|
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 16, 2003, AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT WERNER
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Havelock Business Association to
expand their previously approved special
designated liquor license (Resolution No. A-82108
adopted June 2, 2003) to include Misty's
Restaurant parking lot area measuring
approximately 100' by 130' immediately adjacent to
the west on June 21, 2003 from 4:00 p.m. to 1:30
a.m. on property generally located at 63rd Street
and Havelock Ave. (ADOPTED FOR APPROVAL, 6-0;
A-82143)
2) Application of Kramer Enterprises, Inc. dba
Lancaster's to expand its Class C liquor license
by an addition of a beer garden area measuring 19'
by 23' to the north on property generally located
at 3800 Old Cheney Road making the total license
premises as an Irregular shaped one story building
approximately 39' by 90', plus beer garden 19' by
23' to the North, Cheney Ridge Shopping Center.
(ADOPTED, FOR APPROVAL, 6-0; A-82144)
3) Application of Summit Properties, L.L.C. dba
Sidelines Deli for a Class J liquor license at
1000 Saunders Ave.(ADOPTED FOR APPROVAL, 6-0;
A-82145)
4) Manager Application of Mark Brouillette for
Summit Properties, L.L.C. dba Sidelines Deli at
1000 Saunders Ave. (ADOPTED FOR APPROVAL, 6-0;
A-82146)
5) Application of Mettlen, Inc. dba Jax for a Class C
liquor license at 2711 South 48th Street.
(ADOPTED FOR APPROVAL, 6-0; A-82147)
6) Manager Application of Eugene Podolak for Mettlen,
Inc. dba Jax at 2711 South 48th Street.
(ADOPTED FOR APPROVAL, 6-0; A-82148)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEM 7 HAD 2ND READING; SEE FURTHER ACTION)
7) 03-94 Approving a lease/purchase between the City
and the lowest successful bidder for a
portable video message board at Pershing
Auditorium. (Request 2nd & 3rd Readings
6/16/03)(RULES WAIVED TO HAVE 2ND & 3RD READING
THIS DATE, 6-0; AMENDED, 6-0; PASSED AS
AMENDED, 6-0; #18200)
PUBLIC HEARING - RESOLUTIONS
8) Application of St. John's Catholic Church at 731
Skyway Road to conduct a lottery within the City
of Lincoln from June 21, 2003 through September
21, 2003. (ADOPTED, 6-0; A-82149)
9) 03R-148 Approving the Fiscal Year 2003 Action Plan: One
Year Use of Funds for Consolidated Plan for HUD
Entitlement Programs.
Fact Sheet (90K)
(ADOPTED, 6-0; A-82150)
10) 03R-149 Special Permit 1869B - Amending the Knights Court
Community Unit Plan to reduce certain side yard
setbacks from 8' to 5' on Lots 11, 12, and 13,
Block 1, on property generally located at
60th and South Streets.
Fact Sheet (282K)
(ADOPTED, 6-0; A-82151)
11) 03R-150 Special Permit 2015 - Application of Nebraska
Broadcasting, L.L.C. to erect a 227' broadcast
tower for AM band radio, with a waiver of the
landscape screening requirements, on property
generally located northwest of the intersection of
North 33rd Street and Gladstone Street.
Fact Sheet (828K)
(AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; A-82152)
12) 03R-151 Approving a Real Estate Sales Agreement between
the Public Building Commission and David W.
Seevers and Marcie M. Scharton for the acquisition
of property generally located at 710 S.
8th Street. (ADOPTED, 6-0; A-82153)
13) 03R-152 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of May 16,
to 31, 2003.
Fact Sheet (828K)
Attachment (31K)
(ADOPTED, 6-0; A-82153)
14) 03R-153 Approving the appointment of Jonathan Cook to the
Public Building Commission to fulfill an unexpired
term for a term expiring August 1, 2004.
(ADOPTED, 6-0; A-82155)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
15) Setting the hearing date of Monday, June 30, 2003
at 5:30 p.m. for the App. of 1515-23 Market Street
Inc. dba "Best Western Airport Inn" for a Class
"C" liquor license at 3200 NW 12th Street.
(ADOPTED, 6-0; A-82156)
16) Formal petition for Ornamental Lighting District
#286 at 27th Street to 20th Street, Van Dorn Street
to High Street submitted by Leigh Anne Haefle,
Kurt and Kristin Wulser, Salinda and Richard Thompson,
Cheryl Cullum and Meghan Timming, Ryan Sailer
and Connie N. and David T. Duncan.
