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Lancaster County
Board of Commissioners

1998 Regular Agendas & Minutes


Agenda to the Meeting
                           MINUTES
            Lancaster County Board Of Commissioners
                     Commissioners Chambers
               First Floor, County-City Building
                    Tuesday, August 4, 1998
                         1:30 p.m.

Commissioners Present:   Linda Steinman, Chair
                         Kathy Campbell
                         Bernie Heier
                         Larry Hudkins
                         Steve Svoboda

       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 meetings
             held onWednesday, July 22, 1998 and Tuesday, July 28, 1998. (A
             copy of the minutes is on file in the Office of the Lancaster
             County Clerk.)

   MOTION:   Hudkins moved and Svoboda seconded approval of the minutes of
             July 22and July 28, 1998. On call Campbell, Hudkins, Svoboda
             and Steinman voted aye. Heier abstained.  Motion carried.

2) CLAIMS: Approval of all claims processed through Tuesday, August 4, 1998.

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

3) ITEMS OF PUBLIC PARTICIPATION: The Clerk announced that New Business
   Item 5F would be moved forward:  A resolutionsupporting Audubon Nebraska
   in its efforts to preserve Spring Creek Prairie for education, wildlife
   and public use. (19981790)

   The Chair read Resolution 98-1790 into the record.

   MOTION:  Campbell moved and Heier seconded approval. Dave Sands,
             Executive Director of Audubon Nebraska, stated Audubon Nebraska
             has two primary missions in the state:

   -   Preservation of wildlife habitat
   -   Furthering Nebraskans appreciation of their natural
       heritage through education

   He stated the University of Nebraska had informed him that
   the parcel of land is the second largest remnant of tall
   grass prairie left in Nebraska.

   Sands reported that Nebraska Audubon has been notified they
   will receive an $82,000 grant from the Cooper Foundation
   which will establish the position of Education Director at
   the Spring Creek Prairie.  A $50,000 donation from an
   individual has also been received and preliminary approval of
   a $15,000 grant from another foundation has been given.

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

4) OLD BUSINESS:

   A.  A resolution approving a County Special Permit, Crooked
       Creek Community Unit Plan, to develop seven single family
       dwelling units, 40 two-family dwellings and two future
       dwelling units with the existing golf course and
       clubhouse, on property located south and west of the
       corner of 134th and "O" Streets in Lancaster
       County, Nebraska. (County Special Permit 151) (19981789)

   Steinman noted the street light provision had not been waived
   and asked if that was agreeable with the County Engineer.

   Mike DeKalb, Planning Department, stated Larry Worrell,
   County Surveyor, had originally requested that there be
   street lights on the lots, which would be just under one
   acre, and are located on the south side.  He noted that the
   applicant did not want lights on the south side, other than
   at the intersection of 134th Street.  DeKalb stated
   the street light provision would only add one more light on
   the south end.

   MOTION:  Campbell moved and Svoboda seconded approval of Resolution
            98-1789.  On call Heier, Hudkins, Campbell, Steinman and
            Svoboda voted aye.  Motion carried.

   B.  A resolution approving a County Preliminary Plat, Crooked
       Creek, to develop seven single family dwellings, 40 two-
       family dwellings and two future dwelling units with the existing
       clubhouse and golf course, on property located south and west of
       the corner of 134th and "O" Streets in Lancaster County,
       Nebraska. (County Preliminary Plat 97024) (19981788)

   MOTION:  Hudkins moved and Campbell seconded approval of Resolution
            98-1788.  On call Hudkins, Steinman, Svoboda, Heier and
            Campbell voted aye.  Motion carried.

5) NEW BUSINESS:

   A.  An application for a Special Designated License from the
       Wine Merchants Inc. to hold the Northeast High School 50
       Year Reunion on Friday, August 7, 1998 from 4 p.m. to 11
       p.m. at Boss Hog's located at 6305 West Adams. (19981735)
       (19981773)

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

   B.  An agreement with Mutual of Omaha for extension of the
       dental plan for County employees, effective September 1,
       1998 through August 31, 1999, at rates as specified in
       the agreement. (19981784)

   Bill Kostner, Personnel, recommended approval.

   Diane Staab, Deputy County Attorney, stated a clause had been added
   which allows the County to terminate the dental plan with a 30 day
   notice.

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

   C.  An interlocal agreement with the State of Nebraska
       Probation Administration, in the amount of $49,625, for
       electronic monitoring of County preadjudicated juvenile
       defendants on home arrest or detention, beginning July 1,
       1998 and ending June 30, 1999. (19981783)

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

   D.  An agreement with the City of Lincoln appointing
       Captain Douglas Ahlberg of the City Police Department, to
       act as Interim Director of the Lancaster County Emergency
       Services Department. (19981791)

   Captain Doug Ahlberg, Lincoln Police Department, appeared and
   thanked the Board for their vote of confidence.  He stated
   Lancaster County is blessed with great volunteers who want to
   be actively involved with public safety.

