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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 30, 2001, AT 5:30 P.M.
ALL PRESENT EXCEPT COOK & WERNER
NOTE: THE CITY COUNCIL MEETING OF AUGUST 6TH
BEGINS AT 5:30 P.M.
***NOTE***
The City Council Meeting of August 6th will be held at 5:30 p.m.
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 1 - 3 HAD PUBLIC HEARING, SEE ITEMS 1, 2 & 3)
1) 01-116 Change of Zone 3313 - Application of North Creek L.L.C.
for a change of zone from R-3 Residential to H-3 Highway
Commercial on property generally located at North 27th
Street and Whitehead Drive. (In connection w/01R-192)
(RULES SUSPENDED TO HAVE 3RD READING & ACTION ON THIS
DATE, 5-0; PASSED, 5-0; #17886) Fact Sheet (673K)
2) 01-117 Amending the corporate limits of the City by annexing
approximately 53.67 acres of property generally located
at the northeast corner of North 84th and Holdrege Streets.
(In connection w/01-118, 01R-191, 01R-194, 01R-195,
01R-196) (RULES SUSPENDED TO HAVE 3RD READING & ACTION
ON THIS DATE, 5-0; PASSED, 5-0; #17887) Fact Sheet (743K)
3) 01-118 Change of Zone 3255 - Application of Holdrege Investors,
L.L.C. and University Park Congregation of Jehovah's Witnesses
for a change of zone from AG Agricultural to R-3 Residential,
R-4 Residential, B-2 Planned Neighborhood Business,
and O-3 Office Park on property generally located at the
northeast corner of North 84th and Holdrege Streets. (In
connection w/01-117, 01R-191, 01R-194, 01R-195, 01R-196)
(RULES SUSPENDED TO HAVE 3RD READING & ACTION ON THIS
DATE, 5-0; PASSED, 5-0; #17888) Fact Sheet (920K)
PUBLIC HEARING - RESOLUTIONS
4) 01R-185 Special Permit 286-I - Application of St. Elizabeth Regional
Medical Center to expand the hospital facility by renovating
and remodeling the existing hospital facility; constructing a
new medical office building and parking structure; and recon-
figuring the surface parking lots, driveways, and landscape
materials, with a modification of the signage requirements,
on property generally located at 70th and L Streets.
(MOTION TO AMEND #1 ADOPTED AS AMENDED, 5-0; MOTION TO AMEND
#2 ADOPTED, 5-0; ADOPTED, 5-0; A-80994)
Fact Sheet, (484K) Fact Sheet Continued, (449K)
5) 01R-188 Reappointing Doug Biggerstaff to the Examining Board
of Plumbers for a three-year term expiring September
4, 2004. (ADOPTED, 5-0; A-80995)
6) 01R-189 Reappointing Doug Biggerstaff to the Water Conditioning
Board of Examiners for a three-year term expiring Septem-
ber 4, 2004. (ADOPTED, 5-0; A-80996)
7) 01R-190 Appointing Orville Jones to the Lincoln Housing
Authority Board for a five-year term expiring July
1, 2006. (ADOPTED, 5-0; A-80997)
8) 01R-192 Accepting and approving the preliminary plat of
North Creek Commercial Center for ten commercial
lots and a waiver of the block length on property
generally located at North 27th Street and Whitehead
Drive. (In connection w/01-116) (ADOPTED, 5-0; A-80998)
9) 01R-193 Waiving the design standards to extend the time for
installation of sidewalks, street trees, and landscape
screen between Russwood Parkway and Trail Ridge Road,
and along Trail Ridge Court and the south side of Trail
Ridge Road, located in the Russwood Park 1st Addition,
generally located at North 84th and Vine Streets.
(ADOPTED, 5-0; A-80999) Fact Sheet, (752K)
10) 01R-191 Approving an Annexation Agreement between the City and
Holdrege Investors, L.L.C. outlining certain conditions
and understandings with regards to the annexation of
approximately 53.67 acres of property generally located
at 84th and Holdrege Streets. (In connection w/01-117,
01-118, 01R-194, 01R-195, 01R-196) (ADOPTED, 5-0; A-81000)
11) 01R-194 Special Permit 1839 - Application of Holdrege Investors,
L.L.C. and the University Park Congregation of Jehovah's
Witnesses to develop Morning Glory Estates Community Unit
Plan for 269 dwelling units on property generally located
at the northeast corner of North 84th and Holdrege Streets.
