VILLAGE OF EAGLE
August 21, 2017
The Village Board of Trustees met in regular session at 7:00 p.m. on August 21, 2017 with Moore, Young, Rash, Schukei and Meier present. The Agenda items listed thereon were sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Chairperson, at the beginning of the meeting, informed the public about the location of the posted current copy of the Open Meetings Act. Chairperson Moore named the three (3) areas where the agenda was posted as follows: Village Clerk’s Office, Eagle Fire & Rescue Department and Eagle State Bank.
Chairperson Moore opened the Public Hearing at 7:00 p.m. for the purpose of hearing testimony concerning a zoning change and amendment of the Eagle Zoning Map from AG (Agricultural) to RE (Residential Estates) for Sublot 1 of Tax Lot 6 located in the Southwest Quarter of the Southwest Quarter of Section 28, Township 10 North, Range 9 East of the 6th Principal Meridian, Eagle, Cass County, Nebraska, and the consideration of a Final Plat submitted by Civil Design Group, Inc. pertaining to said property. Moore said tonight the board has received a letter from Olsson Associates, Timothy Kenny (21902 A St.) and a rough draft of proposed covenants from Nick Beetison (1020 S. 214th St.) which will all be entered into the hearing. Freeman-Caddy said one item she noted is the need for utility right-of-way easements required by Section 4.17 in the Subdivision Regulations. Darrick Rademacher (Civil Design Group) said these easements will be added in addition to the conservation easement that was determined to exist at the Planning Commission meeting last week. Rademacher said because the Comprehensive Plan shows a future arterial roadway along the northern lot line, Beetison is willing to grant a 50’ easement the entire northern length of the property. Justin Stark (Olsson Associates) discussed the couple items missing from the Final Plat. Schukei asked if Cass County Rural Water has been contacted in regards to water service. Rademacher said the intent is to utilize Cass County Rural Water only if well water is not available. Freeman-Caddy noted that per Section 6.01 of the Subdivision Regulations, if streets are not to be dedicated and are to be developed as private streets, the subdivider shall make an adequate provision for a Homeowners’ Association with direct responsibility to and control by the property owners of the subdivision, to provide for the maintenance of all such private streets and the removal of debris and snow as to maintain adequate access at all times for fire, police, sanitation, utility and emergency vehicles. Freeman-Caddy said there was discussion about animals at the Planning Commission hearing, and per Section 8.09.04 of the Supplemental Regulations, horses and other members of the horse family are not allowed in Residential Estates zoning. Moore asked if there were any comments or questions from the public and limited testimony to no longer than five minutes per person. Richard Sittner (21744 A St.) asked about covenant requirements. Freeman-Caddy said the Village does not require or control covenants but it does require a Homeowners’ Association to maintain the private streets. Sittner asked if he would contact the Homeowners’ Association if he had any issues with the proposed properties. Freeman-Caddy said yes. Sue Buck (1060 S. 214th St.) asked if the subdivider knows where the proposed homes will be located on the properties and who will be responsible if an increase in water flow occurs and damages her property. Stark said the Final Plat will not indicate where the homes will be located and that will be covered during the building permit process. Freeman-Caddy said a drainage and erosion plan will be required if any modifications are performed on the grade of the land. Buck asked if lagoons will be acceptable. Freeman-Caddy said lagoons are regulated by the Department of Environmental Quality. Buck asked if there was a way to prohibit lagoons at this time. Stark said no. Buck asked who was going to be head of the Homeowners’ Association. Beetison said he will be the head of the Homeowners’ Association. Buck asked if taxes will increase in the vicinity. Rademacher said the proposal does not include the rezoning of neighboring properties but he is unsure of the effect on property taxes for neighboring property owners. Tim Kenny (21902 A St.) said he has been unable to identify the number of Planning Commission members the Village currently has. Freeman-Caddy said there are seven Planning Commission members according to the Eagle Municipal Code book. Kenny said he objected to the withholding of a letter by the Planning Commission at the August 17, 2017 meeting and was informed by the Chair (Terry Caddy) the letter was confidential and was protected by attorney-client privilege; it is believed the Planning Commission withheld information about public policy making from the public using a confidential information excuse. Kenny