Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
STAFF MEETING AGENDA
Lancaster County Board of Commissioners
New County-City Building
Meeting Room #113 - Adjacent to Council Chambers
Thursday, April 2, 1998
8:00 a.m.
AGENDA ITEM
1 APPROVAL OF STAFF MEETING MINUTES OF MARCH 26, 1998
2 ADDITIONS TO AGENDA
3 8:00am LEGISLATIVE UPDATE - Gordon Kissel, Legislative Consultant
4 8:30am COUNTY CHANGE OF ZONE POLICY - Tim Stewart, Planning Director
5 9:00am CHANGE OF ZONE NO. 165 ON PROPERTY LOCATED WEST OF N. 56TH
STREET BETWEEN MILL ROAD AND RAYMOND ROAD; KICKING BIRD
SUBDIVISION, COUNTY FINAL PLAT NO. 97033, NW CORNER OF SW 58TH
AND W. SPRAGUE ROAD - Mike DeKalb, Planning Department
6 9:30am RURAL TRANSPORTATION
Tim Howell, Director, Lancaster County Rural Transportation
7 9:45am ST. FRANCIS CHAPEL SALE CONDITIONS -
Diane Staab, Deputy County Attorney
8 10:00am FIRE DISTRICT BUDGETS
Dave Kroeker, Budget & Fiscal Officer
9 10:30am KEYFILE PROPOSAL - Kandra Hahn, County Clerk;
Robin Cihal, Office Automation Specialist
10 ACTION ITEMS
a. Approval of Selection Process & Review Committee for
Wilderness Park RFP
11 CONSENT ITEMS
a. Microcomputer Requests from Juvenile Probation,
C#98110 for $542.52 from Juvenile Probation Budget for
HP Laser Jet Printer
12 ADMINISTRATIVE OFFICER REPORT
a. County Board - City Council Copy Machine
b. Computers for Commissioners
c. Refinishing of Desks
d. Women's Commission's Advisory Reports
e. Letter from State Department of Roads re: Detour for hwy 79
13 PENDING
14 DISCUSSION OF BOARD MEMBER MEETINGS
a. Lancaster Manor Advisory Committee -Campbell
b. Master Plan Steering Committee - Hudkins
15 SCHEDULE OF BOARD MEMBER MEETINGS
a. Joint Budget Committee - Friday, April 3, 1998, at
8:00 a.m., at the County-City Building, Mayor's
Conference Room - Campbell, Steinman
b. Ecological Advisory Committee - Tuesday, April 7,
1998, at 7:00 a.m., at the County-City Building, Room
#106 - Tussing
c. Lincoln Partnership for Economic Development -
Tuesday, April 7, 1998, at 7:30 a.m., at the Chamber of
Commerce, Lincoln Room - Steinman
16 INVITATIONS TO BOARD MEMBERS
a. United Airlines Anniversary -Thursday, April 16, 1998, at
12:00 p.m., at the Cornhusker Hotel
17 CORRESPONDENCE TO THE COUNTY BOARD
18 CORRESPONDENCE FROM THE COUNTY BOARD
19 AGENDA ITEMS FOR COUNTY BOARD MEETING OF APRIL 7, 1998
20 EMERGENCY ITEMS AND OTHER BUSINESS
MINUTES
Lancaster County Board of Commissioners
County-city Building
Meeting Room #113
Thursday, April 2, 1998
8:00 A.m.
Commissioners Present: Linda Steinman, Chairman
Kathy Campbell
Steve Svoboda
Larry Hudkins
Darlene Tussing
Others Present: Kerry Eagan, Chief Administrative Officer
Melissa Koci, County Clerk's Office
AGENDA ITEM
1 APPROVAL OF MINUTES OF THE COUNTY BOARD OF COMMISSIONERS
MEETING OF MARCH 26, 1998
MOTION: Hudkins moved and Tussing seconded approval of the minutes.
On call Svoboda, Hudkins, Tussing and Campbell voted aye.
Steinman abstained from voting. Motion carried.
3 LEGISLATIVE UPDATE - Gordon Kissel, Legislative Consultant
Gordon Kissel, Legislative Consultant, briefly reviewed his
legislative update (Exhibit A), noting that LB 695 was passed, which
provides state aid to counties in the areas of reimbursement for
housing state prisoners in county jails and provides a formula based
on miles of county roads to assist counties. He stated that the
compromise was $35 per day and the Governor would veto the LB within
the five day requirement, however, it would be overridden.
