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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 7, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application Manager application of Scott A. Schlatter for
HyVee Inc. dba "HyVee #5" at 7151 Stacy Lane.
(ADOPTED FOR APPROVAL, 7-0; A-82025)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 2 THRU 6 HAD 2ND READING)
2) 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)
3) 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)
4) 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)
5) 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.
6) 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)
PUBLIC HEARING - RESOLUTIONS
7) 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)
(ADOPTED, 7-0; A-82026)
8) 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)
(ADOPTED, 7-0; A-82027)
9) 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)
(ADOPTED 7-0; A-82028)
10) 03R-82 Reappointing George Hancock to the Board of Zoning
Appeals for a five-year term expiring May 2, 2008.
(ADOPTED, 7-0; A-82029)
11) 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.(ADOPTED, 7-0; A-82030)
12) 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)
(ADOPTED, 7-0; A-82031)
13) Resolution Application of St. Thomas Aquinas
Church/Newman Center for one raffle and five
lottery permits for the following times:
June 1, 2003 to August 31, 2003 (raffle);
October 1, 2003 to October 31, 2003; November
1, 2003 to November 30, 2003; December 1,
2003 to December 31, 2003; January 1, 2004 to
January 31, 2004; February 1, 2004 to
February 28, 2004; (lotteries). Application
(ADOPTED, 7-0; A-82032)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
14) Setting the Hearing date of Monday, April 21, 2003
at 5:30 p.m for App. of Bag N Save Inc. dba "Bag N
Save" for a Class "D" liquor license at 4615 Vine
Street. (ADOPTED, 7-0; A-82033)
15) Setting the Hearing date of Monday, April 21, 2003
at 5;30 p.m. for App. of Dmack, Inc. dba "Legends"
for a Class "C" liquor license at 8300 Northwoods
Dr. (ADOPTED, 7-0; 82034)
16) MISCELLANEOUS REFERRALS
Clerk's Letter & Mayor's Approval of ordinances &
resolutions passed by Council on March 31, 2003.
(PLACED ON FILE)
Lincoln Water & Wastewater System recapitulation of
daily cash receipts for March 2003. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Change of Zone 3402 - App. of Dr. Dale Capek from
an R-2 to O-2 at 48th & Street. .
Pre-Existing Use Permit 3AB - App. of Westfield Shopping
Town Gateway to change sign locations & signs due to
name change at 6100 O Street.
Formal Petition for Ornamental Lighting District 286 at
27th Street to 20th Street and Van Dorn Street to High
Street submitted by Alan Hergenrader, Jackie Muir,
William M. & Debra K. Grauer, & Michalene B. & Steven R.
Sorensen. (REFERRED TO LAW DEPT.)
Setting the Hearing Date of April 21, 2003 at 5:30 p.m.
for Application of Denis Vontz dba "Highlands Golf Course"
for an upgrade from Class J to Class I liquor license at
5501 NW 12th Street. (ADOPTED, 7-0; A-82035)
REPORTS OF CITY OFFICERS
17) Investment of Funds from March 24 through 28,
2003. (ADOPTED, 7-0; A-82036)
18) Report of City Treasurer of Telecommunications
Occupation Tax for the month of February: Alltel
Comm. of Nebraska, MCI WorldCom, Sprint Comm., XO
Long Distance Services, Qwest, Teligent, Trac Fone
Wireless, McLeod USA, ACN Comm., OnStar, Primus,
Broadwing, Trans National, Virgin Mobile USA,
Touch America, Global Crossing, Shaffer,
WorldXchange, Telco Dev., Excel, Working Assets
Funding Service, AT&T Comm. of Midwest, Cricket,
Norstan Network, I-Link, Big Planet, Network
Billing Systems. (PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 19 AND 20 HAD 1ST READING)
19) 03-55 Vacating the north-south alley from the north
line of vacated Hatch Street running
northwesterly between Lot 18, Block 33,
Wrington Addition, and Lot 146 I.T., in the
Southeast Quarter of Section 35, Township 10
North, Range 6 East, generally located at 7th
and vacated Hatch Streets. Fact Sheet (284K)
20) 03-56 Vacating West M Street from the west line of
South Coddington Avenue to its termination,
approximately 300 feet west of the west line
of South Coddington Avenue. Fact Sheet (219K)
ORDINANCES - 3RD READING
21) 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.
(AMENDED, 7-0; PASSED AS AMENDED, 5-2;
CAMP & WERNER DISSENTNG; #18153)
22) 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.(REQUEST TO DELAY FOR
ONE WEEK, LOST, 3-4; CAMP, COOK, SVOBODA
ASSENTING; PASSED, 6-1; CAMP DISSENTING; #18154)
23) 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.(LOST, 1-6; FRIENDT
ASSENTING; #38-4440)
24) 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. (LOST, 0-7; #38-4441)
25) 03-46 Renaming S. 30th St. between O'Hanlon Dr. &
Grainger Parkway as "Laytonjohn Lane."
Fact Sheet (50K)
(PASSED, 7-0; #18155)
26) 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)
(PASSED, 7-0; #18156)
27) 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.
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18157)
28) 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".
(AMENDMENT LOST, 2-5; COOK & WERNER ASSENTING;
PASSED, 7-0; #18158)
PENDING LIST - DATE CERTAIN
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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 14, 2003, 1:30 P.M.: (APPROVED, 7-0)
43) 03R-88 Amending the University Place Redevelopment Plan
to provide for the acquisition of blighted and
substandard commercial/industrial properties for
the purpose of redevelopment, including Green's
Furnace and Plumbing Company building and property
in the vicinity of 48th and Madison Ave. Fact Sheet (324K)
44) 03R-89 Approving a waiver of the Land Subdivision
Ordinance requirements for the installation of
street trees, street lights, sidewalks, paving and
floodplain requirements in the Jacobson Addition
Administrative Final Plat on property generally
located at South 7th and N Streets. Fact Sheet (211K)
45) 03R-90 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of March
16 - 31, 2003. Fact Sheet (7K) Exhibit
46) 03R-91 Declaring the official intent of the City to
reimburse certain expenses in connection with the
Lincoln Mall Redevelopment Project from the
proceeds of the City of Lincoln, Nebraska Lincoln
Mall Redevelopment Project Tax Allocation Bonds.
47) 03R-92 Declaring the official intent of the City to
reimburse certain expenses in connection with the
Entertainment Center/Old Federal Building
Redevelopment Project from the proceeds of the
City of Lincoln, Nebraska Entertainment Center/Old
Federal Building Redevelopment Project Tax
Allocation Bonds.
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 (4/9/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/14/03).
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 2:45 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