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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 10, 2002, AT 1:30 P.M.
NOTE: THE JUNE 24, 2002 MEETING WILL BE AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT FRIENDT
MAYOR'S AWARD OF EXCELLENCE - BRIAN JACKSON & SCOTT ALEXANDER OF THE LINCOLN POLICE
DEPT. FOR THE CATEGORY OF LOSS PREVENTION.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) not Application of Nhung Tuyet Huynh dba "NHA Trang Restaurant" for a
available Class "I" liquor license at 1309 L Street -
on-line ADOPTED FOR APPROVAL, 6,0; A-81533)
2) not Application of Morales, Inc. dba "La Mexicana Market" for an
available addition of an area measuring approximately 25' by 28' to the
on-line north of the presently licensed premises at 1637 P Street.
(ADOPTED FOR APPROVAL, 6-0; A-81534)
3) not Application of Whitehead Oil Co. dba "U-Stop Convenience Shop"
available for a Class B and K liquor license at 7100 Pioneers Blvd.
on-line (ADOPTED FOR APPROVAL, 6-0; A-81535)
4) not Manager application of Brian J. Makovicka for Whitehead Oil Co.
available dba "U-Stop Convenience Shop" at 7100 Pioneers Blvd.
on-line (ADOPTED FOR APPROVAL, 6-0; A-81536)
5) Exhibit 1 Application of Dan Williams dba "Highlands Golf Course" for a
Exhibit 2 special designated license to cover the entire golf course and
parking lot at 5501 N.W. 12th Street on June 15, 2002 from 8:00 a.m.
to 6:00 p.m. and on June 22, 2002 from 7:30 a.m. to 5:00 p.m.
(ADOPTED FOR APPROVAL, 5-1; SVOBODA DISSENTING; A-81537)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 6 THRU 8 HAD 2ND READING)
6) 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)
7) 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, 01R-121) Fact Sheet (758K)
8) 02-76 Amending Chapter 23.10 of the Lincoln Municipal Code to adopt the
2002 edition of the National Electrical Code.
PUBLIC HEARING - RESOLUTIONS
9) 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,
generally located at S.W. 27th Street on property and South
Street. (In connection w/02-69, 02-70, 02R-121)
Fact Sheet (438K)(ACTION DELAYED ONE WEEK TO 6/17/02, 6-0)
10) 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) Fact Sheet (446K)
(ACTION DELAYED ONE WEEK TO 6/17/02, 6-0)
11) 02R-124 Reappointing Debra Schorr to the Parks and Recreation Advisory
Board for a three-year term expiring April 27, 2005.(ADOPTED, 6-0;
A-81538)
12) 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) (ADOPTED, 5-1; MCROY
DISSENTING; A-81539)
13) 02R-126 Approving the issuance of Bonds by the Lincoln Lancaster County
not Building Commission in an amount not to exceed $11,000,000 for
available the purpose of refunding certain outstanding Bonds of the
on-line Commission and paying the costs of additional facilities for the
Commission. (Request to Withdraw) (WITHDRAWN, 6-0; #38-4403)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
14) App. of St. Thomas Aquinas Church/Newman Center, 320 N. 16th
Street, to conduct a lottery within the City of Lincoln.
(Need motion to set hearing date of Mon., June 17, 2002.)
(APPROVED, 6-0)
15) Setting the Hearing Date of Mon., June 24, 2002 at 5:30 p.m. for
Man. App. of Linda L. Hubka for Whitehead Oil Company dba
U-Stop Convenience Shop located at 2925 NW 12th Street.
(ADOPTED, 6-0; A-81540)
16) Petition to Vacate Public Way a rectangular parcel of land approx.
18' wide (north-south line) & 124.2' long (east-west) adjacent
to & between the south property line of Lot 8 & the north curb of
Glade Street or as much thereof as is available to be vacated
signed by Benjamin V. & Stacy A. Hollingworth.(REFER TO LAW DEPT.)
17) THE FOLLOWING WERE REFERRED TO PLANNING DEPT.:
Use Permit No. 143 - App. of Thistle Glenn
Investments, LLC to develop a retail/office center
w/Veterinary Clinic w/associated parking & meeting all
setbacks at 7401 Pioneers Blvd.
Change of Zone No. 3367 - App. of Richard W. Berger to change
from Ag to AGR on property at S.W. 70th & W. Van Dorn St.
18) MISCELLANEOUS REFERRALS
Investment for funds for May 28 through May 31, 2002.
(ADOPTED, 6-0; A-81541)
Setting Hearing date of June 24, 2002 at 5:30 p.m. for
Man. App. of Dana E. Lippold for Corporate Golf Marketing Inc.
dba Bunker's Sports Bar & Grill located at 8901 Augusta Dr.
(ADOPTED, 6-0; A-81542)
REPORTS OF CITY OFFICERS
19) Report from City Treasurer of Telecommunications
Tax collected for the month January - March, 2002: PNG
Telecomm.; April, 2002: Coast Int'l., Nebraska Technology
& Telecomm., Bell Atlantic Comm., Intellicall Operator
Services, Shaffer Comm., MCI WorldCom., IBM Global.
(PLACED ON FILE)
20) Lincoln Water & WasteWater System Recapitulation of Daily
Cash Receipts for May 2002. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 21 THRU 23 HAD 1ST READING)
21) 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)
22) 02-79 Amending the Corporate limits of
the City by annexing approximately 18.18 acres of property
generally located south of West Adams St. and east of N.W.
48th Street. (In connection w/02-80, 02R-129)
Fact Sheet (403K)
23) 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 St. and east of N.W. 48th Street.
(In connection w/02-79, 02R-129) Fact Sheet (384K)
ORDINANCES - 3RD READING
24) 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.
(PASSED, 6-0; #18008)
25) 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. (PASSED, 6-0; #18009)
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) 01-182 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)
33) 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)
34) 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)
35) 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)
36) 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
37) 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)
38) 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)
39) 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)
40) 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)
41 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 17, 1:30 P.M.: (APPROVED, 6-0)
42) 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/R-128) Fact Sheet (409K)
43) 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)
44 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 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)
45) 02R-130 Approving the Fiscal Year 2002 Action Plan: One Year Use of Funds
for Consolidated Plan for HUD Entitlement Programs. Fact Sheet (1M)
46) 02R-131 Accepting the report of new and pending claims against the City
City and approving disposition of claims set forth therein for
the period of May 16-31, 2002. Fact Sheet (5K), Exhibit A (33K)
47) 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)
48) 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)
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 (6/12/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(6/17/02).
ADJOURNMENT 2:48 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