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 11, 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
18, 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 a schedule conflict or some
other problem, would you please let us know now so we can
try to meet your needs.
* Exceptional Circumstance Award to Kelly Greene, Lancaster
Manor
* Presentation of the Groundwater Guardian Award to
Lancaster County by the Groundwater Foundation
4.) PUBLIC HEARING:
A. County Change of Zone No. 168, text amendment to
Article 2 and Article 4 of 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
Zoning District.
5.) NEW BUSINESS:
A. Appointment of Lynette Nelson to the Lincoln-Lancaster
County Ecological Advisory Committee.
B. Renewal of an amusement license for the Nebraska State
Board of Agriculture to operate the Nebraska State
Fair, Horse-Car-Motorcycle Racing, Simulcasting, Ice
Skating and other sports and entertainment events at
the State Fair Park in Lancaster County, Nebraska.
C. An addendum to an agreement between Lancaster County
and Lincoln General Hospital to provide twenty hours of
nursing services per week at the Lancaster County
Community Mental Health Center's outpatient clinic at
the rate of $25 per hour beginning February 3, 1997.
D. A rental agreement between Lancaster County and Diana
Owens, Owens Educational Services, for Room 401,
located in Trabert Hall, 2202 South 11th Street, at the
rate of $394 per month beginning February 1, 1997.
E. A recommendation from the Purchasing Agent and the
Superintendent of Noxious Weed Control Authority to
award a bid to provide weed control services for the
Noxious Weed Control Authority to the following at
rates specified in the bids:
A.A. Peterson Co. (Davey, NE)
"All Care" Grounds Management (Lincoln, NE)
B & B Mowing & Spraying (Lincoln, NE)
B & H Grading (Waverly, NE)
Eden Lawn Care & Tree Service (Lincoln, NE)
Permanex, Inc. (Omaha, NE)
S-S Seeding (Gretna, NE)
F. Resolution No. 5438, ratifying previous action taken by
the County Board on February 11, 1997, regarding County
Board of Zoning Appeal No. 103, approving a variance of
lot area from 20 acres to 3.74 acres and a variance of
frontage and minimum lot width from 550 feet to 300
feet on property located east of N.W. 84th Street and
West Branched Oak Road, Lancaster County, Nebraska.
G. Approval to file a motion related to Weaver's Potato
Chip Company, Inc. bankruptcy.
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 the month of January, 1997 for
the following:
AGENCY
Clerk of the District Court
Attention Center for Youth
B. A service agreement between the Lancaster County
District Court and Professional Office Systems,
Inc. of Omaha for two electrivers in the amount of
$1,000 for the period of December 1, 1996 to
December 1, 1997.
C. Renewal of a maintenance between the Lancaster
County Corrections Department and Simplex in the
amount of $5,914 for a fire alarm system at the
location of 605 South 10th Street.
D. Renewal of six service agreements between the
Lancaster County Records and Information
Department and Microfilm Imaging Systems of Omaha
for microfilm cameras and a roll film duplicator
for a total amount of $4,370.
E. Contracts between the Lancaster County Engineering
Department and the following:
Landowner Location Amount
David and Mary Jo On Yankee Hill Road $10,344
Livingston South 56th to South
84th Streets
James B. and On S.W. 29th Street Land
Alice Ann Knisely Near W. Martell Donation
Road
Alyce J. Lee On S.W. 98th Street Land
Near W. Van Dorn Donation
Street
Clifford H. On N. 141st Street $553.50
Jorgensen Over Salt Creek
Steve L. and On N. 141st Street $122.50
Linda K.Blake Over Salt Creek
F. Setting a public hearing for 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 League in Bennet, Lancaster County,
Nebraska.
G. Setting a public hearing for 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 to adopt recent federal standards, to
correct errors and to provide clarifying language.
7.)ANNOUNCEMENTS:
A. A public hearing will be held on 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.
B. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, February 20, 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 18, 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
meeting held on Tuesday, February 11, 997. (A copy of
these minutes is on file in the Office of the Lancaster
County Clerk).
