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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 30, 2003, AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT COOK
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of 1515-23 Market St., Inc. dba Best Western
Airport Inn for a Class C liquor license at 3200 N.W.
12th Street. (ADOPTED FOR APPROVAL, 6-0; A-82172)
2) Manager application of Steven Michael Rudolph for 1515-23
Market St., Inc. dba Best Western Airport Inn at 3200 N.W.
12th Street. (ADOPTED FOR APPROVAL, 6-0; A-82173)
3) Application of PRA Inc. dba Misty's Steakhouse & Brewery
for a Class C/L liquor and catering license at 200 N.
11th Street. (ADOPTED FOR APPROVAL, 6-0; A-82174)
4) Manager application of Chad W. Carlson for PRA Inc. dba
Misty's Steakhouse & Brewery at 200 N. 11th Street.
(ADOPTED FOR APPROVAL, 6-0; A-82175)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEM # 5 HAD 2ND READING)
5) 03-93 Creating Alley Paving District No. 362A in the east/west
alley from 48th to 49th Streets between Lowell and
Meredeth and assessing the costs thereof against the
benefitted properties.
PUBLIC HEARING - RESOLUTIONS
6) 03R-159 Special Permit 228J - Application of Larry and Gay Nelson
to reduce the front yard setback from 19.5 feet to 15 feet
on property generally located at 472 West Lakeshore Drive.
Fact Sheet (210K)
(ADOPTED, 6-0; A-82176)
7) 03R-160 Approving an Interlocal Agreement between the City and
County to cooperate in providing a receptionist to serve
both the City Council and the Lancaster County Board.
Attachment (15K)
(ADOPTED, 6-0; A-82177)
8) 03R-161 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
therein for the period of June 1 - 15, 2003.
Fact Sheet (5K)
Attachment (31K)
(ADOPTED, 6-0; A-82178)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
9) Formal Petition to vacate public way at South 22nd Street
from north line of Wesley Drive to 120.00 feet north of
the north line of Wesley Drive submitted by Thomas L. &
Deborah P. Folsom and Susan G. & Donald R. Brouse.
(REFERRED TO LAW DEPT.)
10) THE FOLLOWING WERE REFERRED TO PLANNING DEPT.
Pre-existing Special Permit 29A - App. of Duane Hartman
Investments Inc. for an interior expansion of premise
area for off premise sale of alcohol from the west end
of the building to cover entire building @ 640 West
Prospector Court.
Use Permit 123A - App. of Donald Linscott, Landstar LLC,
to permit a rear yard reduction from 20 to 17 feet at
North 33rd Street and North 33rd Circle.
Use Permit 151 - App. Austin Realty Investments for two
office buildings at 8030 and 8100 O Street.
Special Permit 1123B - App. of Ron Buchinski to provide
men's shelter & provision for future expansion for
People's City Mission at 110 Q Street.
Special Permit 1965 - App. of Hartland Homes Inc.
to develop 13 single family lots, 74 townhome lots
and 2 outlots at Northwest 48th Street & West Adams
Street.
Special Permit 1992 - App. of Pat Mooberry, Caseyco, Inc.
to subdivide for single family at 70th and Pine Lake
Road (Northshore Drive).
Special Permit 1672B - App. of Alltel Communications to
extend & install antennas on an existing communications
tower at 8101 Adams Street.
Change of Zone 3387 - App. of Pat Mooberry, Caseyco, Inc.
to change from Ag to R3 at 70th and Pine Lake Road
(Northshore Drive).
Change of Zone 3413 - App. of Landon's and Regalton
Neighborhood Assn. To change from R-4 to R-2 generally
located at 24th Street between Superior and Dodge Streets.
11) Setting the hearing date of Monday, July 14, 2003 at
1:30 p.m. for App. of Red Robin International, Inc. dba
Red Robin America's Gourmet Burgers and Spirits for a
Class "I" liquor license at 2707 Pine Lake Road.
(ADOPTED, 6-0; A-82179)
12) Setting the hearing date of Monday, July 14, 2003 at
1:30 p.m. for App. of Levy Premium Food Service LTD dba
Levy Restaurant for a liquor catering license at Haymarket
Park, 403 Line Drive Circle.(ADOPTED, 6-0; A-82180)
13) Setting the hearing date of Monday, July 14, 2003 at
1:30 p.m. for App. of Valentino's Inc. for a deletion
to current premises of approx. 20' x 45' at 232 N
13th Street. (ADOPTED, 6-0; A-82181)
14) Formal Petition to Vacate Public Way the east-west alley
in Block 1, Tresters Addition from the east line of North
26th Street to the West line of North 27th Street submitted
by the City of Lincoln, Nebraska. (REFERRED TO LAW DEPT.)
