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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 10, 2003, AT 1:30 P.M.
MAYOR'S AWARD OF EXCELLENCE for the month of February,
2003 to Thurman Hoskins, Jr. of the Health Dept. in the
category of Customer Relations
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Gas 'N Shop Inc. dba "Gas 'N Shop"
for a Class "B" liquor license at 4335 N. 70th Street.
(ADOPTED FOR APPROVAL, 6-0, WERNER ABSENT; A-81972)
2) Exhibit Manager application of Connie L. Hynek for Gas 'N
Shop Inc. dba "Gas 'N Shop" at 4335 N. 70th Street.
(ADOPTED FOR APPROVAL, 6-0, WERNER ABSENT; A-81973)
3) Exhibit Application of Gas 'N Shop Inc. dba "Gas 'N Shop"
for a Class "B" liquor license at 2243 N. Cotner Blvd.
(ADOPTED FOR APPROVAL, 6-1, WERNER DISSENTING; A-81974)
4) Exhibit Manager application of Connie L. Hynek for Gas 'N
Shop Inc. dba "Gas 'N Shop" at 2243 N. Cotner Blvd.
(ADOPTED FOR APPROVAL, 6-1, WERNER DISSENTING; A-81975)
5) Exhibit Application of Yankee Hill Development L.L.C. dba
Yankee Hill Country Club for a Class C with catering liquor
license at 7600 San Mateo Lane. (ADOPTED FOR APPROVAL, 7-0;
A-81976)
6) Exhibit Manager application of Bryan Allen Cederburg for
Yankee Hill Development L.L.C. dba Yankee Hill Country
Club at 7600 San Mateo Lane. (ADOPTED FOR APPROVAL,
7-0; A-81977)
7) Exhibit Application of Alfredo Barrera dba "Ay Chihuahua
for a Class "C" liquor license at 2050 Cornhusker Highway.
(ADOPTED FOR APPROVAL; 7-0; A-81978)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 8-10 HAD 2nd READING)
8) 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)
9) 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)
10) 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)
PUBLIC HEARING - RESOLUTIONS
11) 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 cafe. (3-3-03 - Con't. Public Hearing &
Action to 3/10/03) (AMENDED, 4-3, COOK, FRIENDT &
SENG DISSENTING; ADOPTED AS AMENDED, 7-0; A-81979)
12) 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. (3/03/03 - Con't
Public Hearing & Action to 3/10/03) Fact Sheet (462K)
(AMENDED, 6-1, SVOBODA DISSENTING; ADOPTED AS AMENDED, 7-0; A-81980)
13) 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) CN12668; City Project
701541). Fact Sheet (63K)
(ADOPTED, 7-0; A-81981)
14) 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)
(ACTION DELAYED FOR ONE WEEK TO 3-17-03, 7-0)
15) 03R-58 Special Permit No. 2000 - Application of Janet Crosby for
authority to sell alcoholic beverages for consumption on the
premises, including a request to waive the parking lot paving
requirements, on property generally located at 3235 North 35th
Street. Fact Sheet (369K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-81982)
16) 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) (ADOPTED, 7-0; A-81983)
17) 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 Construc-
tion Fund Project No. 541002. Fact Sheet (12K) Attachment 1 (208K) Attachment 2 (1.9M)
(ADOPTED, 7-0; A-81984)
PUBLIC HEARING
ORDINANCES 3RD READING & RESOLUTIONS
18) 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)(3/3/03 - Con't. Public Hearing
& Action to 3/10/03) Fact Sheet (197K)
(PASSED, 7-0; #18144)
19) 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)(3/3/03 - Con't. Public Hearing & Action to 3/10/03)
(AMENDED, 6-2, COOK & SENG DISSENTING, ADOPTED, AS AMENDED, 7-0; A-81985)
20) 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)
(3/3/03- Con't. Public Hearing & Action to 3/10/03) Fact Sheet (752K)
(P.H. & ACTION DELAYED FOR ONE WEEK TO 3/17/03, 6-0, WERNER ABSENT)
21) 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)
(3/3/03- Con't. Public Hearing & Action to 3/10/03)
Fact Sheet (718K)
(P.H. & ACTION DELAYED FOR ONE WEEK TO 3-17-03, 6-0, WERNER ABSENT)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
22) The following items have been referred to the Planning Dept.:
Change of Zone No. 3396 - Application of Design Associates,
representing Boyce Construction, Inc. for a change of
zone from R-2 to R-4 to construct 32 dwelling units on
property located along the west side of 70th Street
north of Adams Street.
Change of Zone No. 3397 - Application of Near South
Neighborhood Assn. for a change of zone from R-4
to R-2 to modify the residential aspects of the
Franklin Heights Landmark District located at
South 27th and South Streets.
Pre-Existing Special Permit No. 20C - Application
of NEBCO, Inc. to replace existing concrete batch
facility to height of 85', exceeding the allowable
height of 75', on property located at 63rd &
Cornhusker Hwy.
Special Permit No. 2003 - Application of Design
Associates, representing Boyce Construction, Inc.
to construct 32 dwelling units on property
located along the west side of 70th Street north
of Adams Street.
