henning, Membership Services Assistant Ethan Nguyen, LNM/LARM Information Technology Manager Shirley Riley, Membership Services Director Jackson Sash, Utilities Field Representative/Training Coordinator Ashley Wolfe, Marketing/Communications Director

LARM staff

Dave Bos, Executive Director Tracy Juranek, Asst. Executive Director, Customer Service Specialist Diane Becker, Communications/Marketing Director Kyla Brockevelt, Executive Administrative Assistant Drew Cook, Customer Service Specialist John Hobbs, Loss Control Specialist James Kelley, Loss Control Specialist Fred Wiebelhaus, Loss Control/Claims Manager

POSTMASTER: SEND ADDRESS CHANGES TO NEBRASKA MUNICIPAL REVIEW, 206 S. 13TH ST., STE 800, LINCOLN, NEBRASKA 68508.

Have an idea, project or opinion to share? The League welcomes member articles, information, and op-eds.

Want to reach local decision makers? The League can help you get your message out to Nebraska’s 3,500+ municipal officials.To learn more, contact Ashley Wolfe at 402-476-2829 or ashleyw@lonm.org.

2024-2025 Executive Board

President President-Elect Vice President Past President

Marlin Seeman, Mayor, Aurora Bryan Bequette, Mayor, Nebraska City Joey Spellerberg, Mayor, Fremont Deb VanMatre, Former Mayor, Gibbon

Directors

Jean Stothert Mayor, Omaha Leirion Gaylor Baird Mayor, Lincoln Sharon Powell Village Board President, Utica Jim Bulkley .

Mayor, Columbus David Black Mayor, Papillion Larry Evans Mayor, Minden Rod Petersen Mayor, Louisville David Scott City Manager, Sidney Janine K. Schmidt.

CMC/Treasurer, Morrill Layne Groseth City Administrator/Utilities Manager, North Platte

Affiliated Sections

City Managers.

Clerks Munic. Accounting & Finance Fire Chiefs Utilities

Eric Melcher, Aurora Kellie Crowell, Ravenna Brandi Kloepping, Cozad Dennis Thompson, North Platte Pat Heath, Gering

Opening Opening Day Day Features 11

8

New senators and 2025 Standing Committee Chairs

12

2025 Legislative Calendar

13

AARP Community Challenge: Make a difference in your municipality, apply today!

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2025 Utilities and Public Works Section Annual Conference

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17

USDA Rural Development: Expansion of water services assists new users USDA Rural Development: Nebraska municipalities awarded funding for water and wastewater disposal

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Center for Rural Affairs: Thriving Communities Grantmaking Program now open for Region 7

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NDED: Milford creates an “environment of growth” to earn Leadership Certified Community recertification

26

Nebraska expressway system won’t be done until 2042, official says

Columns 4 6 18

The Director's Message - L. Lynn Rex, LNM Executive Director - LB 115: League-supported bill to increase the refundable income tax credit for active volunteer firefighters [...]

Commentary - Josh Moenning, Former Mayor of Norfolk and League Executive Board Member - Nebraska’s cities are engines for its growth LARM - Talk about the weather

Legal Corner by Jeremiah J. Perkins, Cline Williams Wright Johnson 28 The & Oldfather, L.L.P. - Micro-TIF: The expedited review and approval of Tax Increment Financing projects

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Ask LNM - Topic: Public Meeting Minutes - Creating Transparency in Your Community

In each issue 3

Municipal Legal Calendar

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Professional Directory

On the cover Photo of the Abraham Lincoln statue outside the Nebraska State Capitol on the first day of 2025 session. Photo by Josh Wolfe.

Larger Cities Legislative Committee

Municipal Legal Calendar

Chaired by Mayor Don Groesser of Ralston John McGhehey, Mayor, Alliance Seth Sorensen, City Manager, Alliance Tobias Tempelmeyer, City Administrator, Beatrice Rusty Hike, Mayor, Bellevue Jim Ristow, City Administrator, Bellevue Mindy Rump, Mayor, Blair Phil Green, City Administrator, Blair Tom Menke, City Manager, Chadron Jim Bulkley, Mayor, Columbus Tara Vasicek, City Administrator, Columbus Dave Bauer, Mayor Crete Tom Ourada, City Administrator, Crete Joey Spellerberg, Mayor, Fremont Jody Sanders, City Administrator, Fremont Kent Ewing, Mayor, Gering Pat Heath, City Administrator, Gering Laura McAloon, City Administrator, Grand Island Mike Evans, Mayor, Gretna Paula Dennison, City Administrator, Gretna Hastings James Liffrig, Mayor, Holdrege Chris Rector, City Administrator, Holdrege Brenda Jensen, City Manager, Kearney Brad DeMers, Asst. City Manager, Kearney Doug Kindig, Mayor, La Vista John Fagot, Mayor, Lexington Joe Pepplitsch, City Manager, Lexington Margaret Blatchford, Assistant City Attorney, Lincoln Riley Slezak, Senior Advisor to the Mayor, Lincoln Linda Taylor, Mayor, McCook Nate Schneider, City Manager, McCook Bryan Bequette, Mayor, Nebraska City Perry Mader, City Administrator, Nebraska City Andrew Colvin, City Administrator, Norfolk Dani Myers-Noelle, City Attorney, Norfolk Brandon Kelliher, Mayor, North Platte Layne Groseth, City Admin./Utilities Manager, North Platte Steve Krajewski, Mayor, Ogallala Kevin Wilkins, City Manager, Ogallala Thomas Warren, Chief of Staff, Omaha David Black, Mayor, Papillion Amber Powers, City Administrator, Papillion R. Paul Lambert, Mayor, Plattsmouth Emily Bausch, City Administrator, Plattsmouth Don Groesser, Mayor, Ralston Brian Kavanaugh, Council Member, Ralston Art Lindberg, Mayor, Schuyler Jeanne McKerrigan, Mayor, Scottsbluff Kevin Spencer, City Manager/Police Chief, Scottsbluff Joshua Eickmeier, Mayor, Seward Greg Butcher, City Administrator, Seward Brad Sherman, Mayor, Sidney David Scott, City Manager, Sidney Lance Hedquist, City Administrator, South Sioux City Cale Giese, Mayor, Wayne Jill Brodersen, Council President, Wayne Wes Blecke, City Administrator, Wayne Barry Redfern, Mayor,York Dr. Sue Crawford, City Administrator,York

Smaller Cities Legislative Committee

Chaired by Tom Goulette, City Administrator of West Point

Jessica Quady, City Administrator, Ashland Marlin Seeman, Mayor, Aurora Eric Melcher, City Administrator, Aurora Chris Anderson, City Administrator, Central City Andrew Lee, Admin/Clerk/Treasurer, Curtis Alan Michl, Chairperson, Exeter Becky Erdkamp, Clerk/Treasurer, Exeter Kyle Svec, City Administrator, Geneva Matt Smallcomb, City Administrator, Gibbon Gary Greer, City Administrator, Gothenburg Jana Tietjen, Clerk, Hebron Barb Straub, Admin/Clerk/Treasurer, Hemingford Kelly Oelke, City Administrator, Hickman Janine K. Schmidt, CMC/Treasurer, Morrill Sandra Schendt, Clerk/Treasurer, Nelson David Russell, Director of Gov. Affairs, NMPP Energy Mandy Hansen, Government Affairs Liason, NMPP Energy Sandy Kruml, Clerk/Treasurer, Ord Mike Feeken, Mayor, St. Paul Sandra Foote, Council Member, Superior Jeff Hofaker, City Administrator, Sutton Jessica Meyer, City Administrator, Syracuse Sharon Powell, Village Board President, Utica Kyle Arganbright, Mayor,Valentine Melissa Harrell, City Administrator, Wahoo Desiree Soloman, City Attorney, Waterloo Stephanie Fisher, City Administrator, Waverly Tom Goulette, City Admin./Utility Superintendent, West Point Randy Woldt, Utilities Superintendent, Wisner Robert Costa, Community Engagement Coordinator,Yutan

