|
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 18, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
NOTE: There will be no Council Meeting the week of September 1st.
MAYOR'S AWARD OF EXCELLENCE
for the month of July, 2003 awarded to John Donahue of the Police Dept.
in the category of productivity
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Famous Dave's for a special designated
license to cover an area measuring approximately 258.7
feet by 149.5 feet in the Governor's Mansion yard located
at 1425 H Street on the 30th day of August, 2003 from
10:00 a.m. to 3:00 p.m. (ADOPTED FOR APPROVAL, 7-0; A-82266)
2) Application of Salem FB, LLC d/b/a Fast Break #2 for a
Class B Liquor License at 2200 North 48th Street. (ADOPTED
FOR APPROVAL, 7-0; A-82267)
3) Manager application of Peggy C. Roeder for Salem FB, LLC
d/b/a Fast Break #2 at 2200 North 48th Street. (ADOPTED FOR
APPROVAL, 7-0; A-82268)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 4 & 5 HAD 2nd READING)
4) 03-128 Repealing Ordinance 18016 which created Alley
Paving District 362, being the north/south
alley, between 54th St. to 56th Sts., from
Cleveland to Adams Streets.
Fact Sheet (58K)
5) 03-129 Approving a § 457 Deferred Compensation Plan
to be administered by Nationwide Retirement
Solutions.
Fact Sheet (38K)
Attachment (573K)
PUBLIC HEARING - RESOLUTIONS
6) 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) (ACTION DELAYED & CON'T. P.H. FOR 3 WEEKS
TO 9/8/03, 7-0)
Fact Sheet (333K)
7) 03R-216 Approving the Administration Agreement between the
City of Lincoln and Nationwide Retirement
Solutions for administration of a 457 Deferred
Compensation Plan. (ACTION DELAYED FOR ONE WEEK TO
8/25/03, 7-0)
Fact Sheet (39K)
Attachment (376K)
8) 03R-217 Accepting and approving the preliminary plat of
EDM Business and Industrial Park for 31 lots for
commercial and industrial development on property
generally located south of the intersection of
S.W. 32nd St. and W. O St. (ADOPTED, 7-0; A-82269)
Fact Sheet (568K)
9) 03R-218 Special Permit 421D - App. of Frank and Joan Rall
to amend the Carriage Hill 4th Community Unit Plan
to retain the existing single family dwelling and
to allow the construction of four two-family
structures, with requests to waive sidewalk,
street tree and landscape screening design
standards, on property generally located at 81st
and A Sts. (ACTION DELAYED & CON'T P.H. FOR 1 WEEK
TO 8/25/03, 7-0)
Fact Sheet (544K)
10) 03R-219 Combined Pre-Existing Use Permit/Special Permit
10A - App. of Flowerview Associates to reduce
setbacks due to the right-of-way acquisition along
O St. and N. 66th St. (ACTION DELAYED & CON'T P.H. FOR
1 WEEK TO 8/25/03, 7-0)
Fact Sheet (424K)
11) 03R-220 Pre-Existing Use Permit 3AB - App. of Westfield
Shoppingtown, to amend the sign package on
property generally located at 6100 O St. to
replace and move wall signs, interior directional
signs and perimeter signs. (ADOPTED, 6-0, NEWMAN
ABSTAINING; A-82270)
Fact Sheet (732K)
12) 03R-221 Approving an Interlocal Agreement between the City
and Waverly Public Schools to allow the Health
Department staff to provide nursing consultation
services during the 2003-2004 school year. (ADOPTED,
7-0; A-82271)
Fact Sheet (41K)
Attachment (111K)
13) 03R-223 Approving an Interlocal Agreement between the City
and Malcom Public Schools to allow the Health
Department staff to provide nursing consultation
services during the 2003-2004 school year. (ADOPTED,
7-0; A-82272)
Fact Sheet (42K)
Attachment (118K)
14) 03R-222 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of July 16
to 31, 2003. (ADOPTED, 7-0; A-82273)
Fact Sheet (14K)
Exhibit (31K)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
15) Petition to Vacate Public Way S.W. 12th Street South
from Lake Street, submitted by Nebraska Housing Resource.
(Referred to Law Dept.)
16) Setting the hearing date of Monday, August 25, 2003 @ 1:30 p.m.
for the app. of Blessed Sacrament Church to conduct a
lottery within the City of Lincoln from Sept. 6 to Oct. 12, 2003.
