Lancaster County
Board of Commissioners
Board of Commissioners
AGENDA for a Meeting of the Lancaster County Board of Commissioners to Be Held Tuesday, February 24, 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, February 17, 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 24, 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. Presentation of the Volunteer of the Month Award to Susan Budler for her services with the Lincoln-Lancaster County Health Department. (98-144) 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) OLD BUSINESS: A resolution for the vacation of a portion of West Panama Road at Southwest 58th Street in Lancaster County, Nebraska. (98-305) 5) PUBLIC HEARINGS: A. A County Special Permit, Branched Oak Lakeside Acres Community Unit Plan, requested by WTK Company, Inc., consisting of 11 acreage lots with private roads on property located west of Branched Oak Lake on Northwest 140th Street and West Rock Creek Road in Lancaster County, Nebraska. (County Special Permit Number 154) (98-231) (98-388) B. A County Final Plat for Branched Oak Lakeside Acres, requested by WTK Company, Inc., consisting of 11 residential lots on property located west of Branched Oak Lake on Northwest 140th Street and West Rock Creek Road in Lancaster County, Nebraska. (County Final Plat Number 97040) (98-232) (98-398) C. Comprehensive Plan Amendment Number 20a and 20b, pursuant to the 1998 Comprehensive Plan Annual Review, requested by Lincoln Benefit Life and Firethorn Investment Company to revise the Lincoln Land Use Plan for property located southeast of 84th and Van Dorn streets, from Low Density Residential to Commercial. (98-333) (98-390) 6) NEW BUSINESS: A. A resolution authorizing the execution and delivery of a quitclaim deed in connection with Lancaster County Industrial Development Revenue Bond Series A (Metromail Corp. Project), July 1, 1980. B. Authorization for Chinn Planning, Inc. to proceed with Phase II of the Juvenile Assessment Study, Analysis and Options, at a cost not to exceed $51,190 as stipulated in Contract 97-17. C. Authorization for County Attorney to sign a stipulation extending the use of cash collateral to April 30, 1998, in the bankruptcy case for Weaver's Potato Chip, Inc. (98-392) D. An application from Galaxy Cablevision to install fiber optic cable in County rights-of-way on North 112th Street proceeding east on Adams Street, north on 134th Street and ending in Waverly, Nebraska, at no cost to the County. (98-395) E. Two contracts with Robert Mook for appraisal services, for a total of $9,400, in connection with the acquisition of right-of-way at the following locations: 1. On North 1st Street from Fletcher Avenue to McKelvie Road. (98-397) 2. On South 1st Street from Pioneer Boulevard to Calvert Street. (98-396) F. A political subdivision tort claim filed against the Corrections Department by Andrew M. Eklund for damaged property, for $20. (98-391) G. Appointments to the Lancaster County Extension Board: (98-325) Name Term to Expire Karen (Kit) Dimon November, 2000 Alice L. Doane November, 2000 Jessie Snover November, 2000 H. An application for a Special Events Permit from the Lincoln-Lancaster County Habitat for Humanity to hold a fundraiser bicycle ride on Saturday, July 11, 1998 at 8 a.m. beginning in Roca, Nebraska and proceeding east on Roca Road, south on 110th Street, west on Washington Road to Hickman Road with the short route returning to Roca Road on 68th Street and the long route continuing on Hickman Road to Highway 77 north to Roca Road. (98-120) 1) 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, March 10, 1998 at 1:30 p.m. in the Commissioners Hearing Room, #112, on the first floor of the County-City Building regarding the allocation of Keno funds. B. Two contracts relating to road improvements with School District 160 (Norris Public Schools) at South 68th Street and Princeton Road, for $55. (98-393) (98-394) 2) EXECUTIVE SESSION REGARDING THE SALE OF REAL ESTATE 9) ANNOUNCEMENTS: A. The Lancaster County Board of Commissioners will hold a meeting on Thursday, February 26, 1998 at 8 a.m. in the Conference Room, #113, on the first floor of the County- City Building. B. A public hearing will be held on Monday, March 2, 1998 at 4 p.m. in the City Council/County Commissioners Hearing Room located on the first floor of the County-City Building for the 1998 annual review of the 1994 Lincoln- Lancaster County Comprehensive Plan and the 33 separate Comprehensive Plan Amendments. (98-293) C. Public hearings will be held on Tuesday, March 3, 1998 at 1:30 p.m. in the Commissioners Hearing Room located on the first floor of the County-City Building for the following: 1. Vacation of a portion of Wittstruck Road in conjunction with the construction of the Upper Little Nemaha Natural Resource District Dam Number 21. (98-201) 2. Vacation of a part of Lot Three, Block One, Deer Park Addition as platted in the City of Waverly, Nebraska and located in Section 21, Township 11 North, Range 8 East of the 6th Principal Meridian in Lancaster County, Nebraska. (98-202) 3. Vacation of a portion of Capitol Parkway, adjacent to Pioneer Heights, near South 84th street and Mandarin Circle. (98-203) 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. 