ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, APRIL 22, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Manager application of Roland L. Meirose for Sam's
188K West, Inc. dba "Sam's Club #6413" at 4900 N. 27th
Street. (ADOPTED FOR APPROVAL, 7-0; A-81450)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 2 & 3 HAD 3RD READING)
2) 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)
3) 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)
PUBLIC HEARING
ORDINANCE 3RD READING
4) 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) (4/15/02 - P.H. con't. to
4/22/02) Fact Sheet (25K)
(ACTION DELAYED W/PUBLIC HEARING FOR TWO WEEKS TO 6/3/02, 7-0)
PUBLIC HEARING - RESOLUTIONS
5) 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)
(AMENDED, 6-1; CAMP DISSENTING; LOST 3-4; COOK, SENG, WERNER
ASSENTING; #38-4400)
6) 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. (ADOPTED, 7-0; A-81451)
7) 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)
(ADOPTED, 6-1; WERNER DISSENTING; A-81452)
8) 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)
(ADOPTED, 7-0; A-81453)
9) 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)
(ADOPTED, 7-0; A-81454)
10) 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)
(ADOPTED, 7-0; A-81455)
11) 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.
(ADOPTED, 7-0; A-81456)
12) 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. (ADOPTED, 7-0; A-81457)
13) 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)
(ADOPTED, 7-0; A-81458)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
14) The following are to be referred to the Planning Dept.
Change of Zone No. 3353 - App. of Stephen Clymer for M & S
Construction from AG to R-3 at N.W. 48th & W. Thatcher.
Change of Zone No. 3355 - App. of Prairie Homes Builders Inc.,
Faith Evangelical Lutheran Church, & Jonathan M. Welles
from AG to R-3 at N. 84th & Adams Streets.
Change of Zone No. 3363 - App. of Monte L. & Lisa A. Froehlich
from R-3 to R-4 at N. 3rd & Fairfield Streets.
Special Permit No. 194 - App. of Brian D. Carstens to develop 4
single family acreage lots at North 190th & Havelock Avenue.
Special Permit No. 893B - App. of Monte L. & Lisa R. Froehlich
to develop 32 new multi-family units and relocate 6
existing attached dwelling units for a total of 82 dwelling
units at N. 3rd & Fairfield Streets.
Special Permit No. 1959 - App. of Prairie Home Builders Inc.,
Faith Evangelical Lutheran Church, Jonathan M. Welles for
C.U.P. under R-3 with 474 units at N. 84th & Adams.
Special Permit No. 1971 - App. of Valcom Wireless Construction
Inc. to construct communications site for multicarrier
corporations at 5401 Cornhusker Highway.
15) Four Petitions to Vacate Public Way the north-south alley
between S. 38th Street and Woodbine Avenue north of Calvert
Street submitted by Dennis R. Keefe & Patricia J. Warner,
Chris R & Annette T. Gahan, Ross D. & Carol A. Erie, and
Mark A. & Kendell M. Tonjes. (REFERRED TO LAW DEPT.)
16) Formal Petition for Ornamental Lighting on Lakeside Dr., Surfside
Dr. to West S Street submitted by Craig G. Bauer, Partner
Lakeside Partners, LLC. (REFERRED TO LAW DEPT.)
17) MISCELLANEOUS REFERRALS
Report from City Treasurer of City Cash on hand at the close
of business March 29, 2002. (PLACED ON FILE)
Report from City Treasurer of Surcharge of $278,334.83 from
Aliant has been collected. (PLACED ON FILE)
Lease agreement renewal of Lincoln Telephone and Telegraph Company
dba Alltel for an additional five years at the Antelope Park site
from July 1, 2002 to June 30, 2007. (PLACED ON FILE)
Report from City Treasurer of Telecomm. Occ. Tax for the month of
Aug., 2001: Merchant Wired; Oct. - Dec., 2001: AmeriVision Comm.;
Jan. - Feb., 2002: Opex, OneStar Long Distance, ACN, Atlas Comm.;
March, 2002: Opex, OneStar Long Distance, ACN, Business Telecom.,
D & D, Operator Comm., AT&T, Working Assets Funding Service, Quest,
IDT Corp., Touch America, Broadwing, Global Crossing, Primus,
POS, Inc. Nexifice Comm., Teligent Services, Atlas Comm.,
WWC License LLC, RSI, COM, USA, Inc.,Glyphics, XO Long Distance,
COMDATA, Globalcom, Tri-M, Lightyear, NOSVA, Trans National,
ATT Wireless, Long Distance of Michigan, Zone Telecom.,
Association Administrators, Big Planet, I-Link, WorldXchange,
GTC Telecom., Singk Billing Service, Affinity Network, NOS Comm.,
VarTec, Winstar, Touch 1, USA Paging, Nextel, Western Union Comm.
(PLACED ON FILE)
Clerk's Letter & Mayor's Approval of Resolutions & Ordinances
passed on April 15, 2002. ( PLACED ON FILE)
Report from City Treasurer of Franchise tax for the month of
March, 2002 from Utilicorp. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
18) Investment of funds for April 8 through April 12, 2002.