(All statute citations to Revised Statutes of Nebraska)

MARCH 2025 • • • • • • • • • • • • • • • •

CITIES OF THE FIRST CLASS Within 10 working days following meeting or before next meeting (whichever is sooner) Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage Clerk publishes ordinances passed. (16-405) Within 30 days following Council meeting Clerk publishes official proceedings of meetings, including claims. (191102) Within 20 days after end of month Treasurer files monthly financial report. (16-318) Each Quarter - Report from Depository banks due. (16-714) * *.Clerk must prepare agenda prior to next Council meeting. (84-1411) CITIES OF THE SECOND CLASS Within 10 working days following meeting or before next meeting (whichever is sooner) Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage Clerk publishes or posts ordinances passed. (17-613) Within 30 days following Council meeting Clerk publishes official proceedings of meeting including claims. (191102) Within 20 days after end of month Treasurer files monthly financial report. (17-606) * * Clerk must prepare agenda prior to next Council meeting. (84-1411) VILLAGES Within 10 working days following meeting or before next meeting (whichever is sooner) Clerk to have minutes available for public inspection. (84-1413) Within 15 days of Passage Clerk publishes or posts ordinances passed. (17-613) Within 30 days following Board meeting Clerk publishes official proceedings of meeting, including claims. (191102) Within 20 days after end of month Treasurer files monthly financial report. (17-606) * * Clerk must prepare agenda prior to next Board meeting. (84-1411)

Director’s Message

LB 115: League-supported bill to increase the refundable income tax credit for active volunteer firefighters, emergency responders, and rescue squad members would help address EMS workforce shortages, especially in rural areas!

Please encourage your Senator(s) to support LB 115!

BY L. LYNN REX, EXECUTIVE DIRECTOR, LNM

T

hanks to Sen. Beau Ballard of Lincoln for practices to enhance the quality of patient outcomes, introducing LB 115 on behalf of the Nebraska including response times and transport protocols.

LB 115 would amend Section 77-3105 of the Professional Volunteer Firefighters Volunteer Emergency Responders Incentive Association (NPVFA). Sen. Ballard grew Act to increase the state refundable income tax up in Raymond, a village in Lancaster credit from $250 to $1,000 for volunteers who County; during his opening remarks, he have qualified as ACTIVE emergency responders, noted the important role of volunteer rescue squad members or firefighters for the firefighters, emergency responders and immediately preceding calendar year of service rescue squad members in protecting his no later than Feb. 15. LB 115 also would amend rural community and the surrounding Section 77-3105 to provide that the credit would area. Thanks to Sen. Carolyn Bosn and be available in the taxable year in which the Sen. Eliot Bostar, both of Lincoln, for volunteer qualifies for the credit, deleting a cosigning this important legislation to provision which currently provides the credit help address the shortage of volunteer beginning with the second taxable year in which firefighters, emergency responders, and Sen. Beau Ballard the volunteer qualifies. rescue squad members, especially in rural Dist. 21 Although LB 115 does not amend Section 77areas of our state.

3104, this statute provides, in part, as follows: “(1) Passage of LB 115 would play an essential role to focus on at least one of the issues relating to LR Each volunteer department serving a county, city, village, 428, an Interim Study of the Legislature’s Health and or rural or suburban fire protection district shall designate Human Services Committee to determine the current one member of the department to serve as the certification and future status of EMS “infrastructure, resources, and administrator. The designation of such individual as the capabilities across Nebraska, in both rural and urban certification administrator shall be confirmed and approved areas.” LR 428 outlined a wide range of issues, including, by the governing body of such county, city, village, or but not limited to: how to provide sustainable funding, rural or suburban fire protection district. The certification including grants for needed equipment and to assist administrator shall keep and maintain records on the with costs in providing training and certification; how activities of all volunteer members and award points for to eliminate barriers for emergency medical technicians such activities based upon the standard criteria for qualified (EMTs) and paramedics, including training requirements; active service.” how to address workforce challenges, including fewer Section 77-3103 provides, in part: “(1) The standard individuals able to volunteer; and researching best criteria for qualified active service shall be based on a total

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NEBRASKA MUNICIPAL REVIEW

Thanks to Sen. Beau Ballard of Lincoln for introducing LB 115 on behalf of the Nebraska Professional Volunteer Firefighters Association (NPVFA).

of one hundred possible points per year.” Points are awarded only as provided by the Volunteer Emergency Responders Incentive Act. In short, these volunteers commit a SIGNIFICANT amount of time away from their families and work to provide emergency services to individuals as well as protect property during fires, tornados, floods, etc.

The Revenue Committee held a hearing on LB 115 on Jan. 24. Following Sen. Ballard’s opening remarks, numerous representatives from volunteer fire departments testified in support of the bill: Kenny Kruse, retired Fire Chief of the Fairbury Rural Fire Department, on behalf of the Nebraska Volunteer Fire Service and the Nebraska Fire Chiefs Association; Darren Nelson, Captain of the Genoa Rescue Squad and Nance County Commissioner, on behalf of the Nebraska Ag Leaders (NE Farm Bureau, NE Cattlemen, NE Soy Beans Association, NE Corn Growers Association, NE Pork Producers Association, NE What Growers Association; NE Sorghum Producers Association, NE State Dairy Association; and Renewable Fuels Nebraska); Jeremy McHugh, a banker and volunteer firefighter in Murdock; Dan Mallory, Fire Chief of Bennington Suburban Fire District who also volunteers as the Fire Chief in Fort Calhoun; Tom Hamernik, on behalf of the Clarkson Volunteer Fire and Rescue Department and the NPVFA; Michael Dwyer, on behalf of the NPVFA and the Nebraska EMS Task Force; Marlene Bomar, on behalf of the Nebraska Emergency Medical Services Association; Andrew Foust, on behalf of the SMART Transportation Division, a railroad labor union; JANUARY 2025

John Bomar, on behalf of the Nebraska State Fire Chiefs Association, NPVFA, and Battle Creek Fire and Rescue; and Jerry Stilmock of Stilmock McIntosh Government Relations, LLC, on behalf of the NPVFA. The League also testified in strong support of LB 115, emphasizing that of the 528 cities and villages in Nebraska, only 17 of the 31 cities of the first class have full-time paid firefighters and many of these departments also rely on volunteer firefighters for assistance. LB 115 has a fiscal note estimating a decrease in the state’s General Fund revenue of about $2,008,000 in FY 26 up to $2,194,000 in FY 29.

With the state facing a projected shortfall of $432 million, it is understandable that Senators would be concerned about the fiscal note. Notwithstanding, the League’s testimony underscored the fact that $2 million or $3 million to fund LB 115 pales in comparison to the value of state-owned property across Nebraska receiving fire protection from paid and many volunteer departments, essentially without charge!

In numerous areas of our state with state colleges and other state-owned property, only volunteer fire departments are available to provide emergency medical services and protect property. The State of Nebraska essentially pays nothing to reimburse paid or volunteer departments providing these critically important services.

