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, July 15, 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, July
22, 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.
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. A refund request from Martin N. Banyard for 1995 in the
amount of $86.388, due to a clerical error regarding square
footage.
B. A refund request from Jean Chicoine on behalf of The
Gathering Place for interest paid on property taxes for 1992,
in the amount of $688.92.
C. A recommendation from the County Engineer and the Purchasing
Agent to award a bid for the annual production of limestone
rock or gravel surface coarse material as follows:
VENDOR PRICE
Western Sand and Gravel (gravel) $5.25 a ton
Martin Marietta (gravel) $5.40 a ton
Martin Marietta (rock) $7.25 a ton
Kerford Limestone Co. (rock) $6.85 a ton
D. A resolution directing the County Engineer to conduct a study
regarding the vacation of the east 25 feet of Southwest 16th
Street beginning at the south right-of-way line of West
Burnham Street (Resolution 5527).
E. A resolution approving an inter-agency agreement with the
Sheriff's Office, Corrections Department and the Attention
Center for Youth for court transportation duties (Resolution
5528).
F. An agreement with Educational Management, Inc. dba/Lincoln
School of Commerce for a Federal Work Study Program with the
County Clerk's Office to provide eligible students with work,
at a rate of $5.80 per hour.
G. An interlocal agreement among the City of Lincoln, Lancaster
County and the Lincoln-Lancaster County Public Building
Commission for the purchase of systems furniture for the new
City-County Building and the Hall of Justice.
H. An agreement with K B Lawn & Tree Care, Inc. for tree removal
County Engineering Department, in the amount of $2,575, at
the following locations:
2901 Southwest 6th Street
2849 Southwest 6th Street
2833 Southwest 6th Street
2941 Southwest 6th Street
3025 Southwest 6th Street
I. An agreement with Large Partnership, Ltd. for their $75,000
contribution for the paving of South 27th Street.
J. An agreement with the State of Nebraska, Department of Roads
and Lancaster County for the provision of funding for public
transportation services, effective July 1, 1997 until June
30, 1998, (Project #RPT-C551(198)), as follows:
Federal funding not to exceed $9,792
State funding not to exceed $18,132
County funding not to exceed $18,133
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 consideration of:
A. Monthly reports for the following:
AGENCY
County Attorney
District Court
Lancaster Manor
Lincoln City Libraries
B. Approval of a report on 1996 Distress Warrants from the
County Treasurer.
C. Setting of a public hearing for Tuesday, August 12, 1997 at
7 p.m. in the Commissioners Hearing Room located on the first
floor of the County-City Building regarding Lancaster
County's Proposed Budget for Fiscal Year 1997-1998.
D. Setting of a public hearing for Tuesday, August 12, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building on the County's
General Assistance Plan Burial Section.
E. Renewal of a maintenance agreement with Hewlett Packard for
the County Engineering Department, in the amount of $552,
commencing August 1, 1997 and ending July 31, 1998.
F. Two user's agreements with Real Estate Appraisals and Union
Title Company for remote access to Lancaster County records,
at a rate of $.013 per transaction.
G. Contracts relating to road improvements with the following:
LANDOWNER LOCATION AMOUNT
Clarence W and Shirley West Yankee Hill Road $453
Honvlez near Southwest 84th
Street
Lyle Hall On North 112th Street $60
(2 contracts) and Havelock Avenue
John L Reed On North 112th Street $913.32
(9 contracts) and Havelock Avenue and
land
exchanges
Lora H Reed and On North 112th Street $4966.83
National Bank of and Havelock Avenue
Commerce
(5 contracts)
Helen M King, Gerald On Arbor Road from $1642
King, Barbara Crawford North 27th Street
and Janice E Streily to Highway 77
(2 contracts)
Gerald Mills Near North 162nd $10
and Raymond Road
6) EXECUTIVE SESSION REGARDING PENDING LITIGATION -- DOUG CYR,
DEPUTY COUNTY ATTORNEY
7) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will hold a
meeting on Tuesday, July 22, 1997 immediately following their
regular meeting regarding Committee Assignment Reports and
a final budget working session.
B. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, July 24, 1997 at 8:30 a.m. in the Fourth
Floor Conference Room in the County-City Building.
C. Public hearings are scheduled for Tuesday, July 29, 1997 at
1:30 p.m. in the Commissioners Hearing Room on the first
floor of the County-City Building for the following:
Adoption of the Public Access Policy and Fee Schedule for
City-County Geographic Information System (GIS) data files.
A preliminary plat for Finigan's 1st Addition, requested by
Pearle Finigan, consisting of eight single family lots, on
property located at the northeast corner of 84th Street and
Waverly Road in Lancaster County, Nebraska (Preliminary Plat
97006).
A preliminary plat for Branched Oak Lakeside Acres, requested
by Jack Tuma for WTK Company, Inc., consisting of 15 single
family lots, on property located west of Branched Oak Lake on
Northwest 140th Street and West Rock Creek Road in Lancaster
County, Nebraska (Preliminary Plat 97008).
A special permit, Branched Oak Lakeside Acres, requested by
Jack Tuma for WTK Company, Inc., consisting of 15 dwelling
units within 1,320 feet of public lake property, located west
of Branched Oak Lake on Northwest 140th Street and West Rock
Creek Road in Lancaster County, Nebraska (Special Permit
148).
D. Public hearings are scheduled for Tuesday, August 5, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building for the following:
A change of zone, from AG Agricultural to R Residential,
requested by Nelvadine Lienemann, on property located at the
northwest corner of Highway 77 (South 12th Street) and "B"
Street in Princeton in Lancaster County, Nebraska (Change of
Zone Number 173).
A change of zone, text amendment to Article 17.021 of the
County Zoning Resolution, requested by the County Engineer,
to allow highway contractors who have contracts to pave
federal, state and county roads, to located temporary paving
plant operations associated with the contract in all zoning
districts as a conditional use (Change of Zone Number 174).
A change of zone, from AG Agricultural to AGR Agricultural
Residential, requested by Mark Paschke, on property located
north and east of the corner of Southwest 2nd and Bennet Road
in Lancaster County, Nebraska (Change of Zone Number 175).
E. A public hearing will be held on Tuesday, August 12, 1997 at
7 p.m. in the Commissioners Hearing Room on the first floor
of the County-City Building regarding Lancaster County's
Proposed Budget for Fiscal Year 1997-1998.
Adoption of the County Budget will be on Tuesday, August 26,
1997.
F. The Board of Equalization has set final hearings for 1997
Real Estate Valuation Protests for:
9 a.m. - Noon Tuesday, July 22
9 a.m. - Noon and 1 - 4:30 p.m. Wednesday, July 23
1 - 4:30 p.m. Thursday, July 24
If needed, July 25
G. 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 Number 139, from AG Agriculture to AGR
Agricultural Residential, requested by LeRoy F. Busboom, on
property located at the northeast corner of Southwest 112th
Street and West Pioneers Boulevard in Lancaster County,
Nebraska. (This item is schedules for further discussion on
Tuesday, August 19, 1997 at 1:30 p.m.)
C. County Change of Zone Number 165, 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. (This item is scheduled for further discussion on
Tuesday, September 9, 1997 at 1:30 p.m.)
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 are available at meetings of the County Board upon
request. Pease 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.
AGENDA For A Meeting Of The Lancaster County Board Of Equalization To
Be Held Tuesday, July 22, 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, July 15, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 9 additions and deductions to the tax assessment
rolls per Exhibit "A".
3) SETTING OF A PUBLIC HEARING:
Setting of a public hearing for notice of valuation change for
omitted or undervalued property for Dean B and Christine
Rasmussen.
4) Disapproval of a tax exemption for personal property for Church
of God - Lions N' Lambs Daycare.
5) Protest filed by Edward D Beranek for omitted or undervalued for
1994, 1995 and 1996.
