Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
AGENDA For A Meeting Of The Lancaster County Board Of Commissioners To Be Held Tuesday, September 9, 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 Commissioners meeting held on Tuesday, September 2, 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 9, 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. Appointment of Laura Gilloon as Activity Director of Lancaster Manor. B. An exceptional circumstance award for Bonnie Frazier, an employee at Lancaster Manor, in the amount of $50. 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 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)(Resolution 5550). B. 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 (Resolution 5551). C. Appointment of James L. Linderholm to the Board of Trustees of Hospital Authority Number One of Lancaster County, Nebraska (Resolution 5552). D. County Change of Zone 165, from AG Agricultural to AGR Agricultural Residential, requested by Harry Muhlbach, on property located west of North 56th Street (Highway 77) between Mill Road and Raymond Road in Lancaster County, Nebraska (Resolution 5553). 5) OLD BUSINESS: Consideration of approval of the Agricultural Society Budget for 1997-1998. 6) NEW BUSINESS: A. An application for a Special Events Permit from Team Kaos Cycling to hold a bicycle race sanctioned by the United States Cycling Federation on roads around Branched Oak Lake on Sunday, September 21, 1997, beginning at 9 a.m. B. Request from Connie May for a refund of a motor vehicle license fee, in the amount of $10.65 for 1995 and $12.94 for 1996 due to a clerical error. C. 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. D. A resolution amending the fee schedule relating to restricted and resale use of digital graphic files for the City/County Geographic Information System data files (Resolution 5554). E. A resolution approving an interlocal agreement with the City of Lincoln to provide maintenance services to the City buildings through the County Building and Grounds Department (Resolution 5555). F. An agreement with Legal Services of Southeast Nebraska, Inc. to provide legal representation to indigent juveniles charged with law violations, in the amount of $7,400, beginning August 1, 1997 through July 31, 1998. G. An agreement with Legal Services of Southeast Nebraska, Inc. to provide legal representation to indigent individuals in Juvenile Court proceedings, in the amount of $120,000, beginning July 1, 1997 and ending June 30, 1999. H. A contract with Nebraska Hydro-Seeding Company for seeding at the following locations for the County Engineering Department, in the amount of $23,220: Yankee Hill Road from South 56th Street east 2 miles to South 84th Street Pleasant Hill Road from Southwest 33rd Street east 1.5 miles to Southwest 12th Street West Davey Road from Northwest 33rd Street east 0.3 miles to Northwest 29th Street Adams Street from North 84th Street east 1.1 miles to North 102nd Street North 14th Street from Agnew Road north 2 miles to Ashland Road Coddington Avenue and West Van Dorn Street intersection I. A supplemental agreement with the State of Nebraska, Department of Roads to provide an individual to supervise and inspect construction at the intersection of North 141st Street and Mill Road; Project BRS-3365(4), Waverly North. J. An addendum to a contract with the American Federation of State, County and Municipal Employees, Local 2468 amending the Sick Leave program as a test at Lancaster Manor. 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. Monthly report of the County Clerk. B. Receive and place on file inventory of Lancaster County Real Estate. C. Setting of a public hearing for Tuesday, September 23, 1997 at 1:30 p.m. in the Commissioners Hearing Room located on the first floor of the County-City Building for a Special Permit, requested by Craig Vogt, for authority to construct and operate a cellular tower with antennae, not to exceed 200 feet in height, with ten foot by 20 foot equipment building, on property located at the northwest corner of Northwest 98th Street and West Mill Road (County Special Permit 150). 8) ANNOUNCEMENTS: A. The Lancaster County Board of Commissioners will hold a meeting on Thursday, September 11, 1997 at 8:30 a.m. in the Fourth Floor Conference Room in the County-City Building. B. 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. Lancaster County's General Assistance Burial Plan Section. (Scheduled for further consideration on September 23, 1997.) C. 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. (Scheduled for further discussion on Tuesday, October 7, 1997 at 1:30 p.m.) 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.
AGENDA For A Meeting Of The Lancaster County Board Of Equalization To Be Held Tuesday, September 9, 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, September 2, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 15 additions and deductions to the tax assessment rolls per Exhibit "A". 3) MOTOR VEHICLE TAX EXEMPTIONS: Tabitha Inc. 4) Setting of a public hearing for notice of valuation change for omitted or undervalued property for Bruce Ollinger. 5) Appeal of a homestead exemption filed by Bryce W. Walin. 6) Appeal of a penalty on personal property by Snyder Industries, Inc. 7) Removal of an exemption from real estate for 1997 for Congregational United Church of Christ. (Previously heard on August 12, 1997.)
