ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 23, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT
1) Exhibit Application of Robert and Susan Ihrig dba "Bob's Gridiron Grille
2.5M & Pigskin Pub" for a Class "I" liquor license at 4200 S. 27th
Street. (ADOPTED FOR APPROVAL, 7-0; A-81710)
2) Exhibit Application of Chace Enterprises Inc. dba "Silver Spoke Saloon"
1.8M for a Class D1 liquor license at 1400 Saltillo Road.
(ADOPTED FOR APPROVAL, 7-0; A-81711)
3) Manager application of Teri L. Ernisse for Chace Enterprises Inc.
dba "Silver Spoke Saloon" at 1400 Saltillo Road.
(ADOPTED FOR APPROVAL, 7-0; A-81712)
4) Exhibit Application of Levy Premium Foodservice Ltd. dba "Levy Restaurants
682K at Haymarket Park" to delete approximately 50' by 200' in the
south parking lot from the presently licensed premises at 403
Line Drive Circle. (ADOPTED FOR APPROVAL, 7-0; A-81713)
RDINANCES - 2nd READING (ITEMS 5 & 6 HAD 2ND READING, SEE ITEM 6)
5) 02-136 Approving a Sublease Agreement between the City and Lincoln Action
Program for a sublease of space at the One Stop Center, 1010 N
St., to provide job training and employment services under the
Workforce Investment Act. Fact Sheet (53K), Attachment A (144K)
6) 02-137 Authorizing and providing for the issuance of not to exceed
not $180,000,000 aggregate principal amount of Lincoln Electric
available System Revenue and Refunding Bonds, amending certain provisions
on-line of the Note Ordinance, and related matters. (Request 2nd & 3rd
reading on 9/23/02). (RULES SUSPENDED TO HAVE 2nd & 3rd READING ON
THIS DATE, 7-0; PASSED, 7-0; #18067)
PUBLIC HEARING - RESOLUTIONS
7) 02R-201 Reappointing Jon Carlson, Carl Tesch, and Francene Blythe to the
Community Development Task Force for three-year terms expiring
August 31, 2005. (Substitute) (ADOPTED, 7-0; A-81714)
8) 02R-202 Reappointing Phyllis Bovee and Barb McCabe to the Lincoln Area
Agency on Aging Advisory Council for three-year terms expiring
July 1, 2005. (ADOPTED, 7-0; A-81715)
9) 02R-203 Reappointing Richard Noel to the Electrical Advisory Appeals and
Examining Board for a three-year term expiring August 15, 2005.
(ADOPTED, 7-0; A-81716)
10) 02R-204 Waiving the subdivision requirement for the installation of
street trees and sidewalk on S. 58th St. within Cherrywood Estates
1st Add. Admin. Final Plat generally located at S. 58th St. and
Pioneers Blvd. (Substitute) Fact Sheet (219K) (ADOPTED, 5-2,
COOK & WERNER DISSENTING; A-81717)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
11) Re-setting the hearing date of Monday, October 7, 2002 at 1:30 p.m.
for application of Janeane M. & Robert F. Glenn dba Park Terrace
Banquet Hall for a Class I liquor license, located at 1501 Center
Park Rd., #200. (ADOPTED, 7-0; A-81718)
12) The following were referred to the Planning Dept.
Change of Zone 71HP - Application of Historic Preservation
Commission for Bryan/LGH Medical Center to change the zoning
district map from R-4 to R-4 with landmark designation on
property generally located at 1650 Lake Street.
Change of Zone 76 - Application of Sigma Phi Epsilon Foundation
of Nebraska to change the zoning district map from R-7 & P to
P & R-7 with landmark designation on property generally located
at 601 N. 16th St.
Change of Zone 3376 - Application of Ron McMahan to change a zone
from R-2 to H-3 to build a 30' x 60' shop for furniture restoration
on property generally located at NW 14th St. and West "O" St.
Change of Zone 3378 - Application of Near South Neighborhood
Association to change a zone from R-6 & R-5 to R-2 on property
generally bounded by "A" St. to "E" St. and 18th St. to 22nd
St. (Mount Emerald Addition District)
Special Permit 1982 - Application of Brian D. Carstens on behalf
of Carol A. Anderson to develop AG/C.U.P. for a 4 single family
dwellings on 3 acre lots and 3 outlots on property generally
located at North 40th St. and Bluff Rd.
Special Permit 1987 - Application of Capitol Sign Co. to place a
sign exceeding the maximum height limit on property generally
located at 1st & "O" St.
13) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances & Resolutions
passed by Council on September 16, 2002. (PLACED ON FILE)
Setting the hearing date of Monday, October 7, 2002 at 1:30 p.m. for
the application of Speakeasy, Inc. dba J.R.'s Down Under for a Class
C liquor license, located at 3233 ½ S. 13th St. (ADOPTED, 7-0;
REPORTS OF CITY OFFICERS
14) Investment of Funds for Sept. 9 through Sept. 13, 2002.
