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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 17, 2003 AT 5:30 P.M.
NOVEMBER 24, 2003 MEETING AT 1:30 P. M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Kwik Shop Inc. dba Kwik Shop #619
for a Class D liquor license at 2302 Cornhusker
Highway. (ADOPTED FOR DENIAL, 7-0; A-82451)
2) Manager application of Mary E. Hoage for Kwik Shop
Inc. dba Kwik Shop #619 at 2302 Cornhusker
Highway. (ADOPTED FOR APPROVAL, 4-3; COOK, FRIENDT,
WERNER DISSENTING; A-82452)
3) Manager application of Christopher M. Thomson for
Yankee Hill Development LLC dba Yankee Hill
Country Club at 7600 San Mateo Lane.
(ADOPTED FOR APPROVAL, 7-0; A-82453)
4) Manager application of Thomas R. Alessi for Red
Robin International, Inc. dba Red Robin America's
Gourmet Burgers & Spirits at 2707 Pine Lake Road.
(ADOPTED FOR APPROVAL, 7-0; A-82454)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 5 AND 6 HAD 2ND READING)
5) 03-177 Vacating S.W. 12th Street south of Lake Street and
east of Lot 1, Block 3, Vestecka's Villa Van Dorn
Addition.
Fact Sheet (902K)
6) 03-176 Amending Title 8 of the Lincoln Municipal Code relating
to Health and Sanitation by creating a new Chapter 8.48
entitled the Lincoln Smokefree Air Act to set forth the
title and purpose of the Chapter, to set forth general
provisions regarding definitions used in the Chapter,
to provide definitions for employee, employer,
guestroom or suite, health director, indoor area,
international no-smoking symbol, place of employment,
proprietor, public place, smoke or smoking, respectively,
to provide exceptions to the provisions of the chapter;
to require the posting of "no smoking" signs, to provide
for the enforcement of the provisions of the chapter,
to provide penalties for violations of the chapter,
to provide for severability of the chapter, and
providing that this ordinance shall become effective
six months after City Council approval.
PUBLIC HEARING - RESOLUTIONS
7) 03R-314 Approving an Annexation Agreement between the City
of Lincoln and the State of Nebraska Department of
Administrative Services outlining certain
conditions and understandings with regards to the
annexation of the Lincoln Regional Center property
generally located at the intersection of West Van
Dorn and South Folsom Street. (In connection
w/03-156)
Attachment (64K)
(ACTION DELAYED W/CONT. PUBLIC HEARING
TO 12/1/03, 7-0)
8) 03R-316 Appeal of Danny Walker on behalf of the South Salt
Creek Community Organization from the Planning
Commission conditional approval of Special Permit
2038 for authority to operate a salvage yard on
approximately 27,000 sq. ft. on property generally
located at South 3rd and Garfield Streets.
Fact Sheet (942K)
(ADOPTED, 5-2; COOK, NEWMAN DISSENTING; A-82455)
9) 03R-317 Approving an Interlocal Agreement between the City
and County for right-of-way acquisition, design,
and construction on South 98th Street to open one
mile of new road between A Street and O Street.
Fact Sheet (33K)
Attachment (195K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82456)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
10) THE FOLLOWING WERE REFERRED TO PLANNING DEPARTMENT:
Change of Zone 3419 - App. of Lynn Johnson, Parks
and Recreation Dept., for a change from R-3 to
B-2 at 1501 West Van Dorn Street.
Change of Zone 3426 - App. of Albert L. Lambert
for a change from H-1 to H-3 at 1101 West Bond St.
Change of Zone 3427 - App. of Lincoln Community
Playhouse for a change of the LMC 27.69.090
Other Permitted Signs; Churches, Schools, and
Community Playhouses.
Change of Zone 3428 - App. of Carol J. Brown
for a text change to the Zoning Ordinance.
Change of Zone 3429 - App. of Krein Real Estate
for a change from R-4 to R-T at Allen Road and
Stephanie Lane.
