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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 8, 2003 AT 1:30 P.M.
THE COUNCIL MEETING OF DECEMBER 15, 2003WILL BEGIN AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETINGS THE WEEKS OF DEC. 22 AND 29, 2003
ALL MEMBERS PRESENT EXCEPT COOK
MAYOR'S AWARD OF EXCELLENCE RECIPIENT FOR THE MONTH OF
NOVEMBER IS MATTHEW MITTELSTADT OF THE PARKS AND RECREATION DEPT.
IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager Application of Patricia Pike for Buggy
Bath West dba Buggy Bath Car Wash West at 1502 W.
O St.(12/1/03 - Public Hearing Con't. to
12/8/03) (ADOPTED FOR APPROVAL, 6-0; A-82493)
2) Manager Application of Todd M. Kerns for Outback
Steakhouse FL, Inc. dba Outback Steakhouse at 633
N. 48th St. (12/1/03 - Public Hearing Con't. to
12/8/03) (PUBLIC HEARING & ACTION CON'T. TO 12/8/03,
6-0)
3) Manager Application of Patrick R. Leapley for GMRI
Inc. dba Red Lobster Restaurant #0236 at 6540 O
St. (12/1/03 - Public Hearing Con't. to
12/8/03) (ADOPTED FOR APPROVAL, 6-0; A-82494)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 4 HAD 2ND READING)
4) 03-184 Accepting and approving the "Amendment to
Cornhusker Square Redevelopment Project Phase Two
Agreement - Burnham Yates Conference Center"
between the City of Lincoln, Cornhusker Square
Land Company, and David H. Murdock; and accepting
and approving the "Amendment to First Amended and
Restated Lease and Operating Agreement - Burnham
Yates Conference Center" between the City of
Lincoln and Cornhusker Square Limited Partnership.
Fact Sheet (14K)
Attachment (28K)
PUBLIC HEARING - RESOLUTIONS
5) 03R-332 Ordering Paving District 2626 constructed in W.
South St., S.W. 23rd St. to S.W. 27th St., & W.
South St. to W. A St.
Fact Sheet (54K)
(ADOPTED, 6-0-; A-82495)
6) 03R-333 Special Permit 1013J - App. of Dansid, L.L.C. to
allow a driveway to be located in the required
front yard at the T.O. Haas Tire Store on property
generally located at S. 56th St. & Waltz Rd.
Fact Sheet (227K)
(AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; A-82496)
7) 03R-334 Special Permit 2002 - App. of Quin-C, Inc. for
authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 4801 Randolph St.
Fact Sheet (590K)
(ACTION DELAYED TO 12/15/03 DUE TO A TIE VOTE, 3-3;
MCROY, NEWMAN, WERNER DISSENTING)
8) 03R-335 Special Permit 2039 - App. of Mesal Enterprises
for authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 5240 S. 48th St.
Fact Sheet (857K)
(ACTION DELAYED TO 12/15/03 DUE TO A TIE VOTE, 3-3;
MCROY, NEWMAN, WERNER DISSENTING)
9) 03R-336 Approving a schedule of maximum fees the City may
charge for ambulance service.
Fact Sheet (75K)
Attachment (11K)
(ACTION DELAYED ONE WEEK DUE TO TIE VOTE, 3-3;
CAMP, FRIENDT, SVOBODA DISSENTING)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
10) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of ordinances &
resolutions passed by Council on December 1, 2003.
(PLACED ON FILE)
Approving the distribution of funds representing interest
earnings on short-term investments of Idle Funds during
the month ended July, 2000.(ADOPTED, 6-0; A-82497)
Report of Lincoln Water & WasteWater System recapitulation
of Daily Cash Receipts for November 2003.
(PLACED ON FILE)
Report of City Treasurer for Telecomm. Occupation Tax for
the month of October, 2003: Liberty Wireless, IBM Global,
United Systems Access, Alyon Tech., Quantum Shift,
T-Netix, Guaranteed Phone Service, Sprint, ATS, Ciera
Network, Intellicall Operator, XO Long Distance, TracFone
Wireless, Teligent, Voicecom, Alltel Systems of Midwest,
Alltel Comm., Alltel Nebraska. (PLACED ON FILE)
Setting the Hearing Date of Monday, January 5, 2004 at
1:30 p.m. for App. of Potamia, Inc. dba "The Parthenon"
for a Class C Liquor License at 5500 S. 56th Street,
Ste. 100. (ADOPTED, 6-0; A-82498)
Setting the Hearing Date of Monday, January 5, 2004 at
1:30 p.m for App. of Sunrise Coffee Company, LLC dba
"Sunrise Coffee" for a Class I Liquor License at 1265 S.
Cotner Blvd., Ste. 10. (ADOPTED, 6-0; A-82499)
REPORTS OF CITY OFFICERS
11) Clerk's Letter and Mayor's Approval of ordinances
& resolutions passed by Council on November 24,
2003. (Placed on file)
12) Report from City Treasurer of Telecomm. Occ. Tax
for the month of Sept., 2003: CIII Comm.
