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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, June 3, 1997 At 1:30 p.m.

 1)  MINUTES:
     Approval of the minutes of the Board of Commissioners meeting
     held on Tuesday, May 27, 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, June  3, 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.

     COMMENTS FROM PUBLIC ON AGENDA ITEMS:
     Members of the public  who wish to comment on any item on the
     agenda may come  forward at this time.

 4)  PUBLIC HEARINGS:

     A vacation of South 82nd Street, Pella Road, Princeton Road and
     Olive Creek Road in connection with the Burlington Northern and
     Santa Fe Railway Company Project near Firth in Lancaster  County,
     Nebraska.


 5)  NEW BUSINESS:

     A.   Reappointment of Eldon Miller, Bill Edwards and Bruce Yoder
          to the Advisory Defense Council, terms to expire on June 30,
          2000.

     B.   Recommendations from the County Engineer and the Purchasing
          Agent to award bids to the following:

          VENDOR                   PURPOSE             AMOUNT    

          Construction Products,   For culvert pipe    $11,595.20
          Inc.

          Land Construction, Inc.  To perform channel  $ 9,603.90
                                   maintenance

          Commonwealth Electric    To provide and      $10,345.00
          Company                  install flashing
                                   beacons

     C.   A contract with Lincoln General Hospital to provide nursing
          services for the Community Mental Health Center at a rate of
          $25.88 for each hour of service provided, commencing upon
          execution of the contract.

     D.   Referee agreements with the following for the Lancaster
          County Board of Equalization regarding the 1997 real estate
          valuation protests:

          INDIVIDUAL                    AMOUNT      

          Robert W. Anderson            $48 per hour
          Fred W. Briggs                $65 per hour
          Mike Brinkman                 $55 per hour
          Dan L. Cuda                   $75 per hour
          George W. Hancock             $80 per hour
          Stephen R. Hanks              $75 per hour
          Michael J. Kerrigan           $60 per hour
          John R. Layman                $75 per hour
          Tim S. Lentz                  $50 per hour
          Daniel D. McKenzie            $50 per hour
          John E. McVay                 $60 per hour
          Robert M. Mook                $75 per hour
          Stanley L. Portsche           $60 per hour
          Barbara J Ramm                $50 per hour
          John (Jack) Sullivan          $55 per hour
          Larry Swanson                 $75 per hour
          Marilyn Tabor                 $55 per hour
          Terryl M. Tilman              $60 per hour
          Sally A. Webster              $55 per hour
          Matthew J. Wilson             $75 per hour
          Larry K. Wrasse               $55 per hour
          Great Plains Appraisal, Inc.  $55 - $75 per hour


 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.   Maintenance agreements with the following:

          AGENCY              VENDOR              AMOUNT

          County Court        D & E Technical     $384
          Sheriff             D & E Technical     $160

     B.   A user's agreement with Roger Bridger for remote access to
          County records at a rate of $.013 per transaction.

     C.   Contracts relating to road improvements with the following:

          LANDOWNER                LOCATION            AMOUNT

          Donald P. and Cleo F.    Near S.W. 14th      $80 and a
          Madden                   Street and Olive    land
                                   Creek Road          donation

          Keith Stewart            On Ashland Road     No fee
                                   near North 40th
                                   Street

 7)  ANNOUNCEMENTS:

     A.   The Lancaster County Board of Commissioners will hold a
          meeting on Thursday, June 5, 1997 at 8:30 a.m. in the Fourth
          Floor Conference of the County-City Building.

     B.   A public hearing will be held on Tuesday, June 10, 1997 at
          1:30 p.m. in the Commissioners Hearing Room on the first
          floor of the County-City Building to vacate the plat of
          Saltillo, located on the north side of Saltillo Road and
          east of 27th Street in Lancaster County, Nebraska
          (Miscellaneous Number 97002).



     C.   The Lancaster County Board of Commissioners will hold
          Department Budget Hearings on the following dates and times
          in the Register of Deeds Conference Room, County-City
          Building, 555 South 10th Street, Lincoln, Nebraska:

          Tuesday, June 3, 1997

          County Clerk......................................  8:00 a.m.
          County Engineer and Geographic Information System.  8:30 a.m.
          County Assessor...................................  9:00 a.m.
          Attention Center..................................  9:30 a.m.
          Lancaster Manor................................... 10:00 a.m.
          County Court...................................... 10:30 a.m.
          General Fund Miscellaneous........................ 11:00 a.m.
          Extension Office.................................. 11:30 a.m.

