Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
1) MINUTES: Approval of the minutes of the Board of
Commissioners meeting held on Tuesday,
February 4, 1997. (A copy of these
minutes is on file in the Office of the
Lancaster County Clerk.)
2) CLAIMS: Approval of all claims processed through
Tuesday, February 11, 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.
3) ITEMS OF PUBLIC PARTICIPATION:
It is the policy of the Lancaster County Board of
Commissioners to accommodate the public to the greatest
extent possible. Therefore, this agenda has been prepared
with items of greatest public interest at the beginning with
more routine items toward the end as a courtesy to those who
wish to speak with the County Board at this meeting. If you
are here to participate on an item and need special
consideration because of schedule conflict or some other
problem, would you please let us know now so we can try to
meet your needs.
4) PUBLIC HEARINGS:
A. County Board of Zoning Appeals No. 103, requested by
William Blake on behalf of John Divine, for a variance
of lot area from 20 acres to 3.74 acres and a variance
of frontage and minimum lot width from 550 ft. to 300
ft., on property located east of NW 84th Street and
West Branched Oak Road, Lancaster County.
5) NEW BUSINESS:
A. Request for refund on real estate taxes from Roland
Meyer in the amount of $37.77, because the 1996
valuation did not reflect a portion of the property
that was purchased by the State of Nebraska for a road.
B. A letter of agreement between the Lancaster County
Treasurer's Office and Jeanie's Delivery for one daily
delivery of inter- office communication and supplies
between the County Treasurer's Office and the Motor
Vehicle Facility located at 625 North 46th Street, in
the amount of $80 per month.
C. Authorization of the County Board Chair to sign a
Certificate of Completion for the Lancaster County
Motor Vehicle Licensing Facility.
D. Adoption of a resolution condemning racism in Lancaster
County, Nebraska (Resolution No. 5437).
E. Recommendation from the Lancaster County Engineer and
the Purchasing Agent to award a bid to Nebraska
Sealing, to provide roadway crack sealing, 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 86th Street from Roca Road south 6 miles to
Princeton Road
F. Recommendation from the Lancaster Manor and the
Purchasing Agent to award a bid to Liberty
Construction, Inc., to provide and install wallcovering
at Lancaster Manor, in the amount of $15,709.42.
G. A contract between Lancaster County Engineer and Don
McKinney, Inc. for the furnishing of all labor and
materials for the Waverly Station Remodel, Project #97-11,
in the amount of $27,895.
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 item 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 the following:
Agency
District Court for December, 1996
Lancaster County Clerk for January, 1997
Lancaster County Records & Information Management for
January, 1997
Noxious Weed Control Authority for January, 1997
Lancaster County Sheriff for December, 1996
B. Setting of a public hearing for Tuesday, February 25,
1997 at 1:30 p.m. in the County Commissioners Hearing
Room, First Floor, County-City Building, regarding the
1997 Comprehensive Plan Annual Review, and the 22
separate Comprehensive Plan Amendments.
C. User's agreements between Lancaster County and the
following for remote access to Lancaster County records
at a rate of $.013 per transaction:
User
First Lincoln Equities, Inc.
Ron Earnest
D. A renewal of a maintenance agreement between Lancaster
County Cooperative Extension Office and General Binding
Corporation for maintenance on a laminator for the
period February 21, 1997 through February 21, 1998, in
the amount of $300.
E. A service agreement between the Lancaster County
Assessor and Standard Register for service on an
electric signer for the period January 1, 1997 through
December 31, 1997, in the amount of $126.96.
F. A surveying agreement between the Lancaster County
Engineer and K & M Land Surveying, Inc. to provide
preliminary survey data for a portion of South 68th
Street, in the amount of $7,900.
G. An agreement between Lancaster County and Steve Allen
for appraisal services for the acquisition of right-of-way
for the South 84th Street and Highway #2
Intersection road improvement project, in the amount of
$800.
H. A contract between the Lancaster County Engineering
Department and Jon C. and Kathleen A. Morris for
property located on West Rock Creek Road near NW 84th
Street. This is a land donation.
7) ANNOUNCEMENTS:
A. A public hearing will be held on Tuesday, February 18,
1997, at 1:30 p.m. in the Commissioners Hearing Room,
First Floor, County-City Building for a text amendment
to the County Zoning Resolution, requested by Timothy
Moore for James Arthur Vineyards, to define and
conditionally permit "farm wineries" as a conditional
use in the Ag Agricultural District (County Change of
Zone Number 168).
B. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, February 13, 1997 at 8:30 a.m. in
the Fourth Floor Conference Room, County-City Building.
C. 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:
This agenda, which is kept continually current, is available
for inspection in the Office of the County Clerk in
Lancaster County, Nebraska.
NOTE: An interpreter for the hearing impaired will
be available at the meeting upon request.
Please contact the County Clerk's Office at
441-6336 and ask for Susan Starcher or Kandra
Hahn at least 48 hours prior to the meeting
if this accommodation is required.
Agenda for a Meeting of the Lancaster County Board of
Equalization to Be Held Tuesday, February 11, 1997 at 1:30 p.m.
in the County Commissioners Hearing Room, First Floor,
County-City Building.
1) MINUTES: Approval of the minutes of the Board of
Equalization held on Tuesday, February
4, 1997. (A copy of these minutes is on
file in the Office of the Lancaster
County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 97 additions and deductions to the tax
assessment rolls as per Exhibit "A".
3) MOTOR VEHICLE TAX EXEMPTIONS:
Approval of the following motor vehicle tax exemptions:
Blessed Sacrament Parish (2)
St. Patrick's Church of Havelock
St. Paul United Methodist Church
4) APPRAISAL MAINTENANCE AND UPDATING REPORT:
Approval of appraisal maintenance and updating report from
the Lancaster County Assessor as requested by the Nebraska
Department of Revenue.
5) REMOVAL OF A TAX EXEMPTION:
A public hearing for the removal of a tax exemption for
Young Men's Christian Association of Lincoln, Nebraska.
Commissioners Present: Linda Steinman, Chair
Larry Hudkins
Steve Svoboda
Darlene Tussing
Commissioners Absent: Kathy Campbell
Others Present: Kerry Eagan, Chief Administrative Officer
Diane Staab, Deputy County Attorney
1.) MINUTES:
Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, February 4, 1997. (A copy of these
minutes is on file in the Office of the Lancaster County
Clerk.)
MOTION: Tussing moved and Svoboda seconded approval. On
call Hudkins, Steinman, Svoboda and Tussing voted
aye. Motion carried.
2.) CLAIMS:
Approval of all claims processed through Tuesday, February
11, 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: Hudkins moved and Tussing seconded approval. On
call Hudkins, Steinman, Svoboda and Tussing voted
aye. Motion carried.
3.) ITEMS OF PUBLIC PARTICIPATION:
* Daryl Wusk, Child Support Enforcement Administrator for
the Nebraska Department of Social Services, appeared to
offer his thanks for the County Board's assistance with
the child support enforcement information kiosk.
4.)PUBLIC HEARINGS:
A. County Board of Zoning Appeals No. 103, requested by
William Blake on behalf of John Divine, for a variance
of lot area from 20 acres to 3.74 acres and a variance
of frontage and minimum lot width from 550 ft. to 300
ft., on property located east of NW 84th Street and
West Branched Oak Road, Lancaster County.
Steinman opened the public hearing.
William Blake, attorney representing John Divine,
appeared and distributed a map of the area (Exhibit A).
He reported that the map was color coded to reflect the
area of application (Blue), a neighbor who had offered
to purchase the property (Yellow) and neighbors in
support of the application (Green). Blake stated that
the applicant's intent was to build a home on the
property, and that no other reuse of the property
existed.
Blake provided a history of the circumstances leading
to the property's division. He also summarized the
changes that occurred to Agricultural Zone lot size
requirements in 1979 and reported that the Board of
Zoning Appeals had recommended approval of the
variances.
Tom Fitchett, attorney, summarized the probate
proceedings for the estate of John Divine's father
(Exhibit B) that left a 1/30 undivided interest in the
property to John Divine and the subsequent family
settlement agreement (Exhibit C) which further defined
the area. He stated that property deed was
transferred, in accordance with the Nebraska Probate
Statutes, prior to 1979, although the filing did not
occur at that time.
Tussing inquired whether a community unit plan or a
farmstead split-off could be utilized to avoid the
creation of a variance.
Mike DeKalb, Planning Department, appeared and stated
that while a farmstead split-off would not be
applicable in these circumstances, additional options
were available if the other parties involved in the
ownership of the original parcel were willing to
participate.
Blake stated that obtaining the assistance of those
family members was not an option.
