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ACTION FROM REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 2, 2002, AT 1:30 P.M.
There will be NO Council Meetings the week of December 23rd and December 30th.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 1 7 2 HAD 2ND READING; SEE ITEM 1)
1) 02-185 Declaring approximately 3,225 square feet of City owned property
generally located at 9th and Q Streets as surplus and authorizing
the sale thereof to B & J Partnership. Fact Sheet (11K)
(WITHDRAWN/REFERRED TO PLANNING COMMISSION, 7-0; #38-4424)
2) 02-186 Amending Section 9.36.080 of the Lincoln Municipal Code to allow the
Lincoln Airport Authority to designate flight patterns that are in
need of control of the bird population for the protection of the
public health, safety, and welfare; and to allow City recognized
homeowner associations to use nonlethal means to help reduce the bird
populations within the flight patterns. Fact Sheet (11K)
PUBLIC HEARING - RESOLUTIONS
3) Application of St. Patrick's Church at 6126 Morrill Avenue to
conduct a raffle within the City of Lincoln from January 15,
2003 through March 25, 2003. (ADOPTED, 7-0; A-81839)
4) 02R-244 Special Permit 1976 - Application of Willard Giebenrath to develop
View Pointe North Community Unit Plan for 14 single family acreage
lots on property generally located at N. 70th Street and Waverly Road.
(In connection w/02R-245) (Delayed 3 wks to 11/18/02 with con't
public hearing) (11/18/02 - P.H. & Action Delayed to 11/25/02)
(11/25/02 - Substitute Resolution Adopted, 7-0; Con't P.H. & Action
for one week to 12/2/02) (DELAYED W/ PUBLIC HEARING CONT. & ACTION
ON 1/13/03, 7-0)
5) 02R-245 Accepting and approving the preliminary plat of View Pointe North for
14 lots and 5 outlots with waivers of the required street trees,
street lighting, landscape screens, sidewalks, cul-de-sac length,
storm water detention and block length, on property generally located
at N. 70th Street and Waverly Road. (In connection w/02R-244)
(10/28/02 - Delayed 3 wks to 11/18/02 with con't public hearing)
(11/18/02 - P.H. & Action Delayed to 11/25/02) (11/25/02 - Substitute
Resolution Adopted, 7-0; Con't P.H. & Action for one week to 12/2/02)
(DELAYED W/PUBLIC HEARING CONT. & ACTION ON 1/13/03, 7-0)
6) 02R-287 Approving a 48-month cost-per-copy master rental agreement between
the City and Alternative Business Systems, Inc. for centrally managed
photocopiers. Fact Sheet (140K), Fact Sheet (355K)
((DELAY 1 WEEK W/O PUBLIC HEARING TO 12/9/02, 4-3; MCROY, SENG,
SVOBODA DISSENTING)
7) 02R-288 Special Permit 1869A - Application of the Council Building
Association to amend the Knights Court Community Unit Plan to
allow Lots 1-10 to be either attached two-family dwellings or
single-family dwellings, on property generally located at
South 60th Street and South Street. Fact Sheet (337K)
(ADOPTED, 7-0; A-81840)
8) 02R-289 Accepting the report of new and pending claims against the City and
approving disposition of claims set forth therein for the period of
November 1 - 15, 2002. Fact Sheet (5K), Fact Sheet (29K)
(ADOPTED, 7-0; A-81841)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
9) Change of Zone 3381 - Application of Brian D. Carstens, representing
Sue Brouse for a Change of Zone AG to H-4 tp develop a Planned
Service/Commercial District on property generally located at South
27th Street and Porter Ridge Road. (REFERRED TO PLANNING)
10) Use Permit 147 - Application of Brian D. Carstens, representing Sue
Brouse to develop 22,000 sq. ft. of office, medical and banking on
property generally located at South 27th Street and Porter Ridge Road.
(REFERRED TO PLANNING)
11) Special Permit 1973A - Application of Donald H. Bowman, on behalf of
Three Eagles of Lincoln, to change the legal description and waive the
fall zone for tower on property location at 3800 Cornhusker Highway.
(REFERRED TO PLANNING)
12) Special Permit 1988 - Application of Brian D. Carstens, representing
Sue Brouse to develop a Special Permit/Community Unit Plan on property
located at South 27th Street and Porter Ridge Road. (REFERRED TO
PLANNING)
13) Special Permit 1989 - Application of Brian D. Carstens, representing
Sue Brouse to develop a Planned Service/Commercial District on
property located at South 27th Street and Porter Ridge Road.
(REFERRED TO PLANNING)
14) Special Permit 1996 - Application of Jefferson Downing, representing
Zion Church to have a 5% expansion of lot coverage on property located
at 9th & D Streets. (REFERRED TO PLANNING)
15) MISCELLANEOUS REFERRALS
Clerk's Letter & Mayor's Approval of Ordinances and Resolutions
passed by Council on November 25, 2002. (PLACED ON FILE)
Setting the Hearing date of December 16, 2002 at 1:30 p.m. for
Man. App. of Adam Shafran for CEC Entertainment, Inc. dba "Chuck
E. Cheese" at 221 N. 66 Street. (DELAYED PUBLIC HEARING TO 1/6/03,
7-0)
REPORTS OF CITY OFFICERS
16) Investment of Funds for November 18 through November 22, 2002.
