ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, APRIL 1, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of John O. Craw dba "Holmes Park Golf Course" to
936K expand its liquor license to add a sidewalk café‚ area
approximately 72' x 42' to the west of its presently licensed
premises at 3701 S. 70th Street. (ADOPTED FOR APPROVAL, 7-0;
A-81414)
2) Exhibit Application of Potamia, Inc. dba "The Parthenon" for a Class "I"
499K liquor license at 5500 S. 56th Street, Suite 100. (ADOPTED
FOR APPROVAL, 7-0; A-81415)
3) see item Manager application of George J. Kazas for Potamia, Inc. dba
above "The Parthenon" at 5500 S. 56th Street, Suite 100.
(ADOPTED FOR APPROVAL, 7-0; A-81416)
4) Exhibit Application of Oglala Enterprises, Inc. dba "Jack's Bar & Grill"
528K for a Class "C" liquor license at 100 N. 8th Street.
(ADOPTED FOR APPROVAL, 6-0, CAMP ABSTAINING DUE TO CONFLICT OF
INTEREST; A-81417)
5) see item Manager application of Jodi L. Maughan for Oglala Enterprises,
above Inc. dba "Jack's Bar & Grill" at 100 N. 8th Street.
(ADOPTED FOR APPROVAL, 6-0, CAMP ABSTAINING DUE TO CONFLICT
OF INTEREST; A-81418)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEM 6 HAD PUBLIC HEARING)
6) 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 1/2 mile east of S. 70th St.
& 1/2 mile south of Old Cheney. Fact Sheet (787K)
PUBLIC HEARING - RESOLUTIONS
7) Application of Sesostris Shrine, 1717 Yolande Ave. to
conduct a raffle within the city of Lincoln from April 1 to
June 30, 2002. (ADOPTED, 7-0; A-81419)
8) 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)
(ADOPTED, 7-0; A-81420)
9) 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) (ADOPTED, 7-0; A-81421)
10) 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, & reconfigured a
portion of the lots on property generally located at N.W. 48th
St. & W. Huntington Ave. Fact Sheet (966K)
(ADOPTED, 7-0; A-81422)
11) 02R-61 Special Permit 1423E - App. of HiMark Development & D & M
Development to amend the HiMark Estates Community Unit Plan to
to adjust the side & rear yard setbacks on one lot on Merion
Circle generally located near 98th & Old Cheney Rd.
Fact Sheet (782K) (ADOPTED, 7-0; A-81423)
12) 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)
(ADOPTED, 7-0; A-81424)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, April 15, 2002 at 1:30 p.m.
for Jason T. Kuhr, dba "Main Street Cafe" for a Class I
liquor license located at 1325 O" Street.
(ADOPTED, 7-0; A-81425)
14) MISCELLANEOUS REFERRALS
Investment of Funds for March 25, 2002 through March
29, 2002. (ADOPTED, 7-0; A-81426)
Clerk's Letter & Mayor's Approval of Resolutions &
Ordinances passed on March 25, 2002. (PLACED ON FILE)
The following items were referred to Planning Dept.:
Special Permit 1970 - App. of Chuck Salem to obtain off
sale beer license for property located at 1234 South
14th Street.
Pre-Existing Special Permit No. 1219K - App. of Craig
M. Ames, COO of BryanLGH Medical Center, to request permission to
construct an addition to the School of Nursing on the
campus of BryanLGH Medical Center East.
REPORTS OF CITY OFFICERS
15) Investment of Funds for March 18, 2002 through March 22, 2002.
(ADOPTED, 7-0; A-81427)
16) Report from City Treasurer of Telecomm. Occ. Tax for the month of
February, 2002: Zone Telecom, Inc., Big Planet, Inc., Long
Distance of Michigan, Inc., Association Administrators, Inc.,
I-Link Communications, Inc., WorldXchange Corp., ATT Wireless
PCS, LLC, ATT Wireless Services, Nextel West Corp., Comdata
Telecommunications Services, Inc., GTC Telecom, Inc., Globalcom,
Inc., RSL COM USA, Inc., Tri-M Communications, Inc., XO Long
Distance Services, Inc., Lightyear Communications, Inc., Nosva
Limited Partnership, POS, Inc., USA Paging LLC, Nextel Partners,
NOS Communications, Inc., Affinity Network, Inc., Telco
Development Group DE Inc., Single Billing Service Inc.,
VarTec Telecom, Inc., Touch American, Inc., Tracfone
Wireless, Excel Communications, Inc., D&D Communications, Inc.,
Western Union Communications, Inc. (PLACED ON FILE)
17) Report of Utilicorp United of franchise tax for
the month of February, 2002. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 18 - 23 HAD 1st READING)
18) 02-41 Approving a contract between the City and the Lincoln Haymarket
Development Corp. to operate and regulate a Saturday public
market in the Haymarket area from May 4, 2002, through
October 26, 2002.
19) 02-42 Change of Zone 3358 - Application of Robert Stephens for a
change of zone from H-4 General Commercial to R-2 Residential
and I-1 Industrial on property generally located north and
east of the intersection of S.W. 6th and West "A" Streets.
