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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 22, 2001 AT 1:30 P.M.
Note: City Council Meeting of Mon., Jan. 29, 2001 is at 5:30 p.m.
No City Council Meeting the Week of Feb. 19th
City Council Meeting of Mon., Feb. 26, 2001 will be at 5:30 p.m.
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit App. of Raasch Enterprises, Inc. dba Buggy Bath -
716K Old Cheney for a Class D Liquor License at 5640 S.
16th St. (ADOPTED FOR APPROVAL, 7-0; A-80641.)
2) Exhibit Man. App. of Karen S. TeSelle for Raasch Enterprises,
168K Inc. dba Buggy Bath - Old Cheney at 5640 S. 16th St.
(ADOPTED FOR APPROVAL, 7-0; A-80642.)
3) Exhibit App. of Buggy Bath East L.L.C. dba Buggy Bath Car
772K Wash - East for a Class B/K Liquor License at 8350
Northwoods Dr. (ADOPTED FOR APPROVAL, 6-1; SENG
DISSENTING; A-80643.)
4) Exhibit Man. App. of Karen S. TeSelle for Buggy Bath East
90K L.L.C. dba Buggy Bath Car Wash - East at 8350
Northwoods Dr. (ADOPTED FOR APPROVAL, 7-0;
A-80644.)
5) Exhibit App. of Columbus Lincoln Hotel Prop. L.C. dba
110K Holiday Inn Downtown for a liquor catering license
at 141 North 9th St. (ADOPTED FOR APPROVAL, 7-0;
A-80645.)
6) Exhibit Man. App. of William R. Koller for Whitehead
173K Oil Company dba U-Stop Con-enience Shop at 8231 E.
"O" St. (ADOPTED FOR APPROVAL, 7-0; A-80646.)
7) Exhibit App. of Twisted Steele, Inc. dba The Sidetrack for a
1.2M Class C Liquor License at 935 "O" St. (ADOPTED FOR
APPROVAL, 7-0; A-80647.)
8) Exhibit Man. App. of Matthew S. Vrzal for Twisted Steele,
94K Inc. dba The Sidetrack at 935 "O" St.
(ADOPTED FOR APPROVAL, 7-0; A-80648.)
9) Exhibit Man. App. of April Dyas for Whitehead Oil Company
not dba U-Stop Conven-ience Ship at 2529 N.W. 12th St.
available (PUB. HEARING CONT'D & ACTION DELAYED FOR 1 WEEK
TO 01/29/01, 7-0.)
10) Exhibit App. of Wind Chimes Inc. dba Wind Chimes to expand
179K its Class I Liquor License by an area measuring 27'
by 28' in the northeast corner at 3520 Village Dr.,
Suite 100. (PUB. HEARING CONT'D & ACTION DELAYED
FOR 1 WEEK TO 01/29/01, 7-0.)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 11 THRU 18 HAD PUBLIC HEARING.)
11) 01-1 Change of Zone 3295 - App. of Valentino's for a
change from R-6 Residential to B-1 Local Business on
property generally located at N. 35th & Holdrege Sts.
Planning Department: Factsheet (962K)
12) 01-2 Amending the corporate limits of the City by
annexing approx. 0.19 acres of property generally
located east of 84th St. between Pioneers Blvd. &
Old Cheney Rd.
Planning Department: Factsheet (755K)
13) 01-3 Change of Zone 3294 - App. of D&D Development, Inc.
for a change from R-3 Residential to AG Agricultural,
& from AG Agricultural to R-3 Residential on property
generally located east of 84th St. between Pioneers
Blvd. & Old Cheney Rd.
Planning Department: Factsheet (620K)
14) 01-4 Amending Ordinance 17705 relating to the pay
of employees whose classifications are assigned to the
pay range prefixed by the letter "C" by creating the
job classifications of "Transfer Emergency Medical
Technician" & "Transfer Paramedic." (AMENDED TO ADD
THE EMERGENCY CLAUSE & TO HAVE 2ND & 3RD READING ON
THIS DATE, 7-0; PASSED, 7-0; #17781.)
15) 01-5 Amending Section 2.76.155 & 2.76.395 of the LMC to
allow specified part-time employees to receive
longevity pay, revising the vacation earnings
schedule of employees whose classifications are
assigned to the pay range prefixed by the letter
"M", & clarifying provisions regarding waiving
vacation & vacation payout.
