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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 7, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
Note: Council Meeting of Monday, July 28th will be at 1:30 P.M.
STATE OF THE CITY ADDRESS - MAYOR COLEEN J. SENG
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Zoo Limited, Inc. dba Zoo Bar for a
special designated liquor license to cover an area
generally located at N Street, 13th to 14th Streets
and the Sharp Building parking lot at 14th and N Streets
on July 11, 2003 from 4:00 p.m. to 1:00 a.m. and on
July 12, 2003 from noon to 1:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-82183)
2) Application of Heidelberg South, Inc. dba
Heidelberg's South for a Class C liquor license at
1601 Normandy Court. (ADOPTED FOR APPROVAL, 7-0; A-82184)
3) Manager Application of Lawrence L. Lind for
Heidelberg South, Inc. dba Heidelberg's South at
1601 Normandy Court. (ADOPTED FOR APPROVAL, 7-0; A-82185)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 4-6 HAD 2nd READING)
4) 03-95 Renaming "K-Mart Drive" located east off of
North 27th Street near Cornhusker Highway as
"Knox Street".
Fact Sheet (635K)
5) 03-96 Approving a five year/5,000 hour lease
agreement with a buy-out option between the
City and Caterpillar Financial Services to
provide a 90-horse power class backhoe loader
for use by the Public Works & Utilities Water
Division in construction and maintenance
projects.
Fact Sheet (57K)
Attachment (201K)
6) 03-97 Approving a five year/5,000 hour lease
agreement with a buy-out option between the
City and Caterpillar Financial Services to
provide a 90-horse power class backhoe loader
for use by the Public Works & Utilities Wastewater/Solid
Waste Division in construction and maintenance projects.
Fact Sheet (57K)
Attachment (198K)
PUBLIC HEARING - RESOLUTIONS
7) 03R-176 Special Permit 2014 - Application of Regal
Building Systems, Inc. to develop Northview Villas
Community Unit Plan for 61 multi-family dwelling
units in 7 structures, on property generally
located at North 24th Street between Dodge and
Superior Streets. (LOST, 2-5, CAMP & SVOBODA ASSENTING; #38-4445)
Fact Sheet (922K)
8) 03R-177 Special Permit 2005 - Application of Hartland
Homes Inc. to develop Betty's Haven Community Unit
Plan for 23 dwelling units, with waivers of the
required lot width, lot area, lot depth to width
ratio, the requirement to submit a preliminary
plat, and that final plats accepting the
dedication of public streets and private roadways
be reviewed by the Planning Commission, on
property generally located at W. South Street and
S. Coddington Ave. (ADOPTED, 5-2, COOK & MCROY DISSENTING; A-82186)
Fact Sheet (722K)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
9) Setting the hearing date of Monday, July 14, 2003
at 1:30 p.m. for App. of Carlos O'Kelly's, Inc.
dba Carlos O'Kelly's Mexican Cafe for a Class I
liquor license located at 3130 Pine Lake Rd.
(ADOPTED, 7-0; A-82187)
10) Setting the hearing date of Monday, July 21, 2003
at 1:30 p.m. for Manager App. of Scott C. Gwartney
for Brinker Restaurant Corporation dba Romano's
Macaroni Grill located at 6800 S. 27th Street.
(ADOPTED, 7-0; A-82188)
11) MISCELLANEOUS REFERRALS
Report of City Treasurer for Telecommunications Occupation
Tax for the month of May, 2003: United Systems Access Telecom;
Intellicall Operator Services; Alltel Communications of Nebraska,
Inc.; Alltel Systems of the Midwest, Inc.; Alltel Nebraska, Inc.;
Bell Atlantic Communications, Inc.; Primus Telecommunications,
Inc.; Qwest Communications, Corp.; ACN Communications Services,
Inc.; Touch America; Verizon Select Services, Inc.; AT&T Comm.
Of Midwest; Trans National Comm. International; Working Assets
Funding Service; OnStar Corporation; Global Crossing
Telecommunications, Inc.; Cricket Communications, Inc.; Virgin
Mobile USA; Broadwing Telecommunications; and Nebraska Technology
& Telecommunications, Inc. (PLACED ON FILE)
Clerk's Letter and Mayor's Approval of Resolutions and Ordinances
passed by Council on June 30, 2003. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
12) Investment of Funds from June 23 thru June 27, 2003.
