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ACTION FROM REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 17, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Manager application of Mark Johnson for Vincenzo's
Inc. dba "Vincenzo's Ristorante" at 808 P Street,
#100. (ADOPTED FOR APPROVAL, 6-0;
CAMP, CONFLICT OF INTEREST; A-81987)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEM 2 HAD 2ND READING)
2) 03-40 Adopting the supplements to the Lincoln
Municipal Code dated June 2002 and
December 2002 as part of the official
Lincoln Municipal Code.
PUBLIC HEARING - RESOLUTIONS
3) 03R-51 Special Permit 1968 - Application of the
Carrol 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)
52) (3/3/03- Con't. Public Hearing &
Action to 3/10/03) (3/10/03 - Con't.
Public Hearing & Action to 3/17/03)
Fact Sheet (752K)
(ADOPTED, 7-0; A-81988)
4) 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) (3/10/03 - Con't. Public Hearing &
Action to 3/17/03) Fact Sheet (718K)
(ADOPTED, 7-0; A-81989)
5) 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.
(ADOPTED, 7-0; A-81990)
6) 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)
(ADOPTED, 7-0; A-81991)
7) 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)
(ADOPTED, 7-0; A-81992)
8) 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)
(ADOPTED, 7-0; A-81993)
9) 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. (ADOPTED, 7-0; A-81994)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
10) Setting Hearing Date of March 31, 2003 at 5:30
p.m. for the Application of DLH, Inc. dba "Coaches
Sports Bar & Grill" for a Class D1 liquor license
located at 640 West Prospector Court.
(ADOPTED, 7-0; A-81995)
11) Setting Hearing Date of March 31, 2003 at 5:30
p.m. for the Application of Lincoln Holdings LTD
dba "Oso Burrito" for a Class "C" liquor license
located at 1451 "O" Street, Ste. 103.
(ADOPTED, 7-0; A-81996)
12) Setting Hearing Date of March 31, 2003 at 5:30 p.m
for the Manager Application of Jared J. Beckmann
for GMRI, Inc. dba "Olive Garden Restaurant #1432"
located at 6100 "O" Street. (ADOPTED, 7-0;A-81997)
13) MISCELLANEOUS REFERRALS
Petition to Vacate Public Way the west Cleveland Avenue
from the west line of N.W. 48th Street to the east line
of Hartland Homes Northwest Second Addition submitted by
Duane Hartman Investments, The Korean Church of Lincoln
and Robert W. & Raeann D. Lorence. (REFERRED TO LAW DEPT.)
Clerk's Letter and Mayor's approval of ordinances &
resolutions passed by Council on March 10, 2003.
(PLACED ON FILE)
Application of Sesostris Shrine, 1717 Yolande Avenue,
to conduct a raffle within the City. (Need motion to
set hearing date of Monday, March 24, 2003 at 1:30 p.m.) (APPROVED, 7-0)
(APPROVED, 7-0)
Setting the Hearing Date of Monday, March 31, 2003 at 5:30 p.m.,
for App. of Wilderness Ridge, LLC dba Wilderness Ridge Golf Course
for an addition to licensed premise for the C/K Liquor License
at 1800 Wilderness Woods Place.
(ADOPTED, 7-0; A-81998)
REPORTS OF CITY OFFICERS
14) Clerk's Letter and Mayor's Approval of ordinances
& resolutions passed by Council on March 3, 2003.
(PLACED ON FILE)
15) Investment of Funds for March 3 through March 7,
2003. (ADOPTED, 7-0; A-81999)
15a) Report of UNL Microbiologist for water
testing for the month of February, 2003.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEM 16 HAD 1ST READING)
16) 03-45 Change of Zone 3395 - Application of Martin
Luther Homes Nebraska Housing for a change of
zone from B-1 Local Business to R-5
Residential on property generally located at
North 63rd Street and Y Street.
Fact Sheet (525K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
17) 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) (3/10/03 - Action Delayed to
3/17/03) Fact Sheet (10K), Attachment (25K)
(HUNZEKER SUBSTITUTE ANNEXATION AGRMT ACCEPTED, 6-1;
COOK DISSENTING; MAIN MOTION LOST AS AMENDED, 3-4;
COOK, MCROY, SENG, WERNER DISSENTING; #38-4439)
18) 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)
(3/10/03 - Action Delayed to 3/17/03)
Fact Sheet (257K) Substitute (28K)
(PLACED ON PENDING, NO DATE CERTAIN, 6-1;
SVOBODA DISSENTING)
19) 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)
(3/10/03 - Action Delayed to 3/17/03)
Fact Sheet (298K)
(PLACED ON PENDING, NO DATE CERTAIN, 6-1;
SVOBODA DISSENTING) (PLACED ON PENDING,
NO DATE CERTAIN, 6-1; SVOBODA DISSENTING)
20) 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)(3/10/03 - Action Delayed to
3/17/03) Fact Sheet (814K)
(PLACED ON PENDING, NO DATE CERTAIN, 6-1;
SVOBODA DISSENTING)
21) 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)
(3/17/03 - Action Delayed to 3/17/03)
Fact Sheet (737K)
(PLACED ON PENDING, NO DATE CERTAIN, 6-1;
SVOBODA DISSENTING)
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)
(AMENDED, 7-0; PASSED AS AMENDED,
7-0; #18148)
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)
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18149)
24) 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. (3/10/03 - Delay Action 1 week to
3/17/03) Fact Sheet (61K)
(ADOPTED, 7-0; A-82000)
25) 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)
(PASSED, 7-0; #18150)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST
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. (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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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 24, 2003, 1:30 P.M.: (APPROVED, 7-0)
35) 03R-66 Reappointing Dr. Hena Roy, Ed Schneider, Tony
Messineo, and Larry Hudkins to the Lincoln-
Lancaster County Board of Health for three-year
terms expiring April 15, 2006.
36) 03R-67 Appointing Jose Soto and Bruce Baker to the
Community Development Task Force to fill unexpired
terms expiring August 31, 2004 and August 31,
2003, respectively. Applications (159K)
37) 03R-68 Appointing Janet C. Lu to the Lincoln-Lancaster
Women's Commission for a two-year term expiring
March 1, 2005. Application (128K)
38) 03R-69 Ordering Water District No. 1190 constructed in
N.W. 6th Street from West Dawes to West Saunders.
Fact Sheet (54K)
39) 03R-70 Approving an Interlocal Agreement with the
Railroad Transportation Safety District for
funding of Phase 1 of the Antelope Valley Project.
Fact Sheet (60K) Exhibit (71K)
40) 03R-71 Special Permit 1423F - Application of D & M
Development L.L.C. to amend HiMark Estates
Community Unit Plan to identify certain lots as
duplex lots with zero setback on all lot lines, at
the east end of Augusta Drive generally located at
South 84th Street and Old Cheney Road.
Fact Sheet (279K)
41) 03R-73 Approving an Agreement with Lower Platte South
Natural Resource District to maintain the City's
Wetland Mitigation Bank. Fact Sheet (59K)
Attachment (135K)
42) 03R-74 Approving a Golf License Agreement between the
City and Timothy L. Rowlands for professional golf
services at Pioneers Golf Course and Clubhouse for
a period from February 16, 2003 through April 30,
2006. Fact Sheet (44K) Exhibit (33K)
Agreement (341K)
43) 03R-75 Approving a Golf License Agreement between the
City and Denis M. Vontz for professional golf
services at Highlands Golf Course and Clubhouse
for a period from February 16, 2003 through April
30, 2006. Fact Sheet (55K) Exhibit (45K)
Agreement (370K)
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 (3/19/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (3/24/03).
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 2:54 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