Lancaster County
Board of Commissioners
Board of Commissioners
1) MINUTES: Approval of the minutes of the Board of Commissioners meeting held on Tuesday, April 22, 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 29, 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 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 the Friedens Lutheran Church for volunteer services. * A Proclamation recognizing the week of May 4 - May 10, 1997 as National Tourism Week in Lincoln, Lancaster County, Nebraska. 4) PUBLIC HEARINGS: A. 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. B. An addition to licensed premises 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. 5.) NEW BUSINESS: A. Approval of Hospital Authority bond issues for Madonna Rehabilitation Hospital as required by federal tax law, proceeds of which will be used to pay, redeem and retire $1,250,000 in outstanding bonds and to provide approximately $3,250,000 to make improvements to the existing facilities. B. An application for a Special Designated Permit from Centerville Stop & Shop to hold the 2nd Annual Cajun Crawfish Boil and Hogroast on Saturday May 3, 1997 from 1 p.m. - 1 a.m. in Martell, Lancaster County, Nebraska. C. A claim filed against Lancaster County by Cynthia Mahlin for unspecified damages. D. An agreement and release of subrogation claim in the case of Melanie Brown Siefker, Bryan Memorial Hospital and their insurer in recognition of payment to the County of $1,255.38. E. An Interlocal Agreement with the Lower Platte South Natural Resources District for improvement of West Agnew Road and drainage channel as a flood control measure, with sharing of construction costs specified in the agreement. F. An amendment to the Interlocal Agreement with the City of Lincoln, which provides for a local air pollution control program, to make changes necessary for compliance with the requirements of the Environmental Protection Agency. G. An Interlocal Agreement with Educational Service Unit No. 18 to provide an educational program at the Attention Center facilities from of June 16, 1997 - August 8, 1997, at a cost not to exceed $25,257. H. An addendum to the contract with Merit Information Systems for CD ROM records conversion for the Register of Deeds, providing a new time schedule and establishing progress payments. I. A recommendation from the Purchasing Agent to award a contract for vending services to the Corrections Department to Perfect Cup Vending for an 18.56 % commission rate, with a guaranteed annual commission amount of $18,000 payable to the County. J. Authorization of the installation of traffic signs in Lancaster County (Resolution No. 5496) at the following locations: 1. A driveway warning sign on South 120th Street about one half mile south of Highway 2 for northbound traffic approaching the Randy Hoover residence at 10880 South 120th Street. 2. "Narrow Bridge" signs (W5-2) on West Holdrege Street in advance of Bridge M-129 between Northwest 98th Street and Northwest 84th Street. K. Change Order Number 2 from Don McKinney, Inc. on general construction in connection with the Lancaster County Engineering Department Waverly Station remodel for $2,149. L. A subordination agreement for Marcia Spurlock on a mortgage given by Lincoln Action Program in connection with a County program. 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. A maintenance agreement with EquiServ in the amount of $1,967 for the period of May 31, 1997 - May 31, 1998. B. Contracts relating to road improvements with the following: LANDOWNER LOCATION AMOUNT Orville W. On Arbor Road near $3,027.50 & Grace A. Smith, North 40th Street Trustees Jack W. On Arbor Road near $3,821 & Sharron W. North 40th Street Nagel Lucile M. Bingham On Arbor Road near $2,702.50 North 40th Street David A. On South 56th $250 & Cheri A. Thiel Street Near Rokeby Road Whitehead Oil On Arbor Road near $255 Company Highway 77 Douglas E. On North 14th Donation & Cynthia G. Street and Alvo Road Parrott 7) ANNOUNCEMENTS: A. The Lancaster County Board of Commissioners will not hold a meeting on Thursday May 1, 1997. Instead a meeting will be held on Tuesday, April 29, 1997 at 12:00 p.m. in the Personnel Conference Room, located on the first floor of the County-City Building. B. Continuation of public hearings will be held on Tuesday, May 6, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building for the following: 1. 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. 2. County Change of Zone Number 139, from AG Agricultural to AG Agricultural Residential, requested by LeRoy Busboom, on property located at the northeast corner of S.W. 112th and West Pioneers Boulevard, Lancaster County, Nebraska. C. 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, April 29, 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 22, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 16 additions and deductions to the tax assessment rolls per Exhibit "A". 3) MOTOR VEHICLE TAX EXEMPTIONS: The Association for Retarded Citizens of Nebraska Blessed Sacrament School Calvary United Methodist Church Cedar's Youth Services Christian Heritage Children's Home Developmental Services of Nebraska, Inc. Goodwill Industries Serving Southeast Nebraska, Inc. Grace Lutheran Church St. Joseph's Church and School Wyuka Cemetery 4) A request for a refund of real estate taxes filed by Clifton V. Focken. 5) An appeal of real estate taxes filed by David L. Chambers. 6) An appeal of rejection of Homestead Exemption filed by Alice J. Helget. 7) Request for tax exemption on real and personal property filed by the Catholic Bishop of Lincoln, Inc. 8) Request for continuation of tax exemption on real estate filed by St. Monica's Home. 9) A property valuation protest filed by Pfizer, Inc.