Personal Department: Factsheet (49K)
16) 01-6 Amending Ord. 17707 relating to the pay schedules of
employees whose class-ifications are assigned to the
pay range which is prefixed by the letter "N" by
creating the job classification of "Internet Support
Specialist" & deleting the job classifications of
"Traffic Signal Service Worker," "Sign Painter I,"
"Sign Painter II," & "Parking Meter Repair Worker."
Personal Department: Factsheet (23K)
17) 01-7 Amending Ord. 17705 relating to the pay schedules of
employees whose classifications are assigned to the
pay range which is prefixed by the letter "A" by
deleting the job classifications of "Traffic
Maintenance Supervisor," "Traffic Engineer I," &
"Traffic Engineer II"; & relating to the pay
schedules of employees whose classifications are
assigned to the pay range which is prefixed by the
letter "C" by deleting the job classifications of
"Traffic Signal Techni-cian I" & "Traffic Signal
Technician II."
Personal Department: Factsheet (25K)
18) 01-8 Authorizing the execution & delivery of the Lease-
Lease-Purchase and Trust Agreement with Union
Bank & Trust Co., Lincoln, Nebraska, in an
amount not to exceed $1,450,000 for the
acquisition by the City of ambulances and
related life and safety equipment for the
City's Fire Department and a client information
system for the Department of Health.
Personal Department: Factsheet (22K)
PUBLIC HEARING - RESOLUTIONS
19) 01R-1 Appointing Susie Sup to the Parks & Recreation
Advisory Board to fill an unexpired term
expiring April 27, 2002. (ADOPTED, 7-0;
A-80649.)
20) 01R-2 Accepting a $100,000 donation from the family
of Jerome Warner for the development of
interpretation elements at the wetland site
generally located at the northwest corner of N.
98th St. & Hwy. 6. (ADOPTED, 7-0; A-80650.)
21) 01R-3 Ordering construction of Water Dist. 1181
generally located along Gladstone from 35th to
36th Sts. & 36th St. from Gladstone to Hartley.
(ADOPTED, 7-0; A-80651.)
22) 01R-4 Reappointing Jim Langtry & Maura Kelly-Tolzin
to the Government Access & Information Committee
for 1-yr. terms expiring Dec. 31, 2001. (ADOPTED,
7-0; A-80652.)
23) 01R-5 Appointing Shannon Ideus to the Government Access &
Information Committee for a 1-yr. term expiring Dec.
31, 2001. (ADOPTED, 7-0; A-80653.)
24) 01R-6 Appointing Randy Boldt, Charlene Gondring, & Dr. Ameeta
Martin to the Emergency Medical Services Inc. Board of
Directors for terms expiring March 28, 2001, March 28,
2002, & March 28, 2002 respectively. (ADOPTED, 7-0;
A-80654.)
25) 01R-7 Special Permit 1830A - App. of Richard Speidell to amend
the Mandarin Court Community Unit Plan to reduce the
private roadway Mandarin Ct. from 20' to 16' on property
generally located at 4811 Mandarin Cir. (ADOPTED, 7-0;
A-80655.)
Planning Department: Factsheet (1.23M)
26) 01R-8 Reappointing Sarah Porto & Mary Beck to the Lincoln-
Lancaster Women's Commission for 3-yr. terms expiring
January 1, 2004. (ADOPTED, 7-0; A-80656.)
27) 01R-9 Appointing Nancy Intermill & Helen Moore to the Lincoln-
Lancaster Women's Commission for terms expiring Jan. 1,
2004 & March 1, 2002 respectively. (ADOPTED, 7-0;
A-80657.)
Law Department: Factsheet (215K)
28) 01R-10 Accepting the report of new & pending claims against
the City & approving disposition of claims set forth
therein for the period of December 1 - 31, 2000.
(ADOPTED, 7-0; A-80658.)
Law Department: Fact Sheet (4K) Exhibit (31K)
29) 01R-11 Approving a Memorandum of Understanding between the
City's Fire Preven-tion Bureau & the State of
Nebraska, Nebraska State Patrol, to provide for
mutual aid & cooperation in deployment of personnel,
equipment, & resources relating to bomb & explosive
related incidents. (ADOPTED, 7-0; A-80659.)