23) MISCELLANEOUS REFERRALS
Report of Lincoln Water & WasteWater Recapitulation of
Daily Cash Receipts for the month of February, 2003.
(PLACED ON FILE)
Report of City of Lincoln Comprehensive Annual
Financial Report for the FY Ending August 31, 2002.
(PLACED ON FILE)
Report from City Treasurer of Telecommunications Occupation
Taxes for the month of January, 2003: Shaffer Communications,
Inc., Alyon Technologies, Inc., IBM Global Services-NS Dic.,
Star Number, Inc., United Systems Access Telecom, Quantum
Shift Communications, Bell Atlantic Communications; for the
month of February, 2003: ATS Mobile Telephone Co., Inc.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
24) Investment of Funds for February 24 through February 28, 2003.
(ADOPTED, 7-0; A-81986)
25) Request of Public Works to set a public hearing
date of Monday, March 31, 2003 at 5:30 p.m. and place
on the formal City Council Agenda the following:
(APPROVED, 7-0)
03-41 To provide authority to pave West
South Street, SW 23rd to SW 27th Streets;
and SW 27th Street from West South Street
to West A Streets and assess the cost
thereof against the benefitted property.
03-42 To provide authority to create a re-
paving district, being South Coddington
Avenue, West O south approximately 1200
feet more or less and assess the cost
thereof against the benefitted property.
03-43 To provide authority to grade an open
alley, being the east/west alley, North 69th
to North 70th Streets, X to Y Streets and
assess the cost thereof against the benefitted
properties.
03-44 To provide authority to gravel an open alley,
being the east/west alley, North 69th to North
70th Streets, X & Y Streets and assess the cost
thereof against the benefitted properties.
26) Report from City Treasurer of Telecommunications
Occupation Taxes for the month of January, 2003: Qwest
Communications, Corp., Alltel Systems of the Midwest, Inc.,
Alltel Nebraska, Inc., McLeod USA Telecommunications Services,
Inc., ACN Communication Services, Inc., OnStar Corporation,
TracFone Wireless, Inc., Virgin Mobile, USA, Global
Crossing Telecommunications, Inc., AT&T Comm. Of Midwest,
Intellicall Operator Services, Primus Telecommunications,
Inc., Broadwing Telecommunications, Trans National Communica-
tions Int'l., Inc., Nebraska Technology & Telecommunications,
Inc., MCI WorldCom Network Service, Inc., Guaranteed Phone
Service, Sprint Spectrum, L.P., Sprint Communication Company
Limited Partnership, NOSVA Limited Partnership, Affinity
Network, Inc., Big Planet, Inc., I-LINK Communications,
Inc., Touch America, XO Long Distance Services, Inc.,
Teligent Services, Inc., and Alltel Communications of
Nebraska, Inc. (PLACED ONE FILE)
ORDINANCES - 1ST READING (ITEM 27 HAD 1ST READING)
27) 03-40 Adopting the supplements to the Lincoln
Municipal Code dated June 2002 and December 2002 as
part of the official Lincoln Municipal Code.
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
28) 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) Substitute (33K)
(SUBSTITUTE ORDINANCE PASSED, 7-0; #18145)
29) 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)
(ACTION DELAYED ONE WEEK TO 3/17/03, 5-2, FRIENDT &
SVOBODA DISSENTING)
30) 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)
(ACTION DELAYED ONE WEEK TO 3/17/03, 5-2, FRIENDT &
SVOBODA DISSENTING)
31) 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)
(ACTION DELAYED ONE WEEK TO 3/17/03, 5-2, FRIENDT &
SVOBODA DISSENTING)
32) 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)
(ACTION DELAYED ONE WEEK TO 3/17/03, 5-2, FRIENDT &
SVOBODA DISSENTING)
33) 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)
(ACTION DELAYED ONE WEEK TO 3/17/03, 5-2, FRIENDT &
SVOBODA DISSENTING)
34) 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 (PASSED, 7-0; #18146)
35) 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.
(PASSED, 7-0; #18147)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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 17, 2003, 1:30 P.M.: (APPROVED, 7-0)
45) 03R-62 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
February 16 - 28, 2003. Fact Sheet (7K) Attachment (37K)
46) 03R-63 Authorizing the filing of applications with the
United States Department of Transportation for
financial assistance during Fiscal Year 2003-2004
(September 1, 2003 - August 31, 2004). Fact Sheet (58K)
47) 03R-64 Ordering Paving District No. 2624 constructed in
the frontage road which parallels Highway 77 north
from Holland Road south approximately 1,375 feet.
Fact Sheet (55K)
48) 03R-65 Approving an Amendment to the Interlocal Agreement
between the City and County for a Local Air
Pollution Control Program for assessing fees for
carbon monoxide emissions to create fees for the
administration of variances and a fee payment
schedule; to amend definitions; and to change the
fee structure of construction permits to a per-
hour basis.
49) 03R-61 Approving the appointment of Dr. Christopher Kent to
the Emergency Medical Services Board for a three-year
term to expire March 28, 2006.
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 (3/12/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (3/17/03).
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 - 6:05 P.M.
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History