Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
1) MINUTES:
Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, March 04, 1997. (A copy of these
minutes is on file in the Office of the Lancaster County
Clerk.)
2) CLAIMS:
Approval of all claims processed through Tuesday, March 11,
1997, with the exception that the vote of any Commissioner
who might have a conflict of interest in the payment of any
claim shall be deemed an abstention from approval for such
claims alone.
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:
A. Application for a Class E (Beer Off Sale Only) and a
Class M (Bottle Club) liquor license for Todd Hoyer and
Cindy Wohl dba/The Kramer Bar (formerly known as the J
& C Country Bar and Grill) located in Kramer, Lancaster
County, Nebraska.
B. Proposed changes to the Lincoln-Lancaster County Air
Pollution Control Program Regulations and Standards and
adoption of recent federal standards to correct errors
and to provide clarifying language.
C. Request from Todd Lewis to validate five warranty deeds
(Instrument Numbers 95-10975, 95-12179, 95-10976, 95-10977
and 95-12180).
5) OLD BUSINESS:
Request from Bret and Kim Davis and Dave and Sharon
Friedeman for a resolution in support of relaxation of
road-building standards of the State Board of Public Roads
Classification and Standards for the purpose of graveling
West Davey Road between Northwest 27th and Northwest 40th
Streets at the requesters' expense.
6) NEW BUSINESS:
A. Manager application for Henry D. Sader III in
connection with a liquor license for the Lincoln Izaak
Walton League in Bennet, Lancaster County, Nebraska.
B. A release from Lancaster County to State Farm Insurance
Companies in consideration for $2,494.59 to release
Lancaster County's subrogation claim relating to a work
related injury of Melissa Koci.
C. Establishment of an open meetings policy for the
Lancaster County Board of Commissioners (Resolution
Number 5465).
D. Amendment to the 1993 Lincoln-Lancaster County Air
Pollution Control Program regulations and standards,
correcting errors and incorporating and reflecting new
revisions to state or federal law (Resolution Number
5466).
E. A resolution and quitclaim deed authorizing an exchange
of real property with the City of Lincoln creating a
tenancy in common for the property of the new County-City
Building, the proposed Hall of Justice, the
Election Commissioner Building and the west parking lot
(Resolution Number 5467).
F. Change order number one from Don McKinney, Inc. for
general construction, for $2,170, in connection with
the Lancaster County Engineering Department Waverly
Station remodel.
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
consideration of:
A. Monthly reports for the following:
Lancaster County Clerk
Lancaster Manor
Lancaster County Records and Information Management
B. Setting of a public hearing for Tuesday, April 1, 1997
at 1:30 p.m. in the County Commissioners Hearing Room,
First Floor, County-City Building for County Change of
Zone Number 139, requested by LeRoy F. Busboom, from AG
Agriculture to AGR Agricultural Residential, on
property located at the northeast corner of Southwest
112th Street and West Pioneers Boulevard in Lancaster
County, Nebraska.
C. Request from Debbora A. Day, an employee of the
Lancaster County Veterans Service Center, to
voluntarily participate in the County Retirement Plan,
having met the requirements.
D. Two service agreements between Lancaster County and ABC
Pest Control for termite and pest control at the
Lancaster Correctional Facility and the Corrections
Department, for a total amount of $2,300.
E. User's agreements between Lancaster County and the
following for remote access to Lancaster County records
at a rate of $.013 per transaction:
Rape/Spouse Abuse Crisis Center
Jo Seefeld
E. Contracts between the Lancaster County Engineering
Department and the following:
LANDOWNER LOCATION AMOUNT
Ron L. and Carol On Saltillo Road near Land
Domina DeBoer South 112th Street donation
and $90
Russell and On Southwest 29th Land
Kathleen Egger Street near West donation
Hallam Road
Francke Farms, On South 176th Street Land
Inc. near Pioneers Boulevard donation
Dolores K. Krull On Mill Road near $21.50
Highway 77
Dave Nielsen On Mill Road near $10
Highway 77
8) ANNOUNCEMENTS:
A. Public hearings will be held on Tuesday, March 18, 1997
at 1:30 p.m. in the County Commissioners Hearing Room,
First Floor, County-City Building regarding the
following:
1. Change of Zone No. 165, from AG Agricultural to
AGR Agricultural Residential, requested by Harry
Muhlbach, on property located west of North 56th
(Hwy 77) between Mill Road and Raymond Road in
Lancaster County, Nebraska.
