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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 25, 2003, AT 1:30 P.M.
NOTE: There will be no Council Meeting the week of September 1st.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Eagle Entertainment L.L.C. for a
special designated liquor license to cover an area
measuring 30' by 45' in the B & R Stores parking
lot at 130 N. 66th Street on September 4, 2003
from 4:00 p.m. to 9:00 p.m.
(ADOPTED FOR APPROVAL, 7-0; A-82279)
2) Application of Sidelines Deli for a special
designated liquor license to cover an area
measuring 100' by 100' to the west of Sidelines
Deli at 1000 Saunders Ave. on September 5, 2003
from 10:30 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-82280)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 3 THRU 6 HAD 2ND READING;
SEE ITEMS 3, 5 & 6)
3) 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.
Fact Sheet (974K)
Attachment (31K)
(PUBLIC HEARING CON'T. TO 1/12/04, 7-0)
4) 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.
Fact Sheet (932K)
Attachment (221K)
5) 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)
(8/18/03-Requested 2nd & 3rd Readings 8/25/03)
Fact Sheet (770K)
(WAIVE THE RULES TO HAVE 2ND & 3RD READINGS THIS DATE,
LOST, 1-6; SVOBODA ASSENTING)
6) 03-133 Authorizing the issuance of not to exceed
$180,000,000 City of Lincoln, Nebraska Lincoln
Electric System Revenue and Refunding Bonds, Third
Series 2003. (Request 2nd & 3rd Readings
on 8/25/03)
(WAIVED THE RULES TO HAVE 2ND & 3RD READINGS
THIS DATE, 7-0; PASSED, 7-0; #18234)
PUBLIC HEARING - RESOLUTIONS
7) Application of Blessed Sacrament Church to conduct
a lottery within the City of Lincoln from
September 6, 2003 through October 12, 2003.
Resolution
(ADOPTED, 7-0; A-82281)
8) Application of United Way of Lincoln & Lancaster
County to conduct a raffle within the City of
Lincoln from September 12, 2003 through December
18, 2003.
Resolution
(ADOPTED, 7-0; A-82282)
9) 03R-218 Special Permit 421D - App. of Frank and Joan Rall
to amend the Carriage Hill 4th Community Unit Plan
to retain the existing single family dwelling and
to allow the construction of four two-family
structures, with requests to waive sidewalk,
street tree and landscape screening design
standards, on property generally located at 81st
and A Sts. (8/18/03- P.H. & Action con't. 1 wk
to 8/25/03)
Fact Sheet (544K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82283)
10) 03R-219 Combined Pre-Existing Use Permit/Special Permit
10A - App. of Flowerview Associates to reduce
setbacks due to the right-of-way acquisition along
O St. and N. 66th St. (8/18/03 - P.H. & Action
con't. 1 wk to 8/25/03)
Fact Sheet (424K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82284)
11) 03R-224 Appointing Marlene Cupp to the Lincoln Library
Board of Trustees for a 7-year term expiring
August 31, 2010.
(ADOPTED, 5-2; CAMP, FRIENDT DISSENTING; A-82285)
12) 03R-225 Authorizing the use of public right-of-way by the
University of Nebraska Center for Great Plains
Studies to permanently place a 7-foot sculpture in
the public right-of-way on the east side of the
Great Plains Center at 12th and Q Street.
Attachment (626K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82286)
13) 03R-226 Authorizing Gordon Gilmore d/b/a Chipotle Mexican
Grill to occupy a portion of the public
right-of-way at 232 North 13th Street for use as a
sidewalk caf‚.
Fact Sheet (50K)
Attachment 1 (202K)
Attachment 2 (26K)
Attachment 3 (6K)
(ADOPTED, 7-0; A-82287)
14) 03R-227 Approving a waiver of subdivision requirements for
a public water distribution system and minimum
right-of-way width on property generally located
at Stockwell Street and South Folsom Street in
Braun Addition.
Fact Sheet (886K)
(ADOPTED, 7-0; A-82288)
15) 03R-228 Approving a waiver of subdivision requirements for
a public water distribution system and sanitary
sewer on property generally located at Old Cheney
Road and Hickory Crest Road in Beck & Oldfather
Addition.
Fact Sheet (806K)
(ADOPTED, 7-0; A-82289)
16) 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)
Fact Sheet (791K)
(ACTION DELAYED TO 9/8/03, 7-0)
17) 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)
Fact Sheet (824K)
(ACTION DELAYED TO 9/8/02, 7-0)
18) 03R-231 Approving the Real Estate Sales Agreement between
the Public Building Commission and Woods Brothers
Realtors for the acquisition of property located
at 805 H Street.
Fact Sheet (13K)
(ADOPTED, 7-0; A-82290)
19) 03R-232 Declaring the official intent of the City to
reimburse certain expenses in connection with the
acquisition and construction of improvements to
the City's solid waste management and disposal
system from the proceeds of the City of Lincoln,
Nebraska Solid Waste Management Revenue Bonds.
(ADOPTED, 7-0; A-82291)
20) Adopting the 2003-2004 Annual Operating Budget &
Capital Improvement Program FY 2003/04 - 2008/09.
