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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 4, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
NOTE: THE COUNCIL MEETING OF AUGUST 11, 2003 WILL BE HELD AT 5:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) App. of Katch LLC dba Luckie's Lounge & Restaurant
at Ramada Inn for a Class C liquor license at 1101
W. Bond. (ADOPTED FOR APPROVAL, 7-0; A-82241)
2) Manager App. of Kathleen A. Hogge for Katch LLC
dba Luckie's Lounge & Restaurant at Ramada Inn at
1101 W. Bond. (ADOPTED FOR APPROVAL, 7-0; A-82242)
3) App. of JTM Inc. dba Grapevine/City Spirits for a
Class C liquor license at 2620 Stockwell. (ADOPTED
FOR APPROVAL, 7-0; A-82243)
4) Manager App. of Travis P. Langford for JTM Inc.
dba Grapevine/City Spirits at 2620 Stockwell. (ADOPTED
FOR APPROVAL, 7-0; A-82244)
PUBLIC HEARING
ORDINANCES - 2nd READING & FINANCE PACKAGE RESOLUTIONS (ITEMS 5-21 HAD PUBLIC HEARING)
5) 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)
6) 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)
7) 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)
8) 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)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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 St. to provide job training and
employment services under the Workforce Investment
Act.
PUBLIC HEARING
ORDINANCE - 3rd READING
22) 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. (MOTION TO AMEND,
LOST, 2-5, CAMP & SVOBODA ASSENTING; PASSED, 7-0; #18214)
Fact Sheet (56K)
PUBLIC HEARING - RESOLUTIONS
23) Application of Special Olympics Nebraska, 8801 F
Street to conduct a raffle within the City of
Lincoln from Sept. 1 through Nov. 29, 2003.
(ADOPTED, 7-0; A-82245)
Attachment (155K)
24) Application of American Red Cross - Lancaster
County Chapter, 220 Oakcreek Dr., to conduct a
raffle within the City of Lincoln from Aug. 11
through Sept. 13, 2003. (ADOPTED, 7-0; A-82246)
Attachment (114K)
25) 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) (ACTION DELAYED ONE WEEK TO 8/11/03, 7-0)
Fact Sheet (1,162K)
26) 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. (ADOPTED, 7-0; A-82247)
Fact Sheet (828K)
27) 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. (ADOPTED, 7-0; A-82248)
Fact Sheet (40K)
Attachment (415K)
28) 03R-200 Approving a labor contract between the City and
the Amalgamated Transit Union effective August 14,
2003. (ADOPTED, 7-0; A-82249)
Fact Sheet (46K)
Fact Sheet 2 (151K)
29) 03R-201 Approving a labor contract between the City and
the Lincoln City Employees Association to be
effective August 14, 2003. (ADOPTED, 7-0; A-82250)
Fact Sheet (138K)
Fact Sheet 2 (80K)
30) 03R-202 Approving a labor contract between the City and
the Lincoln Police Union effective August 14, 2003.
(ADOPTED, 7-0; A-82251)
Fact Sheet (138K)
Fact Sheet 2 (110K)
31) 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 cafe. (ADOPTED, 7-0; A-82252)
32) 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. (ADOPTED, 7-0; A-82253)
Fact Sheet (59K)
Attachment (662K)
33) 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. (ADOPTED, 7-0; A-82254)
Fact Sheet (60K)
Attachment (565K)
34) 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. (ADOPTED, 7-0; A-82255)
Fact Sheet (59K)
Attachment (1.35MB)
35) 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. (ADOPTED, 7-0; A-82256)
Fact Sheet (62K)
Attachment (804K)
36) 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.
