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Lancaster County
Board of Commissioners

1998 Regular Agendas & Minutes


AGENDA for a Meeting of the Lancaster County Board of Commissioners to Be
Held Tuesday, February 3, 1998 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, January 27, 1998.  (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,
               February 3, 1998.

 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.

     An exceptional circumstance award for Simon Rezac, an employee in the
     Clerk of the District Court Office, for $400.  (98-154)

     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)  NEW BUSINESS:

     A.  Authorization of the installation of the following traffic signs:
	 (98-207)

	        Signage          		Location

         A "Stop Ahead" sign                On South 84th Street
         				    north of Saltillo Road for
                                    	    southbound traffic

       Four hazard signs at a               On Southwest 91st Street
       bridge 				    north of West Yankee Hill Road

     B.  A resolution for Surface Transportation Funds from the Federal
         Highway Administration to improve North 84th Street north of
         Adams Street of U.S. Highway 6.  (98-208)

     C.  An agreement with the State of Nebraska, Department of Roads for
         construction work on 84th Street from Adams Street to U.S.
         Highway 6, of which $714,783 is the County's estimated share of the
         cost.  (Project No. STPAA-5249(3))  (98-209)

     D.  An agreement with the Secretary of Army granting Lancaster County a
         license for road improvement near Northwest 98th Street and
         West Raymond Road, at no cost to the County.  (98-206)

     E.  An agreement with Arthur Anderson, LLP to provide consulting
         services for County health insurance options, at a cost not to
         exceed $7,500.  (98-210)

     F.  An agreement with Sarpy County to house juveniles at the Attention
         Center for Youth, for $176.82 per juvenile, per day, commencing
         upon execution of the agreement. (98-205)

     G.  Approval of a disbursement from the Lancaster County Leasing
         Corporation Renewal and Replacement Fund to RedLine Health Care,
         for $1,791, for nine electronic thermometers for Lancaster Manor.
         (98-182)

     H.  A political subdivision tort claim filed against the Lancaster
         County Corrections Department by Raymond Rivas for damaged
         property.  (98-204)

     I.  Request from the Public Defender to retain the services of Julie B.
         Hansen to act as a deputy public defender on a temporary part-time
         basis, for $25 per hour, to assist in the representation of
         misdemeanor cases, beginning Friday, February 6, 1998.  (98-172)

 5) 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, March 3, 1998 at 1:30 p.m.
        in the Commissioners Hearing Room located on the first floor of the
        new County-City Building for the following:

        1.  A vacation of a portion of Wittstruck Road in conjunction the
            construction of the Upper Little Nemaha Natural resource
            District Dam Number 21.  (98-201)

        2.  A vacation of the east 20 feet of Lot Three, Block One, Deer
            Park Addition in Lancaster County, Nebraska (98-202)

        3.  A vacation of a portion of Capitol Parkway, adjacent to Pioneer
            Heights, near South 84th Street and Mandarin Circle.
            (98-203)

 6) ANNOUNCEMENTS:

    A.  The Lancaster County Board of Commissioners will hold a meeting on
        Thursday, February 5, 1998 at 8:30 a.m. in the Commissioners
        Conference Room on the first floor of the new County-City Building.

   B.  Public hearings will be held on Tuesday, February 10, 1998 at
       1:30 p.m. in the Commissioners Hearing Room located on the first
        floor of the new County-City Building for the following:

       1.  The vacation of a portion of West Panama Road at Southwest 58th
           Street in Lancaster County, Nebraska. (98-24) (98-47)

       2.  A special permit, requested by Randy Kumpost, to operate a
           veterinary clinic in an existing barn on property located at
           Southwest 42nd Street and West Wittstruck Road in
           Lancaster County, Nebraska. (County Special Permit Number 155)
           (98-132)

       3.  A manager application for Robert S. Pickel for the Gas N' Shop
           Inc. located at 4003 West Highway 34.  (98-127)

       4.  An application for a Class E (Beer Off Sale Only) and a Class K
           (Wine Off Sale Only) for Nebraska Retail Ventures LLC located at
           10000 South 158th Street, Bennet, Lancaster County,
           Nebraska.  (98-128)

   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.

 7)  EMERGENCY ITEMS AND OTHER BUSINESS:

 8)  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.

     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.)

