Lancaster County
Board of Commissioners
Board of Commissioners
AGENDA LANCASTER COUNTY BOARD OF EQUALIZATION TUESDAY, NOVEMBER 18, 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 Thursday, November 13, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 30 additions and deductions to the tax assessment rolls per Exhibit "A". (97-344) (97-345) 3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS: Sacred Heart Church School Sisters of Christ the King Trinity United Methodist Church 4) DENIAL OF A MOTOR VEHICLE TAX EXEMPTION: The Salvation Army A.R.C. AGENDA LANCASTER COUNTY BOARD OF COMMISSIONERS TUESDAY, NOVEMBER 18, 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 Thursday, November 13, 1997. (A copy of the minutes is on file in the Office of the Lancaster County Clerk.) 2) CLAIMS: Approval of all claims processed through Tuesday, November 18, 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. A. Recognition of Mark Helling, an employee of the Corrections Department, as "Law Enforcement Officer of the Year"--Mike Thurber, Corrections Director (97-333) B. Recognition of Pete Jensen for his services on the Lincoln- Lancaster County Ecological Advisory Committee. (97-348) (R-5543) 4) PUBLIC HEARINGS: Continuation of a public hearing regarding County Board of Zoning Appeals, Appeal 105, requested by Tom Wilson on behalf of Marty Ivins, alleging an error in the interpretation of the Lancaster County Zoning Resolution, Sections 2.067 and 15.001, regarding definitions and conditions where a home occupation may occur. (97-189) 5) NEW BUSINESS: A. A resolution authorizing a joint efficiency study of Lancaster County and the City of Lincoln by the Constitutional Heritage Institute. (97-349) (R-5596) B. Adoption of Lancaster County's "One-and Six-Year Road and Bridge Improvement Program" for Fiscal Years 1998 and 1999 through 2003. (97-316) (R-5597) C. An agreement with the State of Nebraska, Department of Roads for surfacing on South 68th Street, beginning at Roca Road and proceeding north on 68th Street 2.6 miles with 80 percent of the cost to be Surface Transportation Program Funds from the Department of Transportation, Federal Highway Administration and approximately $198,580 to be the County's share. (97-355) (C-8805) D. A request from Joyce Pardee for a refund of real estate, in the amount of $621.96, for 1995 and for $632.96 for 1996. (97-337) (M-6548) E. Recommendation from Lancaster Manor and the Purchasing Agent to award a bid to Medline, in the amount of $16,900, for pressure reduction mattresses for residents. (97-351) F. Recommendation from the County Engineering Department and the Purchasing Agent to award a bid to Government Technology Services Inc., in the amount of $30,042, for Sun Sparc computer system upgrades. (97-352) G. Authorization of the installation and removal of the following traffic signs: (97-353) (R-5598) Signage Location Installation of a stop On Little Salt Road east of ahead sign North 162nd Street for westbound traffic Installation of a hazard On South 96th Street between sign Old Cheney Road and Pioneers Boulevard for northbound traffic Change stop ahead signs On Saltillo Road approaching Highway to signal ahead signs 77 for east and westbound traffic Removal of two arrow On West Davey Road one-half signs and a dirt road mile east of Northwest 40th and installation of a Street for eastbound traffic gravel ends sign Installation of two On North 70th Street south of "Watch for Turning Bluff Road for north and Trucks" signs southbound traffic H. A contract with Don McKinney, Inc., for $228,500, for construction of a pre-engineered metal building for vehicle storage for the County Engineering Department at the Westgate location. (97-354) (C-8806) 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. A service agreement with Aliant Communications for a telephone system and equipment at Lancaster Manor, for $288.75 per month. (97-350) (C-8807) B. Contracts relating to road improvements with the following: Landowner Location Amount Elizabeth M. Hall Near North 134th $139 and a (97-357) (C-8808) Street and land donation Fletcher Avenue Lyle Hall Near North 134th $10 (97-356) (C-8809) Street and Fletcher Avenue 7) ANNOUNCEMENTS: A. The Lancaster County Board of Commissioners will not hold a meeting on Thursday, November 20, 1997 instead a meeting will be held on Tuesday, November 18 from 9:30 a.m. to 11:30 a.m. in the Personnel Conference Room on the first floor of the County- City Building. B. A public hearing