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ACTION FROM REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 3, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 17, 2003
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 1-7 HAD PUBLIC HEARING, SEE ITEMS 6 & 7)
1) 03-16 Vacating the north-south alley from the north line of L Street to
the vacated east-west alley in Block 84, Original Plat of Lincoln,
generally located at 8th and L Streets.b Fact Sheet (175K)
2) 03-17 Declaring approximately 3,225 square feet of the Haymarket Parking
Garage property located at 9th and Q Streets as surplus and
authorizing the sale thereof. Fact Sheet (152K)
3) 03-18 Declaring approximately 18,150 square feet of property generally
located at South 6th and Peach Streets as surplus and authorizing
the sale thereof. Fact Sheet (539K)
4) 03-19 Declaring approximately 9,456 square feet of property generally
located at South 40th and Randolph Streets as surplus property and
authorizing the sale thereof. Fact Sheet (152K)
5) 03-20 Declaring approximately 6.84 acres of property generally located
at 6400 West Bennet Road as surplus property and authorizing the
sale thereof. Fact Sheet (153K)
6) 03-21 Amending the corporate limits of the City by annexing approximately
39.9 acres of property generally located at northwest of the
intersection of South 84th Street and Highway 2. (In connection
w/03-22, 03R-25, 03R-26, 03R-27) Fact Sheet (257K)
(P.H. CON'T. w/3RD READING IN ONE WEEK ON 2/10/03, 6-0, CAMP ABSENT FOR VOTE)
7) 03-22 Change of Zone 3373 - Application of Pine Lake Development, L.L.C.
for a change of zone from AGR Agricultural Residential to R-3
Residential and O-3 Office Park on property generally located
northwest of the intersection of South 84th Street and Highway 2.
(In connection w/03-21, 03R-25, 03R-26, 03R-27) Fact Sheet (298K)
(P.H. CON'T. w/3RD READING IN ONE WEEK ON 2/10/03, 6-0, CAMP ABSENT FOR VOTE)
PUBLIC HEARING - RESOLUTIONS
8) 03R-22 Appointing Patricia A. McManus to the Lincoln
Electric System Administrative Board for a
three-year term expiring December 31, 2005. Fact Sheet (79K)
(ADOPTED, 7-0; A-81919)
9) 03R-23 Appointing Dao T. Tran to the Charter Revision
Commission for a four-year term expiring July 15, 2007. Fact Sheet (34K)
(ADOPTED, 7-0; A-81920)
10) 03R-24 Authorizing the use of the public right-of-way
adjacent to the property at 311 N. 8th Street for
the installation of a public stairwell. Fact Sheet (25K)
(AMENDED, 7-0, ADOPTED AS AMENDED, 7-0; A-81921)
11) 03R-25 Approving an Annexation Agreement between Pine
Lake Development L.L.C., Stanley L. Portsche and
Grace A. Portsche, Mid-American Union Conference
Association of Seventh Day Adventists, and the
City of Lincoln outlining certain conditions and
understandings with regards to the annexation of
approximately 41 acres of property generally
located west of 84th Street and north of Highway 2.
(In connection w/03-21, 03-22, 03R-26, 03R-27)
Fact Sheet (10K), Attachment (25K)
(ACTION & P.H. CON'T. ONE WEEK TO 2/10/03, 6-0, CAMP ABSENT FOR VOTE)
12) 03R-26 Accepting and approving the preliminary plat of
Pine Lake Plaza for nine residential lots, 12 lots
for office/commercial and three outlots, with
waivers to the required intersection platforms,
non-radial or perpendicular side lot lines,
reconstruction of Pine Lake Road to urban section,
turning lane depth, sewer system running opposite
street grades and deeper than standards,
sidewalks, maximum block length, and pedestrian
way easement, on property generally located
northwest of the intersection of South 84th Street
and Highway 2.(In connection w/03-21, 03-22,
03R-26, 03R-27) Fact Sheet (814K)
(ACTION & P.H. CON'T. ONE WEEK TO 2/10/03, 6-0, CAMP ABSENT FOR VOTE)
13) 03R-27 Use Permit 145 - Application of Pine Lake
Development L.L.C. to develop 192,900 square feet
of office and commercial floor space, with a
waiver of minimum yard requirements, on property
generally located northwest of the intersection of
South 84th Street and Highway 2.(In connection
w/03-21, 03-22, 03R-25, 03R-26) Fact Sheet (737K)
(ACTION & P.H. CON'T. ONE WEEK TO 2/10/03, 6-0, CAMP ABSENT FOR VOTE)
14) 03R-28 Use Permit 43B - Application of Stockwell Office
Park Association to modify the sign plan of
Stockwell Office Park to decrease the sign area of
the permitted sign at the 14th Street vehicular
entrance and to increase the area and height of
the permitted sign adjacent to Lot 5, near S. 13th
Street. Fact Sheet (323K)
(LOST, 2-5, CAMP & SVOBODA ASSENTING; #38-4432)
15) 03R-29 Approving a waiver of the design standards for
ornamental street lighting in the Cather Addition
administrative final plat on property generally
located at North 27th Street and Cather Road. Fact Sheet (199K)
(ADOPTED, 7-0; A-81922)
16) 03R-30 Special Permit 1610C - Application of Joyce-
Hinkley Limited Partnership to adjust the front
yard from 20 feet to 19.5 feet for the
southernmost garage along North 58th Street, and
to revise the rear yard setback to 4.5 feet for
the westernmost garage along the north lot line,
on property generally located at 57th and Fremont
Streets. Fact Sheet (330K)
(PLACED ON PENDING, 5-2, MCROY & SENG DISSENTING)
17) 03R-31 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of January
1 - 15, 2003. Fact Sheet (5K), Attachment (32K)
(ADOPTED, 7-0; A-81923)
18) 03R-32 Approving the reappointment of Dana W. Roper as
City Attorney for a two-year term expiring January 18, 2005.
