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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 11, 2003, AT 5:30 P.M.
NOTE: PUBLIC HEARING FOR THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM &
THE 2003-04 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET &
CAPITAL IMPROVEMENT PROGRAM FY 2003-09 WILL BEGIN AFTER THE
REGULAR CITY COUNCIL AGENDA.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 3RD READING & FINANCE PACKAGE RESOLUTIONS
1) 03-119 Amending Chapter 3.20 of the Lincoln Municipal
Code relating to the Street Improvement Vehicle
Tax to amend the definition of "construction" to
include street designing; to allow funding for design
and right-of-way acquisition; and to increase the fee
schedule for the street improvement vehicle tax.
(Public Hearing to be held on 8/4/03 and
8/11/03) (ACTION DELAYED FOR ONE WEEK TO 8/18/03,
6-1; SVOBODA DISSENTING)
2) 03-120 Amending the Lincoln Municipal Code to create a
new Chapter 3.26 to levy an occupation tax on
retailers of motor vehicle fuel at a rate of 5 cents
per gallon of motor vehicle fuel.(Public hearing
to be held on 8/4/03 and 8/11/03)
Motion to Amend 1 (6K)
Motion to Amend 2 (6K)
(ACTION DELAYED FOR ONE WEEK TO 8/18/03, 6-1;
SVOBODA DISSENTING)
3) 03R-208 Approving a resolution directing the submission of
a proposed general obligation bond issue for
acquisition and construction of improvements to the
City's streets and avenues, including sidewalks and
trails at a Special Election. (Public Hearing to
be held on 8/4/03 and 8/11/03) (ACTION DELAYED FOR ONE
WEEK TO 8/18/03, 6-1; SVOBODA DISSENTING)
4) 03R-209 Approving a new schedule for water use charges and
approving the issuance of additional revenue bonds
for the Capital Improvements Program FY 2003-04.
(Public Hearing to be held on 8/4/03 and 8/11/03)
Fact Sheet (64K)
(ACTION DELAYED FOR ONE WEEK TO 8/18/03, 6-1;
SVOBODA DISSENTING)
5) 03R-210 Approving a new schedule for wastewater use
charges and approving the issuance of additional
revenue bonds for the Capital Improvements Program
FY 2003-04.(Public Hearing to be held on 8/4/03
and 8/11/03)
Fact Sheet (59K)
(ACTION DELAYED FOR ONE WEEK TO 8/18/03, 6-1;
SVOBODA DISSENTING)
6) 03R-211 Approving an increase in the monthly rate for
the 911 Surcharge from 50 cents to $1.00 per line.
(Public Hearing to be held on 8/4/03 and 8/11/03)
Fact Sheet (83K)
Attachment (22K)
(ACTION DELAYED FOR ONE WEEK TO 8/18/03, 6-1;
SVOBODA DISSENTING)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 7 THRU 10 HAD 2ND READING)
7) 03-124 Approving a transfer of unspent and unencumbered
appropriations between capital improvement
projects within the Sanitary Sewer Construction
Fund, Water Construction Fund, Landfill Revenue
Fund, Street Construction Fund, Vehicle Tax Fund,
Storm Sewer Bond Issue Fund, Parking Revenue Fund,
and Parking Lot Revolving Fund with the Public
Works & Utilities Department, and the Golf Fund,
General Fund, and Donations Fund within the Parks
Department.
Fact Sheet (54K)
8) 03-125 Change of Zone 3415 - App. of the Planning
Director to amend Title 27 of the Lincoln
Municipal Code to eliminate a combined use permit
and special permit in the O-3, R-T, B-2, and B-5
zoning districts; to eliminate a pre-application
fee for personal wireless facility applications;
and to increase application fees.
Fact Sheet (207K)
Memorandum (21K)
9) 03-126 App. of the Planning Director to amend Title 26 of
the Lincoln Municipal Code to amend subdivision
process procedures including repeal of
administrative final plats; granting the Planning
Director authority to approve final plats;
clarifying who may appeal Planning Commission
action on a preliminary plat; eliminating City
Council review of preliminary plats; allowing the
Planning Director to approve final plats without a
preliminary plat under certain conditions;
modifying the provisions regarding action on a
final plat; modifying the provisions regarding
filing the final plat with the Register of Deeds;
modifying the provisions regarding survey errors
and corrected plats; modifying the provisions
regarding data required on preliminary plats and
final plats; and to add fees and increase fees for
filing applications under the Land Subdivision
Ordinance.
