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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 26, 2001 AT 5:30 P.M.
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit Application of GJR L.L.C. dba "Randy's Grill & Chill"
833M for a Class "C" liquor license at 4947 Holdrege Street.
(ADOPTED FOR APPROVAL, 7-0; A-80743)
2) same as Manager application of Randy A. Wilson, Jr. for GJR L.L.C.
#1 dba "Randy's Grill & Chill" at 4947 Holdrege Street.
(ADOPTED FOR APPROVAL, 7-0; A-80744)
3) Exhibit Application of Expo Inc. dba "Iguana's Pub & Grill"
102K to delete an area measuring approximately 140' x 23'
to the east of the licensed premises at 1430 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-80745)
4) Exhibit Manager application of Charles R. Salem for Salem
120K Oil Company dba "South Street Amoco" at 1648 South Street.
(ADOPTED FOR APPROVAL, 7-0; A-80746)
5) not Manager application of Matthew Herman for Namreh Inc.
available dba D & D Distributor located at 5840 North 70th Street.
(ADOPTED FOR APPROVAL, 7-0; A-80747)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 6 THRU 8 HAD 2ND READING; SEE ITEM 8)
6) 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.
Planning Department: Fact Sheet (1.1M)
7) 01-40 Vacating the public right-of-way adjacent to the west side
of Stadium Dr. from the south line of U St. to the north line
of Lot 4, Block 10, North Lincoln Add., & vacating U St. from
the east line of 10th St. to a point 12 feet east of the west
line of Stadium Dr.
Planning Department: Fact Sheet (1.5M)
8) 01-41 Approving a Lease Agrmt. between the City, AT&T, & Touch
America for the placement of telecommunications conduits at
the City's Ashland wellfield property. (ON 3RD READING)
Fact Sheet (7K) Agreement (319K)
PUBLIC HEARING - RESOLUTIONS
9) 01R-56 Approving an Agrmt. between the City & Lincoln Chamber
Economic Development Corp. for the promotion of economic
development in Lincoln.
Fact Sheet (4K) Eco. Dev. Agreement (357K)
(ADOPTED, 6-1; COOK DISSENTING; A-80748)
10) 01R-57 Approving an Interlocal Agrmt. between the City & and
the County for the paving of North 70th Street from Inter-
state 80 north to Waverly Road.
Planning Department: Factsheet (24K), Attachment (82K)
(ADOPTED, 7-0; A-80749)
11) 01R-58 Authorizing the application to the Federal Transit
Administration for financial assistance associated
with the planning, research capital, and operating
costs for StarTran during FY 2001 - 2002.
Planning Department: Factsheet (25K)
(ADOPTED, 7-0; A-80750)
12) 01R-60 Reappointing Randy Boldt to the EMS, Inc. Board of
Directors for a three-year term expiring March 28, 2004.
(ACTION DELAYED FOR TWO WEEKS TO 4/9/01, 7-0)
13) 01R-61 Appointing Rev. Lauren Ekdahl to the EMS, Inc. Board
of Directors for a three-year term expiring March 28, 2004.
(ACTION DELAYED FOR TWO WEEKS TO 4/9/01, 7-0)
14) 01R-59 Comp. Plan Amendment 94-56 - App. of the Planning Director
to amend the 1994 Lincoln-Lancaster County Comprehensive Plan
to adopt the "Southeast Lincoln/Highway 2 Subarea Plan" for
the area generally from S. 56th to S. 98th Street, from Old
Cheney Road to 1/2; mile south of Yankee Hill Road, including
any associated amendments to the land use, phasing, utility
and/or community facilities sections of the Plan.
Planning Department: Factsheet (102K),
Comp. Plan Amendment #94-56, Southeast Lincoln (1.1M)
Public Meeting on Southeast Lincoln (1.1M)
(ADOPTED AMENDMENTS 1 & 2, 7-0; ADOPTED, 7-0; A-80751)
15) 01R-44 Appeal of Arlon E. & Corrine D. Bartels, Dale & Jenine M.
Meiner, Deanna Mumgaard, Mary Mumgaard, David Watts, Drennen
Watts, M. Laimons Iesalnieks, & Larry & Denise Maack, from
the Planning Commission approval of Special Permit 1892
authorizing Qwest Wireless L.L.C. to construct a 123' tall
personal wireless facility with associated ground equipment &
a waiver of the fall zone requirement on property generally
located at N. 7th St. & Fletcher Ave. (2/26/01 - Placed on
Pending for 2 weeks to 3/12/01) (3/5/01 - To remain on Pending
until 3/19/01) (3/12/01 - Removed from Pending for Action on
3/19/01) (3/19/01 - Action delayed one week w/Public Hearing
reopened on 3/26/01)
Planning Department: Fact Sheet (121K)
Arials (1.3M) Photographs (3.8M) Qwest (1.9M)
(ACTION DELAYED FOR ONE WEEK W/PUBLIC HEARING TO
4/2/01, 7-0)
PETITIONS & COMMUNICATIONS
16) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3306 - App. of Krein Real Estate, Inc. from
R-1 to R-T on property at S 56th St. & Waltz Rd.