(In connection w/01-117, 01-118, 01R-191, 01R-195, 01R-196)
(ADOPTED, 5-0; A-81001) Fact Sheet, (1.5M)
12) 01R-195 Accepting and approving the preliminary plat of Morning
Glory Estates for 54 residential lots, 12 commercial lots
and two outlots with waivers of a Use Permit within the
preliminary plat, street projection, sidewalks, double
frontage lots, lot depth of less than 120', a pedestrian
connection, depth and slope of sanitary sewers, intersection
approaches, and signs in the front yard; on property
generally located at North 84th and Holdrege Streets.
(In connection w/01-117, 01-118, 01R-191, 01R-194, 01R-196)
(ADOPTED, 5-0; A-81002) Fact Sheet, (1.4M)
13) 01R-196 Use Permit 128 - Application of Holdrege Investors, L.L.C.
and University Park Congregation of Jehovah's Witnesses to
develop 153,000 sq. ft of office and commercial space, on
property generally located at North 84th and Holdrege Streets.
(In connection w/01-117, 01-118. 01R-191, 01R-194, 01R-195)
(ADOPTED, 5-0; A-81003) Fact Sheet, (1.4M)
14) 01R-197 Approving the Agreement for Automated Meter Reading System
between the City and Mountain States Pipe and Supply for
automated meter reading equipment and services for Lincoln
Water System. (ADOPTED, 5-0; A-81004) Fact Sheet, (20K)
15) 01R-198 Accepting the report of new and pending claims against the
City and approving disposition of claims set forth therein
for the period of July 1 - 15, 2001. (ADOPTED, 5-0; A-81005)
Fact Sheet, (5K) Attachment, (27K)
16) 01R-199 Approving the Budget and Program of Work for Downtown
Lincoln Association's FY 2001-2002 Management and
Maintenance Districts. (In connection w/01R-202)
(ADOPTED, 5-0; A-81006) Fact Sheet, (244K)
17) 01R-202 Approving the Management and Maintenance Contract for
Downtown Business Improvement District (2001 Revision)
between the City and the Downtown Lincoln Association
for a three-year period. (In connection w/01R-199)
(ADOPTED, 5-0; A-81007)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
18) Change of Zone No. 3333 - App. of Union Bank &
Trust, Trustee for Donald C. Foreman Trust, for a
change from AG to AGR at 1 ½ Mile South of S.W.
12th & W. Denton Road. (REFERRED TO PLANNING DEPT.)
19) Change of Zone No. 3334 - App. of Rex Anderson, to
amend the Zoning Reolution from I-1 to R-4 at 19th &
Y Streets. (REFERRED TO PLANNING DEPT.)
20) Special Permit No. 1435C - App. of YMCA, to add a
parking lot for the YMCA at 70th & Huntington Streets.
(REFERRED TO PLANNING DEPT.)
21) Special Permit No. 1923 - App. of Tami L. Armstrong,
to allow for the operation of a daycare in a single
family dwelling at 5332 Fremont Street. (REFERRED TO
PLANNING DEPT.)
22) Special Permit No. 1924 - App. of Chien Van Nguyen to
allow sale of alcoholic beverages for consumption off
the premises at 23rd and R Streets. (REFERRED TO
PLANNING DEPT.)
23) Petition to Vacate Public Way of all of the east-
west alley in Block 103, University Place, submitted
by Jon & Lezlie Sinner. (REFERRED TO LAW DEPT.)
24) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomm. Occ. Tax
for the month of June, 2001: Sprint Spectrum, L.P.;
USA Paging LLC; Long Distance of Michigan, Inc.;
Zone Telecom, Inc.; and D&D Communications.
(PLACED ON FILE)
Petition to Vacate Public Way of north one-half of
north-south alley on west line of SW corner of Touzalin
and Seward Streets, submitted by Pete & Gina Klucas
and Millard Drywall Services, Inc. (REFERRED TO LAW DEPT.)
Setting the hearing date of August 13, 2001 at 1:30 p.m.
for K-Sara Enterprises, Inc., dba Meier Imports, for a
Class D Liquor License, located at 3540 Village Dr.,
Ste. 200. (ADOPTED, 5-0; A-81008)
REPORTS OF CITY OFFICERS
25) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on July 16, 2001. (Carried over
from 7/23/01) (PLACED ON FILE)
26) Mayor Don Wesely Veto and Veto Message of Resolution
No. A-80974, Special Permit No. 1918 (Application of Mike
Olderbak to permit the sale of alcoholic beverages
for consumption off the premises at 338 North 27th
Street) which Council adopted July 16, 2001.