Fact Sheet (285K)
Memorandum (21K)
10) 03-127 App. of the Planning Director to amend Title 14 of
the Lincoln Municipal Code to amend the procedure
for vacation of public ways and establish a filing
fee.
Fact Sheet (234K)
Memorandum (21K)
PUBLIC HEARING - RESOLUTIONS
11) 03R-213 Approving a multi-year contract with funding from
more than one fiscal CIP budget year for the 14th
St. widening from Old Cheney to 1/4 mile north of
Pine Lake Rd., City Project No. 701306.
Fact Sheet (63K)
(ADOPTED, 7-0; A-82261)
12) 03R-214 Special Permit 2028 - App. of Mettlen, Inc. dba
Jax for authority to sell alcoholic beverage for
consumption on the premises on property generally
located at 2711 S. 48th St.
Fact Sheet (259K)
(ADOPTED, 4-3; CAMP, COOK, WERNER DISSENTING;
A-82262)
13) 03R-215 Authorizing the Planning Department to collect a
fee for amendment requests to the City/County
Comprehensive Plan.
Fact Sheet (13K)
Memorandum (21K)
(ACTION DELAYED FOR ONE WEEK TO 8/18/03, 7-0)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
14) MISCELLANEOUS REFERRALS
Clerk's letter and Mayor's approval of Ordinances &
Resolutions passed by Council on July 28, 2003.
(PLACED ON FILE)
Clerk's letter and Mayor's approval of Ordinances &
Resolutions passed by Council on August 4, 2003.
(PLACED ON FILE)
Lincoln Water & WasteWater Recapitulation of Daily Cash
Receipts for July 2003. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO PLANNING DEPT:
Change of Zone 3416 - App. of Witherbee Neighborhood
Association for a change from R-4 to R-2 to include
properties on the south side of J Street to the north
side of Randolph Street and the west side of 37th
Street to and including the east side of 42nd Street.
Change of Zone 3417 - App. of Brian Carstens for Carlos
Lake, LLC to change from R-2 to RT to develop two
5,000 Sq. Ft. office/medical building & associated
parking at South 55th Street and South Street.
Use Permit 153 - App. of Brian Carstens for Carlos Lake,
LLC to develop two 5,000 sq. ft. office/medical
building & associated parking at South 55th Street
and South Street.
Special Permit 638A - App. of Brian Carstens for Carlos
Lake LLC & Alan & Nancy Lee to add additional parking
for existing building at South 55th Street and
South Street.
Special Permit 1022D - App. of TSP Seven Inc. for the
addition of 12 apartment units to the 180 units
approved at 27th Street and Old Cheney.
Special Permit 2019 - App. of Steve TeSelle dba Foresights,
LLC to construct an Early Childhood Care Facility to
care for 100 children or less with 13 employees at
Randolph Street, east of 40th Street.
Special Permit 2020 - App. of Steve TeSelle dba Foresights
LLC to construct a 36 unit multi-family community
unit plan at the northeast corner of 40th Street
and Randolph Street.
Special Permit 2030 - App. of ESP for a C.U.P. at North
84th Street and Bluff Road.
Formal Petition for Alley Paving District 362-A in the
east/west alley, 48th Street to 49th Street, Lowell
to Meredeth submitted by Michael Jeffrey Vice President
of Jeffrey Company. (REFERRED TO LAW DEPT.)
Formal Petition for Paving District 2626 in the West South
Street, Southwest 23rd Street to Southwest 27th Street and
Southwest 27th Street, West South to West A Street submitted
by Robert L. Benes of Aspen Builders Inc. (REFERRED
TO LAW DEPT.)
