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Lancaster County Seal
Lancaster County
Board of Commissioners

1998 Regular Agendas & Minutes


AGENDA for a Meeting of the Lancaster County Board of Commissioners to Be
Held Tuesday, March 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, March 17, 1998.  (A copy of the minutes is on
              file in the Office of the Lancaster County Clerk.)

    Approval of the minutes of the Board of Commissioners and City Council
    joint meeting held on Tuesday, March 10, 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,
             March 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.

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)  PUBLIC HEARINGS:

    County Special Permit, requested by D. Todd Boellstorff, for mining and
    excavation of soil on property located north and west of the corner of
    South 96th Street and Olive Creek Road in Lancaster County, Nebraska.
    (County Special Permit 165)  (98-497) (98-659)

5)  NEW BUSINESS:

    A. A resolution adopting a policy for placing 50 mile per hour speed
       limit signs on County highways.  (98-640)

    B.  A resolution directing the County Engineer to conduct a study
        regarding the vacation of a portion of a County road between "B"
        and Broad Streets in Princeton, Nebraska.  (98-675)

    C.  A resolution regarding the annual combined weed control program for
        the City of Lincoln submitted by the Lancaster County Noxious Weed
        Control Superintendent.  (98-657)

    D.  A three year contract with Hayes and Associates, LLC for external
        auditing services for all County funds, for $25,800, then $24,600
        per year for the optional renewal period.  (98-671)

    E.  An application from Galaxy Cablevision to install fiber optic cable
        on the following County rights-of-way: (98-639)

       Location

       From Waverly east on Waverly Road from North 141st Street
       to Northwest 105th Street

       From Waverly to Highway 79 south side of Waverly Road

       From Highway 79 to Northwest 105th Street

   F.  An addendum to a grant contract with the Consortium for Planning and
       Advocacy to continue funding for technical funding, for $3,525 and to
       cease funding for strategic planning functions.  (98-660)

   G.  Recommendation from the County Engineer and the Purchasing Agent to
       award a bid to Midwest Fence Company, for $5,025, for guardrail
       protection.  (98-672)

   H.  Recommendation from the County Engineer and the Purchasing Agent to
       award a bid to Land Construction, Inc., for $35,440.50, for
       construction of erosion control at various box culverts outlets.
       (98-673)

   I.  Request from the County Engineer for retrofitting old light bars from
       Sheriff's vehicles on Engineering vehicles, at no cost. (98-674)

   J.  Authorization of Lancaster County to participate in the
       Intergovernmental Transfer Program on behalf of Lancaster Manor.
       (98-676)

   K.  A claim, for $517.73, filed by Stephen Speicher for services rendered
       to Lancaster County in the course of representing Patti Ann Walck in
       her claim for Supplemental Social Security Income benefits.  (98-628)

   L.  A claim filed by Ron Newman, an employee of the County Engineering
       Department, for replacement of eyeglasses damaged during the course
       of his employment, for $279.20.  (98-474)

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.  Request from Duane A. Austria, Deputy County Attorney, to voluntarily
       participate in the Lancaster County Retirement Plan, having met the
       requirements.  (98-658)

   B.  A maintenance agreement with Microfilm Imaging Systems for a micro-
       film camera for the Clerk of the District Court, for $865.  (98-670)

   C.  A contract with Dwight Johnson for appraisal services in connection
       with the acquisition of right-of-way on West Davey Road near North-
       west 27th Street, for $625.  (98-669)

   D.  Contracts relating to road improvements with the following:

       Landowner        	 Location              Amount

       LeRoy and Rosemary     South 68th Street and     $2,633.63
       DeVries                Panama Road
       (2 contracts)
       (98-666) (98-667)

       Dean Otto              South 68th Street and     $10
       (98-668)               Panama Road

       Lawrence L and         South 68th Street and     $4,758.68
       Mildred Williams       Panama Road
       (4 contracts)
       (98-662) (98-663)
       (98-664) (98-665)

       Gregg Manske           Near North 162nd           $10
       (98-641)               Street and Little
                              Salt Road

       Windmill Valley        Near Highway 77            Donation
       Enterprises            and Davey Road

7) ANNOUNCEMENTS:

   A.  The Lancaster County Board of Commissioners will hold a meeting on
       Thursday, March 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 Tuesday, March 31, 1998 at 1:30 p.m.
       in the County Commissioners/City Council Chambers, Room 112, County-
       City Building regarding an application for a Class M (Bottle Club)
       liquor license from DLH Inc. dba/Prospector Court Bar located at 640
       Prospector Court in Lancaster County, Nebraska.  (98-609)

   C.  A public hearing will be held on Tuesday, April 7, 1998 at 1:30 p.m.
       in the County Commissioners/City Council Chambers, Room 112, 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. Reports from the following:

    Clerk of the District Court (98-626)

   Register of Deeds (98-636)

   1997 Portfolio Partners, Inc. Annual Report from Aetna Retirement
   Services (98-645)

   1998 Alger American Fund Annual Report from Aetna Retirement Services
   (98-644)

   1997 Variable Annuity Funds Annual Report from Aetna Retirement Services
   (98-646)


AGENDA for a Meeting of the Lancaster County Board of Equalization to Be Held Tuesday, March 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, March 17, 1998. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) 2) ADDITIONS AND DEDUCTIONS: Approval of 22 additions and deductions to the tax assessment rolls per Exhibit "A". (98-638) (98-647) 3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS: Women In Community Service Inc. 4) APPROVAL OF 1998 451 TAX EXEMPTION APPLICATIONS ON REAL AND PERSONAL PROPERTY PER EXHIBIT B (98-561) 5) APPROVAL OF 1998 451 TAX EXEMPTION APPLICATIONS ON REAL AND PERSONAL PROPERTY WITH LATE FILING PENALTY PER EXHIBIT C (98-562) 6) APPROVAL OF 1998 PARTIAL TAX EXEMPTIONS ON REAL AND PERSONAL PROPERTY PER EXHIBIT D (98-555)


                                 MINUTES
                  Lancaster County Board of Commissioners
                         Commissioners Chambers
                    First Floor, County-City Building
                         Tuesday, March 24, 1998
                               1:30 p.m.

Commissioners Present:  Kathy Campbell, Vice Chair
                        Larry Hudkins
                        Steve Svoboda
                        Darlene Tussing

 Commissioners Absent:  Linda Steinman

       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, March 17, 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 March 17, 1998.  On call Campbell, Hudkins and Svoboda
              voted aye.  Tussing was absent from voting.  Motion carried.

Approval of the minutes of the Board of Commissioners and City Council joint
meeting held on Tuesday, March 10, 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 March 10, 1998.  On call Hudkins, Svoboda and Campbell
              voted aye.  Tussing was absent from voting.  Motion carried.

2)  CLAIMS: Approval of all claims processed through Tuesday, March 24, 1998

      MOTION: Svoboda moved and Hudkins seconded approval.  On call Svoboda,
              Campbell and Hudkins voted aye.  Tussing was absent from
              voting.  Motion carried.

(Tussing entered the chambers.)

3)  ITEMS OF PUBLIC PARTICIPATION:

    The Clerk asked if anyone present requested a change in the agenda.
    No requests were made and the meeting proceeded as printed.

4)  PUBLIC HEARINGS:

    County Special Permit, requested by D. Todd Boellstorff, for mining and
    excavation of soil on property located north and west of the corner of
    South 96th Street and Olive Creek Road in Lancaster County,
    Nebraska.  (County Special Permit 165)  (98-497) (98-659)

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

    Ann and Todd Boellstorff presented the application.

    Mrs. Boellstorff stated she and her husband are the owners of a small
    excavating company and have been in business for approximately seven
    years.  She explained they are seeking the special permit for the
    extraction of soil and sand from a parcel of land located west and
    south of 96th Street and Olive Creek road.  Mrs. Boellstorff stated
    it would be beneficial to the community by providing the materials
    locally, insuring prompt dependable delivery at a better rate than
    material hauled in from a distance.

    Mrs. Boellstorff stated they have tried to foresee all problems and
    scenarios, noting they have addressed the conditions of the Special
    Permit.  She stated they have included grading maps showing the existing
    and proposed contours, as well as the projected excavation and grades.
    The excavation will not alter the groundwater.  Diversion dikes, catch
    basins and silt fence will be used for erosion control and top soil
    which is stripped away will be kept on site for redistribution at the
    conclusion of the process.