Kissel reported that LB 1142, which provides a cushion for those
property owners whose property taxes increased by more than 8 percent
in one year was killed.
Kissel stated that he believes LB 512 will pass on Monday, and
indicated that the language regarding the creation of the Governor's
task force was dropped from the bill.
Kissel also reported that the following LB's are on the agenda for
final reading:
* LB 989, which changes budget limits for political subdivisions
* LB 1120, which regards fire districts
* LB 1354, which is the Wesley bill regarding burial
He also indicated that the Governor vetoed the County Extension money
from the Appropriations Bill, but the veto will be overridden.
3 ADDITIONS TO THE AGENDA
a. County Switchboard
b. Visitors Promotion Committee and Sports Industry
c. Firth Viaduct Meeting
d. Request from Lori McClurg regarding Wilderness Park
e. Junk Car Resolution
MOTION: Hudkins moved and Tussing seconded approval of the additions
to the agenda. On call Campbell, Hudkins, Tussing, Svoboda
and Steinman voted aye. Motion carried.
a. County Switchboard
Campbell inquired about who answers the County-City switchboard.
Hudkins stated that he would talk to Don Killeen at the Steering
Committee meeting.
b. Visitors Promotion Committee and Lincoln Sports Industry
Campbell reported that she received a letter from the VPC regarding
the abolishment of the Lincoln Sports Industry Commission. She also
said that the Lincoln Chamber of Commerce and Visitors Bureau have
agreed to establish a Lincoln Sports Promotion Committee. She
indicated that one of the Board members needs to attend the meeting on
April 23.
c. Firth Viaduct Meeting
Campbell indicated that the Firth Viaduct Meeting is being held April
2 at 7 p.m. at Norris High School.
4 COUNTY CHANGE OF ZONE POLICY - Tim Stewart, Planning Director
Tim Stewart, Planning Director, appeared and gave an overview of the
County Change of Zone Policy and reported that zoning is a use of
the police power in regulating the use of land and must be in general
conformance with the Comprehensive Plan.
Campbell indicated that in Item 1, Implementation Strategies, the
following language needs to be kept in the new policy, "The laws of
Nebraska require that zoning regulations be in accordance with the
comprehensive plan and be designed to accommodate anticipated long
range future growth."
Stewart stated that Nebraska has a general conformity standard so
strict conformity is not a requirement.
Campbell indicated that the Board needs to make a decision regarding
Change of Zone 165. She said that the Board would look at the
criteria and decide whether to use the updated criteria, the old
criteria or additional criteria to deal with acreages.
Stewart said after an application is submitted under separate rules
and criteria, the criteria that the application was filed under need
to be used.
Campbell indicated that the Planning Department needs to look at Items
10-14 of the Revised County Change of Zone Policy because she believed
there were some changes in how it is written.
Steinman stated that the 3-mile zoning committee will be looked at
before the next Comprehensive Plan meeting.
Hudkins referred to Item 12 on the 1987 County Change of Zone Policy,
"The appropriateness and usability of the site size requested" and
indicated that in the State of Nebraska the smallest amount of land
that a person can divide without a subdivision is 10 acres and
Lancaster County is 20 acres. He stated that some of the surrounding
counties have gone to 10 acres and asked Dekalb if he would contact
the adjoining counties to find out how many acres each county can
divide.
2 ADDITIONS TO THE AGENDA
d. Request from Lori McClurg regarding Wilderness Park
Kerry Eagan, Chief Administrative Officer, indicated that Lori McClurg
received an email from an individual claiming that the County Board
supported a moratorium on development around Wilderness Park.
Stewart stated that the Board would find the response on the action
taken on the 3 Comprehensive Plan Amendments. He said that the Board
approved the suggestion to develop a subarea plan for the park, but
did not support the proposals for changing the land back or preparing
a moratorium. Amendment 8a approved a subarea plan, Amendment 8b
denied a proposal from Melva Plouzek to revert the land use back to an
agricultural land use and Amendment 8c denied a moratorium on all
development until future action is taken.
5 CHANGE OF ZONE NO 165 ON PROPERTY LOCATED WEST OF N 56
STREET BETWEEN MILL ROAD AND RAYMOND ROAD; KICKING BIRD
SUBDIVISION, COUNTY FINAL PLAT NO 97033, NW CORNER OF SW
58TH STREET AND W SPRAGUE ROAD
Mike Dekalb, Planning Department
Mike Dekalb, Planning Department, appeared and reported that County
Final Plat No. 97033, Kicking Bird Subdivision, requested by Sherrie
Gregory, is ready to be placed on the County Board's agenda.
