February 25, 1997 - Agenda
MINUTES
LANCASTER COUNTY BOARD OF EQUALIZATION
COMMISSIONERS HEARING ROOM
FIRST FLOOR, COUNTY-CITY BUILDING
TUESDAY, FEBRUARY 25, 1997
1:30 P.M.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kerry Eagan, Chief Administrative Officer
Diane Staab, Deputy County Attorney
Kandra Hahn, Lancaster County Clerk
1) MINUTES: Approval of the minutes of the Board of Equalization
meeting held on Tuesday, February 18, 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 Hudkins,
Steinman, Svoboda and Tussing voted aye. Campbell abstained.
Motion carried.
2) ADDITIONS AND DEDUCTIONS:
Approval of 23 additions and deductions to the tax assessment rolls
as per Exhibit "A" and "B".
MOTION: Campbell moved and Tussing seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion
carried.
3) MOTOR VEHICLE TAX EXEMPTIONS:
Approval of the following motor vehicle tax exemptions:
Bryan Memorial Hospital
Calvary Cemetery
Christ United Methodist Church
Christian Retirement Homes, Inc. dba/Eastmont Towers
Sacred Heart Church
MOTION: Tussing moved and Svoboda seconded approval of the
exemptions for Christ United Methodist Church, Christian Retire-
ment Homes, Inc. dba/Eastmont Towers and Sacred Heart Church and
for Bryan Memorial Hospital and Calvary Cemetery subject to the
vehicles being registered and titled to the applicants. On call
Steinman, Svoboda, Tussing, Campbell and Hudkins voted aye.
Motion carried.
4) 451 AND 451A EXEMPTION APPLICATIONS:
Approval of 451 & 451A Tax Exemption Applications on Personal
Property and Real Estate as per Exhibit "C" and "D".
MOTION: Campbell moved and Hudkins seconded approval. On call
Svoboda, Tussing, Campbell, Hudkins and Steinman voted aye.
Motion carried.
MINUTES
LANCASTER COUNTY BOARD OF COMMISSIONERS
COMMISSIONERS HEARING ROOM
FIRST FLOOR, COUNTY-CITY BUILDING
TUESDAY, FEBRUARY 25, 1997
1:30 P.M.
Commissioners Present: Linda Steinman, Chair
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kerry Eagan, Chief Administrative Officer
Diane Staab, Deputy County Attorney
Kandra Hahn, Lancaster County Clerk
1) MINUTES: Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, February 18, 1997. (A copy of these
minutes is on file in the Office of the Lancaster County Clerk.)
MOTION: Tussing moved and Hudkins seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
2) CLAIMS: Approval of all claims processed through Tuesday, February
25, 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) ITEMS OF PUBLIC PARTICIPATION:
* Presentation of the County-City Volunteer of the Month Award to
Susan Janssen for her services with the Lancaster County Election
Commissioner's Office.
NEW BUSINESS:
At the Direction of the Chair, Item 5W will be heard before the
public hearing because there are a number of people participating
on the item.
W. Appointment of Dennis Banks to the position of Lancaster County
Attention Center Director, at an annual salary of $46,000,
effective February 25, 1997, with an annual salary review in six
months.
Dennis Banks, Interim Director for the Attention Center, appeared and
thanked the Board for their support, guidance and leadership over the
past 7 months in his role as Interim Director. He also thanked Kerry
Eagan and the staff at the Attention Center for their support. Banks
also recognized his family and thanked them for their support.
MOTION: Campbell moved and Hudkins seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion
carried.
4) PUBLIC HEARINGS:
A. A public hearing regarding the 1997 Comprehensive Plan Annual
Review, and the 22 separate Comprehensive Plan Amendments.
Steinman opened the public hearing.
Tim Stewart, Planning Director, appeared and indicated that there were
two amendments to the Comprehensive Plan which included a concern
regarding the direction in growth analysis, Item 1B. He said that the
Planning Commission recommended approval of the amendment, which
qualifies the direction in growth analysis by saying, "Inclusion of this
information in this Comprehensive Plan Amendment will have no real or
implied consequences for change to the Comprehensive Plan, zoning or land
use maps. Such changes may be appropriate following the completion of
the related studies (i.e. South and East Beltway MIS, Antelope Valley
MIS and other ongoing planning efforts) and the appropriate public
reviews."