2. Change of Zone No. 169, from "I" Industrial and
"R" Residential to "B" Business, requested by
Todd Wicken, on property located at the northeast
corner of Highway 77 (South 12th) and Broad Street
in Princeton, Lancaster County, Nebraska.
3. Change of Zone No. 170, from AG Agricultural to
AGR Agricultural Residential, requested by
Lawrence Conway, on property located approximately
one-quarter of a mile west of U.S. Highway No. 77,
on the north side of Panama Road in Lancaster
County, Nebraska.
B. Public hearings will be heard on Tuesday, March 25,
1997 at 1:30 p.m. in the County Commissioners Hearing
Room, First Floor, County-City Building regarding the
following:
1. County Special Permit No. 140 and County
Preliminary Plat Number 96008, Osage Acres
Community Unit Plan, requested by Design
Associates for Stewart Farms, LTD., consisting of
nine single family lots and two outlots, on
property located at the southwest corner of South
148th and Martell Road in Lancaster County,
Nebraska.
2. County Special Permit No. 144 and County
Preliminary Plat Number 96018, Deerview Estates
Community Unit Plan, requested by Mike Poe,
consisting of eight single family lots and one
outlot, on property located at the southeast
corner of South 134th & Martell Road in Lancaster
County, Nebraska.
C. The Lancaster County Engineer will hold a public
information meeting on Wednesday, March 12, 1997
at 7 p.m. at Norris High School regarding the
proposed work by Burlington Northern Railroad
directly north of Firth, Nebraska.
D. The Lancaster County Board of Commissioners will
not hold a meeting on Thursday, March 13, 1997 due
the Southeast Nebraska County Officials
Association meeting, instead a meeting will be
held on Tuesday, March 11, 1997 at 12 p.m. in the
Mayor's Conference Room, Third Floor, County-City
Building.
E. A Management Team meeting will be held on
Thursday, March 13, 1997 at 7:30 a.m., in the
Fourth Floor Conference Room, County-City
Building.
E. The Lancaster County Board of Commissioners
meeting which is broadcast live at 1:30 p.m. on
Tuesday will be re-broadcast at 6:30 p.m. on
Cablevision Channel 5.
9) EMERGENCY ITEMS AND OTHER BUSINESS:
10) PENDING:
A. Comprehensive Plan Amendment Number 15 revising the
Lincoln Land Use Plan to change an 18-acre area at the
southwest corner of 56th Street and Pine Lake Road from
Residential to Commercial (Resolution Number 5457).
B. 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.
11) ADJOURNMENT:
This agenda, which is kept continually current, is available
for inspection in the Office of the County Clerk in
Lancaster County, Nebraska.
NOTE: An interpreter for the hearing impaired will be
available at the meeting 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.
Agenda for a Meeting of the Lancaster County Board of
Equalization to Be Held Tuesday, March 11, 1997 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 04, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 73 additions and deductions to the tax
assessment rolls per Exhibit "A".
3) MOTOR VEHICLE TAX EXEMPTIONS:
Cedars Youth Services
Congregation of Mary Queen
Developmental Services of Nebraska, Inc.
Grace Community Church
St. Elizabeth Community Health Center
4) 1997 Partial Exemptions for Real Estate and Personal
Property per Exhibit "B".
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kandra Hahn, Lancaster County Clerk
Diane Staab, Deputy County Attorney
Kerry Eagan, Chief Administrative Officer
1) MINUTES:
Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, March 04, 1997. (A copy of these
minutes is on file in the Office of the Lancaster County
Clerk.)
MOTION: Hudkins moved and Tussing seconded approval.
On call Campbell, Hudkins, Steinman, Svoboda
and Tussing voted aye. Motion carried.
2) CLAIMS:
Approval of all claims processed through Tuesday, March 11,
1997, with the exception that the vote of any Commissioner
who might have a conflict of interest in the payment of any
claim shall be deemed an abstention from approval for such
claims alone.
MOTION: Svoboda moved and Campbell seconded approval.
On call Hudkins, 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:
A. Application for a Class E (Beer Off Sale Only) and a
Class M (Bottle Club) liquor license for Todd Hoyer and
Cindy Wohl dba/The Kramer Bar (formerly known as the J
& C Country Bar and Grill) located in Kramer, Lancaster
County, Nebraska.