(PLACED ON FILE - NO ACTION TAKEN)
27) Investment of Funds for July 16-20, 2001. (ADOPTED,
5-0; A-81009)
28) Distribution of funds representing interest earnings
on short-term investments of Idle Funds for the month
ended June 30, 2001. (ADOPTED, 5-0; A-81010 )
29) Reports from City Treasurer of Telecomm. Occ Tax for
the month of June, 2001: Glyphics Communications, Inc.;
GTC Telecom; Lightyear Communications, Inc.; XO Long
Distance Services, Inc.; RSL COM USA, Inc.; TRI-M
Communications, Inc.; COMDATA Telecommunications Services,
Inc.; NOS Communications, Inc.; Affinity Network, Inc.;
Globalcom, Inc.; NOSVA Limited Partnership; Touch 1
Communications, Inc.; INCOMNET Communications Corp.;
Single Billing Services, Inc., dba Asian American
Association; ATT Wireless PCS, LLC, ATT Wireless
Services; NEXTEL West Corp.; Working Assets Funding
Service, Inc.; OneStar Long Distance, Inc.; Winstar
Wireless, Inc.; I-LINK Communications, Inc.; and
Big Planet, Inc. (PLACED ON FILE)
30) Report from City Treasurer of Franchise Tax for the
month of June, 2001: Utilicorp United Gas Co.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 31 - 39 HAD 1st READING)
31) 01-119 Amending Lincoln Municipal Code Section 2.76.145,
Compensation Plan, Merit Pay Plan, Administration
and Requirements for Advancement; Section 2.76.153,
Compensation Plan, Merit Pay Plan, Shift
Differential; Section 2.76.160, Compensation Plan,
Variable Merit Pay Plan; and Section 2.76.380, Sick
Leave with Pay; to reflect negotiated changes and
changes applicable to employees not represented by a
bargaining unit. Fact Sheet
32) 01-120 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter "F". Fact Sheet
33) 01-121 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter "X". Fact Sheet
34) 01-122 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter "E" and "M".
Fact Sheet
35) 01-123 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter "P". Fact Sheet
36) 01-124 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter "N". Fact Sheet
37) 01-125 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter "A" and "C".
Fact Sheet
38) 01-126 Changing the City telecommunications occupation tax
rate from 3.8% to 5.75% of gross receipts effective
September 1, 2001.
39) 01-127 Amending the conditions of sale of vacated Dairy
Drive by waiving the charge by the City for the
assessment of this land that will be transferred to
Lincoln Mattress and Lancaster County.
ORDINANCES - 3RD READING
40) 01-111 Change of Zone 3326 - Application of Thomasbrook
Properties for a change of zone from R-3 Residential
to R-4 Residential on property generally located at
60th and Normal Blvd. (In connection w/01R-186)
(PASSED, 5-0; #17889) Fact Sheet (525K)
41) 01R-186 Special Permit 572E - Application of Thomasbrook
Properties to amend the Thomasbrook Apartments Community
Unit Plan to decrease the land area of the community unit
plan on property generally located at 60th and Normal
Blvd. (In connection w/01-111) (ADOPTED, 5-0; A-81011)
Fact Sheet (491K), Fact Sheet continue (202K)
42) 01-112 Amending Chapters 5.34 and 5.42 of the Lincoln Municipal Code
relating to Pawnbrokers and Secondhand Jewelry and Watch
Dealers to require pawnbroker forms to be typewritten or
machine printed and to require recording of specific
identifying marks; to add pawnbroker employee to those
required to submit daily reports to the Chief of Police; to
require secondhand jewelry and watch dealer forms to be type-
written or machine printed; to change "record of transactions"
to "form for each transaction"; to extend the time of
retention of secondhand jewelry or secondhand watches
purchased by a dealer from 72 hours to 14 days; and to make
requirements for purchasing secondhand jewelry consistent
with requirements for pawning goods. (PASSED, 5-0; #17890)
Fact Sheet (39K)
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM 52)
43) 00R-64 Special Permit 1423C - App. of Dru, Guy, & David Lammle to
amend the Himark Estates C.U.P. to add land, increase the
assigned number of dwelling units from 240 to 300 multi-
