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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 8, 2003, AT 1:30 P.M.
MAYOR'S AWARD OF EXCELLENCE
presented to Mark Kenne of the Health Dept. in the category of Productivity
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) App. of K-Sara Enterprises for a special
designated liquor license in an area measuring 60'
by 120' at 1315 South 21st St. on the 14th day of
September, 2003 from 12:00 noon to 3:00 p.m.
(ADOPTED FOR APPROVAL, 7-0; A-82298)
2) App. of Anderson Entertainment L.L.C. dba Bunkers
Sports Bar & Fairways Grill for a Class C liquor
license at 8901 Augusta Dr. (ADOPTED FOR APPROVAL,
7-0; A-82299)
3) Manager App. of Westley Anderson for Entertainment
L.L.C. dba Bunkers Sports Bar & Fairways Grill at
8901 Augusta Dr. (ADOPTED FOR APPROVAL, 7-0; A-82300)
4) App. of Chatterbox Inc. dba Chatterbox for a Class
I liquor license at 815 O St. (ADOPTED FOR APPROVAL, 7-0;
A-82301)
5) Manager App. of Robert N. Fitch for Chatterbox
Inc. dba Chatterbox at 815 O St. (ADOPTED FOR APPROVAL, 7-0;
A-82302)
6) App. of Boss Management L.L.C. dba Hometown Garden
Cafe Grill & Bakery for a Class I liquor license
at 5100 N. 27th St. (ADOPTED FOR APPROVAL, 0-7;
ADOPTED FOR DENIAL; 7-0; A-82303)
7) Man. App. of Timothy Haase for Boss Management
L.L.C. dba Hometown Garden Cafe Grill & Bakery at
5100 N. 27th St. (ADOPTED FOR DENIAL, 7-0; A-82304)
PUBLIC HEARING
ORDINANCES - 3RD READING
8) 03-103 Amending Chapter 10.26 of the Lincoln
Municipal Code to reflect the changes to the
Transportation Plan of the Lincoln-Lancaster
County Comprehensive Plan. (7/21/03 - Pending;
Con't. P.H. & Action on 9/8/03 - had 2nd Reading 7/21/03)
Fact Sheet (71K)
Substitute (99K)
(SUBSTITUTE ORDINANCE ACCEPTED, 7-0; PASSED, 7-0 #18235)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 9-11 HAD 2ND READING)
9) 03-134 Vacating the east-west alley from North
1st Street to North 2nd Street in
Block 264, Original Plat of Lincoln, generally
located at North 1st Street between R and
S Streets. (In connection w/03R-181, 03R-234,
03R-235)
Fact Sheet (850K)
10) 03-135 Amending Title 24 of the Lincoln Municipal Code by
creating a new Chapter 24.12 to adopt the 2000
edition of the Uniform Plumbing Code with local
amendments.
Fact Sheet (60K)
11) 03-136 Amending Chapter 25.03 of the Lincoln Municipal
Code relating to the Uniform Mechanical Code to
adopt the 1997 edition with new and revised local
amendments.
