|
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.
****
History