Sarpy County

Department of Planning & Building

Sarpy County Courthouse Annex

1261 Golden Gate Drive, Suite 2E

Papillion, Nebraska 68046

Phone (402) 593-2156 - Fax (402) 593-4335

Ken Tex, Planning & Zoning Coordinator

August 15, 2001

To The Sarpy County Board of Commissioners:

The Sarpy County Planning Commission held its regular monthly meeting Wednesday, August 15, 2001 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: Pam Buethe, Charles Buller, Charles Denny, Donald Fenster, John Johnson, Wayne Labart, Marcia Matthies, Don Meyer, Dennis Nichols, Tom Wees and Alan Wear. Tamra Walz, Deputy County Attorney was present. Ken Tex, Planning & Zoning Coordinator and Alicia Myers, Recording Secretary, were also present.

Chair Meyer asked for commissioner reports. 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 - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

Chair Meyer asked for a motion to approve the minutes of the July 18, 2001 meeting. Wees moved, seconded by Fenster to approve the minutes as corrected. Ayes- Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

I. CONSENT AGENDA ITEMS:

    None

1. The Sarpy County Fire Chiefs of the Cities of Bellevue, Gretna, LaVista, Millard, Papillion and Springfield requests approval of amendments and additions to Section 10 (Minimum Design Standards) of the Sarpy County Subdivision Regulations.

Rod Buethe, Gretna Fire Chief, introduced himself and asked if anyone had any questions.

Denny Nichols asked if the City of Gretna had seen the proposal and if they agreed.

Rod Buethe stated that he took the proposal to the City and that they agreed with the proposal, but have not taken any formal action to date.

Tom Wees informed the board of an informal meeting, called by Chair Meyer. Wees stated that he felt that the County Planning Commission addresses most of the Fire Chiefs concerns in their normal planning process.

Pam Buethe thought that the commission should send this item to the County Board without a recommendation.

After much discussion about the responses to the Fire Chief's proposal, Nichols stated he understands the concerns, but felt that this item should be tabled indefinitely until all the Cities take formal action on the Fire Departments requests.

Nichols moved, seconded by Johnson to table indefinitely the proposal of the Fire Chief's until the Cities take formal action on the Fire Chief's requests. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Wees and Wear. Nays - Buethe. Abstain - none. Absent - none. Motion carried.

2. Janet and Bradley Goldenstein, 9002 S. 168^th Street, Omaha, requests approval of a Final Plat on a subdivision to be known as Goldenstein's 2^nd Addition (Lot 2) on the following described property, to wit: Being a platting of part of Tax Lot 11, located in the NE1/4 of Sec 21, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (168^th Street, 2 mile south of Giles Road)

Mike Schilken, Attorney, representing the Goldenstein's stated that the final plat was just like the preliminary plat.

Nichols asked if the driveway's had been changed to meet the requirements of the County Surveyor.

Mike Schilken stated that Lot 1 and Lot 2 will be sharing an existing driveway per the requirements of Tom Lynam, the County Surveyor.

Johnson moved, seconded by Nichols to recommend approval of Goldenstein's 2^nd Addition (Lot 2) as the driveway issues have been addressed and conforms to the preliminary plat. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

3. Dan Roth, 12029 South 217^th Street, Gretna requests approval of a Final Plat on a subdivision to be known as Deer Creek on the following described property, to wit: Being a platting of the north 20 acres of the E1/2 of the SE1/4, located in Sec 14, Twp 14N, Rng 10E of the 6^th P.M., Sarpy County, Nebraska. (216^th Street, 2 mile north of Giles Road)

Dan Roth introduced himself and said that the driveway requirements (driveway access being only from an interior street) have been met. Mr. Roth stated that the final plat of Deer Creek is the same as the preliminary. He also stated that a covenants has been written, so there will be no junk or junk cars laying around.

Nichols moved, seconded by Wear to recommend approval of the final plat of Deer Creek as the driveway requirements have been met and that the final plat conforms to the preliminary plat. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

4. Daryl Giles, 3931 AW@ Street, Omaha requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Lot 200 & 215, Hanson Lake, located in Sec 28, Twp 13N, Rng 13E of the 6^th P.M., Sarpy County, Nebraska. (Platte River Drive, Hanson Lake)

The applicant was not present.

Ken Tex told the commission that this was an existing trailer with new owners. Ken stated to the commission that they could approve the Special Use Trailer Permit for a period of three years, renewal by publication, because it was only a change of ownership and the trailer was existing. Mr. Tex told the commission that this permit would only be valid for the current owner. Ken said that if this trailer was to be sold, the new owner would need to apply for a Special Use Trailer Permit in his or her own name.

Buethe moved, seconded by Labart to recommend approval of a Special Use Trailer Permit for three years, renewable by publication, as it meets County regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

5. Jake Jacobson, 6305 Center St., Omaha requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Lot 6Y-1, Vencil's Island, located in Sec 28, Twp 14N, Rng 10E of the 6^th P.M., Sarpy County, Nebraska. (9900 S. 252^nd Street)

The applicant was not present.

Ken Tex told the commission that this trailer was also an existing trailer, with just a change of ownership.

Labart moved, seconded by Buethe to recommend approval of a Special Use Trailer Permit for a period of three years, renewable by publication, as it meets County Regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

6. Kelly Petrini & Scott Simons, 14109 Pierce Plaza, Omaha requests approval of a Special Use Trailer Permit to park a single wide mobile home for recreational use only on the following described property, to wit: Lot 4E, Carl Schmid Park, located in Sec 28, Twp 13N, Rng 12E of the 6^th P.M., Sarpy County, Nebraska. (99^th Street and the Platte River)

The applicants were not present.