Dekalb submitted a County Planning Staff Report (Exhibit B) for Harry
Muhlbach and indicated that the Planning Commission recommended denial
because it was not in conformance with the plan. He stated that Mike
Rierden, attorney for the applicant, requested a 6 month deferral and
that 6 months has arrived. He said that the request is not within the
3-mile jurisdiction and it is to change from AG Agricultural to AGR
Agricultural Residential, which would be too dense.
He also stated that he would call Mike Rierden and advise him that the
3-mile committee will be formed and that their recommendation would be
ready by fall. He said that if the change of zone is denied the
applicant will have to wait one year to refile.
2 ADDITIONS TO THE AGENDA
f. Economic Development Report
MOTION: Tussing moved and Hudkins seconded to add the Economic
Development Report to the agenda. On call Tussing, Hudkins,
Svoboda, Campbell and Steinman voted aye.
Troy Gagner, Economic Development, appeared and submitted a
Preliminary Summary Report (Exhibit C). He indicated that PJ's Green
Acres has requested $20,000 from the County to add a new greenhouse
with a washing facility. He said that instead of the project creating
2 jobs it would create around 6 jobs.
Gagner also indicated that Economic Development received 2 additional
applications that are not ready for the loan committee but are in
process. He said that Technitronix Corporation is a computer company
that is planning on building a new facility in the Waverly area for
better access to the Interstate, with a creation of 8-10 jobs. The
project costs are estimated to be $300,000, with approximately
$80,000-$100,000 requested from the County.
The other project is for a new day care facility large enough to house
51 children, which would also create 10 jobs. The project costs are
estimated to be $200,000, with approximately $60,000-$80,000 requested
from the County.
6 RURAL TRANSPORTATION - Tim Howell, Director, Lancaster
County Rural Transportation
Tim Howell, Director of Lancaster County Rural Transportation,
appeared and indicated that the County needs to file their application
for Public Transportation Assistance. He said that part of the
funding for next year has not been appropriated.
MOTION: Hudkins moved and Tussing seconded to approve the
application for Public Transportation Assistance. On call
Hudkins, Tussing, Campbell, Svoboda and Steinman voted aye.
Motion carried.
2 REPORT ON RURAL ROAD IMPROVEMENT DISTRICTS
MOTION: Campbell moved and Svoboda seconded to add a report on Rural
Road Improvement Districts to the agenda. On call Campbell,
Svoboda and Steinman voted aye. Hudkins and Tussing were
absent. Motion carried.
7 ST FRANCIS CHAPEL SALE CONDITIONS - Diane Staab, Deputy
County Attorney
Diane Staab, Deputy County Attorney, appeared and indicated that John
Layman, Appraiser, would be at the County Board hearing on April 7.
She stated that she would make the appraisal on the St Francis Chapel
part of the public record to allow for review by the public prior to
the hearing. She reported that the County still has a lease agreement
on the St. Francis Chapel through September 30, 1998 which the County
wants the buyer to assume.
Eagan reported that if the Board wanted to cancel the lease because
the St. Francis Chapel Foundation has not fulfilled the agreement they
can. He indicated that the St. Francis Chapel Foundation needs to
testify what their intentions are.
The Board discussed the following:
* If the foundation has been taking deposits before September 30
* Providing the County Board with an itemized list of items that were
completed with proof
* Provide the County Board with a list of scheduled events
* What are their intentions with regard to holding out on the lease
2 ADDITIONS TO THE AGENDA
e. Junk Car Resolution
The Board discussed several issues regarding the Junk Car Resolution
and the Beautification Resolution.
MOTION: Hudkins moved and Campbell seconded to form a task force
consisting of Kerry Eagan, Diane Staab, Mike Dekalb,
Building & Safety, City Attorney, City-County Health
Department and 2 representatives from the County Board to
review the beautification and junk cars ordinances and
report back to the County Board every 2 weeks. On call
Hudkins, Tussing, Campbell, Svoboda and Steinman voted aye.
Motion carried.
2 ADDITIONS TO THE AGENDA
f. Rural Road Improvement District Report
Campbell briefly discussed the Rural Road Improvement Districts. She
indicated that Diane Staab will write a policy and procedure on
Special Improvement Districts for the County Board to hand out to
anyone. She indicated that on April 16 a public hearing needs to be
set to go over the policies and procedures.
