Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
AGENDA
LANCASTER COUNTY BOARD OF EQUALIZATION
TUESDAY, NOVEMBER 18, 1997
COUNTY COMMISSIONERS CHAMBERS
FIRST FLOOR, COUNTY-CITY BUILDING
1:30 P.M.
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Thursday, November 13, 1997. (A copy of these minutes
is on file in the Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 30 additions and deductions to the tax assessment rolls
per Exhibit "A". (97-344) (97-345)
3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS:
Sacred Heart Church
School Sisters of Christ the King
Trinity United Methodist Church
4) DENIAL OF A MOTOR VEHICLE TAX EXEMPTION:
The Salvation Army A.R.C.
AGENDA
LANCASTER COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 18, 1997
COUNTY COMMISSIONERS CHAMBERS
FIRST FLOOR, COUNTY-CITY BUILDING
1:30 P.M.
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Thursday, November 13, 1997. (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,
November 18, 1997.
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.
A. Recognition of Mark Helling, an employee of the Corrections
Department, as "Law Enforcement Officer of the Year"--Mike
Thurber, Corrections Director (97-333)
B. Recognition of Pete Jensen for his services on the Lincoln-
Lancaster County Ecological Advisory Committee. (97-348) (R-5543)
4) PUBLIC HEARINGS:
Continuation of a public hearing regarding County Board of Zoning
Appeals, Appeal 105, requested by Tom Wilson on behalf of Marty
Ivins, alleging an error in the interpretation of the Lancaster
County Zoning Resolution, Sections 2.067 and 15.001, regarding
definitions and conditions where a home occupation may occur. (97-189)
5) NEW BUSINESS:
A. A resolution authorizing a joint efficiency study of Lancaster
County and the City of Lincoln by the Constitutional Heritage
Institute. (97-349) (R-5596)
B. Adoption of Lancaster County's "One-and Six-Year Road and Bridge
Improvement Program" for Fiscal Years 1998 and 1999 through 2003.
(97-316) (R-5597)
C. An agreement with the State of Nebraska, Department of Roads for
surfacing on South 68th Street, beginning at Roca Road and
proceeding north on 68th Street 2.6 miles with 80 percent of the
cost to be Surface Transportation Program Funds from the
Department of Transportation, Federal Highway Administration and
approximately $198,580 to be the County's share. (97-355)
(C-8805)
D. A request from Joyce Pardee for a refund of real estate, in the
amount of $621.96, for 1995 and for $632.96 for 1996. (97-337)
(M-6548)
E. Recommendation from Lancaster Manor and the Purchasing Agent to
award a bid to Medline, in the amount of $16,900, for pressure
reduction mattresses for residents. (97-351)
F. Recommendation from the County Engineering Department and the
Purchasing Agent to award a bid to Government Technology Services
Inc., in the amount of $30,042, for Sun Sparc computer system
upgrades. (97-352)
G. Authorization of the installation and removal of the following
traffic signs: (97-353) (R-5598)
Signage Location
Installation of a stop On Little Salt Road east of
ahead sign North 162nd Street for
westbound traffic
Installation of a hazard On South 96th Street between
sign Old Cheney Road and Pioneers
Boulevard for northbound traffic
Change stop ahead signs On Saltillo Road approaching Highway
to signal ahead signs 77 for east and westbound traffic
Removal of two arrow On West Davey Road one-half
signs and a dirt road mile east of Northwest 40th
and installation of a Street for eastbound traffic
gravel ends sign
Installation of two On North 70th Street south of
"Watch for Turning Bluff Road for north and
Trucks" signs southbound traffic
H. A contract with Don McKinney, Inc., for $228,500, for
construction of a pre-engineered metal building for vehicle
storage for the County Engineering Department at the Westgate
location. (97-354) (C-8806)
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. A service agreement with Aliant Communications for a telephone
system and equipment at Lancaster Manor, for $288.75 per month.