Operations; Oct., 2003: McLeod USA, NOS,
Lightyear, Tri-M, LDMI, Network Billing Systems,
Telecorp., GTC, WorldXchange, Telco Dev., Excel,
NOSVA, Nextel West, Zone Telecom., Globalcom,
COMDATA, Association Adm., Affinity Network,
Global Crossing, OCMC, Norstan Network, OnStar,
Buyer's United, Verizon, Virgin Mobile USA, AON,
CIII Comm., Verizon Select Services, Qwest,
Primus, Trans Nat'l., Working Assets. (Placed on
file)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 13 THRU 16 HAD 1ST READING)
13) 03-181 Declaring approximately 5 acres of property
generally located adjacent to the Highlands Golf
Course at N.W. 12th Street, north of W. Highlands
Boulevard, as surplus.
Fact Sheet (245K)
14) 03-182 Change of Zone 3425 - Application of the Director
of Parks and Recreation for a change of zone from
P Public Use to O-3 Office Park, on property
generally located adjacent to the Highlands Golf
Course at N.W. 12th Street, north of W. Highlands
Boulevard.
Fact Sheet (231K)
15) 03-185 Change of Zone 3427 - Amending Section 27.69.090
of the Lincoln Municipal Code to allow Community
Playhouses as an additional use permitted for the
same sign package as Schools and Churches.
Fact Sheet (228K)
16) 03-186 Change of Zone 3426 - Application of Lambert
Investments #2 for a change of zone from H-1
Interstate Commercial District to H-3 Highway
Commercial District on property generally located
at N.W. 12th and W. Bond Streets.
Fact Sheet (234K)
ORDINANCES - 3RD READING
17) 03-180 Approving a five year lease agreement
between B & J Partnership Ltd. & the
City dba Lincoln Fire & Rescue for the
lease of warehouse space at 2600 Park
Blvd. (11/17/03 - Public Hearing
Cont'd to 12/1/03)
Fact Sheet (66K)
Attachment (511K)
(PASSED, 5-1; CAMP DISSENTING; #18282)
18) 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)
(AMENDMENT #1 ADOPTED, 6-0; AMENDMENT #2
ADOPTED, 6-0; PASSED AS AMENDED, 6-0; #18283)
19) 03-176S2 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, smoking room, smoke or
smoking, respectively, to provide exceptions to
the provisions of the chapter; to restrict persons
under eighteen years of age; 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 18 months after City Council approval.
(11/24/03 - Action delayed 1 week to 12/1/03)
(Description/"Blurb" modified to reflect Motions to
Amend Adopted at 11/24/03 Council Meeting) (12/1/03 -
Action delayed 1 week to 12/8/03)(Descripton/"Blurb"
modified to reflect motions to amend adopted at
12/1/03 Council Meeting)
(AMENDMENT #28 ADOPTED, 4-2;SVOBODA & WERNER
DISSENTING; ACTION DELAYED FOR ONE WEEK TO 12/15/03,
6-0)
PENDING LIST - DATE CERTAIN
20) 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 (EXTENDED ONE WEEK)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)(REMOVED FROM PENDING FOR
ACTION ON 12/15/03, 6-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 15, 2003 AT 1:30 P.M.:
(APPROVED, 6-0)
32) 03R-337 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of
November 16 to 30, 2003.
Attachment (27K)
Fact Sheet (14K)
33) 03R-338 Appointing David Fikar to the Lincoln Commission
on Human Rights for a three-year term expiring
December 31, 2006.
34) 03R-339 Reappointing Lori Lopez Urdiales and Sitaram
Jaswal to the Lincoln Commission on Human Rights
for three-year terms expiring December 31, 2006.
35) 03R-340 Appeal of Alyson A. Dreyer from the Planning
Commission approval of Waiver No. 03013 allowing
lots to exceed the width-to-depth ratio on Lots 2
and 3, Simons 1st Addition, generally located at
S. 43rd Street and South Street.
Fact Sheet (513K)
36) 03R-341 Special Permit 1423H - Application of Jackie
Snyder to amend the HiMark Estates Community Unit
Plan to add 26 single family attached units in the
southern portion of Outlot "A", for a total of 585
dwelling units within the community unit plan with
waivers to the intersection separation, minimum
lot area, side yard setbacks, minimum width for
major streets, and the preliminary plat process,
on property generally located at South 90th Street
and Old Cheney Road.
Fact Sheet (435K)
37) 03R-342 Special Permit 2042 - Application of Kwik Shop,
Inc. for authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 2302 Cornhusker Highway.
Fact Sheet (560K)
38) 03R-343 Appointing Melinda E. Pearson and Eugene W. Carroll
to the Lincoln-Lancaster County Planning Commission
for Six Year Terms Expiring August 24, 2009.
Attachment (217K)
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
(12/10/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING (12/15/03).
John Carter Topic: Community issues regarding
public safety and trash
collection service in the
Hawley, Malone neighborhood
areas. (ASKED IF HAVELOCK REFUSE
COULD BE CONTACTED FOR SERVICES
IN THE HAWLEY, MALONE
NEIGHBORHOOD AREAS.
Topic: CenterPointe. (OPPOSED TO
CENTERPOINTE LOCATING IN HIS
NEIGHBORHOOD.)
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 5:55 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