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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 21, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
Note: The Council Meeting of Monday, July 28th will be at 1:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Geemax, Inc. dba N-Zone for a
special designated license covering an area
measuring 42 feet by 50 feet at 728 ½ Q
Street on August 30, September 6, 13, October 4,
18, 25, and November 15, 2003 from 8:00 a.m. to
1:00 a.m. (AMENDED, 5-2, COOK & WERNER DISSENTING;
ADOPTED FOR APPROVAL, 7-0; A-82217)
2) Application of Pershing Center for a special
designated license to cover an area on N Street
from 16th to the middle of the block between 15th
and 14th Streets, Centennial Mall from O Street to
M Street, on August 14, 15, 16, and 17, 2003 from
11:00 a.m. to 11.59 p.m. (ADOPTED FOR APPROVAL, 7-0;
A-82218)
3) Application of Updowntowners Inc. for a special
designated license to cover an area measuring
approximately 450' by 90' north/south and 450' by
90' east/west in 12th Street M/N-O St., and N St.
11th/12th-13th Street, on July 24, 2003 from 6:00
p.m. to 1:00 a.m., July 25, 2003 from 11:00 a.m.
to 1:00 a.m., and July 26, 2003 from 12:00 p.m. to
1:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-82219)
4) Manager Application of Scott C. Gwartney for
Brinker Restaurant Corp. dba Romano's Macaroni
Grill at 6800 South 27th Street. (ADOPTED FOR APPROVAL,
7-0; A-82220)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 5 - 8 HAD 2nd READING, SEE ITEM #5)
5) 03-103 Amending Chapter 10.26 of the Lincoln Municipal
Code to reflect the changes to the Transportation
Plan of the Lincoln-Lancaster County Comprehensive
Plan. (PLACED ON PENDING, DATE CERTAIN & CON'T P.H.
AND ACTION on 9/8/03, 7-0)
Fact Sheet (70K)
6) 03-104 Approving a Sublease Agreement between the City
and Nebraska DAS/State Building Division on behalf
of Nebraska Workforce Development, Department of
Labor 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.
7) 03-105 Authorizing the issuance of not to exceed
$1,250,000.00 City of Lincoln, Nebraska Lincoln
Mall Redevelopment Project Tax Allocation Bonds.
8) 03-106 Authorizing the issuance of not to exceed
$5,500,000.00 City of Lincoln, Nebraska
Entertainment Center/Old Federal Building
Redevelopment Project Tax Allocation Bonds.
PUBLIC HEARING - RESOLUTIONS
9) 03R-184 Authorizing Monica McClenahan dba Dish to occupy a
portion of the public right-of-way at 1100 O
Street for use as a sidewalk cafe. (P.H. CON'T.
W/ACTION IN ONE WEEK on 7/28/03, 7-0)
10) 03R-185 Special Permit 2021 - Application of Truax Homes
to operate an early childhood center for 100
children in an R-T Transition district, with a
waiver to the requirement that facilities with 31
or more children have frontage on an arterial
street, on property generally located at South
56th Street and Waltz Road. (ADOPTED, 7-0; A-82221)
Fact Sheet (461K)
11) 03R-186 Declaring an area generally bounded by C Street on
the south, 17th Street on the west, the Burlington
Northern Railroad on the north, and 28th Street on
the east and also including an area generally
bounded by the Burlington Railroad on the south,
Interstate 180 on the west, Salt Creek on the
north, and 14th Street on the east (the Antelope
Valley Project Area), as blighted and substandard.
Fact Sheet (644K) (ADOPTED, 7-0; A-82222)
12) 03R-187 Appointing Dan Marvin to the Lincoln-Lancaster
County Planning Commission to fill an unexpired
six-year term expiring August 24, 2005.
Attachment (133K) (ADOPTED, 6-1, FRIENDT DISSENTING; A-82223)
13) 03R-189 Approving an Annexation Agreement between the City
of Lincoln, Pine Lake Association, and Sanitary
and Improvement District No. 2 outlining certain
conditions and understandings with regards to the
annexation of approximately 160 acres of property
generally located northwest of the intersection of
South 84th Street and Pine Lake Road.
Attachment (89K) (ADOPTED, 7-0; A-82224)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
14) Setting the Hearing Date of Monday, August 4, 2003
for the App. of Katch, LLC dba Luckie's Lounge &
Restaurant at Ramada Inn for a Class "C" liquor
license located at 1101 W. Bond Street. (ADOPTED,
7-0; A-82225)
15) Setting the Hearing Date of Monday, August 4, 2003
for the App. of JTM, Inc. dba Grapevine/City
Spirits for a Class"C" liquor license located at
2620 Stockwell. (ADOPTED, 7-0; A-82226)
16) MISCELLANEOUS REFERRALS
Investment of funds for the week of July 7 thru July 11, 2003.
