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, July 29, 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,
August 5, 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 a Sustainability Report -- Justin Evertson,
Lancaster County Ecological Advisory Committee
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. A change of zone, from AG Agricultural to R Residential,
requested by Nelvadine Lienemann, on property located at the
northwest corner of Highway 77 (South 12th Street) and "B"
Street in Princeton in Lancaster County, Nebraska (Change of
Zone Number 173) (Resolution 5534).
B. A change of zone, text amendment to Article 17.021 of the
County Zoning Resolution, requested by the County Engineer,
to allow highway contractors who have contracts to pave
federal, state and county roads, to located temporary paving
plant operations associated with the contract in all zoning
districts as a conditional use (Change of Zone Number 174)
(Resolution 5535).
C. A change of zone, from AG Agricultural to AGR Agricultural
Residential, requested by Mark Paschke, on property located
north and east of the corner of Southwest 2nd and Bennet Road
in Lancaster County, Nebraska (Change of Zone Number 175).
5) NEW BUSINESS:
A. Refund of a tax payment, for $1,021.35, to Atlantic Mortgage
on property located at 2742 Ryons Street in Lincoln,
Nebraska.
B. A political subdivision tort claim filed against the
Lancaster County Corrections Department by Anthony J Chambers
for lost property.
C. A resolution directing the County Engineer to conduct a study
regarding a petition to vacate a portion of "C" Street, west
of Third Street in Martell, Lancaster County, Nebraska
(Resolution 5537).
D. Authorization to install a 55 mile per hour speed limit sign
on West Van Dorn Street west of Southwest 40th Street for
westbound traffic (Resolution 5538).
E. Grant contracts with Developmental Services of Nebraska and
Region V Services to provide funding for developmental
disability services, in amounts to be appropriated quarterly,
commencing July 1, 1997 and ending June 30, 1998.
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 quarterly report for the Veterans' Service Center.
B. Setting of public hearings for Tuesday, August 19, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building for the following:
A manager application for Paul J Dietrich in connection with
a liquor license for Hidden Valley Golf Course and Club
located at 10501 Pine Lake Road in Lancaster County,
Nebraska.
A street name change, requested by the Director of Planning,
to rename Deerhaven Road located between South 60th Street
and South 63rd Street as Deerhaven Drive (Street Name Change
Number 97005).
C. Maintenance agreements for the following:
AGENCY VENDOR AMOUNT
Community Mental Health Pitney Bowes $91
Center
County Engineer ABDick $1,032
Records and Information Eastman Kodak Company $2,451
Management
D. A quitclaim deed with John L Reed, in the amount of $1, for
property located at North 112th Street and Havelock Avenue.
E. A contract relating to road improvements with Ronald Deinert
on Arbor Road near North 70th Street. This is at no cost to
the County.
7) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, August 7, 1997 at 8:30 a.m. in the
Fourth Floor Conference Room in the County-City Building.
B. Public hearings will be held on Tuesday, August 12, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building regarding the
following:
The County's General Assistance Plan Burial Section
A preliminary plat for Branched Oak Lakeside Acres, requested
by Jack Tuma for WTK Company, Inc., consisting of 15 single
family lots, on property located west of Branched Oak Lake on
Northwest 140th Street and West Rock Creek Road in Lancaster
County, Nebraska (Preliminary Plat 97006) (Resolution 5530)
(Continued from July 29, 1997).
A special permit, Branched Oak Lakeside Acres, requested by
Jack Tuma for WTK Company, Inc., consisting of 15 dwelling
units within 1,320 feet of public lake property, located west
of Branched Oak Lake on Northwest 140th Street and West Rock
Creek Road in Lancaster County, Nebraska (Special Permit 148)
(Continued from July 29, 1997).
C. A public hearing will be held on Tuesday, August 12, 1997 at
7 p.m. in the Commissioners Hearing located on the first
floor of the County-City Building regarding Lancaster
County's Budget for Fiscal Year 1997-1998 with adoption
scheduled for Tuesday, August 26, 1997.
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. 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.
B. 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, August 19, 1997 at 1:30 p.m.)
C. 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. 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, August 5, 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, July 29, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 7 additions and deductions to the tax assessment
rolls per Exhibit "A".
