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, March 18, 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 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.
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.
* Presentation of the Volunteer of the Month Award
to John White for his services.
4) PUBLIC HEARINGS:
A. County Special Permit No. 140, 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 (Resolution No. 5472).
B. County Preliminary Plat Number 96008, Osage Acres,
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
(Resolution No. 5473).
C. County Special Permit No. 144, 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 (Resolution
No. 5474).
D. County Preliminary Plat Number 96018, Deerview Estates,
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 (Resolution No. 5475).
5) NEW BUSINESS:
A. A political subdivision tort claim filed against
Lancaster County by Junior L. Watermeier for injuries,
in the amount of $17,399.48.
B. A resolution objecting to validation of conveyance to
Todd Lewis of five tracts of land located at
approximately Highway 77 and West Stagecoach Road in
Lancaster County, Nebraska, which fail to comply with
requirements of subdivision approval (Resolution Number
5476).
C. Request from the Lancaster County Engineer to waive
formal bidding requirements and allow the purchasing
agent to receive written quotations for pressure
grouting at a location on South 148th Street between
Bennet Road and Wittstruck Road. Estimated cost of the
project is $14,600.
D. A contract between the Lancaster County Engineering
Department and Land Construction, Inc. for culvert
replacement and maintenance, in the amount of
$72,559.10.
E. A contract between the Lancaster County Engineering
Department and Petit Construction, Inc. for grading
construction on portions of Yankee Hill Road (Project
Nos. C55-P-425(2)) and Pleasant Hill Road (Project No.
C55-O- 405(1)), in the total amount of $166,155.07.
F. An agreement between the Lancaster County Engineering
Department and Lincoln Electric System for construction
work on Yankee Hill Road from South 56th Street to
South 84th Street, for an estimated cost of $54,767 to
the County (Project No. C55-P-425(2)).
G. A supplemental agreement between the Lancaster County
Engineering Department and the State of Nebraska,
Department of Roads for paving of South 148th Street,
at fees as specified in the agreement (Project No.
STPE-3365(5), Bennet Northwest).
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:
Lancaster County District Court
Lancaster County Sheriff's Report of Fees
Lincoln City Libraries Director's Report
B. Setting of a public hearing for Tuesday, April 8, 1997
at 1:30 p.m. in the Commissioners Hearing, First Floor,
County- City Builidng for County Change of Zone Number
171, from AG Agricultural to R Residential, requested
by Paul Weckle, on property located west of South 96th
street and north of Panama Road in Holland.
C. An agreement between the Lancaster County Election
office and East Park Plaza to use floor space for
voters registration on March 27 and March 28, 1997 and
April 24 and April 25, 1997, at no cost to the County.
D. A lease agreement between the Lancaster County
Sheriff's office and Arnold E. Bentzinger for lease of
land to be used as a firing range, in the amount of
$650 per year, commencing July 1, 1997 and ending June
30, 2002.
E. Contracts between the Lancaster County Engineering
Department and the following:
LANDOWNER LOCATION AMOUNT
Gary L. and On Yankee Hill Road $350
Phyllis L. from South 56th Street paid on
Hergenrader to South 84th Street 1/27/97
Lee B. and At Coddington Avenue $60
Alice L. Franks and West Van Dorn Street
7) ANNOUNCEMENTS:
A. A public hearing will be held on Tuesday, April 1, 1997
at 1:30 p.m. in the Commissioners Hearing Room, First
Floor, County-City Building regarding a manager
application for Robert M. Shull in connection with a
Class M (Bottle Club) and a Class K (Wine Off Sale
Only) liquor license for Firethorn Investment, a
Nebraska Partnership located at 9301 Firethorn Lane,
Lincoln, Lancaster County, Nebraska.
B. A public hearing will be held on Tuesday, April 1, 1997
at 1:30 p.m. in the 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. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, March 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 Tuesdays will
be re- broadcast at 6:30 p.m. on Cablevision Channel 5.
8) EMERGENCY ITEMS AND OTHER BUSINESS:
9) 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.
10) 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, or if you have any other
special communication needs requiring assistance.
Agenda for a Meeting of the Lancaster County Board of
Equalization to Be Held Tuesday, March 25, 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 18, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 59 additions and deductions to the tax
assessment rolls per Exhibit "A".
3) MOTOR VEHICLE TAX EXEMPTIONS:
Lincoln Church of Christ
University of Nebraska Foundation
Nebraska Wesleyan University
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 18, 1997. (A copy of these
minutes is on file in the Office of the Lancaster County
Clerk.)
MOTION: Hudkins moved and Campbell seconded approval.
On call Campbell, Hudkins, Svoboda, Steinman
and Tussing voted aye. Motion carried.