    In addition, the Boellstorff's have agreed to meet the additional
    requirements recommended by the Lower Platte Natural Resource District,
    Department of Environmental Quality, State Game and Parks Commission and
    the County Engineer.  These requirements include the following:

    -  A NPDES permit which authorizes stormwater discharge from
       a construction site greater than five acres
    -  A 404 permit from the Army Corps of Engineers designating
       wetlands will not be impacted
    -  Floodplain identification
    -  Deposits for rocking of roads and access driveways

    In response to a question asked by Campbell, Todd Boellstorff, stated
    the sand based clay is used in residential construction.

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

    No one appeared and the public hearing was closed.

    MOTION:  Tussing moved and Hudkins seconded approval of Resolution
            98-659.  On call Svoboda, Tussing, Campbell and Hudkins voted
            aye.  Motion carried.

5)  NEW BUSINESS:

    A. A resolution adopting a policy for placing 50 mile per
       hour speed limit signs on County highways.  (98-640)

    MOTION:  Tussing moved and Svoboda seconded approval of Resolution
             98-640.  On call Tussing, Campbell, Hudkins and Svoboda voted
             aye.  Motion carried.

    B.  A resolution directing the County Engineer to conduct a study
        regarding the vacation of a portion of a County road between "B" and
        Broad Streets in Princeton, Nebraska.  (98-675)

    MOTION:  Hudkins moved and Tussing seconded approval of Resolution
            98-675.  On call Campbell, Hudkins, Svoboda and Tussing voted
            aye.  Motion carried.

    C.  A resolution regarding the annual combined weed control program for
        the City of Lincoln submitted by the Lancaster County Noxious Weed
        Control Superintendent.  (98-657)

    Campbell noted the City Council and County Board heard a report on the
    combined program at the Commons meeting.

    MOTION:  Hudkins moved and Tussing seconded approval of Resolution
             98-657.  On call Hudkins, Svoboda, Tussing and Campbell voted
             aye.  Motion carried.

    D.  A three year contract with Hayes and Associates, LLC for external
        auditing services for all County funds, for $25,800, then $24,600
        per year for the optional renewal period.  (98-671)

    Campbell noted for the record that the County had formed a committee
    consisting of financial employees from different departments who
    interviewed firms and then made a recommendation.

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

    E.  An application from Galaxy Cablevision to install fiber optic cable
        on the following County rights-of-way: (98-639)

        Location

        From Waverly east on Waverly Road from North 141st Street to
        Northwest 105th Street

        From Waverly to Highway 79 south side of Waverly Road

        From Highway 79 to Northwest 105th Street

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

    F.  An addendum to a grant contract with the Consortium for Planning and
        Advocacy to continue funding for technical funding, for $3,525 and
        to cease funding for strategic planning functions.  (98-660)

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

    G.  Recommendation from the County Engineer and the Purchasing Agent to
        award a bid to Midwest Fence Company, for $5,025, for guardrail
        protection.  (98-672)

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

    H.  Recommendation from the County Engineer and the Purchasing Agent to
        award a bid to Land Construction, Inc., for $35,440.50, for
        construction of erosion control at various box culverts outlets.
        (98-673)

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

   I.  Request from the County Engineer for retrofitting old light bars from
       Sheriff's vehicles on Engineering vehicles, at no cost. (98-674)

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

   J.  Authorization of Lancaster County to participate in the Intergovern-
       mental Transfer Program on behalf of Lancaster Manor.  (98-676)

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

   K.  A claim, for $517.73, filed by Stephen Speicher for services rendered
       to Lancaster County in the course of representing Patti Ann Walck in
       her claim for Supplemental Social Security Income benefits.  (98-628)

   Diane Staab, Deputy County Attorney, stated the attorney didn't notify
   the Board prior to accepting the case, however, he has asked that the
   requirement be waived.

   Staab added that the County would not have been reimbursed if
   not for Mr. Speicher's efforts.

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

    L.  A claim filed by Ron Newman, an employee of the County Engineering
        Department, for replacement of eyeglasses damaged during the course
        of his employment, for $279.20.  (98-474)

    Larry Worrell, County Engineering Department, recommended approval of
    the claim.

    MOTION:  Hudkins moved and Tussing seconded approval.

    Staab stated Mr. Newman wasn't wearing safety goggles because it was
    difficult for him to see with that type of goggle.  She added Sue
    Eckley, Workers Compensation and Risk Management Manager, is researching
    the matter and looking into different type of shields.

