MINUTES OF MEETING BOARD OF COUNTY COMMISSIONERS OF SARPY COUNTY, NEBRASKA May 9, 2006 A meeting of the Board of County Commissioners of Sarpy County, Nebraska was convened in open and public session at 3:00 P.M. on May 9, 2006 at the Courthouse in Papillion, Nebraska. Present: Paul Cook, Tim Gay, Inez Boyd, Aldona Doyle, Tim Schram, Board Administrator Mark Wayne and Deb Houghtaling, County Clerk. Notice of the meeting was given in advance thereto by publication in the Midlands Newspapers, Inc. dba Bellevue Leader, Papillion Times, Gretna Breeze and Springfield Monitor on May 3, 2006. A copy of the Proof of Publication is on file in the County Clerk s office. Notice of the meeting was simultaneously given to all members of the Board of County Commissioners of Sarpy County, Nebraska. Availability of the agenda was communicated in the published notice and in the notice to members of the Board of County Commissioners of this meeting. All proceedings were taken while the convened meeting was open to the attendance of the public. Commissioners and Administrator s comments were recorded. Boyd moved, seconded by Doyle, to approve the Consent Agenda. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: CONSENT AGENDA Boyd moved, seconded by Doyle, to approve the minutes of the May 2, 2006 meeting as submitted. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Boyd moved, seconded by Doyle to approve the claims as submitted by Debra J. Houghtaling, Sarpy County Clerk, and authorize the County Clerk to issue warrants for said claims. A complete listing of claims is on file in the office of the County Clerk. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Resolved by Boyd, seconded by Doyle, to approve and authorize the Chairman to sign the agreement with Carlson West Povondra Architects to assist in all phases of architectural work in the construction of an Administration addition and remodeling of vacated spaces at a fee of 6.5% of Actual Construction Costs applied to new construction work and 8.5% of Actual Construction Costs applied to remodel work. (Res. #2006-150) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Resolved by Boyd, seconded by Doyle, to authorize the Chairman and the County Clerk to sign the Addendum Contract for Jail Pharmaceuticals with Diamond Pharmacy Services. Original contract was approved on 5/2/00, in effect from 6/1/00-5/31/06 and said addendum extends the term until 6/30/06. (Res. #2006-151) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Resolved by Boyd, seconded by Doyle, to approve the Bank of the West (formerly Commercial Federal Bank) in Papillion and La Vista NE as a depository for the public funds of Sarpy County, conditioned upon the true and faithful compliance with all provisions of Nebraska State Law governing the deposit of public funds. (Res. #2006-152) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Resolved by Boyd, seconded by Doyle, to authorize the Chairman to sign the addendum approving the rate change for Sarpy County prisoners being housed by Cass County. The housing rate of $55.00 per day per inmate is increased to $58.53 per day per inmate paid by Sarpy County. The original agreement approved by this Board on 4/27/04 and effective 4/19/04 shall remain in full force and effect, except as modified by said addendum. (Res. #2006-153) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: REGULAR AGENDA: After a public hearing, Gay moved, seconded by Cook, to recommend approval of the request for an Addition to Premise for CSME, Inc. dba West Omaha KOA, 14601 Highway 6, Gretna, Sarpy County, Nebraska 68028 for an existing Class "C" #71551 - Beer, Wine & Distilled Spirits, On & Off Sale License, and notify the NE Liquor Control Commission of Board approval. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays:
