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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 3, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Leo Scherer dba "Sky Lounge" for a
Class "C" liquor license at 3200 N.W. 12th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81957)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 2 THRU 4 HAD 2ND READING; SEE ITEM #4)
2) 03-34 Authorizing an Agreement between the
City and Ridge Development Co. and
Southview Inc. for an exchange of three
City owned residential lots (Lots 16,
17, and 18, Olympic Heights 1st
Addition) for a one-acre outlot (Outlot
"A", Block 5, Highlands West 1st Addition).
Exhibit
3) 03-35 Amending Section 12.08.070 of the Lincoln
Municipal Code to change the regular hours
parks are open to the public from 6:00 a.m.
to midnight, to 5:00 a.m. to 11:00 p.m., and
establishing hours of operation for Pioneers
Park and for commuter/recreation trails.
4) 03-36 Change of Zone 3386 - Application of Gary and
Carolyn Christensen and Delisi Brothers, Inc.
for a change of zone from H-3 Highway
Commercial to I-1 Industrial on property
generally located southwest of S. Coddington
Ave. and W. O Street.(In connection w/03R-50)
Fact Sheet (197K)
(CON'T. PUBLIC HEARING TO 3/10/03, 7-0)
PUBLIC HEARING - RESOLUTIONS
5) 03R-21 Approving an Agreement between the City,
County, and United Way for the Implementation
of the Community Based Human Needs Assessment
in connection with the University of Nebraska
Public Policy Center. (ADOPTED, 7-0; A-81958)
6) 03R-44 Appointing Rob D. Hackwith to the Cable Advisory
Board to fill an unexpired term expiring July 1,
2003. (ADOPTED, 7-0; A-81959)
7) 03R-45 Approving a resolution directing the submission of
a proposed general obligation bond issue, not more
than ten million dollars, for extension of
improvements to the City's storm sewer and
drainage system at the May 6, 2003, City general
election. (ADOPTED, 7-0; A-81960)
8) 03R-46 Ordering Sidewalk Improvement District 94
constructed in the area bounded on the north by
Fletcher Ave., on the east by 84th Street, on the
south by Yankee Hill Road, and on the west by N.W.
27th Street. Fact Sheet (56K)
(ADOPTED, 7-0; A-81961)
9) 03R-47 Authorizing Nader Sepahpur dba Osoburrito to
occupy a portion of the public right-of-way at
1451 O Street for use as a sidewalk caf‚.
(CON'T. PUBLIC HEARING & DELAYED ACTION TO
3/10/03, 7-0)
10) 03R-48 Authorizing the acquisition of right-of-way for
improvements in Holdrege Street, east of 84th
Street in connection with the development of
Morning Glory Estates. Fact Sheet (60K)
(ADOPTED, 7-0; A-81962)
11) 03R-49 Approving Moose Loyal Order 175 at 4901 N. 56th
Street as a Keno satellite site. (ADOPTED, 7-0; A-81963)
12) 03R-50 Accepting and approving the preliminary plat of G
& C Addition for 15 lots and 1 outlot, with
waivers of the required street frontage, street
paving, curb and gutter, sidewalks, street trees,
and turnaround at dead-end streets, on property
generally located southwest of S. Coddington Ave.
and W. O Street.(In connection w/03-36)
(CON'T. PUBLIC HEARING & DELAYED ACTION TO
3/10/03, 7-0)
13) 03R-51 Special Permit 1968 - Application of the Carol C.
Ketelhut Irrevocable Trust to develop Pioneer
Ridge Community Unit Plan consisting of 7 single
family acreages on property generally located at
S. 112th Street and Pioneer Blvd.(In connection
w/03R-52) Fact Sheet (417K)
(CON'T. PUBLIC HEARING& DELAYED ACTION TO
3/10/03, 7-0)
14) 03R-52 Accepting and approving the preliminary plat of
Pioneer Ridge consisting of 7 lots and 3 outlots,
with waivers of the required street trees, street
lighting, landscape screens, sidewalks and block
length, on property generally located at S. 112th
Street and Pioneers Blvd.(In connection w/03R-51)
Fact Sheet (718K)
(CON'T. PUBLIC HEARING & DELAYED ACTION TO 3/10/03, 7-0)
15) 03R-53 Special Permit 1971 - Application of Valcom
Wireless Corp. to install a 143' wireless
communications facility with five carriers, with
waivers of the fall zone and landscaping, on
property generally located southwest of the
intersection of Havelock Ave. and Cornhusker Hwy.