(ADOPTED, 7-0; A-81459)
ORDINANCES - 1ST READING (ITEMS 19 THRU 22 HAD 1ST READING)
19) 02-40 Creating a Re-paving District in Saunders Avenue from 12th Street
to 14th Street, for the widening of the street to 33' in width.
Fact Sheet (26k)
20) 02-54 Amending Section 24.52.010 of the Lincoln Municipal Code relating
to sewer connection fees to provide for a connection fee
reimbursement to anyone who constructs a City sewer pursuant to
the executive order process.
21) 02-55 Amending Title 8, Health & Sanitation, of the Lincoln Municipal
Code by creating Chapter 8.08 to regulate body art establishments
and practitioners by requiring establishments to meet and maintain
certain requirements in order to obtain and maintain a permit from
the Lincoln-Lancaster County Health Department; requiring
practitioners toreceive proper training before being issued a
permit; and prohibiting all body art, except body piercing, on
minors under the age of 18.
22) 02-56 Amending Chapter 6.04 of the Lincoln Municipal Code by adding a new
section numbered 6.04.435 to make it unlawful for any person to
own, keep, or harbor any bird or animal which by loud, continued,
or frequent noise shall disturb the peace and quiet of any person
or neighborhood, to provide exceptions, and to provide defined
fines for first, second, and third offenses.(Request
Emergency Clause)
ORDINANCES - 3RD READING
23) 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)
(PASSED, 7-0; #17989)
24) 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. (PASSED, 7-0; #17990)
25) 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)
(AMENDED TO HAVE EMERGENCY CLAUSE, 7-0; PASSED, 7-0; #17991)
PENDING LIST (EXTENDED 1 WEEK)
26) 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)
27) 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)
28) 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)
29) 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. Cont'd.) Fact Sheet (997K), Photo's (618K),
Photo's (664K), Drawings (2.2M), Photo's (1.4M)
30) 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)
31) 01-150 Creating paving District 2623 in N.W. 27th Street from approximately
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)
32) 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)
33) 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)
34) 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)
35) 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 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
38) 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 recommen-
dation from Urban Development) Fact Sheet (699K)
39) 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) (4/15/02-Pending Indefinitely, w/P.H. & 2nd
Reading when Bill brought forward)
40) 02R-63 Approving a transfer of appropriations from existing re-appro-
priations 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)
(4/15/02 - Pending Indefinitely w/P.H. when Bill brought forward)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON APRIL 29, 2002: (APPROVED, 7-0)
41) 02R-66 Approving the widening of Saunders Avenue to 33' in width from
Springfield Drive to 12th Street and assessing the
benefitted properties. Fact Sheet (25k)
42) 02R-84 Approving Jack's Bar & Grill at 100 N. 8th Street as a Keno
satellite site.
43) 02R-85 Approving the application of The Mill for the use of public
right-of-way for the installation of an accessible ramp at
4736 Prescott Avenue. Fact Sheet (24k)
44) 02R-86 Reappointing Robert Ripley and Bruce Helwig to the Historic
Preservation Commission for three-year term expiring April 15,
2005.
45) 02R-87 Special Permit 622E - Application of Lakeside Partners, L.L.C. to
amend the Lakeside Village Community Unit Plan to increase the
maximum allowable height from 35 feet to 36.5 feet to allow 9-foot
ceilings on the third floor of the apartment buildings, on
property generally located at West S Street and Lakeside Drive.
Fact Sheet (817k)
46) 02R-88 Special Permit 1913 - Application of Heritage Lakes, L.L.C. to
develop Heritage Lakes Community Unit Plan consisting of 134
dwelling units, with a modification of the yards to allow
structures to be built to the lot lines for single family
dwellings and a waiver of the required lot area, on property
generally located at South 98th Street and Pine Lake Road.
(In connection w/02R-89) Fact Sheet (659K)
47) 02R-89 Accepting and approving the preliminary plat of Heritage Lakes
for 124 lots, with waivers to the required lot depth and side-
walks on one side of the private roadway, on property generally
located at South 98th Street and Pine Lake Road.(In connection
w/02R-88) Fact Sheet (699K)
48) 02R-90 Special Permit 1956 - Application of Winona Ketelhut, Patricia
Slaughter, and Connie Heier, to develop Pheasant Pointe Community
Unit Plan for 9 single-family acreage dwelling units on property
generally located at South 148th Street and Yankee Hill Road.
(In connection w/02R-91) Fact Sheet (543K)
49) 02R-91 Accepting and approving the preliminary plat of Pheasant Pointe
for 9 lots and 4 outlots, with waivers to the required street
trees, street lighting, landscape screens, stormwater detention,
sidewalks, cul-de-sac length, and block length, on property
generally located at South 148th Street and Yankee Hill Road.
(In connection w/02R-90) Fact Sheet (534K)
50) 02R-92 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth therein for the
period of April 1 - 15, 2002. Fact Sheet (5K), Exhibit A (30K)
51) 02R-93 Reappointing Ken Svoboda to the Lincoln-Lancaster County Board
of Health for a three-year term expiring April 15, 2005.
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 (4/24/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (4/29/02).
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 3:10 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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