15) Formal Petition to Vacate Public Way the east-west alley in
Block 1, Tresters Addition from the East line of North 26th
Street to the West line of North 27th Street submitted by
B & J Partnership , Ltd. (REFERRED TO LAW DEPT.)
16) MISCELLANEOUS REFERRALS
Formal Petition for Ornamental Lighting District 286 at 27th
Street to 20th Street and Van Dorn Street to High Street
submitted by Thomas R. Wilmoth. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
17) Clerk's Letter & Mayors Approval of Ordinances & Resolutions
passed by Council on June 23, 2003. (PLACED ON FILE)
18) Investment of Funds from June 16 thru June 20, 2003.
(ADOPTED, 6-0; A-82182)
19) Report of City Treasurer for Telecommunications Occupation
Tax for the month of April, 2003: Nebraska Technology &
Telecomm.; May, 2003: Cellular One, Nextel Partners,
ATT Wireless Services, Nextel West Corp., LDMI Telecomm.,
NOSVA Limited Partnership, Globalcom, Inc., GTC Telecom.,
Inc., Assoc. Administrators, Comdata Tele Services, Zone
Telecom., Inc. Lightyear Comm., Guaranteed Phone Service,
VarTec Telecomm., Glyphics Comm., WorldXchange Corp.,
Big Planet, Inc., Telco Dev., Excel Telecomm., I-Link
Comm., NOS Comm., USA Paging, LLC, Tri-M Comm., Affinity
Network, Inc., ATS Mobile Telephone Co., OCMC, Inc.
(PLACED ON FILE)
20) Report of City Treasurer of franchise tax for the month
of May, 2003 from Aquila. (PLACED ON FILE)
21) Lincoln Electric System 2002 Community Service Report.
(PLACED ON FILE)
22) Nebraska Girls and Technology Status Report from the
Lincoln Lancaster Women's Commission. (PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 23 THRU 25 HAD 1ST READING)
23) 03-95 Renaming "K-Mart Drive" located east off of North 27th
Street near Cornhusker Highway as "Knox Street".
Fact Sheet (635K)
24) 03-96 Approving a five year/5,000 hour lease agreement with a
buy-out option between the City and Caterpillar Financial
Services to provide a 90-horse power class backhoe loader
for use by the Public Works & Utilities Water Division in
construction and maintenance projects.
Fact Sheet (57K)
Attachment (201K)
25) 03-97 Approving a five year/5,000 hour lease agreement with a
buy-out option between the City and Caterpillar Financial
Services to provide a 90-horse power class backhoe loader
for use by the Public Works & Utilities Wastewater/Solid
Waste Division in construction and maintenance projects.
Fact Sheet (57K)
Attachment (198K)
ORDINANCES - 3RD READING - NONE
PENDING LIST - DATE CERTAIN
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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, JULY 7, 2003 AT 1:30 P.M.: (APPROVED, 6-0)
37) 03R-176 Special Permit 2014 - Application of Regal Building
Systems, Inc. to develop Northview Villas Community Unit
Plan for 61 multi-family dwelling units in 7 structures,
on property generally located at North 24th Street
between Dodge and Superior Streets.
Fact Sheet (922K)
38) 03R-177 Special Permit 2005 - Application of Hartland Homes Inc.
to develop Betty's Haven Community Unit Plan for 23
dwelling units, with waivers of the required lot width,
lot area, lot depth to width ratio, the requirement to
submit a preliminary plat, and that final plats
accepting the dedication of public streets and private
roadways be reviewed by the Planning Commission, on
property generally located at W. South Street and
S. Coddington Ave.
Fact Sheet (722K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON THURSDAY, JULY 10, 2003 AT 5:30 P.M.:
(JOINT CITY COUNCIL/COUNTY COMMISSION PUBLIC HEARING)
(APPROVED, 6-0)
39) 03R-162 Comp. Plan Amendment 03001 - Application of Public Works
& Utilities Department, the Parks & Recreation Department,
and the Pedestrian-Bicycle Advisory Committee to update
the Bicycle and Trails element on the 2025 Lincoln/Lancaster
County Comprehensive Plan.
Fact Sheet (437K)
40) 03R-163 Comp. Plan Amendment 03002 - Application of Public Works
& Utilities to amend the 2025 Lincoln/Lancaster County
Comprehensive Plan to adopt the 2003 Lincoln Water System
Facilities Master Plan.
Fact Sheet (718K)
41) 03R-164 Comp. Plan Amendment 03003 - Application of Public Works
& Utilities to amend the 2025 Lincoln/Lancaster County
Comprehensive Plan to adopt the 2003 Lincoln Wastewater
Facilities Plan.
Fact Sheet (476K)
42) 03R-165 Comp. Plan Amendment 03006 - Application of Public Works
& Utilities and the Technical Committee of the MPO, to
amend the Mobility and Transportation section of the 2025
Lincoln/Lancaster County Comprehensive plan to update the
Existing and Future Streets and Highways Functional
Classification maps.