          Tuesday, June 10, 1997

          Juvenile Court....................................  8:00 a.m.
          Library...........................................  8:30 a.m.
          Agricultural Society..............................  9:00 a.m.
          Visitors Promotion................................ 10:00 a.m.
          Register of Deeds................................. 10:30 a.m.
          Relief/Medical.................................... 11:00 a.m.
          District Court and Clerk of the District Court.... 11:30 a.m.

          Tuesday, June 17, 1997

          Finalization of the review of agency budgets and seconded
          interviews if needed at 9:30 a.m.

     Other budget meetings are scheduled to be held in the Fourth
     Floor Conference Room of the County-City Building as follows:

          Thursday, June 19, 1997 at 8:30 a.m. - Working Session
          Thursday, June 26, 1997 at 8:30 a.m. - Working Session
          Thursday, July 10, 1997 at 8:30 a.m. - Working Session*
          Thursday, July 17, 1997 at 8:30 a.m. - Working Session

          *Common Budget Meeting for joint budgets - Tentative date
          of July 10, 1997; location and time to be announced.

          Tuesday, July 15, 1997 from 8 a.m. to 10 a.m.; Board
          Proposed Budget Working Session; County-City Building,
          Register of Deeds Conference Room.

          A public hearing will be held on Tuesday, August 12, 1997 at
          7 p.m. in the Commissioners Hearing Room on the first floor
          of the County-City Building.

          Adoption of the County Budget will be on Tuesday, August 26,
          1997.

     D.   Changes in real property valuation have been certified for
          1997.  Protests may be filed through midnight June 30, 1997.
          Hearings with referees will be scheduled from June 18
          through July 15 at Trabert Hall, 2202 South 11th Street.
          The Board of Equalization has set final hearings for:

          1 - 4:30 p.m. Thursday, July 17
          9 a.m. - Noon and 1 - 4:30 p.m. Friday, July 18
          9 a.m. - Noon Tuesday, July 22
          9 a.m. - Noon and 1 - 4:30 p.m. Wednesday, July 23
          1 - 4:30 p.m. Thursday, July 24
          If need, July 25

     E.   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.

     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.

     C.   County Change of Zone Number 139, from AG Agriculture to AGR
          Agricultural Residential, requested by LeRoy F. Busboom, on
          property located at the northeast corner of Southwest 112th
          Street and West Pioneers Boulevard in Lancaster County,
          Nebraska.  (This item is scheduled for further discussion on
          Tuesday, July 15, 1997 at 1:30 p.m.)

     D.   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.  (This item is scheduled for further discussion on
          Tuesday, September 9, 1997 at 1:30 p.m.)

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:  Interpreters are available at meetings of the County
Board upon request.  Pease 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, June 3, 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, May 27, 1997.
          (A copy of these minutes is on file in the Office of  the
          Lancaster County Clerk.)

 2)  ADDITIONS AND DEDUCTIONS:

     Approval of 21 additions and deductions to the tax assessment
     rolls per Exhibit "A".



                               Minutes
               Lancaster County Board Of Commissioners
                     Commissioners Hearing Room
                  First Floor, County-city Building
                        Tuesday, June 3, 1997
                              1:30 P.m.

Commissioners Present:   Linda Steinman, Chair
                         Kathy Campbell
                         Larry Hudkins
                         Steve Svoboda
                         Darlene Tussing

     Others Present:     Kerry Eagan, Chief Administrative Officer
                         Kandra Hahn, County Clerk
                         Diane Staab, Deputy County Attorney

 1)  MINUTES:
     Approval of the minutes of the Board of Commissioners meeting
     held on Tuesday, May 27, 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 call Campbell,
     Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.


 2)  CLAIMS:
     Approval of all claims processed through Tuesday, June 3, 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:
      Hudkins moved and Tussing 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 vacation of South 82nd Street, Pella Road, Princeton Road and
     Olive Creek Road in connection with the Burlington Northern and
     Santa Fe Railway Company Project near Firth in Lancaster County,
     Nebraska.

     Steinman opened the public hearing and submitted letters from Ray
     Lineweber of United Transportation Union (Exhibit "A") and Harlan
     Layton (Exhibit "B").

     She asked if anyone wished to testify in favor.