3) MOTOR VEHICLE TAX EXEMPTIONS:
Daughters of the Holy Spirit
Lincoln Christian Schools Association, Inc.
Nebraska Annual Conference of The United Methodist Church
4) SETTING OF A PUBLIC HEARING:
Setting of public hearings for the following notice of valuation
change on omitted or undervalued property for:
Elizabeth Davies et al
The Titus Corporation
5) An appeal filed on personal property by Merry Manor School of
Childhood, Inc.
6) Protest filed by Edward D Beranek for omitted or undervalued for
1994, 1995 and 1996.
7) A protest filed by Larry Geiger of Geico Development, Inc. for
payment of personal property tax.
MINUTES
Lancaster County Board Of Commissioners
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, August 5, 1997
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
Absent: Kerry Eagan, Chief Administrative Officer
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, July 29, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
MOTION: Hudkins moved and Tussing seconded approval of the
minutes of July 29, 1997. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye. Motion
carried.
2) CLAIMS: Approval of all claims processed through Tuesday,
August 5, 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) The Clerk asked if anyone present requested a change in the
agenda. No requests were made and the meeting proceeded as
planned.
The Clerk noted for the record that the presentation of the
Sustainability Report from the Lancaster Ecological Advisory
Committee had been dropped from the agenda.
4) PUBLIC HEARINGS:
A. A change of zone, from AG Agricultural to R Residential,
requested by Nelvadine Lienemann, on property located at the
northwest corner of Highway 77 (South 12th Street) and "B"
Street in Princeton in Lancaster County, Nebraska (Change of
Zone Number 173) (Resolution 5534).
Steinman opened the public hearing and asked if anyone wished
to testify in favor of the zoning change.
Trevor Lienemann, appeared on behalf of the applicant, and
said the initial request was for the entirety of Lot 29. He
explained they are now wanting to rezone 50 feet of the lot
from agricultural to residential. 150 feet of the right-of-
way of "B" Street is already zoned residential and they would
like the proposed property line to be 200 feet off the road.
Lienemann submitted three maps which focus on the new request
(Exhibit "A", "B" and "C").
Nelvadine Lienemann, applicant, appeared and stated the
original change of zone was for Lot 29 in its entirety and
150 feet of the lot is currently zoned residential.
Mike DeKalb, Planning Department, appeared and explained that
instead of changing the zone for all of Lot 29, they would
add 50 feet to the existing 150 feet that is already zoned
residential. The R-3 zoning would then pick up all of the
proposed lot. He said Lienemann will attach Lot 29 to the
adjoining land to the west which would give him approximately
30 acres and the subdivision could be approved.
Steinman asked if anyone wished to appear in opposition.
No one appeared and the Chair closed the public hearing.
MOTION: Campbell moved and Hudkins seconded approval of
Change of Zone 173, Resolution 5534, for the south
200 feet of Lot 29 including the 150 feet already
zoned as residential. On call Steinman, Svoboda,
Tussing, Campbell and Hudkins voted aye. Motion
carried.
B. A change of zone, text amendment to Article 17.021 of the
County Zoning Resolution, requested by the County Engineer,
to allow highway contractors who have contracts to pave
federal, state and county roads, to located temporary paving
plant operations associated with the contract in all zoning
districts as a conditional use (Change of Zone Number 174)
(Resolution 5535).
The Chair opened the public hearing and asked if anyone
wished to testify in favor of the change of zone.
DeKalb appeared again and gave a brief history regarding
batch plants. He said the language being presented in the
change of zone amends the existing language to allow for
temporary paving plants in any zoning district during project
construction provided five conditions are met.
Hudkins said he would like to have condition three amended to
include livestock facilities.
DeKalb said he would have no objection to adding the
language.
The Chair asked if anyone wished to testify in opposition or
in a neutral position.
No one appeared and the Chair closed the public hearing.
MOTION: Hudkins moved and Tussing seconded to approve Change
of Zone 174, Resolution 5535, with an amendment to
condition three to include livestock facilities. On
call Svoboda, Tussing, Campbell, Hudkins and
Steinman voted aye. Motion carried.
C. A change of zone, from AG Agricultural to AGR Agricultural
Residential, requested by Mark Paschke, on property located
north and east of the corner of Southwest 2nd and Bennet Road
in Lancaster County, Nebraska (Change of Zone Number 175).