said tonight is the first time the neighboring property owners have seen a draft of the proposed restrictive covenants and Village engineer’s letter and they would request additional time to review these documents before a decision is made. Kenny said the neighboring property owners continue to hold that the Beetison application is an application for a “spot zoning” which is not allowed under Comprehensive Development Plan or the Zoning and Subdivision Regulations; with respect to the application, an approved current land use plan for the area has been repeatedly requested. Furthermore, there is no evidence that the Village or the planning staff has ever planned or received public input on the required elements of an extraterritorial jurisdiction land use plan such as street and road design, street location, off street parking and sidewalk guidelines, school sites, water utilities, public utility easements, park sites, school bus loading zones, traffic flows, environmental issues, snow storage, fire protection and hydrants, water connections, sewer connections or quality of life improvements. Kenny said the vision of the board seems to be that three acre lots with unpaved streets meets the standards for a subdivision in our community; this vision is discouraging and will be of great concern to the residents and businesses in the 3,680 estimated acres in the ETJ of the Village of Eagle. Moore asked if there were any additional comments from the attorney or engineer. Freeman-Caddy said in regards to “spot zoning”, the Village’s Comprehensive Development Plan provides a Future Land Use Map which provides that single family is the identified future use projection for this land, with a small portion included in the Mixed Commercial/Industrial zone, which is more intensive, on the western edge; as defined in Section 2.02.406, “spot zoning” shall mean an arbitrary zoning or rezoning of a small tract of land that is not consistent with the comprehensive land use plan and primarily promotes the private interest of the owner rather than the general welfare. “Spot zoning” usually results from an up-zoning to a more intensive use classification. Freeman-Caddy said this proposed subdivision borders two single family properties that are less than 10 acres, one that is 10.01 acres and two parcels owned by Mr. Kenny that are 14.20 and 24.53 acres. All parcels contain a single family residence except the 24.53 acre tract. Freeman-Caddy said from her perspective and research of case law she does not believe this qualifies as “spot zoning”. Kenny said he would observe that a future land use map does not constitute a land use plan and that the current application proposes lots 40% smaller than the smallest lot in the vicinity. Freeman-Caddy said the majority of the lots in this vicinity are single family.
Motion by Meier, second by Young, to close the public hearing at 7:34 p.m. Ayes – 5. Motion carried.
Chairperson Moore called the regular meeting to order 7:35 p.m.
Motion by Rash, second by Young, to table the approval of a zoning change and amendment of the Eagle Zoning Map from AG (Agricultural) to RE (Residential Estates) for Sublot 1 of Tax Lot 6 located in the Southwest Quarter of the Southwest Quarter of Section 28, Township 10 North, Range 9 East of the 6th Principal Meridian, Cass County, Nebraska, and the Final Plat submitted by Civil Design Group until the September 5, 2017 board meeting. Voting: Ayes – 5. Motion carried.
Open Forum – Natasha Hoyer (Bailey’s Local) said she recognizes there has been some frustration with bicycles being parked on sidewalks on Tuesday nights and realizes there is a lack of proper parking for bicyclists. She is open to suggestions from the Village and public to help resolve this issue rather than running off the bicyclists. Moore said he has begun researching options for bicycle parking being used in other communities to help alleviate these concerns. Willa DiCostanzo (720 S. 5th St.) suggested using bike valets through Outdoor Adventures at the University of Nebraska-Lincoln as a possible option. John Surman (450 Eagle Dr.) said he visited Hastings and noticed they have a splash pad which utilizes water circulation and purification and requires no lifeguards and little expense. Surman recommended the board look into this option for the younger generation to determine the pros and cons. Ron Schmidt (230 S. 5th St.) said there is a possible water leak at 2nd & B Street which appears to be coming from the south. The Water Board will look into this concern and report back to the board. Schmidt said there have been messages posted on Eagle Echo concerning problems at the pool and asked if these concerns were valid. Moore said there was a fair share of inaccurate information on these posts but he will not debate these issues without the individual author being present at the meeting. Further pool discussion will be held at the next board meeting on September 5, 2017.
