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Lancaster County
Board of Commissioners

1997 Regular Agendas & Minutes



Agenda for the regular Board of Commissioners meeting to be held in the County Commissioners Hearing Room, First Floor, County-City Building.
Tuesday, April 15, 1997 at 1:30 p.m.

 1) MINUTES:

     Approval of the minutes of the Board of Commissioners
     meeting held on Tuesday, April 8, 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, April 15,
     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:

     County Change of Zone Number 165, from AG Agricultural to
     AGR Agricultural Residential, requested by Harry Muhlbach,
     on property located west of North 56th Street (Highway 77)
     between Mill Road and Raymond Road in Lancaster County,
     Nebraska (Resolution No. 5487).

 5) OLD BUSINESS:

     A.   An application for a Corporate Manager License for
          Robert D. 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 (Resolution No. 5484 - hearing opened
          April 1, 1997).

     B.   An application for a Corporate Manager License for
          Jerry L. Sukup in connection with a Class K (Wine Off
          Sale Only) and a Class E (Beer Off Sale Only) liquor
          license for Whitehead Inc. dba/"U-Stop Convenience
          Shop" located at 6600 North 84th Street, Lincoln,
          Lancaster County, Nebraska (Resolution No. 5485 -
          hearing opened April 8, 1997).

     C.   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 (Resolution No.
          5486).

 6) NEW BUSINESS:

     A.   An application for a Special Designated License from
          Wine Merchants, Inc. to hold a fundraiser on Saturday,
          April 26, 1997 from 5 p.m. to 11 p.m. at Dick and Anne
          Hudson's residence at 11403 Van Dorn Street.

     B.   Appointment of Morton Stelling to the Lincoln-Lancaster
          County Ecological Advisory Committee, term to expire
          December, 1999.

     C.   Appointments of the following individuals to the
          Government Access and Information Committee (Resolution
          No. 5488):

          NAME                TERM

          Jim Langtry         January 1, 1997 through
                              January 1, 1998

          John Davis          January 1, 1997 through
                              January 1, 1999

          Kent Morgan         January 1, 1997 through
                              January 1, 1999

          Robin Hendricksen   January 1, 1997 through
                              January 1, 1999

     D.   Settlement and full release of a tort claim, for
          $31,500, filed by Frauline Barry against the Lancaster
          County Engineering Department, in connection with a
          motor vehicle accident.

     E.   Recommendations from the Personnel Policy Board to
          amend Rule 19.3 of the Personnel Rules regarding sick
          leave; amend the deletion of Vocational Rehabilitation
          Coordinator and the creation of the following
          classifications:

          CLASS TITLE              PAY RANGE

          Staffing Clerk           $17,382.56 - $22,813.44

          Driver's License Clerk   $16,606.72 - $21,758.88

          Motor Vehicle Clerk      $18,164.64 - $23,909.60

          Motor Vehicle            $19,888.96 - $26,170.56
          Specialist

          Motor Vehicle            $21,758.88 - $28,539.68
          Coordinator

          Motor Vehicle Manager    $26,170.56 - $34,134.88

          Real Estate Supervisor   $26,170.56 - $34,134.88

     F.   An agreement with the Nebraska Department of Revenue
          for access by the County Attorney to data to be used in
          locating persons in connection with child support
          obligations.

     G.   An agreement with Aliant Communications Company
          allowing Emergency Services to place a pole and siren
          on property at 27th and Old Cheney Road for a license
          fee of $1 for each term of license, commencing March
          25, 1997.  Costs for installation, maintenance and
          utilities will be incurred by the County.

     H.   A contract with Pavers LLC for Westgate paving, for
          $28,412.06 (Project No. 97-30).


 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.   Reports for the following:

          County Attorney

          Clerk of the District Court

          Lincoln City Libraries

          Noxious Weed Control Authority and the Combined Weed
          Program with the City of Lincoln

     B.   Setting of a public hearing for Tuesday, April 29, 1997
          at 1:30 p.m. in the Commissioners Hearing Room on the
          first floor of the County-City Building for an addition
          to licensed premise in connection with a Class E (Beer
          Off Sale Only) and a Class M (Bottle Club) liquor
          license for Hi Mark Golf Club located at 9003 Pioneer
          Boulevard, Lincoln, Lancaster County, Nebraska.

