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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 5, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT
NOTE: THERE WILL BE NO 5:30 P.M. MEETING DURING THE MONTH OF MAY
THERE WILL BE NO MEETING THE WEEK OF MAY 26TH
DUE TO THE MEMORIAL DAY HOLIDAY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application Manager application of Douglas B. Morris for Buggy
Bath East L.L.C. dba "Buggy Bath Car Wash East" at
8350 Northwoods Drive. (ADOPTED, 7-0; A-82080)
2) Application Manager application of Douglas B. Morris for Buggy
Bath West L.L.C. dba "Buggy Bath Car Wash West" at
1502 West O Street. (ADOPTED, 6-1; WERNER DISSENTING;
A-82081)
3) Application Application of J.J. Kat, Inc. dba "Brewsky's Food
& Spirits" for a Class "I" liquor license at 201
North 8th Street. (ADOPTED, 7-0; A-82082)
4) Application Manager application of Brian D. Kitten for J.J.
Kat, Inc. dba "Brewsky's Food & Spirits" at 201
North 8th Street. (ADOPTED, 7-0; A-82083)
5) Application Application of Dian Hua dba "Gourmet China Buffet"
for a Class "J" liquor license at 5130
North 27th Street. (PLACED ON PENDING INDEFINITELY, 7-0)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 6 - 11 HAD PUBLIC HEARING, SEE ITEMS 10 & 11)
6) 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.
7) 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)
8) 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)
9) 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)
10) 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) (CON'T. P.H. & ACTION IN
TWO WEEKS TO 5/19/03, 7-0)
11) 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)
(CON'T. P.H. & ACTION IN TWO WEEKS TO 5/19/03, 7-0)
PUBLIC HEARING - RESOLUTIONS
12) 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. (ADOPTED, 7-0; A-82084)
Fact Sheet (71K)
13) 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. (ADOPTED, 6-1, WERNER DISSENTING;
A-82085) Fact Sheet (570K)
14) 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) (ACTION DELAYED ONE WEEK TO 5/12/03, 7-0)
15) 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) (CON'T. P.H. & ACTION IN TWO WEEKS TO
5/19/03; 7-0)
16) 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) (CON'T. P.H. & ACTION IN TWO WEEKS TO
5/19/03; 7-0) Fact Sheet (602K)
17) 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) (CON'T. P.H. & ACTION IN TWO WEEKS TO
5/19/03; 7-0) Fact Sheet (581K)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
18) Formal Paving Petition District No. 2625 for North
57th Street Fremont to Hartley Streets, submitted by
Jennifer Knox. (REFERRED TO LAW DEPT.)
19) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Special Permit No. 421D - App. of Frank and Joan
Rall to expand limits and increase density
within the Special Permit by nine dwelling
units, located at 8110 "A" Street.
Special Permit No. 2013 - App. of Patricia Bush
Morton for a Daycare Center for 20 children,
located at 2418 So. 9th Street.
Special Permit No. 2014 - App. of Regal Building
Systems, Inc. to develop 61 multi-family units
located at North 24th and Dodge Streets.
Special Permit No. 2015 - App. of Nebraska
Broadcasting, LLC to construct a radio tower
at 33rd & Gladstone.
20) MISCELLANEOUS REFERRALS
Investment of Funds from April 21 thru 25, 2003.
(ADOPTED, 7-0; A-82086)
Report of Lincoln Electric System of their 2002
Annual Report. (PLACED ON FILE)
Report of Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for April 2003. (PLACED ON FILE)
Clerk's Letter & Mayor's Approval of ordinances & resolutions
passed by Council on April 28, 2003. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
21) Clerk's Letter & Mayor's Approval of ordinances &
resolutions passed by Council on April 21, 2003. (PLACED ON FILE)
22) Report of City Treasurer of Telecommunications
Occupation Tax for the month of January - March,
2003: Fast Phones of Nebraska, Corp.; for the
month of March, 2003: D & D Communications,
Inc.; Sprint Spectrum, L.P.; WWC License LLC;
Sprint Communication Company Limited Partnership;
Norstan Network Services, Inc.; MCI WorldCom
Network Service, Inc.; Network Billing Systems,
LLC; TELCO Development Group De Inc.; and Excel
Telecommunications, Inc. (PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 23 - 26 HAD 1st READING)
23) 03-72 Approving a lease agreement between the City
and Caterpillar Financial Services for a
three-year lease of a four-wheel articulated
frame loader for use by the Parks and
Recreation Department in construction and
maintenance projects.
Fact Sheet (58K) Attachment (338K)
24) 03-73 Change of Zone 3392 - Application of Aspen
Builders for a change of zone 5rom AGR
Agricultural Residential to R-3 Residential
on property generally located at S.W. 27th
Street and West "A" Street.
Fact Sheet (467K)
25) 03-74 Approving a four-year Agreement between the
City and Alltel for a 911 ANI/ALI Database,
Service and Maintenance of equipment at the
911 Communications Center, and E-911 Disaster
Recovery.
Attachment (598K)
26) 03-75 Approving a transfer of funds within the
Parks and Recreation Department CIP for
installation of additional area lights in Oak
Lake Park prior to the 4th of July
festivities and to allow a vegetative grass
cover to be established on recently acquired
park land located southeast of Coddington
Avenue and West Van Dorn Street.
Fact Sheet (45K)
ORDINANCES - 3RD READING
27) 03-63 Authorizing and providing for the issuance of
revenue bonds of the Sanitary Sewer System of
the City of Lincoln. (PASSED, 7-0; #18171)
28) 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. (PASSED, 7-0; #18172)
29) 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. (PLACD ON PENDING INDEFINITELY, 7-0)
PENDING LIST - DATE CERTAIN
30) 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.(4/28/03
- Con't. P.H. & Action delayed to 5/12/03)
(Substitute Ordinance to be considered to amend
Section 14.80.020 designating uses allowed with
and without a special permit, amending Section
14.92.040 to include non organic mulch.)
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 12, 2003, 1:30 P.M.: (APPROVED, 7-0)
44) 03R-111 Special Permit 1998 - Application of MJM Realty
Trust Group to construct a recreational facility
with indoor and outdoor tennis courts,
fitness/exercise area, gymnasium, lap pool,
children's learning center, pro shop and
concession area, with waivers to the required rear
yard setback and to exceed the maximum allowed
height in the AG District, on property generally
located southeast of the intersection of South
84th Street and South Street.
Fact Sheet 1 (1.26MB) Fact Sheet 2 (1.02MB)
45) 03R-112 Accepting and approving the preliminary plat of
Aspen Ridge 1st Addition for 30 residential lots
and a waiver of the required street trees along
S.W. 27th Street, on property generally located at
S.W. 27th Street and West "A" Street.
46) 03R-113 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of April
16 - 30, 2003.
Fact Sheet (7K) Attachment (32K)
47) 03R-114 Approving an Interlocal Agreement between the City
and Lincoln Public Schools to create an asset
banking program to account for shared services,
assets, facilities, and property.
Attachment (15K)
48) 03R-115 Approving a transfer of appropriations in the
amount of $28,123.29 from General Funds Account
01001.5628 (Discretionary Funds - Seng) to Account
409387.6138 to be used by the Parks and Recreation
Department for landscape plantings and replacing
park amenities.
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 (5/7/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (5/12/03).
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 - 3:30 P.M.
History