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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 17, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT COOK & WERNER
NOTE: THE JUNE 24, 2002 MEETING WILL BE AT 5:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of B. Christensen Enterprises L.L.C.
525K dba "BC's" for a Class "C" liquor license at 1200
O Street. (ADOPTED FOR APPROVAL, 5-0; A-81543)
2) Manager application of Mary F. Rauner for B.
Christensen Enterprises, L.L.C. dba "BC's" at 1200
O Street. (ADOPTED FOR APPROVAL, 5-0; A-81544)
3) Exhibit Application of Lincoln P Street Catering Co. dba
118K "Embassy Suites" for the addition of an outdoor
area measuring approximately 90 feet by 105 feet
to the northwest of their licensed premises
located at 1040 P Street. (ADOPTED FOR APPROVAL, 5-0; A-81545)
4) Exhibit Application of Lincoln Wings L.L.C. dba "Hooters"
133K for a special designated license to cover an area
measuring approximately 96 feet by 47 feet to the
north at 6811 O Street on June 29, 2002 from 8:00
p.m. to 12:00 a.m. (ADOPTED FOR APPROVAL, 4-1, MCROY DISSENTING; A-81546)
5) Exhibit Application of Denis M. Vontz dba "Pioneers Golf
636M Course" for a special designated liquor license
for the entire golf course including driving range
and both parking lots at 3403 W. Van Dorn Street
on June 29, 2002, from 7:00 a.m. to 8:00 p.m. MOTION FOR DENIAL,
3-2; MCROY & SENG DISSENTING; DUE TO LACK OF MAJORITY VOTE,
CARRIED OVER ONE WEEK TO 6/24/02)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 6 THROUGH 8 HAD PUBLIC HEARING)
6) 02-78 Change of Zone 3365 - Application of
Whitehead Oil Company for a change of zone
from H-1 Interstate Commercial District to H-
3 Highway Commercial District on property
generally located at the southeast corner of
N. 27th Street and Whitehead Drive. Fact Sheet (269K)
7) 02-79 Amending the Corporate limits of the City by
annexing approximately 18.18 acres of
property generally located south of West
Adams Street and east of N.W. 48th
Street. (In connection w/02-80, 02R-129)
Fact Sheet (403K)
8) 02-80 Change of Zone 3353 - Application of M & S
Construction for a change of zone from AG
Agricultural District to R-3 Residential
District on property generally located south
of West Adams Street and east of N.W. 48th
Street.(In connection w/02-79, 02R-129)
Fact Sheet (384K)
PUBLIC HEARING - RESOLUTIONS
9) Application of St. Thomas Aquinas Church/Newman
Center for one raffle and five lottery permits for
the following times: June 1, 2002 to August 31,
2002 (raffle); October 1, 2002 to October 31,
2002; November 1, 2002 to November 30, 2002,
December 1, 2002 to December 31, 2002; January 1,
2003 to January 30, 2003; February 1, 2003 to
February 28, 2003 (lotteries). (ADOPTED, 5-0; A-81547)
10) 02R-127 Special Permit No. 1952 - Application of Robert
Beck, Kit Dimon, Diane Oldfather, Zane and Ethel
Fairchild, Alan and Jacqueline Embury, Vincent and
Janice Goracke, and Herbert and Barbara Griess to
develop Hawkswood Estates 1st Addition Community
Unit Plan consisting of 28 dwelling units and a
church on property generally located at S. 70th
Street and Old Cheney Road. (In connection
w/02R-128) Fact Sheet (409K)
(PUBLIC HEARING & ACTION DELAYED FOR TWO WEEKS TO 7/1/02, 5-0)
11) 02R-128 Accepting and approving the preliminary plat of
Hawkswood Estates 1st Addition, including waivers
of the required sidewalks on one side of the
streets, pedestrian way easements on blocks longer
than 1,000 feet, maximum block length, and the 3
to 1 depth to width ratio, on property generally
located at S. 70th Street and Old Cheney
Road. (In connection w/02R-127) Fact Sheet (369K)
(PUBLIC HEARING & ACTION DELAYED FOR TWO WEEKS TO 7/1/02, 5-0)
12) 02R-129 Accepting and approving the preliminary plat of
Ashley Heights 1st Addition, including exceptions
to the design standards to permit a 19.5' man-hole
depth, off-site storm water detention, and N.W.