MINUTES
Lancaster County Board Of Commissioners
Commissioners Hearing Room
First Floor, County-city Building
Tuesday, July 22, 1997
1:30 P.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Darlene Tussing
Commissioners Absent: Steve Svoboda
Others Present: Kerry Eagan, Chief Administrative Officer
Kandra Hahn, Lancaster County Clerk
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, July 15, 1997.
(A copy of these minutes is on file in the Office of
the Lancaster County Clerk.)
MOTION: Tussing moved and Campbell seconded approval.
On call Campbell, Hudkins, Steinman and Tussing voted aye.
Motion carried.
2) CLAIMS: Approval of all claims processed through Tuesday, July
22, 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: Campbell moved and Tussing seconded approval.
On call Hudkins, Steinman, 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) NEW BUSINESS:
A. A refund request from Martin N. Banyard for 1995 in the
amount of $86.38, due to a clerical error regarding square
footage.
The amounts should be $86.38 for 1995 and $87.84 for 1996.
MOTION: Campbell moved and Tussing seconded approval.
On call Steinman, Tussing, Campbell and Hudkins voted
aye. Motion carried.
B. A refund request from Jean Chicoine on behalf of The
Gathering Place for interest paid on property taxes for 1992,
in the amount of $688.92.
Jean Chicoine appeared and indicated to the Board that she
purchased The Gathering Place had been purchased in 1991 and
had filed for a tax exemption, which was granted. She said
that they continued to receive real estate tax notices with
no amount due. She reported that in December, 1996, however,
they received a form indicating that there was a lien on the
property.
Steinman asked if The Gathering Place had filed for tax
exemption from 1992 through December.
Norm Agena, County Assessor, reported that the property was
purchased in July 1992. The Gathering Place had until August
15 in that year to apply for an exemption, which they did not
do.
Steinman asked if the Board was restricted by law to going
back only two years to refund interest.
Diane Staab, Deputy County Attorney, appeared and stated that
the Board does not have any statutory authority to refund
interest.
MOTION: Campbell moved and Hudkins seconded denial of a
refund request from Jean Chicoine citing a lack of
statutory authority. On call Tussing, Campbell,
Hudkins an Steinman voted aye. Motion carried.
C. A recommendation from the County Engineer and the Purchasing
Agent to recognize a bid for the annual production of
limestone rock or gravel surface coarse material as follows:
VENDOR PRICE
Western Sand and Gravel (gravel) $5.25 a ton
Martin Marietta (gravel) $5.40 a ton
Martin Marietta (rock) $7.25 a ton
Kerford Limestone Co. (rock) $6.85 a ton
MOTION: Hudkins moved and Campbell seconded approval.
On call Hudkins, Steinman, Tussing and Campbell voted
aye. Motion carried.
D. A resolution directing the County Engineer to conduct a study
regarding the vacation of the east 25 feet of Southwest 16th
Street beginning at the south right-of-way line of West
Burnham Street (Resolution 5527).
MOTION: Tussing moved and Campbell seconded approval.
On call Campbell, Hudkins, Steinman and Tussing voted
aye. Motion carried.
E. A resolution approving an inter-agency agreement with the
Sheriff's Office, Corrections Department and the Attention
Center for Youth for court transportation duties (Resolution
5528).
MOTION: Tussing moved and Campbell seconded approval.
On call Tussing, Campbell, Hudkins and Steinman voted
aye. Motion carried.
F. An agreement with Educational Management, Inc. dba/Lincoln
School of Commerce for a Federal Work Study Program with the
County Clerk's Office to provide eligible students with work,
at a rate of $5.80 per hour.
MOTION: Hudkins moved and Campbell seconded approval.
On call Steinman, Tussing, Campbell and Hudkins voted
aye. Motion carried.
G. An interlocal agreement among the City of Lincoln, Lancaster
County and the Lincoln-Lancaster County Public Building
Commission for the purchase of systems furniture for the new
City-County Building and the Hall of Justice.