Tussing opened the public hearing.
The Clerk swore in the applicants.
Todd Hoyer and Cindy Wohl, applicants, appeared to
answer any questions.
Hudkins asked if there would be any substantial changes
to the operation of the bar.
Hoyer stated they may possibly add a beer garden for
summer.
Steinman asked if anyone wished to testify in
opposition or in a neutral position.
No one appeared.
Steinman closed the public hearing and noted action
would be taken on the application Tuesday, March 18,
1997.
B. Proposed changes to the Lincoln-Lancaster County Air
Pollution Control Program Regulations and Standards and
adoption of recent federal standards to correct errors
and to provide clarifying language.
Steinman opened the public hearing.
Marcia Willhite, Assistant Chief of the Environmental
Health of the Lincoln-Lancaster County Health
Department, appeared and said for the most part the
changes correct typographical errors and provides for
clarifying language.
Substantial changes being made to the Air Pollution
Control Program Regulations and Standards:
1) Additional standards for new sources of air
pollution
2) Emissions standard for an existing source
(landfills)
3) Additional standards for sources of toxic air
pollution
4) Clarifying language regarding construction permits
5) Changes relating to late fees which apply to
inspection or emission fees which are overdue
Campbell asked if standards are different for portable
systems versus permanent systems in terms of gravel or
asphalt.
Willhite stated federal standards are no different for
portable or fixed systems. She noted a portable
facility is subject to the same air pollution
regulations.
In response to a question posed by Campbell, Willhite
said there are federal air quality standards. She
added the County is not exceeding any of the standards
and, in most cases, the County is below those
standards.
Steinman asked if anyone wished to testify in
opposition or in a neutral position.
No one appeared.
Steinman closed the public hearing.
MOTION: Hudkins moved and Tussing seconded
approval. On call Svoboda, Tussing,
Campbell, Hudkins and Steinman voted
aye. Motion carried.
C. Request from Todd Lewis to validate five warranty deeds
(Instrument Numbers 95-10975, 95-12179, 95-10976, 95-10977
and 95-12180).
Steinman opened the public hearing and said Donald
Dunn, attorney representing Todd Lewis, had requested
the hearing be deferred to Tuesday, March 18, 1997.
Steinman asked if anyone wished to testify.
No one appeared.
Diane Staab, Deputy County Attorney, appeared and
submitted into the record a letter from Donald Dunn
requesting the hearing be deferred (Exhibit "A").
Steinman recessed the public hearing, to be reconvened
on Tuesday, March 18, 1997 at 1:30 p.m.
5) OLD BUSINESS:
Request from Bret and Kim Davis and Dave and Sharon
Friedeman for a resolution in support of relaxation of
road-building standards of the State Board of Public Roads
Classification and Standards for the purpose of graveling
West Davey Road between Northwest 27th and Northwest 40th
Streets at the requesters' expense.
Dana Baker, attorney representing Bret and Kim Davis and
Dave and Sharon Friedeman, appeared and submitted a copy of
a proposed resolution into the record (Exhibit "B").
He added they would still need to come back to the County
Board to request permission to place gravel for aggregate on
the road surface and work out the contract details to do the
work according to the County Engineer's specifications.
Hudkins asked if the County could be damaged in any way if
the landowners are willing to pay for the cost of the gravel
and any signage which may be required.
Staab said there would always be tort liability.
Hudkins said he failed to see why the Board would not be
willing to consider the request when it would be of no cost
or liability to the County.
Campbell said the Board needs to look ahead and set some
sort of policy knowing that there may be a number of
individuals who come to the Board who would like to move up
in the rotation of the One and Six Year Road and Bridge
Improvement Program.
MOTION: Campbell moved and Tussing seconded to reject
the request from Bret and Kim Davis and Dave
and Sharon Friedeman. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted
aye. Motion carried.
6) NEW BUSINESS:
A. Manager application for Henry D. Sader III in
connection with a liquor license for the Lincoln Izaak
Walton League in Bennet, Lancaster County, Nebraska.
MOTION: Campbell moved and Hudkins seconded
approval. On call Hudkins, Steinman,
Svoboda, Tussing and Campbell voted aye.
Motion carried.
B. A release from Lancaster County to State Farm Insurance
Companies in consideration for $2,494.59 to release
Lancaster County's subrogation claim relating to a work
related injury of Melissa Koci.