Brad Wells of the Central City Volunteer Fire Department testified in a neutral position asking the committee to review the structure of the point system to determine eligibility for the refundable income tax credit.

As of the date of this publication, the Revenue Committee has not advanced LB 115 to General File. Please encourage your Senator(s) to support this important bill!  5

Commentary

Nebraska’s cities are engines for its growth State policy should support & not discourage them

BY JOSH MOENNING, FORMER MAYOR OF NORFOLK AND LEAGUE EXECUTIVE BOARD MEMBER

N

ew Census estimates have Nebraska’s population topping two million for the first time. It’s a safe bet that recent population growth is primarily happening in our state’s major cities, which act as engines propelling new business activity and attracting new people.

State policies that acknowledge this reality and encourage cities’ growth would serve all Nebraskans well.

In Norfolk, our formula for growth was not complicated: an openness to new ideas and insistence on an exceptional quality of life unique to our history and natural resources.

We’ve added more than 1,100 new housing units and almost 1,800 people since 2019, making the city now the state’s 7th largest.

A vibrant downtown, including a newly redeveloped riverfront and whitewater park, and new investments from creative entrepreneurs have transformed what were once empty shells – an abandoned main street and neglected natural waterway — into new attractions for peoplegathering, entertainment, and commerce.

Cities with workable game plans for growth, rooted in high quality of life and new economic opportunities, help our entire state, in turn, to grow. That growth not only produces new jobs and new GDP (gross domestic product), it helps lessen the tax burden for everyone. How often, though, do state policy discussions feature cities as incubators of state growth and partners in the solutions to lowering tax burdens?

Hardly ever. Instead, you’re apt to hear cities lumped together with a consortium of other local governments held responsible for ever-increasing property taxes. While disproportionately high property taxes are certainly a policy problem needing to be addressed, it’s fair to ask how much cities are really contributing to the situation.

In Norfolk’s case, property taxes are a relatively small portion of city revenues. In 2023, they accounted for 17 percent. In 2024, the city’s levy was lowered by more than two cents, maintaining one of the lowest rates in the state. Of all the property tax a citizen pays, about 15 percent goes to the city.

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New business growth and new development have been much more important to our local economy and public services than reliance on property taxes. Sales tax receipts account for nearly half of all revenue. When business activity increases, elevated sales tax receipts help pay for better public services, and city government’s dependence on property tax lessens. In the meantime, new small business entrepreneurs, agribusiness, industry, tourism, and retail create jobs, attract new people and add to the state’s sales tax base.

Quality of life investments in Norfolk have been aided by this local pro-growth mentality and supported by impactful state and federal grant programs like the Civic and Community Center Financing Fund (CCCFF) and community development block grants (CDBG). More so than growth caps or curtailed local tax increment financing (TIF) incentives, state policies help cities build communities that people want to live in, feel proud of, and connected to comprise a lasting state economic development strategy.

They’re also effective long-term strategies for sustainable tax reduction, and state economic, and population growth.

Strengthening and expanding programs like CCCFF and CDBG can help. Being innovative about creating new incentives for growth can help, too.

Making state infrastructure bank funds accessible to cities that meet certain economic growth benchmarks, such as sales tax receipt growth percentages, is one idea. TIF utilization today is as prevalent as it is because there are few other incentives for building new infrastructure associated with redevelopment or new construction projects.

Nebraska is one of the best places to live in the greatest country in the world. More and more people are starting to realize it, but maybe not fast enough.

Creative state policymaking that recognizes cities as partners in growing the good life would serve us all well. The formula is there. Let’s work together to expand it.  Editor’s Note: This column was originally published by the Nebraska Examiner. To read more from the Examiner visit www.nebraskaexaminer.com.

NEBRASKA MUNICIPAL REVIEW

MUSEUM ON MAIN STREET:

Bring a national exhibit to your municipality

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re you interested in bringing a national exhibit to your municipality?

Humanities Nebraska is seeking museums, libraries, and community centers to host the next Museum on Main Street (MoMS) exhibition, “SPARK! Places of Innovation” during its Nebraska tour from June 2026 through March 2027.

According to a release from Humanities Nebraska, the exhibition is designed for small museums by the Smithsonian Institution Traveling Exhibition Services (SITES) and uses art, photography, artifacts, and interactives to explore the combination of places, people, and circumstances that sparks innovation and invention in rural communities.

JANUARY 2025

SPARK! offers small municipalities a way to secure diverse local programming in the humanities, sciences and arts. Sites will be selected to host the exhibit for six weeks between June 2026 and March 2027, with support and materials from Humanities Nebraska and the MoMS program. The selected location will be asked to help promote the exhibit, in addition to developing a local exhibit to run alongside it and offer educational programming related to the given theme.

The application and more information about the process and program can be found on the Humanities Nebraska website or by contacting Mary Yager at 402-474-2131 or mary@ humanitiesnebraska.org. Applications are due Feb. 15, 2025. 

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Speaker John Arch and Sen. John Cavanaugh

Sen. Dan Quick, granddaughter, and friend

THE 109TH SES PHOTOS BY JOSH WOLFE Sen. Stan Clouse

Sen. Rita Sanders

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T

he 109th session of the Nebraska Legislature convened on Jan. 8 for a 90-day session. Twenty-five Senators were sworn into office, comprised of six reelected members and 19 fresh faces.

Senator John Arch (LaVista) was re-elected to serve as speaker of the Legislature, after serving the past two sessions. Chairs and vice chairs of the 14 standing committees also were appointed. The appointed chairs can be found on page 11.

During this upcoming session, the Senators are tasked with creating a two-year state budget while facing a projected $33 million revenue shortfall by the end of the biennium. Tax policy and education funding reform also is expected to be a focus for the group.

The 2025 session is tentatively scheduled to end on June 9. 

NEBRASKA MUNICIPAL REVIEW

Sen. Brian Hardin, Chief Justice Jeffrey Funke & Sen. Rick Holdcroft

Sen. Paul Strommen & Sen. Mike Jacobson

SSION BEGINS Sen. Tanya Storer and sister

Sen. Dave Wordekemper and newest granddaughter

JANUARY 2025

Sen. Robert Hallstrom, sister and her son

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MORE PHOTOS Sen. Barry DeKay

Sen. Jason Prokop

Sen. Tony Sorrentino & granddaughter

Sen. Victor Rountree

Sen. Stan Clouse, wife and grandson

Sen. Machaela Cavanaugh

Sen. Terrell McKinney Sen. Dan Lonowski

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Sen. Carolyn Bosn & family

NEBRASKA MUNICIPAL REVIEW

New faces in 2025

Sen. Robert Hallstrom Sen. Victor Rountree Sen. Margo Juarez Dist. 3 Dist. 5 Dist. 1

Sen. Jared Storm Dist. 23

Sen. Jason Prokop Dist. 27

Sen. Dan Lonowski Dist. 33

Sen. Dunixi Guereca Dist. 7

Sen. Dan Quick Dist. 35

Sen. Ashlei Spivey Dist. 13

Sen. Dave Wordkemper Sen. Glen Meyer Dist. 15 Dist. 17

Sen. Stanley Clouse Sen. Tony Sorrentino Sen. Daniel McKeon Dist. 37 Dist. 41 Dist. 39

Stay in the know ...

To keep up with the happenings in the Nebraska Legislature - check out Legislative Bulletin.

The Bulletin comes out weekly and highlights League work and pertinent municipal news.

