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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 13, 2003 AT 1:30 P.M.
ALL MEMBERS PRESENT, EXCEPT MCROY
NO MEETING ON NOVEMBER 10, 2003
NOVEMBER 17, 2003 MEETING AT 5:30 P.M.
NOVEMBER 24, 2003 MEETING AT 1:30 P. M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Marlys K. Young for Eating
Establishments Holding Company Inc. dba Flatwater
Grill/Runza Restaurant at 210 N. 14th Street.
(10/6/03 - Con't. Public Hearing & Action to
10/13/03) (ADOPTED FOR APPROVAL, 6-0; A-82387)
2) Manager application of Marlys K. Young for Eating
Establishments Holding Company Inc. dba Flatwater
Grill/Lincoln Station at 201 N. 7th Street, Suite
100.(10/6/03 - Con't. Public Hearing & Action
to 10/13/03) (ADOPTED FOR APPROVAL; 6-0; A-82388)
3) Manager application of Jeff E. Erks for Gateway
Bowl Corp. dba Gateway Bowl at 333 N. Cotner. (ADOPTED FOR
APPROVAL; 6-0; A-82389)
4) Application of Salem FB, LLC dba Fast Break
Northwoods for a Class B liquor license at 8350
Northwoods Drive. (ADOPTED FOR APPROVAL, 6-0; A-82390)
5) Manager application of Douglas B. Morris for Salem
FB, LLC dba Fast Break Northwoods at 8350
Northwoods Drive. (ADOPTED FOR APPROVAL, 6-0; A-82391)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 6 & 7 HAD PUBLIC HEARING)
6) 03-152 Amending Section 26.33.020 of the Lincoln
Municipal Code to include a maximum unit fee of
$2,000 for applications for final plats.
Fact Sheet (17K)
7) 03-153 Vacating the south 155' of S.W. 32nd Street,
generally located between West O Street and the
BNSF Railroad lines south of West O Street.
Fact Sheet (248K)
PUBLIC HEARING - RESOLUTIONS
8) 03R-276 Reappointing Kent Thompson to the Lincoln Housing
Authority Board for a five-year term expiring July
1, 2008. (ADOPTED, 6-0; A-82392)
9) 03R-277 Reappointing Gary Hejl and Rich Wiese to the
Community Forestry Advisory Board for a three-year
term expiring August 17, 2006. (ADOPTED, 6-0; A-82393)
10) 03R-278 Appointing William W. Lester to the Community
Health Endowment Board of Trustees for a thee-year
term expiring September 1, 2006. (ADOPTED, 6-0; A-82394)
Attachment (131K)
11) 03R-279 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of
September 16 - 30, 2003. (ADOPTED, 6-0; A-82395)
Attachment (26K)
Fact Sheet (14K)
12) 03R-280 Approving the 2003-04 Work Plan for the Stormwater
Interlocal Agreement between the City and the
Lower Platte South NRD for addressing stormwater
quality and quantity issues in the City. (ADOPTED, 6-0,
A-82396)
Attachment (301K)
Fact Sheet (56K)
13) 03R-281 Special Permit 634D - Application of F. Pace Woods
II to amend the Skyline Rolling Hills Community
Unit Plan to revise the lot layout to accommodate
wider rights-of-way for roundabouts and boulevards
with medians, including waivers to allow a
roundabout longitudinal grade from 3% to 5%, to
allow a splitter island approaching a roundabout,
and to allow driveway access off a roundabout, on
property generally located at South 21st Street
and Ridgeline Drive. (AMENDED, 4-2, CAMP & SVOBODA
DISSENTING; ADOPTED AS AMENDED, 6-0; A-82397)
Fact Sheet (378K)
14) 03R-282 Accepting and approving the preliminary plat of
Old Mill Village consisting of 115 residential
lots and one outlot, including waiver requests to
allow street grades greater than 3% at an
intersection approach, to allow sanitary sewer
grades opposite street grades, to allow double
frontage lots, to allow block length to exceed the
maximum length without a pedestrian easement, and
waiver of improvements to urban standards, on
property generally located at S.W. 12th Street and
W. South Street. (MOTION TO AMEND #1 ADOPTED, 6-0;
MOTION TO AMEND #2 FAILED, 3-3, CAMP, FRIENDT, SVOBODA
DISSENTING; ADOPTED AS AMENDED, 6-0; A-82398)
Fact Sheet (465K)
15) 03R-283 Approving an application by the Parks and
Recreation Department to the Nebraska Game and
Parks Commission for financial assistance from the
Land and Water Conservation Grant Funds for
replacement of the public playground in Mahoney
Park. (ADOPTED, 6-0; A-82399)
Fact Sheet (73K)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
16) Formal Petitions for Ornamental Lighting District 286
at 27th Street to 20th Street, Van Dorn Street to High
Street submitted by JoLynn & Jeffrey Bomberger, Daryl &
Genie L. Bahm, Brenda & Michael Naber, Patricia C.
Meisenholder, Aimee Poor, Jerome S. & Karen K.
Linderman. (PLACED ON FILE 10/6/03 - REFERRED TO P.W.
10/6/03)
17) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, October 27, 2003 at 5:30 p.m.
for the reconsideration of the application of Overstreet, Inc.
dba T's Stop & Shop for a Class B liquor license located at 1301
North 27th Street. (WITHDRAWN BY APPLICANT)
Setting the hearing date of Monday, October 27, 2003 at 5:30 p.m.
for the application of Harris-Fraley VFW Harris-Fraley VFW Post 131
for a Class C liquor license located at 5721 Johanna Road.
