ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 25, 2002, AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 1 THRU 8 HAD 2ND READING; SEE ITEMS 2 & 4)
1) 02-29 Creating Ornamental Lighting District No. 285 in
Lakeside Drive from approximately Surfside Drive to West S
Street. Fact Sheet (26K)
2) 02-30 Creating Sewer District No. 1177 in Old Cheney Road from
approximately 62nd Street east to approximately Pheasant Run
Lane. Fact Sheet (25K)
(PUBLIC HEARING CONT'D & TO HAVE 3RD READING ON 4/8/02, 7-0)
3) 02-32 Creating the University Place Business Improvement District
along N. 48th Street from Colby Street on the south to the
half-block north of Adams Street on the north; and
along St. Paul Ave. from N. 47th Street to N. 50th Street.
4) 02-33 Amending Section 10.48.110 of the Lincoln Municipal Code
relating to bicycles to require lights on the front and rear
of bicycles operated on the streets of Lincoln between
one-half hour after sunset and one-half hour before sunrise.
Motion to Amendment
(PLACED ON PENDING, 7-0)
5) 02-34 Amending Section 26.11.039 of the Lincoln Municipal Code
to provide an additional method to guarantee installation of
improvements within a final plat. Fact Sheet (14K)
6) 02-35 Change of Zone 3350 - Amending Title 27 of the Lincoln
Municipal Code (the Zoning Ordinance) regarding the storage
of vehicles for sale and resale in the H-2 Highway Business
District and H-3 Highway Commercial District as a permitted
conditional use; and to delete the storage of vehicles for
sale and resale on any portion of a lot where parking is
permitted as a special permitted use in the B-3 Commercial
District, H-2Highway Business District, H-3 Highway
Business District and I-2 Industrial District.
Fact Sheet (661K) Attachment (601K), Attachment (677K)
7) 02-36 Change of Zone 3297 - Application of Ridge Development
Company for a change of zone from R-4 Residential, B-2
Planned Neighborhood Business and O-3 Office Park to R-3
Residential District on property generally located between
S. 27th Street and S. 40th Street, north of Yankee Hill Road.
(In connection w/02-37, 02R-12, 02R-56, 02R-57)
Fact Sheet (1M)
8) 02-37 Change of Zone 3298 - Application of Ridge
Development Company for a change of zone from
R-3 Residential to R-4 Residential, B-2
Planned Neighborhood Business and O-3 Office
Park, on property generally located between
S. 27th Street and S. 40th Street, north of
Yankee Hill Road. (In connection w/02-36,
02R-12, 02R-56, 02R-57)
PUBLIC HEARING
ORDINANCES - 3RD READING
9) 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)
Fact Sheet (699K)
(ACTION DELAYED 2 WEEKS TO 4/8/02, 4-3; FRIENDT, MCROY,
SVOBODA DISSENTING)
PUBLIC HEARING - RESOLUTIONS
10) 02R-49 Ordering Water Dist. 1186 constructed in
Marlborough Rd. from the existing hydrant south
approx. 700' within Stevens Ridge Estates.
Fact Sheet (24K)
(ADOPTED, 7-0; A-81407)
11) 02R-50 Approving an Agrmt. between the City & the
Nebraska Dept. of Roads to reconstruct Old Cheney
Rd. to a four-lane Urban Roadway from Nebraska
Highway 2 to 70th St. (Project No. STPAA-5202(7)).
Fact Sheet (26K), Agreement (324K), Map (273K)
(ADOPTED, 7-0; A-81408)
12) 02R-51 Approving an Agrmt. between the City & Marsh Inc.
for a health insurance request for proposal to
include preparation, specifications, interviews,
analysis, & evaluation, for the time period of
March 2002 through December 31, 2002.
(ADOPTED, 7-0; A-81409)
13) 02R-52 Approving a revised schedule for sewer fees &
service charges for the Lincoln Wastewater System.
Substitution Resolution (8K) Fact Sheet (25K)
(SUBSTITUTE RESO. ACCEPTED, 7-0; ADOPTED, 7-0; A-81411)
14) 02R-53 Approving a revised schedule for water fees &
service charges for the Lincoln Water System.
