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Commission tables renewal request for construction/demolition disposal site after unpaid road fees
Summary
County staff recommended denying renewal of a special-use permit for a construction and demolition (C&D) waste disposal site because required road-maintenance fees remained unpaid; the applicant asked for more time and the board tabled the request to late August to allow negotiation of an updated road-maintenance agreement.
The Sarpy County Board tabled action on a special-use permit renewal for a construction-and-demolition (C&D) waste disposal site operated on ~19.8 acres northwest of 100th and 111th Street after county staff said the operator remained out of compliance with zoning and had not finalized a required road-maintenance agreement.
The permit, originally approved in 2019 with a five-year term, allowed stockpiling and crushing of concrete and asphalt. Planning staff recommended denial because the permit expired March 31, 2024, the operator continued to work on the site without the renewed permit, and the outstanding road-maintenance fees from the original agreement had not been paid. Planning reported that a draft updated road-maintenance agreement was sent to the applicant in December 2024 and again in March 2025 with no substantive response.
Robert LaRocco, planning director, told the board that since the Planning Commission recommended approval in July 2024 the county has attempted numerous times to coordinate an updated road agreement and to collect the outstanding balance. He said the operator had been operating without necessary permits for roughly 16 months and staff had no path forward to resolve the violation and bring a favorable recommendation to the board.
Representatives for the owner—including Joe Grudenmeyer and an engineer from TD2—asked for a short layover so the parties could finalize a negotiated road-maintenance agreement. The applicant’s counsel and engineers told the board the owner, Brian (surname not fully stated), had faced health issues that limited responsiveness but that the owner was willing to meet with county staff.
Deputy County Attorney Nicole Spitzenberger recommended a minimum of two weeks and possibly three to complete negotiations and prepare an amended resolution that could include the new road-maintenance agreement. The board ultimately voted to table the matter and directed staff to continue negotiations; the item was set to return to the board on Aug. 26, 2025.
Planning staff said the updated road-maintenance agreement would: roll outstanding amounts from the 2019 agreement into a new payment schedule (spread over five years), calculate new maintenance fees tied to the applicant’s use, and include contributions toward a 108th Street paving project. County staff also noted that if the board denied renewal and enforcement followed, ongoing recycling and construction projects that rely on the site’s recycled concrete and asphalt could be affected.
The board’s tabling vote was unanimous. County staff and the applicant agreed to continue negotiations and return a finalized agreement and any amended resolution for board action in late August.