2.) ADDITIONS AND DEDUCTIONS:
Approval of 19 additions and deductions to the tax
assessment rolls as per Exhibit "A".
3.)MOTOR VEHICLE TAX EXEMPTIONS:
Approval of motor vehicle tax exemptions for the
following:
Villa Marie School
First Lutheran Church
Martin Luther Homes of Nebraska, Inc.
The Good News Broadcasting Association, Inc.
Seventh-Day Adventist Schools of Lincoln
Nebraska Wesleyan University
Denial of a motor vehicle tax exemption for the
following:
First Evangelical Covenant Church
4.)APPEAL OF PENALTY ON PERSONAL PROPERTY
Designers' Ink
5.)APPEAL OF TAX EXEMPTIONS:
Approval of 1997 tax exemptions for real estate and
personal property as per Exhibit "B".
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 11, 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.) CLAIMS:
Approval of all claims processed through Tuesday,
February 18, 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: Tussing moved and Svoboda seconded approval. On
call Hudkins, Steinman, Svoboda and Tussing voted
aye. Motion carried.
3.)ITEMS OF PUBLIC PARTICIPATION:
* Exceptional Circumstance Award to Kelly Greene,
Lancaster Manor
* Presentation of the Groundwater Guardian Award to
Lancaster County by the Groundwater Foundation
4.) PUBLIC HEARING:
A. County Change of Zone No. 168, text amendment to
Article 2 and Article 4 of 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
Zoning District.
Steinman opened the public hearing.
Timothy Moore, James Arthur Vineyards, provided a brief
summary of the applicant's plans for the winery.
Steve Mann appeared to support the application.
Steinman asked if anyone wished to appear in opposition
to the change of zone request.
No one appeared.
Steinman asked if anyone wished to appear in a neutral
position.
No one appeared.
Steinman closed the public hearing.
MOTION: Svoboda moved and Tussing seconded approval
of County Change of Zone No. 168. On call
Svoboda, Tussing, Hudkins and Steinman voted
aye. Motion carried.
5.) NEW BUSINESS:
A. Appointment of Lynette Nelson to the Lincoln-Lancaster
County Ecological Advisory Committee.
MOTION: Hudkins moved and Tussing seconded approval.
On call Tussing, Hudkins, Steinman and
Svoboda voted aye. Motion carried.
B. Renewal of an amusement license for the Nebraska State
Board of Agriculture to operate the Nebraska State
Fair, Horse-Car-Motorcycle Racing, Simulcasting, Ice
Skating and other sports and entertainment events at
the State Fair Park in Lancaster County, Nebraska.
MOTION: Tussing moved and Hudkins seconded approval.
On call Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
C. An addendum to an agreement between Lancaster County
and Lincoln General Hospital to provide twenty hours of
nursing services per week at the Lancaster County
Community Mental Health Center's outpatient clinic at
the rate of $25 per hour beginning February 3, 1997.
MOTION: Hudkins moved and Tussing seconded approval.
On call Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
D. A rental agreement between Lancaster County and Diana
Owens, Owens Educational Services, for Room 401,
located in Trabert Hall, 2202 South 11th Street, at the
rate of $394 per month beginning February 1, 1997.
MOTION: Tussing moved and Svoboda seconded approval.
In response to a question from Hudkins, Kerry Eagan,
Chief Administrative Officer, appeared to confirm that
Owens Educational Services is a non-profit
organization.
ON CALL: Steinman, Svoboda, Tussing and Hudkins voted
aye. Motion carried.
E. A recommendation from the Purchasing Agent and the
Superintendent of Noxious Weed Control Authority to
award a bid to provide weed control services for the
Noxious Weed Control Authority to the following at
rates specified in the bids:
A.A. Peterson Co. (Davey, NE)
"All Care" Grounds Management (Lincoln, NE)
B & B Mowing & Spraying (Lincoln, NE)
B & H Grading (Waverly, NE)
Eden Lawn Care & Tree Service (Lincoln, NE)
Permanex, Inc. (Omaha, NE)
S-S Seeding (Gretna, NE)
MOTION: Hudkins moved and Tussing seconded approval.