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

   E.  An addendum to an agreement with Bryan/Lincoln General
       Hospital regarding payment to nursing staff at the
       Community Mental Health Center. (19981782)

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

   F.  A resolution supporting Audubon Nebraska in its efforts
       to preserve Spring Creek Prairie for education, wildlife
       and public use. (19981790)

   Action previously taken.

   G.  Authorization of the installation and removal of traffic signs:
       (19981770)

       Removal of "55 Mile Per Hour" speed limit signs on the following
       streets/roads:

       North 14th Street north of McKelvie Road for
       northbound traffic

       North 14th Street south of McKelvie Road for
       southbound traffic

       North 14th Street north of Alvo Road for
       northbound traffic

       North 14th Street south of Alvo Road for
       southbound traffic

       South 56th Street north of Yankee Hill Road for
       northbound traffic

       South 56th Street north of Saltillo Road for
       northbound traffic

       South 56th Street south of Rokeby Road for
       southbound traffic

       Panama Road west of South 148th Street for
       eastbound traffic

       Installation of "55 Mile Per Hour" speed limit
       signs on the following streets/roads:

       Agnew Road east of Highway 77 for eastbound traffic

       Davey Road west of the Davey village limits for westbound traffic

       West Raymond Road west of Highway 79 for westbound traffic

       West Raymond Road east of Northwest 48th Street
       for eastbound traffic

       Waverly Road west of Highway 77 for westbound traffic

       Waverly Road east of Highway 77 for eastbound traffic

       North 141st Street north of the north village
       limit of Waverly for northbound traffic

       Northwest 112th Street south of the Malcolm Road
       for southbound traffic

       Northwest 112th Street north of Highway 34 for
       northbound traffic

       Northwest 112th Street south of Highway 34 for
       southbound traffic

       Northwest 126th Street south of Highway 34 for
       southbound traffic

       Northwest 126th Street north of Highway 6 for
       northbound traffic

       Northwest 84th Street north of West Heaven Road
       in Emerald for northbound traffic

       Adams Street east of North 84th Street for
       eastbound traffic

       South 134th Street south of Highway 34 for
       southbound traffic

       South 120th Street south of Highway 34 for
       southbound traffic

       A Street west of the Walton village limits for westbound traffic

       A Street east of the Lincoln City limits for eastbound traffic

       Pine Lake Road east of South 84th Street for
       eastbound traffic

       South 84th Street south of Highway 2 for
       southbound traffic

       Denton Road west of Highway 77 for westbound traffic

       West Denton Road east of Denton for eastbound traffic

       Saltillo Road east of Highway 77 for eastbound traffic

       Roca Road east of the Roca village limits for eastbound traffic

       Southwest 29th Street north of Highway 33 for
       northbound traffic

       Southwest 114th Street south of Highway 33 for
       southbound traffic

       West Martell Road east of the Martell village limit for
       eastbound traffic

       West Martell Road west of Southwest 14th Street
       for westbound traffic

       West Sprague Road west of the Sprague village limit for
       westbound traffic

       West Sprague Road east of Southwest 14th Street
       for eastbound traffic

       West Sprague Road west of Highway 77 for westbound traffic

       outh 68th Street north of the Hickman
       village limits for northbound traffic

       South 68th Street south of Hickman village limits
       for southbound traffic

       Panama Road west of the Holland village limits for
       westbound traffic

       Panama Road east of the Holland village limits for
       eastbound traffic

       West Hallam Road west of the Hallam village limits
       for westbound traffic

       Firth Road east of Highway 77 for eastbound traffic

       Firth Road west of the village limits of Firth for
       westbound traffic

       Firth Road east of the village limits of Firth for
       eastbound traffic

       Firth Road west of Highway 43 for westbound traffic

   Heier asked what is put up in place of a sign which has been removed.

   Hudkins explained that when leaving a state roadway and
   entering onto a county roadway the speed limit would be
   posted one time, however, it is not posted every mile
   thereafter.  He stated the resolution before the Board
   removes the excess signage and does not change the speed limits.

   Heier explained that his concern with removing the signs and
   not informing the driving public is who suffers the
   consequences when a driver enters onto a roadway at the mile
   corner and doesn't know the speed limit.  He asked why the
   signage is being removed if it's already there.

   Hudkins stated the signs are being removed due to the high
   cost of maintaining them.

   Campbell suggested deferring action on the resolution for one week.

   MOTION: Campbell moved and Hudkins seconded to place the item on
           pending and request that the County Engineer give the County
           Board a briefing next Tuesday, August 11, 1998.  On call
           Steinman, Svoboda, Heier, Campbell and Hudkins voted aye.
           Motion carried.

   H.  A resolution adopting a policy for placing hazard
       markers at bridges located on County roads. (19981769)

   MOTION:  Campbell moved and Svoboda seconded approval of  Resolution
            98-1769.  On call Hudkins, Svoboda, Heier, Campbell and
            Steinman voted aye.  Motion carried.