The Chair opened the public hearing and asked if anyone
wished to testify in favor of the change of zone.
Rick Meyer, co-owner of the property, appeared and explained
the request for the change of zone was due to problems of
having two owners of one piece of property. He said they
would like to subdivide the property so both owners can
build homes.
The Chair asked if anyone wished to testify in opposition or
in a neutral position.
DeKalb said the only option left would be the five year
option and grandfathering a house.
Campbell said they could purchase more acres and DeKalb
agreed.
Hudkins asked Meyer if they had checked with Planning
regarding regulations when looking at the property.
Meyer said they were confused and thought they could build on
their property because of the 28 homes in Wilderness
Estates.
Steinman said the change of zone they are requesting would
allow eight homes to be built on the property. If the
applicants sold the property the zoning would go along with
the land.
Also discussed was the condition of Southwest Bennet Road.
It was noted there had been no improvements to the road
because it had been grandfathered in.
The Chair asked if anyone else wished to testify.
No one appeared and the public hearing was closed.
MOTION: Tussing moved and Campbell seconded denial of Change
of Zone 175. On call Tussing, Campbell, Hudkins,
Steinman and Svoboda voted aye. Motion carried.
Campbell said the Board should speak with the Health
Department regarding junk cars on Southwest 2nd Street.
It was the consensus of the Board to request Commissioner
Campbell to call Scott Holmes, Health Department and Chuck
Zimmerman, Building and Safety with information regarding
the junk cars.
5) NEW BUSINESS:
A. Refund of a tax payment, for $1,021.35, to Atlantic Mortgage
on property located at 2742 Ryons Street in Lincoln,
Nebraska.
This item was held until later in the agenda.
B. A political subdivision tort claim filed against the
Lancaster County Corrections Department by Anthony J Chambers
for lost property.
MOTION: Hudkins moved and Tussing seconded to accept the
Director's recommendation and
deny the political subdivision tort claim filed by
Anthony J Chambers.
On call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
C. A resolution directing the County Engineer to conduct a study
regarding a petition to vacate a portion of "C" Street, west
of Third Street in Martell, Lancaster County, Nebraska
(Resolution 5537).
MOTION: Campbell moved and Hudkins seconded to approve
Resolution 5537. On call Steinman, Svoboda,
Tussing, Campbell and Hudkins voted aye. Motion
carried.
D. Authorization to install a 55 mile per hour speed limit sign
on West Van Dorn Street west of Southwest 40th Street for
westbound traffic (Resolution 5538).
MOTION: Hudkins moved and Tussing seconded approval of
Resolution 5538. On call Svoboda, Tussing,
Campbell, Hudkins and Steinman voted aye. Motion
carried.
E. Grant contracts with Developmental Services of Nebraska and
Region V Services to provide funding for developmental
disability services, in amounts to be appropriated quarterly,
commencing July 1, 1997 and ending June 30, 1998.
MOTION: Tussing moved and Hudkins seconded approval. On
call Tussing, Campbell, Hudkins, Steinman and
Svoboda 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 quarterly report for the Veterans' Service Center.
B. Setting of public hearings for Tuesday, August 19, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building for the following:
A manager application for Paul J Dietrich in connection with
a liquor license for Hidden Valley Golf Course and Club
located at 10501 Pine Lake Road in Lancaster County,
Nebraska.
A street name change, requested by the Director of Planning,
to rename Deerhaven Road located between South 60th Street
and South 63rd Street as Deerhaven Drive (Street Name Change
Number 97005).
C. Maintenance agreements for the following:
AGENCY VENDOR AMOUNT
Community Mental Health Pitney Bowes $91
Center
County Engineer ABDick $1,032
Records and Information Eastman Kodak Company $2,451
Management
D. A quitclaim deed with John L Reed, in the amount of $1, for
property located at North 112th Street and Havelock Avenue.
E. A contract relating to road improvements with Ronald Deinert
on Arbor Road near North 70th Street. This is at no cost to
the County.
MOTION: Hudkins moved and Campbell seconded approval of the
Consent Items. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye. Motion
carried.
RETURNING TO ITEM 5A:
Terry Adams, Deputy County Treasurer, appeared and explained
that Atlantic Mortgage paid the first half of the 1996 taxes
in error. He said the property was in foreclosure and they
are now asking for a refund.