(ADOPTED, 7-0; A-81720)
ORDINANCES - 1ST READING (ITEM 15 HAD 1ST READING)
15) 02-138 Renaming the stub street running east from Tallgrass Parkway from
"Nighthawk Road" to "Blue Sage Boulevard", generally located at
Highway 34 and Fallbrook Boulevard. Fact Sheet (650K)
ORDINANCES - 3RD READING
16) 02-132 Vacating the north-south alley from the south line of M St. to the
north line of the east-west alley in block 83, Original Plat of
Lincoln, generally located west of S. 7th St. between L and M Sts.
Fact Sheet (303K) (PASSED, 7-0; #18068)
PENDING LIST (EXTENDED 1 WEEK)
17) 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)
18) 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)
19) 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. (4/2/01 -
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)
20) 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; Pub.
Hearing Cont'd.) Fact Sheet (997K), Photo's (618K), Photo's (664K),
Drawings (2.2M), Photo's (1.4M)
21) 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 Pub. Hearing &
Action on 10/15/01) (10/15/01 - Pub. Hearing & Action Delayed 2
weeks to 10/29/01) (10/29/01 - Placed on pending indefinitely)
Fact Sheet (16K)
22) 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)
23) 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 - To remain on Pending)
Fact Sheet (4K)
24) 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)
25) 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)
26) 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)
27) 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 - Placed on Pending until policy recommendation
from Urban Development)
28) 02-39 Establishing a retirement incentive program for City employees who
meet certain age & service criteria. (In connection w/02R-63)
(3/25/02 - Pub. Hearing delayed to 4/15/02) (Request 2nd & 3rd
Reading w/Emergency Clause)(4/15/02-Pending Indefinitely, w/P.H.
& 2nd Reading when Bill is brought forward)
29) 02R-63 Approving a transfer of appropriations from existing re-appropri-
ations 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 - Pub. Hearing delayed to
4/15/02) (4/15/02 - Placed on Pending Indefinitely w/Pub. Hearing
when Bill brought forward)
30) 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. (5/20/02 - Placed on Pending)
32) 02-114 Amending Chapter 2.54 of the Lincoln Municipal Code by adding a new
section entitled "Standards of Ethical Conduct for Employees and
Elected Officials" to supplement the existing conflicts of interest
regulations. (7/29/02 - Placed on pending until a committee is
formed) Fact Sheet (4K)
33) 02-126 Approving a multi-year lease between the City of Lincoln Parks and
Recreation Department and Nebraska Wesleyan University for th
improvement of and use of the baseball field located in Woods Park.
(9/9/02 - To have 2nd Reading on 9/30/02) Lease (188K)
Letter of Understanding (298K), Exhibit A (4K), Exhibit B (465K),
Exhibit C (40K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON SEPTEMBER 30, 2002, 5:30 P.M.: (APPROVED, 7-0)
33) 02R-198 Creating Paving Unit No. _____ in Saunders Ave., 12th Street to
14th Street. Fact Sheet (6K)
34) 02R-205 Authorizing the use of the public right-of-way across P Street
and east along the north side of P Street to 16th Street for
installation of private chilled water lines for the Nebraska State
Historical Museum located at Centennial Mall and P
Street. Fact Sheet (6K)
35) 02R-206 Approving the 2002-03 Work Plan for the Stormwater Interlocal
Agreement between the city and the Lower Platte South NRD for
addressing stormwater quality and quantity issues in the City.
Fact Sheet (7K), Attachment A (107K)
36) 02R-207 Approving a schedule for water use charges to increase revenues
for the Lincoln Water System. Fact Sheet (6K)
37) 02R-208 Assessing premise clearance costs associated with the clearing of
public nuisances to the following benefitted properties: 621 N.
70th, 2442 Vine St., 417 S. 56th St., 621 N. 70th St., 1616 N. 24th
St., 1340 Plum St., 1529 S. 24th St., 2032 U St., 1340 Plum St.,
1032 Lake St., 1315 S. 8th St.
38) 02R-209 Special Permit 1985 - Application of Alonzo and Marijane Athey to
allow the reconstruction and expansion of a non-conforming use,
on property generally located at 9400 Yankee Hill Road.
Fact Sheet (1M)
39) 02R-210 Approving the application of the Parks and Recreation Department
for a grant application to the Nebraska Game and Parks Commission
for the completion of trails and related bridges in the Holmes
Lake Park improvement project.
40) 02R-211 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth therein for the
period of September 1 - 15, 2002. Fact Sheet (5K)
41) 02R-212 Reappointing Jeffrey Schwebke, Lois Haupt, Don Post, and
Cook Glenn Friendt to the Community Development Task Force
for three-year terms expiring August 31, 2005.
42) 02R-213 Appointing Dr. D'Andra Orey to the Charter Revision Commission for
a four-year term expiring July 15, 2006. Fact Sheet (28K)
43) 02R-214 Approving an Agreement between the City and the Nebraska Department
of Roads for Project No. F-77-2(1021) US Highway 77 - Capitol
Parkway West Interchange. Fact Sheet (4K), Fact Sheet (213K)
Please note: During the open microphone & registered section of the agenda,
individuals are allowed a total of 5 minutes to speak whether registered or not
regardless of number of topics.
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 (9/25/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
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 3:00 P.M.
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