OTOE COUNTY PLANNING COMMISSION

REGULAR MEETING

THURSDAY, NOVEMBER 19TH, 2009

495 MIDLAND STREET

SYRACUSE CITY HALL

COUNCIL CHAMBERS, SYRACUSE NE

7:00 P.M.

 

AGENDA

 

CALL TO ORDER:

 

ROLL CALL:

 

MINUTES:

 

 

BILLS:

 

COMMUNICATIONS:

 

PUBLIC HEARING:

 

Public Hearing to Vacate Lot 1, R & M Grundman Subdivision located in the N.E. ¼ of the S.E. ¼ of Section 10, T7N., R.12E., of the 6th P.M., Otoe County Nebraska.  This hearing is requested by Ronald K. and Mary Beth Grundman. 

Site is located at 1240 South 44th Road.

 

Public Hearing for a conditional use permit for a communication tower located on an 8.84 acre tract located in the West ½ of the N.E. ¼ of Section 14, T8N, R12E for Viaero Wireless by Eugene Carroll. Site is located at the west end of Dunbar, southwest of the old school building and south of Nebraska Street.

 

Public Hearing to approve the C. Stephenson Subdivision, a 5.33 acre tract of land located in the SW ¼ of Section 17, T8N, Range 12E., of the 6th P.M., Otoe County Nebraska.  Site is located at the NE corner of 38th and J Road.  This is requested by Kenneth J. and Barbara J. Lamb.

 

OLD BUSINESS: Wind Energy

 

NEW BUSINESS:

 

DISCUSSION:  Usage of an existing building at Paul for the continued storage of scrap parts to be leased to another party. 

 

ADJOURN:

 

NEXT MEETING:  December 17th, 2009 7:00 p.m.

 

*A COPY OF THIS IS KEPT CURRENT AND IS AVAILABLE FOR PUBLIC INSPECTION AT

THE OTOE COUNTY CLERK’S OFFICE, NEBRASKA CITY, NE.

 

 

OTOE COUNTY PLANNING COMMISSION MINUTES

NOVEMBER 19TH, 2009

 

SYRACUSE, NEBRASKA

 

Otoe County Planning Commission met in regular session on October 15th, 2009 at the Council Chambers in Syracuse.  The meeting was called to order at 7:04 p.m. by Chairperson Daniel Hodges; Hearings were published in the Nebraska City Newspress.  This meeting was open to the public, and the Opening Meetings Act is posted on the wall of the Council Chambers.  Answering to roll call was William Umland, William Behling, Daniel Hodges, Loreen Haupt, and Howard Bebout.  Board member Cherie Wirthele was absent and board member Richard Warner arrived at 7:10.  Other attendees of this meeting were Zoning Administrator David Schmitz, Terry Petersen, Don Woods, Eugene Carroll, Mike and Anita Smith, Craig Stephenson, Ken Lamb, Neil Stedman, & Barbara and Bob Davis. 

 

Hodges asked to make one correction of the October minutes and it was noted to correct and Shilah will send out amended minutes to all board members.  Umland made a motion, and was seconded by Bebout, to approve the October 15, 2009 minutes as amended.  Voting aye were Umland, Hodges, Bebout with Behling and Haupt abstaining.  Nay – None.  Motion carried.

 

Public Hearing to Vacate Lot 1, R & M Grundman Subdivision located in the N.E. ¼ of the S.E. ¼ of Section 10, T7N., R.12E., of the 6th P.M., Otoe County Nebraska.  This hearing is requested by Ronald K. and Mary Beth Grundman.  Site is located at 1240 South 44th Road.  David Schmitz Zoning Administrator is representing the Grundman’s.  The purpose is to put the lot back with the farm.  Haupt made the motion to vacate Lot 1, R & M Grundman Subdivision, and it was seconded by Behling.  Voting aye were Umland, Behling, Haupt, Bebout, and Hodges.  Nay – None.  Motion carried.