     C.   Contracts relating to road improvements with the
          following:

          LANDOWNER           LOCATION                 AMOUNT

          Robert A. and       On North 112th Street    $313 and
          Shirley A.          and Havelock Avenue      land
          Christiansen                                 exchanges
          (5 contracts)

          Dennis L. Gardner   On South 148th Street    Land
                              near Wittstruck Road     donation

          De L. and           On South 148th Street    $182.59
          Dixie D. Halbert    near Wittstruck Road

          Harry D. and        On South 148th Street    $182.59
          Selma J. Naumann    near Wittstruck Road

          Michael D.          On South 68th Street     $70
          Petersen and        and Yankee Hill Road
          Barbara J.
          Hoerle-Petersen

          Greg Retzlaff       On South 56th Street     $10
                              near Rokeby Road


 8) ANNOUNCEMENTS:

     A.   The Lancaster County Board of Commissioners will hold a
          meeting on Thursday, April 17, 1997 at 8:30 a.m. in the
          Fourth Floor Conference Room of the County-City
          Building.

     B.   Public hearings will be held on Tuesday, April 22, 1997
          at 1:30 p.m. in the Commissioners Hearing Room on the
          first floor of the County-City Building for the
          following:

          1.   A change of location in connection with a Class E
               (Beer Off Sale Only) and a Class M (Bottle Club)
               liquor license for Dreamers Inc. dba/"BJ's
               Hideaway" to 1400 Saltillo Road in Lancaster
               County, Nebraska.

          2.   A street name change to name the new road located
               one- quarter mile south of Highway 2 between
               Nebraska Highway 43 east to South 162nd Street as
               "Luann Lane" (Street Name Change No. 97001).

     C.   A public hearing will be held on Tuesday, April 29,
          1997 at 1:30 p.m. in the Commissioners Hearing Room on
          the first floor of the County-City Building for Final
          Plat No. 97006, Prairie Lake Estates, requested by
          Marvin Renner, consisting of nine residential lots, on
          property located east of South 54th Street between
          Firth and Gage Road in Lancaster County, Nebraska.

     D.   The Lancaster County Board of Commissioners will hold a
          meeting with Village Clerks on Thursday, April 24, 1997
          at 12:30 p.m. at the Lancaster County Extension
          Building, Room B, located at 444 Cherrycreek Road to
          explore and discuss issues of mutual concern to Village
          and the County.

     E.   The Lancaster County Board has scheduled an information
          meeting to prepare for changes in taxing powers
          contained in Legislative Bill 1114 (1996).  The meeting
          will be held on Thursday, April 24, 1997 at 7 p.m. in
          the Commissioners Hearing Room on the first floor of
          the County-City Building, 555 South 10th Street,
          Lincoln, Nebraska.

     F.   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.

 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, 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, April 15, 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, April 8, 1997. (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 per Exhibit "A".

3) MOTOR VEHICLE TAX EXEMPTIONS:

     Capitol City Christian Church
     Catholic Bishop of Lincoln
     Catholic Social Services
     Church on the Rock
     Veterans of Foreign Wars

4)   A protest on classification of real estate filed by Richard
     J. Butler on behalf of Glenn and Lois Umberger.


5)   Removal of an exemption on real estate for Congregation
     Tifereth Israel of Lincoln.

6)   A tax exemption on personal property for Bryan Memorial
     Hospital 

Minutes
Commissioners Present:   Linda Steinman, Chairman
                         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, April 8, 1997. (A copy of these
     minutes is on file in the Office of the Lancaster County
     Clerk.)

     MOTION:   Svoboda 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, April 15,
     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) ITEMS OF PUBLIC PARTICIPATION:

     The Chair indicated Robert Shull was present for Item 5A (an
     application for a Corporate Manager License for Firethorn
     Golf Club) and had requested the item be moved forward due
     to time constraints.

     The Clerk swore in Terry Wagner, Lancaster County Sheriff
     and Robert Shull, applicant.

     Shull appeared and said he had worked at Firethorn Golf Club
     for ten years and had been operating it for four years.

     MOTION:   Campbell moved and Tussing seconded approval.  On
               call Svoboda, Tussing, Campbell, Hudkins and
               Steinman voted aye.  Motion carried.


 4) PUBLIC HEARINGS:

     County Change of Zone Number 165, from AG Agricultural to
     AGR Agricultural Residential, requested by Harry Muhlbach,
     on property located west of North 56th Street (Highway 77)
     between Mill Road and Raymond Road in Lancaster County,
     Nebraska (Resolution No. 5487).

     Steinman opened the public hearing.

     Michael Rierden, attorney representing Harry Muhlbach,
     appeared and asked for a continuance of three weeks due to
     incomplete data concerning the water.

     Steinman asked if anyone wished to testify in favor,
     opposition or in a neutral position.

     No one appeared and Steinman recessed the public hearing to
     be continued on Tuesday, May 6, 1997.

 5) OLD BUSINESS:

     A.   An application for a Corporate Manager License for
          Robert D. 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 (Resolution No. 5484 - hearing opened
          April 1, 1997).

          This item was previously acted on.

