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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 6, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT, EXCEPT FRIENDT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF 5/27/02
MONDAY, MAY 20, 2002 MEETING WILL BE HELD AT 5:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Salem Oil Company dba "Airport Amoco" for a Class
453K "B" liquor license at 3100 N.W. 12th Street.
(ADOPTED FOR APPROVAL, 6-0; A-81475)
2) see item Manager application of Jeffrey J. Scott for Salem Oil Company
#1 dba "Airport Amoco" at 3100 N.W. 12th Street. (ADOPTED FOR
APPROVAL, 6-0; A-81476)
3) Exhibit Application of MMG Properties, L.L.C. dba "The C Station" for
615K a Class "D" liquor license at 1120 S. Coddington Ave.
(ADOPTED FOR APPROVAL, 6-0; A-81477)
4) see item Manager application of Donn R. Mann for MMG Properties, L.L.C.
#3 dba "The C Station" at 1120 S. Coddington Ave. (ADOPTED FOR APPROVAL,
6-0; A-81478)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 5-8 HAD PUBLIC HEARING)
5) 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. (4/29/02 - P.H. & 2nd Reading con't.
to 5/6/02) Motion to Amend 1 (3K), Motion to Amend 2 (3K)
6) 02-59 Amending Title 20 of the Lincoln Municipal Code by adding a
new Chapter 20.10 to adopt the 2000 edition of the International
Residential Code regulating and controlling the design,
construction, quality of materials, erection, installation,
alteration, repair, location, relocation, replacement,
addition to, use or maintenance of one- and two-family
dwellings and townhouses in the City of Lincoln.
7) 02-60 Amending Title 20 of the Lincoln Municipal Code by creating
a new Chapter 20.08 to adopt the 2000 edition of the Inter-
national Building Code, with amendments, additions and
deletions thereto, to establish the minimum regulations
governing the conditions and maintenance of all property,
buildings and structures; to provide the standards for
supplied utilities and facilities and other physical things
and conditions essential to ensure that structures are safe,
sanitary and fit for occupation and use; and to provide
for the condemnation of buildings and structures unfit for
human occupancy and use and the demolition of such structures,
within the City of Lincoln.
8) 02-61 Amending Title 19 of the Lincoln Municipal Code to adopt
the International Fire Code 2000 edition with amendments.
Fact Sheet
PUBLIC HEARING - RESOLUTIONS
9) 02R-94 Approving the Proposal for BMP and Dry Weather Storm Drainage
Assessment by the UNL Civil Engineering Department for monitoring
dry weather flows, the Work Plan, and the Implementation Plan.
(ADOPTED, 6-0; A-81479) Fact Sheet, Attachment
10) 02R-95 Appeal of Craig Groat from the Planning Commission conditional
approval of Special Permit 23E for authority to construct student
housing for 352 students, a student campus center and library
complex, and the relocation of the existing physical plant, on
property generally located between N. 50th and 56th Streets,
and Huntington and Madison Avenues. (ADOPTED, 6-0; A-81480)
Fact Sheet
11) 02R-97 Appointing Dr. Hena Roy to the Lincoln-Lancaster County Board of
Health to fill an unexpired term expiring April 15, 2003.
(ADOPTED, 6-0; A-81481)
12) 02R-98 Appointing Tony Messineo to the Lincoln-Lancaster County Board
of Health to fill an unexpired term expiring April 15, 2003.
(ADOPTED, 6-0; A-81482)
13) 02R-99 Reappointing Rodrigo Cantarero to the Lincoln-Lancaster County
Board of Health for a three-year term expiring April 15, 2005.
(ADOPTED, 6-0; A-81483)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
14) Setting the hearing date of Monday, May 20, 2002 at 5:30 p.m.
for App. of BDF, LLC dba Libations and The Grand Room for a
Class C Liquor License, located at 317 So. 11th Street.
(ADOPTED, 6-0; A-81484)
15) The following are referred to the Planning Dept.:
Special Permit 1973 - App. of Donald Bowman for Three Eagles
Communications to erect 100' tower to support communications
antenna or operation of radio station located at 3800 Cornhusker.
Special Permit 1974 - App. of Michael Mandl for Mission 3, LLC to
sell liquor at a convenience store located at 110 West "O" Street.
Combined Use Permit/Special Permit 20 - App. of Danay Kalkowski
for Security Federal Savings and CPW Partnership to allow 1,800
square feet of medical testing laboratories located at
70th & Teton Streets.
16) MISCELLANEOUS REFERRALS
Investment of funds for April 22 through April 26, 2002. (ADOPTED,
6-0; A-81485)
Petition to Vacate the Public Way - a portion of O'Hanlon Drive,
submitted by Ridge Development Company. (REFERRED TO LAW DEPT.)