9) 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.  Reports from the following:

       Map from Aliant Communications showing the routing of
       their buried telephone cable in Lancaster County.
       (98-199)


AGENDA for a Meeting of the Lancaster County Board of Equalization to Be Held Tuesday, February 3, 1998 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, January 27, 1998. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 79 additions and deductions to the tax assessment rolls per Exhibit "A". (98-180) (98-200) 3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS: Saint John's Bus Corp 5) 1997 exemption on real estate for Pine Lake Heights Congregation of Jehovah's Witnesses, Inc. (97-591)


                           MINUTES
            Lancaster County Board of Commissioners
                   Commissioners Hearing Room
               First Floor, County-City Building
                   Tuesday, February 3, 1998
                         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, January 27, 1998.  (A copy of the
               minutes is on file in the Office of the Lancaster County
               Clerk.)

MOTION:  Hudkins moved and Tussing seconded approval of the minutes
         of January 27, 1998.  On call Campbell, Hudkins, Steinman, Svoboda
         and Tussing voted aye.  Motion carried.

 2)  CLAIMS:  Approval of all claims processed through Tuesday, February 3,
	      1998.

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 was presented to Simon Rezac, an
         employee in the Clerk of the District Court Office, for $400.
         (98-154)

     B.  Larry Van Hunnik, Lancaster Manor Administrator, appeared and read
         a letter from the Nebraska Department of Health and Human Services
         offering their congratulations to himself and the staff of
         Lancaster Manor for achieving deficiency free surveys from the
         Nebraska Department of Health and Human Services Regulation and
         License and the State Fire Marshall.

 4)  NEW BUSINESS:

     A.  Authorization of the installation of the following traffic signs:
         (98-207)

          Signage          		Location

          A "Stop Ahead" sign          On South 84th Street north of
	 			       Saltillo Road for southbound traffic

          Four hazard signs at a       On Southwest 91st Street bridge north
                                       of West Yankee Hill Road

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

      B.  A resolution for Surface Transportation Funds from the Federal
          Highway Administration to improve North 84th Street north
          of Adams Street of U.S. Highway 6.  (98-208)

MOTION:   Tussing moved and Svoboda seconded approval.

Larry Worrell, County Engineering Department, explained the resolution
allows the Engineering Department to conduct an inspection for the project.

In response to a question asked by Campbell, Worrell said the contract would
be let on February 19 and would be completely in approximately one year.

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

      C.  An agreement with the State of Nebraska, Department of Roads for
          construction work on 84th Street from Adams Street to
          U.S. Highway 6, of which $714,783 is the County's estimated share
          of the cost.  (Project No. STPAA-5249(3))  (98-209)

	  Worrell stated the County would bill the City for their share of
          the cost for the project.

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

      D.   An agreement with the Secretary of Army granting Lancaster
           County a license for road improvement near Northwest 98th
           Street and West Raymond Road, at no cost to the County.  (98-206)

MOTION:   Hudkins moved and Campbell seconded approval.

In response to a question asked by Campbell, Worrell stated the project was
for "S" curve before the entrance to Branched Oak Lake.  He stated the land
belongs to the Corps of Engineers.

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

      E.   An agreement with Arthur Anderson, LLP to provide consulting
           services for County health insurance options, at a cost not to
           exceed $7,500.  (98-210)

MOTION:  Tussing moved and Svoboda seconded approval.

Steinman said the agreement would cover only the work that Arthur Anderson
LLP would perform within the specified time period.

Bill Kostner, City-County Personnel, stated that was correct and that they
would report back within a month.

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

      F.   An agreement with Sarpy County to house juveniles at the
           Attention Center for Youth, for $176.82 per juvenile, per day,
           commencing upon execution of the agreement. (98-205)

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

       G.  Approval of a disbursement from the Lancaster County Leasing
           Corporation Renewal and Replacement Fund to RedLine Health Care,
           for $1,791, for nine electronic thermometers for Lancaster Manor.
           (98-182)

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

       H.  A political subdivision tort claim filed against the Lancaster
           County Corrections Department by Raymond Rivas for damaged
           property.  (98-204)

MOTION:  Tussing moved and Campbell seconded to accept the Director's
         Director's recommendation and deny the claim because no evidence
         was found that the Corrections personnel were responsible for any
         loss or damage.  On call Campbell, Hudkins, Steinman, Svoboda and
         Tussing voted aye.  Motion carried.