Sen. Tanya Storer Dist. 43

Sen. Paul Strommen Dist. 47

Sen. Bob Andersen Dist. 49

2025 Standing Commitee Chairs

Sen. Barry DeKay Sen. Robert Clements Sen. Mike Jacobson Sen. Kathleen Kauth Sen. Dave Murman Dist. 2 Dist. 42 Dist. 31 Dist. 38 Dist. 40 Agriculture

Appropriations

Banking, Commerce & Insurance

Business & Labor

Sen. Mike Holdcroft Dist. 36

Education

Sen. Brian Hardin Dist. 48

Sen. Carolyn Bosn Dist. 25

Sen. Tom Brandt Dist. 32

Sen. Beau Ballard Dist. 21

Sen. Brad von Gillern Dist. 4

Sen. Mike Moser Sen.Terrell McKinney Dist. 22 Dist. 11

Health & Human Services

JANUARY 2025

Judiciary

Natural Resources

Nebraska Retirement System

Revenue

General Affairs

Transportation & Telecommunications

Sen. Rita Sanders Dist. 45

Government, Military, & Veterans Affairs

Urban Affairs

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2025 Legislative Calendar*

2025 Legislative Session* January Sun

Mon

5 12 19

6 13

7 14

Wed

Thur

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8

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DAY 1

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HOLIDAY

26

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DAY 23 DAY 24 DAY 25 DAY 26 RECESS

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DAY 54 DAY 55 DAY 56 RECESS

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DAY 36 DAY 37 DAY 38 DAY 39 RECESS

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DAY 45 DAY 46 DAY 47 DAY 48 RECESS

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DAY 57 DAY 58 DAY 59 DAY 60

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DAY 61 DAY 62 DAY 63 DAY 64 RECESS

DAY 40 DAY 41 DAY 42 DAY 43 DAY 44

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DAY 65 DAY 66 DAY 67 DAY 68**

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DAY 49 DAY 50 DAY 51 DAY 52

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RECESS RECESS RECESS

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DAY 81 DAY 82 DAY 83 DAY 84 RECESS

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DAY 85 DAY 86 DAY 87 DAY 88

Legislative Recess Days

Federal & State Holidays

February 14 March 7, 21, 24 April 4, 7, 18, 21 May 2, 5, 16, 23 June 3, 4, 5, 6

January 20 – Martin Luther King Jr. Day February 17 – Presidents’ Day April 25 – Arbor Day** May 26 – Memorial Day

* The Speaker reserves the right to revise the session calendar. ** The Legislature will be in session on Friday, April 25, the Arbor Day Holiday. Any legislative employees who work that day will receive compensatory time for hours worked on the holiday.

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NEBRASKA MUNICIPAL REVIEW

MAKE A DIFFERENCE IN YOUR MUNICIPALITY

Apply today!

A

OMAHA

HASTINGS

LINCOLN

ARP Nebraska invites eligible, local nonprofit organizations and government entities to apply for the 2025 AARP Community Challenge grant program, now through March 5, 2025, at 4 p.m. Central. AARP Community Challenge grants fund quick-action projects that help communities become more livable by improving public places, transportation, housing, digital connections, and more.

“AARP Nebraska is dedicated to working with residents, advocates, and policymakers to make our communities better places to live for people of all ages—especially Nebraskans 50 and over. This grant program aims to be a catalyst for transformative action,” said Todd Stubbendieck, AARP Nebraska’s State Director.

Now in its ninth year, the program is part of AARP’s nationwide Livable Communities initiative, which supports the efforts of cities, towns, neighborhoods, and rural areas to become great places to live. Since 2017, AARP has invested $20.1 million toward 1,700 projects—including 29 in Nebraska—across all 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands.

“AARP is committed to creating communities where people of all ages and abilities can thrive,” said Nancy LeaMond, AARP Executive Vice President and Chief Advocacy & Engagement Officer. “The Community Challenge helps cities, towns, and counties get things started with small improvements that can kick-start meaningful changes that improve people’s lives and strengthens the places they call home.”

The AARP Community Challenge grant program is open to eligible 501(c)(3), 501(c)(4), and 501(c)(6) nonprofit organizations and government entities. Other types of organizations are considered on a case-by-case basis. Grants can range from several hundred dollars for small, shortterm activities to tens of thousands for larger projects. All projects must be consistent with AARP’s mission to serve the needs of people 50 and older along with other eligibility criteria. Selected projects must be completed by December 15, 2025. To apply and view past grantees, visit AARP.org/ CommunityChallenge.  Source – AARP Nebraska

JANUARY 2025

HOLDREGE

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2025

UTILITIES AND PUBLIC WORKS SECTION ANNUAL CONFERENCE M

Duane Hoffman, Public Works Director from Oxford and immediate Past President, poses with a plaque honoring him for his service as the 2024-2025 Board President.

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unicipal and public works officials from across Nebraska gathered in Lincoln for the 2025 Utilities/Public Works Section Annual Conference. There were 101 delegates and 59 sponsor representatives in attendance. The conference was held Jan. 8-10 at the Graduate Hotel in downtown Lincoln.

The educational event was comprised of a series of general sessions and more specialized track sessions—offering topics for everyone to learn about the subjects most pertinent to their role.

One of the highlights of the Utilities Annual Conference is the changing of leadership and election of a new board.

Lash presented 2024-2025 Utilities Section President, Duane Hoffman of Oxford, with a plaque in honor of his service. The full board elected at the conference is as follows: • President: Pat Heath - City Administrator, Gering;

•

1st Vice President: Gary Thurlow Utility Superintendent, Atkinson; • 2nd Vice President: Sarah Sawn Director of Utilities, Kearney; • Past President: Duane Hoffman Public Works Director, Oxford; • Board Members: Matt Owens – Water & Wastewater Supervisor, Imperial; Jeramie Van Leer – Utility Superintendent, Ord; Ryan Schmitz – Utilities Director, Grand Island; • Ex Officio Member: Layne Groseth - City Administrator, North Platte.

Thank you to all of the attendees and the sponsors and exhibitors who attended the 2025 Utilities and Public Works Section Annual Conference! We look forward to seeing you all again next year. 

NEBRASKA MUNICIPAL REVIEW

1.

2.

3.

4.

1.) Attendees gather to network between sessions at the 2025 Utilities and Public Works Section Annual Conference. 2.) Nicholas Brand and Greg Goodwater from the U.S Cybersecurity and Infrastructure Security Agency shared lots of helpful information in the a general session on Thursday.

3.) Tara Stingley and Sydney Huss from Cline Williams provided an overview of new federal standards for employee overtime. 4.) Jodi Gibson and Jenna Habeggar from NDOT discuss Nebraska Infrastructure Hub and locating funding sources to support municpal projects. 5.) Conference attendees visited with sponsors between sessions. There were 25 sponsors for the 2025 conference and they came prepared to share new resources and ideas with municipal leaders.

JANUARY 2025

5.

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USDA Rural Development:

Expansion of water services assists new users

M

any communities in the State of Nebraska are facing the concerns of aging infrastructure and the affects that has on their residents’ access to safe drinking water or sanitary wastewater systems, as well as the proper quantity needed for the demands of their community. Along with these concerns comes the big question of “how do we fund the improvements of these systems?” USDA Rural Development has several different programs to help a community with many different projects a community may have on its list, including a program that can solve those water and wastewater concerns.

