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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 28, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application Application of B & B-Q Inc. dba "Cheerleaders Bar"
for a special designated liquor license in an area
measuring 65' by 75' at 5560 South 48th Street on
May 18, 2003 from 12:00 p.m. to 8:00 p.m. (ADOPTED
AS APPROVED, 7-0; A-82066)
2) Application Application of B & B-Q Inc. dba "Cheerleaders Bar"
for a special designated liquor license in an area
measuring 65' by 75' at 5560 South 48th Street on
June 15, 2003 from 12:00 p.m. to 1:00 a.m. (ADOPTED
AS APPROVED, 7-0; A-82067)
3) Application Manager application of Joshua J. Deery for
Lonestar Steakhouse & Saloon of Nebraska, Inc. dba
"Lone Star Steakhouse & Saloon" at 200 N. 70th Street.
(ADOPTED AS APPROVED, 7-0; A-82068)
4) Application Manager application of Gerri A. Anderson for
Fontenelle Oil Co. dba "Holiday Stationstore #117"
at 2200 N. 48th Street. (ADOPTED AS APPROVED, 7-0; A-82069)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 5 THRU 7 HAD 2ND READING)
5) 03-63 Authorizing and providing for the issuance of
revenue bonds of the Sanitary Sewer System of
the City of Lincoln.
6) 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.
7) 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.
PUBLIC HEARING - RESOLUTIONS
8) 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)
(ADOPTED, 7-0; A-82070)
9) 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
(ADOPTED, 7-0; A-82071)
10) 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
(ADOPTED, 7-0; A-82072)
11) 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
(ADOPTED, 7-0; A-82073)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
12) Setting the hearing date of Monday, May 12, 2003
at 1:30 p.m. for Man. App. of Daina D. Lammle for
Corporate Golf Marketing dba "Bunkers Sports Bar
and Grill" at 8901 Augusta Drive. (ADOPTED, 7-0;
A-82074)
13) Setting the hearing date of Monday, May 12, 2003
at 1:30 p.m. for App. of Lorabelle, Inc. dba "The
Grapevine" for an upgrade from a Class "I" liquor
license to a Class "C" liquor license at 2620
Stockwell. (ADOPTED, 7-0; A-82075)
14) MISCELLANEOUS REFERRALS
Investment of Funds from April 14 thru 18, 2003.
(ADOPTED, 7-0; A-82077)
Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended March 31, 2003.
(ADOPTED, 7-0; A-82078)
Report from City Treasurer of Telecommunications
Occupation Tax for the month of March, 2003:
USA Paging, Guaranteed Phone Service, AmericVision,
NOS Comm., Touch 1, ATT Wireless PCS LLC, TeleCorp,
Tri-M, Glyphics, Lightyear, Zone Telecom., LDMI,
GTC Telecom., Comdata, WorldXchange.(PLACED ON FILE)
Informal request for alley paving between 27th
and 28th Street, Fair to Potter Street signed by
Jerry L & Antonette J. Thomas.(REFER TO PUBLIC WORKS
DEPT.)
Setting the Hearing date of Monday, May 12, 2003 at 1:30
p.m. for App. of Lamp and McTaggart, Inc. dba "Fat Nappy's"
for an addition of an irregular shaped beer garden
approximately 70' x 125' on the south side of the current
premise at 5100 N. 48th Street.(ADOPTED, 7-0; A-82076)
REPORTS OF CITY OFFICERS
15) Clerk's Letter & Mayor's Approval of ordinances &
resolutions passed by Council on April 14, 2003.
(PLACED ON FILE)
16) Report of City Treasurer of Telecommunications
Occupation Tax for the month of January - March,
2003: Matrix, Claricom Networks, Aliant, Business
Telecom; Nextel West, NOSVA, Globalcom, VarTec,
I-Link, Association Administrators, Big Planet,
Affinity Network, NPCR dba Nextel.(PLACED ON FILE)
17) Report from City Treasurer of Franchise Tax from
Aquila for the month of March, 2003. (PLACED ON
FILE)
ORDINANCES - 1st READING (ITEMS 18 THRU 23 HAD 1ST READING)
18) 03-66 Amending Chapter 2.76 of the Lincoln
Municipal Code relating to Pregnancy Leave
and Reprimand to be consistent with federal
regulations and to include employees not
covered by a Union agreement.