Change of Zone 3430 - App. of Lincoln Crossings
for a change of zone from B-2 & R-3 to B-5 at
North 27th St. and Folkways Blvd.
Use Permit 57D - App. of Lincoln Crossings for an
amendment to include land between North Hill
Road and Folkways Blvd.
Use Permit 106A - App. of One Vista LLC/Talent+
for an amendment to Pre-existing Use Permit 106
on property at 60th St. & Pioneers Blvd.
Use Permit 133 - App. of Stockwell Properties, LLC
to approve a Generic Use Permit for a
retail/commercial center at Coddington Ave. &
West Van Dorn St.
Use Permit 155 - App. of Krein Real Estate Inc for
10 single family units at Allen Road and
Stephanie Lane.
Special Permit 1713B - App. of Krein Real Estate
Inc. to remove the proposed 150 units that
abut the enlarged outlot/open space at Allen
Road & Stephanie Lane.
Special Permit 1826A - App. of Larry Schwarck and
Blanche E. Schwarck to increase the dwelling
units from 34 to 44 units at 56th and Linden St.
Special Permit 2042 - App. of Kwik Shop, Inc. to
permit the sale of alcoholic beverages for
consumption off the premises at 2302
Cornhusker Highway.
11) MISCELLANEOUS REFERRALS
Report of UNL Microbiologist for water testing for
the month of October, 2003. (PLACED ON FILE)
Affidavit of Mailing for Board of Equalization Special
Assessment Group II to be held on Monday, November 24,
2003, 10:00 a.m. (PLACED ON FILE)
Assessment Resolutions for Special Assessment Group II,
Board of Equalization Meeting to be held on Monday,
November 24, 2003, 10:00 a.m. (Requires a motion)
(APPROVED, 7-0)
Report of City Treasurer of Cash on Hand at the close
of business October 31, 2003. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
12) Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by the Council on November
3, 2003. (PLACED ON FILE)
13) Investment of Funds from October 27 thru October
31, 2003. (ADOPTED, 7-0; A-82457)
14) Investment of Funds from November 3, thru November
7, 2003. (ADOPTED, 7-0; A-82458)
15) Assessing special taxes for the costs of the
improvements in the Downtown Business Improvement
District, the Core Business Improvement District
Overlay, and the Downtown Maintenance District.
(ADOPTED, 7-0; A-82459)
16) Report from City Treasurer of franchise fees from
Time Warner Cable to the quarter ending September
30, 2003. (PLACED ON FILE)
17) Report from Lincoln Water & WasteWater System of
the recapitulation of daily cash receipts for
October 2003. (PLACED ON FILE)
18) Report from City Treasurer of Telecomm. Occ. Tax
for the month of July - Sept., 2003: Enhanced
Comm., Accessline, VoiceStream, Atmerican Farm
Bureau, Opex, IDT, PNG; Sept., 2003: AT&T Comm. of
Midwest, Cricket, Touch America, McLeod USA, One
Call Comm., ACN, Netifice, Buyers United, Global
Crossing, OnStar, Ciera network, Quest, Bell
Atlantic, Primus, Verizon Select, Trans Nat'l.,
Virgin Mobile USA, Norstan Network, Inellicall
Operator, Alltel Nebraska, Alltel Comm., Alltel
Systems of the Midwest, United Systems Access,
Comtech 21, Quantum Shift, GE Business Prod.
Solutions,IBM Global, Star Number, Working Assets
Funding, Alyon Techn., T-Netix Telecom., Teligent
Services, Voicecom, TracFone Wireless, XO Long
Distance, Winstar. (PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 19 THRU 22 HAD 1ST READING: SEE
ITEM 22)
19) 03-84 Change of Zone 3401 - Application of Urban Development
for a change of zone from R-6 Residential District to
B-3 Commercial District on property generally located
at N. 27th and P Streets. (In connection w/03R-326)
Fact Sheet (592K)
20) 03-178 Renaming Ogden Road generally located northeast
off of Superior Street at N. 1st Street and
Superior Street, as Campers Circle.