(ADOPTED, 7-0; A-81924)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
19) Report from City Treasurer of Telecommunication
Tax for the months of July, August & September, 2002:
AmeriVision Communications, Inc.; the months of October &
November, 2002: Alltel Communications of Nebraska,
Inc.; the months of Oct., Nov., & Dec., 2002:
Claricom Networks, Inc., Matrix Telecom, Touch 1
Communications, Inc.; the month of December, 2002:
GTC Telecom, Inc., LDMI Telecommunications, Inc.,
Business Telecom, Inc., NPCR, Inc., ATS Mobile
Telephone Co., Inc., Operator Communications,
Inc., OCMC, Inc., Lightyear Communications, Inc.,
COMDATA Telecommunications, Inc., Glyphics
Communications, Inc., Tri-M Communications, Inc.,
NOS Communications, Inc., RSL COM USA, Inc.,
Globalcom, Inc., AT&T Wireless, USA Paging, LLC,
VARTEC, ZONE Telecom, Inc., I-LINK Communications,
Inc., WorldXchange Corp., Big Planet, Inc.,
Association Administrators, Inc., Affinity
Network, Inc., ATT Wireless PCS LLC, Western Union
Communications, Inc., Nextel West Corp., WWC
License, LLC., Sprint Communication Company
Limited Partnership, Network Billing Systems,
LLC., Guaranteed Phone Service, Norstan Network
Services, Inc., Sprint Spectrum, L.P., Telco
Development Group De Inc., NOSVA Limited
Partnership, and Excel Telecommunications, Inc. (PLACED ON FILE)
20) MISCELLANEOUS REFERRALS
Approving the distribution of funds representing
interest earnings on short term investments of Idle Funds
during the month ended December 31, 2002. (ADOPTED, 7-0;
A-81926)
Clerk's Letter and Mayor's Approval of Ordinances & Resolutions
passed by Council on January 27, 2003. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
21) Investment of Funds for January 21 thru January 24, 2003.
(ADOPTED, 7-0; A-81926)
22) Report from City Treasurer of Franchise Tax for the month
of December, 2002 from Aquila. (PLACED ON FILE)
23) "Women's Voices: Finding Solutions 2003 Special
Report" prepared by Lincoln Lancaster Women's Commission.
(PLACED ON FILE)
24) Request of Public Works to set the Hearing Date of
Monday, February 24, 2003 at 5:30 p.m. and place on the formal
City Council Agenda the following: (Requires a motion) (APPROVED, 7-0)
03-27 Paving District: North 57th Street, Fremont to Hartley
Streets
03-28 Water District: NW 6th Street, West Dawes to West Saunders
ORDINANCES - 1ST READING (ITEMS 25-28 HAD 1ST READING)
25) 03-23 Amending the corporate limits of the City by
annexing approximately 7.1 acres of property
generally located at South 91st Street and
Pine Lake Road. (In connection w/03-24,
03R-33, 03R-34) Fact Sheet (214K)
26) 03-24 Change of Zone 3374 - Application of Hampton
Development Services for a change of zone
from AG Agricultural to R-3 Residential on
property generally located at south 91st
Street and Pine Lake Road. (In connection
w/03-23, 03R-33, 03R-34) Fact Sheet (240K)
27) 03-25 Approving an exchange of approximately 3.63
acres of land owned by the City of Lincoln
for 3.94 acres of land in order to relocate
an LES substation on property generally
located at 91st Street and Highway 2.