(97-350) (C-8807)
B. Contracts relating to road improvements with the following:
Landowner Location Amount
Elizabeth M. Hall Near North 134th $139 and a
(97-357) (C-8808) Street and land donation
Fletcher Avenue
Lyle Hall Near North 134th $10
(97-356) (C-8809) Street and
Fletcher Avenue
7) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will not hold a
meeting on Thursday, November 20, 1997 instead a meeting will be
held on Tuesday, November 18 from 9:30 a.m. to 11:30 a.m. in
the Personnel Conference Room on the first floor of the County-
City Building.
B. A public hearing will be held on Tuesday, December 2, 1997 at
1:30 p.m. in the Commissioners Hearing Room on the first floor
of the County-City Building regarding the adoption of a $15
impoundment fee for animals running at large and increasing to
$25 for a second offense and $40 for a third offense, and a $10
deposit for impounded dogs and household cats which have not
received a rabies vaccination.
C. A public hearing will be held on Tuesday, December 9, 1997 at
1:30 p.m. in the Commissioners Hearing Room on the first floor of
the 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. A monthly report for Lancaster Manor. (97-330)
B. A quarterly report for the Veterans' Service Center (97-306)
C. Annual audit of Lancaster County Leasing Corporation (97-332)
MINUTES
LANCASTER COUNTY BOARD OF EQUALIZATION
TUESDAY, NOVEMBER 18, 1997
COUNTY COMMISSIONERS CHAMBERS
FIRST FLOOR, COUNTY-CITY BUILDING
1:30 P.M.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Norm Agena, County Assessor
Kandra Hahn, County Clerk
Kerry Eagan, Chief Administrative Officer
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Equalization meeting
held on Thursday, November 13, 1997. (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
November 13, 1997. On call Campbell, Hudkins, Steinman, Svoboda
and Tussing voted aye. Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 30 additions and deductions to the tax assessment rolls
per Exhibit "A". (97-344) (97-345)
MOTION: Campbell moved and Tussing seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion
carried.
3) APPROVAL OF MOTOR VEHICLE TAX EXEMPTIONS:
Sacred Heart Church
School Sisters of Christ the King
Trinity United Methodist Church
MOTION: Tussing moved and Campbell seconded approval of motor vehicle tax
exemptions for Sacred Heart Church, School Sisters of Christ the
King and Trinity United Methodist Church. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
4) DENIAL OF A MOTOR VEHICLE TAX EXEMPTION:
The Salvation Army A.R.C.
MOTION: Tussing moved and Campbell seconded to deny the motor vehicle tax
exemption for The Salvation Army A.R.C. because it was not timely
filed. On call Svoboda, Tussing, Campbell, Hudkins and Steinman
voted aye. Motion carried.
There being no further business, the Chair closed the Board of
Equalization meeting.
MINUTES
LANCASTER COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 18, 1997
COUNTY COMMISSIONERS CHAMBERS
FIRST FLOOR, COUNTY-CITY BUILDING
1:30 P.M.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Norm Agena, County Assessor
Kandra Hahn, County Clerk
Kerry Eagan, Chief Administrative Officer
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Thursday, November 13, 1997. (A copy of the minutes
is on file in the Office of the Lancaster County Clerk.)
MOTION: Campbell moved and Hudkins seconded approval of the minutes of
November 13, 1997. On call Campbell, Hudkins, Steinman, Svoboda
and Tussing voted aye. Motion carried.
2) CLAIMS: Approval of all claims processed through Tuesday,
November 18, 1997.
MOTION: Campbell moved and Tussing seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion
carried.
3) ITEMS OF PUBLIC PARTICIPATION:
Ron Cook, representing the Salvation Army Adult Rehabilitation Center,
appeared regarding the denial of a motor vehicle tax exemption. He
explained the vehicles are purchased by the headquarters in Chicago,
Illinois. Cook stated the vehicles were purchased on October 3rd,
however, the first vehicle was received on October 23rd and the second
vehicle was received on October 31st. Because the vehicle
identification numbers had to be verified after they were received, the
paperwork for the exemptions couldn't be completed until after the
trucks were received.
Norm Agena, County Assessor, explained that application for an exemption
has to be made within 30 days after the purchase date. The Salvation
Army's application was made on the 32nd day.
It was suggested that in the future the headquarters, located in Chicago,
register the vehicles prior to delivery.
