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AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, DECEMBER 1, 2003 AT 1:30 P.M.
THE COUNCIL MEETINGS OF DECEMBER 8 & 15, 2003WILL BEGIN AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETINGS THE WEEKS OF DEC. 22 AND 29, 2003
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager Application of Patricia Pike for Buggy
Bath West dba Buggy Bath Car Wash West at 1502 W.
O St.
2) Manager Application of Todd M. Kerns for Outback
Steakhouse FL, Inc. dba Outback Steakhouse at 633
N. 48th St.
3) Manager Application of Patrick R. Leapley for GMRI
Inc. dba Red Lobster Restaurant #0236 at 6540 O
St.
PUBLIC HEARING
ORDINANCES - 2ND READING
4) 03-180 Approving a five year lease agreement between B &
J Partnership Ltd. & the City dba Lincoln Fire &
Rescue for the lease of warehouse space at 2600
Park Blvd. (11/17/03 - Public Hearing Cont'd to
12/1/03)
Fact Sheet (66K)
Attachment (511K)
5) 03-183 Change of Zone No. 3399 - amending Ordinance No.
18113 relating to impact fees by amending Section
6 adding a new section 27.82.060 (Exemption from
Impact Fees) to the Lincoln Municipal Code by
amending Section 27.82.060 to clarify that valid
building permit applications submitted prior to
June 2, 2003 are exempt from impact fees, to
provide when a building permit application shall
be deemed complete, to clarify that amendments,
modifications or other changes to an approved
development which is categorically exempt will be
subject to the imposition of impact fees in
accordance with the provisions of Section
27.82.050, to delete Table 27.82.060(b), to delete
references to approvals qualifying for category
exemptions, to clarify when a claim of exemption
for Low Income Owner-Occupied Housing and Low
Income Rental Housing must be made, and when said
claims become valid; by amending Section 7 adding
a new section numbered 27.82.070 (Impact Fee
Funds) to the Lincoln Municipal Code amending
Section 27.82.070 to clarify that no more than 2%
of the impact fees collected may be used to
compensate the City for administrative expenses
including refunds; by amending Section 8 adding a
new section numbered 27.82.080 (Refunds of Impact
Fees Paid) to the Lincoln Municipal Code by
amending Section 27.82.080 to provide for a refund
of impact fees previously paid when the
development subsequently qualifies for an Owner-
Occupied Low Income Housing Exemption; by amending
Section 11 adding a new section numbered 27.82.110
(Miscellaneous Provisions) to the Lincoln
Municipal Code by amending Section 27.82.110 to
eliminate reference to administrative costs, to
modify provisions regarding reducing impact fees
to allow a subsidy based upon meeting established
economic criteria, to modify provisions regarding
adjustments for inflation, and to reletter the
various subsections; by amending Section 16
adopting and incorporating the Downtown/Antelope
Valley Exclusion Area Map, the Water Distribution
Impact Fee Benefit Areas Map, the Arterial Street
Impact Fee Benefit Areas Map, and the Neighborhood
Park and Trail Impact Fee Benefit Areas Map into
Ordinance No. 18113 to provide that those maps be
codified in the Lincoln Municipal Code as
Appendixes 1 through 4 to Chapter 27.82; by
amending Section 17 adopting and incorporating the
Impact Fee Study prepared by Duncan Associates
into Ordinance No. 18113 by amending Table 4,
Arterial Street Cost Per Mile, to exclude
sidewalks, water and wastewater line adjustments
and to reduce the number of units for full
intersection traffic signals from 3.5 to 1.5 units
per mile in determining the total cost per mile
for a four-lane arterial and by deleting the
second paragraph of text on page 12 of the Study
and to provide that one copy of the Impact Fee Study
be filed in the office of the City Clerk for use and
examination by the public; by amending Section 20 to
provide that Ordinance No. 18113 shall be in full force
and effect as of June 2, 2003 after its passage
and posting on the official bulletin board of the
City in lieu of newspaper publication.
Fact Sheet (776K)
PUBLIC HEARING - RESOLUTIONS
6) 03R-314 Approving an Annexation Agreement between the City
of Lincoln & the State of Nebraska Department of
Administrative Services outlining certain
conditions & understandings with regards to the
annexation of the Lincoln Regional Center property
generally located at the intersection of W. Van
Dorn & S. Folsom St. (In connection w/03-
156) (11/17/03 - Public Hearing Cont'd. to
12/1/03)
Attachment (64K)
7) 03R-330 Approving an Agreement between the City & the
Nebraska Department of Roads for the Bridge
Replacement Funds to replace the Harris Overpass
on O St. between 3rd & 9th Sts. (Proj. #BR-
5266(1)) & for eligibility of Federal Funds.
Fact Sheet (60K)
8) 03R-331 Accepting the report of new & pending claims
against the city & approving disposition of claims
set forth therein for the period of Nov. 1 to 15,
2003.
