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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 9, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT
There will be NO Council Meetings the week of December 23rd and December 30th.
MAYOR'S AWARD OF EXCELLENCE
presented to Ken Challquist & Joe Woods of the PW/U Star Tran Dept.
in the category of Customer Relations.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Connot Enterprises, Inc. dba "Jack Pot" for a
1.8M Class D liquor license at 501 West A Street. (ADOPTED FOR APPROVAL,
7-0; A-81846)
2) Exhibit Manager application of William E. Connot for Connot Enterprises,
429K Inc. dba "Jack Pot" at 501 West A Street. (ADOPTED FOR APPROVAL,
7-0; A-81847)
PUBLIC HEARING
ORDINANCES - 2nd READING - ITEM 3 HAD 2nd READING
3) 02-187 Approving a Sublease Agreement between the City and Dynamic
Educational Systems, Inc. representing Job Corps for a sublease
of space at the One Stop Center, 1010 N Street, to provide job
training and employment services under the Workforce Investment
Act. Fact Sheet (140K), Attachment (142K)
PUBLIC HEARING - RESOLUTIONS
4) 02R-291 Establishing the annual salary of the Mayor for the years 2003,
2004, 2005, and 2006. (MOTION TO AMEND, FAILED, 3-4, CAMP, COOK,
FRIENDT, MCROY DISSENTING; ADOPTED, 7-0; A-81848)
5) 02R-292 Appointing Kelly "K.B." Turner, Ph.D. to the Citizen Police
Advisory Board for a three-year term expiring November 17,
2005. Fact Sheet (108K) (ADOPTED, 7-0; A-81849)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
6) Setting the hearing date of Monday, December 16, 2002 at 1:30 P.M.
for the application of Nebraska Agri-Business Association to
conduct a raffle in the City of Lincoln for the period of
December 18, 2002 to January 30, 2003. (APPROVED, 7-0)
7) Petition to Vacate the public way West M Street from Coddington
Avenue to its termination approx. 300' to the west, Lots 7
through 12, Block 3, Manchester Heights Addition and Lots 3 and
4, Block 1, Ford Van Lines Addition, submitted by Gary & Carolyn
Christensen. (Referred to Law Dept.)
8) 76 Formal Ornamental Lighting Petitions for Ornamental Lighting
District #286 from 27th Street to 20th Street, Van Dorn Street
to High Street, submitted by: Barbara Sahling, Eric Arnold &
Linda Price, Debra Sharp, W. Douglas & Caroline S. Knight, Charles
McBride, Michael & Laura Duggan, Matthew & Melenda Easley, May Ann
Williams, James & Mary Lynn Schaffer, John & Ardeth Stuertz,
Margaret Miller, Mary Carper, Douglas Carper, Steven & Michalene
Sorensen, Susan Tallman, Carl Bouges, Susan Maly - Hergenrader,
James R. Crook, Peter Beeson, Eleanor Wilson, James & Laura
Cummings, Gregory & Laura Manning, John Neal, William & Debra
Grauer, Kristi Hetland, James Harrington, Catherine Harrington,
Vicki Warner, Michael Hoffman & Amy Spiegel, Adam Muir, Dennis
& Susan Hershberger, Robert Bartle, Barbara Bartle, Robert Knoll,
Joseph & Lorene Adamson, Harry & Ann Tolly, Todd & Wendy Johnson,
Bergmeyer Investments, L.L.C., Robert & Barbara Markley, Virginia
McGuire, Winston & Millie Crabb, Florence Haskins, Robert & Beverly
Routh, Larry & Mary Schultz, Travis & Karla Jensen, Lance & Kathryn
Rice, Howard & Natalie Parker, Sue Arbuthnot, David Reifschneider
& Cindy Cammack, Dennis & Nancy Stuckey, Trent & Jessica Sidders,
Chad & Amy Vyhlidal, Kristian & Mary Rutford, William & Marsha
Glover, R. J. & Mary Susan Windle, Philip Goddard & Shannon Horner,
Genee & Daryl Bahm, Brad Kim Nelson, Cecilia Ruley, Rick & JoEllen
Frey, Mollie Baldwin, David & Kendra Hiebe, Rosemary Torraco,
Richard Torraco, Frances, Beechner, Audie Wise, Suzanne Wise,
Kathy Magruder, Donald & Cathy Linscott, Steven & Janis Thelen,
Frances Linch, JaNeane Dodson, Roger Dodson, William & Shalon
Dughs, Christine Marvin and Anne Senkbeil. (Referred to Law Dept.)
9) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecommunication Tax for the month of
October, 2002: USA Paging LLC, ALYON Technologies, Inc., IBM Global
Services-NS Div., Quantum Shift Communications and Bell Atlantic
Communications. (Placed on file)
REPORTS OF CITY OFFICERS
10) Investment of Funds for November 25 through November 27, 2002.