A. Mike Thurber, Corrections Director, recognized Mark Helling, an
employee of the Corrections Department, as "Law Enforcement
Officer of the Year". (97-333)
B. Recognition of Pete Jensen for his services on the Lincoln-
Lancaster County Ecological Advisory Committee. (97-348) (R-5543)
MOTION: Campbell moved and Hudkins seconded approval. On call
Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye.
Motion carried.
4) PUBLIC HEARINGS:
Continuation of a public hearing regarding County Board of Zoning
Appeals, Appeal 105, requested by Tom Wilson on behalf of Marty
Ivins, alleging an error in the interpretation of the Lancaster
County Zoning Resolution, Sections 2.067 and 15.001, regarding
definitions and conditions where a home occupation may occur.
(97-189)
The Chair reconvened the public hearing and asked if anyone wished to
testify in favor of the proposal.
Tom Wilson, attorney representing Marty Ivins, appeared and explained Mr.
Ivins operates an orchard, has a machine shop, repairs cellular phones
and satellite dishes. In addition, he possesses a federal firearms
license for gunsmithing which he does as a hobby. Wilson stated there
are no displays, no retail, no sales or advertising regarding the
gunsmithing.
Wilson submitted into the record Mr. Ivins' invoices from Red Arrow
Products for the past year showing that there were four invoices
associated with the federal firearms license (Exhibit A). He noted two
items were guns sales, one of which was a purchase for a friend and the
other was for his nephew. The two remaining invoices were for the
repair of two guns.
Wilson reiterated that Ivins possesses the federal firearms license for
gunsmithing which is done as a hobby and that over the past three years
there were three guns sales to friends and relatives. He stated Ivins
earned $70,000 from Red Arrow Products of which $972 was associated with
the gunsmithing license. $785 was for the purchase of two guns which
equals one percent for total sales and less than one-third of one
percent for gunsmithing.
Campbell stated it appeared to her that the primary part of the home
occupation would be the mill work and various repairs and that the
actual repairing and selling of guns is incidental to all other repairs
being done.
The Chair asked if anyone wished to testify in opposition or in a
neutral position.
Mike DeKalb, Planning Department, appeared in a neutral position and
gave a brief history regarding home occupation. He explained a question
was raised with the Building and Safety Department regarding whether the
sale of guns fit the provision relating to incidental to a home
occupation. The previous finding was that it would not fit the
provision. DeKalb stated the new information regarding sales which have
occurred has not been reviewed by Planning or Building and Safety,
therefore, they cannot make a finding that the sales are incidental. He
recommended the item be deferred for one week to allow review by the
County Attorney, the Planning Department and the Building and Safety
Department and to make a finding whether the sale of guns is incidental
to the home occupation.
Roger Harris, Building and Safety Department, concurred. He added if
the sale of guns is found incidental to the home occupation and it was
found in the future that there had been a change in which there were
increased sales of guns, the question could be reexamined.
The Chair asked if anyone else wished to testify.
No one appeared and the public hearing was closed.
MOTION: Campbell moved and Tussing seconded to defer action on Board of
Zoning Appeals, Appeal Number 105 for one week to allow review
by the County Attorney, the Planning Department and the Building
and Safety Department and to make a finding whether the sale of
guns is incidental to the home occupation. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion
carried.
5) NEW BUSINESS:
A. A resolution authorizing a joint efficiency study of Lancaster
County and the City of Lincoln by the Constitutional Heritage
Institute. (97-349) (R-5596)
Campbell inquired whether the City would need to sign the resolution.
Kerry Eagan, Chief Administrative Officer, appeared and indicated the
City has approved the study.
MOTION: Campbell moved and Tussing seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
Campbell stated she had made a suggestion to the Mayor that the City and
the County create an information committee to help facilitate the flow of
reports. She stated she would like the Board to send a formal letter to
the City of Lincoln asking them to participate on the committee.
B. Adoption of Lancaster County's "One-and Six-Year Road and Bridge
Improvement Program" for Fiscal Years 1998 and 1999 through 2003.
(97-316) (R-5597)
MOTION: Tussing moved and Campbell seconded approval.