Fact Sheet (14K)
Attachment (27K)
9) Setting the Interest Rate of 6.25% & Levying the
Assessments on Special Assessment Group II of the
Board of Equalization Hearing of Nov. 24, 2003;
and, Accepting the Report of Board of Equalization
to the City Council on Special Assessment Group
II.
RECONSIDERATION WITH PUBLIC HEARING: 12/01/03
10) 03R-298 Approving a Conservation Easement Agreement
between Doug Schmidt Construction, Inc. & the City
over Lot 1, except the south 7.0 ft. thereof,
Fairway Addition, to preserve the tree masses,
drainage way & floodplain within the easement
area. (10/27/03 - Lost, 1-5; Svoboda Assenting;
Camp Absent, #38-4455) (11/03/03 - Reconsidered
to Have Public Hearing & Action on 12/1/03,
7-0.)
Fact Sheet (38K)
Attachment (180K)
11) 03R-302 Special Permit 2029 - App. of Doug Schmidt &
Michael Thomalla to develop S.W. 1st
Street Apartments Community Unit Plan for 30
dwelling units on property generally located at W.
A St. & S.W. 1st Sts. (10/27/03 -
Lost, 1-5; Svoboda Assenting; Camp Absent;
#38-4456) (11/03/03 - Reconsidered to Have Public
Hearing & Action on 12/1/03, 7-0.)
Fact Sheet (807K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
12) Setting the Hearing Date of Monday, Dec. 15,
2003 at 1:30 p.m. for the App. of Cory
Fletcher dba Mahoney Golf Course for an
addition to premise to add entire 18-hole
golf course and buildings at 7900 Adams Street.
13) Setting the Hearing date of Monday, Dec. 15, 2003
at 1:30 p.m. for the App. of Denis M. Vontz dba
Highlands Golf Course for an addition to premise
to add the entire 18-hole golf course and
buildings at 5501 N.W. 12th Street.
14) Setting the Hearing date of Monday, Dec. 15, 2003
at 1:30 p.m. for the App. of Timothy L. Rowland
dba Pioneers Golf Course an addition to premise to
add the entire 18-hole golf course and buildings
at 3403 W. Van Dorn Street.
15) Setting the Hearing date of Monday, Dec. 15, 2003
at 1:30 p.m. for the App. of John Craw dba
Crawdad's Inc. an addition to premise to add the
entire 18-hole golf course and buildings at 3701
S. 70th Street.
16) The following are to be referred to the Planning
Department:
Change of Zone 3424 - App. of Everett Neighborhood
Assn. for a change from Various R-4, R-5,&
R-6 to R-2 at an area bordered by 9th,13th,
Plum and Washington Streets.
Change of Zone 3431 - App. of Brian D. Carstens
for a text amendment change to Section
27.29.020 of the LMC to allow medical testing
laboratories.
Special Permit 2031 - App. of Pearle F. Finigan
for waivers of ornamental lighting, sidewalks,
street trees, landscape screens & stormwater
detention at 84th and Waverly Road.
Special Permit 2041 - App. of Champion Window
Company of Omaha for a glassed-in patio
room at 2000 Lake Street.
Special Permit 2043 - Papke's Inc. for a liquor
license at 6112 Havelock Avenue.
Special Permit 2044 - App. of Olsson Associates
for a six-plex theater at approximately
27th & Folkways Blvd.
17) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
18) Investment of Funds for the week of November 10
thru November 21, 2003.
19) Setting the hearing date of Monday, Dec. 15, 2003
at 1:30 p.m. for the assessment of weed removal
costs incurred for the period of Jan. 1 through
Dec. 31, 2003.
20) Report from City Treasurer of franchise fees
collected from Aquila for the month of October,
2003. (Placed on file)
21) Financial Report of LES for the Third Quarter
2003. (Placed on file)
22) Report from City Treasurer of Telecomm. Occ. Tax
for the month of Oct. 2003: Affinity, Assoc. Adm.,
Comdata Telecomm., Globalcom, Zone Telecom.,
Nextel West, NOSVA Ltd., Excel, Telco Dev.,
WorldXchange, GTC, Telecorp Comm., Network Billing
Systems, LDMI Telecomm., Tri-M, Lightyear, NOS
Comm., ATT Wireless PCS LLC, Cellular One.
(Placed on file)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING
23) 03-184 Accepting and approving the "Amendment to
Cornhusker Square Redevelopment Project Phase Two
Agreement - Burnham Yates Conference Center"
between the City of Lincoln, Cornhusker Square
Land Company, and David H. Murdock; and accepting
and approving the "Amendment to First Amended and
Restated Lease and Operating Agreement - Burnham
Yates Conference Center" between the City of
Lincoln and Cornhusker Square Limited Partnership.
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
24) 03R-323c Accepting the report of new and pending
claims against the City & approving
disposition of claims set forth therein for
the period of Oct. 16 to 31, 2003.