 

Public Hearing for a conditional use permit for a communication tower located on an 8.84 acre tract located in the West ½ of the N.E. ¼ of Section 14, T8N, R12E for Viaero Wireless by Eugene Carroll. Site is located at the west end of Dunbar, southwest of the old school building and south of Nebraska Street.  Zoning Administrator David Schmitz stated that all of the application fees have been paid.  Viaero Wireless Representative Eugene Carroll was present to address the board about the plans for a communication tower.  Viaero Wireless is a Colorado based company that covers about 80% of Nebraska and is just getting into SE Nebraska.  The reason for this tower is to maintain the service needed in SE Nebraska. Viaero will be purchasing the land but the seller will still have the rights to farm it.  The existing driveway that is next to the tree line will be used and will be accessible off of Nebraska Street.  It will be lit with flashing red bulbs at night and flashing white during the day.  These lights are ½ ways up and on top of the tower and will be pointed up so they can be seen from the sky.  There will be a 6 foot chain link length fence topped with barb wire around the tower, and the control building.  At this time the meeting was opened to the board for questions.  Haupt asked how high the fence is?  Eugene said that it is 6 foot chain link fence topped with barb wire.  Don Woods of Dunbar asked if this tower would affect reception on satellite and radio.  Terry Petersen of Dunbar also asked about any signals from wells to the water tower if that would interfere with anything?  Eugene stated that it would not affect any of that.  Viaero is highly regulated by the FCC and has to keep certain standards on frequency.  Petersen also asked about the driveway, and the guide wire. Eugene talked about the driveway earlier.  Please see above.  The placement of the guide wire will be east of the driveway.  Terry also asked how they came to the conclusion of where these towers are placed.  Eugene said 1st off the engineers tell us the best place to put it due to signal frequency, and 2nd the land owner tells us where he wants to sell.  Bob and Barb Davis asked how many lights will be on the tower. Eugene previously addressed this.  Please see above.  Davis also questioned property values.  Vice – Chairperson Bebout addressed this mater.  Therefore, he said that there are other properties within the county that have towers and other equipment and they have retained their property values.  He also felt that it is not as much of an issue as the homeowner thinks.  After much discussion on this, the major concern of the surrounding land owners was the height of the fence.  Since this is a conditional use permit the county can put conditional uses that they feel would be necessary for the use and safety of the members of the county.  Eugene also said that because the county is working with Viaero Wireless, that there is stimulus money available for the Emergency Services and Sheriffs Department in the County.

 

Bebout made a motion to approve the Conditional use permit for a Communications tower by Viaero Wireless.  This includes the tower and a control building which would have an 8 foot fence topped with barb wire around it.  Also, included is a 16 foot clearance for the guide wire so that equipment can pass through, it was seconded by Umland.  Voting – aye were Behling, Hodges, Haupt, Warner, Bebout, and Umland.  Nay – none.  Motion carried.

 

Public Hearing to approve the C. Stephenson Subdivision, a 5.33 acre tract of land located in the SW ¼ of Section 17, T8N, Range 12E, of the 6th P.M., Otoe County Nebraska.  Site is located at the NE corner of 38th and J Road.  This is requested by Kenneth J. and Barbara J. Lamb.  This request is for a new home site for Craig and Kelly Lamb.  Water permit is obtained from rural water district and since it is on 5.33 acres a septic lateral system or lagoon will work.  Currently the property is farm ground.   David Schmitz zoning administrator will contact Lynn Dennison for a permit, and to look at it to see what they would need.  They would also have to meet the set backs the county requires.  A motion was made by Warner to approve the C. Stephenson Subdivision, and seconded by Haupt.  Voting – aye were Umland, Behling, Hodges, Haupt, Warner and Bebout.  Nay – none.  Motion carried.

 

Old Business discussed at this time was wind energy.  David Schmitz Zoning Administrator has a few more things put together and will have one more meeting with Orville Stahl.  They will plan on a public hearing in January 2010.  Neil Stedman asked about documentation and if it will be available to the public for viewing before the hearing.  Schmitz said there would be documentation available upon request.  Anita Smith asked about Midwest Energy and the existing MET tower where they have not met all required conditions.  David Schmitz said that he would send a letter to Midwest Energy to get the tower property fenced.  Other ideas discussed from the audience where cost of the permits, removal, how they are taxed, and property valuations.

 

Discussion:  There is an existing building in Paul that is being used for storing scrap metal, and the current owner would like to lease to another party.  The board all agreed that they did not want a salvage yard out there, and if the board would accept this then they agreed that they wanted nothing outside the building.  However, nothing was decided at this time.

 

There being no further business, and since all items on the agenda have been discussed.  Chairperson Hodges asked for a motion from the board to adjourn the meeting.  Haupt made the motion to, and seconded by Bebout to adjourn the meeting with all members present voting aye.  Meeting adjourned at 8:25 p.m.

 

Next regularly scheduled meeting will be December 17th, 2009 at 7:00 p.m.

 

Report by Zoning Assistant Shilah Martin, and approved by Zoning Administrator David Schmitz.