Tuesday, April 15, 1997 at 1:30 p.m.
1) MINUTES:
Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, April 8, 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, April 15,
1997, with the exception that the vote of any Commissioner
who might have a conflict of interest in the payment of any
claim shall be deemed an abstention from approval for such
claims alone.
3) ITEMS OF PUBLIC PARTICIPATION:
It is the policy of the Lancaster County Board of
Commissioners to accommodate the public to the greatest
extent possible. Therefore, this agenda has been prepared
with items of greatest public interest at the beginning with
more routine items toward the end as a courtesy to those who
wish to speak with the County Board at this meeting. If you
are here to participate on an item and need special
consideration because of a schedule conflict or some other
problem, would you please let us know now so we can try to
meet your needs.
4) PUBLIC HEARINGS:
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 (Resolution No. 5487).
5) OLD BUSINESS:
A. An application for a Corporate Manager License for
Robert D. Shull in connection with a Class M (Bottle
Club) and a Class K (Wine Off Sale Only) liquor license
for Firethorn Investment, a Nebraska Partnership
located at 9301 Firethorn Lane, Lincoln, Lancaster
County, Nebraska (Resolution No. 5484 - hearing opened
April 1, 1997).
B. An application for a Corporate Manager License for
Jerry L. Sukup in connection with a Class K (Wine Off
Sale Only) and a Class E (Beer Off Sale Only) liquor
license for Whitehead Inc. dba/"U-Stop Convenience
Shop" located at 6600 North 84th Street, Lincoln,
Lancaster County, Nebraska (Resolution No. 5485 -
hearing opened April 8, 1997).
C. County Change of Zone Number 139, requested by Leroy F.
Busboom, from AG Agriculture to AGR Agricultural
Residential, on property located at the northeast
corner of Southwest 112th Street and West Pioneers
Boulevard in Lancaster County, Nebraska (Resolution No.
5486).
6) NEW BUSINESS:
A. An application for a Special Designated License from
Wine Merchants, Inc. to hold a fundraiser on Saturday,
April 26, 1997 from 5 p.m. to 11 p.m. at Dick and Anne
Hudson's residence at 11403 Van Dorn Street.
B. Appointment of Morton Stelling to the Lincoln-Lancaster
County Ecological Advisory Committee, term to expire
December, 1999.
C. Appointments of the following individuals to the
Government Access and Information Committee (Resolution
No. 5488):
NAME TERM
Jim Langtry January 1, 1997 through
January 1, 1998
John Davis January 1, 1997 through
January 1, 1999
Kent Morgan January 1, 1997 through
January 1, 1999
Robin Hendricksen January 1, 1997 through
January 1, 1999
D. Settlement and full release of a tort claim, for
$31,500, filed by Frauline Barry against the Lancaster
County Engineering Department, in connection with a
motor vehicle accident.
E. Recommendations from the Personnel Policy Board to
amend Rule 19.3 of the Personnel Rules regarding sick
leave; amend the deletion of Vocational Rehabilitation
Coordinator and the creation of the following
classifications:
CLASS TITLE PAY RANGE
Staffing Clerk $17,382.56 - $22,813.44
Driver's License Clerk $16,606.72 - $21,758.88
Motor Vehicle Clerk $18,164.64 - $23,909.60
Motor Vehicle $19,888.96 - $26,170.56
Specialist
Motor Vehicle $21,758.88 - $28,539.68
Coordinator
Motor Vehicle Manager $26,170.56 - $34,134.88
Real Estate Supervisor $26,170.56 - $34,134.88
F. An agreement with the Nebraska Department of Revenue
for access by the County Attorney to data to be used in
locating persons in connection with child support
obligations.
G. An agreement with Aliant Communications Company
allowing Emergency Services to place a pole and siren
on property at 27th and Old Cheney Road for a license
fee of $1 for each term of license, commencing March
25, 1997. Costs for installation, maintenance and
utilities will be incurred by the County.
H. A contract with Pavers LLC for Westgate paving, for
$28,412.06 (Project No. 97-30).