Campbell asked if there would be a turn off to the new high school at
Waverly.
Don Thomas, County Engineer, stated turn lanes have been built.
Steinman asked if the all of Bluff Road would be paved.
Thomas stated the road was not improved yet to be paved. He indicated
they would be reviewing that.
ROLL CALL: Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye.
Motion carried.
C. An agreement with the State of Nebraska, Department of Roads for
surfacing on South 68th Street, beginning at Roca Road and
proceeding north on 68th Street 2.6 miles with 80 percent of the
cost to be Surface Transportation Program Funds from the
Department of Transportation, Federal Highway Administration and
approximately $198,580 to be the County's share. (97-355) (C-8805)
MOTION: Tussing moved and Campbell seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
D. A request from Joyce Pardee for a refund of real estate, in the
amount of $621.96, for 1995 and for $632.96 for 1996. (97-337)
(M-6548)
Diane Staab, Deputy County Attorney, appeared and stated the County
Assessor was recommending that the Board approve a refund pursuant to
Nebraska Statute 77-1734.01 which allows refunds due to clerical errors.
She stated the Assessor's Office was of the understanding that the home
had a basement, however, it does not.
Under the clerical error statute, Staab stated, a refund can only be
made for the two previous years.
Staab stated she had received a letter from the attorney representing
Ms. Pardee requesting the two year limitation be waived. She noted
there was nothing in the statute which would allow the Board to waive
the limitation and that case law is clear that county officials cannot
commute taxes unless there is a specific statutory reason.
Staab recommended a refund for 1995 and 1996.
Steinman added that Ms. Pardee could appeal to the Tax Equalization and
Review Committee (TERC).
MOTION: Tussing moved and Campbell seconded approval of the refund for
1995 and 1996. On call Svoboda, Tussing, Campbell, Hudkins and
Steinman voted aye. Motion carried.
E. Recommendation from Lancaster Manor and the Purchasing Agent to
award a bid to Medline, in the amount of $16,900, for pressure
reduction mattresses for residents. (97-351)
MOTION: Campbell moved and Tussing seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion
carried.
F. Recommendation from the County Engineering Department and the
Purchasing Agent to award a bid to Government Technology
Services Inc., in the amount of $30,042, for Sun Sparc computer
system upgrades. (97-352)
MOTION: Campbell moved and Hudkins seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
G. Authorization of the installation and removal of the following
traffic signs: (97-353) (R-5598)
Signage Location
Installation of a stop On Little Salt Road east of
ahead sign North 162nd Street for
westbound traffic
Installation of a hazard On South 96th Street between
sign Old Cheney Road and Pioneers
Boulevard for northbound traffic
Change stop ahead signs On Saltillo Road approaching Highway
to signal ahead signs 77 for east and westbound traffic
Removal of two arrow On West Davey Road one-half
signs and a dirt road mile east of Northwest 40th
and installation of a Street for eastbound traffic
gravel ends sign
Installation of two On North 70th Street south of
"Watch for Turning Bluff Road for north and
Trucks" signs southbound traffic
MOTION: Tussing moved and Campbell seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion
carried.
H. A contract with Don McKinney, Inc., for $228,500, for
construction of a pre-engineered metal building for vehicle
storage for the County Engineering Department at the Westgate
location. (97-354) (C-8806)
MOTION: Hudkins moved and Tussing seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins 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. A service agreement with Aliant Communications for a telephone
system and equipment at Lancaster Manor, for $288.75 per month.
(97-350) (C-8807)
B. Contracts relating to road improvements with the following:
Landowner Location Amount
Elizabeth M. Hall Near North 134th $139 and a
(97-357) (C-8808) Street and land donation
Fletcher Avenue
Lyle Hall Near North 134th $10
(97-356) (C-8809) Street and Fletcher Ave
MOTION: Svoboda moved and Campbell seconded approval of the Consent Items.
On call Svoboda, Tussing, Campbell, Hudkins and Steinman voted
aye. Motion carried.
ADJOURNMENT:
MOTION: Campbell moved and Tussing seconded to adjourn. On call
Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye.
Motion carried.