Motion by Rash, second by Schukei, to approve Sid Dillon’s invoice for repairs to Rescue Unit 10 in the amount of $1,353.22. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Meier, to introduce Resolution 2017-06. Voting: Ayes – 5. Motion carried.
Chairperson Moore read Resolution 2017-06 entitled:
RESOLUTION NO. 2017-06
A RESOLUTION OF THE VILLAGE BOARD OF EAGLE, NEBRASKA TO APPROVE AN EXTENSION OF THE LOTTERY OPERATOR AGREEMENT WITH EHPV LOTTERY SERVICES LLC
WHEREAS, the Village of Eagle (“Eagle”) currently has a Lottery Operator Agreement with EHPV Lottery Services LLC, a Nebraska limited liability company doing business as Big Red Keno (“Contractor”), as the operator of a Keno-style lottery in Eagle; and
WHEREAS, the Lottery Operator Agreement currently expires on September 9, 2017, unless extended or renewed upon mutual agreement of Eagle and the Contractor; and
WHEREAS, Eagle and the Contractor wish to extend the Lottery Operator Agreement, to expire on October 31, 2017;
NOW, THEREFORE, BE IT RESOLVED by the Village Board of Eagle, Nebraska, that Amendment No. 4 to Lottery Operator Agreement is hereby approved and adopted and should be executed upon a form approved by the Village Attorney.
Motion by Rash, second by Meier, to adopt Resolution 2017-06. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Meier, to approve Amendment No. 4 to the Lottery Operator Agreement with EHPV Services, LLC. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Meier, to introduce Resolution 2017-07. Voting: Ayes – 5. Motion carried.
Chairperson Moore read Resolution 2017-07 entitled:
RESOLUTION NO. 2017-07
A RESOLUTION OF THE VILLAGE BOARD OF EAGLE, NEBRASKA TO APPROVE AN INTERLOCAL AGREEMENT WITH THE CITY OF OMAHA FOR THE OPERATION OF A KENO LOTTERY
WHEREAS, under provisions of the Interlocal Cooperation Act, NEB. REV. STAT. §§ 13-801—13-827, the Village of Eagle (“Eagle”) is authorized to enter into an interlocal agreement (the “Interlocal Agreement”) to provide for the establishment and operation of one or more keno satellite locations in Eagle by the City of Omaha (“Omaha”) pursuant to Omaha’s Lottery Operator Agreement and February 23, 2016 Renewal Agreement (together, the “Lottery Operator Agreement”) with EHPV Lottery Services LLC, a Nebraska Limited Liability Company (the “Lottery Operator”); and
WHEREAS, Eagle desires to enter into such Interlocal Agreement to provide keno satellite locations in Eagle.
IT IS THEREFORE RESOLVED by the Village Board that it is in the best interests of Eagle to enter into an Interlocal Agreement for the operation of keno facilities in Eagle, and that Eagle should enter into an agreement with Omaha to allow the establishment and operation of such keno satellite facilities under the Omaha Lottery conducted by the Lottery Operator pursuant to the Lottery Operator Agreement. That pursuant to this Resolution, Eagle is authorized to execute and approve the Interlocal Agreement with Omaha, a copy of said Interlocal Agreement is attached hereto and incorporated by this reference as if fully set forth herein.
IT IS FURTHER RESOLVED that the Village Board Chair and Village Clerk are hereby authorized to execute and deliver the Interlocal Agreement with Omaha, and any other documents required to facilitate the establishment and operation of keno satellites in Eagle by the Omaha Lottery conducted by the Lottery Operator pursuant to the Lottery Operator Agreement.
This resolution shall be in full force and effect from and following the passage and publication hereof as required by law.