Law Department: Fact Sheet (4K) Exhibit (12K)
30) 01R-12 Appointing Maria Salinas Sherffius to the Lincoln-
Lancaster Women's Commission for a 3-yr. term expiring
Jan. 1, 2004. (ADOPTED, 7-0; A-80660.)
31) 01R-17 Approving the reappointment of Dana W. Roper as the
City Attorney for a 2-yr. term expiring Jan. 18,
2003. (ADOPTED, 7-0; A-80661.)
PETITIONS & COMMUNICATIONS
32) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
33) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Jan. 8, 2001. (PLACED ON
FILE)
34) Investment of Funds - Dec. 29, 2000.
(ADOPTED, 7-0; A-80662)
Investment of Funds - Jan. 5, 2001. January 5, January 12
(ADOPTED, 7-0; A-80663.)
ORDINANCES - 1ST READING (ITEMS 35 THRU 37 HAD 1ST READING.)
35) 01-11 Approving an Agrmt. between the City & AT&T
Wireless, PCS, L.L.C. for the lease of space
for the installation & operation of
telecommunications antenna & associated ground
space on the 911 tower on property generally
located at 14th & Military Rd.
Law Department: Factsheet (7K) Attachment (390K)
36) 01-12 Change of Zone 3296 - App. of the Director of
Urban Development for a change from R-6
Residential to B-3 Commercial on property
generally located at N. 27th & S Sts.
Planning Department: Factsheet (698K)
37) 01-15 Authorizing a transfer of appropriations within
the Sanitary Sewer Construc-tion Fund & the
Water Construction Fund in the amount of
$94,889.00 from Proj. 502002 (WW Paint Booth),
700916 (WW Elec. Imps Main Substation), 701172
(WW Standby Gen NW7th & Oak Creek), & 700359
(Selected Repl.) to Proj. 502390 (WW Controls-
Impr. & Replacement); & in the amount of
$172,008.00 from Proj. 506213 (54" transmission
main from Ashland to 7th & Vine Sts. Reservoir)
& 701024 (Well Replacements at Ashland) to
Proj. 701283 (Water Transmission Pump Station
Replacement), 500480 (Water Treatment Plant
Expansion Rehabilitation), 700311 (Water Data
Link to Ashland), 700844 (Diesel System
Modifications & Cleanup), 700941 (Water Control
Room Remodeling), & 701025 (PVC Storage
Building).
Public Works Department: Factsheet (31K)
ORDINANCES - 3RD READING
38) 00-221 Disestablishing the Downtown Core Management &
Enhancement Dist. within an area in downtown Lincoln
between 10th St. & Centennial Mall, & between Q & M
Sts. (PASSED, 7-0; #17782.)
39) 00-222 Disestablishing the Downtown Perimeter Management &
Enhancement Dist. within an area in downtown Lincoln
between 7th St. & 17th St. , & R & H Sts.
(PASSED, 7-0; #17783.)
PENDING LIST (EXTENDED ONE WEEK.)
40) 95-128 Change of Zone 2912 - App. of Don Fauth for a change
from AG to AGR on property generally located ½
mi. west of Coddington at SW 27th St. & Old Cheney
Rd. (10/14/96 - Placed on Pending)
Planning Department: Factsheet (782K)
41) 98-52 Declaring city-owned property legally described
as the remaining portion of Lots 226-229,
Ridgeview Add., except the north 10' of said
lots, generally located at N. 5th & Adams St.,
as surplus & authorizing the sale thereof.
(4/6/98 - Placed on Pending)
Planning Department: Factsheet (545K)
42) 97-122 Amending Sec. 5.04.060 of the LMC to prohibit
issuance of SDL's for sale of liquor to the general
public in the downtown area on home football game
days. (8/25/97 - Amended; Placed on Pending)
Planning Department: Substitute Ordinance (63K)
43) 97-142 Change of Zone 3076 - App. of Dustrol, Inc. for a
change from AG Agricul-tural to H-4 General
Commercial on property generally located on the
south side of Arbor Rd., west of N. 56th St.
