Lancaster County
Board of Commissioners
Board of Commissioners
AGENDA LANCASTER COUNTY BOARD OF EQUALIZATION TUESDAY, SEPTEMBER 23, 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, September 16, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 12 additions and deductions to the tax assessment rolls per Exhibit "A". 3) MOTOR VEHICLE TAX EXEMPTIONS: Christ's Place 4) APPEAL OF A HOMESTEAD EXEMPTION FILED BY GEORGE N CHISHOLM: 5) APPROVAL OF THE FOLLOWING TAX EXEMPTIONS FROM REAL ESTATE FOR 1997: Developmental Services of Nebraska, Inc. Lincoln Lancaster County Habitat for Humanity, Inc. (2 exemptions) 6) APPROVAL OF A PARTIAL TAX EXEMPTION FROM REAL ESTATE FOR 1997 FOR: Lincoln Lancaster County Habitat for Humanity 7) DENIAL OF THE FOLLOWING APPLICATIONS FOR A TAX EXEMPTION FROM REAL ESTATE: Christ's Place Mid-America Union Conference of Seventh Day Adventist Three Angels Broadcasting Network, Inc. 8) APPEAL OF A PENALTY ON PERSONAL PROPERTY FOR 1996 AND 1997 FOR THREE ANGELS BROADCASTING NETWORK, INC 9) ADJOURNMENT: AGENDA LANCASTER COUNTY BOARD OF COMMISSIONERS TUESDAY, SEPTEMBER 23, 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, September 16, 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 23, 1997. 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 demands. A. An exceptional circumstance award for JoAnn Boettcher, an employee of the Sheriff's Office, in the amount of $100. B. Exceptional circumstance awards for Nancy Noren, in the amount of $227.44 and Cathy Sullivan, in the amount of $209, employees of the Election Commission Office. 4) PUBLIC HEARINGS: A. Setting of the tax levy different than the preliminary levy (Resolution 5561). B. 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 a ten-foot by 20-foot equipment building, on property located at the northwest corner of Northwest 98th Street and West Mill Road (Special Permit 150) (Resolution 5562). 5) OLD BUSINESS: A. An application for a Special Designated License from the Nebraska State Board of Agriculture to set up a beer garden near the Bob Devaney Sports Center for Wednesday, September 24, 1997 through Sunday, September 28, 1997. Hours will be 5 p.m. to 1 a.m. Wednesday through Friday, Noon to 1 a.m. on Saturday and 5 p.m. to Midnight on Sunday. 6) NEW BUSINESS: A. A political subdivision tort claim filed against the Lancaster County Corrections Department by Victor Flores for lost property, in the amount of $60. B. A resolution amending "Lancaster County's One-and Six-Year Road and Bridge Improvement Program for Fiscal Years 1997 through 2002" to add the grading and rocking of Southwest 100th Street beginning West Stagecoach Road and ending at West Sprague Road in Lancaster County, Nebraska (Resolution 5563). C. A resolution amending "Lancaster County's One-and Six-Year Road and Bridge Improvement Program for Fiscal Years 1997 through 2002" to add the grading and rocking of Southwest 86th Street beginning at West Gage Road and ending at West Hallam Road in Lancaster County, Nebraska (Resolution 5564). D. Annual salary increases for 1997-1998 for Deputy Sheriff Captains, County Directors and Deputy Directors, Attorneys in the Public Defender's Office and Attorney's in the County Attorney's Office, retroactive to the pay week beginning August 28, 1997 (Resolution 5565). E. An agreement with Vocational Rehabilitation, a division of the Nebraska Department of Education, on release of personal information in vocational rehabilitation services and administration of the program. F. Grant contracts with the following: Agency Purpose Amount Lighthouse, Inc. To provide a soup and $3,250 and sandwich line for adolescents Lincoln Lancaster To provide for basic $7,500 Family Resource administrative services Centers, Inc. to operate the center Martin Luther Homes To provide services to As speci- of Nebraska, Inc. persons with develop- fied in mental disabilities the contract Peoples City Mission To provide funding for $30,000 the general operations of the family/women's shelter G. An interlocal agreement among Gage County, the Village of Cortland and Lancaster County regarding 911 service areas, at no cost to the County. 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 reports for the following: Sheriff's Report of Fees for July and August, 1997. Lincoln City Libraries B. Setting of a public hearing for Tuesday, September 30, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building regarding an application for a Class E (Beer Off Sale Only) and a Class K (Wine Off Sale Only) liquor license for T's Fast Stop located at 640 Prospector Court. C. Setting of a public hearing for Tuesday, October 21, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building for a street vacation, requested by Joseph Berchenko, to vacate the east 25 feet of Southwest 16th Street from West Burnham Street 1,309.51 feet south to the south section line. D. Setting of a public hearing for Wednesday, November 5, 1997 at 7:30 p.m. in the Commissioners Hearing Room located on the first floor of the County-City Building regarding Lancaster County's Proposed One-and Six-Year Road and Bridge Improvement Program for the fiscal years beginning July 1, 1997 through June 30, 2003. E. Contracts relating to road improvements with the following: Landowner Location Amount BonnieAnne Anderson On Arbor Road near $10,007.50 (6 contracts) North 27th street Lora H. Reed Near North 162nd $20.68 Street and Havelock Avenue 8) ANNOUNCEMENTS: A. The Lancaster County Board of Commissioners will hold a meeting on Thursday, September 25, 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" Street in Lancaster County, Nebraska. B. Lancaster County's General Assistance Burial Plan Section. (Scheduled for further consideration on Tuesday, October 7, 1997 at 1:30 p.m.) C. County Change of Zone 139, from AG Agricultural 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.) 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. (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.