Commissioners Present: Linda Steinman, Chair Kathy Campbell Darlene Tussing Larry Hudkins Steve Svoboda Also Present: Diane Staab, Deputy County Attorney Kerry Eagan, Chief Administrative Officer Kandra Hahn, County Clerk 1) MINUTES: Approval of the minutes of the Board of Commissioners meeting held on Tuesday, April 22, 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, April 29, 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 Campbell seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3)ITEMS OF PUBLIC PARTICIPATION: * The Volunteer of the Month Award was presented to Friedens Lutheran Church for volunteer services at Lancaster Manor. * Steinman read a proclamation recognizing the week of May 4 - May 10, 1997 as National Tourism Week in Lincoln, Lancaster County, Nebraska into the record. MOTION: Hudkins moved and Campbell seconded authorization of the proclamation. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. 4) PUBLIC HEARINGS: A. 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. Steinman opened the public hearing. Steinman asked if anyone wished to appear in favor, in opposition or in a neutral position. Marvin Renner, applicant, appeared and thanked Mike DeKalb, Planning, and the Planning Department staff for their assistance. Steinman closed the public hearing. MOTION: Campbell moved and Hudkins seconded approval of Final Plat No. 97006, Prairie Lake Estates. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. B. An addition to licensed premises 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. Steinman opened the public hearing. Steinman asked if anyone wished to appear in favor. Dru Lammle, Hi Mark Golf Club, appeared and stated that the request was for the addition of a porch and outside deck to the licensed premises. Steve Mann, 1411 "D" Street, appeared in support and stated that minors should be prohibited. Steinman asked if anyone wished to appear in opposition or in a neutral position. No one appeared. Steinman recessed the public hearing for one week. 5.)NEW BUSINESS: A. Hearing and approval of Hospital Authority bond issues for Madonna Rehabilitation Hospital as required by federal tax law, proceeds of which will be used to pay, redeem and retire $1,250,000 in outstanding bonds and to provide approximately $3,250,000 to make improvements to the existing facilities. Allan Graves, representing the Cline Williams law firm, bond counsel for Hospital Authority No. 1 of Lancaster County, appeared and reported that the Hospital Authority had approved the issuance of two separate series of bonds for the purpose of refunding outstanding bonds and renovations at Madonna. W. Don Nelson, representing Smith Hayes Financial Services Corporation, underwriter of the bond issuance, provided a briefing on the bond rate maturity schedule (Exhibit A). Victor Witkowicz, Madonna Rehabilitation Hospital, stated that renovations would include remodeling patient rooms in two separate buildings, renovating the kitchen and cafeteria areas, and adding oxygen, air and suction to the patient rooms. Campbell inquired whether the bond rate was a favorable rating for a hospital program. Nelson stated that financial structure of the bond issuance was unrated and unenhanced. He stated that a rating, with comparable interest rates, would be A plus. MOTION: Campbell moved and Tussing seconded approval of the Hospital Authority bond issues as presented to the Board. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. B. An application for a Special Designated Permit from Centerville Stop & Shop to hold the 2nd Annual Cajun Crawfish Boil and Hogroast on Saturday May 3, 1997 from 1 p.m. - 1 a.m. in Martell, Lancaster County, Nebraska. MOTION: Campbell moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. C. A claim filed against Lancaster County by Cynthia Mahlin for unspecified damages. Diane Staab, Deputy County Attorney, appeared and recommended denial, based on lack of supporting facts. MOTION: Hudkins moved and Tussing seconded to accept the County Attorney's recommendation and deny the claim. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. D. An agreement and release of subrogation claim in the case of Melanie Brown Siefker, Bryan Memorial Hospital and their insurer in recognition of payment to the County of $1,255.38. Staab appeared and stated that the County was being reimbursed for a portion of the General Assistance funds paid to Siefker for medical bills on a workers compensation claim she filed against her employer, Bryan Memorial Hospital. MOTION: Campbell moved and Tussing seconded to accept the agreement and release of subrogation claim, based on the County Attorney's explanation. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. E. An Interlocal Agreement with the Lower Platte South Natural Resources District for improvement of West Agnew Road and drainage channel as a flood control measure, with sharing of construction costs specified in the agreement. MOTION: Hudkins moved and Campbell seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. F. An amendment to the Interlocal Agreement with the City of Lincoln, which provides for a local air pollution control program, to make changes necessary for compliance with the requirements of the Environmental Protection Agency. MOTION: Hudkins moved and Tussing seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. G. An Interlocal Agreement with Educational Service Unit No. 18 to provide an educational program at the Attention Center facilities from of June 16, 1997 - August 8, 1997, at a cost not to exceed $25,257. MOTION: Tussing moved and Campbell seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. H. An addendum to the contract with Merit Information Systems for CD ROM records conversion for the Register of Deeds, providing a new time schedule and establishing progress payments. MOTION: Tussing moved and Campbell seconded approval. Kathy Smith, Purchasing, appeared and stated that the new time schedule was in response to problems encountered in converting old and inconsistent records. ON CALL: Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. I. A recommendation from the Purchasing Agent to award a contract for vending services to the Corrections Department to Perfect Cup Vending for an 18.56 % commission rate, with a guaranteed annual commission amount of $18,000 payable to the County. MOTION: Hudkins moved and Campbell seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. J. Authorization of the installation of traffic signs in Lancaster County (Resolution No. 5496) at the following locations: 1. A driveway warning sign on South 120th Street about one half mile south of Highway 2 for northbound traffic approaching the Randy Hoover residence at 10880 South 120th Street. 2. "Narrow Bridge" signs (W5-2) on West Holdrege Street in advance of Bridge M-129 between Northwest 98th Street and Northwest 84th Street. MOTION: Tussing moved and Svoboda seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. K. Change Order Number 2 from Don McKinney, Inc. on general construction in connection with the Lancaster County Engineering Department Waverly Station remodel for $2,149. MOTION: Campbell moved and Tussing seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. L. A subordination agreement for Marcia Spurlock on a mortgage given by Lincoln Action Program in connection with a County program. MOTION: Campbell 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. A maintenance agreement with EquiServ in the amount of $1,967 for the period of May 31, 1997 - May 31, 1998. B. Contracts relating to road improvements with the following: LANDOWNER LOCATION AMOUNT Orville W. On Arbor Road near $3,027.50 & Grace A. Smith, North 40th Street Trustees Jack W. On Arbor Road near $3,821 & Sharron W. North 40th Street Nagel Lucile M. Bingham On Arbor Road near $2,702.50 North 40th Street David A. On South 56th $250 & Cheri A. Thiel Street Near Rokeby Road Whitehead Oil On Arbor Road near $255 Company Highway 77 Douglas E. On North 14th Donation & Cynthia G. Street and Alvo Road Parrott MOTION: Campbell moved and Tussing seconded approval of the Consent Items. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. 7) ANNOUNCEMENTS: A. The Lancaster County Board of Commissioners will not hold a meeting on Thursday May 1, 1997. Instead a meeting will be held on Tuesday, April 29, 1997 at 12:00 p.m. in the Personnel Conference Room, located on the first floor of the County-City Building. B. Continuation of public hearings will be held on Tuesday, May 6, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building for the following: 1. 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. 2. County Change of Zone Number 139, from AG Agricultural to AG Agricultural Residential, requested by LeRoy Busboom, on property located at the northeast corner of S.W. 112th and West Pioneers Boulevard, Lancaster County, Nebraska. C. 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: MOTION: Campbell moved and Tussing seconded to adjourn the meeting. 