September 1999

SARPY COUNTY
DEPARTMENT OF PLANNING & BUILDING
Sarpy County Courthouse Annex
1257 Golden Gate Drive, Suite 10W
Papillion, Nebraska 68046
Phone (402) 593-2156

Ken Tex, Planning and Zoning Coordinator

September 15, 1999

Sarpy County Board of Commissioners
Sarpy County Courthouse
1210 Golden Gate Drive

The Sarpy County Planning Commission held its regular monthly meeting Wednesday, September 15, 1999 in the County Board Room at the Sarpy County Courthouse, Papillion, Nebraska. Chair Meyer called the meeting to order at 7:30 p.m. with the following members present: Charles Denny, Bill Leonard, John Johnson, Marcia Matthies, Joe Mangiamelli and Thomas Wees. Absent were Charles Buller, Wendy Gottsch, Dennis Nichols and Alan Wear. Ken Tex, Sarpy County Planning and Zoning Coordinator, Cindy Gilbert, Recording Secretary and Tamra Walz, Deputy County Attorney were also present.

Chair Meyer asked for any reports from commissioners. There were none.

Chair Meyer asked for a motion to approve the agenda as submitted. Johnson moved, seconded by Wees, to approve the agenda as submitted. Ballot: Ayes - Denny, Leonard, Johnson, Matthies, Mangiamelli and Wees. Nays - none. Absent - Buller Gottsch, Nichols and Wear. Motion carried.

Chair Meyer asked for additions or corrections to the minutes of the previous meeting. Wees moved, seconded by Leonard, to approve the minutes as submitted. Ballot: Ayes - Denny, Leonard, Johnson, Matthies and Wees. Nays - none. Abstain - Mangiamelli. Absent - Buller, Gottsch, Nichols and Wear. Motion carried.

Notice of this meeting and the applications to be heard was published in the Bellevue Leader. Notice of the meeting and the agenda were sent to all members of the Sarpy County Planning Commission and the applicants.

Consent Agenda:

No applications were listed on the consent agenda.

Regular Agenda:

1. Paul & Jennifer Edwards of 15950 S 75^th Street, Papillion, NE 68046 requests approval of a final plat on a subdivision to be known as Edwards Estates on the following described property, to wit: A platting of the south 2 of the NW1/4 of the SE1/4 of Sec 23, Twp 13N, Rng 12E of the 6^th P.M., Sarpy County, Nebraska. (Approximately 1 1/4 miles south of Platteview Road & 75^th Street)

Paul Edwards requested approval on his final plat and answered the question that the driveway had been taken care of on the final plat.

Matthies moved, seconded by Mangiamelli, to recommend approval of the final plat as it complies with the comprehensive development plan. Ballot: Ayes - Denny, Leonard, Johnson, Matthies, Mangiamelli and Wees. Nays - none. Absent - Buller, Gottsch, Nichols and Wear. Motion carried.

2. Janice Pawloski of 1926 S 39^th, #160, Omaha, NE 68105 requests approval of a special use trailer permit on the following described property, to wit: Lots 2N & 22N in Carl Schmid Cabin Sites in Sec 28, Twp 13N, Rng 12E of the 6^th P.M., Sarpy County, Nebraska. (Approximately 1 2 miles south of Platteview Road on 99^th St.)

Janice Pawloski introduced herself and explained to the commissioners that she is the new owner of the existing trailer and asked for the special use permit for recreation only.

Johnson moved, seconded by Mangiamelli, to recommend approval of the special use permit for a period of three years renewable by publication. Ballot: Ayes - Denny, Leonard, Johnson, Matthies, Mangiamelli and Wees. Nays - none. Absent - Buller, Gottsch, Nichols and Wear. Motion carried.

3. Jim Olmstead, Olmstead & Perry Consulting Engineers, agent for S.I.D. #101, 2604 Annabelle Drive, Bellevue, NE 68123 requests approval of a special use permit for a Sanitary Sewage Wastewater Treatment Plant (Domestic Only) on the following described property, to wit: Part of the SW1/4 of Sec 28, Twp 13N, Rng 13E of the 6^th P.M., Sarpy County, Nebraska. (36^th & LaPlatte Road)

Jim Olmstead introduced himself as the representative for S.I.D. 101, explained why they needed a treatment plant and how it needs to be built. He noted that the NRD has endorsed this project. He used maps & ariel photos to show where in relationship to Hansons Lake the plant would be located.

Joe Mangiamelli questioned how the waste will travel from the houses to the plant.