     Trev Peterson, representing Burlington Northern Santa Fe Railway
     Company, appeared and said the application would not involve the
     vacation of any streets and added from a legal standpoint if a
     road is vacated it would have to be reacquired to reopen it. He
     explained the proposal, as amended, involves the installation of
     a second main line track and a cut north of Firth. The 82nd
     Street crossing will be left alone with the exception of the
     additional track being added, along with signals and gates being
     installed at the crossing. Pella and Princeton Roads would be
     closed for the construction of two bridges extending across the
     new track and the existing track. Peterson said Olive Creek Road
     would be closed with the provision that it could be reopened in
     the future.

     Benefits of the project discussed by Peterson were as follows:

     1. Elimination of one locomotive
     2. Safety
     3. Elimination of holding trains near Firth

     Peterson also addressed three issues of concerns:

     1.   Movement of large amounts of dirt -- Peterson said most of
          the dirt would be wasted on neighbors property and would not
          involve the use of any substantial part of the County roads.

     2.   Future plans between the Panama Road north to Saltillo Road
          -- Peterson explained by the end of the year the railroad
          would have double track from the Hobson Yard south to
          Saltillo Road with double track between Panama Road and
          Firth Road. He added the railroad would consider, at some
          point, double tracking between Panama Road and Saltillo
          Road.

     3.   Relocation of utilities -- Peterson said they are
          negotiating with utility companies to relocate the lines.


     Campbell said no one is advocating the vacation of any four of
     the roads, but they are advocating the temporary closing of Olive
     Creek Road.

     Diane Staab, Deputy County Attorney, said that was correct.

     In response to a statement made by Tussing, Don Thomas, County
     Engineer, explained the County would take Firth Road as a County
     responsibility; South 82nd Street will be an "at grade" crossing
     with signals and gates rather than requiring the closure of the
     road or a bridge; Pella Road and Princeton Road will have
     identical bridges over both the old and new tracks and Olive
     Creek Road will be temporarily closed with the right to reopen it
     at a future date.

     Thomas said one concern, which was somewhat addressed in the
     agreement, is that they want one of the east/west roads opened
     around September 1.

     Campbell asked why the County wanted to take the responsibility
     of the Firth Road.

     Thomas said their office would rather take the time to deal with
     the individual landowners because it would be a hard road to
     build.

     In response to a question asked by Hudkins, Thomas said they
     would utilize Railroad Transportation Safety dollars to help
     build the viaduct.

     Hudkins asked how long the east/west roads would be closed.

     Thomas said the agreement states the goal is to have a bridge
     open by September 1.

     Peterson appeared again and said the contractor has an agreement
     which states the bridges will be built by September 1.

     In response to a question asked by Hudkins, Peterson said he
     wasn't sure if alternate access could be provided for landowners
     during construction or whether there would be additional money to
     take care of the expenses for going around. He added the company
     working on land acquisition for the railroad would deal with
     access.

     Steinman asked if anyone wished to speak in opposition.

     Steve Mann, 1411 D Street, appeared and addressed his concerns
     regarding the track.


     No other testimony was taken in opposition.

     Steinman asked if anyone wished to speak in a neutral position.

     Art Younkey, 103rd Street and Princeton Road, appeared and asked
     when the bridge on Princeton Road would be completed.

     Steinman said both bridges are to be completed by September 1.

     Kevin Pollard, Manager of Engineering for Norris Public Power,
     appeared and submitted a map showing where their lines run
     (Exhibit "C"). He addressed his concerns about relocation of
     their lines and closure of Olive Creek Road in relation to the
     maintenance of a three phase feeder.

     Rex Kuhn, 27907 South 82nd, appeared and expressed his concerns
     as follows:

     1.   Location of new track
     2.   Closure of the three east/west roads
     3.   Maintenance of 82nd street

     Kent Imig of Firth, Nebraska appeared and asked if a feasibility
     study had been done in relation to building the overpass.

     Thomas said they had just signed a contract with a consultant for
     design work.

     Dwight Tekoste of Firth, Nebraska appeared and asked the
     following:

     1.   Height difference on 82nd Street
     2.   Height at the top of the overpass

     Tom Anzia, representative from Trans Systems, appeared and said
     there was no significant vertical difference between the tracks
     and the clear width on the top of the overpass is 28 feet.

     Tekoste added he uses the road quite frequently and had not been
     approached by the contractor.

     Mary Schuetze of Firth, Nebraska appeared and expressed her
     concerns regarding the following:

     1.   Water runoff and drainage
     2.   Noise from the construction
     3.   Traffic
     4.   Crossing on 82nd Street





     Peterson appeared again and said there is enough room between
     82nd Street and Panama Road to hold two trains without them
     occupying the crossing and there should be no problems unless the
     engineer stops in the wrong place.