MINUTES
Lancaster County Board Of Commissioners
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, September 9, 1998
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, September 2, 1997.
(Copies of these minutes are on file in the Office of
the Lancaster County Clerk.)
MOTION: Hudkins moved and Svoboda seconded approval. On call
Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye.
Motion carried.
2) CLAIMS: Approval of all claims processed through Tuesday,
September 9, 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:
A. Appointment of Laura Gilloon as Activity Director of
Lancaster Manor.
Larry Van Hunnik, Administrator of Lancaster Manor, appeared
and introduced Laura Gilloon, Activity Director.
No action taken.
B. An exceptional circumstance award for Bonnie Frazier, an
employee at Lancaster Manor, in the amount of $50.
MOTION: Campbell moved and Tussing seconded approval. On
call Svoboda, Tussing, Campbell, Hudkins and
Steinman voted aye. Motion carried.
4) PUBLIC HEARINGS:
A. 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)(Resolution 5550).
The Chair opened the public hearing and asked if anyone wished to
testify in favor of the street name change.
Steve Mann, 1411 D Street, appeared and said he is in favor of the
name change.
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 approval of
Resolution 5550. On call Tussing, Campbell,
Hudkins, Steinman and Svoboda voted aye. Motion carried.
B. 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
(Resolution 5551).
The Chair opened the public hearing and asked if anyone wished to
testify in favor, opposition or in a neutral position regarding the
zoning appeal.
Campbell requested a letter from Alvin Vandergriend be made a
part of the record (Exhibit "A").
Mike DeKalb, Planning Department, appeared in a neutral
position and gave a brief overview. He reported the property
is an abandoned farmstead. The owner wants the property
validated, as far as waiver lot areas, so the property will
be saleable and buildable. He explained that at the time of
purchase in 1971 no subdivision was required because of the
lot size. He said it has not met any grandfathering
provisions which have arisen.
The Chair closed the public hearing.
MOTION: Tussing moved and Campbell seconded approval Resolution
5551. On call Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
C. Appointment of James L. Linderholm to the Board of Trustees
of Hospital Authority Number One of Lancaster County,
Nebraska (Resolution 5552).
The Chair opened the public hearing and asked if anyone
wished to speak in favor, opposition or in a neutral
position.
Lauren Wismer, attorney representing the Hospital Authority,
appeared in a neutral position and explained Ferd Anderson's
term expires in 1997. He said Mr. Linderholm was contacted
regarding the appointment and is agreeable to serving on the
Hospital Authority.
The Chair asked if anyone else wished to speak.
No one appeared and the public hearing was closed.
MOTION: Tussing moved and Campbell seconded approval of the
appointment. On call Hudkins, Steinman, Svoboda,
Tussing and Campbell voted aye. Motion carried.
D. County Change of Zone 165, from AG Agricultural to AGR
Agricultural Residential, requested by Harry Muhlbach, on
property located west of North 56th Street (Highway 77)
between Mill Road and Raymond Road in Lancaster County,
Nebraska (Resolution 5553).
The Chair explained they would proceed with the hearing,
however, the attorney representing Muhlbach has requested a 30
day continuance.
The Chair opened the public hearing and asked if anyone wished
to testify in favor, opposition or in a neutral position for
the zoning change.
No one appeared and the Chair recessed the public hearing
until Tuesday, October 7, 1997 at 1:30 p.m.
5) OLD BUSINESS:
Consideration of approval of the Agricultural Society Budget
for 1997-1998.
Diane Staab, Deputy County Attorney, said she had received a
telephone call from William Blake, attorney representing Evelyn
Weese and Frances Lageschulte, who indicated that they were
exploring the possibility of bringing a lawsuit against the
County on behalf of taxpayers if the County approves the levy for
the capital construction. She stated she thinks their issue is
that the Agricultural Society has not yet acquired land and they
feel the County Board should not levy the amount of money to
construct the facility. In a previous legal opinion from the
County Attorney's office, Staab said, it explained that the
capital construction money cannot be used to acquire land.