Campbell stated that the Board needs to add the amendment to the motion.
Stewart indicated that the other amendment he was concerned about was
Item 5D, pertaining to acreages. He said that the "language" had been
proposed by the Mayor to discourage additional acreage development in
the three-mile limit. He indicated that the amendment was to not change
the language and keep it at, "A joint task force of the City and County
officials, staff and citizens should be convened to study possible
changes to current policy and the implications of such changes for land
use within the three-mile area and the balance of the County." He said
that the Planning Commission adopted the amendment unanimously, with the
support of staff.
With regards to Item 5S, Amendment #15, Stewart indicated that the
applicant had requested the City Council to place the item on pending.
Stewart requested that the Board place Item 5S on pending.
Stewart indicated that the Planning Commission has recommended denial
on Item 5T.
Stewart said that the Planning Commission recommends approval on all of
the amendments except Item 5T.
Campbell asked Stewart if the Planning Department could give the Board
a timetable for the work that is left.
Stewart indicated that he spoke with Mike Dekalb and Kent Morgan and all
three agreed that they could get the 1987 criteria completed in 30 days.
He said that the second item is the lot inventory and base data sets that
the Planning Commission is trying to put together. He stated that
Planning has been working with the Assessor's Office in getting the data
out of the oracle database. He said that it would take 4 to 6 weeks to
get a base data set put together and available for the community to
review.
Peter Katt, appeared on behalf of The Homebuilders Association of
Lincoln, Lincoln Board of Realtors and Prairie Homes/Steve Champoux. He
indicated that the Homebuilders Association and Lincoln Board of
Realtors had concerns regarding Items 5B and 5D, which were addressed by
Mr. Stewart. He agreed with the information given by Mr. Stewart, and
requested approval of both items. Katt, on behalf of Prairie Homes on
Item 1E, indicated that they support the Comprehensive Plan Amendments
that have been proposed. He stated that one of Prairie Home's Change of
Zone applications has been on pending with the Planning Commission for
18 months because they were waiting for the Land Use Task Force report
to be completed. He said that he would push the Planning Department to
bring the "specifics" with regard to the County portion of the
Comprehensive Plan forward and get the "specifics" in front of the
Planning Commission and the Board within 90 days.
Steinman asked if anyone wished to appear in opposition to the 1997
Comprehensive Plan Annual Review.
No one appeared.
Steinman asked if anyone wished to appear in a neutral position.
Bill Siefert, farmer in Southeast Lincoln, appeared and stated that he
applauds the recommendations with regards to the findings of the Task
Force. His concerns were regarding the compatibility of the County
Board. He indicated that the rural housing and acreage development
needs to be more definitive, so the developers and farmers know where
they're headed.
Steinman closed the public hearing.
5) NEW BUSINESS:
A. Resolution No. 5439, Comprehensive Plan Amendment #1A to continue
the 90/10 population ratio between the City and County as the
basis for all planning studies and activities.
MOTION: Hudkins moved and Campbell seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion
carried.
B. Resolution No. 5440, Comprehensive Plan Amendment #1B amending
Chapter VIII, Plan Maintenance and Implementation, to accept two
directional growth alternatives, for purposes of study only, for
projected long term growth: 1) East 70% and North 30%; and 2)
South 35% and North 30%.
Steinman indicated that the motion should include Southwest 35%.
Staab indicated that the motion should include the amendment made at the
Planning Commission.
MOTION: Tussing moved and Hudkins seconded approval to add the amendment
"Inclusion of this information in this Comprehensive Plan
Amendment will have no real or implied consequences for change
to the Comprehensive Plan, zoning or land use maps. Such changes
may be appropriate following the completion of the related studies
(i.e. South and East Beltway MIS, Antelope Valley MIS and other
ongoing planning efforts) and the appropriate public reviews,"
and to add the Southwest 35% to the resolution. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.
C. Resolution No. 5441, Comprehensive Plan Amendment #1C to commit to
construction of the Salt Valley Relief Sewer.
MOTION: Svoboda moved and Campbell seconded approval. On call
Campbell, Hudkins, Steinman, Svoboda and Tussing voted aye.
Motion carried.
D. Resolution No. 5442, Comprehensive Plan Amendment #1D, to add
language regarding a policy for acreage development in Lincoln's
three-mile zoning limit.
