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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 14, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT, EXCEPT WERNER
NOTE: CITY COUNCIL MEETINGS SCHEDULE FOR APRIL, 2003
APRIL 21, 2003 - 5:30 P.M.
APRIL 28, 2003 - 1:30 P.M.
MAYOR'S AWARD OF EXCELLENCE
presented to Brock Wagner of the Lincoln Police Dept.
in the categories of Safety and Productivity.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application Application of Viviana Grassi-Larsen dba "Sur
Tango Bar & Cafe" for an upgrade of a Class "I"
liquor license to Class "C" at 1228 P Street.
(ADOPTED FOR APPROVAL, 6-0; A-82037)
2) Application Application of JAN-AL Inc. dba "Simply Paradise
Social Hall" for a Class "I" liquor license at
3235 North 35th Street. (ADOPTED FOR APPROVAL, 6-0; A-82038)
3) Application Manager application of Janet L. Crosby for JAN-AL
Inc. dba "Simply Paradise Social Hall" at 3235
North 35th Street. (ADOPTED FOR APPROVAL, 6-0; A-82039)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 4 & % HAD 2ND READING)
4) 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)
5) 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)
PUBLIC HEARING - RESOLUTIONS
6) 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)
(MOTION TO DELAY ONE WEEK, 3-3, CAMP, FRIENDT, & SVOBODA
DISSENTING; MOTION TO ADOPT, 3-3, COOK, MCROY, & SENG DISSENTING;
DUE TO TIE VOTE WILL CARRY OVER FOR ACTION ONLY TO 4/21/03)
7) 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) (ADOPTED, 6-0; A-82040)
8) 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)
(ADOPTED, 6-0; A-82041)
9) 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
(ADOPTED, 6-0; A-82042)
10) 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.
(ADOPTED, 6-0; A-82043)
11) 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. (MOTION TO AMEND, 6-0; ADOPTED AS
AMENDED, 6-0; A-82044)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
12) Setting the hearing date of Monday, April 28, 2003
@ 1:30 p.m. for the manager application of Joshua
J. Deery for Lonestar Steakhouse & Saloon
of Nebraska, Inc. dba Lone Star Steakhouse &
Saloon, located at 200 N.70th St. (ADOPTED, 6-0; A-82045)
13) Setting the hearing date of Monday, April 28, 2003
@ 1:30 p.m. for the manager application of Gerri
A. Anderson for Fontenelle Oil Co. dba Holiday
Stationstore #117, located at 2200 N. 48th St.
(ADOPTED, 6-0; A-82046)
14) MISCELLANEOUS REFERRALS
Informal petition for creation of a Paving District on Morgan
Street from West Benton, north approximately 350 ft. submitted
by Mike Poe. (REFERRED TO PUBLIC WORKS)
Report of City Treasurer of Monthly Cash Report fro the month
of April, 2003. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
15) Investment of Funds from March 31 through April 4, 2003.
(ADOPTED, 6-0; A-82047)
16) Report of City Treasurer of Telecommunications
Occupation Tax for the fourth quarter of 2002:
AmeriVision Communications, Inc.; amended -
AmeriVision Communications, Inc.; for the month of
February, 2003: Alyon Technologies, Inc.; IBM
Global Services - NS Div.; Star Number, Inc.;
United Systems Access Telecom; Quantum Shift
Communications; Intellicall Operator Services;
Bell Atlantic Communications; Nebraska Technology
& Telecommunications, Inc.; for the month of
March, 2003: ATS Mobile Telephone Co., Inc.
(PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 17 - 22 HAD 1ST READING)
17) 03-57 Vacating R Street from the east line of 9th
Street to the west line of 10th Street.
Fact Sheet (203K)
18) 03-58 Declaring approximately 0.3 acres of the
Highlands South Park property located at W.
Katleman Drive and N.W. Fairway Drive, as
surplus and authorizing the sale thereof.
Fact Sheet (266K)
19) 03-61 Amending Chapter 12.20 of the Lincoln
Municipal Code to expand the types of
landscape plantings allowed within the
sidewalk space in public right-of-way areas.
20) 03-59 Amending Chapter 14.80 of the Lincoln
Municipal Code relating to Sidewalk
Construction by amending Section 14.80.010 to
designate permitted uses of the space between
the lot line and curb (sidewalk space) and
adding a new section numbered 14.80.015 to
provide for the use of decorative gravel or
rock mulch in the sidewalk space.
21) 03-60 Approving a multi-year contract between the
City and the Nebraska Department of
Environmental Quality for the planning,
consulting, engineering, design, and
construction activities and costs associated
with the Water Quality Rehabilitation Project
at Holmes Lake. Fact Sheet (63K) Attachment (609K)
22) 03-62 Amending various chapters of the Lincoln
Municipal Code to change references to "Fire
Department" to "Fire and Rescue Department".
ORDINANCES - 3RD READING
23) 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. (PASSED, 6-0; #18159)
Fact Sheet (53K) Attachments (339K)
24) 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. (PASSED, 6-0; #18160)
Fact Sheet (55K) Attachments (300K)
25) 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. (PASSED, 6-0; #18161)
Fact Sheet (670K)
26) 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. (PASSED, 6-0; #18162)
27) 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)
(PASSED, 6-0; #18163)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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 21, 2003, 5:30 P.M.: (APPROVED, 6-0)
41) 03R-93 Reappointing James McKee, Jerry L. Berggren,
and Tim Francis to the Historic Preservation
Commission for three-year terms expiring
April 15, 2006.
42) 03R-94 Reappointing Matt Morrissey, Roger Kreifels,
Doug Biggerstaff, Mike McNiff, and Mike Berry
to the Gas Piping Exam Board for a three-year
term expiring April 1, 2006.
43) 03R-95 Appointing Kevin Brown to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2005.
44) 03R-96 Appointing Jolanda Junge and Leon Caldwell,
Ph.D. to the Parks and Recreation Advisory
Board for terms expiring April 27, 2005 and
April 27, 2006, respectively. Application (125K)
45) 03R-97 Approving a modification of the Land
Subdivision Ordinance in the final plat of
Pine Lake Heights South 7th Addition to allow
a delay in the construction of a portion of
Grainger Parkway, generally located northwest
of the intersection of South 40th Street and
Yankee Hill Road, until the abutting property
is final platted. Fact Sheet
46) 03R-98 Approving a process and criteria for review
and approval of enhanced landscaping and/or
streetscape improvements in public right-of-
way areas.
47) 03R-99 Adopting the changes in the Access Rules that
have been proposed by the Cable Television
Advisory Board. Fact Sheet
Attachment 1 Attachment 2
48) 03R-100 Authorizing the Mayor to execute a multi-year
contract when funding comes from more than
one fiscal year C.I.P. budget for the Holmes
Lake Restoration project.
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 (4/16/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/21/03).
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 - 2:50 P.M.
History