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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 5, 2002, AT 1:30 P.M.
NOTE: THE 5:30 P.M. MEETING FOR THE MONTH OF AUGUST WILL BE AUGUST 12TH
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Manager application of Robert I. Bardell for II Inc. dba "Villager
932K Motel" at 5200 O Street. (ADOPTED FOR APPROVAL, 6-0; WERNER ABSENT;
A-81628)
2) Exhibit Manager application of Matthew T. Johnson for Whitehead Oil Company
875K dba "U-Stop Convenience Shop" at 8231 O Street.(ADOPTED FOR APPROVAL,
7-0; A-81629)
3) Exhibit Manager application of Steven E. Williams for Hinky Dinky Lincoln
911K #9 dba "Sun Mart #738 at 2145 S. 17th Street. (ADOPTED FOR APPROVAL,
7-0; A-81630)
4) Exhibit Application of Pho-Suha Inc. dba "Pho-Suha" for a Class J liquor
3M license at 1819 O Street. (PLACED ON PENDING FOR 2 WEEKS TO
8/19/02, 6-1; SVOBODA DISSENTING)
5) see item Manager application of Irfan Osmanovic for Pho-Suha Inc. dba
"Pho-Suha at 1819 O Street. (PLACED ON PENDING FOR 2 WEEKS TO
8/19/02, 6-1; SVOBODA DISSENTING)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 6 THRU 15 HAD 2ND READING; SEE ITEMS 7 THRU 15)
6) 02-115 Amending Section 17.10.110 of the Lincoln Municipal Code relating to
water connection fees to provide for a connection fee reimbursement
to a party who has constructed a city water main pursuant to the
executive order process authorized by Section 26.11.038.
7) 02-116 Amending Ordinance 17897 relating to the pay schedules of employees
whose classifications are assigned to the pay range which is
prefixed by the letter "A" by creating the job classifications
of "Community Center Supervisor", Neighborhood Center Supervisor",
and "Athletics Supervisor", and relating to the pay schedules
of employees whose classifications are assigned to the pay range
which is prefixed by the letter "C" by creating the job classifi-
cation of "Assistant Center Supervisor". (Request 2nd & 3rd Reading
on 8/5/02) Fact Sheet (48K), Community Center Supervisor (7K),
Neighborhood Center Supervisor (6K), Athletics Supervisor(8K),
Assistant Center Supervisor (7K) (MOVED TO HAVE 2ND & 3RD READING
THIS DATE, 7-0; PASSED, 7-0; #18045)
8) 02-117 Amending Section 2.76.135, Compensation Plan, Merit Pay Plan
Established; Section 2.76.200, Compensation Plan, Temporary
Assignment in a Higher Classification; and 2.76.380, Sick Leave
with Pay, of the Lincoln Municipal Code to reflect negotiated
changes and changes applicable to employees not represented by a
bargaining unit. (Request 2nd & 3rd Reading on 8/5/02)
Fact Sheet (47K) (MOVED TO HAVE 2ND & 3RD READING THIS DATE, 7-0;
PASSED, 7-0; #18046)
9) 02-118 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letters "A" and "C". (Request 2nd & 3rd Reading on 8/5/02)
Fact Sheet (47K) (MOVED TO HAVE 2ND & 3RD READING THIS DATE,
7-0; PASSED, 7-0; #18047)
10) 02-119 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letter "E". (Request 2nd & 3rd Reading on 8/5/02) Fact Sheet (47K)
(MOVED TO HAVE 2ND & 3RD READING THIS DATE, 7-0;PASSED, 7-0;
#18048)
11) 02-120 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letter "F". (Request 2nd & 3rd Reading on 8/5/02) Fact Sheet (46K)
(MOVED TO HAVE 2ND & 3RD READING THIS DATE, 7-0; PASSED, 7-0;
#18049)
12) 02-121 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letter "M". (Request 2nd & 3rd Reading on 8/5/02) Fact Sheet (47K)
(MOVED TO HAVE 2ND & 3RD READING THIS DATE, 7-0; PASSED, 7-0;
#18050)
13) 02-122 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letters "N". (Request 2nd & 3rd Reading on 8/5/02) Fact Sheet (47K)
(MOVED TO HAVE 2ND & 3RD READING THIS DATE, 7-0; PASSED, 7-0;
#18051)
14) 02-123 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letter "P". (Request 2nd & 3rd Reading on 8/5/02) Fact Sheet (46K),
(MOVED TO HAVE 2ND & 3RD READING THIS DATE, 7-0; PASSED, 7-0;
#18052)
15) 02-124 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letters "X". (Request 2nd & 3rd Reading on 8/5/02) Fact Sheet (47K),
(MOVED TO HAVE 2ND & 3RD READING THIS DATE, 7-0; PASSED, 7-0;
#18053)
PUBLIC HEARING - RESOLUTIONS
16) 02R-155 Ordering Re-paving District No. 155 constructed in West Charleston,