MOTION: Svoboda moved and Campbell seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.
E. Resolution No. 5443, Comprehensive Plan Amendment #1E, to incor-
porate the County Comprehensive Plan Task Force findings and
recommendations into the Comprehensive Plan.
MOTION: Campbell moved and Tussing seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
F. Resolution No. 5444, Comprehensive Plan Amendment #2, amending
Chapter III, Future Needs and Land Use Plan, to incorporate the
"Directional Growth Analysis" and Build-out scenario of the Land
Use Plan.
MOTION: Campbell moved and Svoboda seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried.
G. Resolution No. 5445, Comprehensive Plan Amendment #3, to amend
Figure 65, "Anticipated 2015 Lincoln Service Limit and Phasing
Plan", to include the Yankee Hill area, generally along South
Folsom, from North of Prospector Court past Pioneers Blvd, in
the future service limit.
MOTION: Campbell moved and Svoboda seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.
H. Resolution No. 5446, Comprehensive Plan Amendment #4, to amend
the Land Use Plan and Phasing Plan to reflect past zoning,
development and annexation actions of the City and County.
MOTION: Campbell moved and Tussing seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
I. Resolution No. 5447, Comprehensive Plan Amendment #5, requested
by the Director of Public Works and Utilities, amending Chapter
IV, Transportation, to include the recommendations and the report
of the Congestion Management Task Force.
MOTION: Campbell moved and Tussing seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.
J. Resolution No. 5448, Comprehensive Plan Amendment #6, to amend
Chapter IV, Transportation, to incorporate recommended street
improvements at the intersection of 56th and Pioneers Blvd.
MOTION: Svoboda moved and Tussing seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
K. Resolution No. 5449, Comprehensive Plan Amendment #7, to amend
Chapter IV, Transportation, to include a future interchange
project at the intersection of the Capital Parkway West and Salt
Valley Roadway.
MOTION: Tussing moved and Hudkins seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried.
L. Resolution No. 5450, Comprehensive Plan Amendment #8, to amend
Chapter IV, Transportation, to designate West Pleasant Hill Road
and West Denton Road as potential paving projects.
Mike Dekalb indicated that the amendment is designating Southwest 33rd
Street between West Pleasant Hill and Road and West Denton Road.
MOTION: Hudkins moved and Campbell seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.
M. Resolution No. 5451, Comprehensive Plan Amendment #9, to amend
Chapter IV, Transportation, to incorporate changes in the
Trails Master Plan.
MOTION: Campbell moved and Tussing seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
N. Resolution No. 5452, Comprehensive Plan Amendment #10, to amend
Chapter V, Public Utilities, to refine the Water Distribution
Master Plan.
MOTION: Hudkins moved and Svoboda seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion
carried.
O. Resolution No. 5453, Comprehensive Plan Amendment #11, to amend
Chapter V, Public Utilities, to reflect changes as a result of
actions affecting the Lincoln Wastewater Facility Plan.
MOTION: Tussing moved and Svoboda seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
P. Resolution No. 5454, Comprehensive Plan Amendment #12, to amend
Chapter V, Community Facilities, to update the Proposed Park Plan.
MOTION: Campbell moved and Tussing seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried.
Q. Resolution No. 5455, Comprehensive Plan Amendment #13, to revise
the Lincoln Land Use Plan to change the designation of land
between North 7th and 14th Streets, north of Morton Street to
Interstate 80, from Low Density Residential to Urban Residential.
MOTION: Campbell moved and Tussing seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion
carried.
R. Resolution No. 5456, Comprehensive Plan Amendment #14, to revise
the Lincoln Land Use Plan to change a 20-acre area at the South-
east corner of 84th Street and Old Cheney Road from Residential
to Commercial.
MOTION: Tussing moved and Hudkins seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
S. Resolution No. 5457, Comprehensive Plan Amendment #15, to revise
the Lincoln Land Use Plan to change an 18-acre area at the South-
west corner of 56th Street and Pine Lake Road from Residential to
Commercial.
At the direction of the Chair, Item 5S, was placed on pending.
T. Resolution No. 5458, Comprehensive Plan Amendment #16, to amend
Chapter VIII, Plan Maintenance and Implementation, by amending
the Phasing Plan to designate land in Subarea 32 as Phase III,
generally south of Pine Lake Road and north of Rokeby Road
between 14th and 33rd Streets.