(ADOPTED, 7-0; A-82189)
13) Approving the distribution of funds representing
interest earned on short term investments of Idle Funds
during the month ended May, 2003. (ADOPTED, 7-0; A-82190)
14) Report of City Treasurer for Telecommunications
Occupation Tax for the month of May, 2003: Sprint
Communication Company Limited Partnership; McLeod
USA Telecommunications Services, Inc.; Norstan
Network Services, Inc.; MCI WorldCom Network
Service, Inc.; D & D Communications, Inc.; Network
Billing Systems, LLC; and Sprint Spectrum, L.P.
(PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 15 - 19 HAD 1st READING)
15) 03-98 Amending Chapter 14.36 of the Lincoln
Municipal Code relating to housemoving to
only require a building permit for
housemoving within the city limits, to modify
registration fee provisions, to increase the
liability insurance, to increase the permit
fee, to eliminate certain other fees, to
modify permit conditions of approval, to
modify provisions requiring moved structures
to comply with the building code, to require
a demolition permit, and removal of debris
from the premises.
Fact Sheet (56K)
16) 03-99 Renaming W. Garfield Place generally located
at S.W. 26th Street and W. Garfield Place as
W. Garfield Street.
Fact Sheet (620K)
17) 03-100 Adopting the Corporate Limits Map dated July 1,
2003 as the established and fixed boundaries of
the corporate limits of the City of Lincoln,
Lancaster County, Nebraska.
Fact Sheet (18K)
Attachment (27K)
18) 03-101 Amending the Lincoln Corporate Limits Map by
annexing approximately 160 acres of property
generally located northwest of the intersection of
South 84th Street and Pine Lake Road.
Fact Sheet (608K)
19) 03-102 Declaring approximately 33.55 acres of property
generally located northwest of the intersection of
South 84th Street and Pine Lake Road as surplus
and authorizing the sale thereof.
Fact Sheet (794K)
ORDINANCES - 3RD READING
20) 03-93 Creating Alley Paving District No. 362A in the
east/west alley from 48th Streets between Lowell
and Meredeth and assessing the costs thereof
against the benefitted properties. (PASSED, 7-0; #18202)
PENDING LIST - DATE CERTAIN (EXTENDED ONE WEEK)
21) 03R-131 Approving an Agreement between the City and the
Nebraska Department of Roads for City Project No.
546007 for the proposed funding of a roundabout at
the intersection of S. 40th Street and Sheridan
Blvd. (6/2/03 - Public Hearing Con't. & Action
delayed to 7/14/03)
Fact Sheet (60K)
Agreement (387K)
PENDING LIST (EXTENDED ONE WEEK)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 03-65 Amending Chapter 4.62 of the Lincoln
Municipal Code to establish a Police and Fire
Pension Plan Board of Trustees to provide
oversight and direction with regard to the
investment of the assets of the Police and
Fire Pension Plans. (5/05/03 - Placed on
Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, JULY 14, 2003 AT 1:30 P.M.: (APPROVED, 7-0, SEE ITEMS #33)
32) 03R-180 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of June
16, to 30, 2003.
Fact Sheet (14K)
Attachment (31K)
33) 03R-181 Approving a waiver of subdivision requirements for
the installation of sanitary sewers in 1st Street,
water mains in 1st Street, storm sewers in 1st and
2nd Streets, street paving in 1st and 2nd Streets,
street trees, and sidewalks along 1st and 2nd
Streets, within the People's City Mission
Administrative Final Plat generally located at
North 2nd and R Streets. (PLACED ON PENDING UNTIL
VACATION ORDINANCE COMES FORWARD, 7-0)
Fact Sheet (894K)
34) 03R-182 Adopting changes to the Lincoln Lancaster County
Air Pollution Program Regulations and Standards to
update current regulations including changes in
State of Nebraska EPA air quality requirements; to
require registration of emergency electric
generators operated in commercial, industrial, and
institutional facilities; to allow the use of
emergency electrical generators in nonemergency
situations; and creating a streamlined
construction permit process for emergency
electrical generators who participate in a special
power purchase program established by the local
utility.
Attachment (271K)
35) 03R-183 Approving Heidelberg's South at 1601 Normandy
Court as a Keno satellite site.
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTION WILL HAVE
PUBLIC HEARING ON THURSDAY, JULY 10, 2003 AT 5:30 P.M.: (APPROVED, 7-0)
36) 03R-178 Comp. Plan Amendment 03016 - Application of the
planning Director on behalf of Dwaine Rogge to
amend the 2025 Lincoln/Lancaster County
Comprehensive Plan to change a portion of property
designated "Environmental Resources" to
"Industrial" between Salt Creek and Arbor Road,
west of North 70th St.
Fact Sheet (333K)
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.
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 (7/9/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING (7/14/03)
ONE 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 - 5:30 P.M.
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The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
http://www.lincoln.ne.gov
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History