1st Street west. (ADOPTED, 7-0; A-81631)
17) 02R-156 Approving the appointment of Marvin Krout as Planning Director
effective September 3, 2002. (ADOPTED, 7-0; A-81632)
18) 02R-157 Approving a schedule of maximum fees the City may charge for
ambulance service. Fact Sheet (113K) (ADOPTED, 6-1; CAMP
DISSENTING; A-81633)
19) 02R-158 Approving the 2002-2003 Maintenance and Management BID Budgets and
Program of Work for the Downtown Lincoln Association Program for
the period of September 1, 2002 to August 31, 2003. Fact Sheet
(211K) (ADOPTED, 7-0; A-81634)
20) 02R-159 Accepting a donation of 14.3 acres of property located southeast
of 98th and Adams Streets along Stevens Creek for use as a park
and approving the park name of "Burnsite Park." (Request of
Parks Dept. to delay p.h. & action 1 week to 8/12/02) (PUBLIC
HEARING & ACTION DELAYED ONE WEEK TO 7/12/02, 7-0)
PUBLIC HEARING CONTINUED
ORDINANCES 3RD READINGS & RESOLUTIONS FOR ACTION
21) 02-110 Amending the Corporate limits of the City by annexing approximately
113.05 acres of property generally located at the southeast corner
of North 84th and Adams Streets. (In connection w/02-111, 02R-147,
02R-148)(7/22/02 - P.H. & Action delayed 1 wk to 7/29/02)(7/29/02 -
P.H. & Action delayed 1 wk to 8/5/02), (PUBLIC HEARING & ACTION
DELAYED ONE WEEK TO 7/12/02, 7-0)
22) 02-111 Change of Zone 3355 - Application of Prairie Homes Builders, Inc.
for a change of zone from AG Agricultural District to R-3
Residential District on property generally located at the southeast
corner of North 84th and Adams Streets. (In connection 2/02-110,
02R-147, 02R-148) (7/22/02 - P.H. & Action delayed 1 wk to 7/29/02)
(7/29/02 - P.H. & Action delayed 1 wk to 8/5/02)(PUBLIC HEARING &
ACTION DELAYED TWO WEEKS TO 8/19/02, 7-0)
23) 02R-147 Special Permit 1959 - Application of Prairie Homes Builders, Inc.
to develop Prairie Village Community unit Plan consisting of 174
single family and 300 multi-family dwelling units, with a wavier
of the building height, on property generally located at the south-
east corner of North 84th and Adams Streets. (In connection
w/02R-148, 02R-154, 02-110, 02-111) (7/22/02 - P.H. & Action
delayed 1 wk to 7/29/02)(7/29/02 - P.H. & Action delayed 1 wk to
8/5/02)(PUBLIC HEARING & ACTION DELAYED TWO WEEKS TO 8/19/02, 7-0).
24) 02R-148 Accepting and approving the preliminary plat of Prairie Village
Addition for 179 lots, with waivers of non-radial lot lines, sewer
depth and double frontage lots on property generally located at
the southeast corner of North 84th and Adams Streets. (In
connection w/02R-147, 02R-154, 02-110, 02-111) (7/22/02 - P.H.
& Action delayed 1 wk to 7/29/02) (7/29/02 - P.H. & Action
delayed 1 wk to 8/5/02) (PUBLIC HEARING & ACTION DELAYED TWO WEEKS
TO 8/19/02, 7-0)
25) 02R-154 Approving the Prairie Village Conditional Annexation and Zoning
not Agreement between the City and Prairie Homes Builders, Inc.
available relating to the annexation of approximately 113.05 acres of
this week property generally located at the southeast corner of North
84th and Adams Street. (In connection w/02-110, 02-111, 02R-147,
02R-148) (7/2/9/02 - P.H. & Action delayed 1 wk to 8/5/02)
(PUBLIC HEARING & ACTION DELAYED TWO WEEKS TO 8/19/02, 7-0)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
26) Formal Ornamental Lighting Petition for Ornamental Lighting
District No. 286 at 27th Street to 20th Street & Van Dorn
Street to High Street submitted by Mary Hewitt & Gary A. Jones.
(REFERRED TO LAW DEPT.)
27) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecomm. Occ. Tax for the month of
April, 2002 to June 2002: PNG; June, 2002: Cricket, Nextel West
Corp., Coast Int'l., Nebraska Technology & Telecomm., Shaffer,
Alltel Systems of the Midwest, Alltel Nebraska, Trans Nat'l.,
Sprint, Norstan Network, United Systems Access Telecom., Sprint
Spectrum, McLeod USA. (PLACED ON FILE)
Report of City Treasurer of franchise fee from Time Warner Cable
for the quarter ending June 30, 2002. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Special Permit 1983 - App. of L.T.R. Inc., dba L.T.R. Vehicle
Sales & Salvage, 8000 Fletcher, to obtain a license as a motor
vehicle & trailer wrecker & salvage dealer's license.