Lisa Piscitelli, attorney with Pierson, Fitchett, Hunzeker, Blake
and Loftis law firm, appeared and stated she thought Blake was trying
to convey that the Statute authorizing the County Board to approve a
levy is very specific in what the money can be used for. Piscitelli
said there are no County fairgrounds and if there are County
Fairgrounds they are located at the State Fairgrounds. She said they
are questioning whether the County Board can approve a levy for
property that hasn't yet been designated as the fairgrounds.
Alan Wood, attorney representing the Agricultural Society,
appeared and explained that the Agricultural Society would only
expend the capital construction money when they have fairgrounds
established. He urged the County Board to proceed with the
approval of the budget.
Campbell requested that the County Board have an executive
session on Thursday, September 11th for potential litigation,
to request that the County Attorney's office advise the County Board of
any possible issues and to invite Alan Wood to attend the meeting to
be held on Thursday.
Piscitelli added a lawsuit has been filed against the Nebraska
Historical Society Foundation on behalf of Evelyn Weese.
It was the consensus of the Board to defer action until Tuesday,
September 16, 1997 at 1:30 p.m.
6) NEW BUSINESS:
A. An application for a Special Events Permit from Team Kaos
Cycling to hold a bicycle race sanctioned by the United States
Cycling Federation on roads around Branched Oak Lake on Sunday,
September 21, 1997, beginning at 9 a.m.
John Peterson, applicant, appeared for any questions.
MOTION: Campbell moved and Tussing seconded approval subject
to the conditions as outlined by the Sheriff and the
County Engineer. On call Tussing, Campbell,
Hudkins, Steinman and Svoboda voted aye. Motion
carried.
B. Request from Connie May for a refund of a motor vehicle
license fee, in the amount of $10.65 for 1995 and $12.94 for
1996 due to a clerical error.
Staab recommended approval.
MOTION: Hudkins moved and Tussing seconded approval. On
call Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
C. 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.
MOTION: Campbell moved and Hudkins seconded to accept the
recommendation of the review committee and the
Purchasing Agent to award the proposal to Chinn
Planning with Sinclair Hille with the fee to be
negotiated by the County Attorney's office and the
Purchasing Department and to break the proposal into
phases, with each phase being authorized by the
County Board prior to proceeding to the next phase.
On call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
D. A resolution amending the fee schedule relating to restricted
and resale use of digital graphic files for the City/County
Geographic Information System data files (Resolution 5554).
MOTION: Campbell moved and Tussing seconded approval of
Resolution 5554. On call Steinman, Svoboda, Tussing,
Campbell and Hudkins voted aye. Motion carried.
E. A resolution approving an interlocal agreement with the City
of Lincoln to provide maintenance services to the City
buildings through the County Building and Grounds Department
(Resolution 5555).
MOTION: Tussing moved and Hudkins seconded approval of
Resolution 5555. On call Svoboda, Tussing,
Campbell, Hudkins and Steinman voted aye. Motion
carried.
F. An agreement with Legal Services of Southeast Nebraska, Inc.
to provide legal representation to indigent juveniles charged
with law violations, in the amount of $7,400, beginning
August 1, 1997 through July 31, 1998.
MOTION: Campbell moved and Svoboda seconded approval. On
call Tussing, Campbell, Hudkins, Steinman and
Svoboda voted aye. Motion carried.
G. An agreement with Legal Services of Southeast Nebraska, Inc.
to provide legal representation to indigent individuals in
Juvenile Court proceedings, in the amount of $120,000,
beginning July 1, 1997 and ending June 30, 1999.
MOTION: Tussing moved and Svoboda seconded approval. On
call Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
H. A contract with Nebraska Hydro-Seeding Company for seeding at
the following locations for the County Engineering
Department, in the amount of $23,220:
Yankee Hill Road from South 56th Street east 2 miles
to South 84th Street
Pleasant Hill Road from Southwest 33rd Street east
1.5 miles to Southwest 12th Street
West Davey Road from Northwest 33rd Street east 0.3
miles to Northwest 29th Street
Adams Street from North 84th Street east 1.1 miles to
North 102nd Street
North 14th Street from Agnew Road north 2 miles to
Ashland Road
Coddington Avenue and West Van Dorn Street intersection
MOTION: Campbell moved and Svoboda seconded approval. On
call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
I. A supplemental agreement with the State of Nebraska,
Department of Roads to provide an individual to supervise and
inspect construction at the intersection of North 141st
Street and Mill Road; Project BRS-3365(4), Waverly North.
