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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 12, 2002, AT 5:30 P.M.
NOTE: PUBLIC HEARING FOR THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM & THE 2002-
2003 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL IMPROVEMENT
PROGRAM FY 2002-2008 BEGAN AFTER THE REGULAR CITY COUNCIL AGENDA.
PUBLIC HEARING
LIQUOR RESOLUTIONS- NONE
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 1 & 2 HAD 2ND READING)
1) 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.
2) 02-127 Change of Zone 75HP - Application of Joel and Kathy Sartore for a
landmark designation for the Hitchcock House at 2733 Sheridan
Boulevard.(In connection w/02R-161) Fact Sheet (458K)
PUBLIC HEARING - RESOLUTIONS
3) 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)
(AMENDED, 7-0; ADOPTED, 7-0; A-81636)
4) 02R-160 Appointing Margaret Stine to the City Personnel Board for a
year term expiring June 22, 2007. (ADOPTED, 7-0; A-81637)
5) 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)
(ACTION DELAYED 1 WEEK TO 8/19/02, 7-0)
6) 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)
(ADOPTED, 7-0; A-81638)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
7) Formal Ornamental Lighting Petition for Ornamental Lighting District
No. 286 at 27th Street to 20th Street & Van Dorn Street to High
Street submitted by Phillip R & Judith L. Stephens.
(REFERRED TO LAW DEPT.)
8) Petition to Vacate Public Way approximately the east 115 feet of
the first alley south of "O" Street running east/west between 36th
& 37th Streets submitted by Austin Realty Investments.
(REFERRED TO LAW DEPT.)
9) MISCELLANEOUS REFERRALS
Clerk's Letter & Mayor's approval of Ordinances & Resolutions
passed on August 5, 2002. (PLACED ON FILE)
Petition to Vacate Public Way L Street from 9th west to the
alley submitted by Russell Bayer. (REFERRED TO LAW DEPT.)
Formal Ornamental Lighting Petition for Ornamental Lighting
Dist. 286 for 27th Street to 20th Street, Van Dorn Street
to High Street submitted by William Dugas.
(REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
10) Investment of Funds for July 29 through August 2, 2002.
(ADOPTED, 7-0; A-81639)
11) Lincoln Water & Wastewater System Recapitulation of Daily Cash
Receipts for July 2002.(PLACED ON FILE)
12) Mayor Don Wesely's Veto Message of Resolution No. A-81626 related
to skywalk project redevelopment agreement under the Nebraska
Community Development Law between the City and St. George L.L.C.
for the building located at 1023 O Street and providing use
restrictions, duties and obligations for the redeveloper consistent
with the Lincoln Center Redevelopment Plan and the Gold's Galleria
Block Balance sub-project TIF district 9941. (PLACED ON FILE)
13) Mayor Don Wesely's Veto Message of Resolution No. A-81627 related
to skywalk maintenance agreement, accepting a public use easement,
and providing terms and conditions of use related to the skywalk
project improvements for the Lincoln Building at 1001 O Street, the
Lincoln Senior Center Building at 1005 O Street and the St. George
Building at 1023 O Street. (PLACED ON FILE)
14) Clerk's Letter & Mayor's approval of Ordinances & Resolutions
passed by Council on July 29, 2002 except Resolution Nos. A-81626
and A-81627. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 15 THRU 17 HAD 1ST READING)
15) 02-128 Change of Zone 3368 - Application of Pioneer Woods, L.L.C. for a
change of zone from R-3 Residential to O-3 Office Park on property
located at the northeast corner of S. 70th Street and Pioneers
Blvd. Fact Sheet (806K)
16) 02-129 Change of Zone 3369 - Application of Ridge Development Company and
Southview Inc. for a change of zone from AG Agricultural to R-4
Residential on property generally located northwest of the
intersection of South 27th Street and Yankee Hill Road.
Fact Sheet (330K)
17) 02-130 Approving a Sublease Agreement between the City and the State of
Nebraska DAS/State Building Division on behalf of Health and Human
Services for a sublease of space at 1010 N Street to provided job
training and employment services under the Workforce Investment Act.
ORDINANCES - 3RD READING
18) 02-115 Amending Section 17.10.110 of the Lincoln Municipal Code relating
to water connection fees to provide for a connection fee reimburse-
ment to a party who has constructed a city water main pursuant to
the executive order process authorized by Section 26.11.038.
(PASSED, 7-0; #18055)
PENDING LIST (EXTENDED 1 WEEK)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) Exhibit Application of Pho-Suha Inc. dba "Pho-Suha" for a Class J liquor
3M license at 1819 O Street. (8/5/02 - Action delayed to 8/19/02)
35) see item Manager application of Irfan Osmanovic for Pho-Suha Inc. dba
#34 "Pho-Suha at 1819 O Street. (8/5/02 - Action delayed to 8/19/02)
36) 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) (8/5/02 - P. H. & Action
delayed 2 wks to 8/19/02)
37) 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) (8/5/02 - P. H.