(11/24/03 - Action on Claim of Gary Bargar
delayed 1 week to 12/1/03)
Fact Sheet (14K)
Attachment (28K)
25) 03-156 Amending the Lincoln Corporate Limits Map by
annexing approx. 468.49 acres of property
generally located at W. Van Dorn St. & S. Folsom
St. (In connection w/03R-314) (11/17/03-
Action Delayed to 12/1/03)
Fact Sheet (1.6M)
26) 03-84 Change of Zone 3401 - App. of Urban
Development for a change from R-6 Residential
to B-3 Commercial District on property
generally located at N. 27th & P Sts. (In
connection w/03R-326)
Fact Sheet (592K)
27) 03R-326 Approving a redevelopment agreement with
CenterPointe Inc. for amendments to the North 27th
Street Corridor & Environs Redevelop-ment Plan to
develop the property on P St. between 26th & 27th
St. for a 15,000 sq. ft. residential treatment
center with 20 beds & administrative offices.
(In connection w/03-84) (11/24/03 -
Action delayed for 1 week to 12/1/03)
Fact Sheet (48K)
Attachment (1.2M)
28) 03-178 Renaming Ogden Rd. generally located northeast off
of Superior St. at N. 1st St. & Superior St., as
Campers Circle.
Fact Sheet (159K)
29) 03-179 Change of Zone 2751A - Amending the Van Dorn Acres
Planned Unit Development for 210 residential units
& 33,000 sq. ft. of commercial floor area for uses
allowed in the B-1 Local Business District,
including the on & off sale of alcohol in portions
of buildings 9 & 10 that are within 100' of a
residential district, provided the on-sale alcohol
is limited to businesses which derive more than
50% of their gross receipts from food sales, &
waivers of the requirements to allow a private
sanitary ejector pump to serve the commercial
area, to eliminate pedestrian easement, to allow
tandem parking in the required parking, & to
exceed the maximum building height for the multi-
family structures, on property generally located
at the southwest corner of 84th & Van Dorn Sts.
Fact Sheet 1 (435K)
Fact Sheet 2 (779K)
30) 03-176S Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation by creating a
new Chapter 8.48 entitled the Lincoln Smokefree
Air Act to set forth the title and purpose of the
Chapter, to set forth general provisions regarding
definitions used in the Chapter, to provide
definitions for employee, employer, guestroom or
suite, health director, indoor area, international
no-smoking symbol, place of employment,
proprietor, public place, smoke shop, smoke or
smoking, respectively, to provide exceptions to
the provisions of the chapter; to restrict persons
under eighteen years of age; to require the
posting of "no smoking" signs, to provide for the
enforcement of the provisions of the chapter, to
provide penalties for violations of the chapter,
to provide for severability of the chapter, and
providing that this ordinance shall become
effective six months after City Council approval.
(11/24/03 - Action delayed 1 week to 12/1/03)
(Description/"Blurb" modified to reflect Motions to
Amend Adopted at 11/24/03 Council Meeting)
PENDING LIST - DATE CERTAIN
31) 03-130 Amending the Lincoln Corporate Limits Map by
annexing approximately 186.7 acres of property
generally located east of South 84th
Street between Old Cheney Road and Pine Lake Road.
(8/25/03 - Public Hearing Con't. To
1/12/04)
Fact Sheet (974K)
Attachment (31K)
PENDING LIST
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) Appeal Denial of Request for Categorical Exemption
from Impact Fees Submitted by Peter Katt on Behalf
of Mary Jo Livingston and Mount Olive Evangelical
Church. (9/15/03 - Approved Hearing Date of
10/6/03 at 1:30 P.m , 7-0. 9/22/03 - Re-set
hearing date to 10/20/03 (Applicant has
requested to place on Pending)
42) 03R-287B Appointing Lynn Sunderman to the Lincoln-Lancaster
County Planning Commission for a six-year term
expiring August 24, 2009. (10/20/03 - Question
Split; Action Delayed to 11/3/03) (11/3/03
- Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 8, 2003 AT 1:30 P.M.:
43) 03R-332 Ordering Paving District 2626 constructed in W.
South St., S.W. 23rd St. to S.W. 27th St., & W.
South St. to W. A St.
Fact Sheet (54K)
44) 03R-333 Special Permit 1013J - App. of Dansid, L.L.C. to
allow a driveway to be located in the required
front yard at the T.O. Haas Tire Store on property
generally located at S. 56th St. & Waltz Rd.
Fact Sheet (227K)
45) 03R-334 Special Permit 2002 - App. of Quin-C, Inc. for
authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 4801 Randolph St.
Fact Sheet (590K)
46) 03R-335 Special Permit 2039 - App. of Mesal Enterprises
for authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 5240 S. 48th St.
Fact Sheet (857K)
47) 03R-336 Approving a schedule of maximum fees the City may
charge for ambulance service.
Fact Sheet (75K)
Attachment (11K)
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
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
(12/03/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING (12/08/03).
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
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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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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
http://www.lincoln.ne.gov
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History