19) 03-67 Change of Zone 3402 - Application of Dr. Dale
Capek for a change of zone from R-2
Residential District to O-2 Suburban Office
District on property generally located
northwest of the intersection of South 48th
and F Streets. Fact Sheet (215K)
20) 03-68 Declaring approximately 1.2 acres of property
generally located at the southwest corner of
Superior Street and Lewis Avenue as surplus
and authorizing the sale thereof. Fact Sheet (562K)
21) 03-69 Change of Zone 3396 - Application of Boyce
Construction for a change of zone from R-2
Residential District to R-4 Residential
District on property generally located at
North 70th Street north of Adams Street.
(In connection w/03R-107) Fact Sheet (506K)
22) 03-70 Amending the corporate limits of the City by
annexing approximately 142 acres of property
generally located northeast of N.W. 48th
Street and W. Holdrege Street. (In
connection w/03-71, 03R-108, 03R-109, 03R-110)
Fact Sheet (337K)
23) 03-71 Change of Zone 3390 - Application of Hubert
H. Hall for a change of zone from AG
Agricultural District to R-3 Residential
District on property generally located
northeast of N.W. 48th Street and W. Holdrege
Street. (In connection w/03-70, 03R-108,
03R-109, 03R-110) Fact Sheet (301K)
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
24) 03-57 Vacating R Street from the east line of 9th
Street to the west line of 10th Street.
Fact Sheet (203K)
(PASSED, 7-0; #18166)
25) 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)
(PASSED, 7-0; #18167)
26) 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.
(AMENDMENT #1 PASSED, 7-0; AMENDMENT #2 PASSED, 7-0;
AMENDED: DELETE WORDS "OR OCCUPANT", 7-0; PASSED AS
AMENDED, 7-0; #18168)
27) 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.
(PUBLIC HEARING CONTINUED & ACTION
DELAYED FOR TWO WEEKS TO MAY 12, 2003, 7-0)
28) 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)
(PASSED, 7-0; #18169)
29) 03-62 Amending various chapters of the Lincoln
Municipal Code to change references to "Fire
Department" to "Fire and Rescue Department".
(PASSED, 7-0; #18170)
30) 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) (4/21/03 - Action delayed for one week to
4/28/03) Fact Sheet (10K), Attachment (25K)
(AMENDMENT #7 ADOPTED, 4-3;CAMP, FRIENDT, SVOBODA
DISSENTING; AMENDMENT #6 ADOPTED, 6-1; CAMP DISSENTING;
INTEREST RATE AMENDMENT, 7-0; ADOPTED, 5-2; CAMP,
FRIENDT DISSENTING; A-82079)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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 MAY 5, 2003, 1:30 P.M.: (APPROVED, 7-0)
44) 03R-105 Approving the use of public right-of-way
for the installation of an 8" steam line
and a 4" condensate line under Vine
Street approximately 220 feet east of
the center line of North 17th Street to
provide steam to Abel and Sandoz Residence Halls.
Fact Sheet (71K)
45) 03R-106 Waiving the required pedestrian way easement and
the construction of a sidewalk in the easement
within Williamsburg Village 12th Addition on
property generally located at South 40th Street
and Pine Lake Road. Fact Sheet (570K)
46) 03R-107 Special Permit 2003 - Application of Boyce
Construction to develop 32 dwelling units, with a
waiver of the design standards to reduce the
required storm sewer easement from 30' to 20' on
property generally located at North 70th Street
north of Adams Street. (In connection w/03-69)
Fact Sheet (681K)
47) 03R-110 Approving the Hub Hall Heights Conditional
Annexation and Zoning Agreement between Highway
15, Inc., Charles Gary Gately, Trustee, and the
City of Lincoln outlining certain conditions and
understandings with regards to the annexation of
approximately 142 acres of land generally located
northeast of N.W. 48th Street and north of
Holdrege Street. (In connection w/03R-108, 03R-
109, 03-70, 03-71)
48) 03R-108 Special Permit 1995 - Application of Hubert H.
Hall to develop Hub Hall Heights Community Unit
Plan for 869 dwelling units on property generally
located northeast of N.W. 48th Street and W.
Holdrege Street. (In connection w/03R-109, 03R-
110, 03-70, 03-71) Fact Sheet (602K)
49) 03R-109 Approving and accepting the preliminary plat of
Hub Hall Heights for 356 lots and 5 outlots with
waivers to modify the land subdivision ordinance
to allow block lengths to exceed standards and
permit double frontage lots, on property generally
located northeast of N.W. 48th Street and W.
Holdrege Street. (In connection w/03R-108, 03R-110
03-70, 03-71) Fact Sheet (581K)
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 (4/30/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (5/5/03).
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 4:35 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