Lancaster County
Board of Commissioners
Board of Commissioners
MINUTES LANCASTER COUNTY BOARD OF EQUALIZATION COMMISSIONERS HEARING ROOM FIRST FLOOR, COUNTY-CITY BUILDING TUESDAY, FEBRUARY 25, 1997 1:30 P.M. Commissioners Present: Linda Steinman, Chair Kathy Campbell Larry Hudkins Steve Svoboda Darlene Tussing Others Present: Kerry Eagan, Chief Administrative Officer Diane Staab, Deputy County Attorney Kandra Hahn, Lancaster County Clerk 1) MINUTES: Approval of the minutes of the Board of Equalization meeting held on Tuesday, February 18, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) MOTION: Hudkins moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda and Tussing voted aye. Campbell abstained. Motion carried. 2) ADDITIONS AND DEDUCTIONS: Approval of 23 additions and deductions to the tax assessment rolls as per Exhibit "A" and "B". MOTION: Campbell moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) MOTOR VEHICLE TAX EXEMPTIONS: Approval of the following motor vehicle tax exemptions: Bryan Memorial Hospital Calvary Cemetery Christ United Methodist Church Christian Retirement Homes, Inc. dba/Eastmont Towers Sacred Heart Church MOTION: Tussing moved and Svoboda seconded approval of the exemptions for Christ United Methodist Church, Christian Retire- ment Homes, Inc. dba/Eastmont Towers and Sacred Heart Church and for Bryan Memorial Hospital and Calvary Cemetery subject to the vehicles being registered and titled to the applicants. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. 4) 451 AND 451A EXEMPTION APPLICATIONS: Approval of 451 & 451A Tax Exemption Applications on Personal Property and Real Estate as per Exhibit "C" and "D". MOTION: Campbell moved and Hudkins seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. MINUTES LANCASTER COUNTY BOARD OF COMMISSIONERS COMMISSIONERS HEARING ROOM FIRST FLOOR, COUNTY-CITY BUILDING TUESDAY, FEBRUARY 25, 1997 1:30 P.M. Commissioners Present: Linda Steinman, Chair Kathy Campbell Larry Hudkins Steve Svoboda Darlene Tussing Others Present: Kerry Eagan, Chief Administrative Officer Diane Staab, Deputy County Attorney Kandra Hahn, Lancaster County Clerk 1) MINUTES: Approval of the minutes of the Board of Commissioners meeting held on Tuesday, February 18, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) MOTION: Tussing moved and Hudkins seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 2) CLAIMS: Approval of all claims processed through Tuesday, February 25, 1997, with the exception that the vote of any Commissioner who might have a conflict of interest in the payment of any claim shall be deemed an abstention from approval for such claims alone. MOTION: Svoboda moved and Campbell seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) ITEMS OF PUBLIC PARTICIPATION: * Presentation of the County-City Volunteer of the Month Award to Susan Janssen for her services with the Lancaster County Election Commissioner's Office. NEW BUSINESS: At the Direction of the Chair, Item 5W will be heard before the public hearing because there are a number of people participating on the item. W. Appointment of Dennis Banks to the position of Lancaster County Attention Center Director, at an annual salary of $46,000, effective February 25, 1997, with an annual salary review in six months. Dennis Banks, Interim Director for the Attention Center, appeared and thanked the Board for their support, guidance and leadership over the past 7 months in his role as Interim Director. He also thanked Kerry Eagan and the staff at the Attention Center for their support. Banks also recognized his family and thanked them for their support. MOTION: Campbell moved and Hudkins seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. 4) PUBLIC HEARINGS: A. A public hearing regarding the 1997 Comprehensive Plan Annual Review, and the 22 separate Comprehensive Plan Amendments. Steinman opened the public hearing. Tim Stewart, Planning Director, appeared and indicated that there were two amendments to the Comprehensive Plan which included a concern regarding the direction in growth analysis, Item 1B. He said that the Planning Commission recommended approval of the amendment, which qualifies the direction in growth analysis by saying, "Inclusion of this information in this Comprehensive Plan Amendment will have no real or implied consequences for change to the Comprehensive Plan, zoning or land use maps. Such changes may be appropriate following the completion of the related studies (i.e. South and East Beltway MIS, Antelope Valley MIS and other ongoing planning efforts) and the appropriate public reviews." Campbell stated that the Board needs to