48th Street to be built without curb and gutter,
on property generally located south of West Adams
Street and east of N.W. 48th Street. (In
connection w/02-79, 02-80) Fact Sheet (414K)
(ACTION DELAYED FOR ONE WEEK TO 6/24/02, 5-0)
13) 02R-130 Approving the Fiscal Year 2002 Action Plan: One
Year Use of Funds for Consolidated Plan for HUD
Entitlement Programs. Fact Sheet (1M)
(ADOPTED, 5-0; A-81548)
14) 02R-131 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of May 16
- 31, 2002. Fact Sheet (5K), Exhibit A (33K)
(BURKLUND CLAIM DELAYED ONE WEEK FOR ACTION ONLY, 5-0;
ADOPTED AS AMENDED, 5-0; A-81549)
15) 02R-132 Approving an Interlocal Agreement between the City
and Lincoln Public Schools to provide police
officers as School Resource Officers for a three
year term. Fact Sheet (64K)
(ADOPTED, 5-0; A-81550)
16) 02R-133 Approving a three-year contract between Houck
Motor Coach Advertising, Inc. and the City of
Lincoln d/b/a StarTran for providing transit
advertising services. Fact Sheet (31K)
(ADOPTED, 5-0; A-81551)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
17) Setting the hearing date of Monday, July 1, 2002
at 1:30 p.m. for the app. of Mission 3, LLC dba U-
STOP for a Class D liquor license, located at 110
West "O" Street. (ADOPTED, 5-0; A-81552)
18) Setting the hearing date of Monday, July 1, 2002
at 1:30 p.m. for the Mgr. App. of Marjorie I.
Tyler for West "O" PNP Inc dba Petro Sport located
at 2000 West "O" Street. (ADOPTED, 5-0; A-81553)
19) Informal Petition for Ornamental Lighting from
20th to 27th Streets, Van Dorn to High Streets,
requested by Robert & Virginia E. Knoll.
(REFERRED TO PUBLIC WORKS DEPT.)
20) MISCELLANEOUS REFERRALS NONE
REPORTS OF CITY OFFICERS
21) Investments of Funds for June 3, through June 7, 2002.
(ADOPTED, 5-0; A-81554)
22) Mayor Don Wesely's Veto Message of Resolution No.
A-81520, Special Permit No. 1970 (Application of
Chuck Salem, to permit the sale of alcoholic
beverages for consumption off the premises at 4801
Randolph Street) which Council adopted June 3,
2002. (PLACED ON FILE)(MOTION TO OVERRIDE THE MAYOR'S
VETO, LOST DUE TO LACK OF MAJORITY VOTE, 4-1, SENG
DISSENTING)
23) Clerk's Letter & Mayor's Approval of Ordinances
and Resolutions passed at the Council Meeting of
June 3, 2002. Resolution Number A-81520 has been
vetoed. (PLACED ON FILE)
24) Clerk's Letter & Mayor's Approval of Ordinances
and Resolutions passed at the Council Meeting of
June 10, 2002. (PLACED ON FILE)
25) Report of UNL Microbiologists for testing water
for the month of May, 2002. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 26THROUGH 34 HAD 1ST READING)
26) 02-74 Creating Water District No. 1188 for a 6" water
main in Mockingbird Lane, 14th Street west
approximately 2,300 feet, and north approximately
590 feet in Colonel Densmore Park, and approving
assessment of the cost thereof to the benefitted
properties. Fact Sheet (6K)
27) 02-75 Creating Alley Paving District No. 362 in
the north/south alley from 54th Street to
56th Street, Cleveland to Adams Streets, and
approving assessment of the cost thereof to
the benefitted properties. Fact Sheet (6K)
28) 02-77 Creating Ornamental Lighting District No. 286
in the Lincoln Country Club area from approximately
S. 27th Street on the east to S. 20th Street on the west,
Van Dorn on the north to High Street on the south, and
approving assessment of the cost thereof to
the benefitted properties. Fact Sheet (6K)
29) 02-83 Vacating a portion of North 67th Street
between the north line of Seward Avenue and a
point located 150.0 feet north thereof.
