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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 3, 2002, AT 5:30 P.M.
ALL MEMBERS PRESENT
Resolution A-81512, the 2025 Comprehensive Plan was unanimously adopted
by the County Board of Commissioners and the City Council on May 28, 2002.
NOTE: THE JUNE 24, 2002 MEETING WILL BE AT 5:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Bugeater Investments, Inc. dba "Cliff's Lounge" for
411K a Class "C" liquor license at 140 N. 12th Street. (ADOPTED FOR
APPROVAL, 7-0; A-81513)
2) see Manager application of Evelyn M. McFarland for Bugeater Investments,
item 1 Inc. dba "Cliff's Lounge" at 140 N. 12th Street. (ADOPTED FOR
APPROVAL, 7-0; A-81514)
3) Exhibit Application of Lincoln Haymarket Development Corp. for a special
217K designated liquor license to cover the Depot South parking lot at
7th and P Streets on June 14 and 15, 2002 from 8:00 p.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-81515)
4) Exhibit Application of Lincoln Haymarket Development Corp. for a special
222K designated liquor license to cover an area in 8th Street between
P and Q Streets on June 14, 2002 from 5:00 p.m. to 1:00 a.m.,
and on June 15, 2001 from 11:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-81516)
5) Exhibit Application of Havelock Business Association for a special
271K designated liquor license covering an area located on Havelock Ave.
from approximately 10 feet west of 62nd Street to approximately 15
feet west of the intersection at 63rd Street and 1/2 block north
and south on 62nd Street on June 8, 2002 from 4:00 p.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-81517)
6) Exhibit Application of P.R. Ventures LLC for a special designated liquor
193K license covering an area measuring 80 feet by 120 feet in the
parking lot at 6235 Havelock Avenue on June 8, 2002 from 12:00 noon
to 1:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-81518)
7) Exhibit Application of Corey Fletcher dba "Mahoney Golf Course" for a
965K special designated liquor license covering the entire golf course
including driving range, parking lots, and all fenced-in areas at
Mahoney Golf Course at 7900 Adams Street on June 27, 2002 from
8:00 a.m. to 9:00 p.m., July 14, 2002 from 8:00 a.m. to 5:00 p.m.,
August 3, 2002 from 8:00 a.m. to 6:00 p.m., August 10, 2002 from
8:00 a.m. to 9:00 p.m. (with a rain date of August 11, 2002 from
12:00 noon to 9:00 p.m.), and September 29, 2002 from 8:00 a.m.
to 5:00 p.m. (ADOPTED FOR APPROVAL, 5-2, FRIENDT & SVOBODA
DISSENTING; A-81519)
PUBLIC HEARING
ORDINANCES - 2nd READING
(ITEMS 8 THROUGH 11 HAD PUBLIC HEARING - SEE ITEMS 8 & 10)
8) 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 4/8/02) (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.) (Request to withdraw by
applicant) Fact Sheet (25K) (WITHDRAWN, 7-0)
9) 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.
10) 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)
11) 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 property generally located between S. 27th Street and
S. 40th Street, north of Yankee Hill Road.
PUBLIC HEARING - RESOLUTIONS
12) 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) (ADOPTED, 4-3, COOK, SENG & WERNER
DISSENTING; A-81520)
13) 02R-117 Assessing property owners for the cost of snow removal by the
City from sidewalks adjacent totheir property during the winter
of 2001-2002. Fact Sheet (24K) (DELAY ONE WEEK, LOST, 3-4, CAMP,
COOK, & SENG ASSENTING; ADOPTED, 7-0; A-81521)
14) 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)
(ADOPTED, 7-0; A-81522)
15) 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)
(ADOPTED, 7-0; A-81523)
16) 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.
(MOTION TO AMEND, 7-0; ADOPTED, 7-0; A-81524)
17) 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)
(MOTION TO DELAY ONE WEEK, 3-4, CAMP, COOK, WERNER ASSENTING;
ADOPTED, 5-2; CAMP and COOK DISSENTING; A-81525)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
18) Setting the hearing date of Monday, June 17, 2002 at 1:30 p.m.
for B. Christensen Enterprises, L.L.C. dba BC's for a Class C
liquor license located at 1200 "O" Street. (ADOPTED, 7-0; A-81526)
19) Setting the hearing date of Monday, June 17, 2002 at 1:30 p.m. for
Lincoln P St Catering Co. dba Embassy Suites" for an addition
to licensed premises consisting of an enclosed back dock outdoor
area approx 90' x 105', located at 1040 P street. (ADOPTED,
7-0; A-81527)
20) Four Formal Paving Petitions for Re-Paving District No. 154 for
grading, paving, curbing, guttering, and sidewalk construction
on Saunders Ave., 12th Street to 14th Street, signed by Ed J.