2) CLAIMS:
Approval of all claims processed through Tuesday, March 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: Campbell moved and Tussing seconded approval.
On call Hudkins, Steinman, Svoboda, Tussing
and Campbell voted aye. Motion carried.
3) The Volunteer of the Month Award was presented to John White
for his services on the Mayor's Advisory Committee.
4) PUBLIC HEARINGS:
A. County Special Permit No. 140, 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 (Resolution No. 5472).
B. County Preliminary Plat Number 96008, Osage Acres,
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
(Resolution No. 5473).
Steinman announced the Board would combine Item 4A and
4B into one public hearing.
Steinman opened the hearings and asked if anyone wished
to speak in favor of Special Permit No. 140 and
Preliminary Plat No. 96008.
J.D. Burt, of Design Associates, appeared on behalf of
Stewart Farms and submitted a copy of a purchase
agreement addendum (Exhibit A) which identifies Charles
Willnerd's participation as a supportive owner of the
application.
Burt said they had utilized the County's policy of
clustering density with a particular piece of ground.
The density calculation is based upon one unit per 20
acres, however, under certain circumstances a density
bonus of up to 20 percent is allowed when preserving
agricultural property.
The plan includes two access points; one along Martell
Road with the other being along South 148th Street.
Burt indicated both locations had been designed to
accommodate adequate site distance.
Burt said both he and Mike Stewart attempted to contact
area residents in close proximity prior to the
application and found no objections to the plan. He
noted a letter was received from Stan and Dorothy
Matzke, property owners to the south of the
development, expressing concerns regarding hog
operations and trap ranges.
The proposal includes water service via an existing
water main along Martell Road. Burt explained they
would be proposing to construct an internal water
system, at the developers cost, which would tie into
the rural water district. Also being proposed are
individual septics or lagoons based upon the desires of
the future owners.
Other documentation submitted by Burt was a letter from
Fletcher Agri Service (Exhibit B).
Jim Stewart, applicant, appeared and said they
purchased the property and felt that clustering would
work because they wouldn't be carving up so much
farmground.
Mike Stewart, applicant, appeared and indicated there
are five acreages currently for sale in the immediate
area, all of which are 20 acres.
Mike Jeffery, attorney representing the Stewarts,
appeared and said the Stewarts had tried to be
responsible with respect to the development and to
maximize the highest and best use of the property.
Steinman asked if anyone wished to testify in
opposition.
Vicki Wohlers, 14001 Martell Road, appeared and
indicated she and her husband live one-half mile west
of the proposed Osage Acres Community Unit Plan and
one-half mile north of the proposed Deerview Estates
Community Unit Plan. She said they oppose both plans
and asked that the opponents present in the hearing
room stand.
Approximately 25 individuals stood in opposition.
Wohlers stated they oppose the plans due to safety
issues and would like to have the character and
integrity maintained by the Board's denial of the
plans.
Tussing said Calvin Schrock, landowner, had telephoned
indicating he opposes both Osage Acres and Deerview
Estates.
Jean Cheney, 16800 South 134th Street, appeared and
pointed out three errors in the last paragraph of a
letter dated May 3, 1996 from Design Associates:
1) There are 24 landowners within a one mile radius
of 148th and Martell Road instead of 15.
2) One individual contacted lives and owns property
outside the one mile radius and is not one of the
24 landowners.
3) Only nine individuals were contacted rather than
11.
Cheney submitted a survey regarding Osage Acres
(Exhibit G) and added she also opposes the Deerview
Estates plan.
Bill Siefert, 572 Chestnut in Hickman, Nebraska,
appeared and submitted an outline of his testimony
(Exhibit C).
Steinman asked if anyone else wished to provide
testimony and no one appeared.
Steinman closed the public hearings.
It was the consensus of the Board to take testimony for
Special Permit No. 144 and Preliminary Plan No. 96018
before taking any action.
C. County Special Permit No. 144, 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 (Resolution
No. 5474).
D. County Preliminary Plat Number 96018, Deerview Estates,
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 (Resolution No. 5475).
Steinman opened the public hearings for Special Permit
No. 144 and Preliminary Plat 96018 and asked if anyone
wished to appear in favor of the plans.
Mike Poe, applicant, appeared and submitted
documentation of the proposed area (Exhibit D). He
said he had purchased the subject property intending to
do 20-acre lots or a community unit plan.
Campbell asked Poe if he had sold any of the property.
Poe indicated they had not closed on any of the
property, however, interest in the land has been shown.
He stated he felt it would work either as 20-acre lots
or as a community unit plan, but the community unit
plan would preserve more farmground and offer more
lots.
In response to a question asked by Campbell, he said he
had not talked with any of the neighbors and didn't
realize there was opposition.
