Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
AGENDA
LANCASTER COUNTY BOARD OF EQUALIZATION
TUESDAY, SEPTEMBER 2, 1997
COUNTY COMMISSIONERS CHAMBERS
FIRST FLOOR, COUNTY-CITY BUILDING
1:30 P.M.
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Tuesday, August 26, 1997. (A copy of these minutes
is on file in the Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 20 additions and deductions to the tax assessment rolls
per Exhibit "A".
3) MOTOR VEHICLE TAX EXEMPTIONS:
North American Martyrs School
AGENDA
LANCASTER COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 2, 1997
COUNTY COMMISSIONERS CHAMBERS
FIRST FLOOR, COUNTY-CITY BUILDING
1:30 P.M.
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, August 26, 1997. (Copies of these minutes
are on file in the Office of the Lancaster County Clerk.)
2) CLAIMS: Approval of all claims processed through Tuesday,
September 2, 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.
A. Acceptance of the Sustainability Report from the Lincoln-
Lancaster County Ecological Committee.
B. Recognition of Pete Jensen for his services with the Lincoln-
Lancaster County Ecological Committee (Resolution 5543).
C. Recognition of Steve Gaul for his services with the Lincoln-
Lancaster County Ecological Committee (Resolution 5544).
4) PUBLIC HEARINGS:
Consideration of approval of the Agricultural Society Budget for
1997-1998.
5) OLD BUSINESS:
A. Change of Zone 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.
B. A resolution approving County Special Permit 148 for Branched
Oak Lakeside Acres on property located west of Branched Oak Lake
on Northwest 140th Street and West Rock Creek Road in
Lancaster County, Nebraska (Resolution 5548).
C. A resolution approving Preliminary Plat 97008 for Branched Oak
Lakeside Acres on property located west of Branched Oak Lake on
Northwest 140th Street and West Rock Creek Road in Lancaster
County, Nebraska (Resolution 5549).
6) NEW BUSINESS:
A. Appointment of Greg M. Aschoff to the Government Access
Information Committee, term to expire January 1, 1999.
B. Recommendation from a review committee and the Purchasing Agent
to approve an award recommendation for a request for proposal to
provide a "Three Phase Comprehensive Study for the Juvenile
Justice System" to Chinn Planning with Sinclair Hille, in the
amount of $148,570.
C. An agreement with Dennis Paper Sales for document destruction
and recycling services for Records and Information Management,
commencing September 1, 1997 and ending August 31, 1999, at rates
as specified in the agreement.
D. An agreement with the University of Nebraska Medical Center,
College of Nursing for Lancaster Manor to provide a practice
field for teaching clinical nursing and administration of
nursing, at no cost to the County.
E. An agreement with the Lincoln League of Women Voters to conduct
election activities, commencing September 1, 1997 to August 31,
1998, at an hourly rate of $3.25 not to exceed $800.
F. An application for membership and a service contract with the
Credit Bureau of Lincoln, Nebraska Inc. for the use of credit
information for child support enforcement in the County
Attorney's Office at a monthly rate of $10.
G. An agreement with the U.S. Department of Justice, United States
Marshals Service increasing the Corrections Department per diem
jail rate from $61.23 to $64.96, beginning August 1, 1997.
H. An agreement with Lincoln General Hospital to provide medical
services for the Attention Center for Youth, commencing
September 1, 1997 and ending June 30, 1998.
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. Request from Ryan J. Witzel, an employee of the Corrections
Department, to voluntarily participate in the Lancaster County
Retirement Plan, having met the requirements.
B. Contracts relating to road improvements with the following:
Landowner Location Amount
Scott A. Fernyhough In Agnew, Nebraska $610
(2 contracts)
Lawrence H. and In Agnew, Nebraska $5,321
(3 contracts)
8) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will hold a meeting
on Thursday, September 4, 1997 at 8:30 a.m. in the Fourth Floor
Conference Room in the County-City Building.
B. A public hearing will be held on Tuesday, September 9, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the first
floor of the County-City Building for a street name change,
requested by James J. Powers, Commander of Chapter 200 of the
Military Order of the Purple Heart of the United States of
America, to name the segment of U.S. Highway 34 northwest of
Lincoln between the Nebraska State Highway 79 intersection
southeast to Interstate 80 as "Purple Heart Highway" (Street
Name Change 97003).
C. A public hearing will be held on Tuesday, September 9, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the first
floor of the County-City Building for Board of Zoning Appeal 104,
requested by Jeanell G. Nelson, for a variance of the lot area
from 20 acres to 5.85 acres and a variance of frontage and
minimum lot width from 550 feet to 460 feet, on property located
west of South 54th Street and north of Pella Road in Lancaster
County, Nebraska.