Substitution Resolution (8K) Fact Sheet (26K)
(SUBSTITUTE RESO. ACCEPTED, 7-0; ADOPTED, 7-0;A-81410)
15) 02R-55 Approving a waiver of design standards for the
paving & storm sewer box in Seward Ave., a 60'
turnaround in N. 67th St., & sidewalks & street
trees within the Simonds Subdivision
Administrative Final Plat generally located at
67th St. & Seward Ave. Fact Sheet (711K)
(ADOPTED, 7-0; A-81412)
16) 02R-12 Approving the Pine Lake Heights South Agrmt. for
the Installation of Off-Site Transportation
Improvements between the City & Ridge Development
& Southview Inc. for the design, construction, &
allocation of costs relating to the street
improvements of Use Permit 134 & Preliminary Plat
No. 00029 on property generally located between
27th St. & S. 40th St., north of Yankee Hill
Rd. (In connection w/02-36, 02-37, 02R-56,
02R-57) Fact Sheet (26K)
(In connection w/02-36, 02-37, 02R-56, 02R-57)
(ACTION DELAYED 1 WEEK TO 4/1/02, 7-0)
17) 02R-56 Accepting & approving the Pre. Plat of Pine Lake
Heights South 4th Add. for 204 lots & 12 outlots,
with waivers of the required curb & gutters along
S. 27th St., S. 40th St., & Yankee Hill Rd.; the
depth of sanitary sewer; transfer of sewage from
one district to another; double frontage lots;
block length; & pedestrian easement; on property
generally located between S. 27th St. & S. 40th
St., north of Yankee Hill Rd. (In connection
w/02-36, 02-37, 02R-12, 02R-56, 02R-57)
Fact Sheet (909K)
(ACTION DELAYED 1 WEEK TO 4/1/02, 7-0)
18) 02R-57 Use Permit 134 - App. of Ridge Development Co. to
develop 316,450 sq. ft. of office & commercial
space, with a waiver of the setback between the B-
2 & O-3 Dists., on property generally between S.
27th St. & S. 40th St., north of Yankee Hill
Rd. (In connection w/02-36, 02-37, 02R-12,
02R-56, 02R-57) Fact Sheet (850K)
(ACTION DELAYED 1 WEEK TO 4/1/02, 7-0)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
19) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone No. 3359 - App. of Pinnacle Bank to
change from O-2 to O-3 at 1710, 1730 and
1776 South 70th Street (Northeast corner
of 70th & Lincolnshire Road).
Change of Zone No. 3360 - App. of Herbert Jr. &
Katie Reese from B-6 to O-2 at 4903 Lowell
Avenue.
Change of Zone No. 3361 - App. of Hartland Homes
Inc. from AGR to R-3 at S.W. 27th
St. & W. South St.
Pre-existing Use Permit #9S - App. of Douglas
Theatre Co. to increase the number of seats
in Edgewood 3 Theaters from 832 seats to 1288
seats at 56th & Highway 2.
Combined Special Permit/Use Permit No. 19 - App.
of Pinnacle Bank to operate an O-3 Office Park
under Chapter 27.27 of the LMC at 1710, 1730
& 1776 S. 70th St.
Special Permit No. 1774-A - App. of Lyle L. Loth
to amend the rear yard setback on Lot 4
from 15 feet to 5 feet at Old Cheney Road &
South 7th St.
Special Permit No. 1951 - App. of Hartland Homes
Inc to develop a community unit plan as per
Chapter 27.65 at S.W. 27th St. &
South St.
Special Permit No. 1952 - App. of Kent Seacrest,
Seacrest & Kalkowski, to develop single
family lots & possible church at S.
70th & Old Cheney.
Special Permit No. 1961 - App. of Chris Hansen to
be able to temporarily store machinery,
equipment & materials for use by Fence
Company in accordance w/27.07.040 at Yankee
Hill Rd. & Coral Dr.
Special Permit No. 1962 - App. of MMG Properties
of a Convenience Store at 1120 South
Coddington.
Special Permit No. 1963 - App. of Salem Oil Co. to
obtain off-sale beer license at 3100 NW
12th Street.
Special Permit No. 1964 - App. of Richard K.
Bollerup for Nova Sports to conduct a private
dance/gymnastic school pursuant to L.M.C.
Sec. 27.63.075 at 4001 S. 8th Street.
20) App. of Sesostris Shrine, 1717 Yolande Ave. to
conduct a raffle within the City of Lincoln from
April 1 to June 30, 2002. (Need motion to set
hearing date of 4/1/02 at 1:30 p.m.)
(APPROVED, 7-0)
21) MISCELLANEOUS REFERRALS
Informal Petition to create an assessment district
for street paving & public water service along SW
35th St. from West O Street extending south submitted
by NDS, Inc., Jeff Mellen & Larry Coffey. (REFERRED
TO PUBLIC WORKS)
THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Special Permit No. Pre-Existing SP23E - App. of
Nebraska Wesleyan University to allow for the
future construction of Student Housing, a
Campus Center/Library Complex & a new Control
Utility Plant at North 50th & Huntington St.
Clerk's Letter & Mayor's Approval of Resolutions &
Ordinances passed on March 18, 2002. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
22) Investment of Funds for March 11, 2002 through
March 15, 2002. Feb. Cash Report, Feb. Collateral
(ADOPTED, 7-0; A-81413)
23) Report from City Treasurer of Telecomm. Occ. Tax
for the month of Oct. - Dec., 2001: Zenex Long
Distance; February, 2002: Primus, Teligent, Global
Crossing, Working Assets, Qwest, Broadwing, AT&T
Comm. of Midwest, Cellular One, Operator Comm.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 24 & 25 HAD 1ST READING; SEE ITEM 25)
24) 02-38 Vacating the Ashbrook Dr. cul-de-sac to allow
for continuation of the street south in
conjunction with the plat for Parker's
Landing Addition, generally located ½
mile east of S. 70th St. & ½ mile south
of Old Cheney. Fact Sheet (787K)
25) 02-39 Establishing a retirement incentive program
for City employees who meet certain age &
service criteria. (In connection w/02R-63)
(Request 2nd & 3rd Reading w/Emergency Clause on 4/1/02)
(PUBLIC HEARING DELAYED TO 4/15/02, 6-1; WERNER DISSENTING)
Fact Sheet (53K)
ORDINANCES - 3RD READING (See Public Hearing - Ordinances - 3RD READING
PENDING LIST (EXTENDED 1 WEEK; SEE ITEMS 30, 31, 32, 40 & 42)
26) 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)
27) 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)
28) 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)
29) 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. Con't.)
