Online Services Government Employment Education Business Tourism Need Help
City Council Heading City Letter Head
		 			 			 		 			 	 		
                  ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                           MONDAY, JULY 28, 2003, AT 1:30 P.M.


                              
PUBLIC HEARING
LIQUOR RESOLUTIONS 

 1)            Application of FB Northstar LLC dba Fast Break for
               a Class D liquor license at 5700 North 33rd
               Street.(ADOPTED FOR APPROVAL, 7-0; A-82229)

 2)            Manager application of Peggy C. Roeder for FB
               Northstar LLC dba Fast Break at 5700 North 33rd
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-82230)

          
PUBLIC HEARING 
ORDINANCES - 2nd READING (ITEMS 3 & 4 HAD 2ND READING; SEE ITEM #4)

 3)  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)
               Attachment (15K)
 							 
 4)  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)
               (PUBLIC HEARING CONT. WITH ACTION ON 8/4/03, 7-0)							 


PUBLIC HEARING - RESOLUTIONS

 5)            Application of Star City Optimist Youth Foundation
               at 4000 South 56th Street, #113B to conduct a raffle
               within the City of Lincoln from July 25, 2003 through
               October 21, 2003. (ADOPTED, 7-0; A-82231)

6)   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) (ADOPTED, 7-0; A-82232)

7)   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 caf‚.(7/21/03 - Con't Public Hearing
               to 7/28/03)  (ADOPTED, 7-0; A-82233)

8)   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.
               (ADOPTED, 7-0; A-82234)

9)   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)
               (ADOPTED, 7-0; A-82235)
							 
10)  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. (ADOPTED, 7-0; A-82236)

11)  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)
               (ADOPTED, 7-0; A-82237)	
						 
12)  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)
	       (ADOPTED, 7-0; A-82238)			 

13)  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)
               (ADOPTED, 7-0; A-82239)
							 
14)  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)
                (ADOPTED, 7-0; A-82240)
			 
15)  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)
               (LOST, 0-7; #38-4448)			 

                         - END OF PUBLIC HEARING -


PETITIONS & COMMUNICATIONS

16)            App. of Special Olympics Nebraska, 8801 F Street,
               to conduct a raffle within the City.  (Need motion
               to set hearing date of Aug. 4, 2003 at 1:30 p.m.)
               ( APPROVED TO HAVE PUBLIC HEARING & ACTION
               ON 8/4/03 AT 1:30 P.M., 7-0)

17)            App. of American Red Cross - Lancaster County
               Chapter, 220 Oakcreek Dr., to conduct a raffle
               within the City.  (Need motion to set hearing date
               of Aug. 4, 2003 at 1:30 p.m.)( APPROVED TO
               HAVE PUBLIC HEARING & ACTION ON 8/4/03 AT
               1:30 P.M., 7-0)

18)         THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
               Special Permit 2012 - App. of Alltel
                    Communications, Inc. to construct a
                    broadcast tower on property of Berean
                    Fundamental Church of Lincoln at 6400 S.
                    70th Street.
               Change of Zone 3408 - App. of Ridge Development
                    Company and Southview, Inc. to permit a mixed
                    use commercial center at the northeast corner of
                    South 27th Street and Yankee Hill Road.
               Change of Zone 3409 - App. of Ridge Development
                    Company and Southview, Inc. to permit a
                    neighborhood center at the northwest corner of
                    South 27th Street.
               Change of Zone 3412 - App. of Antelope Park
                    Neighborhood Assn. to change from R-4 to R-2
                    the north side of Washington St. to the southside
                    of Cable St., the east side of 27th St. on the
                    west to Jefferson Avenue on the east
                    excepting currently R-2 zone area by Change
                    of Zone 3354.
               Use Permit 134A - App. of Ridge Development
                    Company and Southview, Inc. to permit a
                    neighborhood center at northeast of South 27th
                    Street and Yankee Hill Road.
               Use Permit 149 - App. of Ridge Development Company
                    and Southview, Inc. to permit a neighborhood 
                    center at northwest of South 27th Street and
                    Yankee Hill Road.
               Special Permit 2022 - App. of Ridge Development
                    and Southview, Inc. to permit a mixed use
                    commercial center at the northeast corner of
                    South 27th Street and Yankee Hill Road.
               Special Permit 2023 - App. of LeGrande Excavation
                    Inc. for extraction of soil at 124th Street and
                    Pine Lake Road.

19)            Petition to Vacate Public Way all of Telluride
               Circle to replat subdivision and give a new right-
               of-way to incorporate it into new lots submitted
               by Lincoln North Creek, L.L.C. (Referred to Law
               Dept.)(REFERRED TO LAW DEPT.)