(REFERRED TO LAW DEPT.)
17) THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Pre-existing Use Permit/Special Permit 10a - App.
of East Park Plaza to amend the site plan to
reflect right-of-way acquisition.
Special Permit 2024 - App. of AT&T Wireless to
construct a telecommunication tower at 6000 A
Street.
Change of Zone 3411 - App. of Eiger Corporation to
change from AG & AGR to B-5 at South of
Highway 2, 84th Street to
91st Street.
Use Permit 150 - App. of Eiger Corporation for
Phase II of Appian Way Regional Development.
18) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances and
Resolutions passed by Council on June 9, 2003.
(PLACED ON FILE)
Report of UNL Microbiologist for water testing for the
month of May, 2003. (PLACED ON FILE)
App. of Nebraska Children's Home Society Foundation to
conduct a raffle within the City of Lincoln.
(Need motion to set hearing date of 6/23/03 at 1:30 p.m.)
(APPROVED, 6-0)
Setting the hearing date of Monday, June 30, 2003 at
5:30 p.m. for App. of PRA, Inc. dba "Misty's Steakhouse
& Brewery" at 200 N. 11th Street.
(ADOPTED, 6-0; A-82157)
REPORTS OF CITY OFFICERS
19) Investment of funds for the week of June 2 thru
June 6, 2003. (ADOPTED, 6-0; A-82158)
20) Accepting the assessment resolutions for Special
Assessment Group I, Board of Equalization meeting
to be held Monday, June 23, 2003 at 10:00 a.m.
(APPROVED, 6-0)
21) Affidavit of Mailing for Board of Equalization
Special Assessment Group I to be held on Monday,
June 23, 2003, 10:00 a.m. (PLACED ON FILE)
ORDINANCES - 1st READING - NONE
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
22) 03-85 Amending Chapter 2.76 of the Lincoln
Municipal Code relating to leaves of absence
without pay to reflect current procedures and
to disability retirement to make the
provisions consistent with the Ameritas plan
document. (PASSED, 6-0; #18191)
23) 03-86 Amending Ordinance No. 18048 relating to pay
schedules of employees whose classifications
are assigned to the pay range prefixed by the
letter E by amending the pay range for the
job classification of Executive Secretary.
(PASSED, 6-0; #18192)
24) 03-87 Amending Ordinance 18047 relating to the pay
schedules of employees whose classifications
are assigned to the pay range which is
prefixed by the letter A by creating the job
classification of Assistant Sanitary Engineer
and deleting the job classifications of
Program Supervisor, Asst. Chief - Division of
Environmental Health, and Staff Development
Coordinator. (PASSED, 6-0; #18193)
25) 03-88 Approving the amended and restated Plan
Document for the 457 Deferred Compensation
Plan with Ameritas, as revised for IRS
compliance. (PASSED, 6-0; #18194)
26) 03-89 Repealing Ordinance No. 17993 which created
Re-paving District No. 154 in Saunders Ave.,
12th St. to 14th Street.