(ADOPTED, 7-0; A-81842)
17) Setting the hearing date of Monday, December 16, 2002 at 1:30 p.m.
for the assessment of weed removal costs incurred for the period
of January 1, 2002 through December 31, 2002. (APPROVED, 7-0)
18) Setting the hearing date of Monday, December 16, 2002
at 1:30 p.m. for the Manager application of
Ginger R. Chapin for Whitehead Oil Company, dba
U-Stop Convenience Shop located at 2925 NW 12th Street.
(ADOPTED, 7-0; A-81843)
19) Setting the hearing date of Monday, December 16,
2002 at 1:30 P.M. for the application of Colorado
Hospitality Services, Inc. dba Best Western
Airport Inn for a Class C liquor license located
at 3200 NW 12th Street. (ADOPTED, 7-0; A-81844)
20) Clerk's Letter & Mayor's Approval of Ordinances
and Resolutions passed by Council on November 18,
2002. (PLACED ON FILE)
21) Report from City Treasurer of Franchise Fees from
Aquila for the month of October, 2002. (PLACED ON FILE)
22) Report from City Treasurer of Monthly Cash on Hand
for the Month of November, 2002. (PLACED ON FILE)
23) Affidavit of Mailing for Board of Equalization
Special Assessment Group I to be held on Monday,
December 16, 2002 at 10:00 A.M. (PLACED ON FILE)
24) Report from City Treasurer of Telecommunication
Tax for the month of October, 2002: Nextel West
Corp., Excel Telecommunications, Inc., GTC
Telecom, Inc., NOS Communications, Inc., NOSVA
Limited Partnership, Lightyear Communications,
Inc., Globalcom, Inc., Teligent Services, Inc.,
RSL COM USA, Inc., Tri-M Communications, Inc.,
Glyphics Communications, Inc., Comdata
Telecommunications Services, Inc., Guaranteed
Phone Service, Affinity Network, Inc., Operator
Communications, Inc., Western Union
Communications, Inc., ATT Wireless PCS, LLC,
VARTEC, Intellical Operator Services, XO Long
Distance Services, Inc., WorldXchange Corp.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEM 25 HAD 1ST READING)
25) 02-187 Approving a Sublease Agreement between the City and Dynamic
Educational Systems, Inc. representing Job Corps for a
sublease of space at the One Stop Center, 1010 N Street,
to provide job training and employment services under the
Workforce Investment Act. Fact Sheet (140K), Attachment (142K)
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
26) 02-171 Creating Water District No. 1189 in N.W. 23rd Street, West "Q" to
West "O", and assessing the cost thereof against the benefitted
property. Fact Sheet (6K)
(PASSED, 7-0; #18098)
27) 02-172 Creating Sewer District No. 1173 in N.W. 23rd Street, West Q to West
O, and assessing the cost thereof against the benefitted property.
Fact Sheet (6K) (PASSED, 7-0; #18099)
28) 02-173 Creating Alley Paving District No. 363 from 26th Street to 27th
Street between Q and R Streets, and assessing the cost thereof
against the benefitted property. (HELD OVER FOR ONE WEEK DUE TO A
TIE VOTE, 3-3; MCROY CONFLICT OF INTEREST; COOK, SENG, WERNER
DISSENTING)
29) 02-174 Creating Paving District No. 2624 in Frontage Road which parallels N.
Highway 77 from Holland Road south approximately 1,375 feet and
assessing the cost thereof against the benefitted property.
Fact Sheet (6K)(PASSED, 7-0; #18100)
30) 02-176 Authorizing the transfer of funds and appropriations within the
Capital Improvement Program and appropriate unprogrammed Keno Funds
for various Parks & Recreations Dept. projects, and declaring an
emergency. (Request Emergency Clause) Fact Sheet (57K)
(PASSED W/EMERGENCY CLAUSE, 7-0; #18101)
31) 02-177 Accepting the offer of Pine Lake Development, L.L.C. to dedicate 98th
Street right-of-way generally located north of Pine Lake Road,
abutting 98th Street to the west. Fact Sheet (9K)
(PASSED, 7-0; #18102)
32) 02-178 Change of Zone 77HP - Application of the Director of Urban
Development to designate the former U.S. Post Office and Courthouse
(Old Federal Building) as a landmark, generally located at 129 N.
10th Street. (In connection w/02-179, 02-184)
Fact Sheet (722K)
(PASSED, 7-0; #18103)
33) 02-179 Change of Zone 3377 - Application of the Director of Urban
Development for a change of zone from P Public Use to B-4 Lincoln
Center Business District on property generally located at 9th and O
Streets. (In connection w/02-178, 02-184)
Fact Sheet (839K)
(PASSED, 5-2; CAMP, COOK DISSENTING; #18104)
Items 34 - 61
History