Ken Tex explained to the Commission that this application was the same as the first two. Ken stated that he would like to meet with Tamra Walz to discuss having all applications for Special Use Trailer Permits, with just a change of ownership, be put on the consent agenda, so the commission could read each application into record and vote on them at once.

Nichols moved, seconded by Wees to recommend approval of a Special Use Trailer Permit for a period of three years, renewable by publication, as it meets County Regulations. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

7. Harry Rudolph, 15719 South 99^th Street, Papillion requests approval of a Special Use Trailer Permit to park a single wide mobile home for a temporary residence for grandson Joe on the following described property, to wit: NE1/4 of Sec 21, Twp 13N, Rng 12E of the 6^th P.M., Sarpy County, Nebraska. (99^th Street, 2 mile south of Platteview Road)

***Marcia Matthies excused herself from the meeting at 8:27 P.M. and left the room.***

Ken Tex told the commission that this trailer was moved onto the Rudolph's property in 1984, after a Special Use Trailer Permit was approved for a residence for Mr. Rudolph's father-in-law as long as he was the resident. Ken Tex told the commission that Mr. Rudolph's father-in-law had passed away, and a letter from the Planning & Building Department was sent to Mr. Rudolph explaining that the Special Use Trailer Permit was no longer valid, and that the trailer needed to be removed. Ken stated, at that time, Harry Rudolph wanted to apply for another Special Use Trailer Permit for his grandson and wife.

Harry Rudolph introduced himself to the commission, and explained that his father-in-law had passed away within the last year and that his newly married grandson and wife would like to live in the trailer to get on there feet. Mr. Rudolph stated that his grandson has one more year of college left and that he helps on the farm. Mr. Rudolph said that his grandson's new wife was a school teacher and was hoping to find employment in the area. Mr. Rudolph felt this would be a good starter home for them.

Denny Nichols questioned Ken Tex about the County's regulations regarding trailers.

Fenster stated that he felt this was a common sense issue and that the commission approved the first Special Use Trailer Permit, and should approve the second. Pam Buethe agreed.

Ken Tex reiterated to the commission that the first permit was issued in 1984, and at that time, the permit was issued for Mr. Rudolph's father-in-law and once his father-in-law was no longer the resident, the trailer needed to be removed. Ken further stated that the trailer should have been removed.

Don Meyer asked Tamra Walz what steps the County Attorney's Office took to have trailers removed.

Tamra Walz explained the County procedures, and stated as this trailer sits, this trailer is in violation of the applicable ordinance.

In reference to Denny Nichols question, much discussion took place regarding County regulations and State regulations.

Nichols stated that this Special Use Trailer Permit should be denied because it does not conform to the County's regulations.

Nichols moved, seconded by Denny to recommend denial of the Special Use Trailer Permit as it does not comply with County Regulations.. Ballot: Ayes - Buller, Denny, Johnson, Labart, Nichols, Wees and Wear. Nays - Fenster, Buethe. Abstain - none. Absent - Matthies . Motion carried.

***Marcia Matthies joined the meeting at 8:41 P.M.***

8. Glamis, L.L.C., 4738 S. 131^st Street, Omaha requests approval of a Final Plat on a subdivision to be known as Commerce Business Centre on the following described property, to wit: Being a platting of part of the W1/2 of the NW1/4 of Sec 35, Twp 14N, Rng 11E of the 6^th P.M., Sarpy County, Nebraska. (156^th Street & Shephard)

Larry Jobeun, attorney representing Glamis L.L.C. introduced himself and stated he was there for approval of the final plat. Mr. Jobeun asked the commission if they had any questions.

Nichols questioned the right-of-way and 156^th Street.

Larry Jobeun explained the right-of-way and the removal of 156^th Street do to the revamping and construction on Interstate 80.

Don Meyer read into record, the County Surveyor's comments stating that access from lots should be from subdivision roads except Lot 11. Lot 12 should try to access 153^rd Street, or could possibly be on 156^th Street, but the location needs to be approved by the Highway Department. Access to Lot 1 should be an extension of 153rd Street. To vacate Right-of-way, they will need to work with the State Department of Roads and the County.

Nichols moved, seconded by Wees to recommend the approval of the final plat for Commerce Business Centre as it conforms with the preliminary plat and meets the Surveyors requests. Ballot: Ayes - Buller, Denny, Fenster, Johnson, Matthies, Labart, Nichols, Buethe, Wees and Wear. Nays - none. Abstain - none. Absent - none. Motion carried.

Nichols mentioned the wording in the subdivision agreements, and thought that the wording for the Fire Chief's should be changed.

Tamra explained the legality of the subdivision agreements to the commission.

Ken Tex informed the commission of the outcome of the County Board meeting regarding the kennels.

Chair Meyer mentioned the annexations of Gretna and Papillion and stated he thought they were illegal. Chair Meyer asked Ken what the proposed loss of revenue to the County would be.

Ken Tex stated Papillion's proposed annexation could amount to losses in building permits fees in excess of $ 2,000,000.00 and over $ 8,000,000.00 in sewer fees, and he explained how he determined those figures.

Nichols thought that the annexations should be put on as an agenda item for next months planning commission meeting, for a recommendation to the Board of Commissioners.

Being no further discussion, Matthies moved, seconded by Buethe, to adjourn the meeting. By a unanimous oral vote, Chair Meyer declared the meeting adjourned at 9:20 p.m.

Respectfully Submitted,

Sarpy County Planning Commission

Don Meyer, Chair

Alicia Myers, Recording Secretary