Fact Sheet (60K)
(PASSED, 6-0; #18195)
27) 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) (6/9/03 - Removed from Pending
for Action 6/16/03)
Fact Sheet (257K)
Substitute (28K)
(ACCEPTED SUB. ORDINANCE, 5-0;
NEWMAN ABSTAINING; PASSED, 5-0; NEWMAN ABSTAINING;
#18196)
28) 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) (6/9/03 -
Removed from Pending for Action 6/16/03)
Fact Sheet (298K)
(PASSED, 5-0; NEWMAN ABSTAINING; #18197)
29) 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) (6/9/03 - Removed from Pending for
Action 6/16/03)
Fact Sheet (737K)
(ADOPTED AMENDMENT #2, 5-0; NEWMAN ABSTAINING;
ADOPTED AS AMENDED, 5-0; NEWMAN ABSTAINING; A-82159)
30) 03R-26 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)
(6/9/03 - Removed from Pending for Action
6/16/03)
Fact Sheet (737K)
(ADOPTED, 5-0; NEWMAN ABSTAINING; A-82160)
31) 03R-141 Approving an Annexation Agreement between Ridge
Development Company and the City of Lincoln
outlining certain conditions and understandings
with regards to the annexation of approximately
46.22 acres of property generally located
northeast of the intersection of South 56th Street
and Yankee Hill Road. (In connection w/03-90,
03-91, 03R-142) (6/9/03 Delay Action 1 wk to
6/16/03)
Attachment (28K)
(ADOPTED AMENDMENT #2, 5-0; NEWMAN ABSTAINING;
ADOPTED AS AMENDED, 5-0; NEWMAN ABSTAINING; A-82161)
32) 03-90 Amending the corporate limits of the City by
annexing approximately 46.22 acres of
property generally located northeast of the
intersection of South 56th Street and Yankee
Hill Road. (In connection w/03-91,
03R-141, 03R-142)
Fact Sheet (352K)
(PASSED, 5-0; NEWMAN ABSTAINING; #18198)
33) 03-91 Change of Zone 3362- Application of Ridge
Development Company for a change of zone from
AG Agricultural to R-3 Residential on
property generally located northeast of the
intersection of South 56th Street and Yankee
Hill Road. (In connection w/03-90,
03R-141, 03R-142)
Fact Sheet (364K)
(PASSED, 5-0; NEWMAN ABSTAINING; #18199)
34) 03R-142 Accepting and approving the preliminary plat of
Big Thompson Creek consisting of 158 residential
lots and 4 outlots with waivers to the required
block length, pedestrian easement where a block
exceeds 1000 feet, 3% grade intersection approach,
sanitary sewer flow, and lot lines not
perpendicular to right-of-way lines on property
generally located northeast of the intersection of
South 56th Street and Yankee Hill Road. (In
connection w/03-90, 03-91, 03R-141) (6/9/03
- Delay Action 1 wk to 6/16/03)
Fact Sheet (1MB)
(ADOPTED, 5-0; A-82162)
PENDING LIST - DATE CERTAIN
35) 03-92 Change of Zone 3290 - Application of Carl R.
Schmidt for a change of zone from AGR
Agricultural Residential to R-1 Residential
on property generally located at Old Cheney
Road and Frontier Road. (In connection
W/03R-145) (6/9/03 - Con't P.H. &
delay Action 2 wks to 6/23/03)
Fact Sheet (317K)
36) 03R-145 Accepting and approving the preliminary plat of
Frontier Meadows consisting of 3 residential lots
with waivers to the required street paving and
stormwater drainage on property generally located
at Old Cheney Road and Frontier Road. (In
connection w/03-92) (6/9/03 - Con't P.H. &
delay Action 2 wks to 6/23/03)
Fact Sheet (585K)
37) 03R-131 Approving an Agreement between the City and the
Nebraska Department of Roads for City Project No.
546007 for the proposed funding of a roundabout at
the intersection of S. 40th Street and Sheridan
Blvd. (6/2/03 - Public Hearing Con't. & Action
delayed to 7/14/03)
Fact Sheet (60K)
Agreement (387K)
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM #47)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) Application of Dian Hua dba "Gourmet China Buffet"
for a Class "J" liquor license at 5130 North 27th
Street. (5/5/03 - Placed on Pending, until
applicant interviewed & police report
complete)(WITHDRAWN, 6-0; #38-4444)
48) 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. (05/05/03 - Placed on
Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 23, 2003 @ 1:30 P.M.: (APPROVED, 7-0)
(SEE ITEM #50)
49) 03R-154 Appointing Terry Werner to the Joint Budget
Committee to fill the unexpired term of Coleen
Seng expiring August 31, 2003.
50) 03R-155 Appointing Ken Svoboda to the Railroad
Transportation Safety District to fill the
unexpired term of Coleen Seng expiring August 31,
2003. (WAIVED RULES OF HAVE ACTION THIS DATE, 6-0;
ADOPTED, 6-0; A-82163)
51) 03R-156 Reappointing Jonathan Cook to the Parks and
Recreation Advisory Board for a three-year term
expiring April 17, 2006.
52) 03R-157 Appointing Edward Wimes to the City Personnel
Board for a five-year term expiring June 22, 2008.
Application (87K)
53) 03R-158 Special Permit 617B - Application of Sutter Place
Partners to amend the Sutter Place Apartments
Community Unit Plan to revise the building
envelopes on property generally located at South
48th Street and Claire Avenue.
Fact Sheet (576K)
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 (6/18/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (6/23/03).
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 3:16 P.M.
****
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.
****
History