Lancaster County
Board of Commissioners
Board of Commissioners
lancaster.ne.gov
AGENDA for a Meeting of the Lancaster County Board of Commissioners to Be
Held Tuesday, February 24, 1998 at 1:30 p.m. in the County Commissioners
Hearing Room, First Floor, County-City Building.
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, February 17, 1998. (A copy of the
minutes is on file in the Office of the
Lancaster County Clerk.)
2) CLAIMS: Approval of all claims processed through
Tuesday, February 24, 1998.
3) ITEMS OF PUBLIC PARTICIPATION: It is the policy of
the Lancaster County Board of Commissioners to accommodate
the public to the greatest extent possible. Therefore, this
agenda has been prepared with items of greatest public
interest at the beginning with more routine items toward the
end as a courtesy to those who wish to speak with the County
Board at this meeting. If you are here to participate on an
item and need special consideration because of a schedule
conflict or some other problem, would you please let us know
now so we can try to meet your needs.
Presentation of the Volunteer of the Month Award to Susan
Budler for her services with the Lincoln-Lancaster County
Health Department. (98-144)
COMMENTS FROM PUBLIC ON AGENDA ITEMS; Members of the
public who wish to comment on any item on the agenda may come
forward at this time.
4) OLD BUSINESS:
A resolution for the vacation of a portion of West Panama
Road at Southwest 58th Street in Lancaster County,
Nebraska. (98-305)
5) PUBLIC HEARINGS:
A. A County Special Permit, Branched Oak Lakeside Acres
Community Unit Plan, requested by WTK Company, Inc.,
consisting of 11 acreage lots with private roads on
property located west of Branched Oak Lake on Northwest
140th Street and West Rock Creek Road in
Lancaster County, Nebraska. (County Special Permit
Number 154) (98-231)
(98-388)
B. A County Final Plat for Branched Oak Lakeside Acres,
requested by WTK Company, Inc., consisting of 11
residential lots on property located west of Branched Oak
Lake on Northwest 140th Street and West Rock
Creek Road in Lancaster County, Nebraska. (County Final
Plat Number 97040) (98-232) (98-398)
C. Comprehensive Plan Amendment Number 20a and 20b, pursuant
to the 1998 Comprehensive Plan Annual Review, requested
by Lincoln Benefit Life and Firethorn Investment Company
to revise the Lincoln Land Use Plan for property located
southeast of 84th and Van Dorn streets, from Low
Density Residential to Commercial. (98-333) (98-390)
6) NEW BUSINESS:
A. A resolution authorizing the execution and delivery of a
quitclaim deed in connection with Lancaster County
Industrial Development Revenue Bond Series A (Metromail
Corp. Project), July 1, 1980.
B. Authorization for Chinn Planning, Inc. to proceed with
Phase II of the Juvenile Assessment Study, Analysis and
Options, at a cost not to exceed $51,190 as stipulated in
Contract 97-17.
C. Authorization for County Attorney to sign a stipulation
extending the use of cash collateral to April 30, 1998,
in the bankruptcy case for Weaver's Potato Chip, Inc.
(98-392)
D. An application from Galaxy Cablevision to install fiber
optic cable in County rights-of-way on North
112th Street proceeding east on Adams Street,
north on 134th Street and ending in Waverly,
Nebraska, at no cost to the County. (98-395)
E. Two contracts with Robert Mook for appraisal services,
for a total of $9,400, in connection with the acquisition
of right-of-way at the following locations:
1. On North 1st Street from Fletcher Avenue to McKelvie
Road. (98-397)
2. On South 1st Street from Pioneer Boulevard to
Calvert Street. (98-396)
F. A political subdivision tort claim filed against the
Corrections Department by Andrew M. Eklund for damaged
property, for $20. (98-391)
G. Appointments to the Lancaster County Extension Board:
(98-325)
Name Term to Expire
Karen (Kit) Dimon November, 2000
Alice L. Doane November, 2000
Jessie Snover November, 2000
H. An application for a Special Events Permit from the
Lincoln-Lancaster County Habitat for Humanity to hold a
fundraiser bicycle ride on Saturday, July 11, 1998 at 8
a.m. beginning in Roca, Nebraska and proceeding east on
Roca Road, south on 110th Street, west on
Washington Road to Hickman Road with the short route
returning to Roca Road on 68th Street and the
long route continuing on Hickman Road to Highway 77 north
to Roca Road. (98-120)
1) CONSENT ITEMS: These are items of business before the
Lancaster County Board of Commissioners which have been
previously supplied to each Commissioner in writing, which
are relatively routine and which are expected to be adopted
without dissent. Any individual item may be removed for
special discussion and consideration by a Commissioner or by
any member of the public without prior notice. Unless there
is an exception, these items will be approved as one with a
single vote of the Board of Commissioners. These items are
approval of:
A. Setting of a public hearing for Tuesday, March 10, 1998
at 1:30 p.m. in the Commissioners Hearing Room, #112, on
the first floor of the County-City Building regarding the
allocation of Keno funds.