family dwelling units, & to approve the site plan for the
multiple family area, on property generally located at the
northeast corner of S. 84th St. & Old Cheney Rd. (3/13/00 -
To remain on Pending) Factsheet pt1 (1.5M) Memos (1M)
44) 00-169 Vacating the north/south alley from Seward Ave. north to the
east/west alley in Block 95, Havelock Add., generally located
between N. 62nd & N. 63rd Sts. (9/25/00 - Placed on Pending)
Factsheet (16K)
45) 00-177 Vacating a portion of N. 60th St. from Seward Ave. south
142 ft. (10/16/00 - Placed on Pending) Factsheet (16K)
46) 00-200 Vacating W. N St. from the west line of S. Coddington
to a point approx. 300' west thereof. (11/6/00 - Placed
on Pending) Factsheet (987K)
47) 01-22 Vacating Pine Lake Rd. from the west line of Lazy Acres
Subdivision east to the west line of Lot 6 I.T., generally
located west of S. 14th St. & Pine Lake Rd. (2/26/01 -
Placed on Pending) Factsheet (987K)
48) 01-20 Creating Alley Paving Dist. 360 in the north/south alley
between Worthington Ave. & 20th St., from South St. north
approx. 300'. (3/5/01 - Placed on Pending)
49) 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) Factsheet (1.4M)
50) 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 Neigh-borhood 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) Factsheet (949K)
51) 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.
(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).
52) 01R-83 Accepting the report of new and pending claims against the
city and approving disposition of claims set forth therein
for the period of March 16 - 31, 2001. (4/16/01 - Action
delayed for one week to 4/23/01) (4/23/01 - Adopted, 7-0;
Reconsidered, 7-0; Placed on Pending until Annexation Agrmt.
comes forward) (Request to remove from pending for action
8/6/01 - Motion Required) (REMOVED FROM PENDING
FOR ACTION ON 8/6/01, 5-0) Fact Sheet (5K)
53) 01-66 Change of Zone 3315 - App. of Phil and Mary Durst for a change
from R-4 Residential to I-1 Industrial on property generally
located at South 1st and L Streets. (4/23/01 - Placed on
Pending; Public Hearing Con't.) Fact Sheet (997K),
Auction Site Photos (618K), Auction Site Photos (664K),
LMC 27.60 & Signatures (2.2M), Auction Site Photos (1.4M)
54) 01-75 Amending Section 17.10.080 of the Lincoln Municipal Code to
allow individual meters in a multi-dwelling complex. (5/7/01
- Pending 8-10 weeks & to form committee)
55) 01R-100 Authorizing the City to charge individually metered multi-
dwelling units for water use charges. (In connection w/01-75,
01R-101) (4/30/01 - Action delayed to 5/7/01) (5/7/01 -
Pending 8-10 weeks & to form committee)
56) 01R-101 Authorizing the City to charge individually metered
multi-dwelling units for sanitary use charges. (In
connection w/01-75, 01R-100) (4/30/01 - Action delayed
to 5/7/01) (5/7/01 - Pending 8-10 weeks & to form committee)
57) 01-96 Renaming Charles Ave. as Hanneman Dr. beginning at the north
approach of the intersection of Trimble Dr. & W. "C" St. &
extending north & east through the Muff 2nd Add. Preliminary
Plat. (6/18/01 - Placed on Pending until Pre Plat of Muff 2nd
Addition comes forward)
58) 01-106 Authorizing the issuance of not to exceed $3,750,000
aggregate principal amount of the City's Golf Course
Revenue Refunding Bonds. (With Emergency Clause)
(7/16/01 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON AUGUST 6, 2001: (APPROVED, 5-0; SEE ITEM 61)
59) 01R-200 Approving a labor contract between the City and the Lincoln
City Employees Association. Fact Sheet
60) 01R-201 Approving a labor contract between the City and the
International Association of Firefighters.
Fact Sheet
61) 01R-203 Adopting the City of Lincoln 2001-2002 Annual Operating
Budget. (INTRODUCTION DELAYED FOR 2 WEEKS TO 8/13/01, 5-0)
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 (8/1//01) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (8/6/01).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS AGENDA, OR
NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, MAY DO SO AT THIS TIME.
ADJOURNMENT - 8:20 P.M.
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