& Action delayed 2 wks to 8/19/02)
38) 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 waiver
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)
(8/5/02 - P. H. & Action delayed 2 wks to 8/19/02)
39) 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) (8/5/02 - P. H. & Action delayed 2 wks to 8/19/02)
40) 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)(8/5/02 -
P. H. & action delayed two wks to 8/19/02)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON AUGUST 19, 2002, 1:30 P.M.: (APPROVED, 7-0)
41) 02R-163 Reappointing Patricia Taft to the Cable Advisory Board for a
three-year term expiring July 1, 2005.
42) 02R-164 Appointing Herb Friedman and Donna Behlen to the Cable Advisory
Board 7for three-year terms expiring July 1, 2005.
43) 02R-165 Reappointing Mari Lane and Donald Stading to the Charter Revision
Commission for four-year terms expiring July 15, 2006.
44) 02R-166 Reappointing William D. Blue to the Lincoln Housing Authority
Board for a five-year term expiring July 1, 2007.
45) 02R-167 Approving the labor contract between the City of Lincoln and the
National Association of Government Employee (NAGE) effective
August 15, 2002.
46) 02R-168 Waiving design standards for street trees and sidewalk on Q Street
and N. 36th Street, and waiving street paving on Q Street, generally
located at N. 36th and Q Streets. Fact Sheet (265K)
47) 02R-169 Special Permit 1978 - Application of Ridge Development Company and
Southview, Inc. to develop Stone Ridge Apartments Community Unit
Plan for 120 multi-family units and one clubhouse, with a waiver
of the design standards for stormwater detention, on property
generally located northwest of the intersection of South 27th
Street and Yankee Hill Road. Fact Sheet (652K)
48) 02R-170 Use Permit No. 144 - Application of Pioneer Woods, L.L.C. to develop
approximately 105,000 sq. ft. of office area, with a waiver of
design standards to allow signs in the front yard, to not show signs
on the site plan, to adjust setbacks where lots abut the outlot,
to modify the subdivision requirements so that final plats may be
based upon the use permit and to reduce the front yard setback, on
property generally located at the northeast corner of S. 70th Street
and Pioneers Blvd. Fact Sheet (1M)
49) 02R-171 Special Permit 1808B - Application of NEBCO, Inc. to amend the
Fallbrook Community Unit Plan to expand the boundaries, revise
the layout of a portion of the single family residential area, and
to transfer dwelling units to the single family residential area,
with a waiver of design standards to allow an intersection with a
grade greater than 3%, on property generally located north of
Highway 34, south of Alvo Road and west of North 1st Street.
Fact Sheet (425)
50) 02R-172 Special Permit 1979 - Application of Chicago, Burlington and Quincy
Railroad Company for authority to construct a 143' tall broadcast
tower to accommodate antennae for its private microwave
communications system, with a waiver of the landscape requirements,
on property generally located southwest of the intersection of
Northwest Roundhouse Drive and West O Street. Fact Sheet (1.2M)
51) 02R-173 Special Permit 1980 - Application of Teri Ernisse for authority to
sell alcoholic beverages for consumption on and off the premises
on property generally located at 1400 Saltillo Road.
Fact Sheet (375K)
52) 02R-174 Waiving design standards for a parking lot and driveway on property
generally located at S.W. 12th Street and Rokeby Road.
Fact Sheet (360K)
53) 02R-175 Directing submittal to the voters of a proposed general obligation
bond issue in the principal amount of not to exceed $4,000,000.00
to be allocated for repairs, renovation, and improvements to certain
existing pedestrian, bicycle and other non-motor vehicle sidewalks,
paths, and trails within the City of Lincoln.
54) 02R-176 Directing submittal to the voters of a proposed general obligation
bond issue in the principal amount of not to exceed $8,000,000.00
to be used for two fire stations, modification and repair of
existing fire stations, and purchase of equipment.
55) 02R-177 Approving a contract between Lincoln Electric System and MidAmerican
Energy Company for participation in the Council Bluffs No. 4 coal-
fired power plant project and authorizing LES to secure long-term
financing for its investment in this project.
56) 02R-178 Appointing Glenn Friendt to the Community Development Task Force
for a one-year term expiring August 31, 2003.
57) 02R-179 Reappointing Jonathan Cook, Glenn Friendt, and Coleen Seng to the
Railroad Transportation Safety District for one-year terms expiring
August 31, 2003.
58) 02R-180 Reappointing Annette McRoy to the Joint Budget Committee for a
two-year term expiring August 31, 2004.
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 (8/14/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(8/19/02).
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 5:55 P.M.
RECONVENE 5:55 P.M.
PUBLIC HEARING
1. ONE & SIX YEAR STREET & HIGHWAY PROGRAM
2. 2002-2003 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL IMPROVEMENT
PROGRAM FY 2002/03 - 2007/08
ADJOURNMENT 8:31 P.M.
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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.
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History