Fact Sheet (56K)
PUBLIC HEARING - RESOLUTIONS
12) 03R-178 Comp. Plan Amendment 03016 - Application of the Planning
Director on behalf of Dwaine Rogge to amend the 2025
Lincoln/Lancaster County Comprehensive Plan to change a
portion of property designated "Environmental Resources"
to "Industrial" between Salt Creek and Arbor Road, west
of North 70th Street (7/14/03 - Pending; Con't. P.H. &
Action on 8/18/03) (8/18/03 - P.H. & Action Con't. To
9/08/03) (ADOPTED, 4-3, COOK, NEWMAN & WERNER DISSENTING; A-82305)
Fact Sheet (333K)
13) 03R-181 Approving a waiver of subdivision requirements for
the installation of sanitary sewers in 1st Street, water
mains in 1st Street, storm sewers in 1st and 2nd Streets,
street paving in 1st and 2nd Streets, street trees, and
sidewalks along 1st and 2nd Streets, within the People's
City Mission Administrative Final plat generally located
at North 2nd and R Streets. (7/07/03 - Pending; to have
public hearing w/vacation Ordinance) (In connection
w/03-134, 03R-234, 03R-235) (8/18/03 - To have P.H. 9/8/03)
(ACTION DELAYED FOR ONE WEEK TO 9/15/03, 7-0)
Fact Sheet (895K)
14) 03R-233 Accepting the report of new & pending claims against the
City & approving disposition of claims set forth therein
for the period of August 1 - 15, 2003. (CLAIM OF STEPHANIE
BYRD PLACED ON PENDING & CON'T. P.H. IN TWO WEEKS TO 9/22/03, 7-0;
ADOPTED AS AMENDED, 7-0; A-82306)
Fact Sheet (15K)
Attachment (27K)
15) 03R-234 Special Permit 1123B - Approving the expansion of
the boundary of the existing special permit for
the People's City Mission & to reduce the front
yard setback from 15' to 4' for the proposed
shelter within an existing building north of R
St., generally located between N. 1st & N. 2nd
Sts. & Q to S Sts. (In connection w/03-134,
03R-181, 03R-235) (ACTION DELAYED FOR ONE WEEK TO
9/15/03, 7-0)
Fact Sheet (1.4MB)
16) 03R-235 Approving a Conservation Easement Agreement
between the People's City Mission Home & the
City of Lincoln over the north 51.6 feet of
Lots 11 & 12, Block 275, Original Plat,
Lincoln, to protect the drainage way &
natural floodplain values on property
generally located northwest of 2nd & S St.
(In connection w/03-134, 03R-181, 03R-234)
(ACTION DELAYED FOR ONE WEEK TO 9/15/03, 7-0)
Fact Sheet (121K)
Attachment (39K)
17) 03R-236 Approving a waiver of the parking lot surfacing
requirements pursuant to Lincoln Municipal Code
§ 27.67.100(c) on property generally located
at 70th & Hwy. 2. (ADOPTED, 7-0; A-82307)
Fact Sheet (865K)
18) 03R-237 Special Permit 2010 - Approving Pine Lake Heights
South 8th Addition Community Unit Plan consisting
of 66 residential units with waivers to submit a
preliminary plat, the requirement that final plats
be based on preliminary plats, the requirement
that final plats accepting the dedication of
public streets & private roadways go to the
Planning Commission, yard setbacks, community
outdoor recreation plan, minimum lot area, & cul-
de-sac geometry, on property generally located
northeast of the intersection of S. 30th St. &
Yankee Hill Rd. (ADOPTED, 7-0; A-82308)
Fact Sheet (1.1MB)
PUBLIC HEARING - IMPACT FEE APPEAL
19) 03R-244 Approving a waiver of impact fees on an increase
of size for a water meter at 3800 S. 9th St.
(ACTION DELAYED & P.H. CON'T. FOR ONE WEEK TO
9/15/03; 7-0)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
20) Formal Paving Petition for Paving District No.
2626 for West South Street, SW 23rd St. to SW 27th St.
West South to West "A" Streets, submitted by
Aspen Builders, Inc. (Referred to Law Dept.)
21) Formal Paving Petition for Alley District No. 362A
for the east/west alley of 48th Street to 49th Street,
Lowell to Meredith Streets, submitted by The
Car Connection, Inc. (Referred to Law Dept.)
22) Petition to Vacate Public Way South 49th Street from
the South Right-of-Way of Prescott Ave. to the North
Right-of-Way of Lowell Ave. and the western most 50'
of alley east of South 49th Street between Prescott
Ave. and Lowell Ave., submitted by Jim Haehn,
President of NE Conference Association of Seventh-
Day Adventists. (Referred to Law Dept.)
23) Petition to Vacate Public Way 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 Jim Haehn,
President of NE Conference Association of Seventh-
Day Adventists. (Referred to Law Dept.)