B. Two contracts relating to road improvements with School
District 160 (Norris Public Schools) at South
68th Street and Princeton Road, for $55. (98-393)
(98-394)
2) EXECUTIVE SESSION REGARDING THE SALE OF REAL ESTATE
9) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, February 26, 1998 at 8 a.m. in the
Conference Room, #113, on the first floor of the County-
City Building.
B. A public hearing will be held on Monday, March 2, 1998 at
4 p.m. in the City Council/County Commissioners Hearing
Room located on the first floor of the County-City
Building for the 1998 annual review of the 1994 Lincoln-
Lancaster County Comprehensive Plan and the 33 separate
Comprehensive Plan Amendments. (98-293)
C. Public hearings will be held on Tuesday, March 3, 1998 at
1:30 p.m. in the Commissioners Hearing Room located on
the first floor of the County-City Building for the
following:
1. Vacation of a portion of Wittstruck Road in
conjunction with the construction of the Upper Little
Nemaha Natural Resource District Dam Number 21. (98-201)
2. Vacation of a part of Lot Three, Block One, Deer Park
Addition as platted in the City of Waverly, Nebraska and
located in Section 21, Township 11 North, Range 8 East of
the 6th Principal Meridian in Lancaster County,
Nebraska. (98-202)
3. Vacation of a portion of Capitol Parkway, adjacent to
Pioneer Heights, near South 84th street and
Mandarin Circle. (98-203)
D. The Lancaster County Board of Commissioners meeting which
is broadcast live at 1:30 p.m. on Tuesdays will be re-
broadcast at 6:30 p.m. on Cablevision Channel 5.
10) EMERGENCY ITEMS AND OTHER BUSINESS:
11) PENDING:
A. Change of Zone Number 147, from AG Agricultural to AGR
Agricultural Residential, requested by Peter W. Katt on
behalf of Steve Champoux, on property located at the
northwest corner of 134th and "A" Streets in
Lancaster County, Nebraska.
B. Change of Zone from Ag Agricultural to AGR Agricultural
Residential, requested by Harry Muhlbach, on property
located west of North 56th Street (Highway 77)
between Mill Road and Raymond Road in Lancaster County,
Nebraska. (Change of Zone 165) (97-26) (Scheduled for
further discussion on April 7, 1998.)
12) ADJOURNMENT:
This agenda, which is kept continually current, is available for
inspection in the Office of the County Clerk in Lancaster County,
Nebraska.
NOTE: Interpreters for the hearing impaired are available
at meetings of the County Board upon request. Please contact the
County Clerk's Office at 441-6336 and ask for Susan Starcher or
Kandra Hahn at least 48 hours prior to the meeting if this
accommodation is required, or if you have any other special
communication needs requiring assistance.
REPORTS AND INFORMATIONAL FILINGS: The following items which
may be of interest to residents of Lancaster County are among
those which have been filed this week in the County Clerk's
Office:
A. Monthly report from the following:
Clerk of the District Court (98-375)
Lincoln City Libraries. (98-326)
B. Annual Report from Norris Public Power District (98-330)
AGENDA for a Meeting of the Lancaster County Board of
Equalization to Be Held Tuesday, February 24, 1998 at 1:30 P.m.
In the County Commissioners Hearing Room, First Floor, County-
city Building.
1) MINUTES: Approval of the minutes of the Board of
Equalization meeting held on Tuesday, February 17,
1998. (A copy of these minutes is on file in the
Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 43 additions and deductions to the tax assessment
rolls per Exhibit "A". (98-378)
3) MOTOR VEHICLE TAX EXEMPTIONS:
CenterPointe, Inc.
Good News Broadcasting Association, Inc.
Goodwill Industries Serving Southeast Nebraska Inc.
Martin Luther Homes of Nebraska, Inc.