will be held on Tuesday, December 2, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building regarding the adoption of a $15 impoundment fee for animals running at large and increasing to $25 for a second offense and $40 for a third offense, and a $10 deposit for impounded dogs and household cats which have not received a rabies vaccination. C. A public hearing will be held on Tuesday, December 9, 1997 at 1:30 p.m. in the Commissioners Hearing Room on the first floor of the County-City Building regarding the sale and fair market value of St. Francis Chapel located at 1145 South Street. D. The Lancaster County Board of Commissioners meeting which is broadcast live at 1:30 p.m. on Tuesdays will be re-broadcast at 6:30 p.m. on Cablevision Channel 5. 8) EMERGENCY ITEMS AND OTHER BUSINESS: 9) PENDING: A. Change of Zone Number 147, from AG Agricultural to AGR Agricultural Residential, requested by Peter W. Katt on behalf of Steve Champoux, on property located at the northwest corner of 134th and "A" Streets in Lancaster County, Nebraska. B. Change of Zone 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. A monthly report for Lancaster Manor. (97-330) B. A quarterly report for the Veterans' Service Center (97-306) C. Annual audit of Lancaster County Leasing Corporation (97-332)
MINUTES LANCASTER COUNTY BOARD OF EQUALIZATION TUESDAY, NOVEMBER 18, 1997 COUNTY COMMISSIONERS CHAMBERS FIRST FLOOR, COUNTY-CITY BUILDING 1:30 P.M. Commissioners Present: Linda Steinman, Chair Kathy Campbell Larry Hudkins Steve Svoboda Darlene Tussing Others Present: Norm Agena, County Assessor Kandra Hahn, County Clerk Kerry Eagan, Chief Administrative Officer Diane Staab, Deputy County Attorney 1) MINUTES: Approval of the minutes of the Board of Equalization meeting held on Thursday, November 13, 1997. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) MOTION: Hudkins moved and Tussing seconded approval of the minutes of November 13, 1997. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 2) ADDITIONS AND DEDUCTIONS: Approval of 30 additions and deductions to the tax assessment rolls per Exhibit "A". (97-344) (97-345) MOTION: Campbell moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS: Sacred Heart Church School Sisters of Christ the King Trinity United Methodist Church MOTION: Tussing moved and Campbell seconded approval of motor vehicle tax exemptions for Sacred Heart Church, School Sisters of Christ the King and Trinity United Methodist Church. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. 4) DENIAL OF A MOTOR VEHICLE TAX EXEMPTION: The Salvation Army A.R.C. MOTION: Tussing moved and Campbell seconded to deny the motor vehicle tax exemption for The Salvation Army A.R.C. because it was not timely filed. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. There being no further business, the Chair closed the Board of Equalization meeting. MINUTES LANCASTER COUNTY BOARD OF COMMISSIONERS TUESDAY, NOVEMBER 18, 1997 COUNTY COMMISSIONERS CHAMBERS FIRST FLOOR, COUNTY-CITY BUILDING 1:30 P.M. Commissioners Present: Linda Steinman, Chair Kathy Campbell Larry Hudkins Steve Svoboda Darlene Tussing Others Present: Norm Agena, County Assessor Kandra Hahn, County Clerk Kerry Eagan, Chief Administrative Officer Diane Staab, Deputy County Attorney 1) MINUTES: Approval of the minutes of the Board of Commissioners meeting held on Thursday, November 13, 1997. (A copy of the minutes is on file in the Office of the Lancaster County Clerk.) MOTION: Campbell moved and Hudkins seconded approval of the minutes of November 13, 1997. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 2) CLAIMS: Approval of all claims processed through Tuesday, November 18, 1997. MOTION: Campbell moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) ITEMS OF PUBLIC PARTICIPATION: Ron Cook, representing the Salvation Army Adult Rehabilitation Center, appeared regarding the denial of a motor vehicle tax exemption. He explained the vehicles are purchased by the headquarters in Chicago, Illinois. Cook stated the vehicles were purchased on October 3rd, however, the first vehicle was received on October 23rd and the second vehicle was received on October 31st. Because the vehicle identification numbers had to be verified after they were received, the paperwork for the exemptions couldn't be completed until after the trucks were received. Norm Agena, County Assessor, explained that application for an exemption has to be made within 30 days after the purchase date. The Salvation Army's application was made on the 32nd day. It was suggested that in the future the headquarters, located in Chicago, register the vehicles prior to delivery. A. Mike Thurber, Corrections Director, recognized Mark Helling, an employee of the Corrections Department, as "Law Enforcement Officer of the Year". (97-333) B. Recognition of Pete Jensen for his services on the Lincoln- Lancaster County Ecological Advisory Committee. (97-348) (R-5543) MOTION: Campbell moved and Hudkins seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. 