(ADOPTED, 7-0; A-82227)
Clerk's Letter and Mayor's Approval of Ordinances & Resolutions
passed by Council on July 14, 2003. (PLACED ON FILE)
Report of City Treasurer of Monthly City Cash Report for
the Month of June, 2003. (PLACED ON FILE)
Report of City Treasurer for Telecommunications Occupation
Tax for the month of June, 2003: VARTEC; NPCR Inc.; Touch 1
Communications, Inc.; ATS Mobile Telephone Co., Inc.; for
months of April - June, 2003: Aliant; Claricom Networks, LLC;
and Matrix Telecom, Inc. (PLACED ON FILE)
Formal Paving Petition District No. 362-A for the east/west
alley, 48th to 49th Street, Lowell to Meredeth Streets, submitted
by Glenn Yurth. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
17) Investment of Funds for the week of June 30
through July 3, 2003. (ADOPTED, 7-0; A-82228)
ORDINANCES - 1st READING (ITEMS 18 & 19 HAD 1st READING)
18) 03-107 Change of Zone 3406 - Application of Jerry and
Janet Joyce for a PUD to expand the parking area
for existing office buildings and change of zone
from R-2 Residential to O-3 Office Park, with
waivers to the required minimum lot area, rear
yard setback, parking in the front and side yards,
and parking lot screening, on property generally
located at 81st and O Streets.
Fact Sheet (493K)
Atttachment (16K)
19) 03-108 Amending Ordinance No. 17366 for the widening,
reconstruction and improvements in S. 70th Street
from LaSalle Street to Nebraska Highway 2; South
84th Street from Oakdale Ave. to 1500 feet south
of Nebraska Highway 2; Pioneers Blvd. from South
70th Street to South 84th Street; Old Cheney Road
from Nebraska Highway 2 to South 88th Street; and
Pine Lake Road from South 84th Street to South
98th Street; to reflect changes in traffic volumes
and in the Comprehensive Plan goals.
Fact Sheet (56K)
ORDINANCES - 3RD READING
20) 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. (PASSED, 7-0; #18206)
Fact Sheet (56K)
21) 03-99 Renaming W. Garfield Place generally located
at S.W. 26th Street and W. Garfield Place as W.
Garfield Street. (PASSED, 7-0; #18207)
Fact Sheet (620K)
22) 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. (PASSED, 7-0; #18208)
Fact Sheet (18K)
Attachment (27K)
23) 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. (PASSED, 6-0, NEWMAN ABSTAINING;
#18209)
Fact Sheet (608K)
24) 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. (PASSED, 6-0, NEWMAN ABSTAINING;
#18210)
Fact Sheet (794K)
RECONSIDERATION REQUESTED BY PLANNING DEPARTMENT:
25) 03R-172 Comp. Plan Amendment 03017 - Application of Jim
Burden to amend the 2025 Lincoln/Lancaster County
Comprehensive Plan to include a presentation of a
universal transportation service known as Personal
Rapid Transit or PRT.(County Commissioners voted
to deny 7/15/03) (RECONSIDERED, 7-0; AMENDED 5-2, CAMP &
COOK DISSENTING; ADOPTED AS AMENDED, 6-1, COOK DISSENTING;
A-82213)
Fact Sheet (1.3MB)
PENDING LIST - DATE CERTAIN (EXTENDED ONE WEEK)
26) 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.
(7/14/03 - Claim of Emery D. Norval
placed on Pending w/con't. Public Hearing
& Action 7/28/03)
Fact Sheet (14K)
Attachment (31K)
27) 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 Street (7/14/03 - Pending;
con't P.H. & Action on 8/18/03)
Fact Sheet (333K)
PENDING LIST (EXTENDED ONE WEEK)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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. (05/05/03 - Placed on
Pending)
38) 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. (7/07/03 - Pending;
to have public hearing w/vacation Ordinance)
Fact Sheet (895K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, JULY 28, 2003 AT 1:30 P.M.: (APPROVED, 7-0)
39) 03R-179 Approving a License Agreement between the City and
the Cornhusker Council of the Boy Scouts of
America to erect lighted holiday displays in
Mahoney Park from the third Friday in November
until the first Sunday in January each year for a
period of ten years.
40) 03R-190 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of July 1
- 15, 2003.
Fact Sheet (15K)
Attachment (31K)
41) 03R-191 Approving Addendum I to the 911 ANI/ALI Database
License Agreement for Selective Router Enhanced
911 Service for the addition of Selective Routing
service which automatically routes a 911 call to
the public service answering point responsible for
that location's public safety.
42) 03R-192 Approving the 2003-04 BMP and Dry Weather Storm
Drainage Assessment by UNL - Civil Engineering
Department to monitor urban water quality.
Fact Sheet (57K)
43) 03R-193 Approving an agreement between the City and the
Airport Authority outlining construction and
maintenance responsibilities for the Water Main
Construction project (Project No. 701652)
generally located in N.W. 47th Street, Mathis to
Superior Streets.
Fact Sheet (58K)
44) 03R-194 Approving an Agreement between the City and BKD,
LLP for Auditing Services for the Fiscal Years
ending August 31, 2003, 2004, 2005, and 2006 for
Lincoln Water and Wastewater Systems.
Fact Sheet (55K)
Attachment (306K)
45) 03R-196 Approving an Agreement between the City and BKD,
LLP for Auditing Services to City of Lincoln for
the Fiscal Years ending August 31, 2003, 2004,
2005, and 2006.
Attachment (354 K)
46) 03R-195 Pre-Existing Special Permit No. 29A - Application
of Duane Hartman Investments, Inc. for authority
to sell alcoholic beverages for consumption off
the premises on property generally located at S.
Folsom and W. Prospector Court.
Fact Sheet (738K)
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 (7/23/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (7/28/03).
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 - 4:12 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