Fact Sheet (462K)
(CON'T. PUBLIC HEARING & DELAY ACTION TO 3/10/03,
5-2; CAMP, SVOBODA DISSENTING)
16) 03R-54 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
February 1 - 15, 2003. Exhibit Fact Sheet (7K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;A-81964)
17) 03R-55 Approving the Broom Factory Redevelopment
Agreement between the City and B&J Partnership for
the redevelopment of property generally located at
1025 and 1017 N. 27th Street. (AMENDED, EXHIBIT "D",
7-0; ADOPTED AS AMENDED, 7-0; A-81965)
PUBLIC HEARING
ORDINANCES 3RD READING
18) 03-32 Amending Section 4.24.070 of the Lincoln
Municipal Code relating to the powers and
duties of the Lincoln Electric System
Administrative Board to authorize the Lincoln
Electric System to provide telecommunications
services. (2/24/03 - Public Hearing &
Action Continued to 3/3/03) Exhibit
(ADOPTED, 5-2; CAMP, SVOBODA DISSENTING; #18138)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
19) Setting the Hearing Date of March 17, 2003 for
Man. App. of Mark Johnson for Vincenzo's Inc. dba
Vincenzo's Ristorante at 808 P Street #100.
(ADOPTED, 6-0; CAMP, CONFLICT OF INTEREST;
A-81966)
20) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on February 24, 2003.
(PLACED ON FILE)
Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended January 2003.
(ADOPTED, 7-0; A-81967)
REPORTS OF CITY OFFICERS
21) Report from City Treasurer of Cash on Hand at the
close of business January 31, 2003.(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 22 THRU 24 HAD 1ST READINGS)
22) 03-37 Approving a transfer of unspent and
unencumbered appropriations and cash between
certain capital improvements projects within
the Water Construction Fund and Street
Construction Fund within the Public Works &
Utilities Department. Fact Sheet (58K)
23) 03-38 Amending Chapter 8.32 of the Lincoln
Municipal Code to establish an occupation tax
of $7.00 per ton on refuse and special waste
collected within the City and $7.00 per ton
occupation tax on refuse and special waste
collected outside the corporate limits of the
City and within Lancaster County that is
deposited in the City's sanitary landfill.
Fact Sheet (60K)
24) 03-39 Change of Zone 3393 - Application of B&J
Partnership for a change of zone from I-1
Industrial District to B-3 Commercial
District on property generally located at
1019 North 27th Street. Fact Sheet (219K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
25) 03-27 Creating Paving District No. 2625 in North
57th Street between Fremont Street and
Hartley Street and assessing the costs
thereof against the benefitted properties.
Fact Sheet (6K)
(AMENDED, 7-0; PASSED, 7-0; #18139)
26) 03-28 Creating Water District No. 1190 in N.W. 6th
Street from West Dawes to West Saunders and
assessing the costs thereof against the
benefitted properties. Fact Sheet (5K)
(PASSED, 7-0; #18140)
27) 03-29 Amending Chapter 8.46 of the Lincoln
Municipal Code to change the cutting height
for vegetation from six inches to twelve inches.
(LOST, 0-7; #38-4438)
28) 03-30 Approving a Sublease Agreement between the
City and WORKNET/Career Design, Inc. for a
sublease of space at the One Stop Center,
1010 N Street, to provide job training and
employment services under the Workforce
Investment Act. Exhibit
(PASSED, 7-0; #18141)
29) 03-31 Change of Zone 3381 - Application of Susan
and Donald Brouse, Thomas Folsom and National
Bank of Commerce Trust and Savings
Association for a change of zone from AG
Agricultural to R-3 Residential, R-4
Residential, P Public Use, H-4 General
Commercial and O-3 Office Park on property
generally located southwest of the
intersection of S. 27th Street and Porter
Ridge Road. (In connection w/03R-38, 03R-
39, 03R-40, 03R-41) Fact Sheet (708K)
(PASSED, 7-0; #18142)
30) 03R-38 Special Permit 1988 - Application of Susan and
Donald Brouse, Thomas Folsom, and National Bank of
Commerce Trust and Savings Association to develop
Tamarin Ridge Community Unit Plan consisting of
441 dwelling units, with waivers of the required
maximum height, to defer review and approval of
site plans, ground signs, and landscape plans to
the time of building permits, on property
generally located southwest of the intersection of
South 27th Street and Porter Ridge Road.(In
connection w/03-31, 03R-39, 03R-40, 03R-41)
(2/24/03 - Delayed action to 3/3/03) Fact Sheet (583K)
(ADOPTED, 7-0; A-81968)
31) 03R-39 Accepting and approving the preliminary plat of
Tamarin Ridge consisting of approximately 78 lots
and 2 outlots, on property generally located
southwest of the intersection of South 27th Street
and Porter Ridge Road.(In connection w/03-31,
03R-38, 03R-40, 03R-41)(2/24/03 - Delayed
action to 3/3/03) Fact Sheet (542K)
(ADOPTED, 7-0; A-81969)
32) 03R-40 Special Permit 1989 - Application of Susan and
Donald Brouse, Thomas Folsom and National Bank of
Commerce Trust and Savings Association to allow
approximately 115,000 sq. ft. of office/commercial
space, including an automobile dealership, with
waivers to the front, side and rear yard setbacks
and to defer review and approval of site plans,
ground signs and required landscape plans until
the time of building permits, on property
generally located southwest of the intersection of
South 27th Street and Porter Ridge Road.(In
connection w/>03-31, 03R-38, 03R-39, 03R-41)
(2/24/03 - Delayed action to 3/3/03)
Fact Sheet (487K)
(ADOPTED, 7-0; A-81970)
33) 03R-41 Use Permit 147 - Application of Susan and Donald
Brouse, Thomas Folsom and National Bank of
Commerce Trust and Savings Association to develop
26,500 sq. ft. of office space, including a drive-
thru bank facility, and to defer review and
approval of site plans, ground signs and required
landscape plans until the time of building
permits, on property generally located southwest
of the intersection of South 27th Street and
Porter Ridge Road.(In connection w/03-31,
03R-38, 03R-39,03R-40) (2/24/03 - Delayed action to
3/3/03) Fact Sheet (479K)
(ADOPTED, 7-0; A-81971)
34) 03-33 Amending Section 5.04.066(c) of the Lincoln
Municipal Code to allow special designated
licenses (SDLs) for golf-related events at
the four 18-hole City golf courses and
authorizing the City Clerk to approve such
special designated licenses. (PASSED, 6-1;
SVOBODA DISSENTING; #18143)
PENDING LIST - DATE CERTAIN
35) 03-23 Amending the corporate limits of the City by
annexing approximately 7.1 acres of property
generally located at South 91st Street and
Pine Lake Road. (In connection w/03-24,
03R-33, 03R-34)(2/03/03 - P.H.