MOTION: Hudkins moved and Tussing seconded approval.
On call Tussing, Campbell, Hudkins and Steinman voted
aye. Motion carried.
H. An agreement with K B Lawn & Tree Care, Inc. for tree removal
County Engineering Department, in the amount of $2,575, at
the following locations:
2901 Southwest 6th Street
2849 Southwest 6th Street
2833 Southwest 6th Street
2941 Southwest 6th Street
3025 Southwest 6th Street
MOTION: Campbell moved and Tussing seconded approval.
On call Tussing, Campbell, Hudkins and Steinman voted
aye. Motion carried.
I. An agreement with Large Partnership, Ltd. for their $75,000
contribution for the paving of South 27th Street.
MOTION: Campbell moved and Tussing seconded approval.
On call Campbell, Hudkins, Steinman and Tussing voted
aye. Motion carried.
Don Thomas, County Engineer, appeared and stated that the
paving is in connection with a golf course that is being
proposed for 27th and Yankee Hill Road at the southwest
corner.
Hudkins asked what the current cost is per mile.
Thomas said $140,000.
Hudkins asked what the current cost is per mile for the
County Engineer and right-of-ways.
Thomas said $250,000 a mile.
J. An agreement with the State of Nebraska, Department of Roads
and Lancaster County for the provision of funding for public
transportation services, effective July 1, 1997 until June
30, 1998, (Project #RPT-C551(198)), as follows:
Federal funding not to exceed $9,792
State funding not to exceed $18,132
County funding not to exceed $18,133
MOTION: Campbell moved and Tussing seconded approval.
On call Hudkins, Steinman, 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 consideration of:
A. Monthly reports for the following:
AGENCY
County Attorney
District Court
Lancaster Manor
Lincoln City Libraries
B. Approval of a report on 1996 Distress Warrants from the
County Treasurer.
C. Setting of a public hearing for Tuesday, August 12, 1997 at
7 p.m. in the Commissioners Hearing Room located on the first
floor of the County-City Building regarding Lancaster
County's Proposed Budget for Fiscal Year 1997-1998.
D. Setting of a public hearing for Tuesday, August 12, 1997 at
1:30 p.m. in the Commissioners Hearing Room located on the
first floor of the County-City Building on the County's
General Assistance Plan Burial Section.
E. Renewal of a maintenance agreement with Hewlett Packard for
the County Engineering Department, in the amount of $552,
commencing August 1, 1997 and ending July 31, 1998.
F. Two user's agreements with Real Estate Appraisals and Union
Title Company for remote access to Lancaster County records,
at a rate of $.013 per transaction.
G. Contracts relating to road improvements with the following:
LANDOWNER LOCATION AMOUNT
Clarence W and Shirley West Yankee Hill Road $453
Honvlez near Southwest 84th
Street
Lyle Hall On North 112th Street $60
(2 contracts) and Havelock Avenue
John L Reed On North 112th Street $913.32
(9 contracts) and Havelock Avenue and land
exchanges
Lora H Reed and On North 112th Street $4966.83
National Bank of and Havelock Avenue
Commerce (5 contracts)
Helen M King, Gerald On Arbor Road from $1642
King, Barbara Crawford North 27th Street
and Janice E Streily to Highway 77
(2 contracts)
Gerald Mills Near North 162nd $10
and Raymond Road
MOTION: Tussing moved and Campbell seconded approval.
On call Steinman, Tussing, Campbell and Hudkins voted
aye. Motion carried.
6) EXECUTIVE SESSION REGARDING PENDING LITIGATION - DOUG CYR, DEPUTY
COUNTY ATTORNEY
MOTION: At 1:57 p.m. Tussing moved and Hudkins seconded
to enter into Executive Session for the purpose of discussing
pending litigation. On call Tussing, Campbell, Hudkins
and Steinman voted aye. Motion carried.
MOTION: At 2:35 p.m. Tussing moved and Campbell seconded
to exit Executive Session. On call Campbell, Hudkins, Steinman
and Tussing voted aye. Motion carried.
