InterLinc
lancaster.ne.gov
Lancaster County Seal
Lancaster County
Board of Commissioners

1997 Regular Agendas & Minutes



AGENDA For A Meeting Of The Lancaster County Board Of Commissioners To Be
Held Tuesday, October 14, 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, October 7, 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, October 14, 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 needs. COMMENTS FROM PUBLIC ON AGENDA ITEMS: Members of the public who wish to comment on any item on the agenda may come forward at this time. 4. PUBLIC HEARINGS: A. Adoption of the Uniform Code for the Abatement of Dangerous Buildings in Lancaster County, Nebraska. (97-77) 5. NEW BUSINESS: A. Request for a refund of real estate taxes from Carl Fischer for 1995, in the amount of $61.08 and for 1996, in the amount of $61.50 for parcel 20-26-200-003-000 and for 1995, in the amount of $214.34 and for 1996, in the amount of $206.44 for parcel 24-26-400-001-000. (97-52) B. A political subdivision tort claim filed against Lancaster County by Karla J Houfek for reimbursement of overdraft charges, in the amount of $40. (97-19) C. Appointment of Barry Martin to the Government Access Information Committee, term to expire on January 1, 1998. (97-89) D. Approval of a lump sum settlement for Workers' Compensation Claim of Ann C. Taylor, for $7,000. E. Approval of a resolution designating additional building projects previously designated and specifying the amount of the levy of taxes for each project under Section 23-120, Reissue Revised Statutes of Nebraska as follows (97-88):
Project Time Period Levy cents per $100
taxable property value
St. Mary's Building Project 1-1-98 to 12-31-04 0.5147
Health Facilities Project 1-1-98 to 12-31-00 0.1407
1-1-01 to 12-31-04 0.32
Project Time Period Levy cents per $100
of taxable property value
County Engineering Building Project 1-1-98 to 12-31-05 0.1291
Motor Vehicle Facilities Project 1-1-98 to 12-31-06 0.2444
Miscellaneous County Projects 1-1-98 to 12-31-98 1.17143
     F.   Approval of County maintenance of roads in Cardwell Woods Addition
          as follows:  (97-85)

          Approximately 2,290 feet of West Cardwell Road

          Approximately 576 feet of Whitetail Circle

          Approximately 487 feet of Bobcat Circle

          Approximately 683 feet of Cardwell Circle

          Approximately 576 feet of Fireplace Circle

     G.   A ballot for accepting or rejecting the first amended plan of
          reorganization filed by Weaver's Potato Chip Company, Inc. (97-95)

     H.   An addendum to an agreement with the Nebraska Department of
          Health and Human Services to continue the "Target Assistance
          Program" for unemployed refugees residing in Lancaster County,
          effective October 1, 1997 through September 30, 1998, for
          $182,939. (97-79)

     I.   An addendum to a financing agreement funded through the County's
          Economic Development Loan Program with KINCO Manufacturing Company
          LLC to change the initial date that repayment of the loan begins
          from July 1, 1997 to June 1, 1998.  (97-80)

     J.   An agreement with the United States Department of the Interior for
          the operation and computation of records for the following four
          gauging stations located in Lancaster County, at a cost of $6,120
          per party, from October 1, 1997 to September 30, 1998:  (97-78)

          Location

          Salt Creek at Roca

          Little Salt Creek near Lincoln

          Stevens Creek near Lincoln

          Rock Creek near Ceresco

     K.   Grant contracts with the following:

      	  Agency    		Purpose   		Amount

          Consortium for        To provide administra-  $47,000
          Planning and   	tive planning of human
          Advocacy (97-82)    	services, maintain a
                    		human services database
                    		and to provide technical
                    		assistance

          Legal Services of     To provide legal    	 $24,740
          Southeast Nebraska,   services in family
          Inc. (97-84)     	law

          Lincoln Council on    To provide general  	 $43,858
          Alcoholism and Drugs  operations funding
          Inc. (97-83) 		and specific projects
                    		to prevent substance
                    		abuse

        St. Monica's  (97-81) 	To provide funding  	 $2,037
                    		to study case manage-
                    		ment and to develop
                    		an assessment tool

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 approval of:

     A.   Maintenance agreements with the following:

          Agency     		Vendor   		Amount

          Community Mental      Bishop Business         $1,039.50
          Health Center (97-73) Equipment

          District Court 	NBE Solutions  		$160
          (97-74)

          County Court-Adult  	Solutions 		$643.40
          Probation (97-75)

          County Court (98-76)  JJE, Inc. 		$495

     B.   An agreement with Richard and Anne McCollister for road
	  improvements at West Van Dorn and South Coddington Avenue, for
	  $380.