    Staab recommended approval of the claim.

    ROLL CALL:  Campbell, Hudkins, Svoboda and Tussing 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.  Request from Duane A. Austria, Deputy County Attorney, to
        voluntarily participate in the Lancaster County Retirement Plan,
        having met the requirements.  (98-658)

    B.  A maintenance agreement with Microfilm Imaging Systems for a micro-
        film camera for the Clerk of the District Court, for $865. (98-670)

    C.  A contract with Dwight Johnson for appraisal services in connection
        with the acquisition of right-of-way on West Davey Road near North-
        west 27th Street, for $625.  (98-669)

    D.  Contracts relating to road improvements with the following:

        Landowner                Location                Amount

       LeRoy and Rosemary     South 68th Street and     $2,633.63
       DeVries                Panama Road
       (2 contracts)
       (98-666) (98-667)

       Dean Otto              South 68th Street and     $10
       (98-668)               Panama Road

       Lawrence L and         South 68th Street and     $4,758.68
       Mildred Williams       Panama Road
       (4 contracts)
       (98-662) (98-663)
       (98-664) (98-665)

       Gregg Manske           Near North 162nd            $10
       (98-641)               Street and Little
                              Salt Road

       Windmill Valley        Near Highway 77            Donation
       Enterprises            and Davey Road

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

ADJOURNMENT:

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

                           
Kandra Hahn
Lancaster County Clerk

MINUTES Lancaster County Board of Equalization Commissioners Chambers First Floor, County-City Building Tuesday, March 24, 1998 1:30 P.m.
Commissioners Present: Kathy Campbell, Vice Chair Larry Hudkins Steve Svoboda Darlene Tussing Commissioners Absent: Linda Steinman 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, March 17, 1998. (A copy of these minutes is on file in the Office of the Lancaster County Clerk.) MOTION: Hudkins moved and Svoboda seconded approval of the minutes of March 17, 1998. On call Campbell, Hudkins and Svoboda voted aye. Tussing was absent from voting. Motion carried. 2) ADDITIONS AND DEDUCTIONS: Approval of 22 additions and deductions to the tax assessment rolls per Exhibit "A". (98-638) (98-647) MOTION: Svoboda moved and Hudkins seconded approval. On call Hudkins, Svoboda and Campbell voted aye. Tussing was absent from voting. Motion carried. 3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS: Women In Community Service Inc. MOTION: Hudkins moved and Svoboda seconded approval of a motor vehicle tax exemption for Women In Community Service Inc. On call Svoboda, Campbell and Hudkins voted aye. Tussing was absent from voting. Motion carried. Campbell recessed the Board of Equalization meeting until 2:30 p.m. The meeting was reconvened at 2:30 p.m. 4) APPROVAL OF 1998 451 TAX EXEMPTION APPLICATIONS ON REAL AND PERSONAL PROPERTY PER EXHIBIT B (98-561) MOTION: Hudkins moved and Svoboda seconded approval. On call Campbell, Hudkins, Svoboda and Tussing voted aye. Motion carried. 5) APPROVAL OF 1998 451 TAX EXEMPTION APPLICATIONS ON REAL AND PERSONAL PROPERTY WITH LATE FILING PENALTY PER EXHIBIT C (98-562) MOTION: Tussing moved and Hudkins seconded approval. On call hudkins, Svoboda, Tussing and Campbell voted aye. Motion carried. 6) APPROVAL OF 1998 PARTIAL TAX EXEMPTIONS ON REAL AND PERSONAL PROPERTY PER EXHIBIT D (98-555) Fellowship Church of God Leonard Hill, representing Fellowship Church of God, appeared and indicated they have completed leveling the ballpark and hope it will be completed by June 15. After completion of the ball diamond they will begin work on the volleyball and horseshoe courts. Norm Agena, County Assessor, stated that if the ball diamond is completed prior to August 15 the church may reapply for exemption. At that time the Assessor's Office would look at the remaining portion of land not being used and make an adjustment. MOTION: Hudkins moved and Tussing seconded approval of the 1998 partial tax exemptions on real and personal property. On call Hudkins, Svoboda, Tussing and Campbell voted aye. Motion carried. ADJOURNMENT: At the direction of the Vice Chair the meeting was adjourned. Kandra Hahn Lancaster County Clerk

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