City Council

CITY COUNCIL MEETING October 27, 2015 7:00 p.m. After the Pledge of Allegiance and study session, the Mayor called the meeting to order and stated a copy of the open meeting law is posted continually for public inspection located near the entrance door by the agendas. Roll call showed Council Members Johnson, Legband, Anderson, Landholm, Bixby, Kuhns and Eairleywine present, Schaller absent – 7 present, 1 absent. Moved by Council Member Eairleywine, seconded by Council Member Kuhns to open the Public Hearing on a request of John Schlumberger, on behalf of Robert Schlumberger, owner of approximately 50.0 acres located at 4130 Luther Rd., for approval of a Zoning Change from AG Agricultural to LI Limited Industrial Council Member Johnson asked questions regarding 50 acres requested to be rezoned and advised that there was a high end residential development South of the property, Ritz Lake Development. Johnson further testified that the property owners East of this property had concerns about their ability to do a residential development on their property if this is approved. This is a logical place to have a housing development as it’s right off the bypass, and it’s something that should be thought about as we go through the next several Hearings. John Schlumberger testified that approximately 20 of the acres would be used for the proposed warehousing. Further, that if the property was sold, the new owner could do what they wanted within the Limited Industrial zoning laws. Schlumberger went on to say that the concerns were legitimate, the plans are spelled out, he felt it was hypocritical because there have been trucks running down that road for a long time. Roll call vote: 7 ayes. Motion carried. After testimony, it was moved by Council Member Anderson, seconded by Council Member Johnson to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Legband to introduce the Ordinance to approve a request of John Schlumberger, on behalf of Robert Schlumberger, owner of approximately 50.0 acres located at 4130 Luther Rd., for approval of a Zoning Change from AG Agricultural to LI Limited Industrial. No testimony. Roll call vote: 6 ayes, 1 nay. Motion carried. The City Clerk gave the first reading, by title only. The second reading will be on November 10, 2015 and the final reading will be on November 24, 2015. Moved by Council Member Landholm, seconded by Council Member Anderson to open the Public Hearing on a request of Interstate Commodities, Inc., on behalf of Frontier Cooperative, owner of approximately 12.0 acres located at 549 E. Co. Rd. T, for approval of a Zoning Change from AG Agricultural to GI General Industrial. No testimony. Roll call vote: 7 ayes. Motion carried. No testimony, it was moved by Council Member Eairleywine, seconded by Council Member Legband to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Johnson, seconded by Council Member Legband to introduce the Ordinance to approve a request of Interstate Commodities, Inc., on behalf of Frontier Cooperative, owner of approximately 12.0 acres located at 549 E. Co. Rd. T, for approval of a Zoning Change from AG Agricultural to GI General Industrial. No testimony. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only. The second reading will be on November 10, 2015 and the final reading will be on November 24, 2015. Moved by Council Member Legband, seconded by Council Member Landholm to open the Public Hearing on a request of Apex Land Surveying, LLC, on behalf of Rodger & Debra Menn, owners of approximately 8.0 acres located at 361 W. Co. Rd. T, for approval of a Zoning Change from AG Agricultural to LI Limited Industrial. Roll call vote: 7 ayes. Motion carried. No testimony, it was moved by Council Member Bixby, seconded by Council Member Eairleywine to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Kuhns, seconded by Council Member Anderson to introduce the Ordinance to approve a request of Apex Land Surveying, LLC, on behalf of Rodger & Debra Menn, owners of approximately 8.0 acres located at 361 W. Co. Rd. T, for approval of a Zoning Change from AG Agricultural to LI Limited Industrial. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only. The second reading will be on November 10, 2015 and the final reading will be on November 24, 2015. Moved by Council Member Kuhns, seconded by Council Member Johnson to open the Public Hearing on a recommendation for approval of a boundary line adjustment, removing all lots and tracts in Saunders County and Douglas County from the City’s extraterritorial jurisdiction. Mayor Getzschman requested the Director of Planning to give an overview as to why this is necessary. Director of Planning Anderson testified that approximately 20 years ago the City entered into an Interlocal Agreement with Saunders County regarding zoning codes and for the properties in that area. He further testified that the City will never be able to annex that extraterritorial jurisdiction and explained who owned which properties as well as their boundary lines. Council Member Bixby wanted clarification that on the other boundaries do we still have the two mile jurisdiction. Director of Planning Anderson testified that yes we do still have the two mile jurisdiction in Dodge County, but it would exclude the property in Saunders County. City Administrator Shotkoski testified that he was not sure that it was an exact two miles all the way around, because sometimes when we annex if you don’t change your zoning boundary to see if it’s a full two miles. The only proposed change is within the Douglas Saunders County line with this adjustment and this is only the first reading, so we can get the maps to show you the change before the second reading. Roll call vote: 7 ayes. Motion carried. After testimony, it was moved by Council Member Landholm, seconded by Council Member Anderson to close the public hearing. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Legband to introduce the Ordinance to approve a boundary line adjustment, removing all lots and tracts in Saunders County and Douglas County from the City’s extraterritorial jurisdiction. No comments. Roll call vote: 7 ayes. Motion carried. The City Clerk gave the first reading, by title only. The second reading will be on November 10, 2015 and the final reading will be on November 24, 2015. Moved by Council Member Johnson, seconded by Council Member Eairleywine to approve items 12 through 24 and 26 through 29 of the consent agenda. Roll call vote: 7 ayes. Motion carried.   Dispense with and approve October 13, 2015 minutes  October 14 – October 27, 2015 claims  Appoint Jolene Giddens, Marty Gifford and Jerry Sandeen to the Housing Agency Board, terms ending September, 2020  Appoint Scott Brown to the Board of Adjustment as a full time Member, term ending September, 2017. This created a vacancy or an alternate Board of Adjustment Member.  Resolution No. 2015-201 accepting the award of the 14-DTR-104 Community Development Block Grant for Downtown Revitalization. (staff report)  Resolution No. 2015-194 for Technology Park farm lease bid (staff report)  Tort Claim filed by Dennis Koley on behalf of Karla J. Krom, Guardian for and on behalf of Devan Lynn Melton, A Minor Child  Tort Claim filed by Dennis Koley on behalf of Janine L. Krom  Tort Claim filed by Dennis Koley on behalf of Karla J. Krom  Tort Claim filed by Dennis Koley on behalf of Karla J. Krom, Adoptive parent for and on behalf of Skyler James Bullock, a Minor Child  Resolution No.2015-195 granting permission to consume alcohol on City property Ryan Wolfe, City Auditorium, August 6, 2016, wedding reception, Morgan Beighley & Dominic Savio, Christensen Field, April 29, 2017, wedding reception  Resolution No. 2015-196 approving a request of Apex Land Surveying, LLC, on behalf of Rodger and Debra Menn, owners of approximately 40.0 acres located at 361 W. Co. Rd. T, for a Final Plat to be known as Menn Subdivision, Dodge County, Nebraska  Resolution No. 2015-197 approving an Easement Agreement as part of the closing of a portion of South Howards Street, Dodge County, Nebraska.  Approved Option Agreement to purchase additional property for Substation B  Approved Resolution No. 2015-199, Johnson Road Trail Supplement Program Agreement No. 1  Approved Resolution No. 2015-200, Preliminary Engineering Service Supplemental Agreement No. 3, Johnson Road Trial Project  Received report from Utilities Manager Moved by Council Member Johnson, seconded by Council Member Eairleywine to approve Resolution No. 2015-198 approving Standard Operating Procedures associated with the enforcement of codes and ordinances of the City. Mayor Getzschman thanked Troy Anderson for his presentation and discussion before the meeting. He further testified that there may be some Ordinances changed or rescinded in the future, and the reason for the Standard Operating Procedures is so contractors and citizens will be treated equally and the codes will be enforced uniformly. Roll call vote: 7 ayes. Motion carried. The Clerk gave the third reading by title only of an Ordinance approving zoning change from GI General Industrial to LI Limited Industrial at 1520 Railroad Street for MJF Holdings, LLC and J&R Concrete and Construction, LLC. Roll call vote: 7 ayes. Ordinance No. 5353 passed. Moved by Council Member Johnson, seconded by Council Member Anderson to approve Change Order Number 1, West 6th Street Reconstruction. Roll call vote: 7 ayes. Motion carried. Moved by Council Member Eairleywine, seconded by Council Member Anderson to adjourn the meeting. Roll call vote: 7 ayes. Motion carried. Meeting adjourned at 8:16 p.m. I, Robin White, the undersigned City Clerk, hereby certify that the foregoing is a true and correct copy of the proceedings had and done by the Mayor and Council; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the office of the Clerk; that such agenda items were sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting; that such subjects were contained in said agenda at least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by the members of the public; that the said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meeting and the subjects to be discussed at said meeting and that a current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during such meeting in the room in which such meeting was held. Robin White, Interim City Clerk