     Anzia appeared again and explained the maximum point for the cut
     is immediately northeast of 82nd Street and the cuts will range
     from zero to a maximum point of 50 feet. Anzia stated the depth
     of cut varies throughout the project with the majority of the
     project length around 20 feet.

     He also said they are providing open drainage channels along the
     sides of the proposed track which will convey the flow in their
     historical drainage basin patterns to the north and to the south
     to existing tributaries. The Burlington North Santa Fe Railway
     Company, Anzia stated, has had a history of
     investigating/evaluating potential impacts to ground water in the
     area. He said there has been no study indicating there will be an
     impact.

     Steinman asked if anyone else wished to testify.

     No one appeared and the public hearing was closed with action to
     be taken on Tuesday, June 10, 1997.


 5)  NEW BUSINESS:

     A.   Reappointment of Eldon Miller, Bill Edwards and Bruce Yoder
          to the Advisory Defense Council, terms to expire on June 30,
          2000.

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

     B.   Recommendations from the County Engineer and the Purchasing
          Agent to award bids to the following:

          VENDOR                   PURPOSE             AMOUNT  

          Construction Products,   For culvert pipe    $11,595.20
          Inc.

          Land Construction, Inc.  To perform channel  $ 9,603.90
                                   maintenance

          Commonwealth Electric    To provide and      $10,345
          Company                  install flashing
                                   beacons

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


     C.   A contract with Lincoln General Hospital to provide nursing
          services for the Community Mental Health Center at a rate of
          $25.88 for each hour of service provided, commencing upon
          execution of the contract.

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


     D.   Referee agreements with the following for the Lancaster
          County Board of Equalization regarding the 1997 real estate
          valuation protests:

          INDIVIDUAL                    AMOUNT      

          Robert W. Anderson            $48 per hour
          Fred W. Briggs                $65 per hour

          Mike Brinkman                 $55 per hour
          Dan L. Cuda                   $75 per hour
          George W. Hancock             $80 per hour
          Stephen R. Hanks              $75 per hour
          Michael J. Kerrigan           $60 per hour
          John R. Layman                $75 per hour
          Tim S. Lentz                  $50 per hour
          Daniel D. McKenzie            $50 per hour
          John E. McVay                 $60 per hour
          Robert M. Mook                $75 per hour
          Stanley L. Portsche           $60 per hour
          Barbara J Ramm                $50 per hour
          John (Jack) Sullivan          $55 per hour
          Larry Swanson                 $75 per hour
          Marilyn Tabor                 $55 per hour
          Terryl M. Tilman              $60 per hour
          Sally A. Webster              $55 per hour
          Matthew J. Wilson             $75 per hour
          Larry K. Wrasse               $55 per hour
          Great Plains Appraisal, Inc.  $55 - $75 per hour

     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.   Maintenance agreements with the following:

          AGENCY              VENDOR              AMOUNT

          County Court        D & E Technical     $384
          Sheriff             D & E Technical     $160

     B.   A user's agreement with Roger Bridger for remote access to
          County records at a rate of $.013 per transaction.

     C.   Contracts relating to road improvements with the following:

          LANDOWNER                LOCATION            AMOUNT

          Donald P. and Cleo F.    Near S.W. 14th      $80 and a
          Madden                   Street and Olive    land
                                   Creek Road          donation

          Keith Stewart            On Ashland Road     No fee
                                   near North 40th
                                   Street

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




ADJOURNMENT:

MOTION: Tussing moved and Campbell 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, June 3, 1997
                              1:30 p.m.

Commissioners Present:   Linda Steinman, Chair
                         Kathy Campbell
                         Larry Hudkins
                         Steve Svoboda
                         Darlene Tussing

     Others Present:     Kerry Eagan, Chief Administrative Officer
                         Kandra Hahn, County Clerk
                         Diane Staab, Deputy County Attorney

 1)  MINUTES:
     Approval of the minutes of the Board of Equalization meeting held
     on Tuesday, May 27, 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, Steinman, Svoboda and Tussing voted aye. Motion carried.

 2)  ADDITIONS AND DEDUCTIONS:

     Approval of 21 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.


ADJOURNMENT:

At the direction the Board of Equalization was adjourned.


Kandra Hahn - Lancaster County Clerk

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