(9/22/97 - Placed on Pending)
Planning Department: Factsheet (1.2M)
44) 99R-134 Approving a recommendation that the Mayor amend
Administrative Regulation #9 to allow for the
creation & implementation of a take-home vehicle
program for police officers in targeted
revitalization strategy areas. (5/10/99 - Placed on
Pending)
45) 00R-64 Special Permit 1423C - App. of Dru, Guy, & David
Lammle to amend the Himark Estates Community Unit
Plan to add land, increase the assigned number of
dwelling units from 240 to 300 multi-family dwelling
units, & to approve the site plan for the multiple
family area, on property generally located at the
northeast corner of S. 84th St. & Old Cheney Rd.
(3/13/00 - To remain on Pending)
Planning Department: Factsheet pt1 (1.5M)
Factsheet pt2 (1M)
46) 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)
Planning Department: Factsheet (1.4M)
47) 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 Neigh-borhood 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)
Planning Department: Factsheet (949K)
48) 00-72 Change of Zone 3245 - App. of Manette Kidney
for a change from AG Agri-cultural to O-2
Suburban Office on property generally located
at S. 84th St. & Old Cheney Rd. (4/24/00 -
Reconsidered & Placed on Pending)
Planning Department: Factsheet (662K)
49) 00R-182 RE: Special Permit 1165A - To show cause why said
Special Permit should not be revoked for failure to
comply with the conditions of the Special Permit
(1301 "H"). (7/17/00 - Placed on Pending)
Planning Department: Factsheet (1M)
50) 00-159 Change of Zone 3206 - App. of Realty Trust Group for
a change from AGR Agricultural Residential to B-1
Local Business Dist. on property generally located
at S. 70th St. & Pine Lake Rd. (9/18/00 - Placed on
Pending)
Planning Department: Factsheet (40K)
51) 00-169 Vacating the north/south alley from Seward Ave.
north to the east/west alley in Block 95, Havelock
Add., generally located between N. 62nd & N. 63rd
Sts. (9/25/00 - Placed on Pending)
Planning Department: Factsheet (16K)
52) 00-160 Ord. 17727 - Change of Zone 3207 - App. of Realty
Trust Group for a change from AG Agricultural to B-2
Planned Neighborhood Business Dist. on pro-perty
generally located at S. 84th St. & Old Cheney Rd.
(10/2/00 - Placed on Pending)
Planning Department: Factsheet (47K)
53) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 ft. (10/16/00 - Placed on Pending)
Planning Department: Factsheet (16K)
54) 00-199 Vacating N. 40th St. from the John Dietrich Trail
north to the terminus of N. 40th St., generally
located at the north end of 40th St., north of Adams
St. (11/6/00 - Placed on Pending)
Planning Department: Factsheet (18K)
55) 00-200 Vacating W. N St. from the west line of S.
Coddington to a point approx. 300' west thereof.
(11/6/00 - Placed on Pending)
Planning Department: Factsheet (987K)
56) 00R-271 Resolution A-80486 - Use Permit 131 - App. of Krein
Real Estate, Inc. to con-struct seven 5,000 sq. ft.,
one-story, office/medical buildings & associated
parking, with requests to reduce the private roadway
width of Waltz Rd. & to waive sidewalks along one
side of the private roadways, on property generally
located at S. 56th St., 1/4 mile south of Old Cheney
Rd. (In connection w/00R-272, 00-173) (10/16/00 -
Reconsidered, 6-0; Action delayed 2 weeks to
10/30/00, 6-0) (10/23/00 - Public Hearing & Action
11/6/00) (11/6/00 - Placed on Pending)
Planning Department: Factsheet (52K)
57) 00R-308 Accepting & approving the Pre. Plat of Wilderness
Park Estates including waivers for curb & gutters,
sidewalks, stormwater detention, & street trees, on
property generally located west of S. 14th St. &
Mockingbird Lane. (In con-nection w/99-93, 00R-309,
00-209) (11/27/00 - Action delayed until 1/8/01)
(12/18/00 - To remain on Pending w/no definite date)
Planning Department: Factsheet (1.8M)
58) 00R-309 Special Permit 1832 - App. of George & Kathy
Mechling to develop Wilderness Park Estates
Community Unit Plan consisting of 19 dwelling units
on property generally located at S. 14th St. &
Mockingbird Lane. (In connection w/99-93, 00R-308,
00-209) (11/20/00 - Action delayed until 1/8/01)
(12/18/00 - To remain on Pending w/no definite date)
Planning Department: Factsheet (1.7M)
59) 00-209 Vacating a portion of Pine Lake Rd. from the west
line of Lazy Acres Subdivi-sion west to the railroad
right-of-way, generally located west of S. 14th St.
