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December 17, 2012 Minutes  

December 17, 2012

North Platte, Nebraska

 

Meeting of the Lincoln County Board of Commissioners. Present were Commissioners Joe Hewgley, Duane Deterding, Willis Roethemeyer, and County Clerk, Rebecca Rossell. Roethemeyer offered prayer. Chairman Roethemeyer called the meeting to order at 9:00 A.M.

 

Chairman Roethemeyer announced the Open Meeting Act with amendments is posted for public review and the county board will comply with the open meeting requirements.

 

Motion by Deterding, seconded by Hewgley to approve the minutes regarding the Lincoln County Board of Commissioners meeting held on December 10, 2012. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

Motion by Hewgley, seconded by Deterding to receive and order filed the treasurer’s receipts. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

Motion by Deterding, seconded by Hewgley to close the courthouse at 1:00 P.M. on December 24, 2012 unless it is declared a federal holiday then the courthouse will be closed all day. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

Motion by Hewgley, seconded by Deterding to receive and order filed the fee reports submitted by the County Treasurer, Clerk of District Court and Register of Deeds. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

The Lincoln County Board of Commissioners recessed at 9:15 A.M. and the Lincoln County Board of Equalization convened.

 

Chairman Roethemeyer announced the Open Meeting Act with amendments is posted for public review and the county board will comply with the open meeting requirements.

 

County Assessor, Julie Stenger appeared along with County Treasurer, Sue Fleck.

 

Motion by Hewgley, seconded by Deterding to approve the minutes regarding the Lincoln County Board of Equalization meeting held on December 10, 2012. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

Motion by Hewgley, seconded by Deterding to approve and authorize the chairman to sign the certificates of correction or refund submitted by the County Assessor on real and personal property. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

Motion by Hewgley, seconded by Deterding to approve the motor vehicle tax exemption application submitted by West Central District Health Dept as recommended for approval by the County Treasurer. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

The Lincoln County Board of Equalization adjourned at 9:24 A.M. and the Lincoln County Board of Commissioners reconvened.

 

Motion by Deterding, seconded by Hewgley to approve the special designated liquor permit submitted by Unreel Events LLC for an event to be held on December 28, 2012 at the Creekside Event Center. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

. Public hearing was opened at 9:30 A.M. regarding the new comprehensive development plan recommended by the Lincoln County Planning Commission through its adoption of Resolution No. AM 12-001a. The new comprehensive development plan has been referred to as the Lincoln County, Nebraska Comprehensive Development Plan Update 2011 to 2030. Emphasis added.

Judy Clark, Lincoln County Planning Administrator and Keith Marvin, consultant, gave a brief summary of the process over the last 2 years in building this plan that is being presented. Clark reported there are no changes to the Comprehensive Plan since the Commissioners first saw it. She reminded those in attendance that future land use is different than future zoning.

 

Stewart Allen told board members that land owners in the area north of town where he resides do not want industrial zoning now or in the future in their area. However, the comprehensive plan map changes this area from transitional agriculture to light industrial.

 

Commissioner Hewgley stated that the Planning Commission collectively felt they should make this recommendation with no changes to the comp plan. The County Board will need to decide what is best for the public good. A planned, organized process is necessary so there will be no spot zoning.

 

Allen replied that there are a lot better places in the county that could be zoned industrial rather than this area which is residential.

 

Judy Clark again commented that future land use is hard for the public to understand. It is not just one area that is being considered to accept possible future development. It just indicates that there is a possibility for other use down the road.

 

Allen stated again that no one in this area is acceptable to this change.

 

Commissioner Hewgley stated the only way to guarantee future use is to not sell the property.

 

Commissioner Roethemeyer added that the new property owner has the right to apply and rezone.

 

Commissioner Deterding commented that even if we leave it transitional agriculture now they can still come in the future and apply to have it changed.

 

Clark related that one of the tasks of this plan was to find future possible development areas so it does not appear that we are spot zoning.

 

Commissioner Deterding questioned why we can’t just leave it transitional agriculture for now since they don’t want it.

 

Clark responded this corridor was considered because of its proximity to Highway 83, North Platte and Interstate 80.

 

Bernice Ziegler stated that the comp plan refers to the county as being agriculture friendly and agriculture oriented. There is no reason to change this area, it needs to be left transitional agriculture and can be changed in the future as needed.

 

Commissioner Hewgley again replied that is current land use planning not future land use planning.

 

Ziegler asked if there were any legal implications to the zoning map.

 

Deputy County Attorney, Joe Wright, responded that if zoning changes do not match the comp plan then there is an extra step in the process to amend the comp plan.

 

Ziegler reported that in the September minutes of the Planning Commission it indicated that both maps would be changed to transitional agriculture for this area.

