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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 21, 2003, AT 5:30 P.M.
NOTE: CITY COUNCIL MEETING OF MONDAY, APRIL 28, 2003
WILL BEGIN AT 1:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application Application of Dmacks, Inc. dba "Legends" for a
Class "C" liquor license at 8300 Northwoods Drive.
(ADOPTED FOR APPROVAL, 7-0; A-82048)
2) Application Manager application of Chad R. Meister for Dmacks,
Inc. dba "Legends" at 8300 Northwoods Drive.
(ADOPTED FOR APPROVAL, 7-0; A-82049)
3) Application Application of Bag 'N Save, Inc. dba "Bag 'N Save"
for a Class "D" liquor license at 4615 Vine Street.
(ADOPTED FOR APPROVAL, 7-0; A-82050)
4) Application Manager application of Helene R. Shrago for Bag 'N
Save, Inc. dba "Bag 'N Save" at 4615 Vine Street.
(ADOPTED FOR APPROVAL, 7-0; A-82051)
5) Application Application of Denis Vontz dba "Highlands Golf
Course" for an upgrade of a Class "J" liquor
license to Class "I" at 5501 N.W. 12th Street.
(ADOPTED FOR APPROVAL, 7-0; A-82052)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 6-11 HAD 2nd READING)
6) 03-57 Vacating R Street from the east line of 9th
Street to the west line of 10th Street.
Fact Sheet (203K)
7) 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)
8) 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.
9) 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.
10) 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)
11) 03-62 Amending various chapters of the Lincoln
Municipal Code to change references to "Fire
Department" to "Fire and Rescue Department".
PUBLIC HEARING - RESOLUTIONS
12) 03R-93 Reappointing James McKee, Jerry L. Berggren,
and Tim Francis to the Historic Preservation
Commission for three-year terms expiring
April 15, 2006. (ADOPTED, 7-0; A-82053)
13) 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. (ADOPTED, 7-0; A-82054)
14) 03R-95 Appointing Kevin Brown to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2005. (ADOPTED, 7-0; A-82055)
15) 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)
(ADOPTED, 7-0; A-82056)
16) 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(ADOPTED, 7-0; A-82057)
17) 03R-98 Approving a process and criteria for review
and approval of enhanced landscaping and/or
streetscape improvements in public right-of-
way areas. Attachment (ADOPTED, 7-0; A-82058)
18) 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(ADOPTED, 7-0; A-82059)
19) 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. (ADOPTED, 7-0; A-82060)
RECONSIDERATION WITH PUBLIC HEARING & ACTION
20) 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. (RE-ADOPTED, 7-0; A-82042)
Fact Sheet (7K) Attachment
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
21) Formal Ornamental Lighting Petition 286 for
27th Street to 20th Street, Van Dorn Street to
High Street, submitted by Robin Kremer, John
Neal, Florence Haskins, and Patricia Haskins
Sileo. (Referred to Law Dept.)
22) Setting the hearing date of Monday, May 5,
2003 at 1:30 p.m. for the corporate manager
application of Douglas B. Morris for Buggy
Bath East, L.L.C. dba Buggy Bath Car Wash
East, located at 8350 Northwoods Drive.
(ADOPTED, 7-0; A-82061)
23) Setting the hearing date of Monday, May 5,
2003 at 1:30 p.m. for the corporate manager
application of Douglas B. Morris for Buggy
Bath West, L.L.C. dba Buggy Bath Car Wash
West, located at 1502 West "O" Street.
(ADOPTED, 7-0; A-82062)
24) Setting the hearing date of Monday, May 5,
2003 at 1:30 p.m. for the application of JJ
Kat Inc. dba Brewsky's Food & Spirits for a
Class I liquor license, located at 201 N. 8th
Street. (ADOPTED, 7-0; A-82063)
25) Setting the hearing date of Monday, May 5,
2003 at 1:30 p.m. for the application of Dian
Hua dba Gourmet China Buffet for a Class J
liquor license, located at 5130 N. 27th
Street. (ADOPTED, 7-0; A-82064)
26) The following were referred to the Planning Dept.:
Change of Zone No. 3401 - App. of Marc
Wullschleger from an R6 to B3
generally located at 2645 P Street, 2601
P Street, and 135 N. 27th Street.
Change of Zone No. 3403 - App. of Kent
Seacrest from I-1 to B-4
generally located at 721 "K" Street.
Change of Zone No. 3404 - App. of Peter W.
Katt from R-3 to H-3 generally located
at 6340 N. 27th Street.
Change of Zone No. 3405 - App. of Director of
Public Works & Utilities for a text
change to Section 27.81.010. Relating to
erosion and sediment control threshold.