7) ANNOUNCEMENTS:

     A.   The Lancaster County Board of Commissioners will not hold a
	  meeting on Thursday, October 16, 1997 because of the Nebraska
	  Association of County Officials convention, instead a meeting will
	  be held on Tuesday, October 14, 1997 at 11:30 a.m. in the
	  Personnel Conference Room on first floor of the County-City
          Building.

     B.   Public hearings will be held on Tuesday, October 21, 1997 at
          1:30 p.m. in the Commissioners Hearing Room on the first floor of
          the County-City Building for the following:

          1.  Preliminary Plat 97007 and Change of Zone 172 for Blue Spruce
              Estates, requested by J. Michael Rierden on behalf of Patter
              Trust, for six single family lots and one outlot and a zoning
              change from AG Agricultural to AGR Agricultural Residential on
              property located southeast of North 148th Street and
              Holdrege Street in Lancaster County, Nebraska.

     	  2.  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.

     C.   A public hearing will be held on Tuesday, October 28, 1997 at
          1:30 p.m. in the Commissioners Hearing Room on the first floor of
          the County-City Building regarding the vacation a portion of "C"
          Street, west of Third Street for 142 feet east and west and 60
          feet north and south in Martell, Nebraska.

     D.   A public hearing will be held on Wednesday, November 5, 1997 at
          7:30 p.m. in the Commissioners Hearing Room 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.   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.   County Change of Zone, requested by LeRoy F. Busboom, from AG
          Agriculture to AGR Agricultural Residential, on property located
          at the northeast corner of Southwest 112th Street and
          West Pioneers Boulevard in Lancaster County, Nebraska (Change of
          Zone 139).  (97-25) (Scheduled for further discussion on October
	  21, 1997.)

     C.   Change of Zone 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 (Change of Zone
          165).  (97-26)  (Scheduled for further discussion on
          April 7, 1998.)

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 for the hearing impaired 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.

REPORTS AND INFORMATIONAL FILINGS:  The following items which may be
of interest to residents of Lancaster County are among those which have been
filed this week in the County Clerk's Office:

     A.   Monthly reports from the following:

          Agency

          Lancaster Manor (97-31)

          Records and Information Management (97-56)

     B.   Distress Warrants from the County Treasurer for 1997. (97-48)

AGENDA For A Meeting Of The Lancaster County Board Of Equalization To Be Held Tuesday, October 14, 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, October 7, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 8 additions and deductions to the tax assessment rolls per Exhibit "A". (97-66) 3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS: Daughters of the Holy Spirit Developmental Services of Nebraska, Inc. Fresh Start, Inc. Heartlands Church Madonna Rehabilitation Hospital St Thomas Church


                           MINUTES
            Lancaster County Board Of Commissioners
                   Commissioners Hearing Room
               First Floor, County-city Building
                   Tuesday, October 14, 1997
                          1:30 P.m.
Commissioners Present:  Linda Steinman, Chair
                        Kathy Campbell
                        Steve Svoboda
                        Darlene Tussing

 Commissioners Absent:  Larry Hudkins

       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, October 7, 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 of October 7, 1997.  On call Campbell, Steinman,
	      Svoboda and Tussing voted aye.  Motion carried.

2)  CLAIMS:   Approval of all claims processed through Tuesday,
	      October 14, 1997.

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

3)  ITEMS OF PUBLIC PARTICIPATION:

    The Clerk asked if anyone present requested a change in the agenda.  No
    requests were made and the meeting proceeded as planned.

4)  PUBLIC HEARINGS:

    A.  Adoption of the Uniform Code for the Abatement of Dangerous Buildings
        in Lancaster County, Nebraska.  (97- 77)

        The Chair opened the public hearing and asked if anyone wished to
        testify in favor of the proposal.

        Campbell requested that letters from Becky Wissink (Exhibit A) and
        Edna Liesveld (Exhibit B) and a fax from Dick Marolf (Exhibit C) be
        entered into the record.

        Charles Noren, attorney representing Sanitary Improvement District 3
        (Holland), appeared and encouraged the County Board to support a
        resolution adopting the Uniform Code for the Abatement of Dangerous
        Buildings and the interlocal agreement.

        The Chair asked if anyone wished to appear in opposition.

        Richard Hedrick, 404 Morman Lane, appeared in opposition and asked
        why farms were not included.