ADJOURNMENT:
MOTION: Campbell moved and Tussing seconded to adjourn.
On all Hudkins, Steinman, 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, July 22, 1997
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Darlene Tussing
Commissioners Absent: Steve Svoboda
Others Present: Kerry Eagan, Chief Administrative Officer
Kandra Hahn, Lancaster County Clerk
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Tuesday, July 15, 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 and Tussing voted aye.
Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 9 additions and deductions to the tax assessment
rolls per Exhibit "A".
MOTION: Campbell moved and Tussing seconded approval. On call
Hudkins, Steinman, Tussing and Campbell voted aye.
Motion carried.
3) SETTING OF A PUBLIC HEARING:
Setting of a public hearing for notice of valuation change for
omitted or undervalued property for Dean B and Christine
Rasmussen.
A public hearing was set for Tuesday, August 5, 1997 at 2:30 p.m.
for notice of valuation change for omitted or undervalued
property for Dean B and Christine Rasmussen.
The Chair recessed the Board of Equalization until 2:30 p.m.
At 2:35 p.m. the Chair reconvened the Board of Equalization.
Norm Agena, County Assessor, stated that a public hearing has
already been set for July 29, 1997 for Dean and Christine
Rasmussen (Item 3 on Board of Equalization).
4) Disapproval of a tax exemption for personal property for Church
of God - Lions N' Lambs Daycare.
Norm Agena, County Assessor, recommended denial of the tax
exemption because it was not timely filed.
MOTION: Tussing moved and Campbell seconded to deny a tax
exemption for personal property for Church of God -
Lions N' Lambs Daycare because it was not timely filed.
On call Hudkins, Campbell, Tussing and Steinman voted
aye. Motion carried.
5) Protest filed by Edward D Beranek for omitted or undervalued
property for 1994, 1995 and 1996.
Ed Beranek appeared and indicated that he purchased the church
building in May 1994. He reported he executed a real estate
transfer statement at the time of closing and was under the
impression the property was still eligible for tax exemption. He
stated that the church continued to file an application for tax
exemption for 1994, 1995 and 1996 which were all granted. He
reported that he recently filed a building permit and during the
process found out that the property had been omitted from the
tax rolls. He indicated that the County Assessor wants to assess
him for the 1994, 1995 and 1996 tax years that the Board had
granted the exemption on the church properties.
Larry Hudkins asked if leased property was the same as ownership.
Agena stated owned and used.
He also indicated that the County Assessor had omitted the value
of the church itself. He said there was no value on the church
from 1994 on.
Beranek said he established a rent for the church for the three
years because he did not have to pay any real estate taxes.
Hudkins wanted to know the amount of the back taxes.
Beranek said around $7,000 to $8,000.
Beranek indicated that he discussed the taxes with his attorney.
Campbell stated if the Board grants an exemption to an
organization and they are tax exempt, but the use of their
property is not, they still have to pay the taxes.
Beranek said the Assessor's Office dropped the property off the
tax rolls entirely, so he never received a property tax
statement, so he assumed it was tax exempt.
Agena indicated that Beranek applied for an exemption in 1994.
He stated that his office did not pick up the title transfer over
to Beranek until later, after the exemption was already granted.
The exemption should not have been approved because the sale
occurred prior to the levy setting date in 1994. The Assessor's
Office did not catch it.
Agena also stated that his office went back and put the value of
the church back on the tax rolls for 1994, 1995 and 1996.
Beranek indicated if in 1994 the exemption would have been
denied, he would have received notice and he could have assessed
the church the additional rent to cover the expenses.
MOTION: Campbell moved and Hudkins seconded to put the item on
pending and request the County Attorney to review the
protest filed by Mr. Beranek on omitted property. On
call Hudkins, Tussing, Campbell and Steinman voted aye.
Motion carried.
ADJOURNMENT:
By direction of the Chair the meeting was adjourned.
Kandra Hahn
Lancaster County Clerk