7) CONSENT ITEMS:
These are items of business before the Lancaster County
Board of Commissioners which have been previously supplied
to each Commissioner in writing, which are relatively
routine and which are expected to be adopted without
dissent. Any individual item may be removed for special
discussion and consideration by a Commissioner or by any
member of the public without prior notice. Unless there is
an exception, these items will be approved as one with a
single vote of the Board of Commissioners. These items are
consideration of:
A. Reports for the following:
County Attorney
Clerk of the District Court
Lincoln City Libraries
Noxious Weed Control Authority and the Combined Weed
Program with the City of Lincoln
B. Setting of a public hearing for Tuesday, April 29, 1997
at 1:30 p.m. in the Commissioners Hearing Room on the
first floor of the County-City Building for an addition
to licensed premise in connection with a Class E (Beer
Off Sale Only) and a Class M (Bottle Club) liquor
license for Hi Mark Golf Club located at 9003 Pioneer
Boulevard, Lincoln, Lancaster County, Nebraska.
C. Contracts relating to road improvements with the
following:
LANDOWNER LOCATION AMOUNT
Robert A. and On North 112th Street $313 and
Shirley A. and Havelock Avenue land
Christiansen exchanges
(5 contracts)
Dennis L. Gardner On South 148th Street Land
near Wittstruck Road donation
De L. and On South 148th Street $182.59
Dixie D. Halbert near Wittstruck Road
Harry D. and On South 148th Street $182.59
Selma J. Naumann near Wittstruck Road
Michael D. On South 68th Street $70
Petersen and and Yankee Hill Road
Barbara J.
Hoerle-Petersen
Greg Retzlaff On South 56th Street $10
near Rokeby Road
8) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, April 17, 1997 at 8:30 a.m. in the
Fourth Floor Conference Room of the County-City
Building.
B. Public hearings will be held on Tuesday, April 22, 1997
at 1:30 p.m. in the Commissioners Hearing Room on the
first floor of the County-City Building for the
following:
1. A change of location in connection with a Class E
(Beer Off Sale Only) and a Class M (Bottle Club)
liquor license for Dreamers Inc. dba/"BJ's
Hideaway" to 1400 Saltillo Road in Lancaster
County, Nebraska.
2. A street name change to name the new road located
one- quarter mile south of Highway 2 between
Nebraska Highway 43 east to South 162nd Street as
"Luann Lane" (Street Name Change No. 97001).
C. A public hearing will be held on Tuesday, April 29,
1997 at 1:30 p.m. in the Commissioners Hearing Room on
the first floor of the County-City Building for Final
Plat No. 97006, Prairie Lake Estates, requested by
Marvin Renner, consisting of nine residential lots, on
property located east of South 54th Street between
Firth and Gage Road in Lancaster County, Nebraska.
D. The Lancaster County Board of Commissioners will hold a
meeting with Village Clerks on Thursday, April 24, 1997
at 12:30 p.m. at the Lancaster County Extension
Building, Room B, located at 444 Cherrycreek Road to
explore and discuss issues of mutual concern to Village
and the County.
E. The Lancaster County Board has scheduled an information
meeting to prepare for changes in taxing powers
contained in Legislative Bill 1114 (1996). The meeting
will be held on Thursday, April 24, 1997 at 7 p.m. in
the Commissioners Hearing Room on the first floor of
the County-City Building, 555 South 10th Street,
Lincoln, Nebraska.
F. 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.
9) EMERGENCY ITEMS AND OTHER BUSINESS:
10) PENDING:
A. Comprehensive Plan Amendment Number 15 revising the
Lincoln Land Use Plan to change an 18-acre area at the
southwest corner of 56th Street and Pine Lake Road from
Residential to Commercial (Resolution Number 5457).
B. Change of Zone Number 147, from AG Agricultural to AGR
Agricultural Residential, requested by Peter W. Katt on
behalf of Steve Champoux, on property located at the
northwest corner of 134th and "A" Streets in Lancaster
County, Nebraska.
11) ADJOURNMENT:
This agenda, which is kept continually current, is available
for inspection in the Office of the County Clerk in
Lancaster County, Nebraska.