Campbell stated some individuals have suggested they go
to 40 acres in parts of the County where there is a
substantial, rural farming situation. She asked for
Poe's opinion.
Poe stated there will always be individuals who want to
buy ground no matter what. He stated if the rule were
changed it would probably eliminate a few of the lower
income people and individuals who have the money will
buy what they want.
Steinman asked if anyone wished to testify in
opposition.
Siefert appeared again in opposition stating the
outline regarding Osage Acres applies to Deerview
Estates as well.
John Porter, 19800 South 134th Street, appeared and
said his primary concern is highway safety. Submitted
into the record was a letter expressing those concerns
(Exhibit E).
Also submitted into the record was a letter from Donald
and Elaine Siefert (Exhibit F) and a copy of a letter
addressed to Commissioner Steinman from Design
Associates (Exhibit H).
Steinman asked if anyone else wished to testify and
closed the public hearings.
ACTION TAKEN ON ITEM 4A, SPECIAL PERMIT NO. 140:
MOTION: Campbell moved and Tussing seconded to
deny County Special Permit No. 140,
Osage Acres Community Unit Plan,
requested by Design Associations for
Stewarts Farms, LTD (Resolution No.
5472). On call Steinman, Tussing,
Campbell, Hudkins and Svoboda voted aye.
Motion carried.
ACTION TAKEN ON ITEM 4B, PRELIMINARY PLAT NO.
96008:
MOTION: Campbell moved and Tussing seconded to
deny County Preliminary Plat No. 96008,
Osage Acres, requested by Design
Associates for Stewart Farms, LTD
(Resolution No. 5473). On call Tussing,
Campbell, Hudkins, Steinman and Svoboda
voted aye. Motion carried.
ACTION TAKEN ON ITEM 4C, COUNTY SPECIAL PERMIT NO.
144:
MOTION: Hudkins moved and Tussing seconded to
deny County Special Permit No. 144,
Deerview Estates Community Unit Plan
requested by Mike Poe (Resolution No.
5474). On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye.
Motion carried.
ACTION TAKEN ON ITEM 4D, PRELIMINARY PLAT NO.
96018:
MOTION: Hudkins moved and Tussing seconded to
deny Preliminary Plat No. 96018,
Deerview Estates, requested by Mike Poe
(Resolution No. 5475). On call Hudkins,
Steinman, Svoboda, Tussing and Campbell
voted aye. Motion carried.
5) NEW BUSINESS:
A. A political subdivision tort claim filed against
Lancaster County by Junior L. Watermeier for injuries,
in the amount of $17,399.48.
The Clerk said the item had been withdrawn at the
request the filer and resubmitted at a later date.
B. A resolution objecting to validation of conveyance to
Todd Lewis of five tracts of land located at
approximately Highway 77 and West Stagecoach Road in
Lancaster County, Nebraska, which fail to comply with
requirements of subdivision approval (Resolution Number
5476).
MOTION: Tussing moved and Hudkins seconded
approval. On call Hudkins, Steinman,
Svoboda, Tussing and Campbell voted aye.
Motion carried.
C. Request from the Lancaster County Engineer to waive
formal bidding requirements and allow the purchasing
agent to receive written quotations for pressure
grouting at a location on South 148th Street between
Bennet Road and Wittstruck Road. Estimated cost of the
project is $14,600.
Don Thomas, County Engineer, stated the County replaced
the bridge in 1981 with a multi-plate which is a
culvert that is bolted together in pieces. He
explained the structural integrity of the multi-plate
is dependent upon the earth which surrounds it and as a
result the road has dropped three feet.
Diane Staab, Deputy County Attorney, said under the
County Purchasing Act there are circumstances where the
bidding process can be waived. She explained one of
those circumstances is if it is found to be an
emergency which "threatens the serious loss of life,
health or property in the county". She also referred
to Nebraska Revised Statute 39-1408. Staab said there
are only a few companies who perform pressure grouting
and it is her understanding they had been contacted.
Purchasing also has stated they would be willing to put
out a special notice so that other companies may
comport.
Kathy Smith, Assistant Purchasing Agent, recommended
approval of the special circumstances.
MOTION: Campbell moved and Hudkins seconded
approval to waive formal bidding
requirements for pressure grouting. On
call Steinman, Svoboda, Tussing,
Campbell and Hudkins voted aye. Motion
carried.
D. A contract between the Lancaster County Engineering
Department and Land Construction, Inc. for culvert
replacement and maintenance, in the amount of
$72,559.10.
MOTION: Hudkins moved and Campbell seconded
approval. On call Svoboda, Tussing,
Campbell, Hudkins, Steinman voted aye.
Motion carried.