10) EMERGENCY ITEMS AND OTHER BUSINESS: 11) 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.) 12) 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 report from the following: Clerk of the District Court (98-375) Lincoln City Libraries. (98-326) B. Annual Report from Norris Public Power District (98-330)
AGENDA for a Meeting of the Lancaster County Board of Equalization to Be Held Tuesday, February 24, 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, February 17, 1998. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 43 additions and deductions to the tax assessment rolls per Exhibit "A". (98-378) 3) MOTOR VEHICLE TAX EXEMPTIONS: CenterPointe, Inc. Good News Broadcasting Association, Inc. Goodwill Industries Serving Southeast Nebraska Inc. Martin Luther Homes of Nebraska, Inc. Nebraska Wesleyan University Project Youth of Lincoln Saint Elizabeth Community Health Center University of Nebraska Foundation
Minutes Lancaster County Board of Commissioners Commissioners Hearing Room First Floor, County-City Building Tuesday, February 24, 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, February 17, 1998. (A copy of the minutes is on file in the Office of the Lancaster County Clerk.) MOTION: Svoboda moved and Tussing seconded approval of the minutes of February 17, 1998. On call Hudkins, Steinman, Svoboda and Tussing voted aye. Campbell abstained. Motion carried. 2) CLAIMS: Approval of all claims processed through Tuesday, February 24, 1998. MOTION: Hudkins moved and Tussing seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) ITEMS OF PUBLIC PARTICIPATION: The Volunteer of the Month Award was presented to Susan Budler for her services with the Lincoln-Lancaster County Health Department. (98-144) 4) OLD BUSINESS: A resolution for the vacation of a portion of West Panama Road at Southwest 58th Street in Lancaster County, Nebraska. (98-305) MOTION: Hudkins moved and Tussing seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. 5) PUBLIC HEARINGS: A. A County Special Permit, Branched Oak Lakeside Acres Community Unit Plan, requested by WTK Company, Inc., consisting of 11 acreage lots with private roads on property located west of Branched Oak Lake on Northwest 140th Street and West Rock Creek Road in Lancaster County, Nebraska. (County Special Permit Number 154) (98-231) (98-388) B. A County Final Plat for Branched Oak Lakeside Acres, requested by WTK Company, Inc., consisting of 11 residential lots on property located west of Branched Oak Lake on Northwest 140th Street and West Rock Creek Road in Lancaster County, Nebraska. (County Final Plat Number 97040) (98-232) (98-398) The Chair opened public hearings for a County Special Permit and Final Plat for Branched Oak Lakeside Acres and asked if anyone wished to testify in favor of the proposals. J. Michael Rierden, attorney representing the applicant, appeared and stated that when Mr. Jahde and Mr. Kimball began developing the property they wanted to asphalt a portion of the interior roads and gravel others. A boulevard entryway into the development was also planned. He stated the County Engineer had informed them that if the roads were to be public they would need to either asphalt all of them or gravel all them because of the standards. Rierden explained the developers proceeded with a Community Unit Plan which would allow them to have private roads with public access easements so that they could proceed with the asphalting that they desire. In response to a question asked by Hudkins regarding the configuration of the property, Rierden responded that the stub road to the north will be graveled. Steinman noted that it becomes too expensive for a governmental entity to provide maintenance on gravel and asphalt roads within a development. The Chair asked if anyone wished to speak in opposition or in a neutral position. Mike DeKalb, Planning Department, appeared and explained that the Board had previously requested language pertaining to notification to future lot buyers regarding road surfacing and