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ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, JANUARY 27, 2003, AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Manager application of Matthew T. Ludwig for Hy Vee Inc. dba "Hy
162K Vee #2" at 2343 N. 48th Street. (ADOPTED FOR APPROVAL, 7-0; A-81906)
2) Exhibit Manager application of Timothy S. Thoreson for DHABS L.L.C. dba
156K "Rococo Theatre" at 140 N. 13th Street.(WITHDRAWN, 7-0; #38-4431)
3) Exhibit Manager application of Jeffrey L. Graff for Brinker Restaurant
307K Corporation dba "Romano's Macaroni Grill" at 6800 S. 27th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81907)
4) Exhibit Manager application of Jeff L. Kephart for Gateway Bowl Corp. dba
160K "Gateway Bowl" at 333 N. Cotner.(ADOPTED FOR APPROVAL, 7-0; A-81908)
5) Exhibit Manager application of Gary D. Ebeler for Nash Finch Co. dba "Sun
191K Mart #25" at 1340 W. O Street. (ADOPTED FOR APPROVAL, 7-0; A-81909)
6) Exhibit Application of Lamp and McTaggart, Inc. dba "Fat Nappy's" for a
434K Class "I" liquor license at 5100 N. 48th Street.(ADOPTED FOR
APPROVAL, 7-0; A-81910)
7) Manager application of Nathan A. Lamp for Lamp and McTaggart, Inc.
dba "Fat Nappy's" at 5100 N. 48th Street. (ADOPTED FOR
APPROVAL, 7-0; A-81911)
8) Exhibit Application of The Dugout, Inc. dba "The Dugout Sports Restaurant"
438K for a Class "C" liquor license at 311 N. 8th Street, Suite 1.
(ADOPTED FOR APPROVAL, 7-0; A-81912)
9) Exhibit Manager application of Jeffrey K. Lewis for The Dugout, Inc. dba
438K "The Dugout Sports Restaurant" at 311 N. 8th Street, Suite 1.
(ADOPTED FOR APPROVAL, 7-0; A-81913)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 10 THROUGH 12 HAD 2ND READING)
10) 03-11 Creating Sidewalk Improvement District No. ____ in various
locations within the City including that area bounded on the
north by Fletcher Avenue, on the east by 84th Street, on the
south by Yankee Hill Road, and on the west by N.W. 27th Street,
and assessing the cost thereof against the benefitted property.
11) 03-14 Authorizing the transfer of unspent and unencumbered appro-
priations within the Public Works & Utilities Department
between certain capital improvements projects within the
Sanitary Sewer Construction Fund, Water Construction Fund,
and Street Construction Fund.
12) 03-15 Amending Ordinance 3060, passed July 29, 1929, which authorized
the use of right-of- way to the University of Nebraska for a
steam tunnel/conduit in 14th Street from R Street to K Street
to allow additional use of space for telecommunications purposes.
13) 03R-17 Special Permit 1990 - Application of Andermatt, L.L.C. to construct
an early childhood care facility for up to 214 children on property
generally located northeast of the intersection of South 91st Street
and Heritage Lakes Drive. (In connection w/03R-18) (1/13/03
- Con't. p.h. & action to 1/27/03) (CONT. PUBLIC HEARING & DELAYED
ACTION FOR TWO WEEKS TO 2/10/03, 7-0)
14) 03R-18 Approving a waiver of design standards requiring that lot lines be
perpendicular to streets on property generally located northeast
of the intersection of South 91st Street and Heritage Lakes Drive.
(In connection w/03R-17)(1/13/03 - Con't p.h. & action to 1/27/03)
(CONT. PUBLIC HEARING & DELAYED ACTION FOR TWO WEEKS TO 2/10/03,
7-0)
15) 03R-19C Accepting the report of new and pending claims against the City and
approving disposition of claims set forth therein for the period
of December 1 - 31, 2002. - (Claim of Jennifer Cowell, P.H. &
action held over from 1/13/03) (ADOPTED, 7-0; A-81914)
16) 03R-20 Approving an Interlocal Agreement between the Board of Regents of
the University of Nebraska and the City to jointly place telecom-
munications assets in the underground steam tunnel/conduit
located in 14th Street from R Street to K Street.
InterLocal Agreement
(In Connection w/03-15) (DELAYED ACTION FOR ONE WEEK TO 2/7/03, 7-0)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
17) Petition to Vacate Public Way all of the east-west alley running
between Block 22, Wrington Addition and Lot 31 I.T. in the S.W.