NOTE: An interpreter for the hearing impaired will be
available at the meeting upon request. Please contact the
County Clerk's Office at 441-6336 and ask for Susan Starcher
or Kandra Hahn at least 48 hours prior to the meeting if
this accommodation is required, 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, April 15, 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, April 8, 1997. (A copy of these minutes is
on file in the Office of the Lancaster County Clerk.)
2) ADDITIONS AND DEDUCTIONS:
Approval of 19 additions and deductions to the tax
assessment rolls per Exhibit "A".
3) MOTOR VEHICLE TAX EXEMPTIONS:
Capitol City Christian Church
Catholic Bishop of Lincoln
Catholic Social Services
Church on the Rock
Veterans of Foreign Wars
4) A protest on classification of real estate filed by Richard
J. Butler on behalf of Glenn and Lois Umberger.
5) Removal of an exemption on real estate for Congregation
Tifereth Israel of Lincoln.
6) A tax exemption on personal property for Bryan Memorial
Hospital
Minutes
Commissioners Present: Linda Steinman, Chairman
Kathy Campbell
Larry Hudkins
Steve Svoboda
Darlene Tussing
Others Present: Kandra Hahn, Lancaster County Clerk
Diane Staab, Deputy County Attorney
Kerry Eagan, Chief Administrative Officer
1) MINUTES:
Approval of the minutes of the Board of Commissioners
meeting held on Tuesday, April 8, 1997. (A copy of these
minutes is on file in the Office of the Lancaster County
Clerk.)
MOTION: Svoboda moved and Tussing seconded approval. On
call Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
2) CLAIMS:
Approval of all claims processed through Tuesday, April 15,
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, Svoboda, Tussing and
Campbell voted aye. Motion carried.
3) ITEMS OF PUBLIC PARTICIPATION:
The Chair indicated Robert Shull was present for Item 5A (an
application for a Corporate Manager License for Firethorn
Golf Club) and had requested the item be moved forward due
to time constraints.
The Clerk swore in Terry Wagner, Lancaster County Sheriff
and Robert Shull, applicant.
Shull appeared and said he had worked at Firethorn Golf Club
for ten years and had been operating it for four years.
MOTION: Campbell moved and Tussing seconded approval. On
call Svoboda, Tussing, Campbell, Hudkins and
Steinman voted aye. Motion carried.
4) PUBLIC HEARINGS:
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 (Resolution No. 5487).
Steinman opened the public hearing.
Michael Rierden, attorney representing Harry Muhlbach,
appeared and asked for a continuance of three weeks due to
incomplete data concerning the water.
Steinman asked if anyone wished to testify in favor,
opposition or in a neutral position.
No one appeared and Steinman recessed the public hearing to
be continued on Tuesday, May 6, 1997.
5) OLD BUSINESS:
A. An application for a Corporate Manager License for
Robert D. Shull in connection with a Class M (Bottle
Club) and a Class K (Wine Off Sale Only) liquor license
for Firethorn Investment, a Nebraska Partnership
located at 9301 Firethorn Lane, Lincoln, Lancaster
County, Nebraska (Resolution No. 5484 - hearing opened
April 1, 1997).
This item was previously acted on.
B. An application for a Corporate Manager License for
Jerry L. Sukup in connection with a Class K (Wine Off
Sale Only) and a Class E (Beer Off Sale Only) liquor
license for Whitehead Inc. dba/"U-Stop Convenience
Shop" located at 6600 North 84th Street, Lincoln,
Lancaster County, Nebraska (Resolution No. 5485 -
hearing opened April 8, 1997).
MOTION: Campbell moved and Tussing seconded approval.
On call Tussing, Campbell, Hudkins, Steinman
and Svoboda voted aye. Motion carried.
C. County Change of Zone Number 139, requested by Leroy F.
Busboom, from AG Agriculture to AGR Agricultural
Residential, on property located at the northeast
corner of Southwest 112th Street and West Pioneers
Boulevard in Lancaster County, Nebraska (Resolution No.
5486).
Rierden appeared again and requested a continuance of
the change of zone to Tuesday, May 6, 1997.
6) NEW BUSINESS:
A. An application for a Special Designated License from
Wine Merchants, Inc. to hold a fundraiser on Saturday,
April 26, 1997 from 5 p.m. to 11 p.m. at Dick and Anne
Hudson's residence at 11403 Van Dorn Street.