Nebraska Wesleyan University
Project Youth of Lincoln
Saint Elizabeth Community Health Center
University of Nebraska Foundation
Minutes
Lancaster County Board of Commissioners
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, February 24, 1998
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kerry Eagan, Chief Administrative Officer
Kandra Hahn, County Clerk
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of
Commissioners meeting held on Tuesday, February 17, 1998. (A
copy of the minutes is on file in the Office of the Lancaster
County Clerk.)
MOTION: Svoboda moved and Tussing seconded approval of the minutes of
February 17, 1998. On call Hudkins, Steinman, Svoboda and
Tussing voted aye. Campbell abstained. Motion carried.
2) CLAIMS: Approval of all claims processed through
Tuesday, February 24, 1998.
MOTION: Hudkins moved and Tussing seconded approval.
On call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
3) ITEMS OF PUBLIC PARTICIPATION:
The Volunteer of the Month Award was presented to Susan
Budler for her services with the Lincoln-Lancaster County
Health Department. (98-144)
4) OLD BUSINESS:
A resolution for the vacation of a portion of West Panama
Road at Southwest 58th Street in Lancaster County,
Nebraska. (98-305)
MOTION: Hudkins moved and Tussing seconded approval. On call
Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye.
Motion carried.
5) PUBLIC HEARINGS:
A. A County Special Permit, Branched Oak Lakeside Acres
Community Unit Plan, requested by WTK Company, Inc.,
consisting of 11 acreage lots with private roads on
property located west of Branched Oak Lake on Northwest
140th Street and West Rock Creek Road in
Lancaster County, Nebraska. (County Special Permit
Number 154) (98-231)
(98-388)
B. A County Final Plat for Branched Oak Lakeside Acres,
requested by WTK Company, Inc., consisting of 11
residential lots on property located west of Branched Oak
Lake on Northwest 140th Street and West Rock
Creek Road in Lancaster County, Nebraska. (County Final
Plat Number 97040) (98-232) (98-398)
The Chair opened public hearings for a County Special
Permit and Final Plat for Branched Oak Lakeside Acres and
asked if anyone wished to testify in favor of the
proposals.
J. Michael Rierden, attorney representing the applicant,
appeared and stated that when Mr. Jahde and Mr. Kimball
began developing the property they wanted to asphalt a
portion of the interior roads and gravel others. A
boulevard entryway into the development was also planned.
He stated the County Engineer had informed them that if
the roads were to be public they would need to either
asphalt all of them or gravel all them because of the
standards. Rierden explained the developers proceeded
with a Community Unit Plan which would allow them to have
private roads with public access easements so that they
could proceed with the asphalting that they desire.
In response to a question asked by Hudkins regarding the
configuration of the property, Rierden responded that the
stub road to the north will be graveled.
Steinman noted that it becomes too expensive for a
governmental entity to provide maintenance on gravel and
asphalt roads within a development.
The Chair asked if anyone wished to speak in opposition
or in a neutral position.
Mike DeKalb, Planning Department, appeared and explained
that the Board had previously requested language
pertaining to notification to future lot buyers regarding
road surfacing and maintenance (Exhibit A, Item 9).
Hudkins stated he was not aware of the change.
Larry Worrell, County Engineering Department, explained
that for several weeks negotiations were held, however,
the developers were adamant that they wanted "mixed"
roads. The only alternative which would allow that would
be the Community Unit Plan which is currently before the
Board.
Rierden stated he had not previously seen the Planning
Department's proposed language, but they have no problem
with agreeing to it.
Discussion followed regarding signage for the entrance of
the development with Merle Jahde, developer, explaining
that they are looking at the concept of using boulders,
landscaping and signage cast in a type of mortar or wood.
Jahde also noted for the record that they are forming a
homeowners association to maintain the paved road and the
stub gravel road to the north.
In response to a question asked by Hudkins, Worrell
explained the County Engineering Department is
uncomfortable with a boulevard type entrance because it
creates an area which can drift closed in the winter.
The Chair asked if anyone else wished to testify.
No one appeared and the hearings were closed.
MOTION: Campbell moved and Tussing seconded approval of County
Special Permit 154, Resolution 98-388. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion
carried.
MOTION: Tussing moved and Campbell seconded approval of County Final
Plat 97040, Resolution 98-398. On call Tussing, Campbell,
Hudkins, Steinman and Svoboda voted aye. Motion carried.
