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ACTION FROM REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 20, 2002, AT 5:30 P.M.
THERE WILL BE NO COUNCIL MEETING THE WEEK OF 5/27/02
DUE TO MEMORIAL DAY HOLIDAY.
ALL MEMBERS PRESENT EXCEPT FRIENDT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of BDF, L.L.C. dba "Libations" and "The Grand Room"
590K for a Class "C" and Catering liquor license at 317 S. 11th Street.
(ADOPTED FOR APPROVAL, 6-0; A-81498)
2) same as Manager application of Barry D. Franzen for BDF, L.L.C. dba
item #1 "Libations" and "The Grand Room" at 317 S. 11th Street.
(ADOPTED FOR APPROVAL, 6-0; A-81499)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 3 THRU 9 HAD 2ND READING; SEE ITEM # 5)
3) 02-52 Establishing a voluntary billing donation program through
Lincoln Electric System.
4) 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)
5) 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)
6) 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.
7) 02-66 Approving a Sublease Agreement between the City of Lincoln and
Goodwill Industries at the One Stop Center for providing job
training and employment services under the Workforce
Investment Act.
8) 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.
9) 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)
PUBLIC HEARING - RESOLUTIONS
10) Application of Alzheimer's Association Lincoln/Greater Nebraska
Chapter, 5601 South 27th Street, Suite 201 to conduct a raffle
within the City of Lincoln from May 15 to July 22, 2002.
(ADOPTED, 6-0; A-81500)
11) 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. (Delayed one week at applicant's
request) Fact Sheet (1.8M), Attachments (1.5M)
Attachments (424K) (ACTION DELAYED ONE WEEK TO
5/20/02, 6-0) (AMENDED, 6-0; ADOPTED, 6-0; A-81501)
12) 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. (ADOPTED, 6-0; A-81502)
13) 02R-110 Appointing Dennis Scheer to the Parks and Recreation Advisory
Board for a three-year term expiring April 27, 2005.
(ADOPTED, 6-0; A-81503)
14) 02R-111 Appointing Sue Quambusch to the Parks and Recreation Advisory
Board for a three-year term expiring April 27, 2005.
Fact Sheet (38K)(ADOPTED, 6-0; A-81504)
15) 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) (DELAYED ACTION FOR TWO WEEKS TO 6/3/02, 6-0)
16) 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)(DELAYED ACTION FOR TWO WEEKS
TO 6/3/02, 6-0)
17) 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)
(ADOPTED, 6-0; A-81505)
18) 02R-116 Ordering Ornamental Lighting District No. 285 constructed in
Lakeside Drive from Surfside Drive to West S Street.
Fact Sheet (24K) (ADOPTED, 6-0; A-81506)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
19) Setting Hearing Date of June 10, 2002 at 1:30 p.m. for the App.
of Morales Inc. dba "La Mexicana Market" for an addition to
licensed premises consisting of an area 25' x 28' to the north at
1637 "P" St. (ADOPTED, 6-0; A-81507)
20) Setting Hearing Date of June 10, 2002 at 1:30 p.m. for the App.
of Whitehead Oil Co. dba "U-Stop Convenience" for a "Class "B"
Liquor License" and a Class "K" Liquor License at 7100 Pioneers.
(ADOPTED, 6-0; A-81508)
21) Setting Hearing Date of June 10, 2002 at 1:30 p.m. for the App
of Huynh, Nhung Tuyet dba "NHA Trang Restaurant" for a Class
"I" Liquor License at 1309 L Street. (ADOPTED, 6-0; A-81509)
22) THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Change of Zone No. 3365 - App. of Whitehead Oil Company from H-1
to H-3.
Special Permit No. 1972 - App. of John & Pam Rallis & Debra Placek
to develop 4 single family one acre lots and one five acre
church lot at S. 112th Street & Old Cheney Road.
Special Permit No. 1975 - App. of Juliana Buller, Jimmy Ace's
Platinum Grille, for consumption of alcoholic beverages
on premises at 923 South Street.