MOTION: Campbell moved and Tussing seconded to deny Resolution No.
5458. On call Steinman, Svoboda, Tussing, Campbell and Hudkins
voted aye. Motion carried.
U. Resolution No. 5459, Comprehensive Plan Amendment #17, to amend
the Lincoln Land Use Plan to designate land west of 14th and Pine
Lake Road from Urban Residential, Parks, and Open Space to
Industrial, and to designate the area as an "Employment Center"
in Phase I of development.
MOTION: Tussing moved and Svoboda seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion
carried.
V. Resolution No. 5460, Comprehensive Plan Amendment #18, amending
the Lincoln Land Use Plan to incorporate the Subarea Plan for the
area along West A Street, between Coddington and Southwest 40th
Street.
MOTION: Svoboda moved and Campbell seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda voted aye. Motion carried.
X. Keno grant contracts between the City of Lincoln, Lancaster
County and the following:
Agency Purpose Amount
Bright Lights, Inc. For the "Scholarship $5,000
Program" for 70 low
income youth
Child Advocacy Center To conduct exams and $5,000
interviews
Homestead Girl Scout For the flexible delivery $4,000
Council program for scouting
after school
Lincoln Lancaster For the student $3,500
Family Resource outreach program for 350
Centers Inc. youth
Madonna Rehabilitation To create a model protocol $4,000
Center for older adults who
voluntarily relocate to low
income retirement settings
Nebraska Human To work with 20 youth from $2,500
Resources Research Juvenile Court in a peer
Foundation project with college students
Rape/Spouse Abuse To work with rural women, $5,000
Crisis Center women of color and
teenagers
St. Elizabeth To provide support for $5,000
Foundation training of Community
Builders leaders
UNL Cooperative To train 30 leaders to $4,700
Extension present the "Character
Counts" project to over
800 youth
YWCA of Lincoln For general operating $5,000
support of the Parent
Center as they serve 75
youth each year
MOTION: Tussing moved and Campbell seconded to amend UNL Coopera-
tive Extension to read 4H Board and to have a separate vote for
the Child Advocacy Center. On call Campbell, Hudkins, Steinman,
Svoboda and Tussing voted aye. Motion carried.
MOTION: Tussing moved and Campbell seconded approval of the Child
Advocacy Center. On call Hudkins, Svoboda, Tussing and Campbell
voted aye. Steinman abstained. Motion carried.
Y. A contract between the Lancaster County Engineer and Nebraska
Sealing, to provide roadway crack sealing from February 24,
1997 through April 25, 1997, in the amount of $10,300, on the
following roads:
On South 84th Street from Pioneers Boulevard south 2.3 miles to
Highway 2
On Saltillo Road from Highway 77 east 4.3 miles to South 70th
Street
On South 68th Street from Roca Road south 6.0 miles to Princeton Rd
MOTION: Hudkins moved and Svoboda seconded approval. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell voted aye. Motion carried.
Z. An interlocal agreement between the City of Lincoln and Lancaster
County for housing and transport of inmates at the Lancaster
County Corrections Department in the amount of $30,000 commencing
on July 1, 1997.
MOTION: Tussing moved and Campbell seconded approval.
Michael Thurber, Director of Corrections, and Terry Wagner, County
Sheriff, appeared and indicated that the agreement has been on hold for
two years and they were glad to finally get the interlocal agreement
approved.
AA. A community-based vocational training site agreement between
Lancaster County School District 001 and Lancaster County
(Cooperating Business) to conduct community-based training
programs for its students between January 22 and May 30, 1997.
MOTION: Campbell moved and Svoboda seconded approval. On call Svoboda,
Tussing, Campbell, Hudkins and Steinman voted aye. Motion carried.
BB. A dental services agreement between Lancaster County Corrections
Department and Clocktower Dental, Claire M. Haag, D.D.S., for
dental services on individuals incarcerated in the jail
facilities, from February 25, 1997 through February 25, 1999.
MOTION: Campbell moved and Tussing seconded approval. On call Tussing,
Campbell, Hudkins, Steinman and Svoboda 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 items 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 January, 1997 for the following:
Lincoln City Libraries
Lancaster County Register of Deeds
B. Setting of a public hearing for Tuesday, March 11, 1997 at 1:30
p.m. in the County Commissioners Hearing Room, First Floor,
County-City Building, regarding an application for a Class E
(Beer Off Sale Only) and a Class M (Bottle Club) liquor license
for Todd Hoyer dba/The Kramer Bar (formerly known as the J & C
Country Bar & Grill) located in Kramer, Lancaster County, NE.