Change of Zone 3314 - App. of D & R Development, Inc. from AG
to H-3 & I-3 at N.W. 56th & West O Sts.
Change of Zone 3315 - App. of Phil Durst from R-4 to I-1 at
1st and L Street.
Change of Zone 3316 - App. of Lancaster County Board of
Commissioners from O-3 to P at 46th & R Streets.
Change of Zone 3317 - App. of Noel Chadd from R-2 to R-4 at
N. 1st St. & Garber Ave.
Use Permit 138 - App. of Krein Real Estate, Inc. to develop
office/medical space as per 27.28.090 of the Lincoln
Municipal Code at S. 56th St. & Waltz Rd.
Special Permit 1447A - App. of Capitol Sports Foundation for
baseball fields with associated parking at 70th & Arbor Rd.
Special Permit 1665A - App. of Chateau Development, Stefan
Gaspar, to add 13 units & request height variance to 40'
at 72nd & Van Dorn Blvd.
Special Permit 1808A - App. of NEBCO, Inc. to develop duplex
units at N. 1st & Fallbrook Blvd.
Special Permit 1904 - App. of Todd J. Corliss for a liquor
license for a reception hall, sale of alcoholic beverages
for on & off sale at 4538 N. 62nd & 6221 Burlington.
Special Permit 1905 - App. of Noel Chadd to develop a Community
Unit Plan containing 2-4 plex units, 3-6 plex units &
associated parking areas at N. 1st Street & Garber Ave.
Special Permit 1906 - App. of Alltel to add three antennas to
existing tower at 400 S. 84th St.
Special Permit 1907 - App. of Alltel to add three antennas to
existing tower at 7th & Fletcher.
17)MISCELLANEOUS REFERRALS
Setting hearing date of Monday, April 16, 2001 at 1:30 p.m.
on the Man. App. of Matthew J. Kempston for B & R Stores,
Inc. dba Super Saver #17 at 2525 Pine Lake Rd. (ADOPTED,
7-0; A-80752)
REPORTS FROM CITY TREASURER OF TELECOMM. OCC. TAX FOR THE
MONTH OF FEBRUARY 2001: NPCR INC./NEXTEL, NEXTEL WEST, ATS
MOBILE, PHOENIX NETWORK, OPERATOR COMM., RSL COM USA, TRI-M,
INCOMNET, NOSVA, LIGHTYEAR, ATT WIRELESS PCS, TELCO WESTERN
UNION, MECLEODUSA, ASSN. ADM., LONG DISTANCE OF MICHIGAN, XO
LONG DISTANCE OF MICHIGAN, XO LONG DISTANCE, COMDATA,
GLYPHICS, NEBRASKA TECHNOLOGY, USA PAGING, SPRING SPECTRUM,
EXCEL, BIG PLANET, I-LINK, ZONE TELECOM., EQUALITY, GST NET,
NOS, GLOBALCOM, SINGLE BILLING SERVICES. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT:
Change of Zone 3308 - App. of Pine Lake Heights Apartments,
LLC to change Lincoln Municipal Code Sec. 27.67.03
reference parking for multi-family dwelllings in any
zoning district.
REPORTS OF CITY OFFICERS
18) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Mar. 12, 2001.
(PLACED ON FILE)
19) Investment of Funds.
(ADOPTED, 7-0; A-80753)
20) Reports from City Treasurer of Telecomm. Occ. Tax for the
month of February, 2001: Viatel, Qwest Comm., Touch America,
LCI Int'l. TracFone Wireless, Primus, Trans National,
Working Assets Funding, Teligent Services, D & D Comm.,
One Call, Atlas. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 21 THRU 27 HAD 1ST READING)
21) 01-13 Declaring approximately .91 acres of property generally
located in Lot 2, Fairview Cemetery 1st Addition, generally
located near N. 84th Street and Adams Street, as surplus and
authorizing the sale thereof.
Planning Department:Fact Sheet (858K)
22) 01-41 Amending Chapter 6.04 of the Lincoln Municipal Code relating
01-47 to Animal Control Regulations Generally to amend definitions;
to increase impoundment fees; to make it unlawful to own animal
hybrids; to provide restrictions relating to activities of pet
shops; amending cruelty to animals to provide a separate
section relating to animal neglect; to provide exceptions to
violations; amending provisions regarding selling or giving
away animals; and to provide additional penalties for
violations.