Water & Waste Disposal Loan & Grant Program What does this program do:

Who is eligible:

What kind of funding is available:

How may funds be used:

Provides funding for clean and reliable drinking water systems, sanitary sewage disposal, sanitary solid waste disposal, and storm water drainage in rural areas.

Most state and local governmental entities, private nonprofits, and Federally recognized Tribes in rural areas and towns with populations of 10,000 or less, or Tribal lands in rural areas.

Long-term (up to 40 years), lowinterest loans. If funds are available, grants may be combined with a loan if necessary to keep user costs reasonable. Loan term based on useful life of facilities financed and has a fixed interest rate for the life of the loan. Interest rate based on need for the project and the median household income of the area to be served.

To finance the acquisition, construction, or improvement of drinking water sources, treatment, storage, and distribution, sewer collection, transmission, treatment, and disposal, solid waste and storm

water systems.

PROGRAM IN ACTION

Richardson County Rural Water District #2 expands services Rural Development funds were used to add additional hook ups to the district water for the Village of Barada and Indian Cave State Park. Richardson County RWD #2 waterline distribution system was expanded, branching off the new 6-inch line from Falls City to Indian Cave State Park and the Village of Barada. The new pipeline serving the new rural residents is a combination of 2-inch and 3-inch PVC. Richardson County Rural Water District #2 (RWD No. 2), was constructed in the early 1980s and has been active in expanding since that time. The west expansion was completed in 1999 for the Village of Salem (pop. 35). The new pipeline serving rural residents in Richardson County.

In 2001, the District expanded north of Salem to serve This area uses private wells, many with complaints of the Village of Verdon and in 2008, the District tried to poor water quality and insufficient volumes, whereas expand north of Falls City but the project stalled. This now, with this project, the 72 new users added to the project was resubmitted due to a significant investment system now will receive good quality clean drinking by the Nebraska Game and Parks for service to the Indian water. This project was completed in March 2024.  Cave State Park.

Learn more about the USDA Rural Development Programs that might be of value in your area, visit rd.usda.gov/ne or call (402) 437-5551.

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NEBRASKA MUNICIPAL REVIEW

USDA Rural Development:

Nebraska municipalities awarded funding for water and wastewater disposal USDA is investing $108,000 in funding to help rural communities with predevelopment feasibility studies, design, and technical assistance on proposed water and wastewater disposal projects

U

.S. Department of Agriculture (USDA) Federally recognized Tribes are eligible for Rural Development Acting State Director funding. Small, financially distressed rural Joan Scheel announced that USDA is investing communities can extend and improve water $108,000 in Special Evaluation Assistance for and wastewater treatment facilities that serve Rural Communities and Households (SEARCH) local households and businesses through SEARCH grants. grants in Nebraska.

“Access to clean water and safe wastewater disposal Special Evaluation Assistance for Rural is a basic necessity that many of us take for granted, Communities and Households (SEARCH) yet not everyone has this privilege,” Scheel said. helps very small, financially distressed rural “We are committed to ensuring that clean water communities with predevelopment feasibility and reliable wastewater systems are accessible to all studies, design and technical assistance on Nebraskans, transforming these essentials from a proposed water and wastewater disposal projects. Recent awards in Nebraska will luxury into a universal standard.”

SEARCH funds are utilized to pay for be utilized to develop Preliminary Engineer predevelopment planning costs in rural areas Reports (PER) in several communities across with a population of 2,500 or less. Most state the state. and local government entities, nonprofits, and

“Access to clean water and safe wastewater disposal is a basic necessity that many of us take for granted, yet not everyone has this privilege. We are committed to ensuring that clean water and reliable wastewater systems are accessible to all Nebraskans..."

Joan Scheel USDA Rural Development, Acting State Director

Recent Awards in Nebraska:

WALTHILL The Village of Walthill received a $30,000 grant to develop a PER for its municipal water system. The Village has recently experienced a lack of adequate water pressure in an area of the community, and it is speculated that booster pumps will be needed to correct this issue. The PER will identify this and other current issues with the water system, evaluate alternatives, and suggest the best solution to any issues.

MCGREW The Village of McGrew received a $29,000 grant to develop a PER for its municipal wastewater system. The Village’s collection system was constructed in 1985, and there have been numerous issues with the lift station over the past few years, which have caused backups in the system. The PER will evaluate the lagoon system as they currently cannot isolate one of the two cells in order to complete the proper maintenance.

BYRON The Village of Byron received a $19,000 grant to develop a PER for its municipal water system. This project will help the Village determine options for an alternate water supply and address additional drinking water system issues, such as low pressure being experienced, and be able to evaluate and choose the best solutions to any issues.

HUMBOLDT The Village of Humboldt received a $30,000 grant to develop a PER for its municipal wastewater system. The PER will evaluate the existing wastewater system and determine the best alternatives for the Village to be back in compliance with State permit requirements for the system.

USDA Rural Development provides loans and grants to help expand economic opportunities, create jobs and improve the quality of life for millions of Americans in rural areas. This assistance supports infrastructure improvements; business development; housing; community facilities such as schools, public safety, and health care; and high-speed internet access in rural, Tribal and high-poverty areas. Visit the Rural Data Gateway to learn how and where these investments are impacting rural America. For more information, visit www.rd.usda.gov.  JANUARY 2025

17

LARM

“Talk about the weather”

BY DIANE BECKER, COMMUNICATIONS/MARKETING DIRECTOR, LARM

In Nebraska, weather is a popular topic. Nearly any day of the year, at least one conversation will probably turn to whether it will rain, storm, hail, snow, or how hot or cold it might be. With the many dangers that winter weather poses for Nebraska municipalities, it’s essential to encourage discussions about how weather events can affect a community and how best to prepare for it, so it’s a perfect time to talk about the weather.

Talk about the plan.

Most cities and villages have winter snow plans, and it’s important to review those each year. Review the plan at a city council or village board meeting and encourage the local newspaper to publish a copy. Keeping streets cleared is an important municipal responsibility not only so that citizens can drive safely but also so that emergency vehicles can reach any area of the community.

Talk about where to park.

Each year, it’s a good idea to remind people that they need to park on a certain side of the street when there’s a snowfall to make it easier to clear the streets. Post the parking plan on the municipal website. Distribute copies at the schools and restaurants.

Talk about staffing.

Is enough staff available after hours to remove snow from the streets? It’s never too early to assign who and when they will be in the snowplow, readying streets before citizens drive on them.

Make it clear now when the roads will be plowed and in what order they will be cleared. Do community members need to be asked to be backups with their equipment if there is a heavy snowstorm and city staff can’t keep up? Talk to them before the snowstorm.

Talk about emergencies.

Does the municipality have a plan if many citizens lose electricity in a winter storm? It’s not uncommon for blizzards in Nebraska to pack high winds and bring dangerously low temperatures. Decide what facilities have backup generators

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and would be available for people to go to if there are widespread power outages.

Talk about sidewalks.

Do citizens understand the municipality’s sidewalkclearing policy? It is good to remind citizens of their responsibility to clear the snow off their sidewalks. A good time to do this is before the first snowfall so they have a plan for who will be clearing their walks.

Talk about salt supplies.

Is there enough salt on hand to apply on the streets and in front of municipal buildings? Every year, people slip and fall on sidewalks in front of libraries and other public facilities because they haven’t been properly cleared of snow or de-iced in a timely manner. The city or village should be a model for the rest of the community, with sidewalks and parking lots properly cleared of snow and ice.

Talk about your neighbors.

Many Nebraska communities have a large number of home-bound or elderly citizens. Encourage people to check on their neighbors throughout the winter months.