C. Comprehensive Plan Amendment Number 20a and 20b, pursuant
to the 1998 Comprehensive Plan Annual Review, requested
by Lincoln Benefit Life and Firethorn Investment Company
to revise the Lincoln Land Use Plan for property located
southeast of 84th and Van Dorn Streets, from Low
Density Residential to Commercial. (98-333) (98-390)
The Chair opened the public hearing and asked if anyone
wished to testify in favor of the proposal.
Tim Stewart, Planning Director, appeared and explained
the amendments would be followed by a zoning change and
plat. He stated he felt both amendments were appropriate
to accommodate a growing Lincoln company. The Chair asked
if anyone wished to speak in opposition or in a neutral
position.
No one appeared and the Chair closed the public hearing.
MOTION: Campbell moved and Tussing seconded approval. On call
Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye.
Motion carried.
6) NEW BUSINESS:
A. A resolution authorizing the execution and delivery of a
quitclaim deed in connection with Lancaster County
Industrial Development Revenue Bond Series A (Metromail
Corp. Project), July 1, 1980.
Steven Likes, Cline Williams law firm, appeared and
explained the purpose of the issue was to finance the
construction and equipping of certain properties which
are currently occupied by Metromail. A lease purchase
agreement was entered into by the County and Metromail
under which Metromail agreed to pay lease rentals. Upon
payment of all lease rentals, principal and interest on
the bonds all right and title would be conveyed to
Metromail. Likes said the bonds were paid off in 1994
and Metromail is now requesting the County to execute
documents in order to transfer all right and title to
Metromail.
MOTION: Campbell moved and Hudkins seconded approval. On call
Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye.
Motion carried.
B. Authorization for Chinn Planning, Inc. to proceed
with Phase II of the Juvenile Assessment Study, Analysis
and Options, at a cost not to exceed $51,190 as
stipulated in Contract 97-17.
Kerry Eagan, Chief Administrative Officer, appeared and
explained that the first step in Phase II would be to
hold a Consensus Building meeting. He recommended that a
letter be sent to Karen Chinn, Chinn Planning, Inc.,
indicating that a Consensus Building meeting be scheduled
as soon as possible.
MOTION: Tussing moved and Hudkins seconded approval. On call
Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye.
Motion carried.
C. Authorization for County Attorney to sign a stipulation
extending the use of cash collateral to April 30, 1998,
in the bankruptcy case for Weaver's Potato Chip, Inc.
(98-392)
MOTION: Campbell moved and Tussing seconded approval.
On call Svoboda, Tussing, Campbell, Hudkins and
Steinman voted aye. Motion carried.
D. An application from Galaxy Cablevision to install
fiber optic cable in County rights-of-way on North
112th Street proceeding east on Adams Street,
north on 134th Street and ending in Waverly,
Nebraska, at no cost to the County. (98-395)
Worrell informed the Board Galaxy Cablevision had
recently completed a project in southwest Lancaster
County in which they had done poor work. He said the
Engineering Department is in the process of recouping
some of the cost to repair damage to the road.
MOTION: Hudkins moved and Tussing seconded approval. On call
Tussing, Campbell, Hudkins, Steinman and Svoboda voted aye.
Motion carried.
E. Two contracts with Robert Mook for appraisal services,
for a total of $9,400, in connection with the acquisition
of right-of-way at the following locations:
1. On North 1st Street from Fletcher Avenue to
McKelvie Road. (98-397)
2. On South 1st Street from Pioneer Boulevard
to Calvert Street. (98-396)
MOTION: Campbell moved and Tussing seconded approval. On call
Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye.
Motion carried.
F. A political subdivision tort claim filed against the
Corrections Department by Andrew M. Eklund for damaged
property, for $20. (98-391)
Andrew Ecklund, claimant, appeared and said Corrections
had no right to damage his property. He also noted he
has another claim regarding the loss of clothing.
The Chair indicated they had not received his claim
regarding the clothing.
Diane Staab, Deputy County Attorney, stated it was clear
from the report that Mr. Ecklund was to be strip
searched. She noted there was a reason for the officer
to look at the shoes and that the officer was entitled to
pursue that.
MOTION: Tussing moved and Campbell seconded to accept the
recommendation from the Corrections Department and deny the
claim. On call Hudkins, Steinman, Svoboda, Tussing and
Campbell voted aye. Motion carried.
G. Appointments to the Lancaster County Extension
Board: (98-325)
Name Term to Expire
Karen (Kit) Dimon November, 2000
Alice L. Doane November, 2000
Jessie Snover November, 2000
MOTION: Campbell moved and Tussing seconded
approval. On call Steinman, Svoboda,
Tussing, Campbell and Hudkins voted
aye. Motion carried.