1/4 of 35-10-6 submitted by Dennis Van Horn.(REFERRED TO LAW DEPT.)
18) THE FOLLOWING WERE REFERRED TO PLANNING DEPT.
Change of Zone 3390 - App. of Hubert H. Hall from AG to R-3 at
N.W. 48th Street & West Holdrege Street.
Special Permit 1995 - App. of Hubert H. Hall to create a single
family development with multi-family dwellings at N.W. 48th
Street & West Holdrege Street.
Special Permit 1998 - App. of Tennis Center, L.L.C. to construct
a recreational facility at southeast corner of the intersection
of 84th and South Street.
19) Informal Petition for alley paving west off South 16th Street
between 2015 South 16th and 2025 South 16th up to the intersecting
north-south alley between 15th & 16th Streets submitted by Houses
of Hope of Nebraska, Inc. (REFERRED TO PUBLIC WORKS DEPT.)
20) MISCELLANEOUS REFERRALS
Investment of Funds for January 13 through 17, 2003.
(ADOPTED, 7-0; A-81915)
Petition to Vacate Public Way all of the east-west alley
running between Block 22, Wrington Addition and Lot 31
I.T. in the S.W. 1/4 of 35-10-6 submitted by Midwest
Pump & Equipment Co., Inc. (REFERRED TO LAW DEPT.)
Report of Lincoln Water & WasteWater System
Recapitulation of Daily Cash Receipts for December 2002.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
21) Clerk's Letter and Mayor's Approval of Ordinances & Resolutions
passed by Council on January 13, 2002. (PLACED ON FILE)
22) Investment of Funds for
January 6 through 10, 2003. (ADOPTED, 7-0; A-81916)
ORDINANCES - 1ST READING (ITEMS 23 THROUGH 29 HAD 1ST READING)
23) 03-16 Vacating the north-south alley from the north line of L Street to
the vacated east-west alley in Block 84, Original Plat of Lincoln,
generally located at 8th and L Streets.b Fact Sheet (175K)
24) 03-17 Declaring approximately 3,225 square feet of the Haymarket Parking
Garage property located at 9th and Q Streets as surplus and
authorizing the sale thereof. Fact Sheet (152K)
25) 03-18 Declaring approximately 18,150 square feet of property generally
located at South 6th and Peach Streets as surplus and authorizing
the sale thereof. Fact Sheet (539K)
26) 03-19 Declaring approximately 9,456 square feet of property generally
located at South 40th and Randolph Streets as surplus property and
authorizing the sale thereof. Fact Sheet (152K)
27) 03-20 Declaring approximately 6.84 acres of property generally located
at 6400 West Bennet Road as surplus property and authorizing the
sale thereof. Fact Sheet (153K)
28) 03-21 Amending the corporate limits of the City by annexing approximately
39.9 acres of property generally located at northwest of the
intersection of South 84th Street and Highway 2. (In connection
w/03-22, 03R-25, 03R-26, 03R-27) Fact Sheet (257K)
29) 03-22 Change of Zone 3373 - Application of Pine Lake Development, L.L.C.
for a change of zone from AGR Agricultural Residential to R-3
Residential and O-3 Office Park on property generally located
northwest of the intersection of South 84th Street and Highway 2.
(In connection w/03-21, 03R-25, 03R-26, 03R-27) Fact Sheet (298K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
30) 03-01 Amending pay schedules of employees whose classifications are
assigned to the pay range prefixed by the letter "A" to create the
job classification of "Public Health Emergency Response Coordinator,"
"Environmental Health Educator," "Environmental Health Educator II,"
"Senior Environmental Health Educator," "Environmental Health
Engineer I," "Environmental Health Engineer II," Senior Environ-
mental Health Engineer," "WIC Supervisor," "Community Health
Services, Assistant Manger," and "Senior Utility Engineering
Specialist"; and amending pay schedules of employees whose
classifications are assigned to the pay range which is prefixed by
the letter "C" to create the job classifications of "Environmental
Health Educator I," and "Animal Control Field Supervisor."
