Online Services Government Employment Education Business Tourism Need Help
City Council Heading City Letter Head
             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.
                               ***

InterLinc Home Page

History