(ADOPTED, 7-0; A-81850)
11) Accepting the Assessment Resolutions for Special Assessment Group
I, Board of Equalization Meeting to be held Dec. 16, 2002, at
10:00 A.M. (Requires a motion) (APPROVED, 7-0)
12) Report of Lincoln Water & WasteWater System Recapitulation of
Daily Cash Receipts for the month of November, 2002. (Placed
on file)
13) Report from City Treasurer of Telecommunication Tax for the months
of July, August & September, 2002: OCMC, Inc.; for the month
of October, 2002: Sprint Communication Company Limited Partnership,
Sprint Spectrum, L.P., Shaffer Communications, Inc., Norstan Network
Services, Inc., United Systems Access Telecom, Inc., McLeod USA
Telecommunications Services, MCI WorldCom Network Service, Inc.,
TransNational Communications International, Cellular One, OCMC,
Inc., Nebraska Technology & Telecommunications, Inc., Network
Billing Systems, L.L.C., Zone Telecom, Inc., I-LINK Communications,
Inc., LDMI Telecommunications, Inc., Association Administrators,
Inc., Big Planet, Inc., Telco Development Group De Inc., Alltel
Nebraska, Inc., Alltel Systems of the Midwest, Inc., Alltel
Communications of Nebraska, Inc.; for the month of November,
2002: D & D Communications, Inc. (Placed on file)
ORDINANCES - 1ST READING - NONE
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
14) 02-173 Creating Alley Paving District No. 363 from 26th Street to 27th
Street between Q and R Streets, and assessing the cost thereof
against the benefitted property. (12/2/02 - Held over 1 week
due to tie vote) (LOST, 3-4, CAMP, FRIENDT, SVOBODA ASSENTING;
#38-4425)
15) 02-186 Amending Section 9.36.080 of the Lincoln Municipal Code to allow
the Lincoln Airport Authority to designate flight patterns that
are in need of control of the bird population for the protection
of the public health, safety, and welfare; and to allow City
recognized homeowner associations to use nonlethal means to help
reduce the bird populations within the flight patterns.
Fact Sheet (11K) (PASSED, 7-0; #18110)
16) 02R-287 Approving a 48-month cost-per-copy master rental agreement
between the City and Alternative Business Systems, Inc. for
centrally managed photocopiers. (12/2/02 - Delay action 1 wk to
12/9/02) Fact Sheet (140K), Fact Sheet (355K)
(ADOPTED, 7-0; A-81851)
PENDING LIST - DATE CERTAIN (SEE ITEM 17)
17) 02R-290 Establishing a committee to determine the criteria for an
independent evaluation for future fire protection and emergency
medical services and to recommend a consultant. (11/25/02 -
Placed on Pending to have further discussion in two weeks on
12/9/02) (WITHDRAWN, 7-0; #38-4426)
18) 02-160 Amending Title 27 of the Lincoln Municipal Code (Zoning Ordinance)
to add a new Section 27.82.010 to provide a title, authority and
applicability; to add a new Section 27.82.020 to provide
legislative findings and purpose; to add a new Section 27.82.030
to provide intent; to add a new Section 27.82.040 to provide
definitions; to add a new Section 27.82.050 to provide for
imposition of impact fees; to add a new Section 27.82.060 to
provide exemptions from impact fees; to add a new Section
27.82.070 to provide for the creation of an impact fee fund and
impact fee accounts; to add a new Section 27.82.080 to provide
for refunds of impact fees paid; to add a new Section 27.82.090
to provide for post-ordinance developer agreements regarding
Impact Fee Facilities; to add a new Section 27.82.100 to provide
for developer reimbursement for pre-ordinance participation in
financing or constructing Impact Fee Facilities; and to add a
new Section 27.82.110 to provide for miscellaneous provisions.
(In connection w/02-161, 02R-247) (Housing Authority -Motion
to Amend) (11/18/02 - Motion to Delay to 12/9/02, Failed, 3-4,
Cook, McRoy & Werner Assenting, Placed on Pending with No Date
Certain, 4-3; Cook, Seng, & Werner Dissenting) (12/2/02 - To
have Action 12/16/02)) Fact Sheet (1.3M), Exhibit A (1.2M),
Exhibit B pt1, Exhibit B pt2 (1.9M)
19) 02-161 Amending Title 26 of the Lincoln Municipal Code (Land Subdivision
Ordinance) to amend Section 26.23.040 to modify the reference to the
Comprehensive Plan and to increase the minimum right-of-way width
for bikeways from a 14-foot easement to a 20-foot easement; and to
amend Section 26.23.160 to require a dedication of land or payment
of an impact fee for neighborhood parks and trails.