MOTION: Campbell moved and Svoboda seconded approval
subject to the conditions as outlined in the
Sheriff's recommendation. On call Hudkins,
Steinman, Svoboda, Tussing and Campbell
voted aye. Motion carried.
B. Appointment of Morton Stelling to the Lincoln-Lancaster
County Ecological Advisory Committee, term to expire
December, 1999.
MOTION: Tussing moved and Hudkins seconded approval.
On call Steinman, Svoboda, Tussing, Campbell
and Hudkins voted aye. Motion carried.
C. Appointments of the following individuals to the
Government Access and Information Committee (Resolution
No. 5488):
NAME TERM
Jim Langtry January 1, 1997 through
January 1, 1998
John Davis January 1, 1997 through
January 1, 1999
Kent Morgan January 1, 1997 through
January 1, 1999
Robin Hendricksen January 1, 1997 through
January 1, 1999
MOTION: Hudkins moved and Svoboda seconded approval.
On call Svoboda, Tussing, Campbell, Hudkins
and Steinman voted aye. Motion carried.
D. Settlement and full release of a tort claim, for
$31,500, filed by Frauline Barry against the Lancaster
County Engineering Department, in connection with a
motor vehicle accident.
Diane Staab, Deputy County Attorney, recommended
approval of the claim. She noted the insurance company
would put together the releases and settlement
information.
MOTION: Tussing moved and Campbell seconded approval.
On call Tussing, Campbell, Hudkins and
Steinman and Svoboda voted aye. Motion
carried.
E. Recommendations from the Personnel Policy Board to
amend Rule 19.3 of the Personnel Rules regarding sick
leave; amend the deletion of Vocational Rehabilitation
Coordinator and the creation of the following
classifications:
CLASS TITLE PAY RANGE
Staffing Clerk $17,382.56 - $22,813.44
Driver's License Clerk $16,606.72 - $21,758.88
Motor Vehicle Clerk $18,164.64 - $23,909.60
Motor Vehicle $19,888.96 - $26,170.56
Specialist
Motor Vehicle $21,758.88 - $28,539.68
Coordinator
Motor Vehicle Manager $26,170.56 - $34,134.88
Real Estate Supervisor $26,170.56 - $34,134.88
MOTION: Campbell moved and Tussing seconded approval.
On call Campbell, Hudkins, Steinman, Svoboda
and Tussing voted aye. Motion carried.
F. An agreement with the Nebraska Department of Revenue
for access by the County Attorney to data to be used in
locating persons in connection with child support
obligations.
MOTION: Tussing moved and Campbell seconded approval.
On call Hudkins, Steinman, Svoboda, Tussing
and Campbell voted aye. Motion carried.
G. An agreement with Aliant Communications Company
allowing Emergency Services to place a pole and siren
on property at 27th and Old Cheney Road for a license
fee of $1 for each term of license, commencing March
25, 1997. Costs for installation, maintenance and
utilities will be incurred by the County.
MOTION: Hudkins moved and Tussing seconded approval.
On call Steinman, Svoboda, Tussing, Campbell
and Hudkins voted aye. Motion carried.
H. A contract with Pavers LLC for Westgate paving, for
$28,412.06 (Project No. 97-30).
MOTION: Svoboda moved and Campbell seconded approval.
On call Svoboda, Tussing, Campbell, Hudkins
and Steinman voted aye. Motion carried.
7) CONSENT ITEMS:
These are items of business before the Lancaster County
Board of Commissioners which have been previously supplied
to each Commissioner in writing, which are relatively
routine and which are expected to be adopted without
dissent. Any individual item may be removed for special
discussion and consideration by a Commissioner or by any
member of the public without prior notice. Unless there is
an exception, these items will be approved as one with a
single vote of the Board of Commissioners. These items are
consideration of:
A. Reports for the following:
County Attorney
Clerk of the District Court
Lincoln City Libraries
Noxious Weed Control Authority and the Combined Weed
Program with the City of Lincoln
B. Setting of a public hearing for Tuesday, April 29, 1997
at 1:30 p.m. in the Commissioners Hearing Room on the
first floor of the County-City Building for an addition
to licensed premise in connection with a Class E (Beer
Off Sale Only) and a Class M (Bottle Club) liquor
license for Hi Mark Golf Club located at 9003 Pioneer
Boulevard, Lincoln, Lancaster County, Nebraska.
