MINUTE RECORD
CITY OF WEEPING WATER
PUBLIC HEARINGS/SPECIAL MEETING
FEBRUARY 13, 2018

 Mayor Michael Barrett opened the public hearing at 6:05 p.m., on February 13, 2018 at City Hall with the following members of the Council answering roll:  Lawrence Mozena, Kelly Nutter and Timron Gilfert.  Absent:  Ray Frew.  The posted location of the Open Meetings Act was noted by the Mayor.  The purpose of the public hearing was to consider a request for a Subdivison and a rezoning of the same.  The purpose of the Special Meeting was to consider action on said subdivision and rezoning request.

Notice of the public hearing/special meeting was given in advance thereof by publication in the February 1, 2018 edition of the Journal as well as posted in three public places in the city on January 30, 2018 and provided to all members of the Council.

It was noted that DG Plaza had submitted a subdivision and rezoning request for property described as follows:         THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, T10N, R11E OF THE 6th P.M., CASS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4; THENCE S00°08'25"E (ASSUMED BEARING) 40.00 FEET ON THE WESTERLY LINE OF SAID NORTHWEST 1/4 TO THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE; THENCE N89°31'24"E 50.00 FEET ON THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; THENCE CONTINUING N89°31'24"E 185.00 FEET ON THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE; THENCE S00°18'25"E 280.00 FEET ON A LINE 235 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST 1/4; THENCE S89°31'24"W 185.00 FEET ON A LINE 320 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID NORTHWEST 1/4; THENCE N00°08'25"W 280.00 FEET ON A LINE 50.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST 1/4 TO THE POINT OF BEGINNING, commonly known as 15601 Weeping Water Road, Weeping Water, Nebraska.  

The rezoning request was to change zoning from I-1 (Industrial District) to B-1 (Commercial District).  Proper signage was posted in said area and all property owners within 300 feet of said property received advance notice of the rezoning proposal.  Planning Commission approval for the same was granted on February 12, 2018.  There being no public objection, the public hearing was closed and the special meeting was opened with all members of the council present, except Frew.

Motion by Mozena, seconded by Nutter to adopt Resolution No. 18-03, entitled:  A Resolution to approve a preliminary plat for DG Plaza, a subdivision of the following described real estate:       THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, T10N, R11E OF THE 6th P.M., CASS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4; THENCE S00°08'25"E (ASSUMED BEARING) 40.00 FEET ON THE WESTERLY LINE OF SAID NORTHWEST 1/4 TO THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE; THENCE N89°31'24"E 50.00 FEET ON THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; THENCE CONTINUING N89°31'24"E 185.00 FEET ON THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE; THENCE S00°18'25"E 280.00 FEET ON A LINE 235 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST 1/4; THENCE S89°31'24"W 185.00 FEET ON A LINE 320 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID NORTHWEST 1/4; THENCE N00°08'25"W 280.00 FEET ON A LINE 50.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST 1/4 TO THE POINT OF BEGINNING.   

Motion passed with Mozena, Nutter and Gilfert voting aye.  Nays:  None.  Absent:  Frew.

Motion by Gilfert, seconded by Mozena to adopt Resolution No. 18-04, entitled:  A Resolution to approve a final plat for DG Plaza, a subdivision of the following described real estate:         THAT PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, T10N, R11E OF THE 6th P.M., CASS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4; THENCE S00°08'25"E (ASSUMED BEARING) 40.00 FEET ON THE WESTERLY LINE OF SAID NORTHWEST 1/4 TO THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE; THENCE N89°31'24"E 50.00 FEET ON THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING; THENCE CONTINUING N89°31'24"E 185.00 FEET ON THE SOUTHERLY LINE OF NEBRASKA 13K SPUR RIGHT-OF-WAY LINE; THENCE S00°18'25"E 280.00 FEET ON A LINE 235 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST 1/4; THENCE S89°31'24"W 185.00 FEET ON A LINE 320 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID NORTHWEST 1/4; THENCE N00°08'25"W 280.00 FEET ON A LINE 50.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID NORTHWEST 1/4 TO THE POINT OF BEGINNING.

Motion passed with Nutter, Gilfert and Mozena voting aye.  Nays:  None.  Absent:  Frew.

Motion by Gilfert, seconded by Mozena to introduce by title only and suspend the three required statutory readings of:

ORDINANCE NO. 638

AN ORDINANCE TO AMEND THE CITY OF WEEPING WATER, NEBRASKA COMPREHENSIVE DEVELOPMENT PLAN, JULY 13, 1999, BY CHANGING CERTAIN BOUNDARIES FROM INDUSTRIAL DISTRICT (I-1) TO COMMERCIAL DISTRICT (B-1); TO AMEND THE CITY OF WEEPING WATER ZONING MAP ACCORDINGLY; TO REPEAL ALL ORDINANCES OF THE CITY IN CONFLICT; TO PROVIDE FOR PUBLICATION IN PAMPHLET FORM; AND TO PROVIDE AN EFFECTIVE DATE.  Motion passed with Gilfert, Mozena and Nutter voting aye.  Nays:  None.  Absent:  Frew.  Motion by Mozena, seconded by Nutter to adopt by title only on third and final reading Ordinance No. 638.  Motion carried with Mozena, Nutter and Gilfert voting aye.  Nays:  None. Absent:  Frew.

Meeting adjourned at 6:11 p.m.

/s/Michael Barrett, Mayor

/s/Linda Fleming, City Clerk