REPORTS OF CITY OFFICERS
15) Investment of funds for the week of July 28 through
August 1, 2003. (ADOPTED, 7-0;A-82263)
16) Report of City Treasurer of Telecommunication
Occupation Tax for the month of April - June, 2003:
Accessline, Ehanced Comm., IDT Corp., Winstar;
June, 2003 - Qwest, Touch America, Nebraska Technology
& Telecomm., Cricket, AT&T Comm. Of Midwest, Broadwing,
C III Comm. Working Assets, ACN Comm., Shaffer,
Primus, Bell Atlantic, Netifice, Virgin Mobile USA,
Voicecom, Verizon Select, Global Crossing, TracFone
Wireless, Opex, OnStar, Trans Nati'l., American Farm
Bureau, IBM Global, Comtech 21, GE Business Prod.
Solutions, United Systems Access, Star Number,
Teligent Services, Intelicall Operator Services,
XO Long Distance, T-Netix, Quantum Shift,
Alyon Tech. (PLACED ON FILE)
17) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended June 30, 2003.
(PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 18 & 19 HAD 1ST READING)
18) 03-128 Repealing Ordinance 18016 which created Alley
Paving District 362, being the north/south alley,
between 54th St. to 56th Sts., from Cleveland to
Adams Sts.
Fact Sheet (58K)
19) 03-129 Approving a § 457 Deferred Compensation Plan
to be administered by Nationwide Retirement
Solutions.
Fact Sheet (38K)
Attachment (573K)
ORDINANCES - 3RD READING
20) 03-109 Change of Zone 3407 - App. of Mike Moser for a
change from R-2 Residential District to R-3
Residential District on property generally located
southwest of the intersection of Cherrywood Dr.
and Sycamore Dr. (In connection w/03R-197)
Fact Sheet (887K)
(PASSED, 7-0; #18216)
21) 03R-197 Special Permit 2017 - App. of Mike Moser to
develop Maple Village Community Unit Plan for 36
attached single-family dwelling units and one
single-family unit, with waivers to eliminate the
preliminary plat process; to allow the Director of
Planning to approve administrative final plats in
accordance with the approved community unit plan;
to allow the Director of Planning to approve
administrative final plats that include public
streets and private roadways; to waive the
required rear yard setbacks, front yard setbacks,
average lot width, lot area, centerline curve
radius, and private roadway width, on property
generally located southwest of the intersection of
Cherrywood Dr. and Sycamore Dr. (In connection
w/03-109) (8/4/03 - Action delayed 1 week to
8/11/03)
Fact Sheet (1,125K)
(AMENDED, 7-0; ADOPTED, 7-0; A-82265)
22) 03-110 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to pay
ranges prefixed by the letter N.
Fact Sheet (138K)
(PASSED, 7-0; #18217)
23) 03-111 Adopting pay schedules and schedules of pay ranges
for employees whose
classifications are assigned to pay ranges
prefixed by the letter X.
Fact Sheet (138K)
(PASSED, 7-0; #18218)
24) 03-112 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter B.
Fact Sheet (47K)
(PASSED, 7-0; #18219)
25) 03-113 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 (138K)
(PASSED, 7-0; #18220)
26) 03-114 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter E.
Fact Sheet (47K)
(PASSED, 7-0; #18221)
27) 03-115 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter F.
Fact Sheet (46K)
(PASSED, 7-0; #18222)
28) 03-116 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter M.
Fact Sheet (47K)
(PASSED, 7-0; #18223)
29) 03-117 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned to
pay ranges prefixed by the letter P.
Fact Sheet (138K)
(PASSED, 7-0; #18224)
30) 03-118 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the Personnel System by amending
Section 2.76.153, Compensation, Merit Pay Plan,
Shift Differential; Section 2.76.200 Compensation Plan,
Temporary Assignment in a Higher Classification;
Section 2.76.380 Sick Leave With Pay; and Section
2.76.475, Grievance Procedure, to reflect
negotiated changes and changes applicable to
employees not represented by a bargaining unit.
Fact Sheet (47K)
(PASSED, 7-0; #18225)
31) 03-123 Approving a Sublease Agreement between the City
and the State of Nebraska DAS/State Building Division
on behalf of Vocational Rehabilitation Services,
Department of Education for a sublease of space at
1010 N St. to provide job training and employment
services under the Workforce Investment Act.