MOTION: Svoboda moved and Tussing seconded approval. On
call Steinman, Svoboda, Tussing, Campbell and
Hudkins voted aye. Motion carried.
J. An addendum to a contract with the American Federation of
State, County and Municipal Employees, Local 2468 amending
the Sick Leave program as a test at Lancaster Manor.
MOTION: Tussing moved and Campbell seconded approval. On
call Svoboda, Tussing, Campbell, Hudkins and
Steinman voted aye. Motion carried.
K. Request from Information Services for server upgrades for the
Geographic Information System, in the total amount of
$13,978. $5,578 will be the County's costs and $8,400 will
be the City's cost.
MOTION: Hudkins moved and Campbell 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. Monthly report of the County Clerk.
B. Receive and place on file inventory of Lancaster County Real
Estate.
C. Setting of a public hearing for Tuesday, September 23, 1997
at 1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building for a Special Permit,
requested by Craig Vogt, for authority to construct and
operate a cellular tower with antennae, not to exceed 200
feet in height, with ten foot by 20 foot equipment building, on
property located at the northwest corner of Northwest 98th Street
and West Mill Road (County Special Permit 150).
MOTION: Campbell moved and Svoboda seconded approval of the
Consent Items. On call Campbell, Hudkins, Steinman,
Svoboda and Tussing voted aye. Motion carried.
9) OTHER BUSINESS:
Campbell requested Pending Item 10B, Lancaster County's General
Assistance Burial Plan Section, be rescheduled for further
discussion on Tuesday, October 7, 1997 at 1:30 p.m. instead of
September 23rd.
Campbell also said she drove the Olive Creek, Pella and Princeton
Roads and the railroad overpasses are not close to being
completed.
ADJOURNMENT:
MOTION: Campbell moved and Tussing 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, September 9, 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, September 2, 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 15 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:
Tabitha Inc.
MOTION: Tussing moved and Hudkins seconded approval of a motor
vehicle tax exemption for Tabitha Inc. subject to the
vehicle being titled and registered to the applicant.
On call Steinman, Svoboda, Tussing, Campbell and Hudkins
voted aye. Motion carried.
4) Setting of a public hearing for notice of valuation change for
omitted or undervalued property for Bruce Ollinger.
A public hearing was set for Tuesday, September 23, 1997 at 2:30 p.m.
The chair recessed the Board of Equalization and reconvened the
meeting at 2:30 p.m.
5) Appeal of a homestead exemption filed by Bryce W. Walin.
The Assessor recommended denial because the physician's statement
indicates the progressive disease is not a result of
neuromuscular or neurological disease.
Steinman suggested discussing homestead exemptions with the
Senators.
MOTION: Campbell moved and Hudkins seconded to accept the
Assessor's recommendation and deny the appeal of a
homestead exemption filed by Bryce W. Walin. On call
Campbell, Hudkins, Steinman, Svoboda and Tussing voted
aye. Motion carried.
6) Appeal of a penalty on personal property by Snyder Industries,
Inc.
The Assessor recommended assessing a ten percent penalty.
MOTION: Tussing moved and Svoboda seconded to accept the
Assessor's recommendation and assess a ten percent
penalty on personal property for Snyder Industries, Inc.
On call Hudkins, Steinman, Svoboda, Tussing and Campbell
voted aye. Motion carried.
7) Removal of an exemption from real estate for 1997 for
Congregational United Church of Christ. (Previously heard on
August 12, 1997.)
The Assessor reported the County Attorney's opinion indicated
that Congregational United Church of Christ should provide the
Lancaster County Board with a statement regarding the use of the
house. He noted that a letter was received from the church
indicating the house is being used for the pastor's study,
clerical office for church communications and copying purposes,
church storage and church meetings.
Campbell requested the letter from the church be entered into the
record (Exhibit "B").
The Assessor recommended approval.
MOTION: Campbell moved and Hudkins seconded to accept the
Assessor's recommendation to approve the exemption. On
call Steinman, Svoboda, Tussing, Campbell and Hudkins
voted aye. Motion carried.
ADJOURNMENT:
MOTION: Tussing moved and Hudkins seconded to adjourn. On
call Svoboda, Tussing, Campbell, Hudkins and Steinman
voted aye. Motion carried.
Kandra Hahn
Lancaster County Clerk