(Request 2nd & 3rd readings 2/10/03) Fact Sheet (430K)
28) 03-26 Approving a five-year lease-purchase
agreement between the City and Caterpillar
Financial Services Corp. for a 140-H Series
II Caterpillar Motor Grader.
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
29) 03-11 Creating Sidewalk Improvement District No. 94
in various locations within the City
including that area bounded on the north by
Fletcher Avenue, on the east by 84th Street,
on the south by Yankee Hill Road, and on the
west by N.W. 27th Street, and assessing the
cost thereof against the benefitted property.
(PASSED, 7-0; #18127)
30) 03-14 Authorizing the transfer of unspent and
unencumbered appropriations within the Public
Works & Utilities Department between certain
capital improvements projects within the
Sanitary Sewer Construction Fund, Water
Construction Fund, and Street Construction
Fund. (AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18128)
31) 03-15 Amending Ordinance 3060, passed July 29,
1929, which authorized the use of right-of-
way to the University of Nebraska for a steam
tunnel/conduit in 14th Street from R Street
to K Street to allow additional use of space
for telecommunications purposes. (In
connection w/03R-21) (PASSED, 7-0; #18129)
32) 03R-20 Approving an Interlocal Agreement between the
Board of Regents of the University of Nebraska and
the City to jointly place telecommunications
assets in the underground steam tunnel/conduit
located in 14th Street from R Street to K
Street. (In connection w/03-15) (1/27/03 -
Action delayed 1 wk to 2/3/03 Fact Sheet (111K)
(ADOPTED, 7-0; A-81927)
RECONSIDERATION
33) 03R-16 Pre-Existing Use Permit No. 3AA - Application of
Westfield Shoppingtown (formerly Gateway) to
replace, remove, and move various wall signs,
interior directional signs and perimeter signs at
Westfield Shoppingtown - Gateway, 6100 O Street.
(1/13/03 - Amendment, Lost 3-4; Cook, Friendt,
Seng, Werner Dissenting; Adopted, 7-0; A-81901)
(1/27/03 - Voted for Reconsideration, Action only
on 2/3/03) Fact Sheet (744K) (MOTION TO AMEND, 4-3,
COOK, SENG & WERNER DISSENTING; RECONSIDERED & ADOPTED
AS AMENDED, 5-2, COOK & WERNER DISSENTING; A-81901)
PENDING LIST - DATE CERTAIN (EXTENDED)
34) 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)(12/02/02 - Placed on pending to 1/13/03
w/ continued public hearing) (1/13/03 - Con't.
Public Hearing & Action to 2/10/03) Fact Sheet (725K)
35) 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)
(12/2/03 - Placed on pending to 1/13/03 w/continued
public hearing) (1/13/03 - Con't Public Hearing &
Action to 2/10/03) Fact Sheet (748K)
36) 03R-17 Special Permit 1990 - Application of Andermatt,
L.L.C. to construct an early childhood care
facility for up to 214 children on property
generally located northeast of the intersection of
South 91st Street and Heritage Lakes Drive. (In
connection w/03R-17) (1/13/03 - Con't. p.h. &
action to 1/27/03) (1/27/03 - Con't Public Hearing
& Action to 2/10/03) Fact Sheet (464K)
37) 03R-18 Approving a waiver of design standards requiring
that lot lines be perpendicular to streets on
property generally located northeast of the
intersection of South 91st Street and
Heritage Lakes Drive. (In connection w/03R-18)
(1/13/03 - Con't p.h. & action to 1/27/03)
(1/27/03 - Con't Public Hearing & Action to
2/10/03) Fact Sheet (451K)
38) 02R-305 Approving the termination of an Interlocal Agreement
between the City and County which created the Childcare
Advisory Committee.(12/16/02 - Placed on pending, no
date certain) (1/27/03 - To have Public Hearing & Action
2/10/03) Fact Sheet (139K)
PENDING LIST (EXTENDED ONE WEEK)
39) 00-65 Change of Zone 3196 - App. of the Interim Planning Director for a
change from B-1 Local Business & R-3 Residential to B-2 Planned
Neighborhood Business & from R-3 Residential to AGR Agricultural
Residential, on property generally located at S. Coddington Ave. &
W. Van Dorn St. (In connection w/00-67) (4/17/00 - Placed on
Pending) (3/5/01 - Placed on Pending) Fact Sheet (1.4M)
40) 00-67 Change of Zone 3247 - App. of the Interim Planning Director for
a change from AGR Agricultural Residential & R-3 Residential to
B-2 Planned Neighborhood Business, on property generally located on
the southwest corner of S. Coddington Ave. & W. Van Dorn St. (In
connection w/00-65) (4/17/00 - Placed on Pending) (3/5/01 - Placed
on Pending) Fact Sheet (949K)
41) 01-39 Vacating the south 40' of X St. adjacent to Lot 1, Block 6,
North Lincoln Add., generally located at N. 9th & X Sts. (4/2/01 -
