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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 24, 2003 AT 1:30 P.M.
THE COUNCIL MEETINGS OF DECEMBER 1, 8, 15, 2003
WILL BEGIN AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETINGS THE WEEKS OF
DECEMBER 22 AND 29, 2003
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE - SEPTEMBER - CORI HUENINK OF PARKS
& RECREATION DEPT. IN THE CATEGORY OF CUSTOMER RELATIONS;
OCTOBER - NANCY BRIENZO OF AGING DEPT. IN THE CATEGORY OF
PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Scott M. Rosowski for DHABS,
L.L.C. dba Barrymore's at 124 North 13th Street.
(ADOPTED FOR APPROVAL, 7-0; A-82461)
2) Application of Osian International Market L.L.C. dba
OAsian International Market for a Class D liquor
license at 2535 O Street. (ADOPTED FOR APPROVAL,
7-0; A-82462)
3) Manager application of Thieu (Tim) Huy Nguyen for Osian
International Market L.L.C. dba OAsian International
Market at 2535 O Street. (ADOPTED FOR APPROVAL,
7-0; A-82463)
4) Application of Cafe de Mai, L.L.C. dba Cafe de Mai &
Season Banquet Hall for a Class I liquor license at
2535 O Street. (ADOPTED FOR APPROVAL, 7-0;
A-82464)
5) Manager application of Thieu (Tim) Huy Nguyen for Cafe
de Mai, L.L.C. dba Cafe de Mai & Season Banquet Hall at
2535 O Street. (ADOPTED FOR APPROVAL, 7-0; A-82465)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 6 THRU 8 HAD 2ND READING)
6) 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)
7) 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)
8) 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)
PUBLIC HEARING - RESOLUTIONS
9) 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)
(ADOPTED, 7-0; A-82466)
10) 03R-319 Appointing Romayne L. Jackson to the Citizen
Police Advisory Board to fill an unexpired term
expiring November 17, 2004.
Application (383K)
(ADOPTED, 7-0; A-82467)
11) 03R-320 Reappointing Rev. Lauren Ekdahl, Lloyd Hinkley,
Barb Biffle, Richard Boucher, and John Snowden to
the Charter Revision Commission for a four-year
term expiring July 15, 2007.
(ADOPTED, 7-0; A-82468)
12) 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)
(ADOPTED, 7-0; A-82469)
13) 03R-322 Appointing Maisun K. Allahiq to the Lincoln
Commission on Human Rights to fill an unexpired
term expiring December 31, 2004.
Application (36K)
(ADOPTED, 7-0; A-82470)
14) 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)
(AMENDED TO DELAY ACTION ON BARGAR CLAIM TO 12/01/03,
7-0; ADOPTED AS AMENDED, 7-0; A-82471)
15) 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)
(ADOPTED, 7-0; A-82472)
16) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82473)
17) 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)
(ACTION DELAYED TO 12/1/03, 7-0)
18) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82474)
19) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82475)
20) 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)
(ADOPTED, 7-0; A-82476)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
21) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances and
Resolutions passed by Council on November 17, 2003.
(PLACED ON FILE)
Report of City Treasurer of Telecommunications Occupation
Tax for the month of Aug. & Sept. 2003: Shaffer Comm.;
Sept., 2003: Nebraska Technology & Telecomm.; Oct., 2003:
Nextel, VarTec, D&D Comm. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Use Permit 142A - App. of Cutchall Management, Co.
to build a Sonic Restaurant at N. 84th and
Holdrege Street.