4) PUBLIC HEARINGS: Continuation of a public hearing regarding County Board of Zoning Appeals, Appeal 105, requested by Tom Wilson on behalf of Marty Ivins, alleging an error in the interpretation of the Lancaster County Zoning Resolution, Sections 2.067 and 15.001, regarding definitions and conditions where a home occupation may occur. (97-189) The Chair reconvened the public hearing and asked if anyone wished to testify in favor of the proposal. Tom Wilson, attorney representing Marty Ivins, appeared and explained Mr. Ivins operates an orchard, has a machine shop, repairs cellular phones and satellite dishes. In addition, he possesses a federal firearms license for gunsmithing which he does as a hobby. Wilson stated there are no displays, no retail, no sales or advertising regarding the gunsmithing. Wilson submitted into the record Mr. Ivins' invoices from Red Arrow Products for the past year showing that there were four invoices associated with the federal firearms license (Exhibit A). He noted two items were guns sales, one of which was a purchase for a friend and the other was for his nephew. The two remaining invoices were for the repair of two guns. Wilson reiterated that Ivins possesses the federal firearms license for gunsmithing which is done as a hobby and that over the past three years there were three guns sales to friends and relatives. He stated Ivins earned $70,000 from Red Arrow Products of which $972 was associated with the gunsmithing license. $785 was for the purchase of two guns which equals one percent for total sales and less than one-third of one percent for gunsmithing. Campbell stated it appeared to her that the primary part of the home occupation would be the mill work and various repairs and that the actual repairing and selling of guns is incidental to all other repairs being done. The Chair asked if anyone wished to testify in opposition or in a neutral position. Mike DeKalb, Planning Department, appeared in a neutral position and gave a brief history regarding home occupation. He explained a question was raised with the Building and Safety Department regarding whether the sale of guns fit the provision relating to incidental to a home occupation. The previous finding was that it would not fit the provision. DeKalb stated the new information regarding sales which have occurred has not been reviewed by Planning or Building and Safety, therefore, they cannot make a finding that the sales are incidental. He recommended the item be deferred for one week to allow review by the County Attorney, the Planning Department and the Building and Safety Department and to make a finding whether the sale of guns is incidental to the home occupation. Roger Harris, Building and Safety Department, concurred. He added if the sale of guns is found incidental to the home occupation and it was found in the future that there had been a change in which there were increased sales of guns, the question could be reexamined. 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 defer action on Board of Zoning Appeals, Appeal Number 105 for one week to allow review by the County Attorney, the Planning Department and the Building and Safety Department and to make a finding whether the sale of guns is incidental to the home occupation. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. 