ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 29, 2002, AT 5:30 P.M.
ALL MEMBERS PRESENT
Jonathan Cook, Chair (4-3, CAMP, FRIENDT, SVOBODA DISSENTING)
Jon Camp, Vice-Chair (7-0)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Manager application of David L. West for Fontenelle Oil Co.
208K dba "Holiday Stationstore #117" at 2200 North 48th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81460)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 2 - 5 HAD PUBLIC HEARING)
2) 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) Fact Sheet (26k)
3) 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.
4) 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. (P.H. & 2ND READING CON'T. FOR ONE
WEEK TO 5/6/02, 7-0)
5) 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.
PUBLIC HEARING - RESOLUTIONS
6) 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) Fact Sheet (25k)
(DELAYED ONE WEEK TO 5/6/02, 7-0)
7) 02R-84 Approving Jack's Bar & Grill at 100 N. 8th Street as a Keno
satellite site. (ADOPTED, 6-0, CAMP CONFLICT OF INTEREST; A-81461)
8) 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) (ADOPTED, 7-0; A-81462)
9) 02R-86 Reappointing Robert Ripley and Bruce Helwig to the Historic
Preservation Commission for three-year term expiring April 15,
2005. (ADOPTED, 7-0; A-81463)
10) 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) (ADOPTED, 7-0; A-81464)
11) 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)
(ADOPTED, 7-0; A-81465)
12) 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) (ADOPTED, 7-0; A-81466)
13) 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)
(ADOPTED, 7-0; A-81467)
14) 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)
(ADOPTED, 7-0; A-81468)
15) 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)
(ADOPTED, 7-0; A-81469)
16) 02R-93 Reappointing Ken Svoboda to the Lincoln-Lancaster County Board
of Health for a three-year term expiring April 15, 2005.
(ADOPTED, 7-0; A-81470)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
17) Setting the hearing date of Monday, May 6, 2002 at 1:30 p.m.
for App. of Salem Oil Co. dba Airport Amoco for a Class B
Liquor License, located at 3100 NW 12th Street. (ADOPTED, 7-0;
A-81471)
18) Setting the hearing date of Monday, May 6, 2002 at 1:30 p.m.
for App. of MMG Properties LLC dba The C Station for a Class
D Liquor License, located at 1120 So. Coddington Street.
(ADOPTED, 7-0; A-81472)
19) MISCELLANEOUS REFERRALS
Investment of funds for April 15 through April 19, 2002. (ADOPTED,
7-0; A-81473)
Approving distribution of funds representing interest earnings
on short-term investments of Idle funds for the month ended
March 31, 2002. (ADOPTED, 7-0; A-81474)
REPORTS OF CITY OFFICERS
20) Request of Public Works to set the Hearing Date of Monday,
May 20, 2002, at 5:30 p.m. & place on the formal City Council
Agenda the following: (Need Motion) (APPROVED, 7-0)
02-57 Authority to create a Re-Paving District, West
Charleston Street, 1st Street, west for the
reconstruction of said paving and to assess the
costs thereof against the benefitted property.
02-58 Authority to create an Improvement District in SW
8th Street, West C Street north approximately 175
feet; and, authority to acquire right-of-way needed
to open SW 8th Street to Hanneman Drive as dedicated
with Muff's 5th Addition plat.
ORDINANCES - 1ST READING (ITEM 21 - 23 HAD 1st READING)
21) 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.
22) 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.
23) 02-61 Amending Title 19 of the Lincoln Municipal Code to adopt
the International Fire Code 2000 edition with amendments.
Fact Sheet
ORDINANCES - 3RD READING
24) 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) (PASSED, 7-0; #17992)
25) 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) (LOST, 2-5, CAMP & SVOBODA ASSENTING;
#38-4401)
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 6, 2002: (APPROVED, 5-0, SENG & COOK ABSENT)
42) 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.
Fact Sheet, Attachment
43) 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. Fact Sheet
44) 02R-97 Appointing Dr. Hena Roy to the Lincoln-Lancaster County Board of
Health to fill an unexpired term expiring April 15, 2003.
45) 02R-98 Appointing Tony Messineo to the Lincoln-Lancaster County Board
of Health to fill an unexpired term expiring April 15, 2003.
46) 02R-99 Reappointing Rodrigo Cantarero to the Lincoln-Lancaster County
Board of Health for a three-year term expiring April 15, 2005.
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. Fact Sheet
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 (5/01/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(5/06/02).
Craig Groat, 4935 Huntington, Lincoln, NE 68504
Topic: Old Federal Building
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 - 8:30 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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