24) Three Petitions to Vacate Public Way the portion
of the east/west alley between O Street and N Street
and 27th Street and 26th Street which has not
already been vacated, submitted by B & J
Partnership, LTD; John M. and Marilyn J. Long and
William R. and Marilyn Cintani. (Referred to Law
Dept.)
25) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, Sept. 15, 2003 at
1:30 p.m. for the following applications: St. Teresa's
Catholic Church to hold a lottery for the period of Oct.
1 thru Nov 9, 2003; St. Patrick's School to hold a lottery
for the period of Sept. 14 thru Nov. 21, 2003 and North
American Martyrs Catholic Parish to hold a lottery for
the period of Sept. 18 thru Nov. 22, 2003. (Request a motion)
(APPROVED, 7-0)
Setting the hearing date of Mon. Sept. 22, 2003 at 1:30 p.m.
on the App. of Grannette, Inc. dba DelRay Ballroom & Lounge
located at 817 R Street. (Change of Ownership) (ADOPTED,
7-0; A-82309)
Setting the hearing date of Mon. Sept. 22, 2003 at 1:30 p.m.
on the App. of Benchmark Redevelopment Inc. dba Buzzard Billy's
Armadillo Bar & Grill for an addition to their licensed premise
(the basement area measuring approx. 4200 sq. ft.; to be known
as Buzzard Billy's Starlite Lounge & Banquet Room) located at
237 N. 8th St., Suite 101. (ADOPTED, 7-0; A-82310)
Investment of Funds for the week of August 25 through September
5, 2003. (ADOPTED, 7-0; A-82311)
Report of City Treasurer of Telecommunications Occupation Tax
July, 2003: Guaranteed Phone Service; MCI WorldCom Network Service,
Inc.; Excel Telecommunications, Inc.; Telco Development Group De
Inc.; OCMC, Inc.; C III Communications Operations, LLC; Bell Atlantic
Communications, Inc.; Working Assets Funding Svc., Inc.; Virgin Mobile
USA; ACN Communication Services, Inc.; Verizon Select Services, Inc.;
Trans National Comm. International; OnStar Corporation; Touch America;
Global Crossing Telecommunications, Inc.; Primus Telecommunications,
Inc.; TracFone Wireless, Inc.; AT&T Comm. Of Midwest; Intellicall Operator
Services; Ciera Network Systems, Inc.; Cricket Communications, Inc.;
McLeod USA Telecommunications Services, Inc.; VoiceCom Telecommunications;
Teligent Services, Inc.; Qwest Communications, Corp.; XO Long Distance
Services, Inc.; Shaffer Communications, Inc.; and Nebraska Technology
& Telecommunications, Inc. (Placed on file)
The following items were referred to the Planning Dept.:
Special Permit No. 572F - App. of Margaret Nelson to enclose a patio at
2411 South 60th Street.
Special Permit No. 654E - App. of Patrick B. McGrane to waive the rear
yard set back for deck height to be higher than three feet on
property located at 5433 S. 31st Street Court.
Special Permit No. 1423H - App. of Jackie Snyder to amend the
Community Unit Plan to add 26 single family attached units on
property located at 90th and Old Cheney Rd.
Special Permit No. 1939B - App. of Nebraska Heart Institute to amend
Special Permit 1939A to include additional parking stalls and
related drainage to accommodate future expansion at property
located at 7500 S. 91st Street.
Special Permit No. 2004 - App. of Hartland Homes to create 371 single
family dwelling units and 11 proposed H-4 Planned Service
Commercial lots, and 2 large outlots on property located at North
56th Street and Interstate 80.
Change of Zone No. 3398 - App. of Roger & Eldonna Schwisow for a
Change of Zone from AG to H-4 to create 11 commercial lots on
property located at North 56th Street & Alvo Road.
Change of Zone No. 3418 - App. of Kenneth L. & Rosemary Franks for a
Change of Zone from R-2 to H-2 on property located at 4840
Orchard Street.