Law Department:Fact Sheet (14K)
23) 01-42 Amending Chapter 6.04 of the Lincoln Municipal Code relating to
Animal Control Regulations Generally to allow the Director of
the Health Department to impound unusual animals; to provide
permit provisions for animal exhibits or rides; to make it
unlawful to provide for unusual carnivorous mammals to be
restrained by the public for entertainment purposes; and to
provide an appeal process for denied, non-renewed and revoked
animal exhibit or ride permits.
Law Department:Fact Sheet (14K)
24) 01-43 Amending Chapter 6.12 of the Lincoln Municipal Code relating
to Cats to add a definition for "cat hobby kennel" and amending
the definition of "kennel; to provide the word "Lincoln" be
engraved on all cat tags; to provide that all money received
by the Director under Chapter 6.12 shall be credited to the
Animal Control Fund; to make it unlawful for cats that are not
spayed or neutered to run at large; to repeal the current
provisions relating to cats running at large while in heat;
to delete references to sections being repealed; to make it
unlawful to maintain a cat kennel; to provide exceptions to
having a cat kennel; to create a permit process to obtain a cat
hobby kennel; to provide restrictions relating to a cat hobby
kennel; to repeal the current provisions relating to hobby
kennel or cattery permits; and to increase the minimum fine
for first offense violations of Chapter 6.12 from $25 to $35.
Law Department:Fact Sheet (15K)
25) 01-44 Amending Chapter 6.08 of the Lincoln Municipal Code relating
to Dogs to add a definition for "dog hobby kennel" and to
amend the definition of "kennel"; to provide the word
"Lincoln" be die-stamped on dog tags; to provide that owners
of dogs shall dispose of waste material accumulating from
their dogs at least once every five days; to include dog
hobby kennel permit holders as exceptions to dog kennel
prohibition; to create an exception to having a dog kennel
for persons on land that is annexed by the City; to require
permits for dog hobby kennels; to provide restrictions
relating to dog hobby kennels; to provide that money received
pursuant to Chapter 6.08 shall be credited to the Animal
Control fund; and to increase the minimum fine for first
offense violations of Chapter 6.08 from $25.00 to $35.00.
Law Department:Fact Sheet (15K)
26) 01-45 Change of Zone 3263 - Application of Pioneer Woods, L.L.C. for
a change of zone from B-1 Local Business and R-3 Residential
to B-2 Planned Neighborhood Business on property generally
located at the northeast corner of 70th and Pioneers Blvd.
Planning Department:Fact Sheet (780K)
27) 01-46 Approving a Redevelopment Agrmt. between the City & TJK
Investments, Inc. for the redevelopment of the west side of
N. 27th St. between S & T Sts. to be known as "Sterling
Village" Office/Retail Site.
Planning Department: Redevelopment Agreement (903K)
RESOLUTIONS - HAD PUBLIC HEARING - FOR COUNCIL ACTION
28) 01R-50 Appeal of Heartland Insurance Pool, Inc. from the Planning
Commission denial of Special Permit 1896 for authority to
operate a salvage yard on property generally located at N.
1st & Charleston Sts. (3/12/01 - Action delayed one week to
3/19/01) (3/19/01 - Action delayed one week to 3/26/01)
Planning Department: Fact Sheet (892K)
(ACTION DELAYED FOR TWO WEEKS W/PUBLIC HEARING
REOPENED TO 4/9/01, 7-0)
ORDINANCES - 3RD READING
29) 01-41 Approving a Lease Agrmt. between the City, Touch America for
the placement of telecommunications conduits at the City's
Ashland wellfield property. (Also on 2nd Reading)
Fact Sheet (7K) Agreement (319K)
(PASSED, 7-0; #17815)
PENDING LIST (EXENDED ONE WEEK)
30) 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)
31) 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)
32) 00R-64 Special Permit 1423C - App. of Dru, Guy, & David Lammle to
amend the Himark Estates C.U.P. 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)
33) 00-72 Change of Zone 3245 - App. of Manette Kidney for a change
from AG Agricultural to O-2 Suburban Office on property
generally located at S. 84th St. & Old Cheney Rd. (4/24/00 -
Reconsidered & Placed on Pending) (2/26/01 - Motion to
Indefinitely Postpone died due to lack of Second; remain on
Pending)
Planning Department: Factsheet (662K)
34) 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)
35) 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) (2/26/01 - Motion to Indefinitely
Postpone Lost, 1-5; remain on Pending)
Planning Department: Factsheet (40K)
36) 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)
37) 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 property
generally located at S. 84th St. & Old Cheney Rd.