(ADOPTED, 5-0, WERNER & MCROY ABSENT; A-82400)
Clerk's Letter and Mayor's Approval of ordinances and resolutions
passed by Council on October 6, 2003. (PLACED ON FILE)
Report from City Treasurer of Telecommunications Occupation Tax for the
month of August, 2003: Alyon Technologies, Inc.; quantum Shift Communications;
T-Netix Telecom Services, Inc.; Ciera Network Systems, Inc.; Trac Fone Wireless,
Inc.; Teligent Services, Inc.; Star Number, Inc.; IBM Global Services-NS Div.;
United Systems Access Telecom; Alltel Systems of the Midwest, Inc.; Alltel
Communications of Nebraska, Inc.; and Alltel Nebraska, Inc.; for the month of
September, 2003: ATS Mobile Telephone Co., Inc. (PLACED ON FILE)
REPORTS OF CITY OFFICERS - NONE
ORDINANCES - 1st READING (ITEMS 18-21 HAD 1ST READING)
18) 03-155 Vacating Potter Street between 26th and 27th
Streets.
Fact Sheet (415K)
19) 03-156 Amending the Lincoln Corporate Limits Map by
annexing approximately 468.49 acres of property
generally located at West Van Dorn Street and
South Folsom Street.
Fact Sheet (1638K)
20) 03-157 Vacating the public right-of-way surrounding the
new theater complex generally located from 11th to
12th Streets, between P and O Streets, and portion
of the east-west alley in the same block, and
retaining title in the City of Lincoln for
purposes of conveying a redevelopment easement in
connection with the downtown theater property.
Fact Sheet (534K)
21) 03-158 Approving a 15-year Lease Agreement
between the City and Lincoln Midget
Football for the use of park property
west of Sherman Field for a football
field complex.
Attachment (256K)
Fact Sheet (40K)
ORDINANCES - 3RD READING - NONE
PENDING LIST - DATE CERTAIN
22) 03-151 Change of Zone 3418 - Application of Kenneth and
Rosemary Franks for a change of zone from R-4
Residential District to H-2 Highway Business
District on property generally located east of N.
48th Street on Orchard Street. (9/29/03 - P.H.
Delayed to 10/27/03)
Fact Sheet
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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, OCTOBER 20, 2003 AT 1:30 P.M.: (APPROVED, 7-0)
33) 03R-284 Approving a Pharmaceutical Cache Agreement between
the City for Metropolitan Medical Response System
(MMRS) and McKesson Corporation and Ken's Pharmacy
to allow the Lincoln Lancaster County Health
Department to maintain a stockpile of antibiotics
for use in an emergency.
Attachment (194K)
Fact Sheet (39K)
34) 03R-286 Reappointing W. Cecil Steward to the Lincoln-
Lancaster County Planning Commission for a six-
year term expiring August 24, 2009.
35) 03R-287 Appointing Jennifer J. Brinkman and Lynn
Sunderman to the Lincoln-Lancaster County Planning
Commission for six-year terms expiring August 24,
2009.
36) 03R-288 Approving an Interlocal Agreement between the City
and County for the Harvest Project Contract to
provide treatment for mental health, substance
abuse, and aging service to elderly residents of
Lancaster County.
Attachment (407K)
Fact Sheet (41K)
37) 03R-289 Special Permit 2032 - Application of THN, L.L.C.
for authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 2535 O Street.
Fact Sheet (298K)
38) 03R-290 Special Permit 2033 - Application of THN, L.L.C.
for authority to sell alcoholic beverages for
consumption on the premises of Cafe de Mai and
Season Banquet Hall on property generally located
at 2535 O Street.
Fact Sheet (300K)
39) 03R-291 Special Permit 1939B - Application of Nebraska
Heart Hospital L.L.C. to revise the parking lot
layout, to add parking spaces, and to add 33,500
square feet of medical office space, of the
Nebraska Heart Hospital special permit, including
a waiver of the maximum building height from 35'
to 44' in the R-3 Residential District, on
property generally located southeast of the
intersection of S. 91st Street and Heritage Lakes
Drive.
Fact Sheet (1.2MB)
40) 03R-292 Special Permit 1960 - Application of Olsson
Associates on behalf of the property owners to
develop Grandview Heights Community Unit Plan
consisting of 52 dwelling units, with a waiver to
eliminate the recreation component, on property
generally located on the northwest corner of N.
14th Street and Superior Street. (In connection
w/03R-293)
Fact Sheet (1MB)
41) 03R-293 Accepting and approving the preliminary plat of
Grandview Heights to develop 52 lots including
waivers of the required side lines at right angles
to the street or radial, sanitary sewers to follow
the horizontal alignment of the roadway, street
light intervals to allow 55' spacing, sidewalks on
both sides of streets, street paving to allow
rural road cross section and ditches, location of
water and sanitary sewer mains in relation to
centerline, storm water, sanitary sewer transfer,
block lengths that exceed 1320', pedestrian access
in block lengths greater than 1000 feet, maximum
length of dead end streets and cul-de-sacs, urban
street tangent lengths, lot depth to width ratio,
street trees, intersection platforms, and double
frontage lots, on property generally located on
the northwest corner of N. 14th Street and
Superior Street. (In connection w/03R-292)
Fact Sheet (1MB)
42) 03R-294 Approving the appointment of Don W. Taute as
Personnel Director effective October 20, 2003.
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 (10/15/03) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (10/20/03).
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 - 3:46 P.M.
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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.,
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History