							 20)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Ordinances &
               Resolutions passed by Council on July 21, 2003.
               (PLACED ON FILE)

	       Report of City Treasurer for Telecommunications 
               Occupation Tax for the month of June, 2003: April - June,
               2003: AmericVision; June, 2003: LDMI, WorldXchange, Big
               Planet, Inc., Glyphics, NOSVA, Lightyear, Zone Telecom.,
               NOS, I-Link, Association Adm., COMDATA, GTC, Guaranteed
               Phone Service, Network Billing Systems, Globalcom, ATT
               Wireless, D &D , Tri-M, Affinity Network (PLACED ON
               FILE)

               Report from City Treasurer of Franchise tax for the
               month of June 2003 from Aquila. (PLACED ON FILE)

               Notice of Appeal - Impact Fee filed by Craig Leibold
               of Ayars & Ayars, Inc. for "Service Replacement Only"
               on property at 3801 South 9th Street.
              (REFERRED TO PUBLIC WORKS)(APPROVED TO HAVE PUBLIC 
               HEARING & ACTION ON 9/8/03, 7-0)


REPORTS OF CITY OFFICERS - NONE



ORDINANCES - 1st READING (ITEMS 21 THRU 33 HAD 1ST READING)

21)  03-109    Change of Zone 3407 - Application of Mike Moser
               for a change of zone
               from R-2 Residential District to R-3 Residential
               District on property generally located southwest
               of the intersection of Cherrywood Drive and
               Sycamore Drive. (In connection w/03R-197)
               Fact Sheet (887K)
							 
22)  03-110    Adopting pay schedules and schedules of pay ranges
               for employees whose
               classifications are assigned to pay ranges
               prefixed by the letter N.
               Fact Sheet (138K)
							 
23)  03-111    Adopting pay schedules and schedules of pay ranges
               for employees whose
               classifications are assigned to pay ranges
               prefixed by the letter X.
               Fact Sheet (138K)
							 
24)  03-112    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned 
               to pay ranges prefixed by the letter B.
               Fact Sheet (47K)
							 
25)  03-113    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter A and C.
               Fact Sheet (138K)
							 
26)  03-114    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned 
               to pay ranges prefixed by the letter E.
               Fact Sheet (47K)
							 
27)  03-115    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter F.
               Fact Sheet (46K)
							 
28)  03-116    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter M.
               Fact Sheet (47K)
							 
29)  03-117    Adopting pay schedules and schedules of pay ranges
               for employees whose classifications are assigned 
               to pay ranges prefixed by the letter P.
               Fact Sheet (138K)
							 
30)  03-118    Amending Chapter 2.76 of the Lincoln Municipal
               Code relating to the Personnel System by amending 
               Section 2.76.153, Compensation, Merit Pay Plan,
               Shift Differential; Section 2.76.200 Compensation Plan,
               Temporary Assignment in a Higher Classification;
               Section 2.76.380 Sick Leave With Pay; and Section
               2.76.475, Grievance Procedure, to reflect
               negotiated changes and changes applicable to
               employees not represented by a bargaining unit.
               Fact Sheet (47K)
							 
31)  03-119    Amending Chapter 3.20 of the Lincoln Municipal
               Code relating to the Street Improvement Vehicle
               Tax to amend the definition of "construction" to
               include street designing; to allow funding for
               design and right-of-way acquisition; and to increase
               the fee schedule for the street improvement vehicle tax.
               (Public Hearing to be held on 8/4/03 and
               8/11/03)

32)  03-120    Amending the Lincoln Municipal Code to create a
               new Chapter 3.26 to levy an occupation tax on
               retailers of motor vehicle fuel at a rate of 5 cents
               per gallon of motor vehicle fuel.(Public hearing
               to be held on 8/4/03 and 8/11/03)
               Motion to Amend 1 (6K)
               Motion to Amend 2 (6K)
							 
33   03-123    Approving a Sublease Agreement between the City
               and the State of Nebraska DAS/State Building Division
               on behalf of Vocational Rehabilitation Services,
               Department of Education for a sublease of space at
               1010 N Street to provide job training and employment
               services under the Workforce Investment Act.


ORDINANCES - 3RD READING  

34)  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.  (PASSED, 7-0; #18211)

35)  03-105    Authorizing the issuance of not to exceed
               $1,250,000.00 City of Lincoln, Nebraska Lincoln
               Mall Redevelopment Project Tax Allocation Bonds.
               (PASSED, 7-0; #18212)

36)  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.(PASSED, 7-0; #18213)


PENDING LIST - DATE CERTAIN

37)  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)
							 
38)  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. (7/21/03- Pending;Con't P.H. & 
               Action on 9/8/03)


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)  01-182    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)
							 
43)  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)
							 
44)  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)
							                
45)  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)
							 
46)  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)
							 
47)  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)
							 
48)  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)

49)  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)



WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
     HEARING ON MONDAY, AUGUST 4, 2003 AT 1:30 P.M.:
						      (APPROVED, 7-0)
50)  03R-197   Special Permit 2017 - Application of Mike Moser to
               develop Maple
               Village Community Unit Plan for 36 attached
               single-family dwelling units and one single-family
               unit, with waivers to eliminate the preliminary
               plat process; to allow the Director of Planning to
               approve administrative final plats in accordance
               with the approved community unit plan; to allow
               the Director of Planning to approve administrative
               final plats that include public streets and
               private roadways; to waive the required rear yard
               setbacks, front yard setbacks, average lot width,
               lot area, centerline curve radius, and private
               roadway width, on property generally located
               southwest of the intersection of Cherrywood Drive
               and Sycamore Drive. (In connection w/03-
               109)
               Fact Sheet (1,162K)
							 
51)  03R-198   Use Permit 123A - Application of Landstar, L.L.C.
               to amend Landmark Corporate Center to reduce the rear
               yard setback from 20' to 17' on the North Half of
               Lot 2, Block 1, Landmark Corporate Center, on property
               generally located at North 33rd Street, north of
               Folkways Boulevard.
               Fact Sheet (828K)
							 
52)  03R-199   Approving the 2003-2004 Management and Maintenance
               BID Budgets and Program of Work for the Downtown Lincoln
               Association Program for the period of September 1,
               2003 to August 31, 2004.
               Fact Sheet (40K)
               Attachment (415K)
							 
53)  03R-200   Approving a labor contract between the City and
               the Amalgamated Transit Union effective August 14, 2003.
               Fact Sheet (46K)
               Fact Sheet 2 (151K)
							 
54)  03R-201   Approving a labor contract between the City and
               the Lincoln City Employees Association to be 
               effective August 14, 2003.
               Fact Sheet (138K)
               Fact Sheet 2 (80K)
							 
55)  03R-202   Approving a labor contract between the City and
               the Lincoln Police Union effective August 14, 2003.
               Fact Sheet (138K)
               Fact Sheet 2 (110K)
							 
56)  03R-203   Authorizing Reynold McMeen dba Misty's Steakhouse
               and Brewery to occupy a portion of the public 
               right-of-way at 200 North 11th Street for use as a
               sidewalk caf‚. 

57)  03R-204   Approving the application of the University of
               Nebraska-Lincoln for use of the public right-of-way
               for the installation of an 4" electric conduit under
               North 14th Street between Q and R Streets.
               Fact Sheet (59K)
               Attachment (662K)
							 
58)  03R-205   Approving an Agreement between the City and the
               Nebraska Department of Roads for Project No. S-66-6
               (1006) for the construction of a 48" and 36" waterline
               relocation in Ashland at Highway 6 and Highway 63.
               Fact Sheet (60K)
               Attachment (565K)
							 
59)  03R-206   Approving an Agreement between the City and the
               Nebraska Department of Roads for Project No. STPC-5242(4)
               in the Antelope Valley Military Road and Bridge
               Project to be eligible to receive Federal Funds. 
               Fact Sheet (59K)
               Attachment (1.35MB)
							 
60)  03R-207   Approving an Agreement between the City and the
               Nebraska Department of Roads for Project No. STPC-5242(3)
               in the Antelope Valley Y Street Bridge and Roadway
               Project to be eligible to receive Federal Funds. 
               Fact Sheet (62K) 
               Attachment (804K)
							 
61)  03R-208   Approving a resolution directing the submission of
               a proposed general obligation bond issue for acquisition
               and construction of improvements to the City's streets
               and avenues, including sidewalks and trails at a
               Special Election. (Public Hearing to be held on
               8/4/03 and 8/11/03)

62)  03R-209   Approving a new schedule for water use charges and
               approving the issuance of additional revenue bonds 
               for the Capital Improvements Program FY 2003-04.
               (Public Hearing to be held on 8/4/03 and 8/11/03)
               Fact Sheet (64K)
							 
63)  03R-210   Approving a new schedule for wastewater use
               charges and approving the issuance of additional revenue
               bonds for the Capital Improvements Program FY 2003-04.
               (Public Hearing to be held on 8/4/03 and 8/11/03)
               Fact Sheet (59K)
							 
64)  03R-211   Approving an increase in the monthly rate for the 911
               Surcharge from 50 cents to $1.00 per line. (Public
               Hearing to be held on 8/4/03 and 8/11/03)
               Fact Sheet (83K)
               Attachment (22K)
							 
65)  03R-212   Amending the 2002-03 Capital Improvement Budget to 
               include the construction of the Highway 2 Connector
               Trail from 56th Street and Highway 2 to Highway 2 and
               Old Cheney Road.


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 (7/30/03) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (8/4/03).

 
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  4:50 P.M.
                                
                              ****
                    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.
                               ****
InterLinc Home Page

History