Motion by Rash, second by Meier, to adopt Resolution 2017-07. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Young, to approve an Interlocal Agreement with the City of Omaha to establish and maintain the operation of the Keno Lottery in the Village of Eagle. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Meier, to introduce Resolution 2017-08. Voting: Ayes – 5. Motion carried.
Chairperson Moore read Resolution 2017-08 entitled:
RESOLUTION NO. 2017-08
A RESOLUTION OF THE VILLAGE BOARD OF EAGLE, NEBRASKA ESTABLISHING RESTRICTIONS ON PARTICIPATION IN THE KENO LOTTERY CONDUCTED IN THE VILLAGE OF EAGLE
BE IT RESOLVED BY THE VILLAGE BOARD OF THE VILLAGE OF EAGLE, NEBRASKA:
SECTION 1. No individual under the age of 19 shall play or participate in any way in the keno lottery established and conducted in the Village.
SECTION 2. No owner or officer of a lottery operator conducting a lottery in the Village shall play such lottery at any time.
SECTION 3. No employee or agent of the Village, lottery operator, or sales outlet location shall play the keno lottery conducted in the Village during such time as he or she is actually working at such lottery or while on duty for the lottery. This restriction also prohibits an individual from purchasing a multirace ticket for which some or all of the games will be called while the individual is on duty.
SECTION 4. Nothing herein shall prohibit the playing of any lottery conducted in the Village by any member of the Village Board, a Village official, or the immediate family of any such member or official, except as otherwise expressly prohibited by this resolution.
SECTION 5. This resolution supercedes and replaces any and all prior resolutions of this Village regarding restrictions on participation in the keno lottery. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION 6. This resolution shall be in full force and effect from and following the passage and publication hereof as required by law.
Motion by Rash, second by Meier, to adopt Resolution 2017-08. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Meier, to introduce Resolution 2017-09. Voting: Ayes – 5. Motion carried.
Chairperson Moore read Resolution 2017-09 entitled:
RESOLUTION NO. 2017-09
A RESOLUTION OF THE VILLAGE BOARD OF EAGLE, NEBRASKA, ESTABLISHING QUALIFICATION STANDARDS FOR ANY BUSINESS SEEKING TO HAVE ITS LOCATION QUALIFY AS AN AUTHORIZED SALES OUTLET LOCATION FOR CONDUCTING THE KENO LOTTERY WITHIN THE CORPOATE LIMITS OF THE VILLAGE OF EAGLE, NEBRASKA.
BE IT RESOLVED BY THE VILLAGE BOARD OF THE VILLAGE OF EAGLE, NEBRASKA:
SECTION 1. The following qualification standards are established by the Village of Eagle and must be met by any individual, sole proprietorship, partnership, limited liability company, or corporation seeking to have its location qualify as an authorized sales outlet location for conducting keno lottery within the corporate limits of the Village of Eagle.
(1) Each applicant for a keno sales outlet location shall submit to the Village of Eagle:
(a) A copy of the completed Nebraska Schedule II/Form 50g-County/City Lottery Sales Outlet Location application as required by the Division of Charitable Gaming of the Nebraska Department of Revenue.
(b) A copy of the written agreement between the lottery operator and the sales outlet location, hereinafter referred to as “satellite location”.
(c) Any other information reasonably requested by the Village of Eagle.
(2) The Village of Eagle must be immediately notified of any interruption or cessation of operations at any keno satellite location. The Village Board will approve all satellite locations subject to the procedures and criteria set forth herein by resolution prior to the licensing of said satellite location and the conducting of any keno lottery operation there.
(3) The direct or indirect transfer of any financial interest in the satellite location will automatically terminate the Village’s approval of said satellite location provided, however, the satellite operator will be permitted to remain in operation for a period not to exceed one hundred twenty (120) days under an agency agreement with the prior existing satellite operator. During said one hundred twenty (120) day period, the applicant will diligently pursue the application process and procedure. Also during said one hundred twenty (120) day period the Village may revoke continued operation of the proposed application for due cause. Conduct of the keno lottery at said satellite location will thereafter continue only upon application to the Village of Eagle and approval thereof pursuant to the terms and conditions of this resolution.