On call Svoboda, Tussing, Hudkins and
Steinman voted aye. Motion carried.
F. Resolution No. 5438, ratifying previous action taken by
the County Board on February 11, 1997, regarding County
Board of Zoning Appeal No. 103, approving a variance of
lot area from 20 acres to 3.74 acres and a variance of
frontage and minimum lot width from 550 feet to 300
feet on property located east of N.W. 84th Street and
West Branched Oak Road, Lancaster County, Nebraska.
MOTION: Hudkins moved and Tussing seconded approval.
Svoboda inquired why ratification was required.
Eagan reported that the resolution was not drafted at
the time that the Board took action on the matter.
ON CALL: Tussing, Hudkins, Steinman and Svoboda voted
aye. Motion carried.
G. Approval to file a motion related to Weaver's Potato
Chip Company, Inc. bankruptcy.
Eagan stated that Board discussion would take place in
Executive Session following other items of business.
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 the month of January, 1997 for the
following:
AGENCY
Clerk of the District Court
Attention Center for Youth
B. A service agreement between the Lancaster County
District Court and Professional Office Systems, Inc. of
Omaha for two electrivers in the amount of $1,000 for
the period of December 1, 1996 to December 1, 1997.
C. Renewal of a maintenance between the Lancaster County
Corrections Department and Simplex in the amount of
$5,914 for a fire alarm system at the location of 605
South 10th Street.
D. Renewal of six service agreements between the Lancaster
County Records and Information Department and Microfilm
Imaging Systems of Omaha for microfilm cameras and a
roll film duplicator for a total amount of $4,370.
E. Contracts between the Lancaster County Engineering
Department and the following:
Landowner Location Amount
David and Mary Jo On Yankee Hill Road $10,344
Livingston South 56th to South
84th Streets
James B. and On S.W. 29th Street Land
Alice Ann Knisely Near W. Martell Road Donation
Alyce J. LeeOn S.W. 98th Street Land
Near W. Van Dorn Donation
Street
Clifford H. On N. 141st Street $553.50
Jorgensen Over Salt Creek
Steve L. and On N. 141st Street $122.50
Linda K. Blake Over Salt Creek
F. Setting a public hearing for 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 League in Bennet,
Lancaster County, Nebraska.
G. Setting a public hearing for 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 to adopt recent federal
standards, to correct errors and to provide clarifying
language.
MOTION: Tussing moved and Svoboda 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 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.
B. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, February 20, 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:
Wayne Gi ebelhaus, 4000 S. Folsom, appeared regarding the
proposed site plan for the Optimist Youth Sports Complex
located at Folsom and W. Pioneers Boulevard. He reported
that residents had appealed the special permit and that
voting on the issue is scheduled for March 3rd before the
Lincoln City Council.
Lareta Harms, 4501 S. Folsom, appeared and displayed a map
of the proposed site and the surrounding area.
Giebelhaus reported that residents had the following
concerns regarding the proposed complex:
1. Late Hours of Operation and Daily Use of the Complex
2. Lighting and Noise Conditions
3. Water Service and Quality
4. Sewage System
5. Traffic Conditions and Safety
6. Lack of Traffic Outlets
7. Need for Speed Reduction on Folsom Street
Giebelhaus distributed copies of a letter to Rich Wright,
Young Men's Christian Association (YMCA), from the Building
and Safety Department regarding noncompliance with the
special permit conditions at Wright Field, W. Pioneer
Boulevard and S. Folsom Streets (Exhibit A) and copies of a
memo from Public Works and Utilities to the Planning
Department noting drainage, sewer and water service and
traffic concerns with regards to the Optimist Youth Sports
Complex (Exhibit B).