& Pine Lake Rd. (In connection w/00R-308, 00R-209,
99-93) (11/27/00 - Action delayed until 1/8/01)
(12/18/00 - To remain on Pending w/no definite date)
Planning Department: Factsheet (16K)
60) 99-93 Amending the corporate limits of the City by
annexing approx. 45 acres of pro-perty
generally located at S. 14th St. & Mockingbird
Lane North. (In connec-tion w/00R-308, 00R-
309, 00-209) (11/27/00 - Action delayed until
1/8/01) (12/18/00 - To remain on Pending w/no
definite date)
Planning Department: Factsheet (2M)
61) 00R-328 Approving a Conservation Easement Agrmt. between the
not City & TMCO Investments to preserve the flood
available storage capacity in an area generally located at 6th
On-line & H Sts. (12/11/00 - Placed on Pending)
62) 00-219 Vacating a portion of Dairy Dr. from the west line
of S. 14th St. to a point approx. 1,328' west,
generally located off S. 14th St. south of
Centerpark Rd. (12/18/00 - Placed on Pending)
Planning Department: Fact Sheet (942K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JANUARY 29, 2000: (APPROVED, 7-0.)
63) 01R-13 Creating Paving Unit _____ in 73rd St. from Cuming
St. to Thurston Ave.
Public Works & Utilities Department: Factsheet (18K)
64) 01R-14 Approving an Interlocal Agrmt. between the City &
County for the provision of wellness & safety
services to County employees.
Law Department: Fact Sheet (12K), Agreement (12K)
Attachments (7K)
65) 01R-15 Amending Van Dorn Meadows 1st Community Unit Plan to
allow 448 dwell-ing units to be constructed on
property generally located at 72nd & Van Dorn Sts.
Law Department: Factsheet (67K) Attachments (7K)
66) 01R-16 Approving Supplemental Agrmt. Number 1 between the
City Parks & Rec. Dept. & the State of Nebraska
Dept. of Roads to extend the deadline for securing a
contract to construct Bison Trail to April 1, 2001.
Law Department: Factsheet (67K)
67) 01R-19 Accepting the report of new & pending claims against
the City & approving disposition of claims set forth
therein for the period of January 1 - 15, 2001.
Law Department: Factsheet (4K) Attachments (29K)
68) 01R-20 Approving a resolution directing the submission of a
not proposed general obligation bond issue for extension
available of improvements to the City's storm sewer & drainage
On-line system at the April 3, 2001 City primary election.
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. THE WEDNESDAY (1/24/01) PRIOR TO THE NEXT FORMAL
CITY COUNCIL MEETING (1/29/01).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, MAY DO
SO AT THIS TIME.
ADJOURNMENT 2:30 P.M.
UPCOMING HEARINGS
Hearing date of Feb. 5, 2001 at 1:30 p.m. for the Man. App. of
Trevor J. Brandenburgh for B.V.R., Inc. dba Club Chaos located
at 1600 "O" St.
CITY COUNCIL MEETING
JANUARY 22, 2001
32) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomm. Occ. Tax due as
follows: 4th Quarter, 2000: winstar Wireless, Inc.;
Nov. 2000: MCI Telecomms., Global Crossing Telecomms.;
Dec., 2000: One Call Comms. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3292 - App. of Planning Director to create a
new LMC Section 27.53, Interstate I-80 Entryway Dist., an
overlay district.
Change of Zone 3302 - App. of Rolf Edward Shasteen for a change
from R-2 to O-2 on property generally located at 857 S. 48th St.
Change of Zone 3303 - App. of Aspen Builder for a change from
AGR to R-3 on property generally located at SW 27th & W. "A"
Sts.
UNL Microbiologist Report of water tested for the month of
December, 2000. (PLACED ON FILE)
Setting hearing date of Mon., Jan. 29, 2000 at 5:30 p.m. on
the App. of St. Patrick's Festival to hold a raffle in the
City of Lincoln for the period of Feb. 2 thru March 17, 2001.
(APPROVED, 7-0.)
History