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, April 29, 1997 1:30 P.M. Commissioners Present: Linda Steinman, Chair Kathy Campbell Darlene Tussing Larry Hudkins Steve Svoboda Also Present: Diane Staab, Deputy County Attorney Kerry Eagan, Chief Administrative Officer Kandra Hahn, County Clerk 1) MINUTES: Approval of the minutes of the Board of Equalization meeting held on Tuesday, April 22, 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) ADDITIONS AND DEDUCTIONS: Approval of 16 additions and deductions to the tax assessment rolls per Exhibit "A". MOTION: Tussing moved and Campbell seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) MOTOR VEHICLE TAX EXEMPTIONS: The Association for Retarded Citizens of Nebraska Blessed Sacrament School Calvary United Methodist Church Cedar's Youth Services Christian Heritage Children's Home Developmental Services of Nebraska, Inc. Goodwill Industries Serving Southeast Nebraska, Inc. Grace Lutheran Church St. Joseph's Church and School Wyuka Cemetery MOTION: Tussing moved and Campbell seconded to accept the County Assessor's recommendation to deny the motor vehicle tax exemption for Blessed Sacrament School, as it was not timely filed. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. MOTION: Tussing moved and Svoboda seconded to approve the motor vehicle tax exemptions for The Association for Retarded Citizens of Nebraska, Calvary United Methodist Church, Christian Heritage Children's Home, Grace Lutheran Church, St. Joseph's Church and School and Wyuka Cemetery and to approve the motor vehicle tax exemptions for Cedar's Youth Services, Developmental Services of Nebraska, Inc. and Goodwill Industries Serving Southeast Nebraska, Inc. subject to the vehicles being titled and registered to the applicants. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. 4) A request for a refund of real estate taxes filed by Clifton V. Focken. Norm Agena, County Assessor, recommended denial of the refund request. MOTION: Campbell moved and Hudkins seconded to accept the County Assessor's recommendation to deny the refund request. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. Steinman recessed the Board of Equalization. Steinman resumed the Board of Equalization meeting. 5) An appeal of real estate taxes filed by David L. Chambers. Item was delayed until May 13, 1997, at the request of the County Assessor. 6) An appeal of rejection of Homestead Exemption filed by Alice J. Helget. Norm Agena, County Assessor, recommended denial based on statements from Helget's physicians indicating that the disability qualifications for Homestead Exemption were not met. MOTION: Campbell moved and Tussing seconded to accept the County Assessor's recommendation and deny the appeal. On call Campbell, Tussing, Hudkins, Svoboda and Steinman voted aye. Motion carried. 7) Request for tax exemption on real and personal property filed by the Catholic Bishop of Lincoln, Inc. Agena recommended approval of the request. MOTION: Campbell moved and Tussing seconded to accept the County Assessor's recommendation and approve the request for tax exemption. On call Campbell, Tussing, Hudkins, Svoboda and Steinman voted aye. Motion carried. 8) Request for removal of tax exemption on real estate filed by St. Monica's Home. Agena recommended denial of the tax exemption, with placement back on the tax rolls, due to the sale of the property on March 28, 1997. MOTION: Hudkins moved and Campbell seconded to accept the County Assessor's recommendation and remove the tax exemption on the property. On call Tussing, Hudkins, Campbell, Svoboda and Steinman voted aye. Motion carried. 9) A property valuation protest filed by Pfizer, Inc. Item was delayed until May 13th, at the request of the County Attorney. Discussion followed regarding directing a formal request for an opinion on the Pfizer, Inc. case to the County Attorney. MOTION: Campbell moved and Hudkins seconded to request the County Clerk's office to request of the County Attorney an opinion with regard to the Pfizer, Inc. case and pertinent information with regards to the case. On call Campbell, Hudkins, Svoboda, Tussing and Steinman voted aye. Motion carried. Alice Helget, applicant, appeared to appeal the rejection of her application for Homestead Exemption based on disability and provided a brief explanation of her medical condition and its limitations. In response to a question from Steinman, Agena stated that a physician must confirm that the applicant suffers from and neuromuscular or neurological disease that is of a progressive nature and that regular use of crutches, braces, a cane, artificial limbs or a wheelchair is required for mobility to qualify for Homestead Exemption based on disability. Campbell suggested that Helget contact her State Senator to discuss the need for a broadening of the definition of disability in the State Statutes. The meeting was adjourned at the direction of the Chair. Kandra Hahn Lancaster County Clerk