Lancaster County
Board of Commissioners
Board of Commissioners
1) MINUTES: Approval of the minutes of the Board of Commissioners meeting held on Tuesday, March 04, 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, March 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 a 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. Application for a Class E (Beer Off Sale Only) and a Class M (Bottle Club) liquor license for Todd Hoyer and Cindy Wohl dba/The Kramer Bar (formerly known as the J & C Country Bar and Grill) located in Kramer, Lancaster County, Nebraska. B. Proposed changes to the Lincoln-Lancaster County Air Pollution Control Program Regulations and Standards and adoption of recent federal standards to correct errors and to provide clarifying language. C. Request from Todd Lewis to validate five warranty deeds (Instrument Numbers 95-10975, 95-12179, 95-10976, 95-10977 and 95-12180). 5) OLD BUSINESS: Request from Bret and Kim Davis and Dave and Sharon Friedeman for a resolution in support of relaxation of road-building standards of the State Board of Public Roads Classification and Standards for the purpose of graveling West Davey Road between Northwest 27th and Northwest 40th Streets at the requesters' expense. 6) NEW BUSINESS: A. Manager application for Henry D. Sader III in connection with a liquor license for the Lincoln Izaak Walton League in Bennet, Lancaster County, Nebraska. B. A release from Lancaster County to State Farm Insurance Companies in consideration for $2,494.59 to release Lancaster County's subrogation claim relating to a work related injury of Melissa Koci. C. Establishment of an open meetings policy for the Lancaster County Board of Commissioners (Resolution Number 5465). D. Amendment to the 1993 Lincoln-Lancaster County Air Pollution Control Program regulations and standards, correcting errors and incorporating and reflecting new revisions to state or federal law (Resolution Number 5466). E. A resolution and quitclaim deed authorizing an exchange of real property with the City of Lincoln creating a tenancy in common for the property of the new County-City Building, the proposed Hall of Justice, the Election Commissioner Building and the west parking lot (Resolution Number 5467). F. Change order number one from Don McKinney, Inc. for general construction, for $2,170, in connection with the Lancaster County Engineering Department Waverly Station remodel. 7) 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: Lancaster County Clerk Lancaster Manor Lancaster County Records and Information Management B. Setting of a public hearing for Tuesday, April 1, 1997 at 1:30 p.m. in the County Commissioners Hearing Room, First Floor, County-City Building for County Change of Zone Number 139, requested by LeRoy F. Busboom, from AG Agriculture to AGR Agricultural Residential, on property located at the northeast corner of Southwest 112th Street and West Pioneers Boulevard in Lancaster County, Nebraska. C. Request from Debbora A. Day, an employee of the Lancaster County Veterans Service Center, to voluntarily participate in the County Retirement Plan, having met the requirements. D. Two service agreements between Lancaster County and ABC Pest Control for termite and pest control at the Lancaster Correctional Facility and the Corrections Department, for a total amount of $2,300. E. User's agreements between Lancaster County and the following for remote access to Lancaster County records at a rate of $.013 per transaction: Rape/Spouse Abuse Crisis Center Jo Seefeld E. Contracts between the Lancaster County Engineering Department and the following: LANDOWNER LOCATION AMOUNT Ron L. and Carol On Saltillo Road near Land Domina DeBoer South 112th Street donation and $90 Russell