        Chuck Zimmerman, Building and Safety, appeared and explained that
        they are not able to enforce the building codes on farmsteads because
        of state law.

        Hedrick stated the Health Department had been bothering some his
        tenants because of an ordinance within the City and if a resolution
        is adopted for the County the same problem will occur.

        The Chair asked if anyone wished to testify in a neutral position.

        Diane Staab, Deputy County Attorney, appeared and explained that
        what is being proposed is the adoption of the Uniform Code for the
        Abatement of Dangerous Buildings in the County.  She added the
        interlocal agreement has been sent to the City and it should be
        ready for consideration at a later date.

        Zimmerman appeared again and explained they will have their building
        inspectors do the enforcement action when necessary.  He said if
        there are properties which have outstanding building permits, those
        individuals will be given an opportunity to complete the projects and
        comply with the building code.  Zimmerman also noted there will
        be an appeals process.

        The Chair asked if anyone else wished to testify.

        No one appeared and the public hearing was closed.

        MOTION:  Campbell moved and Tussing seconded to approve
	 	Resolution 97-77 adopting the Uniform Code for the Abatement
	        of Dangerous Buildings in Lancaster County, Nebraska.  On
                call Steinman, Svoboda, Tussing and Campbell voted aye.
                Motion carried.

5)  NEW BUSINESS:

    A.  Request for a refund of real estate taxes from Carl Fischer for 1995,
        in the amount of $61.08 and for 1996, in the amount of $61.50 for
        parcel 20-26-200-003-000 and for 1995, in the amount of $214.34 and
        for 1996, in the amount of $206.44 for parcel 20-26-400-001-000.
        (97-52)

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

    B.  A political subdivision tort claim filed against Lancaster County by
        Karla J Houfek for reimbursement of overdraft charges, in the amount
        of $40.  (97-19)

        The Chair said the agenda notes an amount of $40 for reimbursement,
        however, Ms. Houfek's bank indicates an amount of $340.

        Staab stated the amount should be $340 and recommended the tort
        claim be referred to Sue Eckely, Workers' Compensation and Risk
        Management Manager, for investigation.

        MOTION:  Campbell moved and Tussing seconded to accept the County
                 Attorney's recommendation and refer the tort claim to Sue
                 Eckley, Workers' Compensation and Risk Management Manager,
                 for investigation and to also note that the amount requested
                 should be $340.  On call Tussing, Campbell, Steinman and
                 Svoboda voted aye.  Motion carried.

    C.  Appointment of Barry Martin to the Government Access Information
        Committee, term to expire on January 1, 1998. (97-89)

        The Chair noted Mr. Martin had indicated in his general fact sheet
        that he was available for evening appointments and inquired whether
        it was made clear to him that the Government Access Information
        Committee (GAIC) meets at noon.

        Campbell suggested holding the item for one week.

        MOTION:  Campbell moved and Svoboda seconded to place the
                 appointment on pending for one week to allow the Chair to
                 inquire whether Mr. Martin can serve on the committee.  On
                 call Campbell, Steinman, Svoboda and Tussing voted aye.
		 Motion carried.

    D.  Approval of a lump sum settlement for workers' compensation claim of
        Ann C. Taylor, for $7,000.

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

    E.  Approval of a resolution designating additional building projects
        previously designated and specifying the amount of the levy of taxes
        for each project under Section 23-120, Reissue Revised Statutes of
        Nebraska as follows (97-88):

                                                          Levy cents per
                            			          $100 taxable
        Project   		Time aPeriod   	           property value

        St. Mary's Building      1-1-98 to12-31-04  	  0.5147
        Project

        Health Facilities        1-1-98 to 12-31-00        0.1407
        Project                  1-1-01 to 12-31-04        0.32

        County Engineering       1-1-98 to 12-31-05        0.1291
        Building Project

        Motor Vehicle            1-1-98 to 12-31-06        0.2444
        Facilities Project

        Miscellaneous County     1-1-98 to 12-31-98        1.17143
        Projects

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

    F.  Approval of County maintenance of roads in Cardwell Woods
        Addition as follows:  (97-85)

        Approximately 2,290 feet of West Cardwell Road

        Approximately 576 feet of Whitetail Circle

        Approximately 487 feet of Bobcat Circle

        Approximately 683 feet of Cardwell Circle

        Approximately 576 feet of Fireplace Circle

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

    G.  A ballot for accepting or rejecting the first amended plan of
        reorganization filed by Weaver's Potato Chip Company, Inc.  (97-95)

        Ed Weaver, Weaver's Potato Chip Company, Inc., appeared and
        encouraged the County Board to vote in favor of the plan.  He said
        he felt it would work and added that the company was slowly making
        progress.

