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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 16, 2002, AT 1:30 P.M.
There will be no Council Meetings the week of
December 23rd and December 30th.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Colorado Hospitality Services, Inc. dba "Best
Western Airport Inn" for a Class "C" liquor license at 3200
N.W. 12th Street. (ADOPTED FOR APPROVAL, 7-0; A-81852)
2) see item Manager application of Leo Scherer for Colorado Hospitality
#1 Services, Inc. dba "Best Western Airport Inn" at 3200 N.W. 12th
Street. (ADOPTED FOR APPROVAL, 7-0; A-81853)
3) Exhibit Manager application of Ginger Chapin for Whitehead Oil Company
dba "U-Stop Convenience Shop" at 2925 N.W. 12th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81854)
4) 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/With
draw application on 10/28/02) (10/28/02 - placed on pending
until manager application comes forward)(ADOPTED FOR APPROVAL, 6-1;
FRIENDT DISSENTING; A-81855)
5) Manager application of Juliana Buller for BJT, L.L.C. dba "The
Office" at 1211 O Street. (ADOPTED FOR APPROVAL, 7-0; A-81856)
PUBLIC HEARING
ORDINANCES - 2nd READING - NONE
PUBLIC HEARING - RESOLUTIONS
6) 02R-293 Reappointing June Remington and Tom Schleich to the Lincoln
Electric System Administrative Board for a three-year term
expiring December 31, 2005. (ADOPTED, 7-0; A-81857)
7) 02R-294 Reappointing Nicole Simon to the Lincoln-Lancaster Women's
Commission for a two-year term expiring January 1, 2005.
(ADOPTED, 7-0; A-81858)
8) 02R-296 Reappointing Glenn Friendt to the District Energy Corporation for
a two-year term expiring December 31, 2004. (ADOPTED, 7-0; A-81859)
9) 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. (AMENDED, 7-0; ADOPTED, 7-0;
A-81860)
10) 02R-297 Assessing the costs incurred for cutting weeds against the various
benefitted properties for the period of January 1 through
December 31, 2002. (ADOPTED, 7-0; A-81861)
10a) Application of Nebraska Agri-Business Association at 1111 Lincoln
Mall, Suite 308, to conduct a raffle within the City of Lincoln
from December 18, 2002 through January 30, 2003. (ADOPTED, 7-0;
A-81862)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
11) Informal Petitions for Alley Paving between 48th & 49th Streets and
between Lowell and Merideth Streets submitted by Kent Knudsen,
Vice President of daVinci's and Lynn Fisher, owner of Great Place
Properties and Glenn Yurth owner of Dairy Queen. (REFERRED TO PUBLIC
WORKS DEPT.)
12) Petition to Vacate Public Way the West "N" Street from Coddington
Avenue to its termination approximately 300' to the west submitted
west submitted by Dennis. G. & Mary Jane Bade. (REFERRED TO LAW
DEPT.)
13) MISCELLANEOUS REFERRALS
Investment of Funds for December 2 thru December 6, 2002.
(ADOPTED, 7-0; A-81863)
Report from UNL Microbiologist for water testing for the month
of November 2002. (PLACED ON FILE)
Clerk's Letter and Mayor's Approval of Ordinances & Resolutions
passed by Council on December 9, 2002. (PLACED ON FILE)
Setting the Hearing Date of Monday, January 13, 2003 at 1:30 p.m.
for App. of Double Eagle Beverage LLC dba "Double Eagle Beverage"
for a Wholesale Beer License located at 5840 North 70 Street.
(ADOPTED, 7-0; A-81864)
REPORTS OF CITY OFFICERS
14) Clerk's Letter and Mayors Approval of Ordinances and Resolutions
passed by Council on December 2, 2002. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEM 15 HAD 1ST READING)
15) 02-188 Repealing Ordinance No. 17924 which created Paving District No.