con't w/Action to 2/10/03) (2/10/03 - Public
Hearing & Action Delayed 2 wks. to 2/24/03)
(2/24/03 - Delay Action 2 weeks to 3/10/03)
Fact Sheet (24K)
36) 03-21 Amending the corporate limits of the City by
annexing approximately 39.9 acres of property
generally located northwest of the
intersection of South 84th Street and Highway
2.(In connection w/03-22, 03R-25, 03R-26,
03R-27) (2/03/03 - P.H. con't. w/3rd
reading on 2/10/03). (2/10/03 - Public
Hearing & Action Delayed 2 wks. to 2/24/03)
(2/24/03 - Delay Action 2 weeks to 3/10/03)
Fact Sheet (257K)
37) 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) (2/03/02 - P.H. con't w/3rd
reading on 2/10/03).(2/10/03 - Public
Hearing & Action Delayed 2 wks. to
2/24/03) (2/24/03 - Delay Action 2
weeks to 3/10/03) Fact Sheet (298K)
38) 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) (2/03/03 - P.H. con't w/Action to 2/10/03)
(2/10/03 - Public Hearing & Action Delayed 2
wks. to 2/24/03) (2/24/03 - Delay Action 2
weeks to 3/10/03) Fact Sheet (10K), Attachment (25K)
39) 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) (P.H. con't w/Action to
2/10/03) (2/10/03 - Public Hearing & Action
Delayed 2 wks. to 2/24/03)(2/24/03 - Delay
Action 2 weeks to 3/10/03) Fact Sheet (814K)
40) 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) (2/03/03 -
P.H. con't w/Action to 2/10/03) (2/10/03 - Public
Hearing & Action Delayed 2 wks. to 2/24/03)
(2/24/03 - Delay Action 2 weeks to 3/10/03)
Fact Sheet (737K)
PENDING LIST (EXTENDED ONE WEEK)
41) 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)
42) 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)
43) 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)
44) 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)
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 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) 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)
47) 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)
48) 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)
49) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MARCH 10, 2003, 1:30 P.M.: (APPROVED, 7-0)
50) 03R-56 Authorizing the Mayor to execute a multi-year
contract when funding comes from more than one
fiscal year C.I.P. budget for Salt Creek Bridge
replacement, water main and sewer construction at
West A Street (State Project BR-STPC-5220(2) CN
12668; City Project 701541). Fact Sheet (63K)
51) 03R-57 Amending Resolution No. A-79667 to reduce the
landfill tipping fee for refuse and special wastes
charged at the Bluff Road Landfill from $17.00 per
ton to $10.00 per ton; to reduce the cubic yard
fees in the same proportion and to change minimum
fees charged at the Bluff Road Landfill, as a
result of implementing an occupation tax to fund
the City's various integrated solid waste
programs. Fact Sheet (61K)
52) 03R-58 Special Permit No. 2000 - Application of Janet
Crosby for authority to sell alcoholic beverages
for consumption on the premise, including a
request to waive the parking lot paving
requirements, on property generally located at
3235 North 35th Street. Fact Sheet (369K)
53) 03R-59 Special Permit No. 2001 - Application of FB
Northstar, L.L.C. for authority to sell alcoholic
beverages for consumption off the premises on
property generally located east of the
intersection of North 33rd Street and North 33rd
Circle. Fact Sheet (227K)
54) 03R-60 Authorizing approval of a redevelopment agreement
under the Nebraska Community Development Law for a
downtown entertainment center on a portion of the
City block from 11th to 12th and O to P Streets;
authorizing acquisition of the necessary property
for the Project, including condemnation if
necessary; and approving a transfer of funds for
the re-alignment of 12th Street from O to N
Streets from Downtown Redevelopment Fund 425 to
Street Construction Fund Project No. 541002.
Fact Sheet (12K)
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 (3/5/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (3/10/03).
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 7:38 P.M.
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.
History