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.
9) EMERGENCY ITEMS AND OTHER BUSINESS:
10) 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. 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.)
C. Lancaster County's General Assistance Burial Plan Section.
(Scheduled for further consideration on September 23, 1997.)
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: 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.
MINUTES
LANCASTER COUNTY BOARD OF EQUALIZATION
COMMISSIONERS HEARING ROOM
FIRST FLOOR, COUNTY-CITY BUILDING
TUESDAY, SEPTEMBER 2, 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
Doug Cyr, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Tuesday, August 26, 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 and Svoboda voted aye. Tussing abstained.
Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 20 additions and deductions to the tax assessment rolls
per Exhibit "A".
MOTION: Tussing moved and Svoboda seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
North American Martyrs School
MOTION: Tussing moved and Hudkins seconded approval of the motor vehicle
tax exemption. On call Steinman, Svoboda, Tussing, Campbell and
Hudkins voted aye. Motion carried.
4) ADJOURNMENT:
At the direction of the Chair the Board of Equalization was adjourned.
MINUTES
LANCASTER COUNTY BOARD OF COMMISSIONERS
COMMISSIONERS HEARING ROOM
FIRST FLOOR, COUNTY-CITY BUILDING
TUESDAY, SEPTEMBER 2, 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
Doug Cyr, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, August 26, 1997. (Copies of these minutes
are on file in the Office of the Lancaster County Clerk.)
MOTION: Campbell moved and Svoboda seconded approval. On call
Campbell, Hudkins, Steinman and Svoboda voted aye. Tussing
abstained. Motion carried.
2) CLAIMS: Approval of all claims processed through Tuesday, September 2,
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 Campbell seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.
3) ITEMS OF PUBLIC PARTICIPATION:
A. Acceptance of the Sustainability Report from the Lincoln-
Lancaster County Ecological Committee.
B. Recognition of Pete Jensen for his services with the Lincoln-
Lancaster County Ecological Committee (Resolution 5543).
DeKalb said Pete Jensen had a conflict and would be unable to attend the
meeting.
Steinman said they would wait and present the resolution at another time.
C. Recognition of Steve Gaul for his services with the Lincoln-
Lancaster County Ecological Committee (Resolution 5544).
Mike DeKalb, Planning Department, said the report covered topics from
groundwater to air resources, to vegetation and wildlife, soil sources
and resources. Upon acceptance and approval by the County Board, the
Planning Department would publish, print and make the report available
to the public free of charge.
Campbell said organizations who work with the development of the
community would benefit from the report and requested that an education
plan be developed and brought back to the County Board.
The Chair read Resolution 5544 into the record.
MOTION: Tussing moved and Campbell seconded acceptance of the
Sustainability Report (Item 3A) and Resolution Number 5544 (Item
3C) recognizing Steve Gaul for his services with the Lincoln-
Lancaster County Ecological Committee. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion
carried.
4) PUBLIC HEARINGS:
Consideration of approval of the Agricultural Society Budget for
1997-1998.
Charles Willnerd, Director of the Lancaster County Agricultural Society
and the Chair of the Building Committee for the Events Center, appeared
and explained a problem had surfaced regarding the modification of the
original agreement between the Historical Foundation and Evelyn Weese.
He said they don't fully know the concerns of Mrs. Weese, however,
meetings have been held with immediate neighbors, which Mrs. Weese was
invited to attend. Willnerd said the Agricultural Society feels the
site at 112th and Adams is the best site and that they need to proceed
with the project. He further stated that the Agricultural Society is
prepared to exercise its right of eminent domain if the Historical
Foundation is unable to modify the agreement with Mrs. Weese. If
eminent domain proceedings take place, the Agricultural Society would
need to purchase that part of the property from the Historical Foundation.
Willnerd explained to accomplish the purchase they would need to obtain
necessary funds rom contributions to their own tax deductible charitable
foundation and borrow funds. They also have available cash from general
operating funds.
Willnerd submitted a copy of a resolution designating joint use of the
State Fair Grounds and the property located at 112th and Adams (Exhibit
"A") and a copy of the approval of the 509-A1 designation from the
Internal Revenue Service to accept charitable contributions (Exhibit "B").
The main reason for the hearing, Willnerd stated, was for the approval
of the Agricultural Society's budget for next year. He explained an
extension of the 3.5 cent levy for capital construction, along with the
annual operating levy, is being requested.
Campbell requested that two letters of opinion from the County Attorney,
dated October 15, 1996 and August 29, 1997 and one letter of opinion
from Alan Wood, dated August 25, 1997 be made a part of the record
(Exhibit "C").