Fact Sheet (1M)
30) 02-84 Approving a Sublease Agreement between the
City of Lincoln and DAS/State Building
Division on behalf of Nebraska Workforce
Development, Department of Labor, for
providing job training and employment
services under the Workforce Investment Act.
31) 02-85 Approving a Sublease Agreement between the
City of Lincoln and Dynamic Education
Systems, Inc. for providing job training and
employment services under the Workforce
Investment Act.
32) 02-87 Approving a Sublease Agreement between the
City of Lincoln and Indian Center, Inc. for
providing job training and employment
services under the Workforce Investment Act.
Fact Sheet (205K)
33) 02-86 Approving a Lease Agreement between the City,
the County, and the Public Building
Commission for parking facilities and
approving the issuance of Bonds by the
Commission in an amount not to exceed
$11,000,000 for the purpose of refunding
certain outstanding Bonds of the Commission
and paying the costs of such parking
facilities.
34) 02-90 Approving a transfer of appropriations within
the Capital Improvement Program for various
Parks & Recreations Dept. projects.
Fact Sheet (80K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
35) 02-69 Vacating a portion of Hawthorne Addition on
property generally located at S.W. 27th
Street and South Street. (In connection
w/02-70, 02R-120, 02R-121) Fact Sheet (751K)
(PASSED, 5-0; #18010)
36) 02-70 Change of Zone 3361 - Application of Hartland
Homes, Inc. for a change of zone from AG
Agricultural to R-3 Residential on property
generally located at S.W. 27th Street and
South Street. (In connection w/02-69, 02R-120,
02R-121) Fact Sheet (758K)
(PASSED, 5-0; #18011)
37) 02R-120 Special Permit 1951 - Application of Hartland
Homes Inc. to develop Hartland Homes Southwest
Community Unit Plan for 120 multiple family units,
186 single family units and 59 unassigned units,
on property generally located at S.W. 27th Street
and South Street. (In connection w/02-69, 02-70,
02R-121)(6/10/02 - Delayed 1 week to 6/17/02)
Fact Sheet (438K)
(ADOPTED, 5-0; A-81555)
38) 02R-121 Accepting and approving the preliminary plat of
Hartland Homes Southwest for 187 lots and four
outlots, with waivers to the required block length
and street trees, on property generally located at
S.W. 27th Street and South Street. (In
connection w/02-69, 02-70, 02R-121)(6/10/02 -
Delayed 1 week to 6/17/02) Fact Sheet (446K)
(ADOPTED, 5-0; A-81556)
39) 02-76 Amending Chapter 23.10 of the Lincoln
Municipal Code to adopt the 2002 edition of
the National Electrical Code. (PASSED, 5-0; #18012)
PENDING LIST (EXTENDED ONE WEEK)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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
51) 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)
52) 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)
53) 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)
54) 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)
(PLACED ON PENDING, 6-0)
55) 02-72 Amending Chapter 5.04 of the Lincoln Municipal Code relating to
Alcoholic Liquor by amending Section 5.04.062 to provide that
misrepresentations and/or omissions on applications for special
designated licenses shall constitute grounds for denial or
cancellation of such license; amending Section 5.04.064 to provide
additional requirements and limitations for special designated
licenses requesting hours of operation for one or more licenses any
time between 12:01 a.m. the day of any University of Nebraska home
football game through 6:30 a.m. the following day and to provide an
exception to the requirements for state government application and
providing an effective date of 6/1/03. (PLACED ON PENDING
INDEFINITELY, 7-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON JUNE 24, 5:30 P.M.: (APPROVED, 5-0)
56) 02R-135 Appointing A. Kevin Horne to the Air Pollution
Control Advisory Board to fill an unexpired term
expiring September 1, 2003.
57) 02R-136 Approving a Water Testing Agreement between the
City of Lincoln and the University of Nebraska-
Lincoln for water and wastewater testing.
Fact Sheet (123K)
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 (6/19/02) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (6/24/02).
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 - 3:35 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