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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 8, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Mission 3, L.L.C. dba "U-Stop Convenience Shop"
496K for a Class "D" liquor license at 110 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-81579)
2) Manager application of Michael Mandl for Mission 3, L.L.C. dba
"U-Stop Convenience Shop" at 110 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-81580)
3) Exhibit Manager application of Russell K. Plummer for Kmart Corporation
160K dba "Kmart 7550" at 3300 N. 27th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81581)
4) Exhibit Application of Singh Corporation dba "Sher-E-Punjab" for a
443K Class "I" liquor license at 1601 Q Street.
(ADOPTED FOR APPROVAL, 7-0; A-81582)
5) Manager application of Bhupinder Singh for Singh Corporation dba
"Sher-E-Punjab" at 1601 Q Street.
(ADOPTED FOR APPROVAL, 7-0; A-81583)
6) Exhibit Application of Elaine Kodad dba "Kelli's Pub" to expand its
125K liquor license by adding an area measuring approximately 26'
by 13' to the north of its presently licensed premises at 1318
and 1322 N. 66th Street. (ADOPTED FOR APPROVAL, 7-0; A-81584)
7) Exhibit Application of Updowntowners Inc. for a special designated license
196K to cover an area measuring approximately 450' by 60' north/south
and 450' by 60' east/west in 12th St. M/N-O St., and N St.
11th/12th-13th St., on July 25, 2002 from 4:00 p.m. to 1:00 a.m.
and July 26 and 27, 2002 from 11:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-81585)
8) Exhibit Application of Chace Enterprises dba "Silver Spoke Saloon" for a
185K special designated license to cover an area measuring approximately
75' by 25' in the parking lot at 1033 M Street on July 12 and 13,
2002 from 8:00 a.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 7-0;
A-81586)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 9-11 HAD PUBLIC HEARING)
9) 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)
10) 02-103 Amending the pay schedules for certain employee groups by
creating the classification of Athletic Fields Technician in
Class Code 5523.
11) 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.
PUBLIC HEARING - RESOLUTIONS
12) 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) (7/1/02 - Public hearing
con't to 7/8/02 w/action) Thompson Creek Conditional
Annexation and Zoning Agreement (AMENDED, 7-0, ADOPTED AS
AMENDED, 7-0; A-81587)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, July 22, 2002 at 1:30 p.m.
for the application of Brazenhead Lincoln, L.L.C. dba Brazenhead
Irish Pub for a Class C liquor license located at 301 North 8th
Street. (ADOPTED, 7-0; A-81588)
14) Setting the hearing date of Monday, July 22, 2002 at 1:30 p.m.
for the application of Dishdine, LLC dba Dish for a Class I
liquor license located 1100 "O" Street. (ADOPTED, 7-0; A-81588)
15) Informal Petition for an improvement districts for paving, storm
sewer, water, sanitary sewer, sidewalks, street lights & street
trees for Cleveland Avenue from the west R-O-W of N.W. 48th Street
to the east R-O-W of N.W. 53rd Street submitted by Hartland Homes
& Duane Hartman Investments. (REFERRED TO PUBLIC WORKS)
16) MISCELLANEOUS REFERRALS
Clerk's Letter & Mayor's Approval of Ordinances & Resolutions passed
at the Council Meeting of July 1, 2002. (PLACED ON FILE)
Report of Lincoln Wastewater Systems of Recapitulation of Daily Cash
Receipts for June, 2002. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
17) Investments of Funds between June 24 and June 28, 2002.
(ADOPTED, 7-0; A-81590)
18) Report from City Treasurer of Telecommunication Occ. tax for the
month of February, March & April 2002: OCMC, Inc.; for the month
of May, 2002: Sprint Communication Company Limited Partnership,
Nebraska Technology & Telecommunications, Inc., Norstan Network
Services, Inc., Coast International, Inc., Intellicall Operator
Services, OCMC, Inc., Network Billing Systems, LLC, McLeod USA
Telecommunications Services, Inc., Sprint Spectrum, L.P., Trans
National Communications, Int'l., Inc., and MCI WorldCom
Network Services, Inc. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 19-21 HAD 1ST READING)
19) 02-105 Creating the North 27th Street Business Improvement District
generally extending from 26th Street on the west to 28th Street
on the east and from O Street on the south to Fair Street on the
north.
20) 02-106 Change of Zone 73HP - Application of Delta Eta Chapter of Sigma
Nu Fraternity for a landmark designation for the Sigma Nu House
at 625 North 16th Street. Fact Sheet (883K)
21) 02-107 Amending Section 17.18.030 of the Lincoln Municipal Code to
allow the Director of Public Works and Utilities to approve the
use of alternate materials for supply and service pipes
conveying City water.
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
22) 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)(PASSED, 7-0; #18023)
23) 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)(PASSED, 7-0; #18024)
24) 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)(PASSED, 7-0; #18025)
25) 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) (PASSED, 7-0; #18026)
26) 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) (PASSED, 7-0; #18027)
27) 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) (PASSED, 7-0; #18028)
28) 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)
(PASSED, 7-0; #18029)
29) 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)(PASSED, 7-0; #18030)
30) 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) (PASSED, 7-0; #18031)
31) 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)(PASSED, 7-0; #18032)
32) 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) (PASSED, 7-0; #18033)
33) 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)(PASSED, 7-0; #18034)
34) 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 (AMENDED, 6-1, COOK DISSENTING; ADOPTED AS
AMENDED, 7-0; A-81591)
35) 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)(7/1/02 - Action delayed 1
wk to 7/8/02) Fact Sheet (616K) (AMENDED, 6-1, WERNER DISSENTING;
ADOPTED AS AMENDED, 7-0; A-81592)
36) 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)(Action delayed 1 wk to 7/1/02)
Fact Sheet (526K) (ADOPTED, 7-0; A-81593)
37) 02R-139C 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.(7/1/02 - Claim of Aaron Peeks held
over 1 week for action on 7/8/02) Fact Sheet (5K), Exhibit A (29K)
(ADOPTED, 7-0; A-81594)
PENDING LIST (EXTENDED ONE WEEK - SEE ITEM #48)
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 (REMOVE FROM PENDING FOR P.H. on 7/22/02, 7-0)
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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON JULY 15, 1:30 P.M.: (APPROVED, 7-0)
54) 02R-144 Approving a waiver of the Land Subdivision Ordinance for street
trees, sidewalks, street paving with curb and gutter, water
distribution, and street lights at 4811 Mandarin Circle.
Fact Sheet (240K)
55) 02R-145 Approving a waiver of the Land Subdivision Ordinance to extend
the time of construction and installation of sidewalks and street
trees within Union Pacific 3rd Addition on property generally
located at N.W. 12th Street and W. Commerce Way.
Fact Sheet (313K)
56) 02R-146 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth therein for the
period of June 16 - 30, 2002. Fact Sheet (5K), Exhibit A (29K)
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 (7/10/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (7/15/02).
Craig Groat Topic: Formation of Code of
4935 Huntington Ave. Ethics committee.
Lincoln, NE 68504 (REQUESTED COUNCIL TO FORM A CODE OF ETHICS
COMMITTEE)
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 - 2:50 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