Jim Olmstead responded by saying that a grinder pump forces sewage from homes to the plant and that, unlike a gravity system, a much smaller pipe is used because sewage is pumped with pressure. It will travel through a flow splitter and filter, then will be filtered again and disinfected before being discharged into the Platte River. He added that the State NDEQ monitors the plant to ensure that procedure is being followed correctly. Periodically, the solids will be removed from the tanks and taken to a sludge field.

Jim Iske objected to the Sewage Treatment Plant feeling there is a better place for it to be located and fears it will retard the future development of his remaining property. He added that his land is being taken from him by eminent domain.

Jeff Farnam, Attorney for S.I.D. 101 noted that in 1979, the Papio Missouri River Natural Resource District condemned easement over part of Mr. Iske=s land.

Tom Wees asked Tamra Walz, Deputy County Attorney, to explain what eminent domain is.

After brief discussion, Johnson moved, seconded by Mangiamelli, recommending approval of the special use permit as it complies to the Comprehensive Development Plan. Ballot: Ayes - Denny, Leonard, Johnson, Matthies, Mangiamelli and Wees. Nays - none. Absent - Buller, Nichols, Gottsch and Wear. Motion carried.

A 5 minute recess was taken from 8:15 p.m. to 8:20 p.m.

2. City Wide Rock (Joseph Olivo) of 10510 Whitney Road, Springfield, NE 68059 requests the approval of a special use permit for the extraction and processing of rock, clay and dirt on the following described property, to wit: the SW1/4 of the SW1/4 of Sec 21, Twp 13N, Rng 12E and the SE1/4 of the SE1/4 of Sec 20, Twp 13N, Rng 12E of the 6^th P.M., Sarpy County, Nebraska. (108^th &Mitchell Road)

Bob Murray, attorney for City Wide Rock, introduced himself and submitted letters from Kersten Trucking & Tim Gruhn Trucking in support of City Wide Rock=s request for a special use permit. After explaining what City Wide was looking to do, he suggested that the permit be approved with the stipulation that buffers be used to ensure that neighbors have little concern.

Joe Olivo added that the buffer should help neighbors from fly rock and noise.

Heavy traffic was an issue brought up and Ken Tex responded by saying that the improvements on 108^th would include the intersection of that road and Platteview Road.

Read into record by Cindy Gilbert were letters from the South Sarpy School Superintendent, Mark Wayne, County Administrator and Kersten Trucking and Tim Gruhn Trucking.

Jim Wood addressed his concerns about rocks flying several hundred feet in air and that it startles the family and their animals. He displayed the rocks he had retrieved from his property. He also introduced pictures he had taken a year ago of the dust he says is caused by truck traffic. He also passed around pictures of trash that was dumped on the Whitney property as well as other pictures of dirt. He submitted into record a petition signed by 78 people asking the commissioners to deny the request by City Wide Rock.

David Thies spoke to the commissioners about the things that had happened to his house since the blasting started by City Wide Rock.

Lois Thies expressed her concerns about her family being hit with rock and the concern with dust causing health problems.

Alan Hieronymus has had dust problems and broken glass and indicates that he still has the receipts to turn in to City Wide=s insurance company.

Another concerned citizen has had to replace fuses at his home several times caused by the blasting. He also indicated that danger exists traveling on those roads.

Joye McLeod says she lives across from the land City Wide is trying to acquire and knows already that buffers do not work.

Phil White and Marilyn Mark also voiced their disapproval of this permit.

Martin Thies stated his opposition to the permit indicating that the blasting is too loud and it could cause damage to his and his family=s ears.

Megg Richards spoke in favor of the permit.

Rod Nielson addressed his concerns about land values.

Bob Murray, in his rebuttal, indicated that the road dust is not just a problem caused by City Wide Rock, but by other companies and individuals as well.

At 9:27 p.m., the chairman closed the public hearing, which was disputed. Tamra Walz, Deputy County Attorney, advised the public and commissioners on Roberts Rule of Order indicating that after the public has had a chance to speak, it is then appropriate for the applicant to have an opportunity for rebuttal.

Discussion ensued regarding different aspects of this application. It was suggested that making application 10 or so years in advance of using this land might be premature.

After considerable discussion, Joe Olivo of City Wide Rock asked to withdraw his application until a later date.

Correspondence:

Dale Harder asked the commission what their thoughts were on him splitting off his homestead to deed to his son. The commission suggested he go ahead and bring it to the meeting when he was closer to being ready to make this move.

Tim Schram relayed information to the commission concerning a greenbelt overlay district that is being pursued by Sarpy County and the state.

There being no further business, Wees moved, seconded by Leonard to adjourn. By a unanimous oral vote, the meeting was adjourned at 10:02 p.m.

Respectfully submitted,

Sarpy County Planning Commission
Don Meyer, Chairman