        Campbell requested that the Board take the item under advisement and
        request the County Attorney's Office to visit with the City Economic
        Development Department to ensure there are no other comments from
        them.

        MOTION:  Campbell moved and Tussing seconded to place the item on
	 	 pending for one week and to request the  County Attorney's
                 Office seek any further comments from the City Economic
                 Development Department.  On call Tussing, Campbell,
                 Steinman and Svoboda voted aye.  Motion carried.

    H.  An addendum to an agreement with the Nebraska Department of Health
        and Human Services to continue the "Target Assistance Program" for
        unemployed refugees residing in Lancaster County, effective October
        1, 1997 through September 30, 1998, for $182,939.  (97-79)

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

    I.  An addendum to a financing agreement funded through the County's
        Economic Development Loan Program with KINCO Manufacturing Company
        LLC to change the initial date that repayment of the loan begins
        from July 1, 1997 to June 1, 1998.  (97-80)

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

    J.  An agreement with the United States Department of the Interior for
        the operation and computation of records for the following four
        gauging stations located in Lancaster County, at a cost of $6,120
        per party, from October 1, 1997 to September 30, 1998:  (97-78)

        Location

        Salt Creek at Roca

        Little Salt Creek near Lincoln

        Stevens Creek near Lincoln

        Rock Creek near Ceresco

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

    K.  Grant contracts with the following:

        Agency                 Purpose   		Amount

        Consortium for         To provide administra-    $47,000
        Planning and           tive planning of human
        Advocacy (97-82)       services, maintain a
                               human services database
                               and to provide technical
                               assistance

       Legal Services of       To provide legal          $24,740
       Southeast Nebraska,     services in family
       Inc. (97-84)            law

       Lincoln Council on      To provide general        $43,858
       Alcoholism and Drugs    operations funding
       Inc. (97-83)            and specific projects
                               to prevent substance
                               abuse

       St. Monica's  (97-81)   To provide funding        $ 2,037
                               to study case manage-
                               ment and to develop
                               an assessment tool

        MOTION:  Tussing moved and Campbell seconded approval.  On
	 	 call Svoboda, Tussing, Campbell and Hudkins 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 approval of:

    A.  Maintenance agreements with the following:

        Agency   		Vendor             Amount

        Community Mental        Bishop Business    $1,039.50
        Health Center (97-73)   Equipment

        District Court          NBE Solutions      $  160
        (97-74)

        County Court-Adult      Solutions          $   643.40
        Probation (97-75)

        County Court (98-76)    JJE, Inc.          $    495

   B.  An agreement with Richard and Anne McCollister for road improvements
       at West Van Dorn and South Coddington Avenue, for $380.

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

ADJOURNMENT:

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


                         
Kandra Hahn
Lancaster County Clerk


MINUTES Lancaster County Board Of Equalization Commissioners Hearing Room First Floor, County-City Building Tuesday, October 14, 1997 1:30 p.m. Commissioners Present: Linda Steinman, Chair Kathy Campbell Steve Svoboda Darlene Tussing Commissioners Absent: Larry Hudkins 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, October 7, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) MOTION: Tussing moved and Svoboda seconded approval of the minutes of October 7, 1997. On call Campbell, Steinman, Svoboda and Tussing voted aye. Motion carried. The Chair noted Commissioner Hudkins is attending the Nebraska Association of County Officials Board meeting in Omaha. 2) ADDITIONS AND DEDUCTIONS: Approval of 8 additions and deductions to the tax assessment rolls per Exhibit "A". (97-66) MOTION: Tussing moved and Campbell seconded approval. On call Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS: Daughters of the Holy Spirit Developmental Services of Nebraska, Inc. Fresh Start, Inc. Heartlands Church Madonna Rehabilitation Hospital St Thomas Church MOTION: Tussing moved and Svoboda seconded approval of motor vehicle tax exemptions for Daughters of the Holy Spirit, Developmental Services of Nebraska, Inc., Fresh Start, Inc., Madonna Rehabilitation Hospital and St. Thomas Church and to approve a motor vehicle tax exemption for Heartlands Church subject to the vehicle being titled and registered to the applicant. On call Svoboda, Tussing, Campbell and Steinman voted aye. Motion carried. There being no further business the meeting closed. Kandra Hahn Lancaster County Clerk

Minutes

Past Agendas
2007 Agenda History