|
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 9, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT, EXCEPT CAMP & FRIENDT
MAYOR'S AWARD OF EXCELLENCE FOR AUGUST, 2002
Presented to Michael Wright, Robert Borer,
Jeremy Hosek and Guy Jones of the Lincoln Fire
Department for the month of August,
in the category of Valor.
PUBLIC HEARING - COMMENTS WELCOME
2002 - LOCAL LAW ENFORCEMENT BLOCK GRANT
Presentation by Police Chief Tom Casady
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Corey Fletcher dba "Mahoney golf Course"
160K for a 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 September 21, 2002 from 8:00 a.m.
to 6:00 p.m. (ADOPTED FOR APPROVAL, 4-1, SVOBODA
DISSENTING; A-81676)
2) Exhibit Application of Empyrean Brewing Company for a special
1M designated liquor license in 7th Street from Q to P
Streets and P Street from 7th to 8th Streets on
September 20, 2002 from 4:00 p.m. to 1:00 a.m. and on
September 21, 2002 from 8:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 5-0; A-81677)
3) Exhibit Application of Valentino's of Lincoln, Inc. dba
634K "Valentino's" for an addition of an area to the north
of their presently licensed premises located at 2701 S.
70th Street, for a total area of approximately 122 feet
by 136 feet. (ADOPTED FOR APPROVAL, 5-0; A-81678)
4) Exhibit Application of Irie Inc. dba "Doc's Place" for a Class
5.3M "C" and Catering liquor license at 140 N. 8th Street,
Suite 150. (ADOPTED FOR APPROVAL, 5-0; A-81679)
5) see item Manager application of Troy James Falk for Irie Inc. dba "Doc's
#4 Place" at 140 N. 8th Street, Suite 150.
(ADOPTED FOR APPROVAL, 5-0; A-81680)
PUBLIC HEARING
ORDINANCES - 2nd READING - NONE
PUBLIC HEARING - RESOLUTIONS
6) 02R-192 Amending an Amendment to the Lincoln Center Redevelopment
Plan for Lincoln Mall Redevelopment Project for street scape
and infrastructure improvements in an area generally extending
along Lincoln Mall from S. 10th Street to S. 14th Street.
(In Connection w/02R-193) Fact Sheet (825K) (ADOPTED, 5-0; A-81681)
7) 02R-193 Approving a Redevelopment Agreement between the
City and NEBCO, Inc. to fund public improvements
within the Lincoln Mall Project Area generally
located along Lincoln Mall between 10th and 14th
Streets. (In connection w/02R-192)
(ADOPTED, 5-0; A-81682)
8) 02R-188 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of August
1 - 15, 2002. Fact Sheet (28K), Fact Sheet (5K)
(ADOPTED, 5-0; A-81683)
9) 02R-189 Approving appropriations in the amount of $39,950
from the operation of Keno lottery funds for
various human services. Fact Sheet (271K) (ADOPTED, 5-0; A-81684)
10) 02R-190 Appointing John Ludden to the Lincoln Area Agency
on Aging Advisory Council for a three-year term
expiring July 1, 2005. Fact Sheet (71K) (ADOPTED, 5-0; A-81685)
11) 02R-191 Appointing Colette Mast to the Community Development
Task Force for a three-year term to expire August 31,
2005. Fact Sheet (150K)(ADOPTED, 5-0; A-81686)
12) 02R-194 Appointing Jeff Kirkpatrick, Lynda Anderson, and
James O'Hanlon to the Lincoln Library Board for
terms commencing on September 1, 2002 and expiring
on August 31, 2006, August 31, 2009, and August
31, 2004, respectively. Fact Sheet (34K)(ADOPTED, 5-0; A-81687)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, September 16,
2002 at 1:30 p.m. for the Application of St.
Joseph Catholic Church & School to conduct a
lottery within the City of Lincoln from October 1
through November 30, 2002. (APPROVED, 5-0)
14) Setting the hearing date of Monday, September 16,
2002 at 1:30 p.m. for the Application of St. Teresa's
Catholic Church to conduct a lottery within the City of
Lincoln from October 1 through November 10, 2002.