   I.  Reappointment of Kathy Campbell to the Public Building
       Commission, effective August 1, 1998. (19981781)

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

   J.  Appointments of the following individuals to the Indigent
       Defense Advisory Committee: (19981792)

       Name of Individual     		Term to Expire

       Andrew Strotman                  May 10, 2000
       (new appointment)

       Sean Brennan (reappointment)     May 10, 2001

       Peter Katt (reappointment)       May 10, 2001

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

   K.  Request from Bernard E Heier, County Commissioner, to
       voluntarily participate in the County's retirement plan.
       (19981787)

   MOTION:  Hudkins moved and Campbell seconded approval. On call Campbell,
            Hudkins, Svoboda and Steinman voted aye. Heier abstained.
            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 a public hearing for Tuesday, August 11, 1998 at
      1:30 p.m. in the Commissioners Chambers, Room 112, on the
      first floor of the County-City Building, regarding an
      application for Class M (Bottle Club) liquor license for
      Corporate Golf Marketing Inc. dba/Yankee Hill Country Club
      located at 7600 San Mateo Lane in Lincoln, Lancaster County,
      Nebraska. (19981719)

   B. A maintenance agreement with Microfilm Imaging Systems
      for a microfilm reader for Records and Information
      Management, in the amount of $890, beginning September 1,
      1998 and ending August 31, 1999. (19981772)

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

ADJOURNMENT:

   MOTION:  Campbell moved and Hudkins seconded adjournment. On call
            Heier, Hudkins, Campbell, Steinman and Svoboda voted aye.
            Motion carried.

Kandra Hahn
Lancaster County Clerk



MINUTES Lancaster County Board Of Equalization Commissioners Chambers First Floor, County-City Building Tuesday, August 4, 1998 1:30 p.m.
Commissioners Present: Linda Steinman, Chair Kathy Campbell Bernie Heier Larry Hudkins Steve Svoboda Others Present: Norm Agena, County Assessor 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, July 28, 1998. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) MOTION: Campbell moved and Hudkins seconded approval of the minutes of July 28, 1998. On call Campbell, Hudkins, Svoboda and Steinman voted aye. Heier abstained. Motion carried. 2) ADDITIONS AND DEDUCTIONS: Approval of 10 additions and deductions to the tax assessment rolls per Exhibit A. (19981771) MOTION: Campbell moved and Hudkins seconded approval. On call Heier, Campbell, Steinman, Hudkins and Svoboda voted aye. Motion carried. 3) MOTOR VEHICLE TAX EXEMPTIONS: Fellowship Baptist Church MOTION: Campbell moved and Svoboda seconded approval of a motor vehicle tax exemption for Fellowship Baptist Church subject to the vehicle being titled and registered to the applicant. On call Steinman, Svoboda, Heier, Campbell and Hudkins voted aye. Motion carried. The Chair recessed the Board of Equalization and reconvened the meeting at 2:30 P.M. 4) APPEAL FILED IN CONNECTION WITH A PENALTY ON PERSONAL PROPERTY: Novus Auto Glass (19981653) Terry Barber, attorney representing Novus Auto Glass, appeared and stated that the personal property form has been completed since the appeal was filed and has been returned to the Assessor's office. He explained there had been a change of ownership in the spring of 1997 and that there was a bookkeeper error. Barber asked that the value be lowered to $5,500 and the penalty be waived. Agena recommended a 50 percent penalty be assessed. MOTION: Campbell moved and Hudkins seconded to accept the Assessor's recommendation and assess a 50 percent penalty on personal property for Novus Auto Glass. On call Heier, Hudkins, Svoboda, Steinman and Campbell voted aye. Motion carried. 5) APPEAL ON A HOMESTEAD EXEMPTION: Dale A and Juanita Gardner (19981678) Dale Gardner appeared and expressed his concerns regarding the denial of the homestead exemption. Steinman stated the state legislature sets the requirements and the County Board has no power to supercede the legislature. She suggested to Mr. Gardner he contact his senator regarding the issue. Campbell suggested that the County Board send a letter to the Lancaster County delegation regarding their concerns. MOTION: Campbell moved and Svoboda seconded to accept the Assessor's recommendation and deny the homestead exemption, to forward Mr. Gardner's packet of information, along with a letter from the County Board regarding their concerns to the Lancaster County delegation and to send a copy of the letter to Mr. Gardner. On call Hudkins, Svoboda, Heier, Campbell and Steinman voted aye. Motion carried. Norm Agena, County Assessor, informed the Board that the Tax Equalization and Review Commission (TERC) is seeking changes in the informal hearing process in connection with property valuations. He explained they feel "that the taxpayer and the county would be better served by prohibiting attorneys from participating in the informal hearing process". If either party (the taxpayer or the county) wants legal representation a formal hearing would be held and the unsuccessful party would pay the cost of the hearing. Agena suggested the County Attorney review the information and noted that any changes in the process would need to go through the legislature. MOTION: Campbell moved and Hudkins seconded to request the County Attorney to attend the hearings regarding the Tax Equalization and Review Commission's proposed changes and express the County Board's concerns. On call Svoboda, Heier, Steinman, Campbell and Hudkins voted aye. Motion carried. ADJOURNMENT: At the direction of the Chair the meeting was adjourned. Kandra Hahn Lancaster County Clerk

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