City Council

CITY COUNCIL MEETING July 7, 2016 City Auditorium 925 N. Broad Street, Fremont, NE STUDY SESSION – 6:45 P.M. REGULAR MEETING – 7:00 P.M. AGENDA REGULAR MEETING: 1. Meeting called to order 2. Roll call 3. Mayor comments (There will be no discussion from the Council or the public regarding comments made by the Mayor. Should anyone have questions regarding the comments, please contact the Mayor after the meeting) 4. Final reading of Ordinance for consideration of a petition of the owners of approximately 57.3 acres described as the Roadway Subdivision, said Subdivision being located in the West half of the East half of Section 25, Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska, and more generally located at 1400 S Downing St., for annexation into the City of Fremont’s corporate limits (staff report) 5. Final reading of Ordinance for consideration of a petition of TJ Design Strategies, Ltd., on behalf of Costco Wholesale Corporation, agent for the owner, and Hills Farm, Inc., the owner of approximately 417.1 acres located in Section 25, Section 26, and Section 36 of Township 17 North, Range 8 East of the 6th P.M., Dodge County, Nebraska, and more generally located at 2200 S Downing St., for annexation into the City of Fremont’s corporate limits (staff report) 6. Final reading of Ordinance for consideration of a request of TJ Design Strategies, Ltd., on behalf of Costco Wholesale Corporation, agent for the owner, and Hills Farm, Inc., the owner of approximately 83.3 acres located at 2200 S Downing St., for approval of a Zoning Change from AG Agricultural to GI General Industrial (staff report) 7. Adjournment Agenda posted at the Municipal Building on July 1, 2016 and online at www.fremontne.gov. Agenda distributed to the Mayor and City Council on July 1, 2016. The official current copy is available at City Hall, 400 East Military, City Clerk’s Office. The City Council reserves the right to go into Executive Session at any time. A copy of the Open Meeting Law is posted in the City Council Chambers for review by the public. The City of Fremont reserves the right to adjust the order of items on this agenda.  Staff Report TO: Mayor and City Council FROM: Troy Anderson, Director of Planning DATE: June 17, 2016 SUBJECT: Voluntary Annexation Petition – Roadway Subdivision Recommendation: Hold second reading. Background: A Voluntary Annexation Petition has been received by Brenda K. Doernemann, Managing Member of Proctor, LLC, Ronald G. Vlach, President of Victory Lake Marine, Inc., Leslie B. Shallberg, President of fremont Electric Inc., Allen Dayton, President of the Lionel Company, LLC, Thomas, L. Coday, General Partner of R E Partnership, a Nebraska General Partnership, Daniel E. and Trudy K. Simanek, William F. Dugan and Jane L. Dugan, Scott Taylor and Cherie Taylor, Michael Cone, President of Michael Cone Enterprises, LLC, and Sanitary and Improvement District No. 4 of Dodge County, Nebraska, (“SID No. 4”) a political subdivision of the State, requesting annexation of approximately 57.3 acres into the corporate limits. According to Nebraska Revised Statutes § 19-929, “The municipal governing body shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning until it has received the recommendation of the planning commission if such commission in fact has been created and is existent.” The subject property is not identified in the Comprehensive Plan as a preferred or secondary area of future annexation and growth. However, as it pertains to unidentified annexation, according to the City’s Comprehensive Plan: The areas not identified for annexation are those that, at this time, are expected to occur beyond the horizon of this plan and which warrant evaluation upon the five-year update of this plan. Given the uncertainties of development though, these areas may be subject to annexation and development in which case the following principles may be used to guide the decision: • The decision to extend infrastructure and provide