Fact Sheet (159K)
21) 03-179 Change of Zone 2751A - Amending the Van Dorn Acres
Planned Unit Development for 210 residential units
and 33,000 square feet of commercial floor area
for uses allowed in the B-1 Local Business
District, including the on and off sale of alcohol
in portions of buildings 9 and 10 that are within
100' of a residential district, provided the on-
sale alcohol is limited to businesses which derive
more than 50% of their gross receipts from food
sales, and waivers of the requirements to allow a
private sanitary ejector pump to serve the
commercial area, to eliminate pedestrian easement,
to allow tandem parking in the required parking,
and to exceed the maximum building height for the
multi-family structures, on property generally
located at the southwest corner of 84th and Van
Dorn Streets.
Fact Sheet 1 (435K)
Fact Sheet 2 (779K)
22) 03-180 Approving a five year lease agreement between B &
J Partnership Ltd. and the City d/b/a Lincoln Fire
& Rescue for the lease of warehouse space at 2600
Park Blvd.
Fact Sheet (66K)
Attachment (511K)
(DELAYED PUBLIC HEARING TO 12/1/03, 7-0)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
23) 03R-315 Adopting the Lincoln Electric System Annual Budget
for 2003. (Action on 11/17/03)
Fact Sheet (405K)
(ADOPTED, 7-0; A-82460)
24) 03-156 Amending the Lincoln Corporate Limits Map by
annexing approximately 468.49 acres of property
generally located at West Van Dorn Street and
South Folsom Street. (10/27/03 - Action Delayed
to 11/17/03) (In connection w/03R-314)
Fact Sheet (1.6M)
(ACTION DELAYED TO 12/01/03, 7-0)
25) 03-170 Amending Section 2.76.370 of the Lincoln Municipal
Code to change the usage of personal convenience
holiday hours to be the same as the labor
contracts.
(PASSED, 7-0; #18271)
26) 03-171 Amending the pay schedule for the employee group
prefixed by the letter M by creating a new job
titled Health Data & Evaluation Manager
27) 03-172 Amending the pay schedule for the employee group
prefixed by the letter N by creating a new job
title Right-of-Way Specialist.
28) 03-173 Amending the pay schedule for the employee group
prefixed by the letter C by creating the job
classifications of Housing Rehabilitation
Specialist II and Housing Rehabilitation
Specialist, and by amending the pay schedule for
the employee group prefixed by the letter A by
deleting the job classifications of Environmental
Engineer I and Environmental Engineer II.
29) 03-174 Change of Zone 3422 - Application of Karen
Brouwer, on behalf of the property owners, for a
change of zone from AG Agricultural District to
AGR Agricultural Residential District on property
generally located at S.W. 33rd Street and West
Denton Road.
Fact Sheet (695K)
30) 03-175 Approving a Sublease Agreement between the City
and Dynamic Educational Systems Inc. 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.
PENDING LIST - DATE CERTAIN
31) 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.
(8/25/03 - Public Hearing Con't. To
1/12/04)
Fact Sheet (974K)
Attachment (31K)
PENDING LIST
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) Appeal Denial of Request for Categorical Exemption
from Impact Fees Submitted by Peter Katt on Behalf
of Mary Jo Livingston and Mount Olive Evangelical
Church. (9/15/03 - Approved Hearing Date of
10/6/03 at 1:30 P.m , 7-0. 9/22/03 - Re-set
hearing date to 10/20/03 (Applicant has
requested to place on Pending)
42) 03R-287B Appointing Lynn Sunderman to the Lincoln-Lancaster
County Planning Commission for a six-year term
expiring August 24, 2009. (10/20/03 - Question
Split; Action Delayed to 11/3/03) (11/3/03
- Placed on Pending)
RECONSIDERATION WITH PUBLIC HEARING: 12/01/03
43) 03R-298 Approving a Conservation Easement Agreement
between Doug Schmidt Construction, Inc. and the
City over Lot 1, except the south 7.0 feet
thereof, Fairway Addition, to preserve the tree
masses, drainage way and floodplain within the
easement area.