Attachment (261K)
(AMENDED, 4-3; COOK, NEWMAN, WERNER DISSENTING;
ADOPTED, 5-2; CAMP, FRIENDT DISSENTING; A-82292)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
21) Setting the Hearing date of September 8, 2003 at
1:30 p.m. for App. of Boss Management LLC dba
"Hometown Garden Caf‚ Grill & Bakery" for a Class
"I" liquor license at 5100 N. 27th Street.
(ADOPTED, 6-1; FRIENDT DISSENTING; A-82293)
22) Setting the Hearing date of September 8, 2003 at
1:30 p.m. for App. of Chatterbox Inc. dba
"Chatterbox" for a Class "I" liquor license at 815
O Street. (ADOPTED, 6-1;FRIENDT DISSENTING;
A-82294)
23) MISCELLANEOUS REFERRALS
Investment of funds for the week of August 11
through August 15, 2003. (ADOPTED, 7-0; A-82296)
Report of City Treasurer of Telecommunications Occupation
Tax July, 2003: ATT Wireless Services, VARTEC, Nextel.
(PLACED ON FILE)
Report from City Treasurer of City Cash on hand at the
close of business July 31, 2003. (PLACED ON FILE)
The North 27th Street Corridor and Environs Redevelopment
Plan. (PLACED ON FILE)
Setting the Hearing date of Monday, September 8, 2003 at
1:30 p.m. for the App. of Anderson Entertainment LLC dba
"Bunkers Sports Bar & Fairways Grill/HiMark Banquet
Facility" for a Class "C" liquor license at 8901 Augusta
Drive. (ADOPTED, 6-1;FRIENDT DISSENTING; A-82295)
REPORTS OF CITY OFFICERS
24) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed August 11, 2003. (PLACED ON FILE)
25) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed August 18, 2003, with the
exception of Resolution No. A-82262. (PLACED ON
FILE)
26) Mayor's Veto Letter of Resolution No. A-82262 -
Special Permit No. 2028, application of Mettlen,
Inc. dba Jax for authority to sell alcoholic
beverages for consumption on the premises at 2711
South 48th Street. (PLACED ON FILE)
ORDINANCES - 1st READING (ITEMS 27 THRU 29 HAD 1ST READING)
27) 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)
28) 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)
29) 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)
ORDINANCES - 3RD READING
& RESOLUTION FOR ACTION ONLY
30) 03-128 Repealing Ordinance 18016 which created Alley
Paving District 362, being the north/south alley,
between 54th St. to 56th Sts., from Cleveland to
Adams Streets.
Fact Sheet (58K)
(PASSED, 7-0; #18232)
31) 03-129 Approving a § 457 Deferred Compensation Plan
to be administered by Nationwide Retirement
Solutions.
Fact Sheet (38K)
Attachment (573K)
(PASSED, 7-0; #18233)
32) 03R-216 Approving the Administration Agreement between the
City of Lincoln and Nationwide Retirement
Solutions for administration of a § 457
Deferred Compensation Plan. (8/18/03 - Action
delayed to 8/25/03)
Fact Sheet (39K)
Attachment (376K)
(ADOPTED, 7-0; A-82297)
PENDING LIST - DATE CERTAIN
33) 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)
34) 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)
Fact Sheet (333K)
35) 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)
Fact Sheet (895K)
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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 8, 2003 AT 1:30 P.M.: (APPROVED, 7-0)
45) 03R-233 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of August
1 - 15, 2003.
Fact Sheet (15K)
Attachment (27K)
46) 03R-234 Special Permit 1123B - Approving the expansion of
the boundary of the existing special permit for
the People's City Mission and to reduce the front
yard setback from 15' to 4' for the proposed
shelter within an existing building north of R
Street, generally located between North 1st and
North 2nd Streets and Q to S Streets. (In
connection w/03-134, 03R-181, 03R-235)
Fact Sheet (1.4MB)
47) 03R-235 Approving a Conservation Easement Agreement
between the People's City Mission Home and the
City of Lincoln over the north 51.6 feet of Lots
11 and 12, Block 275, Original Plat, Lincoln, to
protect the drainage way and natural floodplain
values on property generally located northwest of
2nd and S Street. (In connection w/03-134,
03R-181, 03R-234)
Fact Sheet (121K)
Attachment (39K)
48) 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 and Highway 2.
Fact Sheet (865K)
49) 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 and private roadways go to the
Planning Commission, yard setbacks, community
outdoor recreation plan, minimum lot area, and
cul-de-sac geometry, on property generally located
northeast of the intersection of South 30th Street
and Yankee Hill Road.
Fact Sheet (1.1MB)
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 (9/03/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (9/08/03).
Roger Z. Dorffler Waste of City Wheel Tax
HE ASKED WHAT THE INCREASED
REVENUE FROM THE WHEEL TAX WAS
BEING USED FOR AND FEELS IT IS NOT
BEING USED FOR THE STREETS AS IT
WAS INTENDED.
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 5:21 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