(APPROVED, 7-0)
17) MISCELLANEOUS REFERRALS
Investment of funds for the week of August 4 through August 8, 2003.
(ADOPTED, 7-0; A-82274)
Setting the hearing date of Monday, August 25, 2003 @ 1:30 p.m. for the
app. of United Way of Lincoln and Lancaster County to conduct a raffle
within the City of Lincoln from Sept. 12 to Dec. 18, 2003.
(APPROVED, 7-0)
Report of City Treasurer of Telecommunications Occupation Tax for the
second quarter of 2003: PNG Telecommunications, Inc.; Fast Phones of
Nebraska, Corp.; Alltel Nebraska, Inc.; for the month of June, 2003:
McLeod USA Telecommunications Services, Inc.; Alltel Systems of the
Midwest, Inc.; Alltel Nebraska Inc.; Alltel Communications of Nebraska,
Inc.; for the month of July, 2003: D & D Communications, Inc.; and
ATS Mobile Telephone Co., Inc. (PLACED ON FILE)
The following are to be referred to Planning Dept:
Special Permit 634D - App. of Engineering Design Consultants representing
F. Pace Woods II, to revise streets to non-standard cross sections
with landscaped medians and outlots for signage, on property located
at So. 21st and Winding Ridge Road.
Special Permit 671B - App. of Michael E. And Coleen S. Winter to amend
special permit 671 to include Lot 12 of Block 2, Wassung Park North
Addition in the list of lots with 5' side yard setbacks, on property
located at 3931 and 3923 North 8th St.
Special Permit 1423G - App. of HiMark Development Inc. & D & M Development,
LLC to amend the CUP to add 20 Single Family units in the area east
of 90th Street, north of Old Cheney Road.
REPORTS OF CITY OFFICERS
18) Report of UNL Microbiologists for water testing
for the month of July, 2003. (Placed on file)
ORDINANCES - 1st READING (ITEMS 19-22 HAD 1st READING, SEE ITEM 21)
19) 03-130 Amending the Lincoln Corporate Limits Map by
annexing approximately 186.7 acres of property
generally located east of South 84th Street
between Old Cheney Road and Pine Lake Road.
Fact Sheet (974K)
Attachment (31K)
20) 03-131 Change of Zone 3412 - Application of Antelope Park
Neighborhood Association for a change of zone from
R-4 Residential to R-2 Residential on approximately
14 blocks generally located between South 27th Street
and the Rock Island Trail, from South Street to A Street.
Fact Sheet (932K)
Attachment (221K)
21) 03-132 Change of Zone 3385 - Application of Vic and
Kathleen Hannan for a change of zone from AGR
Agricultural Residential to R-1 Residential on
property generally located northeast of the
intersection of South 66th Street and Pine Lake
Road. (03R-229, 03R-230) (REQUEST FOR 2nd & 3rd
READING ON 8/25/03
Fact Sheet (770K)
22) 03-133 Authorizing the issuance of not to exceed
$180,000,000 City of Lincoln, Nebraska Lincoln
Electric System Revenue and Refunding Bonds, Third
Series 2003. (Request 2nd & 3rd Readings on 8/25/03)
RESOLUTION - ACTION ONLY
23) 03R-215 Authorizing the Planning Department to collect a
fee for amendment requests to the City/County
Comprehensive Plan. (8/11/03 - Action Delayed 1
week to 8/18/03) (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;
A-82275)
Comprehensive Plan.