Fact Sheet (50K)
(PASSED, 7-0; #18116)
31) 03-02 Amending pay schedules of employees whose classifications are
assigned to the pay range which is prefixed by the letter "A", "C",
and "M" to change titles and pay ranges of various job classi-
fiations within the Health Department. Fact sheet (49K),
Fact Sheet (49K), Information & Fiscal Service Manager (7K)
(PASSED, 7-0; #18117)
32) 03-04 Amending pay schedules for certain employee groups by deleting the
job classifications of "Graduate Nurse I," "Recreation Supervisor
I," "Recreation Supervisor II," and "Recreation Supervisor III."
Fact Sheet (47K)
(PASSED, 7-0; #18118)
33) 03-05 Amending pay schedules of a certain employee group to change the
title classification of "Public Service Officer - Operations" to
"Public Service Officer." Fact Sheet (46K),
Public Service Officer (6K)
(PASSED, 7-0; #18119)
34) 03-08 Amending the pay schedules of employees whose classification are
assigned to the pay range which is prefixed by the letter "X" to
delete the classifications of "Excluded Office Assistant I," "II,"
"III," "IV," and "V." Fact Sheet (47K)
(PASSED, 7-0; #18120)
35) 03-09 Amending the pay schedules of employees whose classification are
assigned to the pay range which is prefixed by the letter "N" to
delete the classifications of "Office Assistant I," "II," "III,"
"IV," and "V" and "Public Service Officer - Administration."
Fact Sheet (47K)
(PASSED, 7-0; #18121)
36) 03-06 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letter "X." Fact Sheet (47K)
(PASSED, 7-0; #18122)
37) 03-07 Adopting pay schedules and schedules of pay ranges for employees
whose classifications are assigned to pay ranges prefixed by the
letter "N." Fact Sheet (48K)
(PASSED, 7-0; #18123)
38) 03-10 Vacating the east-west alley adjacent to Lots 1 through 5 and part
of Lot 6, and the north-south alley adjacent to Lots 11 through 13
and Lots 24 through 26, all in Halters Subdivision, lying west of
North 14th Street between Aurora Street and Emerson Street
Fact Sheet (205K)
(PASSED, 7-0; #18124)
39) 03-12 Renaming N. 82th Street located within Northen Lights 10th
Addition, north of Elizabeth Drive, to N. 81st Stree.
(PASSED, 7-0; #18125)
40) 03-13 Amending the corporate limits of the City by annexing approximately
50 acres of property generally located at the southwest corner of
North 84th Street and Adams Street. (In connection w/03R-11,
03R-12) Fact Sheet (189K)
(PASSED, 7-0; #18125)
41) 03R-11 Approving an Annexation Agreement between Dorothy C. Matson and Guy
M. Matson, North Forth Golf, Inc., and the City of Lincoln outlining
certain conditions and understandings with regards to the annexation
of approximately 50 acres of property generally located at N. 84th
and Adams Streets. (In connection w/03-13, 03R-12) (1/13/03 -
Delay action to 1/27/03) (ADOPTED, 7-0; A-81917)
42) 03R-12 Waiving design standards requiring street paving, water mains,
sanitary sewer, storm sewer and sidewalks within the North Forty
Golf Addition administrative final plat in property generally
located at the southwest corner of North 84th Street and Adams
Street. (In connection w/03-13, 03R-11) (1/13/03 - Delay
action to 1/27/03) Fact Sheet
(ADOPTED, 7-0; A-81918)
PENDING LIST - DATE CERTAIN
43) 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
for one week to 12/2/02)(12/02/02 - Placed on pending to 1/13/03
w/ continued public hearing) (1/13/03 - Con't. p.h. & action
to 2/10/03) Fact Sheet (725K)
44) 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 1/12/03
w/continued public hearing) (1/13/03 - Con't p.h. & action to
2/10/03) Fact Sheet (748K)
PENDING LIST (EXTENDED ONE WEEK)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 02R-63 Approving a transfer of appropriations from existing re-appro-
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 - Pub. Hearing delayed to 4/15/02)
(4/15/02 - Placed on Pending Indefinitely w/Pub. Hearing when
Bill brought forward)
54) 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)
55) 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)
56) 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)
57) 02R-305 Approving the termination of an Interlocal Agreement between the
City and County which created the Childcare Advisory Committee.
(12/16/02 - Placed on pending, no date certain)
Fact Sheet(139K), Attachment(92K)
(REMOVED FROM PENDING TO HAVE PUBLIC HEARING &
ACTION ON 2/10/03, 7-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON FEBRUARY 3, 2003, 1:30 P.M.: (APPROVED, 7-0)
58) 03R-22 Appointing Patricia A. McManus to the Lincoln Electic System Admini-
strative Board for a three-year term expiring December 31, 2005.