Hudkins inquired about the lot size of a neighboring
acreages.
Blake stated that he understood both of the neighboring
acreages to be three acre lots.
In response to a question from Hudkins, Larry Worrell,
County Surveyor, stated that the County Engineering
Department did not oppose the application.
Steinman inquired whether anyone wished to oppose the
application.
No one appeared.
Steinman inquired whether anyone wished to appear in a
neutral position to the application.
No one appeared.
Steinman closed the public hearing.
MOTION: Hudkins moved and Tussing seconded approval.
On call Steinman, Svoboda, Tussing and
Hudkins voted aye. Motion carried.
5.)NEW BUSINESS:
Hahn reported that Item D. would be moved forward, at the
request of the Chair.
D. Adoption of a resolution condemning racism in Lancaster
County, Nebraska (Resolution No. 5437).
Steinman read the Resolution aloud and entered letters
into the record that were received from Community
Peacemakers and Shela Shanks-Richards regarding the
issue (Exhibits D & E) and a letter from the Lincoln-Lancaster
Women's Commission concerning a Black History
Month Celebration (Exhibit F).
MOTION: Tussing moved and Svoboda seconded adoption
of the Resolution.
Tim Shaw, Community Peacemakers, appeared in support of
the Resolution and read a statement condemning racism
(Exhibit G).
Steve Mann appeared in support of the Resolution.
Leola Bullock, Lincoln Branch of the National
Association for the Advancement of Colored People
(NAACP), appeared in support of the Resolution and to
denounce the recent incident of a cross burning by the
Sigma Chi fraternity in Lancaster County. Bullock
distributed a history of the NAACP (Exhibit H) and
presented photographs of cross burnings as shown in two
books , WEB Du Bois and Racial Relations and
Volume No. 11 of the World Book Encyclopedia.
ON CALL: Svoboda, Tussing, Hudkins and Steinman voted
aye. Motion carried.
A. Request for refund on real estate taxes from Roland
Meyer in the amount of $37.77, because the 1996
valuation did not reflect a portion of the property
that was purchased by the State of Nebraska for a road.
MOTION: Tussing moved and Hudkins seconded approval.
On call Tussing, Hudkins, Steinman and
Svoboda voted aye. Motion carried.
B. A letter of agreement between the Lancaster County
Motor Vehicle Department and Jeanie's Delivery for one
daily delivery of inter-office communication and
supplies, between the County Treasurer's Office and the
Motor Vehicle Facility located at 625 North 46th
Street, in the amount of $80 per month.
MOTION: Tussing moved and Svoboda seconded approval.
On call Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
C. Authorization of the County Board Chair to sign a
Certificate of Completion for the Lancaster County
Motor Vehicle Licensing Facility.
MOTION: Tussing moved and Svoboda seconded approval.
On call Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
D. Adoption of a resolution condemning racism in Lancaster
County, Nebraska (Resolution No. 5437).
Item moved forward, at the request of the Chair, and
adopted.
E. Recommendation from the Lancaster County Engineer and
the Purchasing Agent to award a bid to Nebraska
Sealing, to provide roadway crack sealing, 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 86th Street from Roca Road south 6 mile to
Princeton Road
MOTION: Hudkins moved and Tussing seconded approval.
Hudkins observed that this is a part of the cost of
maintenance of blacktop and the efficiency of the
bidding process.
ON CALL: Steinman, Svoboda, Tussing and Hudkins voted
aye. Motion carried.
F. Recommendation from the Lancaster Manor and the
Purchasing Agent to award a bid to Liberty
Construction, Inc., to provide and install wallcovering
at Lancaster Manor, in the amount of $15,709.42.
MOTION: Hudkins moved and Tussing seconded approval.
On call Svoboda, Tussing, Hudkins and
Steinman voted aye. Motion carried.
G. A contract between Lancaster County Engineer and Don
McKinney, Inc. for the furnishing of all labor and
materials for the Waverly Station Remodel, Project #97-11, in
the amount of $27,895.
MOTION: Svoboda moved and Tussing seconded approval.
On call Tussing, 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 item 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 the following:
Agency
District Court for December, 1996
Lancaster County Clerk for January, 1997
Lancaster County Records & Information Management for
January, 1997
Noxious Weed Control Authority for January, 1997
Lancaster County Sheriff for December, 1996
B. Setting of a public hearing for Tuesday, February 25,
1997 at 1:30 p.m. in the County Commissioners Hearing
Room, First Floor, County-City Building, regarding the
1997 Comprehensive Plan Annual Review, and the 22
separate Comprehensive Plan Amendments.