Giebelhaus also read excerpts of a letter he had received
from Governor Nelson regarding the issue.
Steinman suggested scheduling further discussion of the
matter with the County Engineer at a Thursday County Board
meeting.
Giebelhaus also expressed concern regarding the lack of a
"junked car" ordinance within the three mile limit.
Diane Staab, Deputy County Attorney, stated that the Board
had discussed attaching a "junked car" ordinance to a zoning
ordinance, but noted that the County does not have zoning
jurisdiction within the three mile limit.
Doris Sidell, 5201 S. Folsom, appeared to state concern
regarding the effect the increased traffic would have on
property valuations.
MOTION: Tussing moved and Svoboda seconded to enter
Executive Session at 3:05 p.m. to discuss pending
litigation. On call Svoboda, Tussing, Hudkins and
Steinman voted aye. Motion carried.
MOTION: Tussing moved and Hudkins seconded to exit
Executive Session at 3:17 p.m. On call Tussing,
Hudkins, Steinman and Svoboda voted aye. Motion
carried.
Hudkins inquired about the status of other community
development loans.
9.) ADJOURNMENT:
MOTION: Tussing moved and Hudkins seconded to adjourn the
Board of Commissioners meeting. 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 18, 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 meeting
held on Tuesday, February 11, 997. (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 19 additions and deductions to the tax
assessment rolls as per Exhibit "A".
MOTION: Tussing moved and Hudkins seconded approval. On
call Hudkins, Steinman, Svoboda and Tussing voted
aye. Motion carried.
3.) MOTOR VEHICLE TAX EXEMPTIONS:
Approval of motor vehicle tax exemptions for the following:
Villa Marie School
First Lutheran Church
Martin Luther Homes of Nebraska, Inc.
The Good News Broadcasting Association, Inc.
Seventh-Day Adventist Schools of Lincoln
Nebraska Wesleyan University
MOTION: Tussing moved and Svoboda seconded approval of the
exemptions for the Villa Marie School, The Good
News Broadcasting Association, Inc. Seventh-Day
Adventist Schools of Lincoln and Nebraska Wesleyan
University and for First Lutheran Church and Martin
Luther Homes of Nebraska, Inc. subject to the
vehicles being registered and titled to the
applicants. On call Steinman, Svoboda, Tussing and
Hudkins voted aye. Motion carried.
Denial of a motor vehicle tax exemption for the following:
First Evangelical Covenant Church
MOTION: Hudkins moved and Tussing seconded denial based on
the Assessor's recommendation. On call Svoboda,
Tussing, Hudkins and Steinman voted aye. Motion
carried.
The Chair recessed the Board of Equalization meeting to be
reconvened at 2:30 p.m.
The Board of Equalization was reconvened at 2:30 p.m. by the
Chair.
4.) APPEAL OF PENALTY ON PERSONAL PROPERTY:
Designers' Ink
MOTION: Hudkins moved and Tussing seconded denial based on
the Assessor's recommendation. On call Tussing,
Hudkins, Steinman and Svoboda voted aye. Motion
carried.
5.) APPROVAL OF TAX EXEMPTIONS:
Approval of 1997 tax exemptions for real estate and personal
property as per Exhibit "B".
MOTION: Tussing moved and Hudkins seconded approval.
Steinman indicated a conflict of interest in voting on the
exemptions for the Congregation B/Nai Jeshurum, Lincoln
Lancaster Mediation Center and Lincoln Woman's Club.
Tussing indicated a conflict of interest in voting on the
exemption for Calvery Evangelical Lutheran Church.
Hudkins indicated a conflict of interest in voting on the
exemption for Malcolm Methodist Church.
Svoboda indicated a conflict of interest in voting on the
exemption for Eastridge Presbyterian Church.
ON CALL: Hudkins, Steinman, Svoboda and Tussing voted aye.
Motion carried.
Kandra Hahn
Lancaster County Clerk