municipal services will include, among others, the location of the proposed development relative to existing development and the proximity to existing utilities and adequate road infrastructure. [as part of the Conditional Annexation Agreement, the City will construct and install water main service and fire hydrants for the benefit of all properties located in the Roadway Subdivision; the subject property is currently served by Old Highway 8 to the north and Proctor Rd. to the south] • The existing infrastructure systems have adequate capacities to accept and sustain the demands of the proposed development without an inordinate requirement for capital investment on behalf of the City. [the subject properties consist of either vacant/undeveloped tracts of land or fully developed tracts of land and are generally considered as being served by existing infrastructure; no new development is being proposed as part of these annexation proceedings] • The subject development will not disrupt an orderly and fiscally responsible progression of growth and development. [the subject property is continuous or adjacent to corporate limits to the north and constitutes orderly and fiscally responsible progression of growth and development to the south and east] 
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      [SID 4/Roadway Subdivision] ORDINANCE NO. AN ORDINANCE OF THE CITY OF FREMONT, NEBRASKA, CONDITIONALLY ANNEXING BY VOLUNTARY PETITION APPROXIMATELY 57.3 ACRES, MORE FULLY DESCRIBED HEREIN, AND EXTENDING THE CORPORATE LIMITS TO INCLUDE SAID REAL ESTATE; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, voluntary petitions for conditional annexation were timely filed with the offices of the Department of Planning, City of Fremont (City); and WHEREAS, the City has determined that the subject property is contiguous with the corporate limits, and is urban or suburban in character and not rural in character; and WHEREAS, the City has determined that it is able to provide certain essential services, such as utilities, police and fire protection, for the subject property so that the inhabitants of said territory shall receive substantially the same services as other inhabitants of the City; and WHEREAS, a public hearing on the proposed annexation was held by the Planning Commission on June 20, 2016, at which time the Commission unanimously recommended in favor of the proposed annexation; and WHEREAS, the City has determined that it is in compliance with pertinent annexation requirements of Neb. Rev. Stat. §§ 16-117 and 31-781 through 31-786; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREMONT, NEBRASKA, AS FOLLOWS: SECTION I: CONDITIONAL ANNEXATION. That the following described real estate, contiguous and adjacent to the City of Fremont, Nebraska, urban or suburban in character and not rural in character, receiving material benefits and advantages from annexation to said City, to-wit: ALL OF ROADWAY SUBDIVISION, DODGE COUNTY, NEBRASKA shall without further action by the City of Fremont, Nebraska be included within the boundaries and territory of the City of Fremont, Nebraska and shall be included within the corporate limits of said City and become a part of said City for all purposes whatsoever, and the inhabitants of such addition shall be entitled to all the rights and privileges and be subject to all the laws, ordinances, rules and regulations of said City; upon the satisfaction of the following condition subsequent: The closing of the sale of the Hills Farm, Inc. land identified as Dodge County Assessor Parcel Numbers 270103523, 270136299, 270108703, 270102816, 270108640, 270139045 and 270139044 (all lying within Sections 25 and 26 T17N R8E, Dodge County, Nebraska) to Costco Wholesale Corporation or a wholly owned affiliate thereof by no later than February 28, 2017, failing which the annexation of the property shall not become effective and shall be deemed to be null and void without further action by the City of Fremont, Nebraska, provided