Fact Sheet (997K), Photo's (618K),
Photo's (664K), Drawings (2.2M), Photo's (1.4M)
30) 01-75 Amending Section 17.10.080 of the Lincoln
Municipal Code to allow individual meters in
a multi-dwelling complex. (5/7/01 - Pending
8-10 weeks & to form committee)
(INDEFINITELY POSTPONED, 7-0; #38-4397)
31) 01R-100 Authorizing the City to charge individually metered
multi-dwelling units for water use charges. (In
connection w/01-75, 01R-101) (4/30/01 - Action delayed
to 5/7/01) (5/7/01 - Pending 8-10 weeks & to form committee)
(INDEFINITELY POSTPONED, 7-0; #38-4398)
32) 01R-101 Authorizing the City to charge individually
metered multi-dwelling units for sanitary use
charges. (In connection w/01-75, 01R-100) (4/30/01
- Action delayed to 5/7/01) (5/7/01 - Pending 8-10
weeks & to form committee)
(INDEFINITELY POSTPONED, 7-0; #38-4399)
33) 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)
34) 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)
35) 01-151 Creating Water District 1183 in N.W. 27th Street
from approximately West O Street north to the
Interstate bridge and assessing a portion of the
cost thereof against the benefitted property.
(11/19/01 - Reconsidered and placed on
pending) Fact Sheet (27K), Attachment (74K)
36) 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)
37) 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)
38) 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)
39) 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)
40) Exhibit Manager application of Tricia Rodriquez for CEC
Entertainment, Inc. dba "Chuck E. Cheese's" at 221
N. 66th Street. (3/11/02 - Placed on
pending for 3 weeks to 4/1/02) (REMOVED FROM
PENDING FOR ACTION ON 4/1/02, 7-0)
41) not Manager application of Jason E. Hoffman for Prensa
available Latina Inc. dba "El Puente" at 815 O Street.
(3/18/02 - Placed on Pending w/Public Hearing
cont'd. until 4/8/02)
42) Accepting the report of new & pending claims
against the City & approving disposition of claims
set forth therein for the period of February 16 -
28, 2002. (3/18/02 - Action on claims of
William Labrum & Heidi Burklund delayed for 2
weeks to 4/1/02) (REMOVED FROM PENDING FOR PUBLIC
HEARING & ACTION ON 4/1/02, 7-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON APRIL 1,2002: (APPROVED, 7-0; SEE ITEM 48)
43) 02R-58 Amending the Joint Funding Agreement for Bank
Filtration Project between the City of Lincoln &
the United States Geological Survey to amend the
project & adjust the funding contributions of the
parties. Fact Sheet (26K)
44) 02R-59 Approving an Agreement between the City & the
Nebraska Department of Roads for Railroad Crossing
Removal & Reconstruction in 4th St. between J St.
& Saltillo Rd. Fact Sheet (25K)
45) 02R-60 Special Permit 1833A - App. of M & S Construction
to amend the Ashley Heights Community Unit Plan to
add two dwelling units, revise the grading plan,
relocate the park, & reconfigure a portion of the
lots on property generally located at N.W. 48th
St. & W. Huntington Ave. Fact Sheet (966K)
46) 02R-61 Special Permit 1423E - App. of HiMark Development
& D & M Development to amend the HiMark Estates
Community Unit Plan to adjust the side & rear yard
setbacks on one lot on Merion Circle generally
located near 98th & Old Cheney Rd. Fact Sheet (782K)
47) 02R-62 Accepting the report of new & pending claims
against the City & approving disposition of claims
set forth therein for the period of March 1 - 15, 2002.
Fact Sheet (5K), Exhibit A (32K)
48) 02R-63 Approving a transfer of appropriations
from existing reappropriations 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)
(PUBLIC HEARING DELAYED TO 4/15/02, 6-1; WERNER DISSENTING)
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 (3/27/02) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/1/02).
Michael Phipps, re: Court Case of Kane vs. Officer Rose. (CAME
BEFORE COUNCIL, BUT NOT ALLOWED TO SPEAK ON THE CASE WHICH IS IN
THE FEDERAL COURTS)
Dennis Lorance re: Handicap Parking Metered Spaces. (DID NOT APPEAR
BEFORE COUNCIL)
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 10:17 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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