Special Permit No. 1977 - App. of Susan L. Thelen to open an early
childhood care facility for 15 or fewer children at 452
South 25th St.
23) MISCELLANEOUS REFERRALS
Investment of funds for May 6 through May 10, 2002.
(ADOPTED, 6-0; A-81510)
Report of City Treasurer of Cash on Hand at the close of business
April 30, 2002. (PLACED ON FILE)
Clerk's Letter & Mayor's approval of Ordinances and Resolutions
passed at the Council meeting of May 13, 2002. (PLACED OF FILE)
REPORTS OF CITY OFFICERS
24) Report of UNL Microbiologist for water testing for the month of
April, 1998. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 25 THRU 27 HAD 1ST READING)
25) 02-71 Amending Chapter 5.08 of the Lincoln Municipal Code relating to
auctions and auctioneers by adding a new section 5.08.025
to provide that annual permits granted under Chapter 5.08
shall expire on May 31st following their date of issuance.
26) 02-72 Amending Chapter 5.04 of the Lincoln Municipal Code relating
to Alcoholic Liquorby 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 timebetween 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 anexception to the requirements for state
government application and providing an effective date of 6/1/03.
27) 02-73 Change of Zone 3298 - Amending Section 5 of Ordinance No. 17981,
passed April 1, 2002, to correct the legal description for a
change of zone from R-3 Residential to B-2 Planned Neighborhood
Business District on propertygenerally located between S. 27th
Street and S. 40th Street, north of Yankee Hill Road.
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
28) 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 to receive proper training before
being issued a permit; and prohibiting all body art, except
body piercing, on minors under the age of 18.(5/13/02 -
Tie vote, automatically carried over one week)
Motion to Amend 1 (3K), Motion to Amend 2 (3K)
(AMENDMENT #2, PASSED, 4-2; CAMP, SENG DISSENTING;
AMENDMENT #4, LOST, 1-5; CAMP ASSENTING; AMENDMENT #5,
PASSED, 4-2; CAMP, SENG DISSENTING; ORDINANCE PASSED 6-0;
#17999)
29) 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)
(PASSED, 6-0; #18000)
30) 02R-103 Combined Use Permit/Special Permit 19 - Application of Pinnacle
Bank and 70th Street Properties, Inc. to develop a 20-bed health
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)
(5/13/02 - Delayed one week) Fact Sheet (1.2M)
ADOPTED, 6-0; A-81511)
31) 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.
(PASSED, 6-0; #18001)
PENDING LIST (EXTENDED 1 WEEK)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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
43) 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)
44) 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)
45) 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)
46) 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 JUNE 3 2002, 1:30 P.M.: (APPROVED, 6-0)
47) 02R-114 Special Permit 1970 - Application of Chuck Salem dba "Fast Break,
Inc." for authority to sell alcoholic beverages for consumption
off the premises on property generally located at 4801
Randolph Street. Fact Sheet (1.0M)
48) 02R-117 Assessing property owners for the cost of snow removal by the City
from sidewalks adjacent to their property during the winter of
2001-2002. Fact Sheet (24K)
49) 02R-118 Authorizing the acquisition of the right-of-way for the paving in
South 14th Street and Yankee Hill Road pursuant to Executive
Order No. 62602. Fact Sheet (26K), Attachment (222K)
50) 02R-119 Accepting the report of new and pending claims against the City and
approving disposition of claims set forth therein for the period
of May 1 - 15, 2002. Fact Sheet (3K), Exhibit A (28K)
51) 02R-122 Approving the Intent to Create a Business Improvement District
in the North 27th Street Redevelopment Project Area, generally
located at N. 26th Street on the west to 28th Street on the east
and from O Street on the south to Fair Street on the north and
primarily including those properties abutting 27th Street.
52) 02R-123 Authorizing approval of an agreement for the redevelopment of
the Old Federal Building at 129 N. 10th Street between the City
of Lincoln and NuStyle Development Corporation under the Nebraska
Community Development Law. Fact Sheet (7K)
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
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 (5/29/02) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (6/3/02).
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 7:35 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