Special Permit No. 622F - App. of Ross
Engineering, Inc. representing
Lakeside Partners, L.L.C. for a C.U.P.
generally located at Lakeside Drive and
Surfside Drive.
Special Permit No. 846B - App. of The Clark
Enersen Partners, representing Christ
Lutheran Church for increased lot
coverage at 4325 Sumner Street.
Special Permit No. 2005 - App. of Brian D.
Carstens representing Gene A. & Patricia
M. Schmidt to create a C.U.P. located at
2105 South Coddington Avenue.
Special Permit No. 2007 - App. of Craig
Chesnut, representing W. R. Lesoing to
sell liquor, On Sale Beer & Wine, Class
J at 1000 Saunders Ave.
Special Permit No. 2008 - App. of Red Robin
International, Inc. to allow the sale of
alcohol generally located at 27th & Pine
Lake Rd.
Special Permit No. 2009 - App. of Brian D.
Carstens, representing Eugene T. & Jo
Ann L. Benes to create a garden center
at 6901 West "O" Street.
Special Permit No. 2010 - App. of Olsson
Associates, representing Ridge
Development Co. & Southview, Inc. to add
a town home development generally
located at South 30th & Yankee Hill
Road; along South 30th Street.
Special Permit No. 2011 - App. of Olsson
Associates, representing Andermatt
L.L.C. for a waiver of design standards
for a Early Childhood Dev. Ctr.
generally located at S. 91st Street and
Heritage Lakes Drive.
27) MISCELLANEOUS REFERRALS
Informal petition for creation of a Sewer, Water
and Paving District in Lazy Acres neighborhood,
submitted by Richard Baeder. (REFERRED TO PUBLIC WORKS)
Formal Paving Petition 2626 for West South Street, SW 23rd St
to SW 27th Street and SW 27th St. West South Street to West
"A" Street, submitted by Duane Hartman of Hartland Homes.
(REFERRED TO LAW DEPT.)
Report of City Treasurer of Monthly Cash Report for the month
of April, 2003. (PLACED ON FILE)
Report of City Law Department of their Annual Report for 2002.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
28) Investment of Funds from April 7 through April 11, 2003.
(ADOPTED, 7-0; A-82065)
29) Report of UNL Microbiologist for water
testing done for the month of March, 2003.
(Placed on file)
30) Clerk's Letter & Mayor's Approval of
ordinances & resolutions passed by
Council on April 7, 2003. (Placed on file)
ORDINANCES - 1st READING (ITEMS 31-33 HAD 1st READING)
31) 03-63 Authorizing and providing for the issuance of
revenue bonds of the Sanitary Sewer System of
the City of Lincoln.
32) 03-64 Authorizing and providing for the issuance of
not to exceed $55,000,000 aggregate principal
amount of Lincoln Sanitary Sewer System
Revenue and Refunding Bonds, and related
matters.
33) 03-65 Amending Chapter 4.62 of the Lincoln
Municipal Code to establish a Police and Fire
Pension Plan Board of Trustees to provide
oversight and direction with regard to the
investment of the assets of the Police and
Fire Pension Plans.
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
34) 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. (PASSED, 7-0; #18164)
Fact Sheet (284K)
35) 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. (AMENDED, 7-0; PASSED AS
AMENDED, 7-0; #18165)
Fact Sheet (219K)
36) 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) (4/14/03 - Tie Vote
3-3; Werner Absent, carried over to 4/21/03
for Action Only) Fact Sheet (10K), Attachment (25K)
(ACTION DELAYED ONE WEEK TO 4/28/03, 4-3, CAMP, FRIENDT
& SVOBODA DISSENTING)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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 28, 2003, 1:30 P.M.: (APPROVED, 7-0)
50) 03R-101 Approving a 1 year/200 hour lease with option
to renew for three one-year periods between
the City and Platte Valley Equipment Company
to provide a mechanical front wheel assisted
tractor to apply biosolids generated at the
Northeast Wastewater Treatment Facility.
Fact Sheet (58K)
51) 03R-102 Approving an agreement between the City and
the State for FHWA Surface Transportation
Program Funds for construction of east/west
dual-left-turn lanes and traffic signals at
27th and O Street. Fact Sheet (60K) Attachment
52) 03R-103 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth therein for
the period of April 1-15, 2003.
Fact Sheet (7K) Attachment
53) 03R-104 Approving an agreement between the City and
the University of Nebraska to continue the
current transportation program in which
StarTran provides bus service in conjunction
with the UNL Transportation Program.
Fact Sheet (55K) Attachment
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 (4/23/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/28/03).
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 - 8:20 P.M.
History