She said the County Attorney's Office is still of the opinion that the
money can't be used for the purchase of property.
In response to a question from Campbell, Willnerd said the Agricultural
Society has some cash which could be used immediately if they were to
purchase the land from the Historical Society. Some groundwork has also
been done for initiating contributions. He said he felt they would have
to rely on bank financing initially.
Jim Hewitt, Executive Vice President of the Nebraska State Historical
Society Foundation, appeared and said he was also representing the
Foundation as their attorney. He said, in his opinion, there is no way
that the Foundation would be able to work out any type of a modification
on the two agreements. Hewitt explained that the Historical Foundation
was created to attempt to try raise money for the Historical Society.
The Historical Foundation took the property from Mrs. Weese and Miss
Lageschulte under two agreements. One agreement is for 152 acres
with another agreement for five acres and includes the house and
outbuildings. Hewitt explained the agreements provided that the
Historical Society operate the property as a living history farm,
however, the Historical Society and the Historical Foundation do
not have the funds to develop and operate a living history farm. He
said the Agricultural Society approached the Historical Foundation
regarding the construction of an events center and they (Historical
Foundation) feel is it a good plan. Hewitt said there would be plenty
of room on the property to have plots planted and areas for the exhibit
of historical material. The Historical Foundation has no objection to
being condemned.
The Chair asked if anyone else wished to speak in favor.
Debbie Brehm, 10400 Yankee Hill Road, appeared and said she is an avid
horse person and supports the events center. She also said she was
appearing to speak as a past president of the Lincoln Independent
Business Association (LIBA). The LIBA Board of Directors have met and
voiced their approval for an additional one year funding of the taxes
necessary to support the proposed events center. Brehm distributed
documentation regarding the economic impact of a horse show on the
community (Exhibit "D"). She explained there are two areas of concern
to LIBA -- the peripheral planning for the entire area and becoming
self-supporting.
Kent Poncelow, 5504 Kansas Avenue, Omaha, Nebraska, appeared to endorse
the events center. He said he felt that input and involvement of the
public, along with flexibility of the project, are necessary for the
success of the program. Poncelow said the events center will benefit
urban and rural youth and elderly, families and businesses.
The Chair asked if anyone wished to speak in opposition.
Lisa Piscitelli, attorney representing Evelyn Weese and Frances
Lageschulte, appeared in opposition and submitted copies of the
agreements which were entered into between Mrs. Weese and the Nebraska
State Historical Foundation (Exhibit "E"). She explained Mrs. Weese
entered into the agreements with the understanding that she would be
part gifting and part selling the property to the Historical Foundation
and in exchange they would agree to use the property in perpetuity for
a living history farm. The agreement provides that if the property is
not used for a living history farm it will be used for some other
historical and conservation purpose which adhere to the spirt of the
original purposes of a memorial farm. Piscitelli said it is their
opinion that the intended use of the property for the events center
violates the terms of the agreement. She further stated that the
Statute which provides the Agricultural Society to condemn does state
that "the owner of the property must consent or not more than 40 acres
shall be taken". The Historical Foundation has expressed to the County
Board its consent to condemnation, however, "owner" has not been defined
in the Statute. She said they felt "owner" would encompass anyone who
has a legal or equitable interest in the property. It is felt that
Mrs. Weese has an equitable interest in the property according to the
agreements and that the Historical Foundation's ownership of the
property is restricted by the agreements. Therefore, Mrs. Weese's
consent would also be required before the property could be condemned.
Campbell asked if the agreements went with the title of the property
in 1984.
Piscitelli explained agreements were signed and deeds were recorded
conveying the property to the Historical Foundation. An affidavit was
recorded to provide record notice of Mrs. Weese's agreement with the
Historical Foundation and the fact that the use of property was
restricted.
Campbell asked if the agreements were with the title.
Piscitelli said the agreements were not recorded with the title.
In response to a question from Campbell, Piscitelli said the affidavit
was filed on August 5, 1997.
Hudkins asked if the agreements were notarized.
Piscitelli replied that the agreement for 155 acres is signed and
notarized, however, the signed copy of the five acre agreement cannot
be located.
Steinman asked what the Historical Foundation would do with the property
if the Agricultural Society does not proceed with the project.
Hewitt said Mrs. Weese and Miss Lageschulte would be willing to purchase
the property back from the Historical Society for $174,000.
The Chair asked if anyone wished to speak on a neutral basis.
Don Thomas, County Engineer, appeared and said he was concerned about
the impact of the project. He said his office has no traffic
projections, traffic patterns or movements and asked that a letter
addressing those concerns be made a part of the record (Exhibit "F").