and On Southwest 29th Land Kathleen Egger Street near West donation Hallam Road Francke Farms, On South 176th Street Land Inc. near Pioneers Boulevard donation Dolores K. Krull On Mill Road near $21.50 Highway 77 Dave Nielsen On Mill Road near $10 Highway 77 8) ANNOUNCEMENTS: A. Public hearings will be held on Tuesday, March 18, 1997 at 1:30 p.m. in the County Commissioners Hearing Room, First Floor, County-City Building regarding the following: 1. Change of Zone No. 165, from AG Agricultural to AGR Agricultural Residential, requested by Harry Muhlbach, on property located west of North 56th (Hwy 77) between Mill Road and Raymond Road in Lancaster County, Nebraska. 2. Change of Zone No. 169, from "I" Industrial and "R" Residential to "B" Business, requested by Todd Wicken, on property located at the northeast corner of Highway 77 (South 12th) and Broad Street in Princeton, Lancaster County, Nebraska. 3. Change of Zone No. 170, from AG Agricultural to AGR Agricultural Residential, requested by Lawrence Conway, on property located approximately one-quarter of a mile west of U.S. Highway No. 77, on the north side of Panama Road in Lancaster County, Nebraska. B. Public hearings will be heard on Tuesday, March 25, 1997 at 1:30 p.m. in the County Commissioners Hearing Room, First Floor, County-City Building regarding the following: 1. County Special Permit No. 140 and County Preliminary Plat Number 96008, Osage Acres Community Unit Plan, requested by Design Associates for Stewart Farms, LTD., consisting of nine single family lots and two outlots, on property located at the southwest corner of South 148th and Martell Road in Lancaster County, Nebraska. 2. County Special Permit No. 144 and County Preliminary Plat Number 96018, Deerview Estates Community Unit Plan, requested by Mike Poe, consisting of eight single family lots and one outlot, on property located at the southeast corner of South 134th & Martell Road in Lancaster County, Nebraska. C. The Lancaster County Engineer will hold a public information meeting on Wednesday, March 12, 1997 at 7 p.m. at Norris High School regarding the proposed work by Burlington Northern Railroad directly north of Firth, Nebraska. D. The Lancaster County Board of Commissioners will not hold a meeting on Thursday, March 13, 1997 due the Southeast Nebraska County Officials Association meeting, instead a meeting will be held on Tuesday, March 11, 1997 at 12 p.m. in the Mayor's Conference Room, Third Floor, County-City Building. E. A Management Team meeting will be held on Thursday, March 13, 1997 at 7:30 a.m., in the Fourth Floor Conference Room, County-City Building. E. 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. 9) EMERGENCY ITEMS AND OTHER BUSINESS: 10) PENDING: A. Comprehensive Plan Amendment Number 15 revising the Lincoln Land Use Plan to change an 18-acre area at the southwest corner of 56th Street and Pine Lake Road from Residential to Commercial (Resolution Number 5457). B. Change of Zone Number 147, from AG Agricultural to AGR Agricultural Residential, requested by Peter W. Katt on behalf of Steve Champoux, on property located at the northwest corner of 134th and "A" Streets in Lancaster County, Nebraska. 11) 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, March 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 meeting held on Tuesday, March 04, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 73 additions and deductions to the tax assessment rolls per Exhibit "A". 3) MOTOR VEHICLE TAX EXEMPTIONS: Cedars Youth Services Congregation of Mary Queen Developmental Services of Nebraska, Inc. Grace Community Church St. Elizabeth Community Health Center 4) 1997 Partial Exemptions for Real Estate and Personal Property per Exhibit "B".