Sue Eckley, Safety and Training Officer, stated the
County had received a release check from State Farm
Insurance for $2,494.59. She stated the expenses were
what Lancaster County paid out under Workers'
Compensation. Eckley explained by signing the release
the County is releasing State Farm of any future
liability. She added that the claim was not lump sum
settled and the County would be liable for another two
year period, however, the County would be taking a
credit of up to the full amount of the settlement made
to Ms. Koci by State Farm.
MOTION: Hudkins moved and Tussing seconded
approval. On call Steinman, Svoboda,
Tussing, Campbell and Hudkins voted aye.
Motion carried.
C. Establishment of an open meetings policy for the
Lancaster County Board of Commissioners (Resolution
Number 5465).
Terry Wagner, Lancaster County Sheriff, appeared and
said he and Kerry Eagan, Chief Administrative Officer,
had discussed appointing himself as a sergeant at arms
so that should a disturbance arise in the chambers the
individual could be ejected, under State Statutes,
depending on the circumstances.
Eagan stated they could add a sentence regarding the
sergeant at arms on page five under "Conduct of
Meetings".
The Board voice no objections.
MOTION: Hudkins moved and Campbell seconded
approval with the addition that the
Lancaster County Sheriff and/or the
Lancaster County Sheriff's office be
designated as the sergeant of arms. On
call Svoboda, Tussing, Campbell, Hudkins
and Steinman voted aye. Motion carried.
D. Amendment to the 1993 Lincoln-Lancaster County Air
Pollution Control Program regulations and standards,
correcting errors and incorporating and reflecting new
revisions to state or federal law (Resolution Number
5466).
MOTION: Tussing moved and Campbell seconded
approval. On call Tussing, Campbell,
Hudkins, Steinman and Svoboda voted aye.
Motion carried.
E. A resolution and quitclaim deed authorizing an exchange
of real property with the City of Lincoln creating a
tenancy in common for the property of the new County-City
Building, the proposed Hall of Justice, the
Election Commissioner Building and the west parking lot
(Resolution Number 5467).
MOTION: Tussing moved and Campbell seconded
approval. On call Campbell, Hudkins,
Steinman, Svoboda and Tussing voted aye.
Motion carried.
F. Change order number one from Don McKinney, Inc. for
general construction, for $2,170, in connection with
the Lancaster County Engineering Department Waverly
Station remodel.
MOTION: Tussing moved and Svoboda seconded
approval. On call Hudkins, Steinman,
Svoboda, Tussing and Campbell voted aye.
Motion carried.
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
consideration of:
A. Monthly reports for the following:
Lancaster County Clerk
Lancaster Manor
Lancaster County Records and Information Management
B. Setting of a public hearing for Tuesday, April 1, 1997
at 1:30 p.m. in the County Commissioners Hearing Room,
First Floor, County-City Building for County Change of
Zone Number 139, requested by LeRoy F. Busboom, from AG
Agriculture to AGR Agricultural Residential, on
property located at the northeast corner of Southwest
112th Street and West Pioneers Boulevard in Lancaster
County, Nebraska.
C. Request from Debbora A. Day, an employee of the
Lancaster County Veterans Service Center, to
voluntarily participate in the County Retirement Plan,
having met the requirements.
D. Two service agreements between Lancaster County and ABC
Pest Control for termite and pest control at the
Lancaster Correctional Facility and the Corrections
Department, for a total amount of $2,300.
E. User's agreements between Lancaster County and the
following for remote access to Lancaster County records
at a rate of $.013 per transaction:
Rape/Spouse Abuse Crisis Center
Jo Seefeld
F. Contracts between the Lancaster County Engineering
Department and the following:
LANDOWNER LOCATION AMOUNT
Ron L. and Carol On Saltillo Road Land
Domina DeBoer near South 112th donation
Street and $90
Russell and On Southwest 29th Land
Kathleen Egger Street near West donation
Hallam Road
Francke Farms, On South 176th Land
Inc. Street near donation
Pioneers Boulevard
Dolores K. Krull On Mill Road near $21.50
Highway 77
Dave Nielsen On Mill Road near $10
Highway 77
MOTION: Svoboda moved and Campbell seconded
approval. On call Steinman, Svoboda,
Tussing, Campbell and Hudkins voted aye.
Motion carried.