REPORTS OF CITY OFFICERS
28) Investment of Funds for July 22 through 26, 2002.
ADOPTED, 7-0; A-81635)
29) Report from City Treasurer of Cash on Hand at the close of business
June 30, 2002. (PLACE ON FILE)
ORDINANCES - 1ST READING ITEMS 30 THRU 32 HAD 1ST READING; SEE ITEM 31)
30) 02-125 Approving the transfer of appropriations between certain capital
improvement projects within the Water Construction Fund, Sanitary
Sewer Construction Fund, Landfill Revenue Fund, 1997 Storm Sewer
Bond Issue Fund, Street Construction Fund, Vehicle Tax Fund, Parking
Lot Revolving Fund, and Parking Facilities Construction Fund.
31) 02-126 Approving a multi-year lease between the City of Lincoln Parks
to be and Recreation Department and Nebraska Wesleyan University for
withdrawn the improvement of and use of the baseball field located in Woods
Park. WITHDRAWN, 7-0; #38-4408)
32) 02-127 Change of Zone 75HP - Application of Joel and Kathy Sartore for a
landmark designation for the Hichcock House at 2733 Sheridan
Boulevard. (In connection w/02R-161) Fact Sheet (458K)
ORDINANCES - 3RD READING
33) 02-113 Approving a Sublease Agreement between the City and the State of
Nebraska DAS/State Building Division on behalf of Vocational
Rehabilitation Services for providing job training and employment
services under the Workforce Investment Act. Fact Sheet (53K),
Attachment A (153K) PASSED, 7-0; 318054)
PENDING LIST (EXTENDED 1 WEEK)
34) 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)
35) 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)
36) 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)
Fact Sheet (1.1M)
37) 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; P. H. Cont'd.) Fact Sheet (997K), Photo's (618K),
Photo's (664K), Drawings (2.2M), Photo's (1.4M)
38) 00-177 Vacating a portion of N. 60th St. from Seward Ave. south
142 ft. (10/16/00 - Placed on Pending) (10/8/01 - To have
P. H. & action 10/15/01) (10/15/01 - Delayed 2 weeks to 10/29/01)
(10/29/01- Placed on pending indefinitely) Fact Sheet (16K)
39) 01-150 Creating paving District 2623 in N.W. 27th Street from approximately
West O Street north to the Interstate bridge and assessing the
cost thereof against the benefitted property. (11/19/01 -
Reconsidered & placed on pending) Fact Sheet (26K), Attachment (93K)
40) 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 - Remain on Pending) Fact Sheet (4K)
41) 02-22 Amending Chapter 2.65 of the Lincoln Municipal Code relating to the
Police and Fire Pension Plan - Plan "B" to provide for a one-time
increase to Police and Fire Pension Retirees and Deferred Annuitant
Retirees scheduled to receive a monthly pension payment.
(2/25/02 - Placed on Pending)
42) 02-23 Amending Chapter 2.66 of the Lincoln Municipal Code relating to the
Police and Fire Pension Plan - Plan "C" to provide for a one-time
increase to Police and Fire Pension Retirees and Deferred
Annuitant Retirees scheduled to receive a future monthly pension
payment. (2/25/02 - Placed on Pending)
43) 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)
44) 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 - Pending until policy recommendation from
Urban Development)
45) 02-39 Establishing a retirement incentive program for City employees who
meet certain age & service criteria. (In connection w/02R-63)
(3/25/02 - P.H. delayed to 4/15/02) (Request 2nd & 3rd Reading
w/Emergency Clause)(4/15/02-Pending Indefinitely, w/P.H. & 2nd
Reading when Bill brought forward)
46) 02R-63 Approving a transfer of appropriations from existing re-appropri-
ations for budgets in various departments for the funding of the
retirement incentive program as set forth in Bill No. 02-39.
(In connection w/02-39) (3/25/02 - P.H. delayed to 4/15/02)
(4/15/02 - Pending Indefinitely w/P.H. when Bill brought forward)
47) 02-58 Creating Improvement District No. 183 in S.W. 8th Street from West
C Street to Hanneman Drive and assessing the cost thereof to the
benefitted properties. (5/20/02 - Placed on Pending)
48) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON AUGUST 12, 2002, 5:30 P.M.: (APPROVED, 7-0)
49) 02R-160 Appointing Margaret Stine to the City Personnel Board for a five-
year term expiring June 22, 2007.
50) 02R-161 Special Permit 1981 - Application of Joel and Kathy Sartore to use
a portion of the garage of the proposed landmark Hitchcock House
as an apartment for an employee or employees engaged in the upkeep
of the premises.(In connection w/02-127) Fact Sheet (731K)
51) 02R-162 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth therein for the
period of July 16 - 31, 2002. Fact Sheet (5K), Exhibit A (26K)
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 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 (8/7/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (8/12/02).
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
****
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