Talk about the weather.

Nebraska offers ample opportunities for conversation when it comes to the weather. Will it be a bad winter?

Does the Farmers’ Almanac say we’re going to get more snow than usual? It’s a great time for municipal leaders to extend those conversations to practical ideas on keeping everyone safe and warm through the winter season. 

NEBRASKA MUNICIPAL REVIEW

JANUARY 2025

19

Center for Rural Affairs

Thriving Communities Grantmaking Program now open for Region 7

BY VAL ANKENY, CENTER FOR RURAL AFFAIRS

A

new funding opportunity offers rural communities a chance to access funding to address local health and environmental priorities.

The Environmental Justice Thriving Communities Grantmaking Program, funded through the U.S. Environmental Protection Agency, reduces barriers to accessing federal grant funding by offering subgrants for eligible community-based nonprofit organizations, local governments, and Tribal governments.

Funding is available in three tiers, along with a noncompetitive opportunity. Non-competitive grants for $75,000 will be awarded directly to organizations in need of building capacity for future opportunities.

Tier 1 of the competitive funding will provide up to $150,000 for one year of assessment projects to better understand local environmental and public health concerns. Tier 2 will provide up to $250,000 for one to two years of planning on how to address environmental and health issues. Opportunities to carry out projects with up to a $350,000 award for two years will be provided under Tier 3.

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Tier 1 assessment projects include: • Research • Sampling • Testing • Monitoring • Investigating • Surveys/studies • Public education Tier 2 planning projects include: • Partnership building • Public outreach and education • Stakeholder coordination • Training activities • Community clean-ups • Small land purchases and acquisitions Tier 3 development projects include: • Constructions plans, schematics, and technical development • Permitting activities • Small land purchases and acquisitions • Implementation of project plans • Public outreach and education NEBRASKA MUNICIPAL REVIEW

A wide range of public health and environmental issues will be considered with this program, including air and water quality, healthy housing and food systems, environmental contaminants, and emergency preparedness and training.

Notice of Funding Opportunity will be announced soon for Region 7 at region 7.thriving environments.org.

Find other regions at ntcl.thriving environments.org.

Discover the steps for preparing to apply through Environment Protection Network resources at environmentalprotectionnetwork. org/6-step-grantmaker-process.

Thousands of subgrants will be issued, with the goal of alleviating much of the burden the federal grants process places on small, resource-constrained organizations. Applications will be reviewed on a rolling basis beginning Jan. 31, 2025, and ending Oct. 31, 2025 (for two-year projects), Oct. 31, 2026 (for one-year projects), or April 20, 2027 (for six-month projects).

No-cost customized support is available through the Heartland Environmental Justice Center (HEJC) or the Center for Rural Affairs for this thriving communities grantmaking program. The HEJC can assist with building a project budget, preparing application forms, and writing a project narrative for this grant.

Visit heartlandej.org/events for upcoming training opportunities. For more information on how the Center can help or to request individual assistance, email ruralleaders@cfra.org or call 402.687.2100. 

JANUARY 2025

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Dept. of Economic Development

Milford creates an “environment of growth” to earn Leadership Certified Community recertification The Department of Economic Development (DED) has recognized officials in the City of Milford for their ongoing success in Nebraska’s Leadership Certified Community (LCC) program. The city earned program recertification for strategic planning efforts to increase opportunities in childcare, education, housing, and recreation.

“Thanks to our various partners for collaborating with us throughout the Leadership Certified Community recertification process, including DED, the Nebraska Public Power District, council members and staff, and the Seward County Chamber & Development Partnership (SCCDP),” said City of Milford Mayor Patrick Kelley. “We are honored to achieve this important recertification and look forward to the continued success stories of improving our community with tools like this to aid us along the way.”

Over the past five years, Milford leaders have worked extensively to create local housing opportunities. Residents celebrated the start of the community’s threephase, 54-lot Timber Creek subdivision in 2020. Phases two and three opened in 2024. In 2023, developers converted Milford’s former Crestview Care Center nursing home into a 21-unit apartment building, First Street Flats, which is now fully occupied. Additionally, Southeast Community College (SCC) has added two 150-bed dormitories. The first, Prairie Hall, was completed in 2019.

The second, Meadow Hall, was finished in 2021. Ongoing development and growth also is taking place at SCC’s entrepreneurship center.

The community of Milford has successfully utilized state programs to support development. The city received a $50,000 planning grant from DED through

“

We are honored to achieve this important recertification and look forward to the continued success stories of improving our community.

”

Patrick Kelley Milford Mayor

the Community Development Block Grant (CDBG) program for Downtown Revitalization (DTR) in 2020. The City of Milford matched $12,500 for a project total of $62,500.

In 2018, Milford’s Local Option Municipal Economic Development Act (LB840) passed, which allows voters to utilize local tax dollars for economic development purposes.

In addition, Milford’s LB840 program contributed $85,000 to secure assistance from DED’s Rural Workforce Housing Fund (RWHF) in 2020 and 2022.

The city and SCCDP are prioritizing o n g o i n g p ro j e c t s t o e n h a n c e Milford’s quality of life. Seward County’s Broadband Task Force and the Nebraska Broadband Office engaged residents in efforts to increase broadband capabilities during a town hall session earlier this year. The community now offers four fiber-tothe-home Internet Service Providers (ISP’s).  Editor’s note: This is a shortened version of the story. To read the story in its entirety, visit: https://opportunity. nebraska.gov/ Source – Department of Economic Development

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The Legal Corner

Micro-TIF:The expedited review and approval of Tax Increment Financing projects

BY JEREMIAH J. PERKINS, CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P.

Jeremiah Perkins

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ax increment financing (“TIF”) is a public financing mechanism allowing municipalities to help pay for public improvements associated with redevelopment projects in blighted and substandard areas. TIF is authorized

by Article VIII, Section 12 of the Nebraska State Constitution and the Nebraska Community Development Law, Neb. Rev. Stat. §§ 18-2101 to 18-2157 (together, referred to herein as the “Act”).

Overly simplified, TIF permits a redeveloper to receive the taxes on the incremental value of redeveloped property for a 15-year period, which may be used for certain eligible costs. i The incremental value is the difference between the assessed valuation of property in a project area before redevelopment (also known as the “base value”) and the assessed valuation of such property following construction completion.ii Notably, TIF indebtedness does not represent a general obligation of the municipality—instead, the municipality acts as a conduit to pass through available TIF funds.iii In 2020, the Nebraska Legislature passed LB 1021, which amended 24

the Act to allow municipalities to provide for an expedited review and approval process for qualifying small TIF projects. iv While commonly referred to as “Micro-TIF” because it is only applicable to small projects, the legislation is actually referred to as the expedited review process, because the main effect is cutting out the long notice and public hearings process typically required for TIF approval.

The Micro-TIF process does not require any public hearings, and applications must be approved or denied within 30 days after submission.

It also requires less paperwork because the redevelopment plan for a MicroTIF project is a simple form developed by the Nebraska Department of Economic Development (“DED”) and there is no redevelopment agreement required.