C. Contracts relating to road improvements with the
following:
LANDOWNER LOCATION AMOUNT
Robert A. and On North 112th $313 and
Shirley A. Street and land
Christiansen Havelock Avenue exchanges
(5 contracts)
Dennis L. Gardner On South 148th Land
Street near donation
Wittstruck Road
De L. and Dixie D. On South 148th $182.59
Halbert Street near
Wittstruck Road
Harry D. and On South 148th $182.59
Selma J. Naumann Street near
Wittstruck Road
Michael D.Petersen On South 68th $70
and Barbara J. Street and
Hoerle-Petersen Yankee Hill Road
Greg Retzlaff On South 56th $10
Street near
Rokeby Road
MOTION: Campbell moved and Tussing seconded approval.
On call Tussing, Campbell, Hudkins, Steinman
and Svoboda voted aye. Motion carried.
8) ANNOUNCEMENTS:
A. The Lancaster County Board of Commissioners will hold a
meeting on Thursday, April 17, 1997 at 8:30 a.m. in the
Fourth Floor Conference Room of the County-City
Building.
B. Public hearings will be held on Tuesday, April 22, 1997
at 1:30 p.m. in the Commissioners Hearing Room on the
first floor of the County-City Building for the
following:
1. A change of location in connection with a Class E
(Beer Off Sale Only) and a Class M (Bottle Club)
liquor license for Dreamers Inc. dba/"BJ's
Hideaway" to 1400 Saltillo Road in Lancaster
County, Nebraska.
2. A street name change to name the new road located
one- quarter mile south of Highway 2 between
Nebraska Highway 43 east to South 162nd Street as
"Luann Lane" (Street Name Change No. 97001).
C. A public hearing will be held on Tuesday, April 29,
1997 at 1:30 p.m. in the Commissioners Hearing Room on
the first floor of the County-City Building for Final
Plat No. 97006, Prairie Lake Estates, requested by
Marvin Renner, consisting of nine residential lots, on
property located east of South 54th Street between
Firth and Gage Road in Lancaster County, Nebraska.
D. The Lancaster County Board of Commissioners will hold a
meeting with Village Clerks on Thursday, April 24, 1997
at 12:30 p.m. at the Lancaster County Extension
Building, Room B, located at 444 Cherrycreek Road to
explore and discuss issues of mutual concern to
Village and the County.
E. The Lancaster County Board has scheduled an information
meeting to prepare for changes in taxing powers
contained in Legislative Bill 1114 (1996). The
meeting will be held on Thursday, April 24, 1997 at 7
p.m. in the Commissioners Hearing Room on the first
floor of the County-City Building, 555 South 10th
Street, Lincoln, Nebraska.
F. The Lancaster County Board of Commissioners meeting
which is broadcast live at 1:30 p.m. on Tuesdays will
be rebroadcast at 6:30 p.m. on Cablevision Channel 5.
Mike DeKalb, Planning Department, appeared regarding
Item 8B-1 and informed the Board that the location of
1400 Saltillo Road is in the three-mile jurisdiction
and would require a Special Permit. He added the
applicant has not applied for the Special Permit and
suggested the Board reschedule or defer the public
hearing.
MOTION: Campbell moved and Svoboda seconded to drop
the public hearing to be held on Tuesday,
April 22, 1997 for a change of location in
connection with a Class E and Class M liquor
license for Dreamers Inc. dba/"BJ's Hideaway"
to 1400 Saltillo Road pending action by the
Planning Commission and the City Council and
to notify the Liquor Control Commission and
BJ's Hideaway of said action. On call
Campbell, Hudkins, Steinman, Svoboda and
Tussing voted aye. Motion carried.
ADJOURNMENT:
MOTION: Tussing moved and Campbell seconded to adjourn.
It was the consensus of the Board to return to
Item 4 to allow testimony.
Note: Transcript of testimony available at County Clerk's Office.
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