VILLAGE OF EAGLE
December 18, 2017
The Village Board of Trustees met in regular session at 7:00 p.m. on December 18, 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 Conditional Use Permit at Sublot 1 of 3 located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 10 North, Range 9 East of the 6th Principal Meridian, Cass County, Nebraska, containing 1.28 acres, for the use of automotive sales. Moore asked if there were any comments or questions from the public. There were no comments or questions from the public.
The public hearing was closed at 7:01 p.m.
Motion by Rash, second by Schukei, to approve a Conditional Use Permit at Sublot 1 of 3 located in the Northeast Quarter of the Northeast Quarter of Section 28, Township 10 North, Range 9 East of the 6th Principal Meridian, Cass County, Nebraska, containing 1.28 acres, for the use of automotive sales. Voting: Ayes – 5. Motion carried.
Chairperson Moore opened the Public Hearing at 7:02 p.m. for the purpose of hearing testimony concerning a Preliminary Plat, Final Plat, Subdivision Application and Request for Annexation submitted by RLM Enterprises, Inc., pertaining to +/- 15.92 acres located in Outlots ‘C’ & ‘D’ Hartland Homes Eagle Estates, located in the Southwest Quarter of Section 20, Township 10 North, Range 9 East of the 6th Principal Meridian, Cass County, Nebraska. Lyle Loth (Rega Engineering) was present on behalf of Roland Meyer (RLM Enterprises). Loth said the proposed development is a continuation of the Hartland Homes project that began in 2007. The remaining balance of the proposed development includes 51 lots and a public park. Loth said the lift station that serves this area was originally constructed to handle the capacity of all 74 lots. Modifications that have been incorporated since the Planning Commission hearing include an increase to 7” thick pavement and some of the language found in the plats and Subdivision Agreement. Loth said the majority of mass grading occurred during the time Hartland Homes owned the property but some minor grading will still be required primarily in the area where streets will be constructed. The developer has been recommended to install sanitary sewer, water mains, storm sewer and pavement prior to building construction. Loth said plans have been submitted to the Nebraska Department of Environmental Quality and Nebraska Health & Human Services for approval. Schukei said he would prefer to see an 8” water main installed along 14th Street to accommodate future development to the south. Loth and Meyer said they do not have an issue with upsizing the proposed 6” water main to 8” along 14th Street. Schukei said he would prefer better access to the proposed park space for trucks and emergency vehicles. Moore asked what size of access is currently proposed at the park site. Loth said 10 feet in width; one possible option is to move the access point to the west side of Lot 1 along Olivia Drive to free up some additional space. Schukei inquired about parking issues on Olivia Drive from residents trying to access the park. Loth said this comment was also brought up at the Planning Commission hearing and he feels these types of parks are designed to be neighborhood parks that are accessed primarily by pedestrians on foot. Schukei said the proposed park is also adjacent to the MoPac Trail which could benefit bicyclists. Moore said the board could work with the Lower Platte South NRD in the future to create an access for bicyclists off the MoPac Trail. Moore asked if the proposed access to the park will be paved. Loth said not necessarily. Schukei said he would prefer this area be paved up to the park to create easier access for emergency vehicles. Justin Stark (Olsson Associates) said if pavement isn’t installed it may create an issue with neighboring property owners not understanding that an access easement exists. Freeman-Caddy asked what width the concrete is on the east side of Olivia Drive that accesses the MoPac Trail. Schukei said 4 feet. Moore asked if there were any additional comments from the Village engineer or attorney. Stark said he will put together an official set of comments and recommendations to the developer after the conclusion of the meeting. Freeman-Caddy said she will do the same pertaining to the Subdivision Agreement. Freeman-Caddy asked how the developer handles the construction of sidewalks. Loth said sidewalks are typically installed as houses are built or within two years per the proposed Subdivision Agreement. Freeman-Caddy said the Village of Eagle is not responsible for the installation of electricity, street lights or natural gas mains. Loth said both OPPD and Black Hills Energy have been contacted and are aware of the proposed development. Freeman-Caddy said the post office will need to be contacted regarding mail cluster boxes. Loth said he anticipates the need for two additional mail cluster boxes. Freeman-Caddy asked if the engineer has reviewed the cost estimates of improvements and made a determination if the escrow amount is satisfactory. Stark said escrow will need a slight increase to take into account the installation of street lights, the small portion of sidewalk on Olivia Drive and upsizing the water main on 14th Street. Freeman-Caddy asked if compaction testing of the proposed streets is included in the development plan. Stark said there are specifications included in the construction drawings that lay out filling, compaction and required testing. Terry Caddy said the Planning Commission had some discussion about potential security and visibility issues at the proposed park due to its isolated location and asked the board to consider an 8 foot paved access for emergency vehicles. Moore asked if there were any additional comments from the public. Roger Peterson (466 N 202nd St.) shared his concerns with parking and access to the proposed park. Moore said it was discussed moving the access to the park to the west side of Lot 1 on Olivia Drive. Peterson said he has concerns with individuals utilizing the park directly behind his property as this will create opportunities for trespassing and vandalism. Moore asked if the possibility of a fence or barrier would ease any of these concerns. Peterson said he would be interested in working with the Village to install a fence or barrier to help alleviate his liability concerns. Peterson asked about added traffic on 202nd Street with the proposed development. Moore said Cass County and the Nebraska Department of Transportation would be responsible for upkeep and traffic control on 202nd Street. Peterson asked about street light locations. Loth said OPPD will assist the developer on design and location of street lights.
