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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 13, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT MCROY
MAYOR'S AWARD OF EXCELLENCE FOR APRIL - FIREFIGHTER JESSE TYLER
IN THE CATEGORY OF CUSTOMER RELATIONS.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Cheerleaders Bar for a special designated liquor
229K license in the parking lot area to the south at 5560 S. 48th
Street on May 19, 2002 from noon to 9:00 p.m. (ADOPTED FOR
APPROVAL, 6-0; A-81487)
2) Exhibit Application of Denis M. Vontz dba "Pioneers Golf Course" for a
166K special designated liquor license for the entire golf course
including driving range and both parking lots at 3403 W. Van
Dorn Street on May 25 and 26, 2002, from 7:00 a.m. to 4:30 p.m.
(ADOPTED FOR APPROVAL, 4-2;FRIENDT, SVOBODA DISSENTING; A-81488)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 3 THRU 5 HAD 2ND READING; SEE ITEM 5)
3) 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)
4) 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.
5) 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)
(MOTION TO WAIVE THE RULES TO HAVE 2ND & 3RD READINGS THIS
DATE, PASSED, 6-0; ORD. LOST, 1-5; COOK ASSENTING; #38-4402)
PUBLIC HEARING - RESOLUTIONS
6) 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.
(ADOPTED, 6-0; A-81489)
7) 02R-101 Appointing Jerry Shoecraft to the Lincoln Electric System
Administrative Board to fill an unexpired term expiring
December 31, 2003. (ADOPTED, 6-0; A-81490)
8) 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)
(ADOPTED, 6-0; A-81491)
9) 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)
(ACTION DELAYED ONE WEEK TO 5/20/02, 6-0)
10) 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) (ACTION DELAYED ONE WEEK TO
5/20/02, 6-0)
11) 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)
(MOTION TO AMEND LOST, 0-6; ADOPTED, 6-0; A-81492)
12) 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)
(ADOPTED 6-0; A-81493)
13) 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)
(ADOPTED, 4-2; CAMP, SVOBODA DISSENTING; A-81494)
14) 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.
(ADOPTED, 6-0; A-81495)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
15) Setting the Hearing Date of June 3, 2002 at 1:30 p.m. for the
App. of Bugeater Investments, Inc. dba "Cliff's Lounge" for a
Class "C" Liquor License at 140 N. 12th Street.
(ADOPTED, 6-0; A-81496)
16) MISCELLANEOUS REFERRALS
Investment of funds for April 29 through May 3, 2002.
(ADOPTED, 6-0; A-81497)
Clerk's Letter & Mayor's Approval of Ordinances and Resolutions
passed at the Council meeting of May 6, 2002. (PLACED ON FILE)
App. of Alzheimer's Assoc. Lincoln/Greater Nebraska Chapter to
conduct a raffle within the City of Lincoln. (Need motion to set
hearing date for May 20, 2002 at 5:30 p.m.) (APPROVED, 6-0)
REPORTS OF CITY OFFICERS
17) Setting the hearing date of Monday, June 3, 2002 1:30 p.m. to
assess the cost incurred by the City for snow removal for the
2001-2002 winter season against the benefitted properties.
(APPROVED, 6-0)
18) Report from City Treasurer of Telecomm. Occ. Tax for the month
of March, 2002: Alltel #150, Alltel #365, Alltel #522, Nebraska
Technology &Telecomm., American Farm Bureau, IBM Global,
Shaffer Comm., Coast Int'l., Cricket Comm., MCI WorldCom.,
Network Billing, Bell Atlantic, Intellical Operator Services,
Accessline Comm. Corp. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 19 THRU 25 HAD 1ST READING)
19) 02-52 Establishing a voluntary billing donation program through
Lincoln Electric System.
20) 02-57 Creating Re-paving District No. 155 in West Charleston Street
from North 1st Street west to and including the proposed
cul-de-sac and assessing the cost thereof to the benefitted
properties. Fact Sheet (26K)
21) 02-58 Creating Improvement District No. 183 in S.W. 8th Street
from West C Street to Hanneman Drive and assessing the cost
thereof to the benefitted properties. Fact Sheet (25K)
22) 02-65 Approving a Sublease Agreement between the City of Lincoln
and Lincoln Action Program at the One Stop Center for
providing job training and employment services under the
Workforce Investment Act.