8 FIRE DISTRICT BUDGETS - Dave Kroeker, Budget & Fiscal Officer
Dave Kroeker indicated that he received a letter from the Auditor
regarding Lancaster Manor and adding $11,000,000 to Lancaster County's
budget for $10,000. He stated that the Board needs to set a public
hearing for April 14 to increase the Grant Fund Budget by $11,000,000.
With regards to the Fire District Budgets, Kroeker submitted a budget
and a map on the fire districts (Exhibits D & E). He indicated that
the 15 cents will be effective for fiscal year 98/99 and that the
Agricultural Society's events center will be funded. He also reported
that the Legislature this year has included the amount for the library
fund as part of county levy which is 30 cents and not part of the 15
cents. He said it is possible to use the additional 5 cents for
interlocal agreements to fund the rural library contract.
Campbell said that if the Board can keep the Rural Library within the
15 cents the Board will relook at the issue when reviewing the
budgets.
Kroeker indicated he would draw up a new Fire District Budget sheet
without the Rural Library as indicated on the previous one.
Kroeker also questioned whether or not the fire districts could save
money by joint purchase of insurance or training. He briefly overviewed
Lancaster County's rural population with regards to the Cities,
Villages and Fire District budgets.
9 KEYFILE PROPOSAL - Kandra Hahn, County Clerk; Robbin Cihal,
Office Automation Specialist
Kandra Hahn, County Clerk, appeared and reported that Lancaster County
needs to make an additional investment in project design and project
implementation and that the goal is for the County Commissioners and
County Attorney's Office to implement the County Records System. She
indicated that the cost for Docuphase services is $15,000, which does
not include equipment.
MOTION: Campbell moved and Tussing seconded to proceed with the
Keyfile proposal at $15,000 and request Dave Kroeker to take
the money out of the fund regarding Keyfile. On call
Campbell, Tussing, Hudkins, Svoboda and Steinman voted aye.
Motion carried.
Campbell asked Hahn when the Commissioners would be able to begin
working with Keyfile.
Hahn indicated around August.
Robbin Cihal, Office Automation Specialist, indicated that the Board
will need 15 inch monitors because the Keyfile system doesn't work
appropriately on the smaller monitors.
Kerry Eagan stated that a contract or agreement needs to be drawn up
to pay Docuphase for their services.
10 ACTION ITEMS
a. Approval of Selection Process & Review Committee
for Wilderness Park RFP
MOTION: Tussing moved and Hudkins seconded approval. On call
Tussing, Hudkins, Campbell, Svoboda and Steinman voted aye.
Motion carried.
11 CONSENT ITEMS
a. Microcomputer Requests from Juvenile Probation, C#98110
for $542.52 from Juvenile Probation Budget for HP Laser
Jet Printer
MOTION: Hudkins moved and Campbell seconded approval of Consent
Items. On call Campbell, Tussing, Hudkins, Svoboda and
Steinman voted aye. Motion carried.
12 ADMINISTRATIVE OFFICER REPORT
a. County Board - City Council Copy Machine
Eagan stated that there is a joint copy machine for the City Council
and County Board's use because there was enough joint usage to justify
machine with more features. He said that City Council has canceled
their usage code on the copier. The Board discussed speaking with Linda
Wilson about the copy machine usage and agreement.
b. Computers for Commissioners
Eagan stated that the computers being used by Commissioners are not capable
of using Keyfile and need to be upgraded. Eagan will research the
requirements and cost of computers upgrades for the Commissioners.
c. Refinishing of Desks
Eagan indicated that he needs a request from anyone who wants their
desk fixed. It was decided to repair all of the desks, with two to be
send out.
d. Women's Commission's Advisory Reports
The Board agreed to allow the Women's Commission to send out
information regarding "Advisory Reports" to the County Village Clerks
and Towns.
e. Letter from State Department of Roads re: Detour for
Highway 79
Eagan reported that the project is for Fiscal Year 2000 and the letter
is requesting permission to use county roads for a detour. He stated
that under state law the Department of Roads has the right to use any
road for a detour. Eagan said that Don Thomas, County Engineer, is in
favor of the project.
The Board authorized Don Thomas to respond on behalf of Lancaster County.
14 DISCUSSION OF BOARD MEMBER MEETINGS
a. Lancaster Manor Advisory Committee - Campbell
Campbell reported that the committee had a speaker on depression and
the elderly. She indicated that the committee meets again in 2 months.
b. Master Plan Steering Committee - Hudkins
Hudkins reported that the county offices on the north side can not
lock there doors at 4:30 so the offices would like panic bars as
people leave so the doors will shut.