MOTION: Campbell moved and Tussing seconded approval of the
refund, in the amount of $1,021.35, to Atlantic
Mortgage on property located at 2742 Ryons Street in
Lincoln, Nebraska. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye. Motion
carried.
ADJOURNMENT:
MOTION: Campbell moved and Hudkins seconded to adjourn. On call
Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye.
Motion carried.
Kandra Hahn
Lancaster County Clerk
MINUTES
Lancaster County Board Of Equalization
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, August 5, 1997
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
Absent: Kerry Eagan, Chief Administrative Officer
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Tuesday, July 29, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
MOTION: Tussing moved and Campbell seconded approval of the
minutes of July 29, 1997. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye. Motion
carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 7 additions and deductions to the tax assessment
rolls per Exhibit "A".
MOTION: Campbell moved and Tussing seconded approval. On call
Hudkins, Steinman, Svoboda, Tussing and Campbell voted
aye. Motion carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
Daughters of the Holy Spirit
Lincoln Christian Schools Association, Inc.
Nebraska Annual Conference of The United Methodist Church
MOTION: Tussing moved and Hudkins seconded approval. On call
Steinman, Svoboda, Tussing, Campbell and Hudkins voted
aye. Motion carried.
4) SETTING OF A PUBLIC HEARING:
Setting of public hearings for the following notice of valuation
change on omitted or undervalued property for:
Elizabeth Davies et al
The Titus Corporation
Public hearings were set for Tuesday, August 19, 1997 at 2:30
p.m. for notice of valuation change on omitted or undervalued
property for Elizabeth Davies et al and The Titus Corporation.
Steinman recessed the Board of Equalization until 2:30 p.m.
At 2:30 p.m. the Chair reconvened the Board of Equalization.
5) An appeal filed on personal property by Merry Manor School of
Childhood, Inc.
Norm Agena, County Assessor, said Merry Manor had filed their
personal property on time in 1995, however, in 1996 they were
late and were assessed a ten percent penalty. He said their
filing for 1997 was also late and they are being assessed a 50
percent late filing penalty.
MOTION: Campbell moved and Tussing seconded to accept the
Assessor's recommendation and assess a 50 percent late
filing penalty on personal property for Merry Manor
School of Childhood, Inc. On call Campbell, Hudkins,
Steinman and Svoboda voted aye. Hudkins was absent from
voting. Motion carried.
6) Protest filed by Edward D Beranek for omitted or undervalued for
1994, 1995 and 1996.
Agena explained that in 1994 when Mr. Beranek bought the
property, the exemption was denied to the church. He said they
(the church) has not applied for an exemption in the meantime.
Beranek was sent a notice for undervalued or omitted property for
1994, 1995 and 1996 because the Assessor's Office failed to pick
up the value of all the buildings.
Edward Beranek appeared and said the church indicated to him
that they had filed for and were granted an exemption. He said
he felt he could pursue the church for the fund.
Campbell stated the hearing is for setting the value.
Beranek said he had no problem with the $70,000 value.
MOTION: Campbell moved and Tussing seconded to accept the
Assessor's recommendation and deny the protest. On call
Steinman, Svoboda, Tussing and Campbell voted
aye. Hudkins was absent from voting. Motion carried.
7) A protest filed by Larry Geiger of Geico Development, Inc. for
payment of personal property tax.
Agena said they had received a Nebraska Sales Tax Exemption
Certificate from the State for a tractor and a front-end loader
and that his office has no personal property schedule from
Geiger. A failure to file form was completed and mailed to him
and the State was sent a letter, from the Assessor's Office,
indicating they didn't think Geiger was a farmer, however, the
State disagreed. Agena said he must still pay personal property
tax, but he is exempted from paying sales tax. He said Geiger is
protesting paying personal property tax.
MOTION: Campbell moved and Tussing seconded to defer the protest
filed by Larry Geiger of Geico Development, Inc. to
Tuesday, August 12, 1997 at 2:30 p.m. On call Steinman,
Svoboda, Tussing and Campbell voted aye. Hudkins was
absent from voting. Motion carried.
ADJOURNMENT:
At the direction of the Chair the meeting was adjourned.
Kandra Hahn
Lancaster County Clerk