H. An application for a Special Events Permit from the
Lincoln-Lancaster County Habitat for Humanity to hold a
fundraiser bicycle ride on Saturday, July 11, 1998 at 8
a.m. beginning in Roca, Nebraska and proceeding east on
Roca Road, south on 110th Street, west on
Washington Road to Hickman Road with the short route
returning to Roca Road on 68th Street and the
long route continuing on Hickman Road to Highway 77 north
to Roca Road. (98-120)
The Clerk stated a request had been received from the
applicant to defer the item for one week to Tuesday, March 3,
1998.
7) CONSENT ITEMS: These are items of business before the
Lancaster County Board of Commissioners which have been
previously supplied to each Commissioner in writing, which
are relatively routine and which are expected to be adopted
without dissent. Any individual item may be removed for
special discussion and consideration by a Commissioner or by
any member of the public without prior notice. Unless there
is an exception, these items will be approved as one with a
single vote of the Board of Commissioners. These items are
approval of:
A. Setting of a public hearing for Tuesday, March 10, 1998
at 1:30 p.m. in the Commissioners Hearing Room, #112, on
the first floor of the County-City Building regarding the
allocation of Keno funds.
B. Two contracts relating to road improvements with School
District 160 (Norris Public Schools) at South
68th Street and Princeton Road, for $55. (98-393)
(98-394)
MOTION: Steinman moved and Tussing seconded
approval of the Consent Items. On
call Tussing, Campbell, Hudkins,
Steinman and Svoboda voted aye. Motion carried.
8) EXECUTIVE SESSION REGARDING THE SALE OF REAL ESTATE
MOTION: At 2:20 p.m. Campbell moved and
Tussing seconded to enter into Executive
Session regarding the sale of real
estate. On call Svoboda, Tussing,
Campbell, Hudkins and Steinman voted
aye. Motion carried.
MOTION: At 2:37 p.m. Tussing moved and Hudkins
seconded to exit Executive Session.
On call Campbell, Hudkins, Steinman,
Svoboda and Tussing voted aye. Motion
carried.
ADJOURNMENT:
MOTION: Tussing moved and Campbell seconded to
adjourn. On call Hudkins, Steinman,
Svoboda, Tussing and Campbell voted aye.
Motion carried.
Kandra Hahn
Lancaster County Clerk
Minutes
Lancaster County Board of Equalization
Commissioners Hearing Room
First Floor, County-City Building
Tuesday, February 24, 1998
1:30 p.m.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Norm Agena, County Assessor
Kerry Eagan, Chief Administrative Officer
Kandra Hahn, County Clerk
Richard Nuernberger, County Treasurer
Diane Staab, Deputy County Attorney
1) MINUTES: Approval of the minutes of the Board of
Equalization meeting held on Tuesday, February 17,
1998. (A copy of these minutes is on file in the
Office of the Lancaster County Clerk.)
MOTION: Hudkins moved and Tussing seconded approval of the minutes of
February 17, 1998. On call Hudkins, Steinman, Svoboda and
Tussing voted aye. Campbell abstained. Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 43 additions and deductions to the tax assessment
rolls per Exhibit "A". (98-378)
MOTION: Tussing moved and Campbell seconded approval. On call
Hudkins, Steinman, Svoboda, Tussing and Campbell voted aye.
Motion carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
CenterPointe, Inc.
Good News Broadcasting Association, Inc.
Goodwill Industries Serving Southeast Nebraska Inc.
Martin Luther Homes of Nebraska, Inc.
Nebraska Wesleyan University
Project Youth of Lincoln
Saint Elizabeth Community Health Center
University of Nebraska Foundation
MOTION: Tussing moved and Campbell seconded approval of
motor vehicle tax exemptions for Good News
Broadcasting Association, Inc., Goodwill
Industries Serving Southeast Nebraska Inc., Martin
Luther Homes of Nebraska, Inc., Nebraska Wesleyan
University, Saint Elizabeth Community Health
Center and University of Nebraska Foundation and
to approve motor vehicle tax exemptions for
CenterPointe, Inc. and Project Youth of Lincoln
subject to registering vehicle(s) to the
applicant. On call Steinman, Svoboda, Tussing,
Campbell and Hudkins voted aye. Motion carried.
ADJOURNMENT:
At the direction of the Chair the meeting was adjourned.
Kandra Hahn
Lancaster County Clerk