that this condition may be waived in writing by SID 4 of Dodge County, Nebraska and any owner of property in Roadway Subdivision as currently platted and recorded in Dodge County, Nebraska. SECTION 2. REPEALER. All ordinances made in conflict with this Ordinance are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or  [SID 4/Roadway Subdivision] unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in full force fifteen days after its passage, approval, and publication as required by law. PASSED AND APPROVED THIS THE _____ DAY OF _____________________, 2016. Scott Getzschman, Mayor ATTEST: Tyler Ficken, City Clerk  Staff Report TO: Mayor and City Council FROM: Troy Anderson, Director of Planning DATE: June 17, 2016 SUBJECT: Voluntary Annexation Petition – Hills Farm Recommendation: Hold second reading. Background: A Voluntary Annexation Petition has been received by Hills Farm, Inc., requesting annexation of approximately 417.1 acres (423.1 acres measured) into the corporate limits. According to Nebraska Revised Statutes § 19-929, “The municipal governing body shall not take final action on matters relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning until it has received the recommendation of the planning commission if such commission in fact has been created and is existent.” The subject property is not identified in the Comprehensive Plan as a preferred or secondary area of future annexation and growth. However, as it pertains to unidentified annexation, according to the City’s Comprehensive Plan: The areas not identified for annexation are those that, at this time, are expected to occur beyond the horizon of this plan and which warrant evaluation upon the five-year update of this plan. Given the uncertainties of development though, these areas may be subject to annexation and development in which case the following principles may be used to guide the decision: • The decision to extend infrastructure and provide municipal services will include, among others, the location of the proposed development relative to existing development and the proximity to existing utilities and adequate road infrastructure. [development plans are being considered for the subject property including the extension of municipal services; the subject property is currently served by E Cloverly Rd., S Platte Ave., S Yager Rd., and S Downing St.] • The existing infrastructure systems have adequate capacities to accept and sustain the demands of the proposed development without an inordinate requirement for capital investment on behalf of the City. [the subject property is currently vacant/undeveloped and is generally considered as being served by existing infrastructure; development plans are being considered for the subject property and will require a traffic impact analysis to determine what improvements, if any, will need to be made] • The subject development will not disrupt an orderly and fiscally responsible progression of growth and development. [pending completion of annexation of the Roadway Subdivision to the north, the subject property will be considered continuous or adjacent to corporate limits and constitutes orderly and fiscally responsible progression of growth and development to the south and east] 
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      www.olssonassociates.com R ANNEXATION EXHIBIT TEL 402.341.1116 FAX 402.341.5895 2111 South 67th Street, Suite 200 ANNEXATION TRACT #2 Omaha, NE 68106 LEGAL DESCRIPTION S58°58'04"E A TRACT OF LAND TO BE ANNEXED INTO THE CITY OF FREMONT, LOCATED IN PART OF 191.84' SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, AND PART OF THE EAST HALF OF N88°05'46"E THE SOUTHWEST QUARTER OF SECTION 26, AND PART OF THE SOUTH HALF OF THE N2°06'54"W N88°10'00"E N87°52'30"E 1425.78' NORTHWEST QUARTER AND PART OF THE SOUTHWEST QUARTER AND PART OF THE WEST 283.94' 772.03' 33.00' HALF OF THE SOUTHEAST QUARTER OF SECTION 25, AND PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 8 