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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 31, 2003, AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application Manager application of Jared J. Beckmann for GMRI,
Inc. dba "Olive Garden Italian Restaurant #1432"
at 6100 O Street. ADOPTED FOR APPROVAL, 7-0; A-82014)
2) Application Application of Lincoln Holdings Ltd. dba
"Osoburrito" for a Class "C" liquor license at
1451 O Street, Suite 103. (ADOPTED FOR APPROVAL, 7-0; A-82015)
3) Application Manager application of Nader Sepahpur for Lincoln
Holdings Ltd. dba "Osoburrito" at 1451 O Street,
Suite 103. (ADOPTED FOR APPROVAL, 7-0 A-82016)
4) Application Application of Wilderness Ridge, L.L.C. dba
"Wilderness Ridge Golf Course" for an addition to
their Class C/K liquor license of a two-story
clubhouse measuring approximately 182 x 222,
including lower level area, lower level patio area
and wrap around deck off the main floor at 1800
Wilderness Woods Place. (AMENDED, 7-0; ADOPTED
AS AMENDED FOR APPROVAL, 7-0; A-82017)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 5 THROUGH 12 HAD 2ND READING)
5) 03-41 Creating Paving Dist.2626 in W. South St.,
S.W. 23rd St. to S.W. 27th St., S.W. 27th St.
from W. South St. to W. A St. & assessing the
costs thereof against the benefitted
property.
6) 03-42 Creating Re-paving Dist. 156 in S. Coddington
Ave., W. O St. south approx. 1200 feet &
assessing the costs thereof against the
benefitted property.
7) 03-43 Creating Grading Dist. 151 in the east/west
alley, N. 69th to N. 70th Sts., X St. to Y
St., & assessing the costs thereof against
the benefitted property.
8) 03-44 Creating Graveling Dist. 340 in the east/west
alley, N. 69th to N. 70th St., X St. to Y
St., & assessing the costs thereof against
the benefitted property.
9) 03-46 Renaming S. 30th St. between O'Hanlon Dr. &
Grainger Parkway as "Laytonjohn Lane."
Fact Sheet (50K)
10) 03-47 Approving a three-year/5,000 hour lease
agreement between the City & Elgin Sweeper
Company to provide a four-wheeled street
sweeper for sweeping of residential &
arterial streets.
Fact Sheet (56K) Attachment (438K)
11) 03-48 Amending Chapter 9.24 of the Lincoln
Municipal Code to provide that it shall be
unlawful for any person convicted of
violating specified state and local theft
offenses twice within ten years to pawn or
sell any property to a pawnbroker or second-
hand jewelry dealer within the City of
Lincoln.
12) 03-49 Amending Chapter 9.36 of the Lincoln
Municipal Code relating to weapons to make it
unlawful for any person to possess a firearm
within the corporate limits or on any
property of the City of Lincoln outside the
corporate limits when that person has been
convicted of violating specified state and
local offenses within ten years; to make it
unlawful for any person to keep a firearm in
an unattended motor vehicle; and to provide a
definition for the term "firearm".
PUBLIC HEARING - RESOLUTIONS
13) 03R-72 Accepting the report of new & pending claims
against the City & approving disposition of
claims set forth therein for the period of
March 1 - 15, 2003. Fact Sheet (7K), Attachment (37K)
(ADOPTED, 7-0; A-82018)
14) 03R-76 Reappointing Dennis Biggerstaff to the Heating,
Ventilating & Cooling Examiners Board for a three-
year term expiring April 4, 2006.
(ADOPTED, 7-0; A-82019)
15) 03R-77 Appointing Norman H. Agena to the Government
Access & Information Committee to fill an
unexpired term expiring January 1, 2004.
(ADOPTED, 7-0; A-82020)
16) 03R-85 A resolution in support of placing a high priority
on maintaining adequate funding for the University
of Nebraska. (ADOPTED, 6-1; SVOBODA DISSENTING;
A-82021)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
17) Setting the Hearing date of Monday, April 14, 2003
at 1:30 p.m for App. of Viviana Grassi-Larsen dba
"SurTango Bar & Caf‚" for an upgrade from Class
"I" liquor license to Class "C" Liquor License at
1228 P Street. (ADOPTED, 7-0; A-82022)
18) Setting the Hearing date of Monday, April 14, 2003
at 1:30 p.m. for App. of Jan-Al, Inc. dba "Simply
Paradise Social Hall"for a Class "I" liquor
license at 3235 N. 35th Street. (ADOPTED, 7-0;
A-82023)
19) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecommunications
Occupation Taxes for February, 2003: Alltel Nebraska,
Inc., Alltel Systems of the Midwest, Sprint Spectrum.
(PLACED ON FILE)
Clerk's Letter and Mayor's approval or ordinances &
resolutions passed by Council on March 24, 2003.
(PLACED ON FILE)
Petition to Vacate Public Way from S.W. 13th Street,
south from West "O" Street to the north lot line of
Lot 41, I.T. submitted by Robert D. Hampton, Lincoln
North Creek, L.L.C. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
20) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended February,
2003. (ADOPTED, 7-0; A-82024)
21) Report of City Treasurer of Telecommunications
Occupation Tax for the month of February, 2003:
Affinity Network, Tri-M, Lightyear, Globalcom,
Zone Telecom., Comdata, Association Adm., GTC
Telecom., LDMI, Glyphics, NOS, NOSVA, D & D, WWC
License LLC dba Cellular One, Nextel West Corp.
(PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 22 THROUGH 26 HAD 1ST READING)
22) 03-50 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 3, 2003,
through October 25, 2003.
Fact Sheet (53K) Attachments (339K)
23) 03-51 Approving a contract between the City and the
Downtown Lincoln Association to operate and
regulate a Tuesday Open-Air Market in the
area of 12th Street from Q to R Streets and R
Street from 12th to 13th Streets from June 3,
2003 through June 24, 2003.
Fact Sheet (55K) Attachments (300K)
24) 03-52 Change of Zone 3397 - Application of the Near
South Neighborhood Association for a change
of zone from R-4 Residential to R-2
Residential on property generally located at
S. 24th Street to S. 26th Street, from South
Street to Sumner Street, consisting of
approximately nine blocks in the Franklin
Heights Local Landmark District. Fact Sheet (670K)
25) 03-53 Amending Title 6 of the Lincoln Municipal
Code relating to Animals to set minimum
penalties for violations of rabies
vaccination requirements for dogs; to
increase license fees for dogs; to increase
registration fees for dangerous and
potentially dangerous dogs; to set minimum
penalties for violations of rabies
vaccination requirements for cats; and to
increase license fees for cats.
26) 03-54 Amending Chapter 10.16 of the Lincoln
Municipal Code to change the penalty
provisions for second offense DWI and by
adding a new section relating to restrictions
on motor vehicles owned by persons convicted
of a second violation of LMC Section
10.16.030 or 10.16.040. Fact Sheet (8K)
ORDINANCES - 3RD READING
27) 03-45 Change of Zone 3395 - App. of Martin Luther
Homes Nebraska Housing for a change from B-1
Local Business to R-5 Residential on property
generally located at N. 63rd and Y St.
Fact Sheet (525K)
(PASSED, 7-0; #18152)
PENDING LIST - DATE CERTAIN
28) 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) (3/17/03 - LOST AS
AMENDED, 3-4; COOK, MCROY, SENG, WERNER
DISSENTING) (3/24/03 - To have Public Hearing &
Action on 4/14/03) Fact Sheet (10K), Attachment (25K)
PENDING LIST (EXTENDED ONE WEEK)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 03-21 Amending the corporate limits of the City by
annexing approx. 39.9 acres of property
generally located northwest of the
intersection of S. 84th St. & Hwy. 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) (3/17/03 - Placed on
Pending) Fact Sheet (257K) Substitute (28K)
39) 03-22 Change of Zone 3373 - App. of Pine Lake
Development, L.L.C. for a change from AGR
Agricultural Residential to R-3 Residential &
O-3 Office Park on property generally located
northwest of the intersection of S. 84th St.
& Highway 2. (In connection w/03-21, 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) (3/17/03 - Placed on Pending)
Fact Sheet (298K)
40) 03R-26 Accepting & approving the preliminary plat of Pine
Lake Plaza for nine residential lots, 12 lots for
office/commercial & three outlots, with waivers to
the required intersection platforms, non-radial or
perpendicular side lot lines, reconstruction of
Pine Lake Rd. to urban section, turning lane
depth, sewer system running opposite street grades
& deeper than standards, sidewalks, maximum block
length, & pedestrian way easement, on property
generally located northwest of the intersection of
S. 84th St. & Hwy. 2. (In connection w/03-21,
03-22, 03R-26, 03R-27) (2/3/03 - 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) (3/17/03 - Placed on
Pending) Fact Sheet (814K)
41) 03R-27 Use Permit 145 - App. of Pine Lake Development
L.L.C. to develop 192,900 sq. ft. of office &
commercial floor space, with a waiver of minimum
yard requirements, on property generally located
northwest of the intersection of S. 84th St. &
Hwy. 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) (3/17/03 - Placed on
Pending) Fact Sheet (737K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON APRIL 7, 2003, 1:30 P.M.: (APPROVED, 7-0)
42) 03R-79 Approving appropriations in the amount of $32,000
from the operation of Keno lottery for various
human services. Fact Sheet (39K) Attachments (51K)
43) 03R-80 Approving a Golf License Agreement between the
City and John O. Craw for professional golf
services at Holmes Golf Course and Clubhouse for a
period from May 1, 2003 through April 30, 2006.
Attachments (333K)
44) 03R-81 Approving a Golf License Agreement between the
City and Cory Fletcher for professional golf
services at Mahoney Golf Course and Clubhouse for
a period from May 1, 2003 through April 30, 2006.
Attachments (342K)
45) 03R-82 Reappointing George Hancock to the Board of Zoning
Appeals for a five-year term expiring May 2, 2008.
46) 03R-83 Amending the Mayor's Award of Excellence policy to
change the language under nomination procedure and
nomination criteria; to include clarification of
team winners for monthly and annual awards; and to
change the language under Mayor's Award of
Excellence Committee.
47) 03R-84 Special Permit 1672A - Application of Sprint PCS
to waive the landscape requirement on the north
and east sides of a broadcast tower at the North
Forty Golf Course, on property generally located
southwest of the intersection of North 84th Street
and Adams Street. Fact Sheet (140K)
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 (4/3/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/7/03).
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 7:39 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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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
http://www.lincoln.ne.gov
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History