Campbell requested that Bruce Bailey of Design Associates meet with Don
Thomas regarding the design plans for the events center.
In response to a question from Campbell regarding the Agricultural
Society's need for a cash reserve on the Construction Fund, Anthony
Storer, Certified Public Accountant with Gruntorad and Company, said it
was for left over costs which might be incurred with the construction of
the project.
Also made a part of the record was a copy of Agricultural Society's
Budget (Exhibit "G").
The Chair closed the public hearing.
It was the consensus of the County Board to delay action in order to
study the issues until Tuesday, September 9, 1997.
5) OLD BUSINESS:
A. Change of Zone 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.
Mike Rierden, attorney representing LeRoy F. Busboom, appeared and
requested a continuance of 30 days for the change of zone.
It was the consensus of the Board to defer Change of Zone 139 to
Tuesday, October 7, 1997 at 1:30 p.m.
B. A resolution approving County Special Permit 148 for Branched
Oak Lakeside Acres on property located west of Branched Oak
Lake on Northwest 140th Street and West Rock Creek Road in
Lancaster County, Nebraska (Resolution 5548).
C. A resolution approving Preliminary Plat 97008 for Branched
Oak Lakeside Acres on property located west of Branched Oak
Lake on Northwest 140th Street and West Rock Creek Road in
Lancaster County, Nebraska (Resolution 5549).
Mike DeKalb, Planning Department, appeared and explained Resolution
5548 had previously been approved, however, the resolution regarding
the preliminary plat does not include the language granting a waiver
of block length.
Doug Cyr, Deputy County Attorney, appeared and said the Board could
approve the resolution for the preliminary plat subject to adding
language regarding the waiver of block length.
MOTION: Campbell moved and Hudkins seconded approval of Resolution 5549
(Preliminary Plat 97008) subject to adding language regarding
the waiver of block length. On call Hudkins, Steinman, Tussing
and Campbell voted aye. Svoboda voted no. Motion carried.
6) NEW BUSINESS:
A. Appointment of Greg M. Aschoff to the Government Access Infor-
mation Committee, term to expire January 1, 1999.
MOTION: Tussing moved and Campbell seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
B. Recommendation from a review committee and the Purchasing Agent
to approve an award recommendation for a request for proposal to
provide a "Three Phase Comprehensive Study for the Juvenile
Justice System" to Chinn Planning with Sinclair Hille, in the
amount of $148,570.
The Chair said the item should be rescheduled for Tuesday, September 9,
1997 at 1:30 p.m.
C. An agreement with Dennis Paper Sales for document destruction
and recycling services for Records and Information Management,
commencing September 1, 1997 and ending August 31, 1999, at
rates as specified in the agreement.
MOTION: Tussing moved and Campbell seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.
D. An agreement with the University of Nebraska Medical Center,
College of Nursing for Lancaster Manor to provide a practice
field for teaching clinical nursing and administration of
nursing, at no cost to the County.
MOTION: Tussing moved and Campbell seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
E. An agreement with the Lincoln League of Women Voters to conduct
election activities, commencing September 1, 1997 to August 31,
1998, at an hourly rate of $3.25 not to exceed $800.
MOTION: Campbell moved and Tussing seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.
F. An application for membership and a service contract with the
Credit Bureau of Lincoln, Nebraska Inc. for the use of credit
information for child support enforcement in the County
Attorney's Office at a monthly rate of $10.
MOTION: Tussing moved and Campbell seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
G. An agreement with the U.S. Department of Justice, United States
Marshals Service increasing the Corrections Department per diem
jail rate from $61.23 to $64.96, beginning August 1, 1997.
MOTION: Tussing moved and Campbell seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried.
H. An agreement with Lincoln General Hospital to provide medical
services for the Attention Center for Youth, commencing September
1, 1997 and ending June 30, 1998.
MOTION: Hudkins moved and Tussing seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda 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. Request from Ryan J. Witzel, an employee of the Corrections
Department, to voluntarily participate in the Lancaster
County Retirement Plan, having met the requirements.
B. Contracts relating to road improvements with the following:
Landowner Location Amount
Scott A. Fernyhough In Agnew, Nebraska $610
(2 contracts)
Lawrence H. and In Agnew, Nebraska $5,321
(3 contracts)
MOTION: Campbell moved and Tussing seconded approval of the Consent
Items. On call Campbell, Hudkins, Steinman, Svoboda and Tussing
voted aye. Motion carried.
8) ADJOURNMENT:
MOTION: Tussing moved and Hudkins seconded to adjourn. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.