C. Setting of a public hearing for Tuesday, March 18, 1997 at 1:30
p.m. in the County Commissioners Hearing Room, First Floor,
County-City Building regarding:
1. Change of Zone No. 170, from AG Agricultural to AGR
Agricultural Residential, requested by Lawrence Conway, on
property generally located approximately 1/4 mile west of
U.S. Highway No. 77, on the north side of Panama Road.
2. Change of Zone No. 169, from "I" Industrial and "R"
Residential to "B" Business, requested by Todd Wicken, on
property generally located at the northeast corner of
Highway 77 (South 12th) and Broad Street in Princeton.
3. Change of Zone No. 165, from AG Agricultural to AGR
Agricultural Residential, requested by Harry Muhlbach, on
property generally located west of North 56th (Hwy 77)
between Mill Road and Raymond Road.
4. Change of Zone No. 147, from AG Agricultural to AGR
Agricultural Residential, requested by Peter W. Katt on
behalf of Steve Champoux, on property generally located at
the northwest corner of 134th & "A" Streets.
D. Setting of a public hearing for Tuesday, March 25, 1997 at 1:30
p.m. in the County Commissioners Hearing Room, First Floor,
County-City Building regarding:
1. County Special Permit No. 140, Osage Acres Community Unit
Plan, requested by Design Associates for Stewart Farms,
LTD., consisting of 9 single family lots and 2 outlots, on
property generally located at the southwest corner of
South 148th & Martell Road.
2. County Special Permit No. 144, Deerview Estates Community
Unit Plan, requested by Mike Poe, consisting of 8 single
family lots and 1 outlot, on property generally located at
the southeast corner of South 134th & Martell Road.
3. County Preliminary Plat No. 96008, Osage Acres, requested
by Design Associates for Stewart Farms, LTD., consisting
of 9 single family lots and 2 outlots, on property
generally located at the southwest corner of South 148th &
Martell Road.
4. County Preliminary Plat No. 96018, Deerview Estates,
requested by Mike Poe, consisting of 8 single family lots
and 1 outlot, on property generally located at the
southeast corner of South 134th & Martell Road.
E. An agreement between the Lancaster County Election
Commissioner and Gateway Mall to do voter registration at
Gateway Mall before the city election on April 15 and April
22, 1997 from 11:30 a.m. to 1:30 p.m.
F. Contracts between the Lancaster County Engineering Department
and the following:
Landowner Location Amount
Elinor J. and William On Holdrege Street Land Donation
Malone near 162nd Street
John L. McGill On No. 141st Street $10.00
Voldemar and Anna R. On Yankee Hill Road $28.75
Pool near So. 70th Street
Lincoln Electric System On W. Pleasant Hill Replacement
Road, SW 12th to SW Easement
33rd
MOTION: Tussing moved and Campbell seconded approval. On call Campbell,
Hudkins, Steinman, Svoboda and Tussing voted aye. Motion carried.
7) ANNOUNCEMENTS:
A. A public hearing will be held on Tuesday, March 4, 1997 at 1:30
p.m. in the Commissioners Hearing Room, First Floor, County-City
Building, for a manager application for Henry D. Sader II, in
connection with a liquor license for the Lincoln Izaak Walton
League in Bennet, Lancaster County, Nebraska.
B. A public hearing will be held on Tuesday, March 11, 1997 at 1:30
p.m. in the Commissioners Hearing Room, First Floor, County-City
Building, for changes to the Lincoln/Lancaster County Air
Pollution Control Program Regulations and Standards and to adopt
recent federal standards, to correct errors and provide
clarifying language.
C. The Lancaster County Board of Commissioners will hold a meeting
on Thursday, February 27, 1997 at 8:30 a.m. in the Fourth Floor
Conference Room, County-City Building.
D. 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.
8) EMERGENCY ITEMS AND OTHER BUSINESS:
9) ADJOURNMENT:
MOTION: Campbell moved and Tussing seconded approval. On call Steinman,
Svoboda, Tussing, Campbell and Hudkins voted aye. Motion carried.