Action delayed for two weeks to 4/16/01) (4/16/01 - Placed on
pending for 3 months 7/16/01) (7/9/01 - To remain on pending)
Fact Sheet (1.1M)
42) 01-66 Change of Zone 3315 - App. of Phil and Mary Durst for a change
from R-4 Residential to I-1 Industrial on property generally
located at South 1st and L Streets. (4/23/01 - Placed on Pending;
Pub. Hearing Cont'd.) Fact Sheet (997K), Photo's (618K),
Photo's (664K), Drawings (2.2M), Photo's (1.4M)
43) 01-182 Amending Chapter 5.36 of the Lincoln Municipal Code relating
to Peddlers by adding a new section to prohibit use by peddlers of
any truck over 21 feet in length in any residential zoning district,
except for the purpose of delivery goods. (12/17/01 - Placed on
Pending until 1/14/02) (1/7/02 - To remain on Pending)
Fact Sheet (4K)
44) 02R-20 Directing submittal to the qualified electors of the city a
proposed Charter amendment to Article IV, Section 7, to allow the
council, by ordinance, to change the compensation of council members
and to provide that no increase in compensation shall become
effective during the council term in which voted. (2/25/02 - Placed
on pending indefinitely.) Fact Sheet (4K)
45) 02-31 Vacating a 5' x 30'6" portion of North 7th Street adjacent to the
south 37' of Lot 9, Block 32, Original Plat of Lincoln, generally
located at N. 7th and P Streets. (3/18/02 - Public Hearing Cont'd.
w/3rd Reading) (3/25/02- Action delayed to 4/8/02) (In connection
W/02R-64) (4/8/02 -Placed on Pending until policy recommendation
from Urban Development) Fact Sheet (699K)
46) 02-39 Establishing a retirement incentive program for City employees who
meet certain age & service criteria. (In connection w/02R-63)
(3/25/02 - Pub. Hearing delayed to 4/15/02) (Request 2nd & 3rd
Reading w/Emergency Clause) (4/15/02-Pending Indefinitely, w/P.H.
& 2nd Reading when Bill is brought forward)Fact Sheet (1.1M)
47) 02R-63 Approving a transfer of appropriations from existing re-appro-
priations for budgets in various departments for the funding of the
retirement incentive program as set forth in Bill No. 02-39. (In
connection w/02-39)(3/25/02 - Pub. Hearing delayed to 4/15/02)
(4/15/02 - Placed on Pending Indefinitely w/Pub. Hearing when
Bill brought forward)
48) 02-114 Amending Chapter 2.54 of the Lincoln Municipal Code by adding a
new section entitled "Standards of Ethical Conduct for Employees
and Elected Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on pending until a
committee is formed) Fact Sheet (4K)
49) 02R-259 Comp. Plan Amendment 02001.A - Application of Realty Trust Group
to amend the 2025 Lincoln-Lancaster County Comprehensive Plan
to change the designation from Agriculture to Urban Residential
and Commercial uses, on property generally located at the northeast
corner of 84th and Van Dorn Streets.
(11/18/02-Pending Indefinitely) Fact Sheet (241K)
50) 02R-261 Comp. Plan Amendment 02001.B - Application of Realty Trust Group
to amend the 2025 Lincoln-Lancaster County Comprehensive Plan to
change the designation from Agriculture to Urban Residential and
Commercial uses, on property generally located at the southeast
corner of 84th and South Streets. (11/18/02 - Pending
Indefinitely) Fact Sheet (100K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON FEBRUARY 10, 2003, 1:30 P.M.: (APPROVED, 7-0)
51) 03R-33 Special Permit 1762A - Application of Hampton
Development Services to develop Vintage Heights
3rd Community Unit Plan for 946 dwelling units,
with variances to the front yard setbacks, lot
width, and lot area, on property generally located
at South 91st Street and Pine Lake Road. (In
connection w/03-23, 03-24, 03R-33, 03R-34)
Fact Sheet (618K)
52) 03R-34 Accepting and approving the preliminary plat of
Vintage Heights 3rd Addition for approximately 182
lots, with waivers to the required lot frontage,
lot depth-to-width ratio, and sidewalks on the
south side of Venice Court, on property generally
located at South 91st Street and Pine Lake Road.
(In connection w/03-23, 03-24, 03R-33, 03R-34)
Fact Sheet (611K)
Please note: During the open microphone & registered section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of topics.
ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED
ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE
CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE
AGENDA, SHOULD NOTIFY THE CITY CLERK BY 10:00 A.M. ON THE
WEDNESDAY (2/5/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (2/10/03).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THIS TIME.
ADJOURNMENT - 5:42 P.M.
History