 

Clark said she remembered explaining at the last meeting that the zoning map would change but not the comprehensive plan map.

 

Kathy Allen commented there are 290 homes already in this area that need to be considered and she came away from the previous meeting with the opinion that both maps would be left transitional agriculture.

 

Commissioners Hewgley and Deterding both felt there is some type of misunderstanding between what was said concerning the maps and what is before them today.

 

Larry Hansen stated that the Perrett land borders his on two sides and that he has had no problems.

 

Don Mauk, North Platte Area Chamber and Development Corp. commented there are other areas that would be more easily developed for industrial uses.

 

Vicki Hansen told board members that truck traffic has been minimal and there are already several other types of businesses in this area.

 

The public hearing was closed at 10:27 A.M.

 

The County Board took no action until they could meet with the Planning Commission and determine why there was confusion about the zoning in the comp plan.

 

Public hearing was opened at 10:34 A.M. regarding the new zoning regulations recommended by the Lincoln County Planning Commission through its adoption of Resolution No. AM 12-002a. The new zoning regulations have been referred to as the Lincoln, Nebraska, Zoning Resolution, which is known, cited, and referred to as the “Zoning Regulations of The county of Lincoln, Nebraska.” Emphasis added.

Clark indicated this map has had extensive changes.

 

Marvin concurred stating the Perrett project was addressed and the raising and care of animals in an R-1 and/or R-2 residential district for 4-H, FFA, etc.

 

Commissioner Deterding asked about the difference in the definitions between animals and livestock.

 

Clark will look at changing the wording to livestock.

 

Ziegler thought livestock had been deleted from R-1 and R-2.

 

Clark explained the County Board will have to make an amendment or they can adopt the way it is written now.

 

Marvin indicated that if you are grandfathered in this also carries over to the next owner if they utilize the same use in a 12 month period.

 

Commissioner Roethemeyer reminded them that public health issues are one of the considerations for animals in the residential areas.

 

Eric Seacrest congratulated all the people that worked for over 2 years on this and feels that Lincoln County will be a much better county because of it.

 

Chairman Roethemeyer accepted Exhibit #1 and asked that it be placed on file. It is 9 pages and includes the recommendation from the Planning Commission, grammar and typo corrections and the minor changes as presented by Keith Marvin regarding animals.

The public hearing was closed at 10:58 A.M.

 

No action was taken following the public hearing.

 

Public hearing was opened at 10:59 A.M. regarding the new subdivision regulations recommended by the Lincoln County Planning Commission through its adoption of Resolution No. AM 12-003a. The new subdivision regulations have been referred to as the Lincoln County, Nebraska, Subdivision Regulations, which are known, referred to and cited as “The Subdivision Regulations of The county of Lincoln, Nebraska.” Emphasis added.

Clark stated there had been no comments or concerns about the subdivision regulations and there are no changes.

Marvin did indicate there were some provisions for land surveys and the County Road Dept. was formally added to the review process.

There were no comments from the public.

The public hearing was closed at 11:05 A.M.

No action was taken following the public hearing.

Jayna Schaff of Community Connections presented the 3 year Juvenile Services Plan from 2012 thru 2015. The only new project was to include the Lincoln County CASA program. The priorities are the same they have been in the past.

Motion by Hewgley, seconded by Deterding to approve the Juvenile Service Comprehensive Community Plan for December 31, 2012 – December 31, 2015 as presented and authorize the chairman to sign. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

Motion by Deterding, seconded by Hewgley to approve and authorize the chairman to sign the 2013 Juvenile Justice Grant Application for Community Planning and County Aid grant application to be submitted to the Nebraska Crime Commission. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

Motion by Hewgley, seconded by Deterding to approve and authorize the chairman to sign the 2013 Juvenile Justice Grant Application for County Aid Enhancement grant application to be submitted to the             Nebraska Crime Commission. Upon roll call vote Hewgley, Deterding and Roethemeyer voted “aye”. Nays, none.

 

Approved the following claims as presented for payment:

 

The meeting was adjourned at 12:47 P.M.

 

Advance notice and the agenda for the December 17, 2012 board meetings were sent to members of the County Board, County Attorney and all others requesting the same. Notice was posted at the Lincoln County Courthouse, City Hall and on the county website.

 

The December 24, 2012 County Board of Commissioners meeting was cancelled.

 

The agenda for the meetings to be held on Monday, December 31, 2012 will be kept continually current and open for inspection at the office of the Lincoln County Clerk. The regular meeting of the Lincoln County Board of Commissioners will be at the Lincoln County Courthouse in the Commissioners Room at 9:00 A.M. The regular meeting of the Lincoln County Board of Equalization will be at the Lincoln County Courthouse in the Commissioners Room at 9:15 A.M.

 

Rebecca J. Rossell

Lincoln County Clerk

 

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