Commissioners Present: Linda Steinman, Chair Kathy Campbell Larry Hudkins Steve Svoboda Darlene Tussing Others Present: Kandra Hahn, Lancaster County Clerk Diane Staab, Deputy County Attorney Kerry Eagan, Chief Administrative Officer 1) MINUTES: Approval of the minutes of the Board of Commissioners meeting held on Tuesday, March 04, 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 Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 2) CLAIMS: Approval of all claims processed through Tuesday, March 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: Svoboda moved and Campbell seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) The Clerk asked if anyone present requested a change in the agenda. No requests were made and the meeting proceeded as planned. 4) PUBLIC HEARINGS: A. Application for a Class E (Beer Off Sale Only) and a Class M (Bottle Club) liquor license for Todd Hoyer and Cindy Wohl dba/The Kramer Bar (formerly known as the J & C Country Bar and Grill) located in Kramer, Lancaster County, Nebraska. Tussing opened the public hearing. The Clerk swore in the applicants. Todd Hoyer and Cindy Wohl, applicants, appeared to answer any questions. Hudkins asked if there would be any substantial changes to the operation of the bar. Hoyer stated they may possibly add a beer garden for summer. Steinman asked if anyone wished to testify in opposition or in a neutral position. No one appeared. Steinman closed the public hearing and noted action would be taken on the application Tuesday, March 18, 1997. B. Proposed changes to the Lincoln-Lancaster County Air Pollution Control Program Regulations and Standards and adoption of recent federal standards to correct errors and to provide clarifying language. Steinman opened the public hearing. Marcia Willhite, Assistant Chief of the Environmental Health of the Lincoln-Lancaster County Health Department, appeared and said for the most part the changes correct typographical errors and provides for clarifying language. Substantial changes being made to the Air Pollution Control Program Regulations and Standards: 1) Additional standards for new sources of air pollution 2) Emissions standard for an existing source (landfills) 3) Additional standards for sources of toxic air pollution 4) Clarifying language regarding construction permits 5) Changes relating to late fees which apply to inspection or emission fees which are overdue Campbell asked if standards are different for portable systems versus permanent systems in terms of gravel or asphalt. Willhite stated federal standards are no different for portable or fixed systems. She noted a portable facility is subject to the same air pollution regulations. In response to a question posed by Campbell, Willhite said there are federal air quality standards. She added the County is not exceeding any of the standards and, in most cases, the County is below those standards. Steinman asked if anyone wished to testify in opposition or in a neutral position. No one appeared. Steinman closed the public hearing. MOTION: Hudkins moved and Tussing seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. C. Request from Todd Lewis to validate five warranty deeds (Instrument Numbers 95-10975, 95-12179, 95-10976, 95-10977 and 95-12180). Steinman opened the public hearing and said Donald Dunn, attorney representing Todd Lewis, had requested the hearing be deferred to Tuesday, March 18, 1997. Steinman asked if anyone wished to testify. No one appeared. Diane Staab, Deputy County Attorney, appeared and submitted into the record a letter from Donald Dunn requesting the hearing be deferred (Exhibit "A"). Steinman recessed the public hearing, to be reconvened on Tuesday, March 18, 1997 at 1:30 p.m. 5) OLD BUSINESS: Request from Bret and Kim Davis and Dave and Sharon Friedeman for a resolution in support of relaxation of road-building standards of the State Board of Public Roads Classification and Standards for the purpose of graveling West Davey Road between Northwest 27th and Northwest 40th Streets at the requesters' expense. Dana Baker, attorney representing Bret and Kim Davis and Dave and Sharon Friedeman, appeared and submitted a copy of a proposed resolution into the record (Exhibit "B"). He added they would still need to come back to the County Board to request permission to place gravel for aggregate on the road surface and work out the contract details to do the work according to the County Engineer's specifications. Hudkins asked if the County could be damaged in any way if the landowners are willing to pay for the cost of the gravel and any signage which may be required. Staab said there would always be tort liability. Hudkins said he failed to see why the Board would not be willing to consider the request when it would be of no cost or liability to the County. Campbell said the Board needs to look ahead and set some sort of policy knowing that there may be a number of individuals who come to the Board who would like to move up in the rotation of the One and Six Year Road and Bridge Improvement Program. MOTION: Campbell moved and Tussing seconded to reject the request from Bret and Kim Davis and Dave and Sharon Friedeman. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 6) NEW BUSINESS: A. Manager application for Henry D. Sader III in connection with a liquor license for the Lincoln Izaak Walton League in Bennet, Lancaster County, Nebraska. MOTION: Campbell moved and Hudkins seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. B. A release from Lancaster County to State Farm Insurance Companies in consideration for $2,494.59 to release Lancaster County's subrogation claim relating to a work related injury of Melissa Koci. Sue Eckley, Safety and Training Officer, stated the County had received a release check from State Farm Insurance for $2,494.59. She stated the expenses were what Lancaster County paid out under Workers' Compensation. Eckley explained by signing the release the County is releasing State Farm of any future liability. She added that the claim was not lump sum settled and the County would be liable for another two year period, however, the County would be taking a credit of up to the full amount of the settlement made to Ms. Koci by State Farm. MOTION: Hudkins moved and Tussing seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. C. Establishment of an open meetings policy for the Lancaster County Board of Commissioners (Resolution Number 5465). Terry Wagner, Lancaster County Sheriff, appeared and said he and Kerry Eagan, Chief Administrative Officer, had discussed appointing himself as a sergeant at arms so that should a disturbance arise in the chambers the individual could be ejected, under State Statutes, depending on the circumstances. Eagan stated they could add a sentence regarding the sergeant at arms on page five under "Conduct of Meetings". The Board voice no objections. MOTION: Hudkins moved and Campbell seconded approval with the addition that the Lancaster County Sheriff and/or the Lancaster County Sheriff's office be designated as the sergeant of arms. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. D. Amendment to the 1993 Lincoln-Lancaster County Air Pollution Control Program regulations and standards, correcting errors and incorporating and reflecting new revisions to state or federal law (Resolution Number 5466). MOTION: Tussing moved and Campbell seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. E. A resolution and quitclaim deed authorizing an exchange of real property with the City of Lincoln creating a tenancy in common for the property of the new County-City Building, the proposed Hall of Justice, the Election Commissioner Building and the west parking lot (Resolution Number 5467). MOTION: Tussing moved and Campbell seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. F. Change order number one from Don McKinney, Inc. for general construction, for $2,170, in connection with the Lancaster County Engineering Department Waverly Station remodel. MOTION: Tussing moved and Svoboda seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 7) 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: Lancaster County Clerk Lancaster Manor Lancaster County Records and Information Management B. Setting of a public hearing for Tuesday, April 1, 1997 at 1:30 p.m. in the County Commissioners Hearing Room, First Floor, County-City Building for County Change of Zone Number 139, requested by LeRoy F. Busboom, from AG Agriculture to AGR Agricultural Residential, on property located at the northeast corner of Southwest 112th Street and West Pioneers Boulevard in Lancaster County, Nebraska. C. Request from Debbora A. Day, an employee of the Lancaster County Veterans Service Center, to voluntarily participate in the County Retirement Plan, having met the requirements. D. Two service agreements between Lancaster County and ABC Pest Control for termite and pest control at the Lancaster Correctional Facility and the Corrections Department, for a total amount of $2,300. E. User's agreements between Lancaster County and the following for remote access to Lancaster County records at a rate of $.013 per transaction: Rape/Spouse Abuse Crisis Center Jo Seefeld F. Contracts between the Lancaster County Engineering Department and the following: LANDOWNER LOCATION AMOUNT Ron L. and Carol On Saltillo Road Land Domina DeBoer near South 112th donation Street and $90 Russell and On Southwest 29th Land Kathleen Egger Street near West donation Hallam Road Francke Farms, On South 176th Land Inc. Street near donation Pioneers Boulevard Dolores K. Krull On Mill Road near $21.50 Highway 77 Dave Nielsen On Mill Road near $10 Highway 77 MOTION: Svoboda moved and Campbell seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. ADJOURNMENT: MOTION: Campbell moved and Tussing seconded to adjourn. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. Kandra Hahn Lancaster County Clerk Minutes Lancaster County Board of Equalization Commissioners Hearing Room First Floor, County-City Building Tuesday, March 11, 1997 1:30 p.m. Commissioners Present: Linda Steinman, Chair Kathy Campbell Steve Svoboda Darlene Tussing Commissioners Absent: Larry Hudkins Others Present: Kandra Hahn, Lancaster County Clerk Diane Staab, Deputy County Attorney Kerry Eagan, Chief Administrative Officer 1) MINUTES: Approval of the minutes of the Board of Equalization meeting held on Tuesday, March 04, 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 Campbell, Svoboda, Steinman and Tussing voted aye. Motion carried. 2) ADDITIONS AND DEDUCTIONS: Approval of 73 additions and deductions to the tax assessment rolls per Exhibit "A". MOTION: Campbell moved and Tussing seconded approval. On call Svoboda, Steinman, Tussing and Campbell voted aye. Motion carried. 3) MOTOR VEHICLE TAX EXEMPTIONS: Cedars Youth Services Congregation of Mary Queen Developmental Services of Nebraska, Inc. Grace Community Church St. Elizabeth Community Health Center MOTION: Tussing moved and Campbell seconded approval of motor vehicle tax exemptions for Cedars Youth Services, Congregation of Mary Queen, Grace Community Church and St. Elizabeth Community Health Center and approval of Developmental Services of Nebraska, Inc. subject to the applicant titling and registering the vehicle in their name. On call Steinman, Tussing, Campbell and Svoboda voted aye. Motion carried. Steinman recessed the Board of Equalization. Steinman reconvened the Board of Equalization. 4) 1997 Partial Exemptions for Real Estate and Personal Property per Exhibit "B". Vietnamese Alliance Church of Lincoln Nam Nguyen, representing the Vietnamese Alliance Church of Lincoln, appeared and submitted documentation regarding the property (Exhibit "C"). Norm Agena, Lancaster County Assessor, stated he would recommend a total exemption on the property. Northwest Lincoln Church of Christ Jim Ferguson, representing the Northwest Lincoln Church of Christ, appeared and informed the Board that he was issued a building permit approximately two weeks ago. Agena stated he would recommend a total exemption on the property. MOTION: Campbell moved and Svoboda seconded approval of partial exemptions for Bennet Community Church (23B), Camp Creek Antique Machinery & Threshing Association (44B), Catholic Bishop of Lincoln Inc. (50N & 50M), Christian Heritage Children's Home (67B & 67A), Christian Retirement Homes (70B & 70A), Community Blood Bank (80A), Fellowship Church of God (120), Gateway Manor, Inc. (146), Good News Broadcasting Association (148C), Grace Evangelical Lutheran Church (153A), Havelock Assembly of God Church (157), Home Service for Independent Living (167B), IBEW Local Union #265 Building Corporation (172), Lakeview Rest Home, Inc. (185), Lincoln Area Health Ed Center (200), Lincoln Christian School Association (204A), Lincoln Elks Lodge #80 (209A & 209B), Lincoln Foundation, Inc (211C), Lincoln Interfaith Council (216B), Lincoln Lodge #175-Order of Moose (220A), Lincoln Monthly Meeting Society of Friends (224), Lincoln Women's Club (227A), Madonna Rehabilitation Hospital (233D), Marian Sisters of the Diocese (236), MLH Mill Towne, Inc (450), Mount Olive Evangelic Lutheran Church (243), Nebraska Conference of United Methodist Church (251A), Nebraska Academy of Sciences, Inc. (256A), New Covenant Baptist Church (272A), North Star Lodge #227 (277A), Northeast Community Church (280), Phantom II Post #9875 V F W (290A), Saint Paul United Methodist Church (326B), Southwest Alliance Church (352), Tabitha Home (433B), Union College (379A), United Brotherhood of Carpenters & Joiners #1055 (381), United Presbyterian Welfare Foundation, Inc. (387), and University Park Congregation/Jehovah's Witnesses (387) with the exception of Northwest Lincoln Church of Christ (280) and Vietnamese Alliance Church (389) which the Assessor recommended total exemption. On call Campbell, Hudkins, Svoboda, Steinman and Tussing voted aye. Motion carried. ADJOURN: Campbell moved and Tussing seconded to adjourn. On call Hudkins, Svoboda, Steinman, Tussing and Campbell voted aye. Motion carried. Kandra Hahn Lancaster County Clerk