      I.  Request from the Public Defender to retain the services of Julie
          B. Hansen to act as a deputy public defender on a temporary part-
          time basis, for $25 per hour, to assist in the representation of
          misdemeanor cases, beginning Friday, February 6, 1998.  (98-172)

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

 5)  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, March 3, 1998 at 1:30 p.m.
         in the Commissioners Hearing Room located on the first floor of the
         new County-City Building for the following:

         1.  A vacation of a portion of Wittstruck Road in conjunction the
             construction of the Upper Little Nemaha Natural resource
             District Dam Number 21.  (98-201)

         2.  A vacation of the east 20 feet of Lot Three, Block One, Deer
             Park Addition in Lancaster County, Nebraska (98-202)

         3.  A vacation of a portion of Capitol Parkway, adjacent to Pioneer
             Heights, near South 84th Street and Mandarin Circle.  (98-203)

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

 6)  ANNOUNCEMENTS:

     A.  The Lancaster County Board of Commissioners will hold a meeting on
         Thursday, February 5, 1998 at 8:30 a.m. in the Mayor's Conference
         Room on the second floor of the new County-City Building.

     The Chair announced the meetings held on Thursday will begin at 8 a.m.

ADJOURNMENT:

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

                      
Kandra Hahn
Lancaster County Clerk


MINUTES Lancaster County Board of Equalization Commissioners Hearing Room First Floor, County-city Building Tuesday, February 3, 1998 1:30 P.m.
Commissioners Present: Linda Steinman, Chair Kathy Campbell Larry Hudkins Steve Svoboda Darlene Tussing Others Present: Norm Agena, County Assessor Kerry Eagan, Chief Administrative Officer Kandra Hahn, County Clerk Richard Nuernberger, County Treasurer Diane Staab, Deputy County Attorney 1) MINUTES: Approval of the minutes of the Board of Equalization meeting held on Tuesday, January 27, 1998. (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 January 27, 1998. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 2) ADDITIONS AND DEDUCTIONS: Approval of 79 additions and deductions to the tax assessment rolls per Exhibit "A". (98-180) (98-200) MOTION: Campbell moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) APPROVAL OF A MOTOR VEHICLE TAX EXEMPTION: Saint John's Bus Corp MOTION: Tussing moved and Campbell seconded approval of a motor vehicle tax exemption for Saint John's Bus Corporation. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. The Chair recessed the Board of Equalization meeting and then reconvened the meeting at 2:30 p.m. 5) 1997 exemption on real estate for Pine Lake Heights Congregation of Jehovah's Witnesses, Inc. (97-591) Peter Katt, attorney representing Pine Lake Heights Congregation of Jehovah's Witness, Inc. appeared and asked Tom Diaz, representative from Pine Lake Heights, to present his testimony. Tom Diaz, gave a brief background regarding the issue and stated that he thought there may have been a problem because he had not received a 455A form indicating approval or disapproval by the Assessor, however, he was told everything was in order after checking with that Office. In response to questions asked by Katt at a previous meeting, Agena said they had mailed an increase notice in June, 1997. The notice was sent to the South 48th Street address because his office did not know of any change of address and it was not returned as being undeliverable. He explained that when the church purchased the lot on April 3, 1995 a mailing address on South 48th Street was used on their 521 form, however, when the application for exemption was received a mailing address of 6800 Pine Lake was used. Agena stated that when the exemption application was brought to the Assessor's Office the property was in the name of the South Congregation Jehovah Witnesses of Lincoln. He said the title didn't transfer, but June 12, 1997 it was transferred from the South Congregation of Jehovah Witnesses of Lincoln, Nebraska, Inc. to Pine Lake Heights Congregation of Jehovah Witnesses, Inc. The mailing address listed on that particular 521 form was 6800 Pine Lake Road and at that point the Assessor's Office changed the name on the account and the mailing address. Steinman asked if the church would have received the exemption if application was treated as a 1997 exemption. Agena stated he would have recommended denial because the applicant was not the owner of record. He stated a transfer didn't occur until a warranty deed was filed on June 12, 1997. After further discussion, Campbell suggested the County Attorney's Office review the issues regarding the mailing address and the transfer of title with the County Assessor and Commissioner Steinman. It was the consensus of the Board to request Linda Steinman, Norm Agena and the County Attorney's Office review the issues regarding the mailing address and the transfer of title. There being no further business the meeting ended. Kandra Hahn Lancaster County Clerk

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1998 Agenda History