After a public hearing, Boyd moved, seconded by Gay, to recommend approval of the request for Addition to Premise for Tiburon Golf Course LLC dba Tiburon Golf Club, 10302 S. 168 th Street, Omaha, Sarpy County, Nebraska 68136 for an existing Class "I" #63155 - Beer, Wine & Distilled Spirits, On Sale Only License, and notify the NE Liquor Control Commission of Board approval. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Michelle Flowers-Koraleski, County Purchaser, reported that bids for the Remodeling Project of leased office space located at Star Park Plaza, 7511 S. 36 Street, Suites 8, 9, 10, Bellevue, Nebraska 68147 for the Sarpy County Adult Probation Department have been solicited, made, opened and reviewed pursuant to Board authorization. After a public hearing, Cook resolved, seconded by Doyle, that the low bid of Christensen Interior Contracting Inc. for the Remodeling Project of leased office space located at Star Park Plaza, 7511 S. 36 Street in the total amount of $129,100 is accepted, per written and oral recommendation of the Purchasing Department, and this Board's Chairman, Clerk and Attorney are authorized to execute necessary documents. (Res. #2006-154) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Boyd moved, seconded by Doyle, to sit as a Board of Equalization. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Doyle moved, seconded by Cook, to approve the following Tax Corrections as approved by the County Assessor: #12742 - #12743. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Gay moved, seconded by Doyle, to approve the following exemption applications for 2006 tax exemption on motor vehicles owned by qualifying non-profit organizations, as approved by the County Treasurer: Bethel Christian Ministries 1990 Dodge Van Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Boyd moved, seconded by Gay, to approve the following 2006 Exemption Applications for Tax Exemption on Real and Personal Property by Qualifying Organizations (Forms 451) as recommended by the County Assessor: Organization Legal Description Alegent Health Clinic (Personal Property) 11535 S. 31 st Street Bellevue Free Methodist Church Lot 152 Twin Ridge Bellevue Free Methodist Church Lot 153 & Lot 154 & Outlot 318 Twin Ridge Bellevue Senior Citizen Center, Inc. IMP only Washington Square 36-14-13 Tax Lots to Bellevue Cornerstone Church, SBC Tax Lot 6B 15-14-12 Eastern Nebraska Community Office of Retardation Lot 6 Hays Addition Replat I Lot 1 Bare s 2 nd Addition Replat 1 Tax Lot 2B2 18-14-13 Tax Lots to Bellevue Lot 99 Leawood Oaks Lot 25 Mission Heights Add. A Eastern Sarpy Rural Fire Protection District Lot 1 Tregaron Replat II First United Methodist Church of Springfield IMP Only located on Lots 1-3 & 6-8 Block 16 Spearmans Add. Fontenelle Forest Association Tax Lots 1B & 6B 19-14-14 Fontenelle Forest Association Tax Lots 4A2 & 6C 19-14-14 Goodwill Industries Lot 1 Tregaron Towne Centre Replat 2 Gretna Community Church Lot 1 Gretna Community Church Addition Lot 105 Palisades Lot 106 Palisades Lot 107 Palisades Lot 108 Palisades Lot 103 Palisades Lot 104 Palisades Inglesia Ni Cristo Church of Christ Outlot 320 Twin Ridge Kansas-Nebraska Assoc. of Seventh-Day Adventists Lot 43 Two Springs Nebraska Christian College Tax Lot 1 15-13-12 (79.07AC) Fairview Sarpy County Agricultural Society (Fair Board) Lot 7A1 Grand Square Add. Sarpy County Historical Society Tax Lot 8 30-13-13 Sarpy County Historical Society Lot 4 & S 30' Lot 5 Blk 101 Bellevue St. Charles Borromeo Church of Omaha Lot 8 Bellbrook Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays:
After a public hearing, Cook moved, seconded by Doyle, to approve the 2006 Exemption Application of Tax Exemption on Real and Personal Property by Qualifying Organizations (Form 451) of Alegent Health c/o Immanuel Medical Center, Lot 4A1A Huntington Park (Midlands Hospital) for a 91% Exemption as recommended by the County Assessor. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Gay moved, seconded by Schram, to approve an exemption of 50% of assessed value on the 2006 Statement of Reaffirmation of Tax Exemption for Qualifying Organizations (Form 451A) of American Legion Post 216, Lot 1 Stinston & Schomer Add. Replat 1. Ayes: Gay & Schram. Nays: Cook, Boyd & Doyle. MOTION FAILED. After a public hearing, Gay moved, seconded by Schram, to approve an exemption of 100% of assessed value on the 2006 Statement of Reaffirmation of Tax Exemption for Qualifying Organizations (Form 451A) of Beautiful Savior Lutheran Church, Lot 133 Mayfair Replat One. Ayes: Gay & Schram. Nays: Cook, Boyd & Doyle. MOTION FAILED. After a public hearing, Boyd moved, seconded by Cook, to deny the application for continued exemption on the 2006 Statement of Reaffirmation of Tax Exemption for Qualifying Organizations (Form 451A) of Bellevue Christian Church, Lot 201 Mission Gardens, as recommended by the Sarpy County Assessor. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Cook moved, seconded by Boyd, to deny the application for continued exemption on the 2006 Statement of Reaffirmation of Tax Exemption for Qualifying Organizations (Form 451A) of West Bellevue Congregation of Jehovah s Witnesses, Inc., Lot 2 Blue Ridge Replat II, as recommended by the Sarpy County Assessor. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Gay moved, seconded by Doyle, to table Agenda item #12 (Public Hearing: Exemption Applications, Forms 451 and Statements of Reaffirmation of Tax Exemption, Forms 451A on real and personal property owned by qualifying organizations) Section C (Assessor s Recommendation for Denial) #5 (Bellevue Rod & Gun Club) for one week at the request of the applicant. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Gay moved, seconded by Schram, to approve an exemption of 100% of assessed value on the 2006 Exemption Application of Tax Exemption on Real and Personal Property by Qualifying Organizations (Form 451) of Celebration Covenant Church, Lot 1 Harvest Acres. Ayes: Gay & Schram. Nays: Cook, Boyd & Doyle. MOTION FAILED. Gay moved, seconded by Cook, to table Agenda item #12 (Public Hearing: Exemption Applications, Forms 451 and Statements of Reaffirmation of Tax Exemption, Forms 451A on real and personal property owned by qualifying organizations) Section C (Assessor s Recommendation for Denial) #7 (Immanuel Trinity Village & Terrace) and #8 (Immanuel Trinity Village & Terrace-Personal Property) for one week at the request of the Sarpy County Assessor. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Gay moved, seconded by Schram, to approve an exemption of 50% of assessed value on the 2006 Statement of Reaffirmation of Tax Exemption for Qualifying Organizations (Form 451A) of Papillion Gun Club, Tax Lots 18B & 19B 27-13-12. Ayes: Cook, Gay & Schram. Nays: Boyd & Doyle. Boyd moved, seconded by Doyle, to return to regular session. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Cook moved, seconded by Gay, to approve the following Flood Plain Permit as recommended by the Sarpy County Planning & Building Director stating Addition to be elevated above BFE + 1foot : Galen Klenda, 16815 W. Hwy 31, Lot 8, City Retreat, Platte River, Addition to Cabin. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays:
ZONING ACTIONS: After a public hearing, Cook resolved, seconded by Boyd, that the application of Michael and Cynthia Grubb for a Final Plat of a subdivision to be known as Lazy Pup Acres on the following described property, to wit: Being a platting of part of Tax Lot 12, located in the NW1/4 of Sec. 36, Twp. 13N, Rng. 11E of the 6 th P.M., Sarpy County, NE (Highway 50, just north of Buffalo Road) be approved as long as the conditions have been met as outlined in the recommendation of the Sarpy County Director of Planning & Building and as recommended by the Sarpy County Planning Commission as it meets the Sarpy County Comprehensive Plan. (Res. #2006-155) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Cook resolved, seconded by Gay, that the application of Kevin and Penny Mandina, for a Change of Zone from AGD to AGR on the following described property, to wit: Being a replat of Lot 1, Keanland Estates Replat 1, a subdivision in the SE1/4 of Sec. 8, Twp. 13N, Rng. 11E of the 6th P.M., Sarpy County, Nebraska, be approved as recommended by the Sarpy County Director of Planning & Building and the Sarpy County Planning Commission as it meets the Sarpy County Comprehensive Plan and Zoning Regulations. (Res. #2006-156) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Boyd resolved, seconded by Gay, that the application of Kevin and Penny Mandina for a Preliminary/Final Plat of a subdivision to be known as Ploojay Acres on the following described property, to wit: Being a replat of Lot 1, Keanland Estates Replat 1, a subdivision in the SE1/4 of Sec. 8, Twp. 