He also asked for a decision by the Board regarding the cupboards in
the County Commissioners office. He indicated that if the doors are
put in it would cost $700, if the Board decides to rebuild the
cabinets it's $2,100.
MOTION: Hudkins moved and Tussing seconded to approve
extending the cabinets in the County Commissioners Office at an
estimated cost of $2,100. On call Tussing, Campbell, Hudkins,
Svoboda and Steinman voted aye. Motion carried.
15 SCHEDULE OF BOARD MEMBER MEETINGS
a. Joint Budget Committee - Friday, April 3, 1998, at 8:00
a.m., at the County-City Building, Mayor's Conference
Room - Campbell, Steinman
b. Ecological Advisory Committee - Tuesday, April 7, 1998,
at 7:00 a.m., at the County-City Building, Room #106 -
Tussing
c. Lincoln Partnership for Economic Development - Tuesday,
April 7, 1998, at 7:30 a.m., at the Chamber of Commerce,
Lincoln Room - Steinman
16 INVITATIONS TO BOARD MEMBERS
a. United Airlines Anniversary - Thursday, April 16, 1998,
at 12:00 p.m., at the Cornhusker Hotel
17 CORRESPONDENCE TO THE COUNTY BOARD
18 CORRESPONDENCE FROM THE COUNTY BOARD
19 AGENDA ITEMS FOR COUNTY BOARD MEETING OF APRIL 7, 1998
20 EMERGENCY ITEMS AND OTHER BUSINESS
21 ADJOURNMENT
By direction of the Chair, the meeting was adjourned.
Kandra Hahn
Lancaster County Clerk
AMENDMENT
MINUTES OF APRIL 2, 1998
LANCASTER COUNTY BOARD OF COMMISSIONERS
Steinman requested a clarification be made on the minutes of April 2,
1998 regarding the 3-mile zoning committee, however, when reviewing
the tape of the County Board of Commissioners meeting the County
Clerk's Office found no additional information that was discussed.
The following is typed verbatim regarding the Junk Car Resolution:
Steinman: I'm going to a candidate's forum at the Southwest Business
Association and I want to be able to tell them what's going on.
Staab: I haven't done anything more with the Junk Car Resolution.
Hudkins: I need answers to that question too.
Staab: I think we need to talk to the City Attorney and whoever else.
Hudkins: Can we authorize you to do it then?
Campbell: Let's say it's outside the city limits.
Staab: Well that's different.
Campbell: And this has nothing to do with the zoning jurisdiction.
Hudkins: But it is within the 3-mile limit.
Campbell: As I understand the Lincoln's junk car it is a city
ordinance. A city ordinance does not apply outside the city limits.
Diane was the one that said if we do something it should be tied to
our zoning, but the city's isn't tied to their zoning.
Staab: Their junk car ordinance is not.
Campbell: I don't think it's in the 3-miles, when it is in the city
limits, I don't think their junk car applies because I think it is a
city ordinance.
Steinman: I had information from the last time we talked that it could
be applied to the 3-mile zoning, or at least part of it.
Staab: There is Health Department regulation outside the city limits
outside the 3-mile we cannot do anything right now within the 3 miles.
I stated before that we do not have the power to do an ordinance like
the City has done with the Police Department, because all of our
public health safety stuff is zoning and it is outside the 3 miles.
Steinman: Now this is the sticker and the sticker is that the Health
Department still enforces the zoning that the city has within the 3-mile.
Staab: So does Building & Safety and they have other zoning things
that include junk cars whether they like to say it or not.
Steinman: So Building & Safety can enforce the city's zoning
jurisdiction within the 3-mile.
Campbell: But I don't think the junk cars is tied to their zoning.
Staab: They have a clean beautiful house zoning type thing.
Steinman: Building & Safety does?
Staab: No, the city zoning does.
Steinman: That's a criminals ordinance. . .yes they can receive a
citation.
Staab: Right, but they have it.
Steinman: But now we have nobody who can enforce it.
Eagan: If the City chooses not to.
Steinman: The Law Enforcement has no jurisdiction outside the city
limits.
Hudkins: Can the Sheriff enforce. . .the Health Department is a city
agency. It's enforced and administered by the City. So can the
Sheriff write citations off of Health Department policies? Then why
aren't we doing it, they won't do it. We need a directive from your
office or something to...
Staab: You want them to write tickets for a City Zoning violation?
Eagan: We did that opinion awhile back and that was the conclusion.
Staab: So could Building & Safety, but the City Prosecutor is going to
have to enforce it though.