23) 02-66 Approving a Sublease Agreement between the City of Lincoln and
Goodwill Industries atthe One Stop Center for providing job
training and employment services under the Workforce Investment
Act.
24) 02-67 Approving a Sublease Agreement between the City of Lincoln and
NAF Multicultural Development Corporation for providing job
training and employment services under the Workforce Investment
Act.
25) 02-68 Approving the Northeast Community Recreational Sports Complex
Improvement, Lease, and Operating Agreement between Joint
Antelope Valley Authority, the board of Regents of the University
of Nebraska, and the City of Lincoln, Nebraska for the development
of the Northeast Community Recreational Sports Complex on
property generally located at 32nd Street and Leighton Avenue.
Lease & Operating Agreement (31K)
ORDINANCES - 3RD READING
26) 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. Motion to Amend 1 (3K),
Motion to Amend 2 (3K) (AMENDMENT #1, PASSED, 6-0; AMENDMENT #2,
LOST, 3-3; CAMP, FRIENDT, SENG DISSENTING; MOTION TO DELAY ONE WEEK
TO 5/20/02, LOST, 2-4; CAMP, FRIENDT, SENG, SVOBODA DISSENTING;
AMENDMENT #3, PASSED, 6-0; ORDINANCE TO BE CARRIED OVER TO 5/20/02
DUE TO A TIE VOTE, 3-3; COOK, SVOBODA, WERNER DISSENTING)
27) 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.
(PASSED, 6-0; #17996)
28) 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. (PASSED, 6-0;#17997)
29) 02-61 Amending Title 19 of the Lincoln Municipal Code to adopt
the International Fire Code 2000 edition with amendments.
Fact Sheet (PASSED, 6-0; #17998)
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM #36)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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) (WITHDRAWN, 6-0; #38-4384)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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
42) 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)
43) 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)
44) 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)
45) 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 20, 2002, 5:30 P.M.: (APPROVED, 6-0)
46) 02R-109 Reappointing Mary Arth, William Hastings and Sandra Washington
to the Parks and Recreation Advisory Board for three-year
terms expiring April 27, 2005.
47) 02R-110 Appointing Dennis Scheer to the Parks and Recreation Advisory
Board for a three-year term expiring April 27, 2005.
48) 02R-111 Appointing Sue Quambusch to the Parks and Recreation Advisory
Board for a three-year term expiring April 27, 2005.
Fact Sheet (38K)
49) 02R-112 Approving the Antelope Creek Operating Agreement between the City
of Lincoln and the Lower Platte South Natural Resources
District to coordinate the future operation, maintenance,
repair, and replacement of certain portions of the Antelope
Creek Waterway from J Street to the confluence of Salt Creek.
Fact Sheet (52K)
50) 02R-113 Approving the First Amendment to the Joint Antelope Valley
Authority Interlocal Agreement between the Joint Antelope Valley
Authority, the Board of Regents of the University of Nebraska,
the City of Lincoln, Nebraska, and the Lower Platte South
Natural Resources District for the design, construction,
operation, and implementation of the Phase One Priority Projects.
Fact Sheet (105K)
51) 02R-115 Waiving the subdivision requirements for sidewalks, street
paving, and street trees on W. Benton Street west of Morgan
Street in Dolezal 2nd Addition final plat. Fact Sheet (681K)
52) 02R-116 Ordering Ornamental Lighting District No. 285 constructed in
Lakeside Drive from Surfside Drive to West S Street.
Fact Sheet (24K)
THE FOLLOWING ITEM WILL HAVE PUBLIC HEARING BEFORE THE JOINT
LINCOLN CITY COUNCIL AND LANCASTER COUNTY BOARD OF COMMISSIONERS
ON 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 (5/15/02) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (5/20/02).
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 4:50 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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History