     B.   An application for a Corporate Manager License for
          Jerry L. Sukup in connection with a Class K (Wine Off
          Sale Only) and a Class E (Beer Off Sale Only) liquor
          license for Whitehead  Inc. dba/"U-Stop Convenience
          Shop" located at 6600 North 84th Street, Lincoln,
          Lancaster County, Nebraska (Resolution No. 5485 -
          hearing opened April 8, 1997).

          MOTION:   Campbell moved and Tussing seconded approval.
                    On call Tussing, Campbell, Hudkins, Steinman
                    and Svoboda voted aye.  Motion carried.

     C.   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 (Resolution No.
          5486).

          Rierden appeared again and requested a continuance of
          the  change of zone to Tuesday, May 6, 1997.


 6) NEW BUSINESS:

     A.   An application for a Special Designated License from
          Wine  Merchants, Inc. to hold a fundraiser on Saturday,
          April 26, 1997 from 5 p.m. to 11 p.m. at Dick and Anne
          Hudson's residence at 11403 Van Dorn Street.

          MOTION:   Campbell moved and Svoboda seconded approval
                    subject  to the conditions as outlined in the
                    Sheriff's recommendation.  On call Hudkins,
                    Steinman, Svoboda,  Tussing and Campbell
                    voted aye.  Motion carried.

     B.   Appointment of Morton Stelling to the Lincoln-Lancaster
          County Ecological Advisory Committee, term to expire
          December, 1999.

          MOTION:   Tussing moved and Hudkins seconded approval.
                    On call Steinman, Svoboda, Tussing, Campbell
                    and Hudkins voted aye.  Motion carried.

     C.   Appointments of the following individuals to the
          Government Access and Information Committee (Resolution
          No. 5488):

          NAME                TERM

          Jim Langtry         January 1, 1997 through
                              January 1, 1998

          John Davis          January 1, 1997 through
                              January 1, 1999

          Kent Morgan         January 1, 1997 through
                              January 1, 1999

          Robin Hendricksen   January 1, 1997 through
                              January 1, 1999

          MOTION:   Hudkins moved and Svoboda seconded approval.
                    On call Svoboda, Tussing, Campbell, Hudkins
                    and Steinman voted aye.  Motion carried.

     D.   Settlement and full release of a tort claim, for
          $31,500,  filed by Frauline Barry against the Lancaster
          County  Engineering Department, in connection with a
          motor vehicle accident.

          Diane Staab, Deputy County Attorney, recommended
          approval of the claim.  She noted the insurance company
          would put together the releases and settlement
          information.

          MOTION:   Tussing moved and Campbell seconded approval.
                    On call Tussing, Campbell, Hudkins and
                    Steinman and Svoboda voted aye.  Motion
                    carried.

     E.   Recommendations from the Personnel Policy Board to
          amend Rule 19.3 of the Personnel Rules regarding sick
          leave; amend the deletion of Vocational Rehabilitation
          Coordinator and the  creation of the following
          classifications:

          CLASS TITLE              PAY RANGE

          Staffing Clerk           $17,382.56 - $22,813.44

          Driver's License Clerk   $16,606.72 - $21,758.88

          Motor Vehicle Clerk      $18,164.64 - $23,909.60

          Motor Vehicle            $19,888.96 - $26,170.56
          Specialist

          Motor Vehicle            $21,758.88 - $28,539.68
          Coordinator

          Motor Vehicle Manager    $26,170.56 - $34,134.88

          Real Estate Supervisor   $26,170.56 - $34,134.88

          MOTION:   Campbell moved and Tussing seconded approval.
                    On call Campbell, Hudkins, Steinman, Svoboda
                    and Tussing voted aye.  Motion carried.

     F.   An agreement with the Nebraska Department of Revenue
          for access by the County Attorney to data to be used in
          locating persons in connection with child support
          obligations.

          MOTION:   Tussing moved and Campbell seconded approval.
                    On call Hudkins, Steinman, Svoboda, Tussing
                    and Campbell voted aye.  Motion carried.

     G.   An agreement with Aliant Communications Company
          allowing Emergency Services to place a pole and siren
          on property at 27th and Old Cheney Road for a license
          fee of $1 for each  term of license, commencing March
          25, 1997.  Costs for installation, maintenance and
          utilities will be incurred by the County.

          MOTION:   Hudkins moved and Tussing seconded approval.
                    On call Steinman, Svoboda, Tussing, Campbell
                    and Hudkins voted aye.  Motion carried.