C. User's agreements between Lancaster County and the
following for remote access to Lancaster County records
at a rate of $.013 per transaction:
User
First Lincoln Equities, Inc.
Ron Earnest
D. A renewal of a maintenance agreement between Lancaster
County Cooperative Extension Office and General Binding
Corporation for maintenance on a laminator for the
period February 21, 1997 through February 21, 1998, in
the amount of $300.
E. A service agreement between the Lancaster County
Assessor and Standard Register for service on an
electric signer for the period January 1, 1997 through
December 31, 1997, in the amount of $126.96.
F. A surveying agreement between the Lancaster County
Engineer and K & M Land Surveying, Inc. to provide
preliminary survey data for a portion of South 68th
Street, in the amount of $7,900.
G. An agreement between Lancaster County and Steve Allen
for appraisal services for the acquisition of right-of-way
for the South 84th Street and Highway #2 Intersection road
improvement project, in the amount of $800.
H. A contract between the Lancaster County Engineering
Department and Jon C. and Kathleen A. Morris for
property located on West Rock Creek Road near NW 84th
Street. This is a land donation.
MOTION: Tussing moved and Hudkins seconded approval.
On call Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
7.)ANNOUNCEMENTS:
A. A public hearing will be held on Tuesday, February 18,
1997, at 1:30 p.m. in the Commissioners Hearing Room,
First Floor, County-City Building, for a text amendment
to the County Zoning Resolution, requested by Timothy
Moore for James Arthur Vineyards, to define and
conditionally permit "farm wineries" as a conditional
use in the Ag Agricultural District (County Change of
Zone Number 168).
B. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, February 13, 1997 at 8:30 a.m. in
the Fourth Floor Conference Room, County-City Building.
C. 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: Tussing moved and Hudkins seconded approval. On
call Hudkins, Steinman, Svoboda and Tussing voted
aye. Motion carried.
Kandra Hahn
Lancaster County Clerk
Minutes
Lancaster County Board of Equalization
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, February 11, 1997
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Larry Hudkins
Steve Svoboda
Darlene Tussing
Commissioners Absent: Kathy Campbell
Others Present: Kerry Eagan, Chief Administrative Officer
Diane Staab, Deputy County Attorney
1.) MINUTES:
Approval of the minutes of the Board of Equalization held on
Tuesday, February 4, 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. Motion carried.
2.) ADDITIONS AND DEDUCTIONS:
Approval of 97 additions and deductions to the tax
assessment rolls as per Exhibit "A".
MOTION: Tussing moved and Svoboda seconded approval. On
call Hudkins, Steinman, Svoboda and Tussing voted
aye. Motion carried.
3.) MOTOR VEHICLE TAX EXEMPTIONS:
Approval of the following motor vehicle tax exemptions:
Blessed Sacrament Parish (2 Exemptions)
St. Patrick's Church of Havelock
St. Paul United Methodist Church
MOTION: Tussing moved and Hudkins seconded approval of the
exemptions for Blessed Sacrament Parish (2
Exemptions) and St. Paul United Methodist Church
and for St. Patrick's Church of Havelock subject
to the vehicle being registered and title to the
applicant. On call Steinman, Svoboda, Tussing and
Hudkins voted aye. Motion carried.
4.) APPRAISAL MAINTENANCE AND UPDATING REPORT:
Approval of appraisal maintenance and updating report from
the Lancaster County Assessor as requested by the Nebraska
Department of Revenue.
MOTION: Tussing moved and Hudkins seconded approval. On
call Svoboda, Tussing, Hudkins and Steinman voted
aye. Motion carried.
5.) REMOVAL OF A TAX EXEMPTION:
A public hearing for the removal of a tax exemption for the
Young Men's Christian Association of Lincoln, Nebraska.
Norm Agena, Lancaster County Assessor, stated this was
consideration of the removal of tax exemption for the years
1994, 1995 and 1996 on Parcel #17-16-245-022-000 only, due
to sale.
MOTION: Hudkins moved and Svoboda seconded approval based
on the County Assessor's recommendation. On call
Tussing, Hudkins, Steinman and Svoboda voted aye.
Motion carried.
At the direction of the Chair, the meeting was adjourned.
Kandra Hahn
Lancaster County Clerk