Clerk's Letter & Mayor's Approval of Ordinances and Resolutions
passed at the Council meeting of April 29, 2002. (PLACED ON FILE)
Report of Lincoln Water & WasteWater System of Recapitulation of
Daily Cash Receipts for April, 2002. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
17) Clerk's Letter & Mayor's approval of Ordinances
and Resolutions passed on April 22, 2002. (PLACED ON FILE)
18) Report from City Treasurer of Telecomm, Occ. Tax for the month
of September, 2001: Merchant Wired; January February, 2002:
Norstan Network Services, Inc.; March, 2002: Trac Fone Wireless,
Inc., Telco Development Group De Inc., Excel Telecommunications,
Inc., ATS Mobile Telephone Co., Inc., AmeriVision Communications,
Inc., Nextel West Corp., McLeod USA Telecommunications Services,
Inc., Sprint Communication Company Limited Partnership,Sprint
Spectrum, L.P., Guaranteed Phone Service, and Norstan Network
Services, Inc. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 19-21 HAD 1ST READING)
19) 02-62 Change of Zone 3359 - Application of Pinnacle Bank and 70th Street
Properties, Inc. for a change of zone from O-2 Suburban Office to
O-3 Office Park on property generally located at South 70th
Street and Lincolnshire Road. (In connection w/02R-103)
Fact Sheet (1.1M)
20) 02-63 Approving a contract between the City and the Downtown Lincoln
Association to operate and regulate a Tuesday Open-Air Market in
the area of 12th Street from Q to R Streets and R Street from
12th to 13th Streets from June 4, 2002, through June 25, 2002.
21) 02-64 Amending Section 6.04.155 of the Lincoln Municipal Code relating
to animal hybrids to postpone the effective date of the ban on
animal hybrids to October 1, 2002. Fact Sheet (4K)
ORDINANCES - 3RD READING & RESOLUTION ACTION ONLY
22) 02R-66 Approving the widening of Saunders Avenue to 33' in width from
Springfield Drive to 12th Street and assessing the
benefitted properties. (In connection w/02-40) (4/29/02 - Action
delayed to 5/6/02) (ADOPTED, 6-0; A-81486) Fact Sheet (25k)
23) 02-40 Creating a Re-paving District 154 in Saunders Avenue from 12th
Street to 14th Street, for the widening of the street to 33' in
width. (In connection w/02R-66) (MOTION TO AMEND, 6-0; PASSED AS
AMENDED, 4-2, CAMP & WERNER DISSENTING; #17993) Fact Sheet (26k)
24) 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. (PASSED, 6-0; #17994)
25) 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. (PASSED, 6-0; #17995)
PENDING LIST (EXTENDED ONE 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)
41) 02-30 Creating Sewer District No. 1177 in Old Cheney Road from approxi-
mately 62nd Street east to approximately Pheasant Run Lane.
(3/25/02 - P.H. cont. w/action 4/8/020) 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)
(4/22/02 - Delay to 6/3/02 w/con't. P.H.)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MAY 13, 2002: (APPROVED, 6-0)
42) 02R-100 Approving an Interlocal Agreement between the City and SID No. 2
(Pine Lake) to provide immediate water service to Pine Lake
Addition to avoid economic waste since annexation is occurring.
43) 02R-101 Appointing Jerry Shoecraft to the Lincoln Electric System
Administrative Board to fill an unexpired term expiring
December 31, 2003.
44) 02R-102 Special Permit 1219K - Application of BryanLGH Medical Center to
expand the School of Nursing to accommodate an enrollment of
250 students, with a waiver of the required maximum building
coverage from 38.2% to 42%, on property generally located
at South 48th Street and Sumner Street. Fact Sheet (1.1M)
45) 02R-103 Combined Use Permit/Special Permit 19 - Application of Pinnacle
Bank and 70th Street Properties, Inc. to develop a 20-bed health
care facility, 5,100 sq. ft. of bank/financial space, and 24,000
sq. ft. of medical office uses, with a waiver of the required side
yard setback, on property generally located at S. 70th Street and
Lincolnshire Road.(In connection w/02-62) Fact Sheet (1.2M)
46) 02R-104 Appeal of Sutherland Park Partners, L.L.C. from the Planning
Commission denial of Special Permit 1964 for authority to
construct a private school for tumbling, dance, cheerleading,
and gymnastics, on property generally located at S. 8th Street
and Pioneers Blvd. Fact Sheet (1.8M), Attachments (1.5M)
Attachments (424K)
47) 02R-105 Accepting and approving the preliminary plat of Edenton North 6th
Addition for 184 single- and two-family lots, with waivers to
permit lots which do not intersect the street at 90 degree angles,
block length along Antelope Creek, and to allow the location of
the pedestrian right-of-way easement to be determined at the time
of final plats, on property generally located at S. 75th
Street and Glynoaks Drive. Fact Sheet (972K), Motion to Amend (3K)
48) 02R-106 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth therein for the
period of April 16 - 30, 2002. Fact Sheet (5K), Exhibit A (29K)
49) 02R-107 Authorizing the expenditure of funds from the Community Development
Block Grant program for the purchase of property generally known
as 2240 Q Street for revitalization in the Antelope Valley
project area. Fact Sheet (52K)
50) 02R-108 Declaring the official intent of the City to reimburse the cost
not of water system improvements from the proceeds of Water Revenue
available Bonds of the City.
THE FOLLOWING ITEM WILL HAVE PUBLIC HEARING BEFORE THE JOINT LINCOLN CITY
COUNCIL AND LANCASTER COUNTY BOARD OF COMMISSIONERS ON MAY 8, 2002, AT 1:30 P.M.
AND MAY 22, 2002, AT 4:00 P.M. WITH SEPARATE ACTION BY EACH BODY TENTATIVELY
SCHEDULED FOR MAY 28, 2002.
02R-96 Approving the 2025 Lincoln City-Lancaster County Comprehensive Plan.
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 (5/08/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(5/13/02).
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.
POLICY MOTION
Councilman Werner made a motion that if signatures representing
greater than 50% of total front footage are not received within
one year from creation of a district requiring such signatures
(Ornamental Lighting and Paving), Public Works shall bring the
created district back to the City Council for repeal. Seconded
by Seng. (ADOPTED, 6-0)
ADJOURNMENT
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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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History