MINUTES LANCASTER COUNTY BOARD OF EQUALIZATION COMMISSIONERS HEARING ROOM FIRST FLOOR, COUNTY-CITY BUILDING TUESDAY, SEPTEMBER 23, 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 16, 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 12 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: Christ's Place The Assessor recommended denial of the motor vehicle tax exemption because it was not timely filed. MOTION: Tussing moved and Campbell seconded to accept the Assessor's recommendation to deny the exemption. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
Board of Equalization 2:30 p.m. 4) APPEAL OF A HOMESTEAD EXEMPTION FILED BY GEORGE N CHISHOLM George Chisholm appeared and explained he has qualified for a homestead exemption in the past, however, he had a different company prepare his income tax return who informed him he would not qualify for the exemption. Another individual, with the same company, told him he did qualify several months later. The Assessor informed Chisholm there is a 20 day grace period, however, he missed that grace period by ten days. MOTION: Campbell moved and Hudkins seconded to accept the Assessor's recommendation and deny the homestead exemption because it was not filed in a timely manner. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 5) APPROVAL OF THE FOLLOWING TAX EXEMPTIONS FROM REAL ESTATE FOR 1997: Developmental Services of Nebraska, Inc. Lincoln Lancaster County Habitat for Humanity, Inc. DEVELOPMENTAL SERVICES OF NEBRASKA, INC. The Assessor recommended approval of the exemption for Developmental Services of Nebraska, Inc. MOTION: Campbell moved and Tussing seconded approval of a tax exemption from real estate for 1997 for Developmental Services of Nebraska, Inc. On call Steinman, Tussing, Svoboda and Campbell voted aye. Hudkins was absent from voting. Motion carried. LINCOLN LANCASTER COUNTY HABITAT FOR HUMANITY, INC. The Assessor recommended approval of an exemption for Lot 5, Block 28. MOTION: Tussing moved and Campbell seconded approved an exemption from real estate for 1997 for Lot 5, Block 28 First Addition to West Lincoln. On call Steinman, Svoboda, Tussing and Campbell voted aye. Hudkins was absent from voting. Motion carried. The Assessor recommended approval of an exemption for Lot 4, Block 28 First Addition to West Lincoln. MOTION: Tussing moved and Campbell seconded approval of an exemption for Lot 4, Block 28 First Addition to West Lincoln. On call Svoboda, Tussing, Campbell, Steinman and Hudkins voted aye. Motion carried. The Assessor recommended denial of an exemption for Lots 6 and 7, Block 28 First Addition to West Lincoln because the building permit had not been filed on of the lots, however, a building permit was filed late on the remaining lot. He recommended approval of an exemption on Lot 8. MOTION: Campbell moved and Hudkins seconded to deny an exemption for Lots 6 and 7 and approve an exemption for Lot 8. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. The Assessor recommended approval of an exemption for Lot 10 and the west half of Lot 11, Block 1 in Roca. MOTION: Tussing moved and Campbell seconded approval of an exemption for Lot 10 and the west half of Lot 11, Block 1 in Roca. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 6) DENITAL OF THE FOLLOWING APPLICATIONS FOR A TAX EXEMPTION FROM REAL ESTATE: Christ's Place Mid-America Union Conference of Seventh Day Adventist Three Angels Broadcasting Network, Inc. CHRIST'S PLACE The Assessor recommended denial because the exemption was filed in an untimely manner. MOTION: Campbell moved and Tussing seconded to accept the Assessor's recommendation and deny the exemption because it was not timely filed. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. MID-AMERICA UNION CONFERENCE OF SEVENTH DAY ADVENTIST The Assessor recommended denial of the exemption. He explained the property was inspected on August 15 and there was no indication of construction being underway. The Assessor stated a building permit was issued on May 12 to construct a garage, however, that would not qualify as a religious use. MOTION: Campbell moved and Tussing seconded to accept the Assessor's recommendation to deny the exemption. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. THREE ANGELS BROADCASTING NETWORK, INC. The Assessor explained the property has been owned by Three Angels Broadcasting Network since 1996 and that they needed to file for an exemption prior to June 30. He recommended denial of the exemption because it was not timely filed. MOTION: Campbell moved and Tussing seconded to accept the Assessor's recommendation to deny the exemption. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 7) APPEAL OF A PENALTY ON PERSONAL PROPERTY FOR 1996 AND 1997 FOR THREE ANGELS BROADCASTING NETWORK, INC The Assessor recommended a 50 percent penalty for 1996 and a ten percent penalty for 1997. He explained the Assessor's Office should have been notified in 1996 of the new ownership. MOTION: Tussing moved and Campbell seconded to accept the Assessor's recommendation and assess a 50 percent penalty for 1996 and a ten percent penalty for 1997. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. ADJOURNMENT: At the direction of the Chair, the meeting was adjourned. MINUTES LANCASTER COUNTY BOARD OF COMMISSIONERS COMMISSIONERS HEARING ROOM FIRST FLOOR, COUNTY-CITY BUILDING TUESDAY, SEPTEMBER 23, 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, September 16, 1997. (Copies of these minutes are on file in the Office of the Lancaster County Clerk.) MOTION: Campbell moved and Tussing seconded approval of the minutes. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 2) CLAIMS: Approval of all claims processed through Tuesday, September 23, 1997. 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. An exceptional circumstance award for JoAnn Boettcher, an employee of the Sheriff's Office, in the amount of $100. Terry Wagner, County Sheriff, introduced Boettcher saying she has been a Court Officer for a number of years and had taken on the extra responsibility of Property Officer in addition to preparing their property room for an audit. MOTION: Campbell moved and Tussing seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. B. Exceptional circumstance awards for Nancy Noren, in the amount of $227.44 and Cathy Sullivan, in the amount of $209, employees of the Election Commission Office. MOTION: Tussing moved and Hudkins seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. 4) PUBLIC HEARINGS: A. Setting of the tax levy different than the preliminary levy (Resolution 5561). The Chair opened the public hearing and asked if anyone wished to speak in favor of the preliminary levy. The resolution was read into the record. The Chair asked if anyone wished to speak in opposition or in a neutral position. Steve Mann, 1411 D Street, appeared and said he supported the preliminary levy as long as the money is applied toward education. No one appeared in opposition or in a neutral position. The Chair closed the pubic hearing. MOTION: Campbell moved and Tussing seconded approval of Resolution 5561. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. B. 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 a ten-foot by 20-foot equipment building, on property located at the northwest corner of Northwest 98th Street and West Mill Road (Special Permit 150) (Resolution 5562). The Chair opened the public hearing and asked if anyone wished to testify in favor of the Special Permit. Brian Carstens, appearing on behalf of Craig Vogt and Cellular One, said they are proposing a 185 foot open lattice tower with three directional antennae. Total height will be 200 feet. He added the Federal Aviation Administration has approved the tower and that no lighting or painting will be required. Campbell asked if there are future plans to share the tower. Carstens said the tower was powerful enough to carry another carrier or more antennae if needed. The Chair asked if anyone wished to testify in opposition or in a neutral position. No one appeared and the hearing was closed. MOTION: Hudkins moved and Tussing seconded approval of Special Permit 150. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 5) OLD BUSINESS: A. An application for a Special Designated License from the Nebraska State Board of Agriculture to set up a beer garden near the Bob Devaney Sports Center for Wednesday, September 24, 1997 through Sunday, September 28, 1997. Hours will be 5 p.m. to 1 a.m. Wednesday through Friday, Noon to 1 a.m. on Saturday and 5 p.m. to Midnight on Sunday. The Clerk said the application had been withdrawn at the request of the introducer. Sheriff Wagner explained to the Board that he had visited with John Skold, State Fair Park Manager, who informed him they would continue with the beer garden in their currently licensed facility. He expressed concern about the fact that it may create problems for security on the grounds. Wagner said he received a letter from the University Police Department indicating their concern about a beer garden or licensed facility in close proximity to the Bob Devaney Sports Center. He also said he had received a phone call from a licensee who indicated if the Special Designated Permit was granted he would try to obtain a Special Designated Permit for every event at Devaney in the future. Wagner said he felt State Fair Park was using their liquor license to draw people into State Fair Park in spite of no other event being held. MOTION: Campbell moved and Hudkins seconded that the Board support the Sheriff in composing a letter to the Nebraska Liquor Control Commission addressing his concerns regarding the application of a Special Designated License, to co-sign the letter with the Sheriff and to send a copy to the University of Nebraska. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. 6) NEW BUSINESS: A. A political subdivision tort claim filed against the Lancaster County Corrections Department by Victor Flores for lost property, in the amount of $60. MOTION: Tussing moved and Campbell seconded to accept the Director's recommendation and approve the claim in the amount of $27.25. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. B. A resolution amending "Lancaster County's One-and Six-Year Road and Bridge Improvement Program for Fiscal Years 1997 through 2002" to add the grading and rocking of Southwest 100th Street beginning at West Stagecoach Road and ending at West Sprague Road in Lancaster County, Nebraska (Resolution 5563). MOTION: Hudkins moved and Campbell seconded approval of Resolution 5563. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. C. A resolution amending "Lancaster County's One-and Six-Year Road and Bridge Improvement Program for Fiscal Years 1997 through 2002" to add the grading and rocking of Southwest 86th Street beginning at West Gage Road and ending at West Hallam Road in Lancaster County, Nebraska (Resolution 5564). MOTION: Campbell moved and Tussing seconded approval of Resolution 5564. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. D. Annual salary increases for 1997-1998 for Deputy Sheriff Captains, County Directors and Deputy Directors, Attorneys in the Public Defender's Office and Attorney's in the County Attorney's Office, retroactive to the pay week beginning August 28, 1997 (Resolution 5565). MOTION: Campbell moved and Tussing seconded approval of Resolution 5565. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. E. An agreement with Vocational Rehabilitation, a division of the Nebraska Department of Education, on release of personal information in vocational rehabilitation services and administration of the program. MOTION: Tussing moved and Campbell seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. F. Grant contracts with the following: Agency Purpose Amount Lighthouse, Inc. To provide a soup and $3,250 and sandwich line for adolescents Lincoln Lancaster To provide for basic $7,500 Family Resource administrative services Centers, Inc. to operate the center Martin Luther Homes To provide services to As specified in of Nebraska, Inc. persons with develop- the contract mental disabilities Peoples City Mission To provide funding for $30,000 the general operations of the family/women's shelter MOTION: Campbell moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. G. An interlocal agreement among Gage County, the Village of Cortland and Lancaster County regarding 911 service areas, at no cost to the County. MOTION: Tussing moved and Campbell seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins 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 reports for the following: Sheriff's Report of Fees for July and August, 1997 Lincoln City Libraries B. Setting of a public hearing for Tuesday, September 30, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building regarding an application for a Class E (Beer Off Sale Only) and a Class K (Wine Off Sale Only) liquor license for T's Fast Stop located at 640 Prospector Court. C. Setting of a public hearing for Tuesday, October 21, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building for a street vacation, requested by Joseph Berchenko, to vacate the east 25 feet of Southwest 16th Street from West Burnham Street 1,309.51 feet south to the south section line. D. Setting of a public hearing for Wednesday, November 5, 1997 at 7:30 p.m. in the Commissioners Hearing Room located on the first floor of the County-City Building regarding Lancaster County's Proposed One-and Six-Year Road and Bridge Improvement Program for the fiscal years beginning July 1, 1997 through June 30, 2003. E. Contracts relating to road improvements with the following: Landowner Location Amount BonnieAnne Anderson On Arbor Road near $10,007.50 (6 contracts) North 27th street Lora H. Reed Near North 162nd $ 20.68 Street and Havelock Avenue MOTION: Campbell moved and Tussing seconded approval of the Consent Items. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. ADJOURNMENT: MOTION: Campbell moved and Tussing seconded to adjourn. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.