ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, APRIL 15, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MARCH, 2002
to Randy Winch of the Public Works/Utilities - Street
Maintenance Division in the safety category.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Jason T. Kuhr dba "Main Street Café,"
340K for a Class "I" liquor license at 1325 O Street.
PUBLIC HEARING
ORDINANCES - 2nd READING & RESOLUTION
(ITEMS 4 - 6 HAD PUBLIC HEARING - SEE ITEMS 2 & 3)
2) 02-39 Establishing a retirement incentive program for
City employees who meet certain age & service
criteria. (In connection w/02R-63 ) (3/25/02 -
P.H. delayed to 4/15/02) (Request 2nd & 3rd
Reading w/Emergency Clause) (ADOPTED FOR APPROVAL,
7-0; A-81442 ) (PLACED ON PENDING INDEFINITELY, W/P.H.
& 2ND READING WHEN BILL BROUGHT FORWARD, 7-0)
3) 02R-63 Approving a transfer of appropriations from
existing re-appropriations for budgets in various
departments for the funding of the retirement
incentive program as set forth in Bill No. 02-39.
(In connection w/02-39) (3/25/02 - P.H. delayed
to 4/15/02) (PLACED ON PENDING INDEFINITELY, W/P.H.
WHEN BILL BROUGHT FORWARD, 7-0)
4) 02-47 Vacating the east-west alley adjacent to Lot 63,
Capital Heights Addition to University Place,
generally located east of N. 51st Street one block
south of Y Street. Fact Sheet (713K)
5) 02-48 Amending Chapter 1.20 of the Lincoln Municipal
Code, the Uniform Inspections Code, by adding a
new section numbered 1.20.060 to make it unlawful
to refuse to permit an inspection authorized by an
inspection warrant.
6) 02-49 Approving a five-year lease between the City and
Nebraska National Bank for the lease of golf
course maintenance equipment. Fact Sheet (53K)
Agreement (130K)
PUBLIC HEARING
ORDINANCE 3RD READING
7) 02-30 Creating Sewer District No. 1177 in Old
Cheney Road from approximately 62nd Street east to
approximately Pheasant Run Lane. (3/25/02 -
P.H. con't. w/action 4/8/02) (4/8/02 - Delay 1 wk,
P.H. con't. to 4/15/02) Fact Sheet (25K)
(DELAYED W/P.H. ONE WEEK TO 4/22/02)
PUBLIC HEARING - RESOLUTIONS
8) 02R-70 Special Permit 1939A - Application of the American
Heart Institute to revise the site layout and
adjust the boundary of Special Permit No. 1939 for
an 80 bed hospital and 30,000 square foot medical
office building, on property generally located at
S. 98th Street and Pine Lake Road. Fact Sheet (505K)
(ADOPTED, 7-0; A-81443)
9) 02R-71 Approving an Agreement between the City and State
for roadway construction of 84th Street from Kathy
Lane to Cheney Ridge Road. Fact Sheet (27K)
Agreement (225K) (ADOPTED, 7-0; A-81444)
10) 02R-72 Approving an Agreement between the City and State
for repairing the existing concrete roadway and
resurfacing State Connecting Link L-55X between
Cornhusker Highway and the eastbound ramps of
Interstate 80. Fact Sheet (27K), Agreement (133K)
(ADOPTED, 7-0; A-81445)
11) 02R-73 Approving an Agreement between the City and State
for construction of a median divided 4-lane
concrete roadway in the 84th Street corridor,
between Cheney Ridge Road and Amber Hill Road.