5) NEW BUSINESS: A. A resolution authorizing a joint efficiency study of Lancaster County and the City of Lincoln by the Constitutional Heritage Institute. (97-349) (R-5596) Campbell inquired whether the City would need to sign the resolution. Kerry Eagan, Chief Administrative Officer, appeared and indicated the City has approved the study. MOTION: Campbell moved and Tussing seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. Campbell stated she had made a suggestion to the Mayor that the City and the County create an information committee to help facilitate the flow of reports. She stated she would like the Board to send a formal letter to the City of Lincoln asking them to participate on the committee. B. Adoption of Lancaster County's "One-and Six-Year Road and Bridge Improvement Program" for Fiscal Years 1998 and 1999 through 2003. (97-316) (R-5597) MOTION: Tussing moved and Campbell seconded approval. Campbell asked if there would be a turn off to the new high school at Waverly. Don Thomas, County Engineer, stated turn lanes have been built. Steinman asked if the all of Bluff Road would be paved. Thomas stated the road was not improved yet to be paved. He indicated they would be reviewing that. ROLL CALL: Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. C. An agreement with the State of Nebraska, Department of Roads for surfacing on South 68th Street, beginning at Roca Road and proceeding north on 68th Street 2.6 miles with 80 percent of the cost to be Surface Transportation Program Funds from the Department of Transportation, Federal Highway Administration and approximately $198,580 to be the County's share. (97-355) (C-8805) MOTION: Tussing moved and Campbell seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. D. A request from Joyce Pardee for a refund of real estate, in the amount of $621.96, for 1995 and for $632.96 for 1996. (97-337) (M-6548) Diane Staab, Deputy County Attorney, appeared and stated the County Assessor was recommending that the Board approve a refund pursuant to Nebraska Statute 77-1734.01 which allows refunds due to clerical errors. She stated the Assessor's Office was of the understanding that the home had a basement, however, it does not. Under the clerical error statute, Staab stated, a refund can only be made for the two previous years. Staab stated she had received a letter from the attorney representing Ms. Pardee requesting the two year limitation be waived. She noted there was nothing in the statute which would allow the Board to waive the limitation and that case law is clear that county officials cannot commute taxes unless there is a specific statutory reason. Staab recommended a refund for 1995 and 1996. Steinman added that Ms. Pardee could appeal to the Tax Equalization and Review Committee (TERC). MOTION: Tussing moved and Campbell seconded approval of the refund for 1995 and 1996. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. E. Recommendation from Lancaster Manor and the Purchasing Agent to award a bid to Medline, in the amount of $16,900, for pressure reduction mattresses for residents. (97-351) MOTION: Campbell moved and Tussing seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. F. Recommendation from the County Engineering Department and the Purchasing Agent to award a bid to Government Technology Services Inc., in the amount of $30,042, for Sun Sparc computer system upgrades. (97-352) MOTION: Campbell moved and Hudkins seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. G. Authorization of the installation and removal of the following traffic signs: (97-353) (R-5598) Signage Location Installation of a stop On Little Salt Road east of ahead sign North 162nd Street for westbound traffic Installation of a hazard On South 96th Street between sign Old Cheney Road and Pioneers Boulevard for northbound traffic Change stop ahead signs On Saltillo Road approaching Highway to signal ahead signs 77 for east and westbound traffic Removal of two arrow On West Davey Road one-half signs and a dirt road mile east of Northwest 40th and installation of a Street for eastbound traffic gravel ends sign Installation of two On North 70th Street south of "Watch for Turning Bluff Road for north and Trucks" signs southbound traffic MOTION: Tussing moved and Campbell seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. H. A contract with Don McKinney, Inc., for $228,500, for construction of a pre-engineered metal building for vehicle storage for the County Engineering Department at the Westgate location. (97-354) (C-8806) MOTION: Hudkins moved and Tussing seconded approval. On call Steinman, 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. A service agreement with Aliant Communications for a telephone system and equipment at Lancaster Manor, for $288.75 per month. (97-350) (C-8807) B. Contracts relating to road improvements with the following: Landowner Location Amount Elizabeth M. Hall Near North 134th $139 and a (97-357) (C-8808) Street and land donation Fletcher Avenue Lyle Hall Near North 134th $10 (97-356) (C-8809) Street and Fletcher Ave MOTION: Svoboda moved and Campbell 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.