The public hearing was closed at 7:36 p.m.
Motion by Rash, second by Young, to approve the Preliminary Plat for Outlots ‘C’ & ‘D’ Hartland Homes, Eagle Estates, located in the Southwest Quarter of Section 20, Township 10 North, Range 9 East of the 6th Principal Meridian, Cass County, Nebraska. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Schukei, to approve Scott, Angela and Makinsey Lonergan as members of the Eagle Fire & Rescue Department. Voting: Ayes – 5. Motion carried.
Open Forum – No public comment.
Motion by Rash, second by Schukei, to introduce Resolution 2017-16. Voting: Ayes – 5. Motion carried.
Chairperson Moore read Resolution 2017-16 entitled:
RESOLUTION NO. 2017-16
(LEASE OF REAL PROPERTY HAVING A VALUE GREATER THAN $5,000.00
Neb. Rev. Stat. §17-503)
WHEREAS, the Village of Eagle, Cass County, Nebraska, is the owner of the following described real property, to wit:
LOTS 8, 9, AND 10, BLOCK 14 Village of Eagle Cass County, Nebraska
WHEREAS, the Village of Eagle, Nebraska desires to enter into a written lease agreement, leasing a portion of the above-described property to Verizon Wireless LLC d/b/a/Verizon Wireless, which includes the grant of ingress/egress easements and additional right of way easement and,
WHEREAS, the Board of Trustees of the Village of Eagle, Nebraska, has determined that the fair market value of the above real property leasehold interest has a value greater than $5,000.00,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF EAGLE AS FOLLOWS:
1. That Board of Trustees of the Village of Eagle, Cass County, be permitted to enter into a written lease agreement, leasing and granting easements to the above-described property to Verizon Wireless LLC pursuant to terms, conditions and a specific legal description for the lease and easements as set forth in said lease agreement, a copy of which, entitled “WATER TOWER LEASE AGREEMENT”, is attached hereto and marked Exhibit “A”, and incorporated herein by reference.
1. That the terms of the Lease Agreement shall be finalized by the adoption by the Board of Trustees of the Village of Eagle, Nebraska, of an Ordinance authorizing the leasing, as aforenoted, of the above real property to Verizon Wireless LLC, pursuant to the terms and conditions of the aforenoted Lease Agreement.
BE IT FURTHER RESOLVED that the Clerk of the Village of Eagle Nebraska, shall publish notice of the proposed lease and grant of easements in the above-described real property, and the terms thereof, once each week for three consecutive weeks in the Plattsmouth Journal, a legal newspaper of general circulation in the Village of Eagle, Nebraska after the passage of this Resolution.
Motion by Rash, second by Moore, to adopt Resolution 2017-16. Voting: Ayes – 5. Motion carried.
Motion by Young, second by Schukei, to approve addendum to South Meadows Sanitary Sewer Service Agreement. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Young, to approve Christiansen Tree Service’s bid to remove dead and diseased trees from Village of Eagle property fence line at 727 South 1st Street in the amount of $5,460.00. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Moore, to introduce Ordinance 2017-11. Voting: Ayes – 5. Motion carried.
Chairperson Moore read Ordinance 2017-11 entitled:
AN ORDINANCE TO ESTABLISH COMPENSATION FOR CLERK/TREASURER PERSONNEL FOR THE VILLAGE OF EAGLE, NEBRASKA; TO PROVIDE THAT THIS ORDINANCE SHALL BE PUBLISHED WITHIN THE FIRST 15 DAYS AFTER ITS PASSAGE AND APPROVAL EITHER IN PAMPHLET FORM OR BY POSTING IN THREE PUBLIC PLACES IN THE VILLAGE OF EAGLE, NEBRASKA, AND SHALL BE IN FULL FORCE AND TAKE EFFECT FROM AND AFTER ITS PASSAGE, APPROVAL, AND PUBLICATION, AS PROVIDED HEREIN; AND TO PROVIDE THAT THIS ORDINANCE SHALL NOT BECOME AND BE MADE A PART OF THE MUNICIPAL CODE OF THE VILLAGE OF EAGLE, NEBRASKA.
Motion by Rash, second by Meier, to accept the first reading of Ordinance 2017-11. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Meier, to suspend the rules of three consecutive readings of Ordinance 2017-11. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Moore, to adopt Ordinance 2017-11. Voting: Ayes – 5. Motion carried.
Motion by Meier, second by Schukei, to approve minutes as typed for the previous meeting. Voting: Ayes – 5. Motion carried.
Motion by Rash, second by Moore, to approve National General Health as the Village of Eagle employee health insurance provider. Voting: Ayes – 5. Motion carried.
The meeting was adjourned at 8:51 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.