E. A contract between the Lancaster County Engineering
Department and Petit Construction, Inc. for grading
construction on portions of Yankee Hill Road (Project
Nos. C55-P-425(2)) and Pleasant Hill Road (Project No.
C55-O- 405(1)), in the total amount of $166,155.07.
MOTION: Tussing moved and Campbell seconded
approval. On call Tussing, Campbell,
Hudkins, Steinman and Svoboda voted aye.
Motion carried.
F. An agreement between the Lancaster County Engineering
Department and Lincoln Electric System for construction
work on Yankee Hill Road from South 56th Street to
South 84th Street, for an estimated cost of $54,767 to
the County (Project No. C55-P-425(2)).
MOTION: Campbell moved and Tussing seconded
approval. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye.
Motion carried.
G. A supplemental agreement between the Lancaster County
Engineering Department and the State of Nebraska,
Department of Roads for paving of South 148th Street,
at fees as specified in the agreement (Project No.
STPE-3365(5), Bennet Northwest).
MOTION: Hudkins moved and Tussing seconded
approval. On call Hudkins, Steinman,
Svoboda, Tussing and Campbell 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:
Lancaster County District Court
Lancaster County Sheriff's Report of Fees
Lincoln City Libraries Director's Report
B. Setting of a public hearing for Tuesday, April 8, 1997
at 1:30 p.m. in the Commissioners Hearing, First Floor,
County- City Building for County Change of Zone Number
171, from AG Agricultural to R Residential, requested
by Paul Weckle, on property located west of South 96th
street and north of Panama Road in Holland.
C. An agreement between the Lancaster County Election
office and East Park Plaza to use floor space for
voters registration on March 27 and March 28, 1997 and
April 24 and April 25, 1997, at no cost to the County.
D. A lease agreement between the Lancaster County
Sheriff's office and Arnold E. Bentzinger for lease of
land to be used as a firing range, in the amount of
$650 per year, commencing July 1, 1997 and ending June
30, 2002.
E. Contracts between the Lancaster County Engineering
Department and the following:
LANDOWNER LOCATION AMOUNT
Gary L. and Phyllis L. On Yankee Hill Road $350
Hergenrader from South 56th Street paid
on
to South 84th Street 1/27/97
Lee B. and Alice L. At Coddington Avenue $60
Franks and West Van Dorn Street
MOTION: Campbell moved and Tussing seconded
approval. On call Steinman, Svoboda,
Tussing, Campbell and Hudkins voted aye.
Motion carried.
8) EMERGENCY ITEMS:
Mike Thew, Chief Deputy County Attorney, said he had an
emergency item regarding litigation. He explained the
case is set for hearing on Thursday, March 27, 1997 and
that he would like direction from the Board.
Hudkins asked if they should enter into Executive Session.
Thew responded yes.
MOTION: Tussing moved and Hudkins seconded to
declare an emergency. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted
aye. Motion carried.
MOTION: At 3:35 p.m. Hudkins moved and Tussing
seconded to enter into Executive Session for
the purpose of discussing pending litigation.
On call Tussing, Campbell, Hudkins, Steinman
and Svoboda voted aye. Motion carried.
MOTION: At 3:55 p.m. Tussing moved and Campbell
seconded to exit Executive Session. On call
Campbell, Hudkins, Steinman, Tussing and
Svoboda voted aye. Motion carried.
MOTION: Tussing moved and Campbell seconded to
approve settlement with Bryan Memorial
Hospital on the tax equalization case
following the provisions of Legislative Bill
270 as presently proposed. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted
aye. Motion carried.
ADJOURNMENT:
MOTION: Campbell moved and Hudkins seconded to
adjourn. On call Tussing, Steinman, Svoboda,
Campbell and Hudkins 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 25, 1997
1:30 p.m.
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 Equalization meeting
held on Tuesday, March 18, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
MOTION: Campbell moved and Tussing seconded approval.
On Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 59 additions and deductions to the tax
assessment rolls per Exhibit "A".
MOTION: Tussing moved and Hudkins seconded approval.
On call Hudkins, Steinman, Svoboda, Tussing
and Campbell voted aye. Motion carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
Lincoln Church of Christ
University of Nebraska Foundation
Nebraska Wesleyan University
MOTION: Tussing moved and Campbell seconded to
approve a motor vehicle tax exemption for
Lincoln Church of Christ; approve a motor
vehicle tax exemption for University of
Nebraska Foundation subject to vehicle being
registered to the applicant and denial of a
motor vehicle tax exemption for Nebraska
Wesleyan University because it was not timely
filed. On call Steinman, Svoboda, Tussing,
Campbell and Hudkins voted aye. Motion
carried.
ADJOURNMENT:
At the direction of the Chair the Board of Equalization was
adjourned.
Kandra Hahn
Lancaster County Clerk