add the amendment to the motion. Stewart indicated that the other amendment he was concerned about was Item 5D, pertaining to acreages. He said that the "language" had been proposed by the Mayor to discourage additional acreage development in the three-mile limit. He indicated that the amendment was to not change the language and keep it at, "A joint task force of the City and County officials, staff and citizens should be convened to study possible changes to current policy and the implications of such changes for land use within the three-mile area and the balance of the County." He said that the Planning Commission adopted the amendment unanimously, with the support of staff. With regards to Item 5S, Amendment #15, Stewart indicated that the applicant had requested the City Council to place the item on pending. Stewart requested that the Board place Item 5S on pending. Stewart indicated that the Planning Commission has recommended denial on Item 5T. Stewart said that the Planning Commission recommends approval on all of the amendments except Item 5T. Campbell asked Stewart if the Planning Department could give the Board a timetable for the work that is left. Stewart indicated that he spoke with Mike Dekalb and Kent Morgan and all three agreed that they could get the 1987 criteria completed in 30 days. He said that the second item is the lot inventory and base data sets that the Planning Commission is trying to put together. He stated that Planning has been working with the Assessor's Office in getting the data out of the oracle database. He said that it would take 4 to 6 weeks to get a base data set put together and available for the community to review. Peter Katt, appeared on behalf of The Homebuilders Association of Lincoln, Lincoln Board of Realtors and Prairie Homes/Steve Champoux. He indicated that the Homebuilders Association and Lincoln Board of Realtors had concerns regarding Items 5B and 5D, which were addressed by Mr. Stewart. He agreed with the information given by Mr. Stewart, and requested approval of both items. Katt, on behalf of Prairie Homes on Item 1E, indicated that they support the Comprehensive Plan Amendments that have been proposed. He stated that one of Prairie Home's Change of Zone applications has been on pending with the Planning Commission for 18 months because they were waiting for the Land Use Task Force report to be completed. He said that he would push the Planning Department to bring the "specifics" with regard to the County portion of the Comprehensive Plan forward and get the "specifics" in front of the Planning Commission and the Board within 90 days. Steinman asked if anyone wished to appear in opposition to the 1997 Comprehensive Plan Annual Review. No one appeared. Steinman asked if anyone wished to appear in a neutral position. Bill Siefert, farmer in Southeast Lincoln, appeared and stated that he applauds the recommendations with regards to the findings of the Task Force. His concerns were regarding the compatibility of the County Board. He indicated that the rural housing and acreage development needs to be more definitive, so the developers and farmers know where they're headed. Steinman closed the public hearing. 5) NEW BUSINESS: A. Resolution No. 5439, Comprehensive Plan Amendment #1A to continue the 90/10 population ratio between the City and County as the basis for all planning studies and activities. MOTION: Hudkins moved and Campbell seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. B. Resolution No. 5440, Comprehensive Plan Amendment #1B amending Chapter VIII, Plan Maintenance and Implementation, to accept two directional growth alternatives, for purposes of study only, for projected long term growth: 1) East 70% and North 30%; and 2) South 35% and North 30%. Steinman indicated that the motion should include Southwest 35%. Staab indicated that the motion should include the amendment made at the Planning Commission. MOTION: Tussing moved and Hudkins seconded approval to add the amendment "Inclusion of this information in this Comprehensive Plan Amendment will have no real or implied consequences for change to the Comprehensive Plan, zoning or land use maps. Such changes may be appropriate following the completion of the related studies (i.e. South and East Beltway MIS, Antelope Valley MIS and other ongoing planning efforts) and the appropriate public reviews," and to add the Southwest 35% to the resolution. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. C. Resolution No. 5441, Comprehensive Plan Amendment #1C to commit to construction of the Salt Valley Relief Sewer. MOTION: Svoboda moved and Campbell seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. D. Resolution No. 5442, Comprehensive Plan Amendment #1D, to add language regarding a policy for acreage development in Lincoln's three-mile zoning limit. MOTION: Svoboda moved and Campbell seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. E. Resolution No. 5443, Comprehensive Plan Amendment #1E, to incor- porate the County Comprehensive Plan Task Force findings and recommendations into the Comprehensive Plan. MOTION: Campbell moved and Tussing seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. F. Resolution No. 5444, Comprehensive Plan Amendment #2, amending Chapter III, Future Needs and Land Use Plan, to incorporate the "Directional Growth Analysis" and Build-out scenario of the Land Use Plan. MOTION: Campbell moved and Svoboda seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. G. Resolution No. 5445, Comprehensive Plan Amendment #3, to amend Figure 65, "Anticipated 2015 Lincoln Service Limit and Phasing Plan", to include the Yankee Hill area, generally along South Folsom, from North of Prospector Court past Pioneers Blvd, in the future service limit. MOTION: Campbell moved and Svoboda seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. H. Resolution No. 5446, Comprehensive Plan Amendment #4, to amend the Land Use Plan and Phasing Plan to reflect past zoning, development and annexation actions of the City and County. MOTION: Campbell moved and Tussing seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. I. Resolution No. 5447, Comprehensive Plan Amendment #5, requested by the Director of Public Works and Utilities, amending Chapter IV, Transportation, to include the recommendations and the report of the Congestion Management Task Force. MOTION: Campbell moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. J. Resolution No. 5448, Comprehensive Plan Amendment #6, to amend Chapter IV, Transportation, to incorporate recommended street improvements at the intersection of 56th and Pioneers Blvd. MOTION: Svoboda moved and Tussing seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. K. Resolution No. 5449, Comprehensive Plan Amendment #7, to amend Chapter IV, Transportation, to include a future interchange project at the intersection of the Capital Parkway West and Salt Valley Roadway. MOTION: Tussing moved and Hudkins seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. L. Resolution No. 5450, Comprehensive Plan Amendment #8, to amend Chapter IV, Transportation, to designate West Pleasant Hill Road and West Denton Road as potential paving projects. Mike Dekalb indicated that the amendment is designating Southwest 33rd Street between West Pleasant Hill and Road and West Denton Road. MOTION: Hudkins moved and Campbell seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. M. Resolution No. 5451, Comprehensive Plan Amendment #9, to amend Chapter IV, Transportation, to incorporate changes in the Trails Master Plan. MOTION: Campbell moved and Tussing seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. N. Resolution No. 5452, Comprehensive Plan Amendment #10, to amend Chapter V, Public Utilities, to refine the Water Distribution Master Plan. MOTION: Hudkins moved and Svoboda seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. O. Resolution No. 5453, Comprehensive Plan Amendment #11, to amend Chapter V, Public Utilities, to reflect changes as a result of actions affecting the Lincoln Wastewater Facility Plan. MOTION: Tussing moved and Svoboda seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. P. Resolution No. 5454, Comprehensive Plan Amendment #12, to amend Chapter V, Community Facilities, to update the Proposed Park Plan. MOTION: Campbell moved and Tussing seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. Q. Resolution No. 5455, Comprehensive Plan Amendment #13, to revise the Lincoln Land Use Plan to change the designation of land between North 7th and 14th Streets, north of Morton Street to Interstate 80, from Low Density Residential to Urban Residential. MOTION: Campbell moved and Tussing seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. R. Resolution No. 5456, Comprehensive Plan Amendment #14, to revise the Lincoln Land Use Plan to change a 20-acre area at the South- east corner of 84th Street and Old Cheney Road from Residential to Commercial. MOTION: Tussing moved and Hudkins seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. S. Resolution No. 5457, Comprehensive Plan Amendment #15, to revise the Lincoln Land Use Plan to change an 18-acre area at the South- west corner of 56th Street and Pine Lake Road from Residential to Commercial. At the direction of the Chair, Item 5S, was placed on pending. T. Resolution No. 5458, Comprehensive Plan Amendment #16, to amend Chapter VIII, Plan Maintenance and Implementation, by amending the Phasing Plan to designate land in Subarea 32 as Phase III, generally south of Pine Lake Road and north of Rokeby Road between 14th and 33rd Streets. MOTION: Campbell moved and Tussing seconded to deny Resolution No. 5458. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. U. Resolution No. 5459, Comprehensive Plan Amendment #17, to amend the Lincoln Land Use Plan to designate land west of 14th and Pine Lake Road from Urban Residential, Parks, and Open Space to Industrial, and to designate the area as an "Employment Center" in Phase I of development. MOTION: Tussing moved and Svoboda seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. V. Resolution No. 5460, Comprehensive Plan Amendment #18, amending the Lincoln Land Use Plan to incorporate the Subarea Plan for the area along West A Street, between Coddington and Southwest 40th Street. MOTION: Svoboda moved and Campbell seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. X. Keno grant contracts between the City of Lincoln, Lancaster County and the following: Agency Purpose Amount Bright Lights, Inc. For the "Scholarship $5,000 Program" for 70 low income youth Child Advocacy Center To conduct exams and $5,000 interviews Homestead Girl Scout For the flexible delivery $4,000 Council program for scouting after school Lincoln Lancaster For the student $3,500 Family Resource outreach program for 350 Centers Inc. youth Madonna Rehabilitation To create a model protocol $4,000 Center for older adults who voluntarily relocate to low income retirement settings Nebraska Human To work with 20 youth from $2,500 Resources Research Juvenile Court in a peer Foundation project with college students Rape/Spouse Abuse To work with rural women, $5,000 Crisis Center women of color and teenagers St. Elizabeth To provide support for $5,000 Foundation training of Community Builders leaders UNL Cooperative To train 30 leaders to $4,700 Extension present the "Character Counts" project to over 800 youth YWCA of Lincoln For general operating $5,000 support of the Parent Center as they serve 75 youth each year MOTION: Tussing moved and Campbell seconded to amend UNL Coopera- tive Extension to read 4H Board and to have a separate vote for the Child Advocacy Center. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. MOTION: Tussing moved and Campbell seconded approval of the Child Advocacy Center. On call Hudkins, Svoboda, Tussing and Campbell voted aye. Steinman abstained. Motion carried. Y. A contract between the Lancaster County Engineer and Nebraska Sealing, to provide roadway crack sealing from February 24, 1997 through April 25, 1997, in the amount of $10,300, on the following roads: On South 84th Street from Pioneers Boulevard south 2.3 miles to Highway 2 On Saltillo Road from Highway 77 east 4.3 miles to South 70th Street On South 68th Street from Roca Road south 6.0 miles to Princeton Rd MOTION: Hudkins moved and Svoboda seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. Z. An interlocal agreement between the City of Lincoln and Lancaster County for housing and transport of inmates at the Lancaster County Corrections Department in the amount of $30,000 commencing on July 1, 1997. MOTION: Tussing moved and Campbell seconded approval. Michael Thurber, Director of Corrections, and Terry Wagner, County Sheriff, appeared and indicated that the agreement has been on hold for two years and they were glad to finally get the interlocal agreement approved. AA. A community-based vocational training site agreement between Lancaster County School District 001 and Lancaster County (Cooperating Business) to conduct community-based training programs for its students between January 22 and May 30, 1997. MOTION: Campbell moved and Svoboda seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. BB. A dental services agreement between Lancaster County Corrections Department and Clocktower Dental, Claire M. Haag, D.D.S., for dental services on individuals incarcerated in the jail facilities, from February 25, 1997 through February 25, 1999. MOTION: Campbell moved and Tussing seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. 