2622 in N. 67th Street between Y and X Streets. Fact Sheet (6K)
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
16) 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)
M.T.A #1 (9K), M.T.A #2 (4K), M.T.A #3 (K), M.T.A #4 (4K)
M.T.A #5 (4K), M.T.A #6 (4K), M.T.A #7 (5K), M.T.A #8 (4K)
M.T.A #9 (4K), M.T.A #10 (6K), M.T.A #11 (5K), M.T.A #12 (4K)
M.T.A #13 (4K), M.T.A #14 (4K), M.T.A #15 (4K), M.T.A #16 (3K)
M.T.A #17 (4K), M.T.A #18 (3K), M.T.A #19 (7K), M.T.A #20 (6K)
M.T.A #21 (4K) (ACTION DELAYED TO 1/13/03, 7-0)
17) 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)
(ACTON DELAYED TO 1/13/03, 7-0)
18) 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 to determine 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)
M.T.A #1 (4K), M.T.A #2 (4K), M.T.A #3 (4K), M.T.A #4 (6K)
(ACTION DELAYED TO 1/13/03, 7-0)
19) 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 andemployment services under the Workforce Investment
Act. Fact Sheet (140K), Attachment (142K)
(PASSED, 7-0; #18111)
PENDING LIST - DATE CERTAIN (EXTENDED THREE WEEKS)
20) 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) (12/9/02 - To have action 1/6/03)
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) Fact Sheet (725K)
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) Fact Sheet (748K)
PENDING LIST (EXTENDED THREE WEEKS )
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) 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)
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 -Placed on Pending until policy recommend-
ation from Urban Development) Fact Sheet (699K)
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 - 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) Fact Sheet (1.1M)
31) 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) Fact Sheet (7K)
32) 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)
33) 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)
34) 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 JANUARY 6, 2003, 1:30 P.M.: (APPROVED, 7-0)
(SEE ITEMS 43 & 44)
35) 02R-298 Appointing Sam J. Beutler and Colby R. Collura to the Parks and
Recreation Advisory Board for one-year tearm expiring June 30, 2003.
36) 02R-303 Reappointing Karen Kilgarin and Kim Todd to the Nebraska Capitol
Environs Commission for three-year terms expiring January 9, 2006.
37) 02R-304 Reappointing Jim Langtry, Maura Kelly-Tolzin, and Shannon Ideus to
the Government Access and Information Committee for one-year terms
expiring January 1, 2004, and reappointing James Lamphere for a
two-year term expiring January 1, 2005.
38) 02R-308 Approving the appointment of Ron Melbye to the Lincoln Electric
System Advisory Board for a three-year term to expire December 31,
2005. Fact Sheet(31K)
39) 02R-299 Use Permit No. 140A - Application of Menard, Inc. to modify the
parking layout and add an outdoor garden sales area, and to waive
the required parking spaces from 877 stalls to 729 stalls, on
property generally located at 91st Street and Highway 2.
Fact Sheet (577K)
40) 02R-300 Adopting Minimum Standards Required of Animal Rescue Organizations
and Foster Homes required by the adoption of Section 6.04.235 of
the Lincoln Municipal Code relating to Animal Rescue Organizations.
41) 02R-301 Ordering Water District No. 1189 constructed in N.W. 23rd Street,
West Q to West O Streets. Fact Sheet (5K)
42) 02R-302 Ordering Sewer District No. 1178 constructed in N.W. 23rd Street,
West Q to West O Streets. Fact Sheet (5K)
43) 02R-305 Approving the termination of an Interlocal Agreement between the
City and County which created the Childcare Advisory Committee.
Fact Sheet(139K), Fact Sheet(92K) (PLACED ON PENDING NO
DATE CERTAIN, 7-0)
44) 02R-307 Approving applications of the Parks and Recreation Department for
two T-21 grant applications for Federal Transportation funds for
pedestrian underpasses along the future Antelope Creek Trail
under South 84th Street and Old Cheney Road. Fact Sheet(146K)
(WITHDRAWN, 7-0; #38-4429)
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 oftopics.
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 (12/31/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (1/6/03).
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 6:42 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