(APPLICANT REQUESTED CHANGE OF START DATE TO 9/29/02;
APPROVED, 5-0)
15) Setting the hearing date of Monday, September 16,
2002 at 1:30 p.m. for the Application of St. Patrick's
School to conduct a raffle within the City of Lincoln
from September 17 through November 22, 2002. (APPROVED, 5-0)
16) Setting the hearing date of Monday, September 23,
2002 at 1:30 p.m. for the application of Robert &
Susan Ihrig dba Bob's Gridiron Grille & Pigskin
Pub for a Class I liquor license located at 4200
South 27th Street. (ADOPTED, 5-0; A-81688)
17) Setting the hearing date of Monday, September 23,
2002 at 1:30 p.m. for the application of Chase
Enterprises, Inc. dba Silver Spoke Saloon for a
Class D-1 liquor license located at 1400 Saltillo
Road. (ADOPTED, 5-0; A-81689)
18) The following were referred to the Planning Dept.:
Change of Zone No. 3375 - Application of Carol J.
Sjulin, David H. Sjulin, and Kathryn Sjulin-
Lonowski to change the zoning from R-1/AGR to O-3
property located at the NE corner of Old Cheney
Rd. and Highway 2.
Use Permit 146 - Application of Carol J. Sjulin,
David H. Sjulin, and Kathryn Sjulin-Lonowski to
permit 60,000 sq. ft. of office and financial on
property located at the NE corner of Old Cheney
Rd. and Highway 2.
Special Permit 1986 - Application of TJK
Investments, Inc. to construct a parking lot in
residential zoning district on property located at
28th and Vine Street.
19) MISCELLANEOUS REFERRALS
Investment of Funds for August 26 through August 30, 2002.
(ADOPTED, 5-0; A-81691)
Setting the hearing date of Monday, September 23,
2002 at 1:30 p.m. for the application of Levy
Premium Foodservice Ltd. dba Levy Restaurants for
a deletion to premise consisting of south parking
lot approx. 50' x 200', located at Haymarket Park,
403 Line Drive Circle. (ADOPTED, 5-0; A-81690)
Report of Lincoln Water & WasteWater System
Recapitulation of Daily Cash Receipts for August, 2002.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
20) Investment of Funds for August 19 through August 23, 2002.
(ADOPTED, 5-0; A-81692)
21) Approving the distribution of funds representing interest
earnings on short-term investments of Idle Funds for the
month ended July 31, 2002. (ADOPTED, 5-0; A-81693)
22) Request of Public Works to set the Hearing Date of
Monday, September 30, 2002 at 5:30 p.m. and place
on the formal City Council Agenda the following:
(APPROVED, 5-0)
02R-198 To provide authority to create a Paving
Unit in Saunders Avenue, 12th to 14th Streets
in order to bring said street up to current
design standards with 33' wide paving.
23) Quarterly Financial Report from LES for April - June, 2002.
(PLACED ON FILE)
24) Report from City Treasurer of Cash on Hand at the
close of business July 31, 2002. (PLACED ON FILE)
25) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed by Council on August 19, 2002.
(PLACED ON FILE)
26) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed by Council on August 26, 2002.
(PLACED ON FILE)
27) Report from City Treasurer of Telecommunication
Occ. Tax for the month of Jan. through Mar., 2002:
Zenex Long Distance, Inc., Fast Phones of
Nebraska, Corp.; for the month of April through
June, 2002: Matrix Telecom, Fast Phones of
Nebraska, Corp.; for the month of July, 2002:
Nextel West Corp., USA Paging LLC, Comdata
Telecommunications, Inc., RSL Com USA, Inc.,
Globalcom, Inc., Glyphics Communications, Inc.,
Tri-M Communications, Inc., Nosva Limited
Partnership, NOS Communications, Inc. GTC Telecom,
Inc., Lightyear Communications, Inc., Zone
Telecom, Inc., LDMI Telecommunications, Inc.,
Association Administrators, Inc., Affinity
Network, Inc., Onstar Corporation, ATT Wireless
PCS, LLC, ATS Mobile Telephone Co., Inc., Working
Assets Funding Service, Inc., Telco Development
Group De Inc., ACN Communications Services, Inc.,
Intellical Operator Services, Trans National
Communications Int'l., Inc., Qwest Communications,
Corp., Teligent Services, Inc., Global Crossing
Telecommunications, Inc., AT&T Communications of
Midwest, Excel Telecommunications, Inc., Primus
Telecommunications, Inc., Broadwing
Telecommunications, Touch America, Inc., Big
Planet, Inc., XO Long Distance Services, Inc.,
Tracfone Wireless, WorldXchange Corp., and
Operator Communications, Inc. (PLACED ON FILE)
28) Report of Franchise Tax for the month of July,
2002 from Aquila. (PLACED ON FILE)
ORDINANCES - 1ST READING - (ITEMS 29 - 33 HAD 1ST READING - SEE ITEM #29)