A. Projects Eligible for Micro-TIF As a preliminary matter, MicroTIF is permitted only in counties with a population of less than 100,000, which effectively excludes all municipalities located within the counties of Douglas, Lancaster, and

Sarpy.v Furthermore, like a normal TIF project, the proposed MicroTIF project must be located within a blighted and substandard area of the municipality.vi The predominant qualifications for Micro-TIF eligibility relate to (i) the status of the existing property and (ii) the size of the project.vii First, with respect to the status of the property, because the Legislature intended to incentivize infill development of existing properties, a project only qualifies for Micro-TIF if it involves: • The repair, rehabilitation, or replacement of an existing structure that has been within the corporate limits of the municipality for at least 60 years;viii or • The redevelopment of a vacant lot that has been: (1) within the corporate limits of the municipality for at least 60 years; and (2) has been platted for at least 60 years.ix Second, because the Legislature only intended to permit expedited review and approval for “small” projects, the Act requires that the assessed valuation of the property following construction

NEBRASKA MUNICIPAL REVIEW

completion to be no more than: • $350,000 for a redevelopment project involving a single-family residential structure;x • $1,500,000 for a redevelopment project involving a multifamily residential structure or commercial structure;xi or • $10,000,000 for a redevelopment project involving the revitalization of a structure included in the National Register of Historic Places.xii B. Expedited Review and Approval Process Before a municipality can approve a Micro-TIF project, the municipality’s governing body must pass a resolution to allow expedited reviews of redevelopment plans.xiii In effect, the resolution will permit redevelopment plans of eligible redevelopment projects (i.e., those that meet the requirements listed in Section A, above) to be approved without the municipality needing to hold public hearings of the planning commission and applicable governing body.xiv Because the Micro-TIF projects do not go through the normal public hearing process, the municipality may designate an employee or department to conduct the expedited reviews.xv If an employee or department is not designated, then the governing body performs the expedited reviews itself.xvi Typically, the city/village clerk, administrator, or zoning administrator is designated for this purpose.

Once the Micro-TIF resolution is passed, the municipality is ready to receive Micro-TIF applications.

Any redeveloper may prepare and submit a Micro-TIF application to the municipality using the DED’s standardized form.xvii Upon application receipt, the designated reviewer determines whether the JANUARY 2025

project meets the eligibility criteria.xviii If eligible, the reviewer forwards the redevelopment plan to the governing body for approval.xix The governing body must consider approval of the redevelopment plan within 30 days after submission of the plan. Following plan approval, the CDA/CRA xx issues the redeveloper a TIF bond/ note, representing the municipality’s promise to pass through all available TIF funds.xxi The redeveloper has two years from approval to complete the project.xxii Upon project completion, the redeveloper notifies the county assessor for review and project certification.xxiii The municipality may begin to make payments on the TIF bond/note following the county assessor’s certification of the project.xxiv The municipality continues to pass through available TIF funds until the earlier of (i) 15 years, or (ii) the TIF bond/note is paid in full.xxv C. Recent Micro-TIF Legislative Updates Since enactment, the Micro-TIF statute has twice been amended. Most recently, in June of 2023, LB 531 provided several new rules regarding the expedited review and approval process, including:xxvi The governing body of a municipality may, by resolution, establish an annual limit on the number of Micro-TIF projects that may be approved in a year.

Before LB 531, Micro-TIF applications had to be approved by the governing body if all requirements (summarized in Section A, above) were met. Now, even if all requirements are met, a Micro-TIF application can still be denied if (i) approval of the redevelopment plan would exceed the annual limit (if any), or (ii) if the redevelopment plan is inconsistent

with the municipality’s comprehensive development plan.

The governing body of a municipality may, at any time, revoke its election to allow expedited reviews of redevelopment plans (i.e., rescind the authorizing Micro-TIF resolution).

This revocation does not affect the validity of (i) any Micro-TIF project that was approved prior to the revocation of such election, or (ii) any TIF bond/note issued by the CDA/ CRA for a Micro-TIF project prior to the revocation of such election.

Redevelopers are no longer required to submit building permits as part of their Micro-TIF application.

Municipalities are no longer required to remit TIF payments to the owner of record of the redeveloped property.

TIF payments shall be remitted to the holder of the TIF bond/note, which can be an individual or entity other than the record owner of the property.

This change applies retroactively to prior-approved Micro-TIF projects.

The Micro-TIF application must now include the agreed-upon costs of the redevelopment project. DED’s standard form includes a new box for this.

LB 531 limited the amount of TIF indebtedness for a MicroTIF project to the agreed-upon costs of the redevelopment project where the agreed-upon costs of the redevelopment project are less than the amount estimated to be generated over the 15-year statutory period from the incremental value.

Many of these changes act to provide the municipality with additional flexibility when administering its Micro-TIF program.

D. Conclusion Micro-TIF provides Nebraska municipalities with a simplified Continued on page 28 / See TIF

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Two projects on U.S. 77, including a plan to create two major freeway interchanges at Warlick Boulevard and West Pioneers Boulevard, are a part of Nebraska's decades-long project known as the expressway system. Set in motion in 1988 and initially projected to take 25 years, the completion of the expressway system is now set to take until at least 2042. The $50 million interchange projects near Lincoln are set to be completed in 2027. Photo by Katy Cowell, Lincoln Journal Star.

Nebraska expressway system won't be done until 2042, official says

T

BY ANDREW WEGLEY, LINCOLN JOURNAL STAR

he decades-long project to link all of Nebraska's — could be finished by the mid-2030s. major cities with Interstate 80 through a 600-mile But at a recent meeting, where Kramer briefed lawmakers expressway system is not projected to be finished on the state’s latest Highway Needs Assessment, she said until at least 2042, the director of Nebraska's Department prior projections did not take funding into account, warping of Transportation told a committee of state lawmakers in lawmakers’ expectations for when the projects would come early December. to fruition.

Set into motion by a 1988 law and initially envisioned This year, Kramer emphasized the growing gap between to take 25 years to build, the four-lane expressway system the Department of Transportation’s needs and the funds will instead take more than 50 years to complete under the allocated to fulfill them. department's current funding trends, Director Vicki Kramer In 2025, the department needs $844 million to preserve, said at a hearing in front of the Legislature's Appropriations modernize, and improve the state’s highways — but has and Transportation Committees. only $700 million to invest in such projects, leaving a $144 Kramer had told lawmakers as recently as last year that the million shortfall, Kramer said. expressway's final corridors — including expansions of U.S. The department projects it will need $16.9 billion to 81 between York and Columbus, U.S. 77 between Fremont maintain and improve Nebraska’s highways over the next and Wahoo, and U.S. 75 between Nebraska City and Murray Continued on page 28 / See Expressway

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NEBRASKA MUNICIPAL REVIEW

JANUARY 2025

27

Expressway Continued from page 26

20 years, a sum that is expected to amount to $24.3 billion in 2045 dollars due to inflation.

The growing cost of maintaining Nebraska’s highways — and the Department of Transportation’s shrinking buying power — are projected to further slow the completion of the expressway system, more than 400 miles of which is already completed.

The planned expansion of a 41-mile stretch of U.S. 81 between York and Columbus is the last portion of the expressway set to be finished, according to Wednesday’s assessment. That expansion is expected to begin in 2032 and last a decade.

One project tied to the 1988 expressway plan is being accelerated, though, Kramer said. The 28-mile expansion of U.S. 275 between Norfolk and West Point — a portion of a larger project to connect Norfolk to Omaha via a four-lane highway — had been projected to take until 2033.

But Kramer told lawmakers that Gov. Jim Pillen directed the department to condense the timeline for that project and complete it by 2029.

Transportation officials are set to use at least $100 million in bond financing to pay the accelerated project. Kramer said the move to issue bonds to fund the project marks a “fundamental shift” for the state, which has followed a pay-as-you-go approach for decades.

