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Lancaster County
Board of Commissioners

1997 Regular Agendas & Minutes



                                    AGENDA
                    LANCASTER COUNTY BOARD OF EQUALIZATION
                          TUESDAY, DECEMBER 2, 1997
                        COUNTY COMMISSIONERS CHAMBERS
                      FIRST FLOOR, COUNTY-CITY BUILDING
                                  1:30 P.M.

1)  MINUTES: Approval of the minutes of the Board of Equalization
    meeting held on Tuesday, November 25, 1997.  (A copy of these minutes
    is on file in the Office of the Lancaster County Clerk.)

2)  ADDITIONS AND DEDUCTIONS:

    Approval of 14 additions and deductions to the tax assessment rolls
    per Exhibit "A".  (97-371)  (97-379)

3)  APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS:

    Calvary Community Church
    Developmental Services of Nebraska, Inc.
    The Madonna Foundation






                                    AGENDA
                   LANCASTER COUNTY BOARD OF EQUALIZATION
                         TUESDAY, FEBRUARY 15, 2000
                       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, November 25, 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,
    December 2, 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.

4)  PUBLIC HEARINGS:

    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. (97-436) (R-5604)

5)  NEW BUSINESS:

    A.  Approval of an Emergency Preparedness Plan for the Upper Little
        Nemaha Watershed dam site number 21 for the  safety of citizens
	and property near Bennet, Nebraska, to prevent or minimize
	disruption of public services and to assign responsibilities for
	coordination of emergency response forces.  (97-435) (M-6551)

    B.  A request from Hal V. Kennedy for a refund of $133.96 in real
	estate taxes for 1995 and $142.62 for 1996.   (97-421) (M-6550)

    C.  A political subdivision tort claim for $41.50 filed against the
        Corrections Department by Michael Ellis for loss of a radio.
	(97-434)

    D.  A political subdivision tort claim for $100,000 filed against the
        Health Department by Brian and Kelli Hughes for damages.  (97-327)

    E.  Approval of settlement of suit filed by Peggy Sutton against the
        Lancaster County Attention Center for Youth, for $13,000.

    F.  Appointment of Anh-Tony Quang Tran and Lorena Pulgarin to the
        Attention Center Advisory Committee.  (97-404)

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.  Setting of a public hearings for Tuesday, December 16, 1997 at
	1:30 p.m. in the Commissioners Hearing Room on the first floor
	of the County-City Building:

        1.  Special Permit, requested by SBA, Inc., for authority to
            construct and operate a 300 foot wireless communications
            broadcast tower on property located north of 162nd Street
	    and Alvo Road in Lancaster County, Nebraska.  (County
	    Special Permit Number 152)

        2.  Change of Zone, from AG Agricultural to AGR Agricultural
	    Residential, requested by Arnold Bentzinger, on property
	    located north and west of the corner of Southwest 14th
	    Street and Wittstruck Road in Lancaster County, Nebraska.
	    (County Change of Zone Number 177)

    B.  Renewal of a lease agreement with the Lincoln Airport Authority
	for storage of aircraft for the Sheriff's Office, for $1,224,
	beginning January 1, 1998 and ending December 31, 1998. (97-426)
	(C-8817)

    C.  Contracts relating to road improvements with the following:

        Landowner           	 Location                   Amount

        Art and Don Althouse     North 134th Street        $10
        (97-437)  (C-8818)       and Fletcher Avenue

        Clarence A. Althouse,    On North 141st Street     Donation
        Jr.  (97-438) (C-8819)   near Waverly Road

        Robert M and Viola C.    On West Denton Road       $883.50
        Sanks (97-439) (C-8820)  near Southwest 126th
                                 Street

7)  ANNOUNCEMENTS:

    A.  The Lancaster County Board of Commissioners will hold a meeting
	on Thursday, December 4, 1997 at 8:30 a.m. in the Fourth Floor
        Conference Room in the County-City Building.

    B.  A public hearing will be held on Tuesday, 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.

    C.  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.  Sheriff's report.  (97-425)

    B.  Annual financial statements, supplementary information and
        independent auditors' report for Lancaster County, Nebraska.
	(97-427)

    C.  Notification from Time Warner Cable regarding price adjustments
	for cable television.  (97-440)



                                MINUTES
                 LANCASTER COUNTY BOARD OF EQUALIZATION
                       COMMISSIONERS HEARING ROOM
                   FIRST FLOOR, COUNTY-CITY BUILDING
                       TUESDAY, DECEMBER 2, 1997
                               1:30 P.M.