(4) Satellite Keno Location Criteria.
(a) All locations must provide the number of off-street parking stalls required by the regulations of the Village of Eagle.
(b) All locations must provide seating capacity sufficient to accommodate persons who may wish to come to the location to observe or play keno or to engage in any other activities conducted on the premises.
(c) All locations must have sufficient facilities to permit the sale of keno tickets.
(d) All locations must have a board or other monitor, clearly visible to players, on which the winning numbers are displayed.
(e) All locations must have proper security for the keno lottery operations and associated activities.
(f) All persons with any direct or indirect financial interest in the operation of keno at any location must be of good character and financially responsible.
(g) The operation of the keno lottery at any satellite location must not create any undue impact on the surrounding neighborhood due to noise, congestion, or other circumstances.
(h) All locations and operations at all locations must meet all requirements of applicable federal, state, and local law.
SECTION 2. This resolution supercedes and replaces any and all prior resolutions of this Village regarding qualification standards for keno sales outlets. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
SECTION 3. This resolution will be in full force and effect from and following the passage and publication hereof as required by law.
Motion by Rash, second by Meier, to adopt Resolution 2017-09. Voting: Ayes – 5. Motion carried.
Motion by Young, second by Rash, to introduce Resolution 2017-10. Voting: Ayes – 5. Motion carried.
Chairperson Moore read Resolution 2017-10 entitled:
RESOLUTION NO. 2017-10
A RESOLUTION APPROVING BAILEY’S LOCAL AS A SALES OUTLET LOCATION IN THE VILLAGE OF EAGLE UNDER THE INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF EAGLE AND THE CITY OF OMAHA
WHEREAS, under provisions of the Interlocal Cooperation Act, NEB. REV. STAT. §§ 13-801—13-827, the Village of Eagle (“Eagle”) has entered into an interlocal agreement (the “Interlocal Agreement”) to provide for the establishment and operation of one or more keno satellite locations in Eagle by the City of Omaha (“Omaha”) pursuant to Omaha’s Lottery Operator Agreement (the “Lottery Operator Agreement”) with EHPV Lottery Services LLC, a Nebraska Limited Liability Company (the “Lottery Operator”).
WHEREAS, Bailey’s Local, 540 S. 4th Street, Eagle, Nebraska desires and has requested to become a keno satellite operation under the Omaha Lottery.
WHEREAS, Eagle has determined that said facility is an appropriate keno satellite facility.
NOW THEREFORE, IT IS RESOLVED by the Village Board that Bailey’s Local located at 540 S. 4th Street, Eagle, Nebraska is approved for the operation of keno facilities in Eagle under the Omaha Lottery conducted by the Lottery Operator pursuant to the Lottery Operator Agreement, and all pursuant to the Interlocal Agreement between Eagle and Omaha for the operation of a keno lottery.
BE IT FURTHER RESOLVED that the said operation by Bailey’s Local of the keno satellite facility shall be governed by the village ordinances and resolutions for the Village of Eagle relating to location qualifications and standards as adopted from time to time.
This resolution shall be in full force and effect from and following the passage and publication hereof as required by law.
Motion by Young, second by Rash, to adopt Resolution 2017-10. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Schukei, to approve the closure of 4th Street between ‘D’ and ‘E’ Street on August 26, 2017 for Bailey’s Local. Voting: Ayes – 5. Motion carried.
Motion by Schukei, second by Meier, to approve minutes as typed for the previous meeting. Voting: Ayes – Young, Rash, Meier, Schukei. Moore abstained. Motion carried.
The meeting was adjourned at 9:34 p.m.
Nick Nystrom Travis Moore
Village Clerk Chairperson
A true and complete copy of the above minutes is available at the Village Clerk’s Office during regular business hours.