(In connection w/02-160, 02R-247) (11/18/02 - Motion to
Delay to 12/9/02, Failed, 3-4, Cook, McRoy & Werner Assenting,
Placed on Pending with No Date Certain, 4-3; Cook, Seng, & Werner
Dissenting) (12/2/02 - To have Action 12/16/02)
Fact Sheet (107K)
20) 02R-247 Adopting the Water System Impact Fee, Water Distribution Impact Fee,
Wastewater Impact Fee, Arterial Street Impact Fee, and Neighborhood
Park and Trail Impact Fee Schedules to be used todetermine the
amount of each required impact fee pursuant to the requirement of
the Impact Fee Ordinance. (In connection w/02-160, 02-161)
(Planning Dept - Motion to Amend) (11/18/02 - Motion to Delay to
12/9/02, Failed, 3-4, Cook, McRoy & Werner Assenting, Placed on
Pending with No Date Certain, 4-3; Cook, Seng, & Werner Dissenting)
(12/2/02 - To have Action 12/16/02) Fact Sheet (11K),
Impact Fee Schedule (37K), Motion to Amend (113K)
21) 02R-244 Special Permit 1976 - Application of Willard Giebenrath to develop
View Pointe North Community Unit Plan for 14 single family acreage
lots on property generally located at N. 70th Street and Waverly
Road. (In connection w/02R-245) (Delayed 3 wks to 11/18/02
with con't public hearing)(11/18/02 - P.H. & Action Delayed to
11/25/02)(11/25/02 - Substitute Resolution Adopted, 7-0; Con't
P.H. & Action Adopted, 7-0; Con't P.H. & Action for one week to
12/2/02) (12/02/02 - Placed on pending to 1/13/03 w/ continued
public hearing)
22) 02R-245 Accepting and approving the preliminary plat of View Pointe North
for 14 lots and 5 outlots with waivers of the required street
trees, street lighting, landscape screens, sidewalks, cul-de-sac
length, storm water detention and block length, on property
generally located at N. 70th Street and Waverly Road. (In
connection w/02R-244) (10/28/02 - Delayed 3 wks to 11/18/02
with con't public hearing) (11/18/02 - P.H. & Action Delayed to
11/25/02)(11/25/02 - Substitute Resolution Adopted, 7-0; Con't
P.H. & Action for one week to 12/2/02) (12/2/03 - Placed on
pending to 1/13/03 w/continued public hearing)
PENDING LIST (EXTENDED ONE WEEK, SEE ITEMS 27, 29, 30, 36)
23) 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)
24) 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)
25) 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)
26) 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; Pub. Hearing Cont'd.) Fact Sheet (997K), Photo's (618K),
Photo's (664K), Drawings (2.2M), Photo's (1.4M)
27) 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 Pub. Hearing &
Action on 10/15/01) (10/15/01 - Pub. Hearing & Action Delayed 2
weeks to 10/29/01) (10/29/01- Placed on pending indefinitely)
Fact Sheet (16K) (REMOVED FROM PENDING FOR ACTION ON 1/6/03, 7-0)
28) 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)
29) 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) (WITHDRAWN, 7-0; #38-4427)
30) 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) (WITHDRAWN, 7-0; #38-4428)
31) 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)
32) 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 recommend-
ation from Urban Development)
33) 02-39 Establishing a retirement incentive program for City employees who
meet certain age & service criteria. (In connection w/02R-63)
(3/25/02 - Pub. Hearing delayed to 4/15/02)(Request 2nd & 3rd
Reading w/Emergency Clause) (4/15/02-Pending Indefinitely,
w/P.H. & 2nd Reading when Bill is brought forward)
34) 02R-63 Approving a transfer of appropriations from existing re-appropria-
tions 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 - Pub. Hearing delayed to 4/15/02)
(4/15/02 - Placed on Pending Indefinitely w/Pub. Hearing when Bill
brought forward)
35) 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)
36) Application of BJT, L.L.C. dba "The Office" for a Class I liquor
license at 1211 O Street. (10/21/02 - Motion to Reconsider/Withdraw
application on 10/28/02) (10/28/02 - Placed on pending until
manager application comes forward) (P.H. & ACTION ON 12/16/02)
37) 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)
38) 02R-261 Comp. Plan Amendment 02001.B - 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 southeast corner of 84th
and South Streets. (11/18/02 - Pending Indefinitely)
Fact Sheet (100K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON DECEMBER 16, 2002, 1:30 P.M.: (APPROVED, 7-0)
39) 02R-293 Reappointing June Remington and Tom Schleich to the Lincoln
Electric System Administrative Board for a three-year term
expiring December 31, 2005.
40) 02R-294 Reappointing Nicole Simon to the Lincoln-Lancaster Women's
Commission for a two-year term expiring January 1, 2005.
41) 02R-296 Reappointing Glenn Friendt to the District Energy Corporation
for a two-year term expiring December 31, 2004.
42) 02R-295 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 - 30, 2002. Fact Sheet (8K), Exhibit A (21K)
43) 02R-297 Assessing the costs incurred for cutting weeds against the
various benefitted properties for the period of January 1
through December 31, 2002. Fact Sheet (51K)
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 (12/11/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (12/16/02).
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 - 3:07 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