Fact Sheet (27K) (ADOPTED, 7-0; A-81446)
12) 02R-74 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of March
16 - 31, 2002. Fact Sheet (5K), Exhibit A (34K)
(ADOPTED, 7-0; A-81447)
13) 02R-82 Endorsing the Lincoln-Lancaster County Substance
Abuse Action Plan as the official program defining
the goals and strategies for prevention,
treatment, and criminal justice relating to
substance abuse in the City and County.(Request
to waive rules to have p.h. & action 4/15/02)
(COUNCIL RULES WAIVED TO HAVE PUBLIC HEARING
AND ACTION ON THIS DATE, 7-0; ADOPTED, 7-0; A-81448)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS - NONE
14) MISCELLANEOUS REFERRALS
Clerk's Letter & Mayor's Approval of Resolution &
Ordinances passed on April 8, 2002. (PLACED ON FILE)
Setting hearing date of Monday, April 29, 2002 at
5:30 P.M. for the Mgr. App. of David L. West for
Fontenelle Oil Co. dba Holiday Stationstore #117
located at 2200 N. 48th Street. (ADOPTED, 7-0, A-81449)
Report of UNL Microbiologist for the water tested
in the month of March, 2002. (PLACED ON FILE)
Report from City Treasurer of Telecomm. Occ. Tax
for the month of January, 2002: Tri-M
Communications, Inc.; for the month of February,
2002: MCI WorldCom Network Services, Inc., Coast
International, Inc., IBM Global Services-NS Div.,
Network Billing Systems, L.L.C., Intellicall
Operator Services, Bell Atlantic Communications,
Guaranteed Phone Service, Nebraska Technology &
Telecommunications, Inc., McLeod USA
Telecommunications Services, Inc., Trans National
Communications International, Inc., Glyphics
Communications, Inc., Alltel Systems of the
Midwest, Inc., Alltel Nebraska, Inc., Alltel
Communications of Nebraska, Inc., Glyphics
Communications, Inc. (amended), Sprint Spectrum,
L.P., and Sprint Communication Company Limited
Partnership. (PLACED ON FILE)
REPORTS OF CITY OFFICERS - NONE
ORDINANCES - 1ST READING (ITEMS 15 & 16 HAD 1ST READING)
15) 02-50 Amending Chapter 10.16 of the Lincoln Municipal
Code to delete existing language relating to
suspended licenses; adding a new section relating
to operation of a motor vehicle when an operator's
privilege has been suspended or revoked by a court
pursuant to law or by the Director of the State
Department of Motor Vehicles; and adding a new
section relating to operation of a motor vehicle
when an operator's privilege has been suspended
but is otherwise capable of being reinstated.
Fact Sheet (745K)
16) 02-51 Change of Zone 3360 - Application of Herb and
Katie Reese for a change of zone from R-4
Residential to O-2 Suburban Office on property
generally located at S. 49th Street and Lowell
Ave. Fact Sheet (745K)
ORDINANCES - 3RD READING
17) 02-41 Approving a contract between the City and the
Lincoln Haymarket Development Corp. to operate and
regulate a Saturday public market in the Haymarket
area from May 4, 2002, through October 26, 2002.
(PASSED, 7-0; #17983)
18) 02-42 Change of Zone 3358 - Application of Robert
Stephens for a change of zone from H-4 General
Commercial to R-2 Residential and I-1 Industrial
on property generally located north and east of
the intersection of S.W. 6th and West "A" Streets.
Fact Sheet (626K) (PASSED, 7-0; #17984)
19) 02-43 Change of Zone 3351 - Application of Jake Von
Busch for a change of zone from H-4 General
Commercial to I-1 Industrial on property generally
located north and east of the intersection of S.W.
5th Street and West B Street. Fact Sheet (639K)
(PASSED, 7-0; #17985)
20) 02-44 Vacating the east-west alley between N. 18th and
N. 19th Street from O to P Streets, in Block 29,
Kinney's O Street Addition.(Substitute
ordinance submitted) Fact Sheet (687K)
(SUBSTITUTE ORDINANCE ACCEPTED, 7-0; PASSED, #17986)
21) 02-45 Amending Section 5.04.100 of the Lincoln Municipal
Code to make the ordinance consistent with
Nebraska State statute by making it illegal for a
minor to consume alcoholic liquor. Fact Sheet (5K)
(PASSED, 7-0; #17987)
22) 02-46 Authorizing the issuance of not to exceed
not available $7,500,000 General Obligation Storm Sewer and
on-line Drainage System Bonds, Series 2002 (with
emergency clause). (PASSED, 7-0; #17988)
PENDING LIST (EXTENDED ONE WEEK)
23) 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)
24) 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)
25) 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. (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)
26) 01-66 Change of Zone 3315 - App. of Phil and Mary Durst for a change
from R-4 Residential to I-1 Industrial on property generally
located at South 1st and L Streets. (4/23/01 - Placed on
Pending; P. H. Con't.) Fact Sheet (997K), Photo's (618K),
Photo's (664K), Drawings (2.2M), Photo's (1.4M)
27) 00-177 Vacating a portion of N. 60th St. from Seward Ave. South 142 ft.