N87°42'03"E S1°58'55"E EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS 545.50' POINT OF BEGINNING NORTHWEST CORNER R=1308.22' FOLLOWS: 842.47' OF THE SOUTHEAST QUARTER L=1030.78' OF SECTION 26, T17N, R8E CL=1004.32' S COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE N2°10'38"W 4 6 CENTER OF SECTION N87°43'50"E T=543.82' SOUTHWEST CORNER 12 °47 25-17-8 NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTHEASTERLY ON THE NORTH 1130.95' OF THE NW1/4 CB=S69°21'38"E 38 '16 FOUND 5/8" REBAR .4 "E LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER ON AN ASSUMED 1162.85' SECTION 25-17-8 0' BEARING OF N87°52'30”E, 33.00 FEET TO THE POINT OF BEGINNING; THENCE S58°58'04”E, N2°07'30"W R=260.00' 191.84 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST CLOVERLY S5°07'33"E 3° N2°07'45"W L=145.89' ROAD; THENCE N88°05'46”E ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF EAST CLOVERLY CL=143.98' 50 15'1 256.01' ROAD, 1425.78 FEET TO A POINT OF CURVATURE; THENCE ON A 1308.22 FOOT RADIUS 2604.69' 7. 1" 1178.00' T=74.92' 62 W CURVE TO THE RIGHT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF EAST CLOVERLY ROAD, N86°26'21"W S4 ' CB=S62°49'54"E AN ARC LENGTH OF 1030.78 FEET (LONG CHORD BEARS S69°21'38”E, 1004.32 FEET); 1931.80' N5 N87°49'55"E S 9°0 S2°10'14"E 4 THENCE S46°47'16”E ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF EAST CLOVERLY ROAD, 729.97' 6 69 5'58 149.93' 19 °46 7.4 "W 11 '20 1238.40 FEET TO A POINT OF CURVATURE; THENCE ON A 260.00 FOOT RADIUS CURVE TO 1' .8 "E 3' THE LEFT ON SAID SOUTHERLY RIGHT-OF WAY LINE OF EAST CLOVERLY ROAD, AN ARC LENGTH OF 145.89 FEET (LONG CHORD BEARS S62°49'54”E, 143.98 FEET); THENCE N2°07'45"W S43°15''11”W, 507.62 FEET; THENCE S02°10'141”E, 149.93 FEET; THENCE S87°49'55”E, 729.97 189.94' REVISIONS DESCRIPTION FEET; THENCE N02°07'45”W, 189.94 FEET; THENCE N02°07'45”W, 256.01 FEET TO A POINT ON ANNEXATION TRACT #1 THE APPROXIMATE SOUTHWESTERLY RAILROAD RIGHT-OF-WAY LINE; THENCE S46°46'20”E S2°11'37"E REVISIONS ANNEXATION TRACT #1 161.11' S87°49'05"W ON SAID SOUTHWESTERLY RAILROAD RIGHT-OF-WAY LINE, 1911.83 FEET TO A POINT ON N5 226.99' THE EAST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER; THENCE S02°14'28”E 9°0 LEGAL DESCRIPTION 12 8'09 ON SAID EAST LINE OF THE WEST HALF, 1107.05 FEET TO THE SOUTHEAST CORNER OF THE 31 .9 "W 2' SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S02°12'31”E ON THE EAST N2°09'03"W S2°14'28"E A TRACT OF LAND TO BE ANNEXED INTO THE CITY OF FREMONT, LOCATED IN PART OF LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, 306.92' NORTHEAST AND NORTHWEST QUARTERS OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 8 N6 1356.15 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD; 2°5 N70°58'58"W 1107.05' EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS 1 THENCE N70°35'17”W ON SAID NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD, 48 '54"W 290.07' S1°12'50"E DATE FOLLOWS: WITNESS CORNER TO 8.4 1410.04 FEET; THENCE N02°14'36”W, 711.27 FEET; THENCE N71°00'17”W, 375.56 FEET TO A SOUTHWEST CORNER N5 0' 8°5 POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 25; THENCE N71 SOUTH 1/4 CORNER BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 26, OF SECTION 25-17-8 98 7'36 °00'1 CONTINUING N71°00'17”W, 825.89 FEET; THENCE N70°58'58”W, 290.07 FEET; THENCE 631.29' 4.7 "W SECTION 25-17-8 TOWNSHIP 17 NORTH, RANGE 8 EAST, DODGE COUNTY, NEBRASKA, THENCE EASTERLY ON 5' 825 7"W FOUND ALUMINUM CAP N62°51'54”W, 488.40 FEET; THENCE S01°12'50”E, 631.29 FEET TO A POINT ON SAID SOUTH REV. .89' NO. AN ASSUMED BEARING OF N87°43'50”E ON THE NORTH LINE OF THE SOUTHWEST QUARTER SOUTHWEST CORNER OF SECTION 25-17-8 LINE OF THE SOUTHWEST QUARTER; THENCE N58°57'36”W ON THE NORTHERLY OF SECTION 26, 1130.95 FEET TO A POINT ON THE APROXIMATE WESTERLY RAILROAD RIGHT-OF-WAY LINE OF HILLS FARM ROAD, 984.75 FEET TO A POINT INTERSECTING THE NEBRASKA 2016 DESTROYED RIGHT-OF-WAY LINE; THENCE S05°07'33”E ON SAID WESTERLY RAILROAD RIGHT-OF-WAY NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD AND THE WEST RIGHT-OF WAY LINE N71°00'17"W N2°14'36"W LINE, 1178.00 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF OF YAGER ROAD; THENCE N02°09'03”W ON SAID WEST RIGHT-OF-WAY LINE OF YAGER 375.56' HILLS FARM ROAD; THENCE N59°05'58”W ON SAID NORTHERLY RIGHT-OF-WAY LINE; 697.41 1356.15' ROAD, 306.92 FEET TO THE NORTHEAST CORNER OF LOT 1R, REPLAT OF BLOCK 1 SOUTH FEET; THENCE CONTINUNING N86°26'21”W, ON SAID NORTHERLY RIGHT-OF-WAY LINE, FREMONT; THENCE S87°49'05”W ON THE NORTH LINE OF SAID LOT 1R, 226.99 FEET TO THE 1931.80 FEET; THENCE N02°10'38”W, 1162.85 FEET TO THE NORTHWEST CORNER OF LOT 6, 711.27' NORTHWEST CORNER OF SAID LOT 1R; THENCE S02°11'37”E ON THE WEST LINE OF SAID EAST INGLEWOOD SUBDIVISION, A PLATTED AND RECORDED SUBDIVISION IN DODGE S2°12'31"E LOT 1R, 161.11 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM COUNTY; THENCE N87°42'03”E ON THE NORTH LINE OF SAID LOT 6, 545.50 FEET TO THE ROAD; THENCE N59°08'09”W ON SAID NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM N70 HILLS FARM PROPERTY NORTHEAST CORNER OF SAID LOT 6; THENCE N02°06'54”W ON THE EAST LINE OF LOT 5, SAID °35 ROAD, 1231.92 FEET TO A POINT INTERSECTING SAID NORTHERLY RIGHT-OF-WAY LINE OF ANNEXATION EXHIBIT EAST INGLEWOOD SUBDIVISION, 283.94 FEET TO A POINT ON THE EAST LINE OF LOT 4, SAID 141 '17"W HILLS FARM ROAD AND THE EAST RIGHT-OF-WAY LINE OF SOUTH PLATTE AVENUE; THENCE 0.04 EAST INGLEWOOD SUBDIVISION; THENCE N88°10'00”E, 772.03 FEET TO A POINT ON THE WEST ANNEXATION TRACT #2 ' N02°07'30”W ON SAID EAST RIGHT-OF-WAY LINE OF SOUTH PLATTE AVENUE, 2604.69 FEET LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S01°58'55”E ON TO THE POINT OF BEGINNING. DODGE COUNTY SAID WEST LINE OF THE NORTHEAST QUARTER, 842.47 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS A CALCULATED AREA OF 2,839,313.53 SQ. FT. OR 65.18 SAID TRACT OF LAND CONTAINS A CALCULATED AREA OF 15,119,539.82 SQ. FT. OR 347.10 ACRES MORE OR LESS. ACRES MORE OR LESS. FREMONT drawn by: DSH checked by: approved by: QA/QC by: project no.: 016-1316 drawing no.: date: 06.16.16 SHEET 1 of 1  [Hills Farm] ORDINANCE NO. _________ AN ORDINANCE OF THE CITY OF FREMONT, NEBRASKA, CONDITIONALLY ANNEXING BY VOLUNTARY PETITION APPROXIMATELY 417.1 ACRES, MORE FULLY DESCRIBED HEREIN, AND EXTENDING THE CORPORATE LIMITS TO INCLUDE SAID REAL ESTATE; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a voluntary petition for conditional annexation was timely filed with the offices of the Department of Planning, City of Fremont (City); and WHEREAS, the City has determined that the subject property is contiguous with the corporate limits, and is urban or suburban in character and not rural in character; and WHEREAS, the City has determined that it is able to provide certain essential services, such as utilities, police and fire protection, for the subject property so that the inhabitants of said territory shall receive substantially the same services as other inhabitants of the City; and WHEREAS, a public hearing on the proposed annexation was held by the Planning Commission on June 20, 2016, at which time the Commission unanimously recommended in favor of the proposed annexation; and WHEREAS, the City has determined that it is in compliance with pertinent annexation requirements of Neb. Rev. Stat. § 16-117; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREMONT, NEBRASKA, AS FOLLOWS: SECTION 1: CONDITIONAL ANNEXATION. That the following described real estate, contiguous and adjacent to the City of Fremont, Nebraska, urban or suburban in character and not rural in character, receiving material benefits and advantages from annexation to said City, to-wit: A TRACT OF LAND TO BE ANNEXED INTO THE CITY OF FREMONT, LOCATED IN PART OF NORTHEAST AND NORTHWEST QUARTERS OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 8 EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 NORTH, RANGE 8 EAST, DODGE COUNTY, NEBRASKA, THENCE EASTERLY