Subject: [NEXTEL-1] Nextel Tower Power-

From: Marcel <[email-masked]>
Date: Fri, 10 Jan 2003 05:56:38 -0500

http://www.wahoonews.com/wahoonews/myarticles.asp?P=430164&S=512&PubID=8106&EC=0

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County attorney letter prompts tabling of Nextel issue

By Kate Grafel

Staff Reporter

WAHOO – The Saunders County Planning Commission tabled Nextel’s third permit application at its Monday meeting.

The application was to build a 370-foot communications tower on Edward Hanzel’s property south of the Pawnee Meadows housing development, which is on the west side of Highway 77 near its intersection with Highway 109.

Previous applications were for a 400-foot tower and a 395-foot tower.

Besides the height change, the latest permit application listed "Brian Ramirez, authorized agent of Nextel Partners/Wire-less Solutions" as the applicant. Previous applications did not expressly state the corporate attachment.

The commission tabled the application on County Attorney Tom Jaudzemis’ advice. Following is an excerpt from Jaudzemis’ Dec. 17, 2002, letter to the Planning Commission:

"It is my opinion that any action on this third application for a communications tower by the Planning Commission should be tabled at this time, as there are two prior applications for a 400’ tower and a 395’ tower on the same site. As you know, Nextel Partners, Inc. has filed two lawsuits in the United States District Court as a result of the denial of the first application (400’). …

If Nextel was successful in court, Jaudzemis’ letter said, the third application would be moot.

He advised that the application remain tabled "until there are final, non-appealable orders in the court cases."

Nextel representative Shaun Hemsted said the third permit application was intended to replace the first two.

"It is our hope to get a compromise to get this through, get this settled," Hemsted said. "The litigation can only be affected by past events; it cannot be judged on events that happen after."

Brian Hopis, a neighbor of the proposed tower site, spoke against the application.

"If Nextel wants to move forward on a new application, drop your suit then bring your new application forward," Hopis said. "They are jumping the chain of command. They want their cake and they want to eat it too. That’s the way I see it."

In other action,

– The commission approved Dave Rood’s permit to level an old railroad bed on his property southeast of Wahoo so an irrigation pivot can cross.

– The commission approved a permit for Dobson Brothers Construction Company to put a temporary concrete batch plant on a different section of Rood’s property, about 3.5 miles south of Wahoo on the west side of Highway 77. The state will resurface the roads the construction company uses.

– The commission approved a replat for Douglas Schmidt of Lincoln for his Woodcliff property. He revised the boundaries of two lots so the residents of one lot could add on to their house.

– The commission approved a permit for Carrie Leal of Ithaca to operate a dog kennel for breeding in what used to be a hog farrowing building on Lisa Taylor’s property two miles west of Mead.

– The commission approved a permit for the American Baptist Churches of Nebraska to build a chapel, a conference center and a recreation building at Camp Moses Merrill, which is east of Linwood in northwestern Saunders County.

– The commission tabled an application by Richard Ludvik of Omaha to construct a pond on his property, which is about four miles north of Ceresco and 1/4 mile east of Highway 77. Ludvik was not present to answer questions from the board and his neighbors.

– The commission tabled Douglas Hass’ application to reinforce the Wahoo Creek bank with concrete on his property about one mile south of Ithaca. The commission will require a detailed description of the work to be done. Hass was not present.

– The commission tabled an after-the-fact flood-plain-development application for Dave Woltemade to level a creek bank on Shirley Kracl’s property southeast of Morse Bluff. Woltemade, who farms the property, plans to build bridges for irrigation pivots to cross. The commission directed Woltemade to get a permit from the Army Corps of Engineers and to come back to the commission with a detailed description of the work he has done and plans to do.

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