REPORTS OF CITY OFFICERS
NONE
ORDINANCES - 1st READING (ITEM 22 HAD 1ST READING)
22) 03-183 Change of Zone No. 3399 - amending
Ordinance No. 18113 relating to impact
fees by amending Section 6 adding a new
section 27.82.060 (Exemption from Impact
Fees) to the Lincoln Municipal Code by
amending Section 27.82.060 to clarify
that valid building permit applications
submitted prior to June 2, 2003 are
exempt from impact fees, to provide when
a building permit application shall be
deemed complete, to clarify that
amendments, modifications or other
changes to an approved development which
is categorically exempt will be subject
to the imposition of impact fees in
accordance with the provisions of
Section 27.82.050, to delete Table
27.82.060(b), to delete references to
approvals qualifying for category
exemptions, to clarify when a claim of
exemption for Low Income Owner-Occupied
Housing and Low Income Rental Housing
must be made, and when said claims
become valid; by amending Section 7
adding a new section numbered 27.82.070
(Impact Fee Funds) to the Lincoln
Municipal Code amending Section
27.82.070 to clarify that no more than
2% of the impact fees collected may be
used to compensate the City for
administrative expenses including
refunds; by amending Section 8 adding a
new section numbered 27.82.080 (Refunds
of Impact Fees Paid) to the Lincoln
Municipal Code by amending Section
27.82.080 to provide for a refund of
impact fees previously paid when the
development subsequently qualifies for
an Owner-Occupied Low Income Housing
Exemption; by amending Section 11 adding
a new section numbered 27.82.110
(Miscellaneous Provisions) to the
Lincoln Municipal Code by amending
Section 27.82.110 to eliminate reference
to administrative costs, to modify
provisions regarding reducing impact
fees to allow a subsidy based upon
meeting established economic criteria,
to modify provisions regarding
adjustments for inflation, and to
reletter the various subsections; by
amending Section 16 adopting and
incorporating the Downtown/Antelope
Valley Exclusion Area Map, the Water
Distribution Impact Fee Benefit Areas
Map, the Arterial Street Impact Fee
Benefit Areas Map, and the Neighborhood
Park and Trail Impact Fee Benefit Areas
Map into Ordinance No. 18113 to provide
that those maps be codified in the
Lincoln Municipal Code as Appendixes 1
through 4 to Chapter 27.82; by amending
Section 17 adopting and incorporating
the Impact Fee Study prepared by Duncan
Associates into Ordinance No. 18113 by
amending Table 4, Arterial Street Cost
Per Mile, to exclude sidewalks, water
and wastewater line adjustments and to
reduce the number of units for full
intersection traffic signals from 3.5 to
1.5 units per mile in determining the
total cost per mile for a four-lane
arterial and by deleting the second
paragraph of text on page 12 of the
Study and to provide that one copy of
the Impact Fee Study be filed in the
office of the City Clerk for use and
examination by the public; by amending
Section 20 to provide that Ordinance
No. 18113 shall be in full force
and effect as of June 2, 2003 after its
passage and posting on the official bulletin
board of the City in lieu of newspaper publication.
Fact Sheet (776K)
ORDINANCES - 3RD READING
23) 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)
(PASSED, 7-0; #18277
24) 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.
(ACTION DELAYED FOR ONE WEEK TO
12/1/03, 7-0)
PENDING LIST - DATE CERTAIN
25) 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) (11/17/03 - Public
Hearing Con't. to 12/1/03)
Attachment (64K)
26) 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. (In connection w/03R-
314) (11/17/03- Action Delayed to
12/1/03)
Fact Sheet (1.6M)
27) 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. (11/17/03 - Public Hearing Con't to
12/1/03)
Fact Sheet (66K)
Attachment (511K)
28) 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)
RECONSIDERATION WITH PUBLIC HEARING: 12/01/03
29) 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)
30) 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)
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 1, 2003 AT 1:30 P.M.:
(APPROVED, 7-0)
42) 03R-330 Approving an Agreement between the City and the
Nebraska Department of Roads for the Bridge
Replacement Funds to replace the Harris Overpass
on O Street between 3rd and 9th Streets (Project
No. BR-5266(1)) and for eligibility of Federal
Funds.
Fact Sheet (60K)
43) 03R-331 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of
November 1 to 15, 2003.
Fact Sheet (14K)
Attachment (27K)
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
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
(11/26/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING (12/01/03).
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 6:57 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