Commissioners Present:  Linda Steinman, Chair
                        Kathy Campbell
                        Steve Svoboda
                        Darlene Tussing

 Commissioners Absent:  Larry Hudkins

       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 Tuesday, November 25, 1997.  (A copy of these minutes
    is on file in the Office of the Lancaster County Clerk.)

MOTION: Tussing moved and Campbell seconded approval of the minutes
	of November 25, 1997.  On call Campbell, Svoboda and Tussing
	voted aye.  Steinman abstained.  Motion carried.

2)  ADDITIONS AND DEDUCTIONS:

    Approval of 14 additions and deductions to the tax assessment rolls
    per Exhibit "A".  (97-371) (97-379)

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

3)  APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS:

    Calvary Community Church
    Developmental Services of Nebraska, Inc.
    The Madonna Foundation

MOTION: Tussing moved and Campbell seconded approval of motor vehicle
	tax exemptions for Developmental Services of Nebraska, Inc. and
	The Madonna Foundation and approval of a motor vehicle tax
        exemption for Calvary Community Church subject to the vehicle
	being registered and titled in the applicant's name.  On call
	Svoboda, Tussing, Campbell and Steinman voted aye.  Motion
	carried.

There being no further business the meeting was adjourned by the Chair.








                                MINUTES
                LANCASTER COUNTY BOARD OF COMMISSIONERS
                       COMMISSIONERS HEARING ROOM
                   FIRST FLOOR, COUNTY-CITY BUILDING
                       TUESDAY, DECEMBER 2, 1997
                               1:30 P.M.

Commissioners Present:  Linda Steinman, Chair
                        Kathy Campbell
                        Steve Svoboda
                        Darlene Tussing

 Commissioners Absent:  Larry Hudkins

       Others Present:  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 Tuesday, November 25, 1997.  (A copy of the minutes
    is on file in the Office of the Lancaster County Clerk.)

MOTION: Tussing moved and Campbell seconded approval of the minutes of
	November 25, 1997.  On call Campbell, Svoboda and Tussing voted
	aye.  Steinman abstained.  Motion carried.

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

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

3)  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:

    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.  (97-436) (R-5604)

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

Robert Downey, Executive Director of the Capital Humane Society, appeared
and offered testimony in support of the impoundment fees.  He explained
one way to create more responsibilities for pet owners in rural areas of
the county is by adopting fees which would encourage individuals not to
become repeat offenders.  He also noted that the adoption of the fees
would alleviate some of the bill which the County pays in relation to
stray animals.

Jim Weverka, Manager of the Lincoln Animal Control Program, appeared and
testified in support of the fees.  He noted the fees are comparable with
the City's fees.

Dorothy Bush, co-founder of the Mickle-Bush Neuter/Spay Foundation,
appeared and testified in support of the resolution.  She explained she
would like to see the County differentiate between altered and unaltered
pets by doubling the fees for an unaltered pet.

Steinman asked if the City has a larger fee for unaltered pets.

Downey explained that the issue is dealt with in the licensing fee by
charging a higher fee for unaltered pets.  He said if a pet is impounded
three times within a year the City requires a $40 deposit, in addition
to all other fees, if the pet is unaltered.  If the owner gets the pet
spayed or neutered within 30 calendar days the $40 deposit is used toward
the surgery.

The Chair asked if anyone wished to speak in opposition or in a neutral
position.

Kerry Eagan, Chief Administrative Officer, appeared in a neutral position
and requested the report and recommendations from the Small Animal Task
Force be made a part of the record (Exhibit A).

Diane Staab, Deputy County Attorney, suggested the resolution include
language that the $10 deposit regarding rabies vaccination be refundable
if proof of the vaccination is provided within five days.

There being no further testimony the Chair closed the public hearing.

MOTION: Campbell moved and Tussing seconded to request the County
	Attorney's Office to amend Resolution 5604 to include language
	that the $10 deposit regarding rabies vaccination be refundable
	if proof of the vaccination is provided within five days and to
        also include language regarding a $40 deposit after an unaltered
	pet is impounded a third time within a one year period with the
	deposit being refundable if the owner of the pet complies with
        the requirement that the pet be spayed or neutered within 30
	calendar days.  On call Steinman, Svoboda, Tussing and Campbell
	voted aye.  Motion carried.