Kramer was careful to avoid “the perception that financing is funding,” noting that the state must pay off the bonds by June 30, 2042.

She also didn’t explicitly ask lawmakers to increase the department’s annual budget, though she told the committee that she wanted lawmakers to “be very aware of the gap” between the department’s needs and resources.

“I don’t think it’s my job to tell them if I need more money, it’s my job to show them what I can do with the amount of money that they are giving me,” Kramer said after the hearing.

Still, Sen. Mike Moser of Columbus, the chairman of the Transportation and Telecommunications Committee, said an increase in Department of Transportation funding “is something I think we need to talk about” in the 2025 legislative session.

As they enter Nebraska’s next two-year budget cycle, lawmakers are already facing a $432 million shortfall, a fact that Moser acknowledged “may affect additional funding” for the department.

But, he said, the state has to respond to inflation rates hampering highway construction.

“We have to continue to keep up our roads,” he said. “We need to continue working on the expressway. And we can’t let ourselves fall even further behind.” 

TIF Continued from page 25

process for review and approval of certain qualifying small TIF projects. The rules are less complicated, and the time frames are shorter than normal TIF. In general, Micro-TIF is much easier for the municipality to administer than normal TIF. Further, Micro-TIF can result in significant cost savings to the redeveloper, making TIF a viable option for smaller projects. This is particularly useful to redevelopers in the current high-cost environment of construction and development.  Editor’s Note: This article is not intended to provide legal advice to its readers. Rather, this article is intended to alert readers to new and developing issues. Readers are urged to consult their own legal counsel or the author of this article if they wish to obtain a specific legal opinion regarding their particular circumstances. The author of this article, Jeremiah J. Perkins, can be contacted at Cline Williams Wright Johnson & Oldfather, L.L.P., 233 S. 13th St., Ste. 1900, Lincoln, NE 68508, (402) 474-6900, jperkins@clinewilliams.com, or www.clinewilliams.com.

Endnotes

i Neb. Rev. Stat. § 18-2147. ii Id. iii Id. § 18-2125 (“The bonds and other obligations of the authority, and such bonds and obligations shall so state on their face, shall not be a debt of the city and the city shall not be liable on such bonds …”). iv L.B. 1021, 106th Leg., 2nd Reg. Sess. (Neb. 2020). v Neb. Rev. Stat. § 18-2155(1)(c). vi Id. § 18-2155(2)(b)(i)-(ii). A governing body may designate property as blighted and substandard by resolution after applicable public hearings. Id. § 19-2109. vii Id. viii Id. § 18-2155(2)(b)(i). ix Id. § 18-2155(2)(b)(ii). x Id. § 18-2155(2)(d)(i). xi Id. § 18-2155(2)(d)(ii). xii Id. § 18-2155(2)(d)(iii). xiii Id. § 18-2155(1). xiv Id. (exempting Micro-TIF projects from sections 18-2111 to 18-2115 and 19-2116, which provide substantive requirements of redevelopment plans and requires to such plans to be submitted to the planning commission and governing body for review and approval during public open meetings).

xv Id. § 18-2155(5). xvi Id. § 18-2155(4)(c). xvii Id. § 18-2155(4)(a). xviii Id. xix Id. xx A Community Development Agency (“CDA”) or a Community Redevelopment Authority (“CRA”) is formed by the municipality to administer TIF. Id. § 18-2101.01. xxi Id. § 18-2155(6)(a). xxii Id. § 18-2155(6)(c)(i). xxiii Id. § 18-2155(6)(b). xxiv Id. § 18-2155(8). Like a normal TIF project, the municipality must still file a “notice to divide tax” with the county assessor to trigger the division of taxes. xxv Id. § 18-2155(6)(a). The TIF bond/note “shall not create a general obligation on behalf of the authority or the city …” Id. xxvi For all referenced amendments, see L.B. 531, 108th Leg., 1st Legis. Sess. (Neb. 2023).

- Reprinted with permission.

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Ask LNM

Frequently Asked m u n ic ipa l Questions

Topic: Public Meeting Minutes - Creating Transparency in Your Community

T

he League staff field lots of questions regarding minutes. Minutes serve as essential records of local governance and community activities. Minutes also provide transparency and accountability in your municipality.

While there is some guidance in state law on how to prepare minutes and what needs to be included, most municipalities rely on past patterns and practice when preparing minutes. State law provides little to no guidance on how to amend minutes if there is an error or if minutes should be approved by the city council or village board. This lack of statewide guidance can be frustrating for those in municipal government tasked with the responsibility of ensuring accurate minutes.

Below are some of the most frequently asked questions about minutes.

How much detail needs to be included in the minutes?

The Open Meetings Act provides the following member voted or if the member was absent or not

LNM guidance on minutes: each municipality “shall voting.” In other words, minutes, at a minimum, keep minutes of all meetings showing the time, place, members present and absent, and the substance of all matters discussed.” It also requires that “any action taken on any question or motion duly moved and seconded shall be by roll call vote of the public body in open session, and the record shall state how each

need to show the time and place of the meeting, the city council or village board members present and absent, the substance of matters discussed, and how each member voted on any questions or motions at the meeting.

Do minutes need to be published?

The Open Meetings Act does not require minutes

any of their meetings. Minutes are required to be placed LNM to be published in the newspaper. (But see the of on the website at such time as the minutes are available

question on official proceedings below). for inspection (see question below for more details on A few years ago, the Legislature passed a law that when minutes need to be completed). The minutes must requires Omaha, Lincoln, and all cities of the first class be available on the public website for at least six months. to make available on their public website the minutes

When do minutes need to be completed?

Minutes need to be available for inspection be written or kept as an electronic record.

Cities of the second class and villages have an added convened meeting, whichever occurs earlier. The exception that if the person responsible for the minutes Open Meetings Act provides that minutes are public has a serious illness or emergency, those municipalities records and need to be open for public inspection have an additional 10 working days to make the minutes during normal business hours. It requires that minutes available.

LNM within 10 working days or prior to the next

Is the City Council or Village Board required to approve the minutes?

The League staff has found no requirement in approve minutes, although the League understands this

LNM state law for a city council or village board to is common practice for many, if not most, municipalities.

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NEBRASKA MUNICIPAL REVIEW

How does a municipality amend the minutes if there is a mistake?

Again, the League has found little or no guidance

that at the next regular meeting of the LNM in state law about how to amend minutes. If a recommends city council or village board, an item be included on mistake is found in the minutes, the League often the agenda to correct the mistake.

What are official proceedings and what is their publication requirement?

Official proceedings are treated differently than of each agenda item, a summary of each motion and LNM minutes in state law. Every municipality with a the result of the vote, and how members voted on each population of 100,000 or less is required to create and motion. Generally, official proceedings are shorter in publish official proceedings. length than minutes, but the League understands that According to section 19-1102, official proceedings some municipalities use their minutes as their official include a statement of the proceedings of the meeting, proceedings. and the amount of each claim allowed, the purpose of Official proceedings need to be prepared and published the claim, and the name of the claimant, except that within 30 days after any meeting of the city council or the aggregate amount of all payroll claims may be village board. The publication is required to be in a legal included as one item. Additional guidance provides newspaper in or of general circulation in the city or village. that official proceedings need to include a summary

Minutes are an important part of keeping residents well-informed and trustful of municipal government. The League appreciates all the time and effort municipal officials put into creating minutes that are accurate and compliant with state law. If you have additional questions about minutes, please consult your village or city attorney. 

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