Fact Sheet (38K)
Attachment (180K)
44) 03R-302 Special Permit 2029 - Application of Doug Schmidt
and Michael Thomalla to develop S.W. 1st
Street Apartments Community Unit Plan for 30
dwelling units on property generally located at
West A Street and S.W. 1st Streets
Fact Sheet (807K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 24, 2003 AT 1:30 P.M.:
45) 03R-318 Approving an Agreement between the City and the
Nebraska Department of Roads for Project No. IM-
BH-180-9(519) Mill/Overlay to extend the work on
the contract to include the intersection at 11th
and Cornhusker Highway.
Fact Sheet (68K)
Attachment (113K)
46) 03R-319 Appointing Romayne L. Jackson to the Citizen
Police Advisory Board to fill an unexpired term
expiring November 17, 2004.
Application (383K)
47) 03R-320 Reappointing Rev. Lauen Ekdahl, Lloyd Hinkley,
Barb Biffle, Richard Boucher, and John Snowden to
the Charter Revision Commission for a four-year
term expiring July 15, 2007.
48) 03R-321 Appointing M. Annette Mumgaard and James M. Kelley
to the Cable Advisory Board for a three-year term
expiring July 1, 2006.
Application (168K)
49) 03R-322 Appointing Maisun K. Allahiq to the Lincoln
Commission on Human Rights to fill an unexpired
term expiring December 31, 2004.
Application (36K)
50) 03R-323 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of October
16 to 31, 2003.
Fact Sheet (14K)
Attachment (28K)
51) 03R-324 Use Permit 146A - Application of West Gate Bank to
waive the sign requirements for the O-3 District
to allow an additional ground sign, to allow a
ground sign in excess of the maximum allowed
height, and to allow the sign area for ground
signs to exceed the allowed area, on property
generally located northeast of the intersection of
Old Cheney Road and Highway 2.
Fact Sheet (244K)
52) 03R-325 Authorizing Mike Alesio dba Valentino's to occupy
a portion of the public right-of-way at 232 North
13th Street for use as a sidewalk caf‚.
Fact Sheet (42K)
Attachment (567K)
53) 03R-326 Approving a redevelopment agreement with
CenterPointe Inc. for amendments to the North 27th
Street Corridor and Environs Redevelopment Plan to
develop the property on P Street between 26th and
27th Street for a 15,000 sq. ft. residential
treatment center with 20 beds and administrative
offices. (In connection w/03-84)
Fact Sheet (48K)
Attachment (1.2M)
54) 03R-327 Approving the acquisition of permanent
conservation easements to preserve flood storage
capacity of the 100 year floodplain and to protect
delineated wetlands, drainageways, and tree masses
over approximately 736.9 acres of floodplain
generally located along Salt Creek from Wilderness
Park to one-half mile south of Martell Road.
Attachment (121K)
55) 03R-328 Special Permit 1423G - Application of D & M
Development L.L.C. and HiMark Development Inc. to
amend the HiMark Estates Community Unit Plan to
add 20 single family units for a total of 559
dwelling units and to waive of the requirements
for minimum cul-de-sac radius, sidewalks on the
south side of Sandhills Court, and the preliminary
plat process, on property generally located at
South 90th Street and Medinah Drive.
Fact Sheet (911K)
56) 03R-329 Approving the use of public right-of-way by TMI
for the installation of a 3" conduit for fiber
optic cable and copper wire along the west side of
S. 9th Street and cross underneath Capitol Parkway
to connect the buildings at 830 L Street and 421
S. 9th Street.
Fact Sheet (58K)
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.
** THERE WILL BE NO REGISTER TO SPEAK SECTION ON 11/17/03 **
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 (11/19/03)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (11/24/03).
** THERE WILL BE NO OPEN MICROPHONE SECTION ON 11/17/03 **
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
***
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.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
http://www.lincoln.ne.gov
***
History