ON AN ASSUMED BEARING OF N87°43’50”E ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 26, 1130.95 FEET TO A POINT ON THE APROXIMATE WESTERLY RAILROAD RIGHT-OF-WAY LINE; THENCE S05°07’33”E ON SAID WESTERLY RAILROAD RIGHT-OF-WAY LINE, 1178.00 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD; THENCE N59°05’58”W ON SAID NORTHERLY RIGHT-OF- WAY LINE; 697.41 FEET; THENCE CONTINUNING N86°26’21”W, ON SAID NORTHERLY RIGHT-OF-WAY LINE, 1931.80 FEET; THENCE N02°10’38”W, 1162.85 FEET TO THE NORTHWEST CORNER OF LOT 6, EAST INGLEWOOD SUBDIVISION, A PLATTED AND RECORDED  [Hills Farm] SUBDIVISION IN DODGE COUNTY; THENCE N87°42’03”E ON THE NORTH LINE OF SAID LOT 6, 545.50 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE N02°06’54”W ON THE EAST LINE OF LOT 5, SAID EAST INGLEWOOD SUBDIVISION, 283.94 FEET TO A POINT ON THE EAST LINE OF LOT 4, SAID EAST INGLEWOOD SUBDIVISION; THENCE N88°10’00”E, 772.03 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE S01°58’55”E ON SAID WEST LINE OF THE NORTHEAST QUARTER, 842.47 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS A CALCULATED AREA OF 2,839,313.53 SQ. FT. OR 65.18 ACRES MORE OR LESS. AND, A TRACT OF LAND TO BE ANNEXED INTO THE CITY OF FREMONT, LOCATED IN PART OF SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, AND PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, AND PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER AND PART OF THE SOUTHWEST QUARTER AND PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, AND PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 17 NORTH, RANGE 8 EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE NORTHEASTERLY ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER ON AN ASSUMED BEARING OF N87°52’30”E, 33.00 FEET TO THE POINT OF BEGINNING; THENCE S58°58’04”E, 191.84 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST CLOVERLY ROAD; THENCE N88°05’46”E ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF EAST CLOVERLY ROAD, 1425.78 FEET TO A POINT OF CURVATURE; THENCE ON A 1308.22 FOOT RADIUS CURVE TO THE RIGHT ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF EAST CLOVERLY ROAD, AN ARC LENGTH OF 1030.78 FEET (LONG CHORD BEARS S69°21’38”E, 1004.32 FEET); THENCE S46°47’16”E ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF EAST CLOVERLY ROAD, 1238.40 FEET TO A POINT OF CURVATURE; THENCE ON A 260.00 FOOT RADIUS CURVE TO THE LEFT ON SAID SOUTHERLY RIGHT-OF WAY LINE OF EAST CLOVERLY ROAD, AN ARC LENGTH OF 145.89 FEET (LONG CHORD BEARS S62°49’54”E, 143.98 FEET); THENCE S43°15’’11”W, 507.62 FEET; THENCE S02°10’141”E, 149.93 FEET; THENCE S87°49’55”E, 729.97 FEET; THENCE N02°07’45”W, 189.94 FEET; THENCE N02°07’45”W, 256.01 FEET TO A POINT ON THE APPROXIMATE SOUTHWESTERLY RAILROAD RIGHT-OF-WAY LINE; THENCE S46°46’20”E ON SAID SOUTHWESTERLY RAILROAD RIGHT-OF- WAY LINE, 1911.83 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER; THENCE S02°14’28”E ON SAID EAST LINE OF THE WEST HALF, 1107.05 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE S02°12’31”E ON THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, 1356.15 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE  [Hills Farm] OF HILLS FARM ROAD; THENCE N70°35’17”W ON SAID NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD, 1410.04 FEET; THENCE N02°14’36”W, 711.27 FEET; THENCE N71°00’17”W, 375.56 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 25; THENCE CONTINUING N71°00’17”W, 825.89 FEET; THENCE N70°58’58”W, 290.07 FEET; THENCE N62°51’54”W, 488.40 FEET; THENCE S01°12’50”E, 631.29 FEET TO A POINT ON SAID SOUTH LINE OF THE SOUTHWEST QUARTER; THENCE N58°57’36”W ON THE NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD, 984.75 FEET TO A POINT INTERSECTING THE NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD AND THE WEST RIGHT-OF WAY LINE OF YAGER ROAD; THENCE N02°09’03”W ON SAID WEST RIGHT-OF-WAY LINE OF YAGER ROAD, 306.92 FEET TO THE NORTHEAST CORNER OF LOT 1R, REPLAT OF BLOCK 1 SOUTH FREMONT; THENCE S87°49’05”W ON THE NORTH