Grubbs, Rose M. Grubbs Siemsen, Brian J. Burns and Ben C. & Amy C.
Herr. (Referred to Law Dept.)
21) Informal Petition for grading and graveling of the alley between
69th and 70th Streets and Y and X Streets, signed by Darrel
DeBrie. (Referred to Public Works)
22) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
23) Investment of funds for May 13 through May 17, 2002.
(ADOPTED, 7-0; A-81529)
24) Investment of funds for May 20 through May 24, 2002.
(ADOPTED, 7-0; A-81530)
25) Request of Public Works to set the Hearing Date of Monday,
June 24, 2002 at 5:30 p.m.: (APPROVED, 7-0)
02-74 Authority to construct a six inch water main in
Mockingbird Lane, 14th Street west approximately
2,300 linear feet and north approximately 590
linear feet in Colonel Densmore Park and assess
the cost thereof to the benefitted property.
02-75 Authority to pave the north/south alley, 54th to 56th
Streets, Cleveland to Adams and assess the cost
thereof against the benefitted property.
02-77 Authority to construct street lighting in the Lincoln
Country Club area from approximately South 27th
Street on the east to south 20th Street on the west,
Van Dorn on the north to High Street on the south
and assess the costs thereof against the benefitted
properties.
26) Annual Reports of Time Warner Cable for 1999 and 2001.
(Placed on file)
27) Report from City Treasurer of franchise fees collected from Aquila
Aquila in April, 2002. (Placed on file)
28) Report from City Treasurer of Telecommunications Tax collected for
the month of May, June, July, August, September, October, November
and December of 2001 from Norstan Network Services, Inc.; for the
months of January, February and March of 2002 from Matrix Telecom;
for the month of March 2002 from Verizon Select Services, Inc. and
GE Business Prod. Solutions; for the month of April, 2002 from: USA
Paging, Telco Development Group De Inc., Excel Telecommunications,
Inc., Lightyear Communications, Inc., Nextel West Corp., Guaranteed
Phone Service, Globalcom, Inc., TRI-M Communications, Glyphics
Communications, Inc., Nosva Limited Partnership, GTC Telecom, Inc.,
RSL Com USA, Inc., ATT Wireless PCS, LLC, XO Long Distance Services,
Inc., Teligent Services, Inc., WorldXchange Corp., Association
Administrators, Inc., Long Distance of Michigan, Inc., Zone Telecom,
Inc., Single Billing Service, Inc., NOS Communications, Inc.,
Affinity Network, Inc., NPCR, Inc., Broadwing Telecommunications,
Onstar Corporation, AHT Comm. of Midwest, Working Assets Funding
Service, Inc., TransNational Communications International, Inc.,
Primus Telecommunications,Inc., Qwest Communications, Corp., Global
Crossing Telecommunications, Inc., ATS Mobile Telephone Co., Inc.,
ACN Communications Services, Inc., VARTEC Telecom, Inc., Western
Union Communications, Inc., Tracfone Wireless, Inc., Atlas
Communications, Ltd., and Operator Communications, Inc.
(Placed on File)
ORDINANCES - 1ST READING (ITEMS 29-31 HAD 1ST READING)
29) 02-69 Vacating a portion of Hawthorne Addition on property generally
located at S.W. 27th Street and South Street. Fact Sheet (751K)
30) 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.
Fact Sheet (758K)
31) 02-76 Amending Chapter 23.10 of the Lincoln Municipal Code to adopt the
2002 edition of the National Electrical Code.
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
32) 02-52 Establishing a voluntary billing donation program through
Lincoln Electric System. (PASSED, 6-1, FRIENDT DISSENTING; #18002)
33) 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)(PASSED, 7-0; #18003)
34) 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. (PASSED, 7-0; #18004)
35) 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. (PASSED, 7-0; #18005)
36) 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. (PASSED, 7-0; #18006)
37) 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)
(MOTION TO AMEND, 7-0; PASSED AS AMENDED, 7-0; #18007)
38) 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)
ADOPTED, 7-0; A-81531)
39) 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) (ADOPTED, 7-0; A-81532)
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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON JUNE 10, 1:30 P.M.: (APPROVED)
55) 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. Fact Sheet (438K)
56) 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. Fact Sheet (446K)
57) 02R-124 Reappointing Debra Schorr to the Parks and Recreation Advisory
Board for a three-year term expiring April 27, 2005.
58) 02R-125 Special Permit 1974 - Application of Mission 3, L.L.C. for
authority to sell alcoholic beverages for consumption off the
premises at the convenience store/gas station generally located
at 110 West O Street. Fact Sheet (276K)
59) 02R-126 Approving the issuance of Bonds by the Lincoln Lancaster County
Building 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 additional facilities for
the Commission.
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 (6/5/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(6/10/2).
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 - 2:03 A.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