Hudkins: And they won't do it.
Eagan: And that's what the opinion said, sure the Sheriff can write a
citation, send it to the City Attorney and the City Attorney says, "Oh
I don't feel like doing this."
Hudkins: Because it's a county matter. I'm running into that on junk
cars and trailer houses.
Campbell: Let's get outside the 3-mile.
Steinman: No, no I want to go through the 3-mile first, get this
straight and then we can go outside the 3-mile.
Tussing: Then if we can hook it into zoning rights and health deals,
that's what you presented to us that time. We have the problem in
that 3-mile radius.
Hudkins: How do we get the power to enforce it? I do not blame the
Sheriff and Building & Safety for not writing a citation if it's not
going anywhere.
Staab: I think that's why we need to meet with someone from the City
and make sure. . .
Steinman: Can you and I meet. . .
Hudkins: I want to be involved in that too.
Eagan: If it's within 500 feet or 500 yards of the subdivision then it
is likely to attract rats.
Tussing: And the Health department did shut some down with that.
Eagan: And then there is a salvage operation, you need a special
permit to have a salvage operation.
Steinman: We've got a problem outside the 3-mile and those aren't
being enforced either.
Campbell: But within the 3-miles the Health Department dealt with one
that I called in. People were putting garbage in junk cars.
Steinman: A lot of them aren't as clear cut as that.
Campbell: You want the cars gone?
Steinman: We have gone to the Health Department and nobody prosecutes
them.
Hudkins: On these illegal trailers they even took ads where the
persons renting out the trailers and the City Prosecutor wouldn't
enforce it.
Campbell: The problem is with Austin. The Health Department has done
its job and Codes has done its job. In both of these situations it's
down to the prosecution.
Staab: They probably enacted that ordinance with junk cars because
they were having a hard time enforcing any zoning thing. So when they
enacted that, it cleaned up the city and now they are saying well you
do your own. We can't blame them for that.
Campbell: But they've tied it all to the zoning. But if they have
just a city ordinance, why can't we go to the Legislature and say we
need the power of a resolution beyond any city limit to take care of.
. .
Hudkins: Then let's get (inaudible) so we can introduce it next
January and get on with it, because we have been fighting this for 3
or 4 years.
Campbell: It isn't that the Health Department or Codes hasn't done its
job, we are at the point in which the City Attorney is not
prosecuting. We are going to two things, one is we're going to meet
with the City Attorney and found out what we need to do to do that,
number two is draft a resolution to the legislation in order to get
the county's authority to do it if we have to. It will be an
interesting and we will have to word it pretty carefully because in an
agricultural area people peice out equipment. It's a nature of the
agricultural business that you keep some of that. So we are going to
have to be careful.
Tussing: But that was kind of where we were tieing it a little bit to
zoning wasn't it? Because you had some way of differentiating that
out.
Staab: You had talked about having different criteria for each . . .
When is your meeting?
Steinman: Today. It's a forum.
Staab: I don't know if these people have talked to the city about why
they can't do some sort of zoning thing if they are within the 3-mile.
Steinman: There is a zoning thing, they don't get any cooperation from
Building & Safety. The Health Department has come out and has done a
complete survey of all the places where a problem exists. The problem
is the one that you described, in order to articulate that it actually
is a health problem it is very difficult and so prosecution is
something that nobody wants to get involved in. Even though they have
identified the areas that are a real concern, there wouldn't be any
problem under the city's ordinance. There is a definite problem under
the kinds of zoning regulations that we have that are available in the
county.
Staab: Maybe we should see if Diane can step upstairs and talk to
somebody and clarify if it is a zoning ordinance.
Staab: With Building & Safety you mean?
Steinman: I know that it isn't.
Staab: They have another city ordinance that they recently did and
it's called the "Junk Beautification". Part of is that you can't have
a bunch of junk in your yard and one of those things is a car.
Steinman: It's got to be running, it's got to be registered. They
have been able to prosecute those, they've gotten rid of a lot. A lot
of them have been brought into our territory then.
Campbell: So can we find out?
Staab: It says right in the ordinance that it extends to the 3-mile.
Not the junk car ordinance, but the beautification ordinance.
Campbell: I think we need to send Diane and say under the house
beautification it says to that why are you not prosecuting.
Eagan: Let's set up the meeting then with Larry Hudkins, Kerry Eagan,
Linda Steinman, Diane Staab, City Attorney, Building & Safety, Health
Department and whoever else needs to be at the meeting and let's get
to the bottom of it.