maintenance (Exhibit A, Item 9). Hudkins stated he was not aware of the change. Larry Worrell, County Engineering Department, explained that for several weeks negotiations were held, however, the developers were adamant that they wanted "mixed" roads. The only alternative which would allow that would be the Community Unit Plan which is currently before the Board. Rierden stated he had not previously seen the Planning Department's proposed language, but they have no problem with agreeing to it. Discussion followed regarding signage for the entrance of the development with Merle Jahde, developer, explaining that they are looking at the concept of using boulders, landscaping and signage cast in a type of mortar or wood. Jahde also noted for the record that they are forming a homeowners association to maintain the paved road and the stub gravel road to the north. In response to a question asked by Hudkins, Worrell explained the County Engineering Department is uncomfortable with a boulevard type entrance because it creates an area which can drift closed in the winter. The Chair asked if anyone else wished to testify. No one appeared and the hearings were closed. MOTION: Campbell moved and Tussing seconded approval of County Special Permit 154, Resolution 98-388. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. MOTION: Tussing moved and Campbell seconded approval of County Final Plat 97040, Resolution 98-398. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. C. Comprehensive Plan Amendment Number 20a and 20b, pursuant to the 1998 Comprehensive Plan Annual Review, requested by Lincoln Benefit Life and Firethorn Investment Company to revise the Lincoln Land Use Plan for property located southeast of 84th and Van Dorn Streets, from Low Density Residential to Commercial. (98-333) (98-390) The Chair opened the public hearing and asked if anyone wished to testify in favor of the proposal. Tim Stewart, Planning Director, appeared and explained the amendments would be followed by a zoning change and plat. He stated he felt both amendments were appropriate to accommodate a growing Lincoln company. The Chair asked if anyone wished to speak in opposition or in a neutral position. No one appeared and the Chair closed the public hearing. MOTION: Campbell moved and Tussing seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. 6) NEW BUSINESS: A. A resolution authorizing the execution and delivery of a quitclaim deed in connection with Lancaster County Industrial Development Revenue Bond Series A (Metromail Corp. Project), July 1, 1980. Steven Likes, Cline Williams law firm, appeared and explained the purpose of the issue was to finance the construction and equipping of certain properties which are currently occupied by Metromail. A lease purchase agreement was entered into by the County and Metromail under which Metromail agreed to pay lease rentals. Upon payment of all lease rentals, principal and interest on the bonds all right and title would be conveyed to Metromail. Likes said the bonds were paid off in 1994 and Metromail is now requesting the County to execute documents in order to transfer all right and title to Metromail. MOTION: Campbell moved and Hudkins seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. B. Authorization for Chinn Planning, Inc. to proceed with Phase II of the Juvenile Assessment Study, Analysis and Options, at a cost not to exceed $51,190 as stipulated in Contract 97-17. Kerry Eagan, Chief Administrative Officer, appeared and explained that the first step in Phase II would be to hold a Consensus Building meeting. He recommended that a letter be sent to Karen Chinn, Chinn Planning, Inc., indicating that a Consensus Building meeting be scheduled as soon as possible. MOTION: Tussing moved and Hudkins seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. C. Authorization for County Attorney to sign a stipulation extending the use of cash collateral to April 30, 1998, in the bankruptcy case for Weaver's Potato Chip, Inc. (98-392) MOTION: Campbell moved and Tussing seconded approval. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. D. An application from Galaxy Cablevision to install fiber optic cable in County rights-of-way on North 112th Street proceeding east on Adams Street, north on 134th Street and ending in Waverly, Nebraska, at no cost to the County. (98-395) Worrell informed the Board Galaxy Cablevision had recently completed a project in southwest Lancaster County in which they had done poor work. He said the Engineering Department is in the process of recouping some of the cost to repair damage to the road. MOTION: Hudkins moved and Tussing seconded approval. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. E. Two contracts with Robert Mook for appraisal services, for a total of $9,400, in connection with the acquisition of right-of-way at the following locations: 1. On North 1st Street from Fletcher Avenue to McKelvie Road. (98-397) 2. On South 1st Street from Pioneer Boulevard to Calvert Street. (98-396) MOTION: Campbell moved and Tussing seconded approval. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. F. A political subdivision tort claim filed against the Corrections Department by Andrew M. Eklund for damaged property, for $20. (98-391) Andrew Ecklund, claimant, appeared and said Corrections had no right to damage his property. He also noted he has another claim regarding the loss of clothing. The Chair indicated they had not received his claim regarding the clothing. Diane Staab, Deputy County Attorney, stated it was clear from the report that Mr. Ecklund was to be strip searched. She noted there was a reason for the officer to look at the shoes and that the officer was entitled to pursue that. MOTION: Tussing moved and Campbell seconded to accept the recommendation from the Corrections Department and deny the claim. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. G. Appointments to the Lancaster County Extension Board: (98-325) Name Term to Expire Karen (Kit) Dimon November, 2000 Alice L. Doane November, 2000 Jessie Snover November, 2000 MOTION: Campbell moved and Tussing seconded approval. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. H. An application for a Special Events Permit from the Lincoln-Lancaster County Habitat for Humanity to hold a fundraiser bicycle ride on Saturday, July 11, 1998 at 8 a.m. beginning in Roca, Nebraska and proceeding east on Roca Road, south on 110th Street, west on Washington Road to Hickman Road with the short route returning to Roca Road on 68th Street and the long route continuing on Hickman Road to Highway 77 north to Roca Road. (98-120) The Clerk stated a request had been received from the applicant to defer the item for one week to Tuesday, March 3, 1998. 7) 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, March 10, 1998 at 1:30 p.m. in the Commissioners Hearing Room, #112, on the first floor of the County-City Building regarding the allocation of Keno funds. B. Two contracts relating to road improvements with School District 160 (Norris Public Schools) at South 68th Street and Princeton Road, for $55. (98-393) (98-394) MOTION: Steinman moved and Tussing seconded approval of the Consent Items. On call Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried. 8) EXECUTIVE SESSION REGARDING THE SALE OF REAL ESTATE MOTION: At 2:20 p.m. Campbell moved and Tussing seconded to enter into Executive Session regarding the sale of real estate. On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried. MOTION: At 2:37 p.m. Tussing moved and Hudkins seconded to exit Executive Session. On call Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried. ADJOURNMENT: MOTION: Tussing moved and Campbell seconded to adjourn. On call Hudkins, Steinman, Svoboda, Tussing and Campbell 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 24, 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, February 17, 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 February 17, 1998. On call Hudkins, Steinman, Svoboda and Tussing voted aye. Campbell abstained. Motion carried. 2) ADDITIONS AND DEDUCTIONS: Approval of 43 additions and deductions to the tax assessment rolls per Exhibit "A". (98-378) MOTION: Tussing moved and Campbell seconded approval. On call Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried. 3) MOTOR VEHICLE TAX EXEMPTIONS: CenterPointe, Inc. Good News Broadcasting Association, Inc. Goodwill Industries Serving Southeast Nebraska Inc. Martin Luther Homes of Nebraska, Inc. Nebraska Wesleyan University Project Youth of Lincoln Saint Elizabeth Community Health Center University of Nebraska Foundation MOTION: Tussing moved and Campbell seconded approval of motor vehicle tax exemptions for Good News Broadcasting Association, Inc., Goodwill Industries Serving Southeast Nebraska Inc., Martin Luther Homes of Nebraska, Inc., Nebraska Wesleyan University, Saint Elizabeth Community Health Center and University of Nebraska Foundation and to approve motor vehicle tax exemptions for CenterPointe, Inc. and Project Youth of Lincoln subject to registering vehicle(s) to the applicant. On call Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried. ADJOURNMENT: At the direction of the Chair the meeting was adjourned. Kandra Hahn Lancaster County Clerk