ADJOURNMENT:
MOTION: Campbell moved and Tussing seconded to
adjourn. On call Svoboda, 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, March 11, 1997
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Steve Svoboda
Darlene Tussing
Commissioners Absent: Larry Hudkins
Others Present: Kandra Hahn, Lancaster County Clerk
Diane Staab, Deputy County Attorney
Kerry Eagan, Chief Administrative Officer
1) MINUTES:
Approval of the minutes of the Board of Equalization meeting
held on Tuesday, March 04, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
MOTION: Tussing moved and Svoboda seconded approval.
On call Campbell, Svoboda, Steinman and
Tussing voted aye. Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 73 additions and deductions to the tax
assessment rolls per Exhibit "A".
MOTION: Campbell moved and Tussing seconded approval.
On call Svoboda, Steinman, Tussing and
Campbell voted aye. Motion carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
Cedars Youth Services
Congregation of Mary Queen
Developmental Services of Nebraska, Inc.
Grace Community Church
St. Elizabeth Community Health Center
MOTION: Tussing moved and Campbell seconded approval
of motor vehicle tax exemptions for Cedars
Youth Services, Congregation of Mary Queen,
Grace Community Church and St. Elizabeth
Community Health Center and approval of
Developmental Services of Nebraska, Inc.
subject to the applicant titling and
registering the vehicle in their name. On
call Steinman, Tussing, Campbell and Svoboda
voted aye. Motion carried.
Steinman recessed the Board of Equalization.
Steinman reconvened the Board of Equalization.
4) 1997 Partial Exemptions for Real Estate and Personal
Property per Exhibit "B".
Vietnamese Alliance Church of Lincoln
Nam Nguyen, representing the Vietnamese Alliance Church of
Lincoln, appeared and submitted documentation regarding the
property (Exhibit "C").
Norm Agena, Lancaster County Assessor, stated he would
recommend a total exemption on the property.
Northwest Lincoln Church of Christ
Jim Ferguson, representing the Northwest Lincoln Church of
Christ, appeared and informed the Board that he was issued a
building permit approximately two weeks ago.
Agena stated he would recommend a total exemption on the
property.
MOTION: Campbell moved and Svoboda seconded approval
of partial exemptions for Bennet Community
Church (23B), Camp Creek Antique Machinery &
Threshing Association (44B), Catholic Bishop
of Lincoln Inc. (50N & 50M), Christian
Heritage Children's Home (67B & 67A),
Christian Retirement Homes (70B & 70A),
Community Blood Bank (80A), Fellowship
Church of God (120), Gateway Manor, Inc.
(146), Good News Broadcasting Association
(148C), Grace Evangelical Lutheran Church
(153A), Havelock Assembly of God Church
(157), Home Service for Independent Living
(167B), IBEW Local Union #265 Building
Corporation (172), Lakeview Rest Home, Inc.
(185), Lincoln Area Health Ed Center (200),
Lincoln Christian School Association (204A),
Lincoln Elks Lodge #80 (209A & 209B), Lincoln
Foundation, Inc (211C), Lincoln Interfaith
Council (216B), Lincoln Lodge #175-Order of
Moose (220A), Lincoln Monthly Meeting Society
of Friends (224), Lincoln Women's Club
(227A), Madonna Rehabilitation Hospital
(233D), Marian Sisters of the Diocese (236),
MLH Mill Towne, Inc (450), Mount Olive
Evangelic Lutheran Church (243), Nebraska
Conference of United Methodist Church (251A),
Nebraska Academy of Sciences, Inc. (256A),
New Covenant Baptist Church (272A), North
Star Lodge #227 (277A), Northeast Community
Church (280), Phantom II Post #9875 V F W
(290A), Saint Paul United Methodist Church
(326B), Southwest Alliance Church (352),
Tabitha Home (433B), Union College (379A),
United Brotherhood of Carpenters & Joiners
#1055 (381), United Presbyterian Welfare
Foundation, Inc. (387), and University Park
Congregation/Jehovah's Witnesses (387) with
the exception of Northwest Lincoln Church of
Christ (280) and Vietnamese Alliance Church
(389) which the Assessor recommended total
exemption. On call Campbell, Hudkins,
Svoboda, Steinman and Tussing voted aye.
Motion carried.
ADJOURN: Campbell moved and Tussing seconded to
adjourn. On call Hudkins, Svoboda, Steinman,
Tussing and Campbell voted aye. Motion
carried.
Kandra Hahn
Lancaster County Clerk