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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 1, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Manager application of Marjorie I. Tyler for West "O" PNP Inc.
167K dba "Petro Sport" located at 2000 West "O" Street. (ADOPTED FOR
APPROVAL, 7-0; A-81568)
PUBLIC HEARING ORDINANCES - 2nd READING - (ITEMS 2-13 HAD PUBLIC HEARING)
2) 02-91 Repealing Ordinance 16807 which created Alley Paving District
#351 in the north/south alley, 28th to 29th St., N St. north
to the north property line of Lot 7 and Lot 10, Block 6,
East Lincoln, for lack of a majority petition.
Fact Sheet (40K); Map (43K)
3) 02-92 Repealing Ordinance 16808 which created Alley Paving District
#352 in the east/west alley between Havelock Ave. and Platte
Ave., 64th St. to 65th St., for lack of a majority petition.
Fact Sheet (43K); Map (45K)
4) 02-93 Repealing Ordinance 17060 which created Alley Paving District #353
in the east/west alley between Holdrege Street and Starr Street,
34th east approximately 250 feet, for lack of a majority
petition. Fact Sheet (43K); Map (45K)
5) 02-94 Repealing Ordinance 17183 which created Alley Paving District #354
in the east/west alley between Holdrege St. and Starr St., 32nd to
33rd Streets, for lack of a majority petition. Fact Sheet (43K);
Map (47K)
6) 02-95 Repealing Ordinance 17312 which created Paving District #2614
in W. S Street, N. Coddington to N.W. 20th St., which was
constructed under Executive Order 53178. Fact Sheet (43K);
Map (49K)
7) 02-96 Repealing Ordinance 17772 which created Paving District #2619
in Gladstone St., 35th to 36th Sts. and 36th St. from Gladstone
to Hartley Street, for lack of a majority petition. Fact Sheet (43K)
Map (28K)
8) 02-97 Repealing Ordinance 17133 which created Paving District #2607
in W. Chesapeake Cir.from N.W. 57th St., west approximately 162
feet, for lack of a majority petition. Fact Sheet (43K); Map (35K)
9) 02-98 Repealing Ordinance 17925 which created Repaving District #152
in Saunders Ave., Springfield Dr. to 12th St., for lack of a
majority petition. Fact Sheet (43K); Map (34K)
10) 02-99 Repealing Ordinance 16753 which created Ornamental Lighting
District #281 in Green Prairie Heights, Green Prairie 3rd
Addition, for lack of a majority petition. Fact Sheet (43K);
Map (35K)
11) 02-100 Amending the Corporate limits of the City by annexing approximately
78.153 acres of property generally located at S. 56th Street
and Union Hill Road. (In connection w/02-101, 02-102, 02R-140,
02R-141, 02R-142, 02R-143) Fact Sheet (282K)
12) 02-101 Change of Zone 3338 - Application of Thompson Creek L.L.C. for a
change of zone from AG Agricultural to R-3 Residential on property
generally located east of S. 56th Street and Union Hill Road.
(In connection w/02-100, 02-102, 02R-140, 02R-141, 02R-142,
02R-143) Fact Sheet (333K)
13) 02-102 Change of Zone 3339 - Application of Thompson Creek L.L.C. for a
change of zone from AG Agricultural to O-3 Office Park on
property generally located east of S. 56th Street and Union
Hill Road. (In connection w/02-100, 02-101, 02R-140,
02R-141, 02R-142) Fact Sheet (330K)
PUBLIC HEARING - RESOLUTIONS
14) Application of St. John's Catholic Church at 7601 Vine Street to
conduct a lottery within the City of Lincoln from July 3, 2002
through September 15, 2002. (ADOPTED, 7-0; A-81569)
15) 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/02R-128) (6/17/02 - Public hearing &
action delayed for two weeks to 7/1/02) Fact Sheet (409K)
(ADOPTED, 7-0; A-81570)
16) 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) (6/17/02
- Public hearing & action delayed for two weeks to 7/1/02)
Fact Sheet (369K)(ADOPTED, 7-0; A-81571)
17) 02R-138 Waiving the design standard conditions for the installation of
required improvements for Silver Springs 4th Addition final plat,
including grading of Liberty Court, rock, gravel, seeding, and one
street name sign, on property generally located at Dawn Drive
and Liberty Lane. Fact Sheet (316K) (ADOPTED, 7-0; A-81572)
18) 02R-139 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth therein for the
period of June 1 - 15, 2002. Fact Sheet (5K), Exhibit A (29K)
(PEEK CLAIM DELAYED FOR ONE WEEK TO 7-8-02, 7-0; ADOPTED