5)  NEW BUSINESS:

    A.  Approval of an Emergency Preparedness Plan for the Upper Little
	Nemaha Watershed dam site number 21 for the safety of citizens
	and property near Bennet, Nebraska, to prevent or minimize
	disruption of public services and to assign responsibilities
	for coordination of emergency response forces.  (97-435)
        (M-6551)

MOTION: Tussing moved and Svoboda seconded approval.

Eagan indicated Sheriff Wagner had suggested that on page 11 of the plan
the telephone number should be either 911 or 441-6000.  Also suggested
by Sheriff Wagner was that Emergency Services should be higher on the
list of contacts in the event there is a breach of the dam.

Eagan added that Erik Hubl, County Assessor's Office, would provide a
map which should be made a part of the document.

Lynn Heng, Assistant Manager of the Nemaha Natural Resources District,
appeared and indicated the revisions suggested by Sheriff Wagner have
been completed.

ROLL CALL: Svoboda, Tussing, Campbell and Steinman voted aye.  Motion
	carried.

    B.  A request from Hal V. Kennedy for a refund of $133.96 in real
	estate taxes for 1995 and $142.62 for 1996.  (97-421) (M-6550)

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

    C.  A political subdivision tort claim for $41.50 filed against the
	Corrections Department by Michael Ellis for loss of a radio.
	(97-434)

The Clerk indicated a request had been received to defer the item to
Tuesday, December 9, 1997 at 1:30 p.m.

The Board voiced no objections.

    D.  A political subdivision tort claim for $100,000 filed against
	the Health Department by Brian and Kelli Hughes for damages.
	(97-327)

The Clerk said a request had been received to reschedule the claim for
Tuesday, December 16, 1997 at 1:30 p.m.

The Board voiced no objections.

    E.  Approval of settlement of suit filed by Peggy Sutton against the
	Lancaster County Attention Center for Youth, for $13,000.

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

    F.  Appointment of Anh-Tony Quang Tran and Lorena Pulgarin to the
	Attention Center Advisory Committee.  (97-404) (97-454)

MOTION: Tussing moved and Campbell seconded approval.  On call Svoboda,
	Tussing, Campbell and Steinman 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.  Setting of public hearings for Tuesday, December 16, 1997 at
	1:30 p.m. in the Commissioners Hearing Room on the first floor
	of the County-City Building:

        1.  Special Permit, requested by SBA, Inc., for authority to
	    construct and operate a 300 foot wireless communications
	    broadcast tower on property located north of 162nd Street
	    and Alvo Road in Lancaster County, Nebraska.  (County
	    Special Permit Number 152)

        2.  Change of Zone, from AG Agricultural to AGR Agricultural
	    Residential, requested by Arnold Bentzinger, on property
	    located north and west of the corner of Southwest 14th
	    Street and Wittstruck Road in Lancaster County, Nebraska.
	    (County Change of Zone Number 177)

    B.  Renewal of a lease agreement with the Lincoln Airport Authority
	for storage of aircraft for the Sheriff's Office, for $1,224,
	beginning January 1, 1998 and ending December 31, 1998.  (97-426)
	(C-8817)

    C.  Contracts relating to road improvements with the following:

        Landowner             Location               Amount

        Art and Don Althouse  North 134th Street     $10
        (97-437) (C-8818)    and Fletcher Avenue

        Clarence A. Althouse, On North 141st Street  Donation
        Jr.  (97-438)         near Waverly Road
        (C-8819)

        Robert M and Viola    On West Denton Road    $883.50
        C. Sanks (97-439)     near Southwest 126th
        (C-8820)              Street

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

7)  ANNOUNCEMENTS:

    A.  The Lancaster County Board of Commissioners will hold a meeting
	on Thursday, December 4, 1997 at 8:30 a.m. in the Fourth Floor
	Conference Room in the County-City Building.

    B.  A public hearing will be held on Tuesday, 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.

    C.  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.

The Clerk also announced that the County Board will meet on Thursday,
December 4, 1997 at noon in the Conference Room at the Community Mental
Health Center at 2200 St. Mary's Avenue with representatives of
surrounding counties to discuss coming changes in tax levying powers and
related provisions of Nebraska law enacted as Legislative Bill 1085 in
1996.

8)  OTHER BUSINESS:

Bob VanValkenburg, 7921 Reno Road, appeared and made the following
suggestions to the County Board:

Make official gesture to the Mayor of the City of Lincoln regarding the
recent snow emergency.
Work on a solution to the parking problems.
Consider making the duties of the County Assessor a state function.

9)  ADJOURNMENT:

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

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