6) CONSENT ITEMS: These are items of business before the Lancaster County Board of Commissioners which have been previously supplied to each Commissioner in writing, which are relatively routine and which are expected to be adopted without dissent. Any individual items may be removed for special discussion and consideration by a Commissioner or by any member of the public without prior notice. Unless there is an exception, these items will be approved as one with a single vote of the Board of Commissioners. These items are consideration of: A. Monthly reports for January, 1997 for the following: Lincoln City Libraries Lancaster County Register of Deeds B. Setting of a public hearing for Tuesday, March 11, 1997 at 1:30 p.m. in the County Commissioners Hearing Room, First Floor, County-City Building, regarding an application for a Class E (Beer Off Sale Only) and a Class M (Bottle Club) liquor license for Todd Hoyer dba/The Kramer Bar (formerly known as the J & C Country Bar & Grill) located in Kramer, Lancaster County, NE. C. Setting of a public hearing for Tuesday, March 18, 1997 at 1:30 p.m. in the County Commissioners Hearing Room, First Floor, County-City Building regarding: 1. Change of Zone No. 170, from AG Agricultural to AGR Agricultural Residential, requested by Lawrence Conway, on property generally located approximately 1/4 mile west of U.S. Highway No. 77, on the north side of Panama Road. 2. Change of Zone No. 169, from "I" Industrial and "R" Residential to "B" Business, requested by Todd Wicken, on property generally located at the northeast corner of Highway 77 (South 12th) and Broad Street in Princeton. 3. Change of Zone No. 165, from AG Agricultural to AGR Agricultural Residential, requested by Harry Muhlbach, on property generally located west of North 56th (Hwy 77) between Mill Road and Raymond Road. 4. Change of Zone No. 147, from AG Agricultural to AGR Agricultural Residential, requested by Peter W. Katt on behalf of Steve Champoux, on property generally located at the northwest corner of 134th & "A" Streets. D. Setting of a public hearing for Tuesday, March 25, 1997 at 1:30 p.m. in the County Commissioners Hearing Room, First Floor, County-City Building regarding: 1. County Special Permit No. 140, Osage Acres Community Unit Plan, requested by Design Associates for Stewart Farms, LTD., consisting of 9 single family lots and 2 outlots, on property generally located at the southwest corner of South 148th & Martell Road. 2. County Special Permit No. 144, Deerview Estates Community Unit Plan, requested by Mike Poe, consisting of 8 single family lots and 1 outlot, on property generally located at the southeast corner of South 134th & Martell Road. 3. County Preliminary Plat No. 96008, Osage Acres, requested by Design Associates for Stewart Farms, LTD., consisting of 9 single family lots and 2 outlots, on property generally located at the southwest corner of South 148th & Martell Road. 4. County Preliminary Plat No. 96018, Deerview Estates, requested by Mike Poe, consisting of 8 single family lots and 1 outlot, on property generally located at the southeast corner of South 134th & Martell Road. E. An agreement between the Lancaster County Election Commissioner and Gateway Mall to do voter registration at Gateway Mall before the city election on April 15 and April 22, 1997 from 11:30 a.m. to 1:30 p.m. F. Contracts between the Lancaster County Engineering Department and the following: Landowner Location Amount Elinor J. and William On Holdrege Street Land Donation Malone near 162nd Street John L. McGill On No. 141st Street $10.00 Voldemar and Anna R. On Yankee Hill Road $28.75 Pool near So. 70th Street Lincoln Electric System On W. Pleasant Hill Replacement Road, SW 12th to SW Easement 33rd MOTION: Tussing moved and Campbell seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 7) ANNOUNCEMENTS: A. A public hearing will be held on Tuesday, March 4, 1997 at 1:30 p.m. in the Commissioners Hearing Room, First Floor, County-City Building, for a manager application for Henry D. Sader II, in connection with a liquor license for the Lincoln Izaak Walton League in Bennet, Lancaster County, Nebraska. B. A public hearing will be held on Tuesday, March 11, 1997 at 1:30 p.m. in the Commissioners Hearing Room, First Floor, County-City Building, for changes to the Lincoln/Lancaster County Air Pollution Control Program Regulations and Standards and to adopt recent federal standards, to correct errors and provide clarifying language. C. The Lancaster County Board of Commissioners will hold a meeting on Thursday, February 27, 1997 at 8:30 a.m. in the Fourth Floor Conference Room, County-City Building. D. The Lancaster County Board of Commissioners meeting which is broadcast live at 1:30 p.m. on Tuesday will be re-broadcast at 6:30 p.m. on Cablevision Channel 5. 8) EMERGENCY ITEMS AND OTHER BUSINESS: 9) ADJOURNMENT: MOTION: Campbell moved and Tussing seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.