AS AMENDED, 7-0; A-81573)
19) 02R-140 Special Permit 1930 - Application of Thompson Creek L.L.C. to
develop Thompson Creek Community Unit Plan for 352 dwelling
units with waivers of the required lot area for single family
dwellings, lot width, allowing multiple family dwellings with
a height of 40', and waivers of front, side, and rear setbacks,
on property generally located east of S. 56th Street and Union
Hill Road. (In connection w/02-100, 02-101, 02-102, 02R-141,
02R-142, 02R-143) Fact Sheet (614K)(ACTION DELAYED FOR ONE WEEK
TO 7/8/02, 7-0)
20) 02R-141 Accepting and approving the preliminary plat of Thompson Creek
for 285 lots and 8 outlots with waivers of the required depth-
to-width ratios, intersection platforms, perpendicular side lot
lines, and sanitary sewer depth, on property generally located
east of S. 56th Street and Union Hill Road. (In connection
w/02-100, 02-101, 02-102, 02R-140, 02R-142, 02R-143)
Fact Sheet (616K) (ACTION DELAYED FOR ONE WEEK TO 7/8/02, 7-0)
21) 02R-142 Use Permit 141 - Application of Thompson Creek L.L.C. to develop
69,000 sq. ft. of office space and 21 dwelling units, with
waivers of setback requirements, reduction of parking requirement
for the live/work units, and to reduce the required open space
for dwellings, on property generally located east of S. 56th
Street and Union Hill Road. (In connection w/02-100, 02-101,
02-102, 02R-140, 02R-141, 02R-143) Fact Sheet (526K)
(ACTION DELAYED FOR ONE WEEK TO 7/8/02, 7-0)
22) 02R-143 Approving Thompson Creek Conditional Annexation and Zoning Agreement
between the City and Thompson Creek L.L.C. relating to the
annexation of approximately 78.153 acres of property generally
located at S. 56th Street and Union Hill Road. (In connection
w/02-100, 02-101, 02-102, 02R-140, 02R-141, 02R-142) (Request
of Law Dept. to con't. p.h. to 7/8/02)
Thompson Creek Conditional Annexation and Zoning Agreement
(CON'T. P.H. AND ACTION FOR ONE WEEK TO 7/8/02, 7-0)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
23) Setting the hearing date of Mon., July 15, 2002 at 1:30 p.m. for
the application of Bodega's Alley, Inc., dba Bodega's Alley to
add 4' addition to the west of the outdoor area, located at 1418
"O" Street. (ADOPTED, 7-0; A-81574)
24) Informal Petition for creation of a Paving District for a portion
of existing road between 6310 North 56th Street to 6520 North 56th
Street, submitted by Marvin Schmidt. (REFERRED TO PUBLIC WORKS
DEPT.)
25) MISCELLANEOUS REFERRALS
Investment of Funds for June 17 to June 21, 2002. (ADOPTED, 7-0;
A-81575)
Resetting the hearing date of Monday, July 8, 2002
at 1:30 p.m. on the application of Mission 3,
L.L.C. dba U-Stop for a Class D liquor license,
located at 110 West "O" Street. (ADOPTED, 7-0; A-81576)
Setting the hearing date of Monday, July 15, 2002
at 1:30 p.m. on the application of Pinelake II,
L.L.C. dba The C Station for a Class D liquor
license located at 1401 Pine Lake Road. (ADOPTED, 7-0; A-81577)
Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed at the Council Meeting of June
24, 2002. (PLACED ON FILE)
Quarterly Financial Report of LES for the
period of January 1 through March 31, 2002. (PLACED ON FILE)
2001 Annual Report of the Lincoln Police Dept. (PLACED ON FILE)
Four Formal Paving Petitions for Re-Paving
District No. 155 on West Charleston and 1st Street
West, signed by Lorrie Kennel, Monte Froehlich,
Tom Caltagirone, and Robert White. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
26) Approving distribution of funds representing interest earnings
on short-term investments of Idle Funds for the month ending
May 31, 2002. (ADOPTED, 7-0; A-81578)
27) Report from City Treasurer of Telecommunication Occ. tax for the
month of May, 2002: ATS Mobile Telephone Co., Inc., WorldXchange
Corp., Nextel West Corp., I-LINK Communications, Inc., Big
Planet, Inc., Zone Telecom, Inc., Long Distance of Michigan, Inc.,
Association Administrators, Inc., XO Long Distance Services, Inc.,
and Single Billing Service, Inc. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 28-29 HAD 1ST READING)
28) 02-103 Amending the pay schedules for certain employee groups by
creating the classification of Athletic Fields Technician in
Class Code 5523.