Fact Sheet (13K)
Memorandum (21K)
ORDINANCES - 3RD READING
& FINANCE PACKAGE RESOLUTIONS FOR ACTION
24) 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)
(8/11/03 - Action Delayed 1 wk to 8/18/03)
(AMENDED, 6-1, WERNER DISSENTING; PASSED AS AMENDED,
4-3, COOK, NEWMAN, WERNER DISSENTING; #18227)
25) 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) (8/11/03 - Action
Delayed 1 wk to 8/18/03) (LOST, 0-7; #38-4449)
Motion to Amend NO. 1 (6K)
Motion to Amend NO. 2 (6K)
Motion to Amend NO. 3 (5K)
Motion to Amend NO. 4 (8K)
Motion to Amend NO. 5 (7K)
Motion to Amend NO. 6 (7K)
26) 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) (8/11/03 - Action Delayed 1
wk to 8/18/03) (LOST, 0-7; #38-4450)
Motion to Amend NO. 1 (5K)
Motion to Amend NO. 2 (8K)
27) 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)
(8/11/03 - Action Delayed 1 wk to 8/18/03) (ADOPTED, 4-3,
COOK, NEWMAN, WERNER DISSENTING; A-82276)
Fact Sheet (64K)
28) 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) (8/11/03 - Action Delayed 1 wk to 8/18/03)
(ADOPTED, 4-3, COOK, NEWMAN, WERNER DISSENTING; A-82277)
Fact Sheet (59K)
29) 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)
(8/11/03 - Action Delayed 1 wk to 8/18/03)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82278)
Fact Sheet (83K)
Attachment (22K)
30) 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. (PASSED, 7-0; #18228)
Fact Sheet (54K)
31) 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. (AMENDED, 7-0;
PASSED AS AMENDED, 7-0; #18229)
Fact Sheet (207K)
Memorandum (21K)
32) 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. (AMENDED, 7-0; PASSED AS AMENDED, 7-0;
#18230)
Fact Sheet (285K)
Memorandum (21K)
33) 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. (PASSED, 7-0; #18231)
Fact Sheet (234K)
Memorandum (21K)
PENDING LIST - DATE CERTAIN
34) 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 - SEE ITEMS 43 & 45)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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) (REQUEST TO WITHDRAW,
6-0, WERNE ABSENT, #38-4451)
Fact Sheet (100K)
44) 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)
45) 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) (REMOVE FROM PENDING FOR P.H. ON 9/8/03, 7-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, AUGUST 25, 2003 AT 1:30 P.M.: (APPROVED, 7-0 SEE
ITEMS 51 & 52)
46) 03R-224 Appointing Marlene Cupp to the Lincoln Library
Board of Trustees for a 7-year term expiring
August 31, 2010.
47) 03R-225 Authorizing the use of public right-of-way by the
University of Nebraska Center for Great Plains
Studies to permanently place a 7-foot sculpture in
the public right-of-way on the east side of the
Great Plains Center at 12th and Q Street.
Attachment (626K)
48) 03R-226 Authorizing Gordon Gilmore d/b/a Chipotle Mexican
Grill to occupy a portion of the public
right-of-way at 232 North 13th Street for use as a
sidewalk cafe.
Fact Sheet (50K)
Attachment 1 (202K)
Attachment 2 (26K)
Attachment 3 (6K)
49) 03R-227 Approving a waiver of subdivision requirements for
a public water distribution system and minimum
right-of-way width on property generally located
at Stockwell Street and South Folsom Street in
Braun Addition.
Fact Sheet (886K)
50) 03R-228 Approving a waiver of subdivision requirements for
a public water distribution system and sanitary
sewer on property generally located at Old Cheney
Road and Hickory Crest Road in Beck & Oldfather
Addition.
Fact Sheet (806K)
51) 03R-229 Approving a waiver of subdivision requirements for
street trees and sidewalks along Pine Lake Road
within Hannan Addition generally located at South
66th Street and Pine Lake Road. (In connection
w/03R-230, 03-132) (REQUEST TO HAVE 2nd & 3RD READING
ON 8/25/03)
Fact Sheet (791K)
52) 03R-230 Approving the final plat of Hannan Addition
consisting of two lots for residential development
and releasing the relinquishment of access to Pine
Lake Road on property generally located northeast
of the intersection of South 66th Street and Pine
Lake Road. (In connection w/03R-229, 03-132) (REQUEST
TO HAVE 2nd & 3RD READING ON 8/25/03)
Fact Sheet (824K)
53) 03R-231 Approving the Real Estate Sales Agreement between
the Public Building Commission and Woods Brothers
Realtors for the acquisition of property located
at 805 H Street.
Fact Sheet (13K)
54) 03R-232 Declaring the official intent of the City to
reimburse certain expenses in connection with the
acquisition and construction of improvements to
the City's solid waste management and disposal
system from the proceeds of the City of Lincoln,
Nebraska Solid Waste Management Revenue Bonds.
55) Adopting the 2003-2004 Annual Operating Budget &
Capital Improvement Program FY 2003/04 - 2008/09.
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 (8/20/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (8/25/03).
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 - 4:20 P.M.
History