LINE OF SAID LOT 1R, 226.99 FEET TO THE NORTHWEST CORNER OF SAID LOT 1R; THENCE S02°11’37”E ON THE WEST LINE OF SAID LOT 1R, 161.11 FEET TO A POINT ON SAID NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD; THENCE N59°08’09”W ON SAID NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD, 1231.92 FEET TO A POINT INTERSECTING SAID NORTHERLY RIGHT-OF-WAY LINE OF HILLS FARM ROAD AND THE EAST RIGHT-OF-WAY LINE OF SOUTH PLATTE AVENUE; THENCE N02°07’30”W ON SAID EAST RIGHT-OF-WAY LINE OF SOUTH PLATTE AVENUE, 2604.69 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS A CALCULATED AREA OF 15,119,539.82 SQ. FT. OR 347.10 ACRES MORE OR LESS. shall without further action by the City of Fremont, Nebraska be included within the boundaries and territory of the City of Fremont, Nebraska and shall be included within the corporate limits of said City and become a part of said City for all purposes whatsoever, and the inhabitants of such addition shall be entitled to all the rights and privileges and be subject to all the laws, ordinances, rules and regulations of said City upon the satisfaction of the following conditions subsequent: (a) The closing of the sale of the property described above by Hills Farm, Inc. to Costco Wholesale Corporation or a wholly owned affiliate thereof by no later than February 28, 2017, failing which the annexation of the property shall not become effective and shall be deemed to be null and void without further action by the City of Fremont, provided that this condition may be waived in writing by Hills Farm, Inc.; and (b) The annexation and merger of SID 4 of Dodge County, Nebraska as approved by Ordinance No. 2016-_______ by the City Council of the City of Fremont, Nebraska on _______________, 2016. SECTION 2: REPEALER. All ordinances made in conflict with this Ordinance are hereby repealed. SECTION 3: SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate,  [Hills Farm] distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof. SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect and be in full force fifteen days after its passage, approval, and publication as required by law. APPROVED AND PASSED THIS THE _____ DAY OF _____________________, 2016. Scott Getzschman, Mayor ATTEST: Tyler Ficken, City Clerk  Staff Report TO: Mayor and City Council FROM: Troy Anderson, Director of Planning DATE: June 17, 2016 SUBJECT: Zoning Change – 2200 S Downing St. Recommendation: Hold second reading. Background: The agent for the owner of approximately 83.3 acres located at 2200 S Downing St., TJ Design Strategies, on behalf of Costco Wholesale Corporation, is requesting approval of a zoning change from AG Agricultural to GI General Industrial. The reason for the request is to further development plans of the subject property. The subject property is located along the east side of S Downing St. between Union Pacific railroad right-of-way to the north and Hills Farm Rd. to the south. Properties to the north, opposite the Union Pacific railroad right-of-way, Old Highway 275, and Proctor Rd., is zoned LI Limited Industrial and are listed as commercial uses by the Dodge County Assessor; property immediately east of the subject property is zoned AG Agricultural and is listed as agricultural, property to the south, opposite Hills Farm Rd. is zoned AG Agricultural, and is listed as agricultural; properties to the west are zoned AG Agricultural and GI General Industrial and are listed as residential and agricultural, respectively. The subject property is currently vacant/undeveloped and is listed as agricultural. The Future Land Use Plan identifies the subject property as Industrial. General Industrial would therefore be consistent with the City’s Comprehensive Plan for Future Land Use and Character. Fiscal Impact: N/A 