29) 02-104 Amending the pay schedules for certain employee groups by
creating the classification of Assistant City Engineer in Class
Code 2021; and by creating the classification of Assistant Fire
Chief in Class Code 3002.
ORDINANCES - 3RD READING
30) 02-74 Creating Water District No.1188 for a 6" water main in Mockingbird
Lane, 14th Street west approximately 2,300 feet, and north
approximately 590 feet in Colonel Densmore Park, and approving
assessment of the cost thereof to the benefitted properties.
Fact Sheet (6K) (LOST, 0-7, #38-4405)
31) 02-75 Creating Alley Paving District No. 362 in the north/south alley
from 54th Street to 56th Street, Cleveland to Adams Streets, and
approving assessment of the cost thereof to the benefitted
properties. Fact Sheet (6K) (PASSED, 7-0; #18016)
32) 02-77 Creating Ornamental Lighting District No. 286 in the Lincoln
Country Club area from approximately S. 27th Street on the east to
S. 20th Street on the west, Van Dorn on the north to High Street
on the south, and approving assessment of the cost thereof to
the benefitted properties. Fact Sheet (6K) (PASSED, 6-1,
MCROY DISSENTING; #18017)
33) 02-83 Vacating a portion of North 67th Street between the north line
of Seward Avenue and a point located 150.0 feet north thereof.
Fact Sheet (1M) (PASSED, 7-0; #18018)
34) 02-84 Approving a Sublease Agreement between the City of Lincoln and
DAS/State Building Division on behalf of Nebraska Workforce
Development, Department of Labor, for providing job training
and employment services under the Workforce Investment Act.
(PASSED, 7-0; #18019)
35) 02-85 Approving a Sublease Agreement between the City of Lincoln and
Dynamic Education Systems, Inc. for providing job training and
employment services under the Workforce Investment Act.
(PASSED, 7-0; #18020)
36) 02-87 Approving a Sublease Agreement between the City of Lincoln and
Indian Center, Inc. for providing job training and employment
services under the Workforce Investment Act. Fact Sheet (205K)
(PASSED, 7-0; #18021)
37) 02-90 Approving a transfer of appropriations within the Capital
Improvement Program for various Parks & Recreations Dept. projects.
Fact Sheet (80K)
(PASSED, 7-0; #18022)
PENDING LIST (EXTENDED ONE WEEK - SEE ITEM #53)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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
49) 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 recommendation
from Urban Development) Fact Sheet (699K)
50) 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)
51) 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 - P.H. delayed to 4/15/02)
(4/15/02 - Pending Indefinitely w/P.H. when Bill brought forward)
52) 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)
Fact Sheet (25K)
53) 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. (6/3/02 - Placed on Pending indefinitely) (REMOVE FROM
PENDING FOR P.H. ON 7/15/02, 6-0, WERNER ABSENT)
54) 02-86 Approving a Lease Agreement between the City,the County, and the
not Public Building Commission for parking facilities and approving
available the issuance of Bonds by the Commission in an amount not to exceed
online $11,000,000 for the purpose of refunding certain outstanding Bonds
of the Commission and paying the costs of such parking facilities.
(P.H. Con't. to 7/8/02 w/vote on 7/15/02)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON
JULY 8, 1:30 P.M.:
NONE
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 (7/3/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (7/8/02).
April Kringel, 5100 W. Craw Topic: Fence or guardrail over
culvert at 5108 W. Craw
(NEIL KRINGEL, HUSBAND OF APRIL KRINGEL, CAME FORWARD TO DISCUSS THIS TOPIC.
CITY ATTORNEY ADVISED HIM TO SPEAK TO THIS TOPIC IN GENERAL TERMS ONLY,
SINCE THERE IS A PENDING LAWSUIT.)
Aaron Peeks, 5025 Vine St., Apt. 714 Topic: Appeal of Ticket & Tow
(MR. PEEKS CAME FORWARD ON THIS ITEM #18 AND SPOKE TO HIS CLAIM BEING DENIED.)
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 - 3:35 P.M.
History