(PASSED, 7-0; #18226)
PENDING LIST - DATE CERTAIN
32) 03R-178 Comp. Plan Amendment 03016 - Application of the Planning
Director on behalf of Dwaine Rogge to amend the 2025
Lincoln/Lancaster County Comprehensive Plan to change
a portion of property designated "Environmental Resources"
to "Industrial" between Salt Creek and Arbor Road, west
of North 70th Street (7/14/03 - Pending; Con't P.H.
& Action on 8/18/03)
Fact Sheet (333K)
33) 03-103 Amending Chapter 10.26 of the Lincoln Municipal Code to
reflect the changes to the Transportation Plan of the
Lincoln-Lancaster County Comprehensive Plan.
(7/21/03-Pending;Con't P.H. & Action on 9/8/03)
PENDING LIST (EXTENDED ONE 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.
(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)
37) 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)
38) 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)
39) 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
recommendation from Urban Development)
Fact Sheet (699K)
40) 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)
41) 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)
42) 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)
43) 03-65 Amending Chapter 4.62 of the Lincoln Municipal Code to
establish a Police and Fire Pension Plan Board of
Trustees to provide oversight and direction with regard
to the investment of the assets of the Police and Fire
Pension Plans. (05/05/03 - Placed on Pending)
44) 03R-181 Approving a waiver of subdivision requirements for
the installation of sanitary sewers in 1st Street,
water mains in 1st Street, storm sewers in 1st and
2nd Streets, street paving in 1st and 2nd Streets,
street trees, and sidewalks along 1st and 2nd Streets,
within the People's City Mission Administrative Final
Plat generally located at North 2nd and R Streets.
(7/07/03 - Pending; to have public hearing w/vacation
Ordinance)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, AUGUST 18, 2003 AT 1:30 P.M.: (APPROVED, 7-0)
45) 03R-216 Approving the Administration Agreement between the
City of Lincoln and Nationwide Retirement
Solutions for administration of a § 457
Deferred Compensation Plan.
Fact Sheet (39K)
Attachment (376K)
46) 03R-217 Accepting and approving the preliminary plat of
EDM Business and Industrial Park for 31 lots for
commercial and industrial development on property
generally located south of the intersection of
S.W. 32nd St. and W. O St.
Fact Sheet (568K)
47) 03R-218 Special Permit 421D - App. of Frank and Joan Rall
to amend the Carriage Hill 4th Community Unit Plan
to retain the existing single family dwelling and
to allow the construction of four two-family
structures, with requests to waive sidewalk,
street tree and landscape screening design
standards, on property generally located at 81st
and A Sts.
Fact Sheet (544K)
48) 03R-219 Combined Pre-Existing Use Permit/Special Permit
10A - App. of Flowerview Associates to reduce
setbacks due to the right-of-way acquisition along
O St. and N. 66th St.
Fact Sheet (424K)
49) 03R-220 Pre-Existing Use Permit 3AB - App. of Westfield
Shoppingtown, to amend the sign package on
property generally located at 6100 O St. to
replace and move wall signs, interior directional
signs and perimeter signs.
Fact Sheet (732K)
50) 03R-221 Approving an Interlocal Agreement between the City
and Waverly Public Schools to allow the Health
Department staff to provide nursing consultation
services during the 2003-2004 school year.
Fact Sheet (41K)
Attachment (111K)
51) 03R-222 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
to 31, 2003.
Fact Sheet (14K)
Exhibit (31K)
52) 03R-223 Approving an Interlocal Agreement between the City
and Malcom Public Schools to allow the Health
Department staff to provide nursing consultation
services during the 2003-2004 school year.
Fact Sheet (42K)
Attachment (118K)
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 (8/13/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (8/18/03).
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. - THERE WILL BE NO OPEN MIKE
SESSION AT THE AUG. 11, 2003 MEETING.
ADJOURNMENT 12:55 A.M.
RECONVENE 1:04 A.M.
PUBLIC HEARING
1) ONE & SIX YEAR STREET & HIGHWAY PROGRAM
2) 2003-04 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET &
CAPITAL IMPROVEMENT PROGRAM FY 2003/04 - 2008/09
ADJOURNMENT 2:23 A.M.
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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