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
37) Setting the hearing date of Mon., Aug. 18, 2003 @
1:30 p.m. for the App. of Salem FB, LLC dba Fast
Break #2 for a Class B liquor license located at
2200 North 48th Street. (ADOPTED, 7-0; A-82258)
38) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
39) Investment of funds for the week of July 14
through July 18, 2003. (ADOPTED, 7-0; A-82259)
40) Investment of funds for the week of July 21
through July 25, 2003. (ADOPTED, 7-0; A-82260)
41) Report of City Treasurer of Telecommunication
Occupation Tax for the month of June, 2003: MCI
WorldCom Network Service, Inc.; Birch Telecom Inc.
and Subsidiaries; Excel Telecommunications, Inc.;
Telco Development Group De Inc.; Sprint
Communication Company Limited Partnership; Norstan
Network Services, Inc.; OCMC, Inc.; Sprint
Spectrum, L.P.; WWC License LLC; and Nextel West
Corp. (PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 42-45 HAD 1ST READING)
42) 03-124 Approving a transfer of unspent and unencumbered
appropriations between capital improvement
projects within the Sanitary Sewer Construction
Fund, Water Construction Fund, Landfill Revenue
Fund, Street Construction Fund, Vehicle Tax Fund,
Storm Sewer Bond Issue Fund, Parking Revenue Fund,
and Parking Lot Revolving Fund with the Public
Works & Utilities Department, and the Golf Fund,
General Fund, and Donations Fund within the Parks
Department.
Fact Sheet (54K)
43) 03-125 Change of Zone 3415 - App. of the Planning
Director to amend Title 27 of the Lincoln
Municipal Code to eliminate a combined use permit
and special permit in the O-3, R-T, B-2, and B-5
zoning districts; to eliminate a pre-application
fee for personal wireless facility applications;
and to increase application fees.
Fact Sheet (207K)
44) 03-126 App. of the Planning Director to amend Title 26 of
the Lincoln Municipal Code to amend subdivision
process procedures including repeal of
administrative final plats; granting the Planning
Director authority to approve final plats;
clarifying who may appeal Planning Commission
action on a preliminary plat; eliminating City
Council review of preliminary plats; allowing the
Planning Director to approve final plats without a
preliminary plat under certain conditions;
modifying the provisions regarding action on a
final plat; modifying the provisions regarding
filing the final plat with the Register of Deeds;
modifying the provisions regarding survey errors
and corrected plats; modifying the provisions
regarding data required on preliminary plats and
final plats; and to add fees and increase fees for
filing applications under the Land Subdivision
Ordinance.
Fact Sheet (285K)
45) 03-127 App. of the Planning Director to amend Title 14 of
the Lincoln Municipal Code to amend the procedure
for vacation of public ways and establish a filing
fee.
Fact Sheet (234K)
ORDINANCES - 3RD READING
46) 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. (PASSED, 4-3, COOK, NEWMAN
AND WERNER DISSENTING; #18215)
Fact Sheet (493K)
Attachment (15K)
PENDING LIST - DATE CERTAIN (EXTENDED ONE WEEK)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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)
56) 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)
57) 02R-261 Comp. Plan Amendment 02001.B - Application of
Realty Trust Group toamend 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)
58) 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)
59) 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 11, 2003 AT 5:30 P.M.: (APPROVED, 7-0)
60) 03R-213 Approving a multi-year contract with funding from
more than one fiscal CIP budget year for the 14th
St. widening from Old Cheney to 1/4 mile north of
Pine Lake Rd., City Project No. 701306.
Fact Sheet (63K)
61) 03R-214 Special Permit 2028 - App. of Mettlen, Inc. dba
Jax for authority to sell alcoholic beverage for
consumption on the premises on property generally
located at 2711 S. 48th St.
Fact Sheet (259K)
62) 03R-215 Authorizing the Planning Department to collect a
fee for amendment requests to the City/County
Comprehensive Plan.
Fact Sheet (13K)
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 (8/6/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING (8/11/03).
THRE WILL BE NO OPEN MMIKE SESSION AT THE 8/11/03 MEETING.
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 - 7:54 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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History