(10/16/00 - Placed on Pending) (10/8/01 - To have P. H. & action
10/15/01) (10/15/01 - Delayed 2 weeks to 10/29/01) (10/29/01 -
Placed on pending indefinitely) Fact Sheet (16K)
28) 01-150 Creating paving District 2623 in N.W. 27th Street from approxi-
mately West O Street north to the Interstate bridge and assessing
the cost thereof against the benefitted property. (11/19/01 -
Reconsidered & placed on pending) Fact Sheet (26K), Attachment (93K)
29) 01-151 Creating Water District 1183 in N.W. 27th Street from
approximately West O Street north to the Interstate bridge and
assessing a portion of the cost thereof against the benefitted
property. (11/19/01 - Reconsidered and placed on pending)
Fact Sheet (27K), Attachment (74K)
30) 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 - Remain on Pending)
Fact Sheet (4K)
31) 02-22 Amending Chapter 2.65 of the Lincoln Municipal Code relating to
the Police and Fire Pension Plan - Plan "B" to provide for a
one-time increase to Police and Fire Pension Retirees and
Deferred Annuitant Retirees scheduled to receive a monthly
pension payment. (2/25/02 - Placed on Pending)
32) 02-23 Amending Chapter 2.66 of the Lincoln Municipal Code relating
to the Police and Fire Pension Plan - Plan "C" to provide for a
one-time increase to Police and Fire Pension Retirees and
Deferred Annuitant Retirees scheduled to receive a future monthly
pension payment. (2/25/02 - Placed on Pending)
36) 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 councl
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)
37) 02-33 Amending Section 10.48.110 of the Lincoln Municipal Code relating
to bicycles to require lights on the front and rear of bicycles
operated on the streets of Lincoln between one-half hour after
sunset and one-half hour before sunrise. (3/25/02 -
Pending) Motion to Amendment
35) 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-Pending until policy
recommendation from Urban Development) Fact Sheet (699K)
36) 02R-69 Waiving design standards for street paving, sidewalks, storm
sewer and street trees on S. Coddington Ave. south of West M
Street. (4/8/02 - Delayed 2 weeks to 4/22/02) Fact Sheet (704K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON APRIL 22, 2002: (APPROVED, 7-0)
37) 02R-75 Approving the annual plan pursuant to the
Interlocal Agreement between the City and
Lancaster County to provide for weed control and
weed abatement within the City.
38) 02R-76 Approving an Agreement between the City and the
Nebraska Department of Roads for the Design,
Operation, and Maintenance of the South Lincoln
Beltway. Fact Sheet (26K), Agreement (216K)
39) 02R-77 Approving a waiver of the Design Standards to
waive the dedicated pedestrian way easement on
Lots 8 and 9, Block 2, Vintage Heights 7th
Addition and on Lots 9 and 10, Block 2, Vintage
Heights 6th Addition, on property generally
located south of Benziger Drive and Blackstone
Road. Fact Sheet (770K)
40) 02R-78 Special Permit 1962 - Application of MMG
Properties to permit the sale of alcoholic
beverages for consumption off the premises, on
property generally located northeast of the
intersection of S. Coddington Ave. and Capitol
Parkway West. Fact Sheet (723K)
41) 02R-79 Special Permit 1963 - Application of Salem Oil
Company to permit the sale of alcoholic beverages
for consumption off the premises, on property
generally located northeast of the intersection of
N.W. 12th Street and W. Adams Street. Fact Sheet (738K)
42) 02R-80 Approving a three-year advertising contract
between the City and D & D Distributor for
advertising rights on the electronic message
systems at Pershing Auditorium at 15th and N
Streets.
43) 02R-81 Approving a three-year advertising contract
between the City and Alltel Communications, Inc.
for advertising rights on the electronic message
systems at Pershing Auditorium at 15th and N
Streets.
44) 02R-83 Special Permit 1774A - Amending the Wilderness
Estates 3rd Addition Community Unit Plan to reduce
the rear yard setback on one lot, on property
generally located at South 7th Street and
Glenridge Road. Fact Sheet (855K)
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 (4/17/02) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/22/02).
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 2:25 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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