REPORTS OF CITY OFFICERS
26) Investment of funds for the week of August 18,
through August 22, 2003. (ADOPTED, 7-0; A-82312)
27) Approving the distribution of funds representing
interest earning on short-term investments of Idle
Funds during the month ended July 31, 2003. (ADOPTED,
7-0; A-82313)
28) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed August 25, 2003. (Placed on file)
29) Reports of Lincoln Water & WasteWater System
Recapitulation of Daily Cash Receipts for the Months
of June and August, 2003. (Placed on file)
30) Report of City Treasurer of Telecommunication
Occupation Tax for the month of July, 2003: Big Planet,
Inc.; WWC License LLC; Sprint Spectrum, L.P.; NOS
Communications, Inc.; WorldXchange Corp.; Norstan
Network Services, Inc.; Sprint Communication Company
Limited Partnership; Nextel West Corp.; Glyphics
Communications, Inc.; Lightyear Communications;
Zone Telecom, Inc.; Comdata Telecommunications,
Inc.; GTC Telecom, Inc.; Globalcom, Inc.;
Association Administrators, Inc.; LDMI
Telecommunications, Inc.; Nosva Limited
Partnership; Affinity Network, Inc.; and Tri-M
Communications, Inc. (Placed on file)
31) Report from City Treasurer of Franchise Tax for
the Month of July, 2003 from Aquila. (Placed on file)
ORDINANCES - 1st READING (ITEMS 32-39 HAD 1ST READING)
32) 03-137 Approving a Sublease Agreement between the City &
Lincoln Action Program for a sublease of space at
the One Stop Center, 1010 N St., to provide job
training & employment services under the Workforce
Investment Act.
33) 03-138 Amending the pay schedule for a certain employee
group prefixed by the letter E by changing the job
classification of Workers' Compensation Claims
Assistant to Workers' Compensation Claims
Specialist.
Fact Sheet (49K)
34) 03-139 Amending the pay schedule for a certain employee
group prefixed by the letter M by creating the job
classification of Workers' Compensation
Coordinator.
Fact Sheet (47K)
Attachment (67K)
35) 03-140 Amending the pay schedule for a certain employee
group prefixed by the letter A by creating the job
classification of Learning Center Supervisor.
Fact Sheet (44K)
Attachment (74K)
36) 03-141 Amending the Lincoln Corporate Limits Map by
annexing approx. 1.06 acres of property generally
located at 1501 W. Van Dorn St.
Fact Sheet (661K)
37) 03-142 Change of Zone 3417 - App. of Carlos Lake L.L.C.
for a change from R-2 Residential District to R-T
Residential Transition Dist., on property
generally located at S. 55th St. & South St.
(In connection w/03R-239, 03R-240)
Fact Sheet (720K)
38) 03-143 Amending Sections 26.19.020 & 26.31.010 of the
Lincoln Municipal Code to modify the procedure for
granting modifications of subdivision requirements
& providing an appeal process therefor.
Fact Sheet (137K)
39) 03-144 Approving the License Agreement between the City &
Alltel Communications to locate telecommunications
facilities on a City water tower on property
located at Air Park.
Fact Sheet (43K)
Attachment (628K)
ORDINANCES - 3RD READING
& RESOLUTIONS FOR ACTION
40) 03-131 Change of Zone 3412 - Application of Antelope
Park Neighborhood Association for a change of
zone from R-4 Residential to R-2 Residential
on approximately 14 blocks generally located
between South 27th Street and the Rock Island
Trail, from South Street to A Street. (PASSED, 7-0; #18236)
Fact Sheet (932K)
Attachment (221K)
41) 03-132 Change of Zone 3385 - Application of Vic and
Kathleen Hannan for a change of zone from AGR
Agricultural Residential to R-1 Residential on
property generally located northeast of the
intersection of South 66th Street and Pine Lake
Road. (In connection w/03R-229, 03R-230)
(8/25/03- Had P.H.) (PASSED, 6-0, NEWMAN ABSTAINING; #18237)
Fact Sheet (770K)
42) 03R-229 Approving a waiver of subdivision requirements for
street trees and sidewalks along Pine Lake Road
within Hannan Addition generally located at South
66th Street and Pine Lake Road. (In connection
w/03R-230, 03-132) (8/18/03 - Request for P.H.