Fact Sheet (626K)
20) 02-43 Change of Zone 3351 - Application of Jake Von Busch for a change
of zone from H-4 General Commercial to I-1 Industrial on
property generally located north and east of the intersection
of S.W. 5th Street and West B Street. Fact Sheet (639K)
21) 02-44 Vacating the east-west alley between N. 18th and N. 19th Street
from O to P Streets, in Block 29, Kinney's O Street Addition.
Fact Sheet (687K)
22) 02-45 Amending Section 5.04.100 of the Lincoln Municipal Code to make
the ordinance consistent with Nebraska State statute by
making it illegal for a minor to consume alcoholic liquor.
Fact Sheet (5K)
23) 02-46 Authorizing the issuance of not to exceed $7,500,000 General
not available Obligation Storm Sewer and Drainage System Bonds, Series 2002
on-line (with emergency clause).
ORDINANCES - 3RD READING & RESOLUTIONS - ACTION ONLY
24) 02-29 Creating Ornamental Lighting District No. 285 in Lakeside Drive
from approximately Surfside Drive to West S Street.
Fact Sheet (26K) (PASSED, 7-0; #17976)
25) 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. (PASSED, 7-0; #17977)
26) 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)
(PASSED, 7-0; #17978)
27) 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-2
Highway Business District, H-3 Highway Business District and
I-2 Industrial District. Fact Sheet (661K), Attachment (601K),
Attachment (677K) (MOTION TO AMEND #1, 7-0; MOTION TO AMEND #2,
4-3, CAMP, SENG, SVOBODA DISSENTING; PASSED AS AMENDED, 5-2,
CAMP & SVOBODA DISSENTING; #17979)
28) 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)
(PASSED, 7-0; #17980)
29) 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) (PASSED, 7-0; #17981)
30) 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.,
27th St. & S. 40th St., north of Yankee Hill Rd. (In
connection w/02-36, 02-37, 02R-56, 02R-57) (3/25/02 -
Action delayed to 4/1/02) Fact Sheet (26K)
(ADOPTED, 7-0; A-81428)
31) 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., 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) (3/25/02 - Action delayed to
4/1/02) Fact Sheet (909K) (ADOPTED, 7-0; A-81429)
32) 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 set-
back 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) (Action delayed to 4/1/02)
Fact Sheet (850K)
(Action delayed to 4/1/02) (ADOPTED, 7-0; A-81430)
33) Accepting the report of new & pending claim 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 on 4/1/02)
(MOTION #1 TO RETURN BURKLUND CLAIM TO LAW DEPT., 7-0; MOTION #2
TO CONTINUE PUBLIC HEARING AND ACTION ON LABRUM CLAIM TO
4/8/02, 7-0)
34) Exhibit Manager application of Tricia Rodriquez for CEC Entertainment,
Inc. dba "Chuck E. Cheese's" at 221 N. 66th St. Street (3/11/02
- Placed on pending for 3 weeks to 4/1/02) (3/25/02 -
To have action 4/1/02) (ADOPTED, 7-0; A-81431)
PENDING LIST (EXTENDED ONE WEEK)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 01-150 Creating paving District 2623 in N.W. 27th Street from approxi-
mately 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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 councl
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)
46) not Manager application of Jason E. Hoffman for Prensa Latina Inc.
available dba "El Puente" at 815 O Street. (3/18/02 - Placed on Pending
w/Public Hearing cont'd. until 4/8/02)
47) 02-30 Creating Sewer District No. 1177 in Old Cheney Road from
approximately 62nd Street east to approximately Pheasant Run
Lane. (3/25/02 - P.H. con't w/action 4/8/02)
Fact Sheet (25K)
48) 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. (3/25/02 -
Pending) Motion to Amendment
49) 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) Fact Sheet (699K)
50) 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)
(3/25/02 - P.H. delayed to 4/15/02)
51) 02R-63 Approving a transfer of appropriations from existing reappro-
priations 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 - P.H. delayed to
4/15/02)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON APRIL 8, 2002: (EXTENDED ONE WEEK)
52) 02R-64 Approving the use of public right-of-way by Jabrisco Restaurant
for the installation of an exterior staircase/fire exit from the
basement of the restaurant at 700 P Street.(In connection
w/02-31) Fact Sheet (26K)
53) 02R-65 Approving an Interlocal Agreement between the City and RTSD for
the 3rd and A Street viaduct. Fact Sheet (26K)
54) 02R-67 Approving an Agreement between the City and the State of Nebraska
Department of Roads to construct a concrete pedestrian and
bicycle trail to be known as Mopac West "Husker Link" connecting
the existing MoPac Trail near 30th and Y Streets to the Rock
Island Trail at 18th Street. Fact Sheet (353K)
55) 02R-68 Waiving design standards for the pedestrian way easement on Lot
4, Block 3, Jerrold Heights 4th Addition, generally located
near S. 56th Street and Pine Lake Road. Fact Sheet (684K)
56) 02R-69 Waiving design standards for street trees on S. Coddington Ave.
south of West M Street. Fact Sheet (704K)
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 (4/3/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (4/8/02).
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 3:00 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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