29) 02-126 Approving a multi-year lease between the City of
Lincoln Parks and Recreation Department and
Nebraska Wesleyan University for the improvement
of and use of the baseball field located in Woods
Park. (MOTION TO HAVE 2ND READING ON 9/30/02,
APPROVED, 5-0)
30) 02-132 Vacating the north-south alley from the south line
of M Street to the north line of the east-west
alley in block 83, Original Plat of Lincoln,
generally located west of S. 7th Street between L
and M Streets. Fact Sheet (303K)
31) 02-133 Amending the Corporate limits of the City by
annexing approximately 35.3 acres of property
generally located at U.S. Highway 77, S.W. 12th
Street and W. South Street. (In connection
w/02-134, 02-135)(Request 2nd & 3rd readings 9/16/02)
Fact Sheet (303K)
32) 02-134 Approving the acquisition of approximately 30.84
acres of property in order for the Nebraska
Housing Resource, Inc. to develop affordable
housing on property generally located at U.S.
Highway 77 and W. South Street.(In connection
w/02-133,02-135) (Request 2nd & 3rd Readings 9/16/02)
Fact Sheet (339K)
33) 02-135 Declaring approximately 30.84 acres of property
generally located at U.S. Highway 77 and W. South
Street, as surplus and authorizing the sale
thereof.(In connection w/02-133, 02-134)
(Request 2nd & 3rd Readings 9/16/02)
Fact Sheet (352K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
34) 02-131 Change of Zone 74HP - Application of Cindy Loope
for a landmark designation for the East Campus
Neighborhood Landmark District generally located
between Holdrege Street on the north, Idylwild
Drive on the west, Apple Street on the south and
N. 40th Street on the east. Fact Sheet (1.1M)
(PASSED, 5-0; #18063)
35) Exhibit Application of Crawdad's Inc. dba Holmes Golf
731K Course for a special designated license to cover
the entire golf course and parking lot at 3701 S.
70th Street on the 26th day of September, 2002, from
8:00 a.m. to 8:00 p.m. (8/26/02 - Carried over due
to 3-3 tie vote) (Request by applicant to withdraw)
(WITHDRAWN, 5-0; #38-4413)
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 01-150 Creating paving District 2623 in N.W. 27th Street from approxi-
mately 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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 is brought forward)
48) 02R-63 Approving a transfer of appropriations from existing re-
appropriations 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)
49) 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)
50) 02-114 Amending Chapter 2.54 of the Lincoln Municipal Code by adding a
new section entitled "Standards of Ethical Conduct for Employees
and Elected Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on pending until a
committee is formed) Fact Sheet (4K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON SEPTEMBER 16, 2002, 1:30 P.M.:(APPROVED, 5-0)
51) 02R-195 Approving an Agreement between the City
and Lincoln Housing Authority for the
joint development and maintenance of a
mini-park in the Arnold Heights Neighborhood
and approving the name as "Eagles View Park"
on property generally located at W. Knight
Street and N.W. 52nd Street. Fact Sheet (57K), Agreement (236K)
52) 02R-196 Approving an Agreement between the City Aging
Services and the Seniors Foundation for a three-
year term for the Foundation's assistance with
fund-raising, services and support for the various
multi-purpose senior centers and Aging programs. Fact Sheet (109K)
53) 02R-197 Waiving design standards for street trees in two
lots in McNeese Addition on property generally
located at S. 25th Street and Sumner Street. Fact Sheet (288K)
54) 02R-199 Approving a Letter Agreement between the City of
Lincoln Police Department and Hanigan Bjorkman
Ecklund for assistance in evaluating evidence
handling policies and procedures for a three year
term. Fact Sheet (67K)
55) 02R-200 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of July 16
- 31, 2002. Fact Sheet (5K), Exhibit A (30K)
Please note: During the open microphone & registered section of the agenda,
individuals are allowed a total of 5 minutes to speak whether registered or not
regardless of number of topics.
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 (9/11/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (9/16/02).
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 - 2:50 P.M.
****
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.
****
History