13N, Rng. 11E of the 6th P.M., Sarpy County, Nebraska (183 rd Street and Fairview Road) be approved with the conditions as outlined in the recommendation of the Sarpy County Director of Planning & Building and as recommended by the Sarpy County Planning Commission as it meets the Sarpy County Comprehensive Plan and Subdivision Regulations. (Res. #2006-157) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Gay resolved, seconded by Cook, that the application of Boyer Young Equities V, LLC for a Final Plat of a subdivision to be known as Meridian Park Replat Two on the following described property, to wit: Being a replat of Lots 1-14, 18-62, 74-208, 227-269 and Outlot B, Meridian Park, a subdivision located in the NW 1/4 of Sec. 22, Twp. 14N, Rng. 11E of the 6 th P.M., Sarpy County, NE (165 th Street and Giles Road) be approved as recommended by the Sarpy County Director of Planning & Building and the Sarpy County Planning Commission as it meets the Sarpy County Comprehensive Plan and Zoning Regulations. (Res. #2006-158) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Doyle resolved, seconded by Boyd, that the application of Duane Dowd, Michael Huber, Lawrence Dowd, Jeffrey Farnham & Grand Prix, Inc. for a Final Plat of a subdivision to be known as Meridian Market Place (Formerly known as Stonecrest West) on the following described property, to wit: Being a platting of part of Tax Lot 3A1, a tax lot located in the NW1/4 of Sec. 22, Twp. 14N, Rng. 11E of the 6 th P.M., Sarpy County, Nebraska (SE corner of 168 th Street and Giles Road) be approved as recommended by the Sarpy County Director of Planning & Building and the Sarpy County Planning Commission as it meets the Sarpy County Subdivision Regulations with the stipulations that an area for the Register of Deeds Office to stamp and record the Final Plat be provided and the signature block for the Sarpy County Building Inspector be changed to the Sarpy County Director of Planning & Building. (Res. #2006-159) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Cook resolved, seconded by Boyd, that the application of Southern Pines Development, LLC, c/o John Allen for a Final Plat of a subdivision to be known as Southern Pines on the following described property, to wit: Lots 1-116, inclusive, and Outlots A-E, inclusive, Being a replatting of Lot 1, Goldstein s Addition, a subdivision, as surveyed, platted and recorded in Sarpy County, Nebraska, and a platting of part of the E1/2 of the NE1/4 of Sec. 21, Twp. 14N, Rng. 11E of the 6th P.M., Sarpy County, Nebraska, (SW corner of 168 th Street and Giles Road and is further described in the legal description attached to the resolution) be approved as recommended by the Sarpy County Director of Planning & Building and the Sarpy County Planning Commission as it meets the Sarpy County Subdivision Regulations and the Comprehensive Plan providing the applicant change the street names as required, provide an area for the Register of Deeds stamp and change the signature block from Sarpy County Building Inspector to Sarpy County Director of Planning & Building. Approval of the Final Plat is contingent on the subdivision agreement being executed. (Res. #2006-160) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing and discussion was held, Boyd moved, seconded by Gay to table Agenda item #14-I (Amendment to Comprehensive Development Plan - Rick Houck, Res. #2006-161) for one week. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: After a public hearing, Gay resolved, seconded by Doyle, to adopt a revision to the Sarpy County Comprehensive Plan, to include an appendix regarding Stormwater Management Policies and Map as developed by the Papillion Creek Watershed Partnership. Said appendix is attached as Exhibit A to the resolution. (Res. #2006-162) Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays:
The April, 2006 fee reports of the Clerk of the District Court ($13,193.12) and the Landfill ($260,876.19) were presented and placed on file. At 5:50 P.M. Boyd moved, seconded by Gay, to adjourn until May 16, 2006 at 3:00 P.M. Ayes: Cook, Gay, Boyd, Doyle & Schram. Nays: Chairman, Board of County Commissioners ATTEST: County Clerk ------------------------------------