(10/2/00 - Placed on Pending) (2/26/01 - Motion to
Indefinitely Postpone Lost, 1-5; remain on Pending)
Planning Department: Factsheet (47K)
38) 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)
39) 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)
40) 00R-271 Resolution A-80486 - Use Permit 131 - App. of Krein
Real Estate, Inc. to construct 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)
41) 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 connection 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)
42) 00R-309 Special Permit 1832 - App. of George & Kathy
Mechling to develop Wilderness Park Estates C.U.P.
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)
43) 99-93 Amending the corporate limits of the City by
annexing approx. 45 acres of property
generally located at S. 14th St. & Mockingbird
Lane North. (In connection 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)
44) 00-209 Vacating a portion of Pine Lake Rd. from the west
line of Lazy Acres Subdivision west to the railroad
right-of-way, generally located west of S. 14th St.
& Pine Lake Rd. (In connection w/00R-308, 00R-309,
99-93)
Planning Department: Factsheet (16K)
45) 01-22 Vacating Pine Lake Rd. from the west line of
Lazy Acres Subdivision east to the west line of
Lot 6 I.T., generally located west of S. 14th
St. & Pine Lake Rd. (2/26/01 - Placed on Pending)
Planning Department: Factsheet (967K)
46) 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)
47) 01-14 Declaring approx. 2.04 acres of property
generally located on the north side of Pioneers
Blvd., west of Ridgeview Drive, as surplus &
authorizing the sale thereof. (2/26/01 - Placed on
Pending)
Planning Department: Fact Sheet (709K)
48) 01-20 Creating Alley Paving Dist. 360 in the
north/south alley between Worthington Ave. &
20th St., from South St. north approx. 300'.
(3/5/01 - Placed on Pending)
Public Works & Utilities Department: Fact Sheet (83K)
49) 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)
Planning Department: Factsheet (1.4M)
50) 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)
Planning Department: Factsheet (949K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, APRIL 2, 2001:
(APPROVED, 7-0)
51) 01R-62 Approving an Agreement between the City, Lincoln
Electric System, and St. Elizabeth Health System and
its subsidiaries, for employee workers' compensation
injuries and miscellaneous medical and other
services for a three-year term.
Planning Department: Factsheet (88K) Agreement (303K)
52) 01R-63 Approving an Agreement between the City and the
State Dept. of Roads for the funding of a project to
reconstruct the intersection of 33rd and Sheridan
Boulevard as a "roundabout."
Public Works & Utilities Department: Factsheet (26K) Agreement (368K)
53) 01R-64 Approving an Agreement between the City and the
State Dept. of Roads for the funding of a project to
analyze the alignment of Highway U.S. 6 (Sun Valley
Boulevard) from West "O" Street north to Cornhusker
Highway.
Public Works & Utilities Department: Factsheet (27K) Agreement (39K)
54) 01R-65 Approving an Agreement between Big Red Keno and GJR,
L.L.C. dba "Randy's Grill & Chill" for the operation
of a Keno satellite site at 4947 Holdrege Street.
55) 01R-67 Accepting the report of new and pending claims
against the city and approving disposition of claims
set forth therein for the period of March 1-15, 2001.
Law Department: Factsheet (5K)
56) 01R-68 Accepting and approving the preliminary plat of
Pioneer Woods for 8 commercial lots and 2 outlots,
and waivers of the required stormwater detention, an
increase in the 15' depth of sanitary sewer, and an
increase of the street approach platforms to 3%, on
property generally located at the northeast corner
of 70th and Pioneers Blvd.
Planning Department: Factsheet (1.6M)
57) 01R-69 Use Permit 130 - Application of Pioneer Woods,
L.L.C. to develop 142,000 sq. ft. of
commercial/retail/restaurant space and to waive the
standard 50' front yard to allow free-standing pad
site ground signs in the front yard on property
generally located at the northeast corner of 70th
and Pioneers Blvd.
Planning Department: Factsheet (1.7M)
58) 01R-70 Appointing Rifka Keilson to the Community
Development Task Force to fill an unexpired term
expiring August 31, 2002.
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 (3/28/01) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (4/2/01).
Friends of the Homestead To show appreciation for support of
Homestead National Monument of America
& Homestead Expressway portion of
Hwy. 77.
(LORENE RIEDESEL AND BILL SCULLY REPRESENTING FRIENDS OF THE
HOMESTEAD OF BEATRICE, NE CAME FORWARD & PRESENTED POSTERS)
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 8:49 P.M.
UPCOMING HEARINGS
Hearing date of Monday, April 2, 2001 at 1:30 p.m. on the App.
of Levy Premium Foodservice Limited Partnership dba Levy Restaurants
Haymarket Park at 999 North Sixth St.
History