Appointment Application (79K)
59) 03R-23 Appointing Dao T. Tran to the Charter Revision Commission for a
four-year term expiring July 15, 2007. Appointment Application (34K)
60) 03R-24 Authorizing the use of the public right-of-way adjacent to the
property at 311 N. 8th Street for the installation of a public
stairwell. Fact Sheet (25K)
61) 03R-25 Approving an Annexation Agreement between Pine Lake Development
L.L.C., Stanley L. Portsche and Grace A. Portsche, Mid-American
Union Conference Association of Seventh Day Adventists, and the
City of Lincoln outlining certain conditions and understandings
with regards to the annexation of approximately 41 acres of
property generally located west of 84th Street and north of Highway
2.(In connection w/03-21, 03-22, 03R-26, 03R-27) Fact Sheet (10K),
Attachment (25K)
62) 03R-26 Accepting and approving the preliminary plat of Pine Lake Plaza for
nine residential lots, 12 lots for office/commercial and three
outlots, with waivers to the required intersection platforms,
non-radial or perpendicular side lot lines, reconstruction of Pine
Lake Road to urban section, turning lane depth, sewer system running
opposite street grades and deeper than standards, sidewalks, maximum
block length, and pedestrian way easement, on property generally
located northwest of the intersection of South 84th Street and
Highway 2.(In connection w/03-21, 03-22, 03R-26, 03R-27)
Fact Sheet (814K)
63) 03R-27 Use Permit 145 - Application of Pine Lake Development L.L.C. to
develop 192,900 square feet of office and commercial floor space,
with a waiver of minimum yard requirements, on property generally
located northwest of the intersection of South 84th Street and
Highway 2.(In connection w/03-21, 03-22, 03R-25, 03R-26)
Fact Sheet (737K)
64) 03R-28 Use Permit 43B - Application of Stockwell Office Park Association
to modify the sign plan of Stockwell Office Park to decrease the
sign area of the permitted sign at the 14th Street vehicular
entrance and to increase the area and height of the permitted sign
adjacent to Lot 5, near S. 13th Street. Fact Sheet (323K)
65) 03R-29 Approving a waiver of the design standards for ornamental street
lighting in the Cather Addition administrative final plat on property
generally located at North 27th Street and Cather Road.
Fact Sheet (199K)
66) 03R-30 Special Permit 1610C - Application of Joyce-Hinkley Limited Partner-
ship to adjust the front yard from 20 feet to 19.5 feet for the
southernmost garage along North 58th Street, and to revise the
rear yard setback to 4.5 feet for the westernmost garage along
the north lot line, on property generally located at 57th and Fremont
Streets. Fact Sheet (330K)
67) 03R-31 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth therein for the
period of January 1 - 15, 2003. Fact Sheet (5K), Attachment (32K)
68) 03R-32 Approving the reappointment of Dana W. Roper as City Attorney for
a two year term expiring January 18, 2005.
RECONSIDERATION
69) 03R-16 Pre-Existing Use Permit No. 3AA - Application of Westfield
Shoppingtown (formerly Gateway) to replace, remove, and
move various wall signs, interior directional signs and
perimeter signs at Westfield Shoppingtown - Gateway,
6100 O Street. (1/13/03 - Amendment, Lost 3-4; Cook,
Friendt, Seng, Werner Dissenting; Adopted,7-0; A-81901)
(RECONSIDERED TO HAVE ACTION ON 02/03/03, 5-2; COOK,
WERNER DISSENTING)
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 (1/29/03) PRIOR TO
THE NEXT FORMAL CITY COUNCIL MEETING (2/3/03).
Tim O'Neill Representing Subject: 2 Bicycle underpasses & Street
Vintage Heights Homeowners Assn. widening at 84th to 88th Streets & Old
Cheney Road. (THE VINTAGE HEIGHTS
HOMEOWNERS ASSN. FEELS THAT THE WIDENING
OF OLD CHENEY TO SEVEN LANES IS EXCESSIVE
& EXCEEDS THE ORDINANCE. SOME OF THE
HOMEOWNERS HAVE EASEMENTS THAT WILL BE
AFFECTED.)
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 7:40 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