     H.   A contract with Pavers LLC for Westgate paving, for
          $28,412.06 (Project No. 97-30).

          MOTION:   Svoboda moved and Campbell seconded approval.
                    On call Svoboda, Tussing, Campbell, Hudkins
                    and Steinman 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.   Reports for the following:

          County Attorney

          Clerk of the District Court

          Lincoln City Libraries

          Noxious Weed Control Authority and the Combined Weed
          Program with the City of Lincoln

     B.   Setting of a public hearing for Tuesday, April 29, 1997
          at 1:30 p.m. in the Commissioners Hearing Room on the
          first floor of the County-City Building for an addition
          to licensed premise in connection with a Class E (Beer
          Off Sale Only) and a Class M (Bottle Club) liquor
          license for Hi Mark Golf Club located at 9003 Pioneer
          Boulevard, Lincoln, Lancaster County, Nebraska.

     C.   Contracts relating to road improvements with the
          following:

          LANDOWNER           LOCATION            AMOUNT

          Robert A. and       On North 112th      $313 and
          Shirley A.          Street and          land
          Christiansen        Havelock Avenue     exchanges
          (5 contracts)

          Dennis L. Gardner   On South 148th      Land
                              Street near         donation
                              Wittstruck Road

          De L. and Dixie D.  On South 148th      $182.59
          Halbert             Street near
                              Wittstruck Road

          Harry D. and        On South 148th      $182.59
          Selma J. Naumann    Street near
                              Wittstruck Road

          Michael D.Petersen  On South 68th       $70
          and Barbara J.      Street and
          Hoerle-Petersen     Yankee Hill Road

          Greg Retzlaff       On South 56th       $10
                              Street near
                              Rokeby Road

          MOTION:   Campbell moved and Tussing seconded approval.
                    On call Tussing, Campbell, Hudkins, Steinman
                    and Svoboda voted aye.  Motion carried.

 8) ANNOUNCEMENTS:

     A.   The Lancaster County Board of Commissioners will hold a
          meeting on Thursday, April 17, 1997 at 8:30 a.m. in the
          Fourth Floor Conference Room of the County-City
          Building.

     B.   Public hearings will be held on Tuesday, April 22, 1997
          at 1:30 p.m. in the Commissioners Hearing Room on the
          first floor of the County-City Building for the
          following:

          1.   A change of location in connection with a Class E
               (Beer Off Sale Only) and a Class M (Bottle Club)
               liquor license for Dreamers Inc. dba/"BJ's
               Hideaway" to 1400 Saltillo Road in Lancaster
               County, Nebraska.

          2.   A street name change to name the new road located
               one- quarter mile south of Highway 2 between
               Nebraska Highway 43 east to South 162nd Street as
               "Luann Lane" (Street Name Change No. 97001).

   C.   A public hearing will be held on Tuesday, April 29,
          1997 at 1:30 p.m. in the Commissioners Hearing Room on
          the first floor of the County-City Building for Final
          Plat No. 97006, Prairie Lake Estates, requested by
          Marvin Renner, consisting of nine residential lots, on
          property located east of South 54th Street between
          Firth and Gage Road in Lancaster County, Nebraska.

     D.   The Lancaster County Board of Commissioners will hold a
          meeting with Village Clerks on Thursday, April 24, 1997
          at 12:30 p.m. at the Lancaster County Extension
          Building, Room B, located at 444 Cherrycreek Road to
          explore and discuss  issues of mutual concern to
          Village and the County.

     E.   The Lancaster County Board has scheduled an information
          meeting to prepare for changes in taxing powers
          contained  in Legislative Bill 1114 (1996).  The
          meeting will be held on Thursday, April 24, 1997 at 7
          p.m. in the Commissioners Hearing Room on the first
          floor of the County-City Building, 555 South 10th
          Street, Lincoln, Nebraska.

     F.   The Lancaster County Board of Commissioners meeting
          which  is broadcast live at 1:30 p.m. on Tuesdays will
          be rebroadcast at 6:30 p.m. on Cablevision Channel 5.

          Mike DeKalb, Planning Department, appeared regarding
          Item  8B-1 and informed the Board that the location of
          1400 Saltillo Road is in the three-mile jurisdiction
          and would  require a Special Permit.  He added the
          applicant has not  applied for the Special Permit and
          suggested the Board reschedule or defer the public
          hearing.

          MOTION:   Campbell moved and Svoboda seconded to drop
                    the public hearing to be held on Tuesday,
                    April 22, 1997 for a change of location in
                    connection with a Class E and Class M liquor
                    license for Dreamers Inc. dba/"BJ's Hideaway"
                    to 1400 Saltillo Road pending action by the
                    Planning Commission and the City Council and
                    to notify the Liquor Control Commission and
                    BJ's Hideaway of said action.  On call
                    Campbell, Hudkins, Steinman, Svoboda and
                    Tussing voted aye.  Motion carried.

 ADJOURNMENT:

     MOTION:   Tussing moved and Campbell seconded to adjourn.
               It was the consensus of the Board to return to
               Item 4 to allow testimony.

     Note:     Transcript of testimony available at County Clerk's Office.


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