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      [Hills Farm Tract 4] ORDINANCE NO. AN ORDINANCE OF THE CITY OF FREMONT, NEBRASKA, AMENDING PARAGRAPH “B” OF ARTICLE 406 OF ORDINANCE NO. 3939 TO REZONE THE PROPERTY DESCRIBED HEREIN, MORE GENERALLY LOCATED AT 2200 S DOWNING STREET, FREMONT, NEBRASKA, FROM AG AGRICULTURAL TO GI GENERAL INDUSTRIAL; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Fremont, Nebraska, seeks to promote the health, safety, morals, and the general welfare of the community; and WHEREAS, a request for Zoning Change was filed with the offices of the Department of Planning, City of Fremont (City); and WHEREAS, the City has determined that the subject property is zoned AG Agricultural and adjoins property owned by the same party that is zoned GI General Industrial; and WHEREAS, the owner desires zoning district designation of GI General Industrial upon satisfaction of the conditions set forth below; and WHEREAS, a public hearing on the proposed Zoning Change was held by the Planning Commission on June 20, 2016, and subsequently by the City Council on June 21, 2016; and WHEREAS, the City has determined that such proceedings were in compliance with Neb. Rev. Stat. §19-904 pertaining to zoning regulations and restrictions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FREMONT, NEBRASKA, AS FOLLOWS: SECTION I. CONDITIONAL ZONING. That paragraph “b” of Article 406 of Ordinance No. 3939 as it pertains to the Official Zoning Map is changed to rezone the following described real estate, from AG Agricultural to GI General Industrial: [TAX LOTS 22, 23, AND 24, LOCATED IN SECTION 36, TOWNSHIP 17 NORTH, RANGE 8 EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA; AND TAX LOT 44, LOCATED IN LOCATED IN SECTION 25, TOWNSHIP 17 NORTH, RANGE 8 EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA]A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 36, AND THE SOUTHEAST QUARTER (SE1/4) OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 8 EAST OF THE 6TH P.M., DODGE COUNTY, NEBRASKA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER (NE1/4), SAID CORNER ALSO BEING THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER (SE1/4); THENCE ON AN ASSUMED BEARING OF N02°10’04”W ON THE WEST LINE OF SAID SOUTHEAST QUARTER (SE1/4), 2428.25 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF OLD HIGHWAY 275; THENCE S46°46’20”E ON SAID SOUTH RIGHT-OF-WAY LINE OF OLD HIGHWAY 275, 1865.14 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST QUARTER (SE1/4); THENCE S02°14’28”E ON THE EAST LINE OF SAID SOUTHEAST QUARTER (SE1/4), 1107.05 FEET TO THE SOUTHEAST CORNER OF SAID  [Hills Farm Tract 4] SOUTHEAST QUARTER (SE1/4), SAID CORNER ALSO BEING THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER (NE1/4); THENCE S02°12’31”E ON THE EAST LINE OF SAID NORTHEAST QUARTER (NE1/4), 1356.15 FEET; THENCE N70°35’17”W, 1410.04 FEET TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER (NE1/4); THENCE N02°13’43”W ON SAID WEST LINE OF THE NORTHEAST QUARTER (NE1/4), 844.27 FEET TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS A CALCULATED AREA OF 3,758,234.86 SQUARE FEET OR 86.277 ACRES, MORE OR LESS upon the satisfaction of the following condition subsequent: The closing on the sale of the property described above by Hills Farm, Inc. to Costco Wholesale Corporation or a wholly owned affiliate thereof by no later than February 28, 2017, failing which the rezoning of the property described herein shall not become effective and shall be deemed to be null and void without further action by the City of Fremont, provided that this condition may be waived in writing by Hills Farm, Inc. SECTION 2. REPEALER. That part of the official zoning map referred to in Paragraph “b” of Article 406 of Ordinance No. 3939 or any other section of said ordinance in conflict with this ordinance is hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or application hereof. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in full force fifteen days after its passage, approval, and publication as required by law. PASSED AND APPROVED THIS THE _____ DAY OF _____________________, 2016. Scott Getzschman, Mayor ATTEST: Tyler Ficken, City Clerk