& Action 8/25/03) (8/25/03 - Action Delayed to
9/8/03) (ADOPTED, 6-0, NEWMAN ABSTAINING; A-82314)
Fact Sheet (791K)
43) 03R-230 Approving the final plat of Hannan Addition
consisting of two lots for residential development
and releasing the relinquishment of access to Pine
Lake Road on property generally located northeast
of the intersection of South 66th Street and Pine
Lake Road. (In connection w/03R-229, 03-132)
(8/18/03 - Request for P.H. & Action 8/25/03)
(8/25/03 - Action Delayed to 9/8/03) (AMENDED, 7-0;
ADOPTED AS AMENDED, 7-0; A-82315)
Fact Sheet (824K)
PENDING LIST - DATE CERTAIN
44) 03-130 Amending the Lincoln Corporate Limits Map by
annexing approximately 186.7 acres of property
generally located east of South 84th Street
between Old Cheney Road and Pine Lake Road.
(8/25/03 - Public Hearing Con't. To 1/12/04)
Fact Sheet (974K)
Attachment (31K)
PENDING LIST (EXTENDED ONE WEEK)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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, SEPTEMBER 15, 2003 AT 1:30 P.M.: (APPROVED, 5-0,
MCROY & SVOBODA ABSENT)
54) 03R-238 Accepting & approving the preliminary plat of
Pioneer Business Park Addition for 25 industrial
lots on approx. 38.59 acres with requested waivers
to the required stormwater detention, street
improvements, sidewalks, sanitary sewer flow,
temporary sanitary sewer lift station, block
length, pedestrian easement, & street improvements
to urban standards, on property generally located
at South 8th St. & Pioneers Blvd.
Fact Sheet (564K)
55) 03R-239 Special Permit No. 638A - App. of Carlos Lake
L.L.C. to expand an existing parking lot in a
residential district on property generally located
at S. 55th St. & South St. (In connection w/03-142,
03R-240)
Fact Sheet (721K)
56) 03R-240 Use Permit 153 - App. of Carlos Lake L.L.C. to
develop Midtown Business Park consisting of two
5,000 sq. ft. office/medical buildings, with
requested waivers to the allow lots that do not
have frontage or direct access to a public or
private roadway, on property generally located at
S. 55th St. & South St. (In connection w/03-142,
03R-239)
Fact Sheet (784K)
57) 03R-241 Amending Chapter 1, Section 2, of the Lincoln
Design Standards to modify the procedure for
granting modifications to design standard
requirements & providing an appeal process
therefor.
Fact Sheet (238K)
Attachment (14K)
Attachment 2 (14K)
58) 03R-242 Accepting & approving two conservation easement
agreements over approx. 7.29 acres of property
generally located north of London Rd., west of S.
56th St. for preservation of tree masses,
wetlands, & floodplains associated with a
drainageway.
Fact Sheet (34K)
Attachment (67K)
Attachment 2 (67K)
59) 03R-243 Accepting the report of new & pending claims
against the city & approving disposition of claims
set forth therein for the period of August 16 to
31, 2003.
Fact Sheet (14K)
Attachment (25K)
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 (9/10/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (9/15/03).
Jane Kinsey Topic: Development of Lincoln - Suggested city
government look at various other models, such as
Boulder, CO, Boise, ID and Ames, IA, focusing on
all aspects of Lincoln.
Bob Van Valkenburg Topics: City Purchasing Department's conducting
business in unlawful manner
Irregularities in City Bidding Process Contract
City Purchasing Agent withholding public records -
Suggested the bid process be handled in a fair manner.
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 - 5:52 P.M.
History