Fact Sheet (949K)
43) 03R-166 Comp. Plan Amendment 03010 - Application of Hampton
Development Services to amend the 2025 Lincoln/Lancaster
County Comprehensive Plan to change from Urban Residential
to Commercial and to make minor modifications to the boundary
between Commercial and Urban Residential uses north of
Interstate 80 between North 14th and North 27th Streets.
Fact Sheet (278K)
44) 03R-167 Comp. Plan Amendment 03011 - Application of Meginnis Farm
Joint Venture, Ridge Development Company, and Southview Inc.
to amend the 2025 Lincoln/Lancaster County Comprehensive
Plan to revise the Community Center commercial designation
to designate specifically the northwest and northeast corners
of 98th and O Street as a Community Center; to revise the
light industrial designation for a future "employment
center" to specifically designate an area northwest of
98th and O Street as Industrial; and to specifically
designate Commercial and Industrial uses at 98th and O
Streets.
Fact Sheet (1829K)
45) 03R-168 Comp. Plan Amendment 03012 - Application of UNO Properties,
Inc. and Apple's Way LLC to amend the 2025 Lincoln/Lancaster
County Comprehensive Plan to change approximately 60 acres
from Urban Residential to Commercial at South 66th Street
and Highway 2.
Fact Sheet (782K)
46) 03R-169 Comp. Plan Amendment 03013 - Application of Livingston
Investments to amend the 2025 Lincoln/Lancaster County
Comprehensive Plan to change from Urban Residential to
Commercial on approximately 7 acres on the north side
of Highway 2 between Pine Lake Neighborhood and Berean
Church; and to change the use of commercial property on
the south side of Highway 2 at Pine Lake Road currently
zoned O-3 Office District, from office to retail in the
approved Southeast Lincoln/Highway 2 Subarea Plan.
Fact Sheet (957K)
47) 03R-170 Comp. Plan Amendment 03014 - Application of Ridge
Development Company and Southview, Inc. to amend the
2025 Lincoln/Lancaster County Comprehensive Plan to move
the Community Center commercial designation from S. 40th
Street and Yankee Hill Road to S. 27th Street and Yankee
Hill Road; to move the Neighborhood Center designation
from S. 27th Street and Yankee Hill Road to S. 40th
Street and Yankee Hill Road; and to change the land use
plan to designate property to the northwest of S. 27th
Street and Yankee Hill Road as commercial.
Fact Sheet (2512K)
48) 03R-171 Comp. Plan Amendment 03015 - Application of Lincoln
Federal Savings Bank to amend the 2025 Lincoln/Lancaster
County Comprehensive Plan to move the Community Center
commercial designation from one-half mile south of S.
40th Street and Yankee Hill Road to S. 27th Street and
Yankee Hill Road; to move the Neighborhood Center
designation from S. 27th Street and Yankee Hill Road to
one-half mile south of Yankee Hill Road and west of S.
40th Street; and to add industrial use at one-half mile
south of Yankee Hill Road on the west side of S. 40th
Street for future "employment center."
Fact Sheet (2759K)
49) 03R-172 Comp. Plan Amendment 03017 - Application of Jim Burden
to amend the 2025 Lincoln/Lancaster County Comprehensive
Plan to include a presentation of a universal
transportation service known as Personal Rapid Transit
or PRT.
Fact Sheet (1260K)
50) 03R-173 Comp. Plan Amendment 03018 - Application of Andermatt,
L.L.C. and Eiger Corporation, to amend the 2025 Lincoln/
Lancaster County Comprehensive Plan to change
approximately 44 acres of land from Urban Residential
to Commercial, north of Highway 2 and east of S. 91st
Street, in the Land Use Plan and the Southeast
Lincoln/ Highway 2 Subarea Plan; and amend text
accordingly.
Fact Sheet (391K)
51) 03R-174 Comp. Plan Amendment 03019 - Application of Ridge
Development Company and Southview Inc. to amend the
2025 Lincoln/Lancaster County Comprehensive Plan to
revise the Community Center commercial designation to
designate specifically the northwest corners of
Homestead Expressway and West Denton Road as a
Community Center; revise the light industrial
designation for a future "employment center" to
specifically designate an area northwest of Homestead
Expressway and West Denton Road as Industrial; and
specifically designate commercial and industrial uses
in the Land Use Plan at Homestead Expressway and West
Denton Road.
Fact Sheet (763K)
52) 03R-175 Comp. Plan Amendment 03020 - Application of John Sampson
and David McEwen to amend the 2025 Lincoln/Lancaster
County Comprehensive Plan to designate a "Community"
sized commercial center at approximately South 40th
Street between Rokeby Road and Yankee Hill Road.
Fact Sheet (913K)
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
(7/03/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(7/07/03).
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 6:37 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