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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 16, 2002, AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT WERNER
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit App. of Cluricaun Wines L.L.C. dba "Cluricaun Wines" for a Class
1.7M X liquor license at 825 M St., Suite 211. Lease & letter (980K)
(ADOPTED FOR APPROVAL, 6-0; A-81694)
2) Exhibit Manager App. of Timothy P. Burke for Cluricaun Wines L.L.C. dba
508K "Cluricaun Wines" at 825 M St., Suite 211.
(ADOPTED FOR APPROVAL, 6-0; A-81695)
3) Exhibit App. of David Nguyen, Inc. dba "Club Energy" for a Class I liquor
1.6M license at 1415 O St. (ADOPTED FOR APPROVAL, 6-0; A-81696)
4) Exhibit Manager App. of Thahn Doan Nguyen for David Nguyen, Inc. dba
888K "Club Energy" at 1415 O St. (ADOPTED FOR APPROVAL, 6-0; A-81697)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 5 THRU 8 HAD 2ND READING; SEE ITEMS 6, 7, & 8)
5) 02-132 Vacating the north-south alley from the south line of M St. to the
north line of the east-west alley in block 83, Original Plat of
Lincoln, generally located west of S. 7th St. between L and M Sts.
Fact Sheet (303K)
6) 02-133 Amending the Corporate limits of the City by annexing approx. 35.3
acres of property generally located at U.S. Hwy. 77, S.W. 12th St.
and W. South St. (In connection w/02-134, 02-135)
(Request 2nd & 3rd readings 9/16/02) Fact Sheet (303K)
(WAIVED THE RULES TO HAVE 3RD READING THIS DATE, 6-0;
PASSED, 6-0; #18064)
7) 02-134 Approving the acquisition of approx. 30.84 acres of property in
order for the Nebraska Housing Resource, Inc. to develop affordable
housing on property generally located at U.S. Hwy. 77 and W.
South St.(In connection w/02-133,02-135) (Request 2nd &
3rd Readings 9/16/02) Fact Sheet (339K)
(WAIVED THE RULES TO HAVE 3RD READING THIS DATE, 6-0;
PASSED 6-0; #18065)
8) 02-135 Declaring approx. 30.84 acres of property generally located at
U.S. Hwy. 77 and W. South St., as surplus and authorizing the sale
thereof.(In connection w/02-133, 02-134) (Request 2nd & 3rd
Readings 9/16/02) Fact Sheet (352K)
(WAIVED THE RULES TO HAVE 3RD READING THIS DATE, 6-0;
PASSED, 6-0; #18066)
PUBLIC HEARING - RESOLUTIONS
9) 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)
(ADOPTED, 6-0; A-81698)
10) 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)
(ADOPTED, 6-0; A-81699)
11) 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)
(ADOPTED, 6-0; A-81700)
12) 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)
(ADOPTED, 6-0; A-81701)
13) 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)
(ADOPTED, 6-0; A-81702)
14) App. of St. Joseph Catholic Church/School at 1940 S. 77th St. to
conduct a lottery within the City of Lincoln from Oct. 1 through
Nov. 30, 2002. (ADOPTED, 6-0; A-81703)
15) App. of St. Teresa's Catholic Church at 735 S. 36th St. to conduct
a lottery within the City of Lincoln from Sept. 29 through
Nov. 10, 2002. (ADOPTED, 6-0; A-81704)
16) App. of St. Patrick's School at 4142 N. 61st St. to conduct a
raffle within the City of Lincoln from Sept. 16 through Nov. 22,
2002. (ADOPTED, 6-0; A-81705)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
17) MISCELLANEOUS REFERRALS
Report of UNL Microbiologist for water testing for the
month of August, 2002. (PLACED ON FILE)
Request for Water Main District in Northwest 6th Street,
West Dawes to West Saunders submitted by Robert M. Markovic.
(REFERRED TO PUBLIC WORKS DEPT.)
Request for Sewer District in Northwest 23rd Street West O
to West Q submitted by Noel L. Chadd. (REFERRED TO PUBLIC
WORKS DEPT.)
Setting Hearing Date of Monday, Sept. 30, 2002 at 5:30 p.m.
for the application of Janeane M. & Robert F. Glenn dba
"Park Terrace Banquet Hall" for a Class "I" Liquor License
at 1501 Center Park Road #200. (ADOPTED, 6-0 ; A-81706)
Setting Hearing Date of Monday, Sept. 30, 2002 at 5:30 p.m.
for the Man. App. of Roy G. Dickson for Corporate Golf Marketing
dba "Yankee Hill Country Club" located at 7600 San Mateo Lane.
(ADOPTED, 6-0; A-81707)
Setting Hearing Date of Monday, Sept. 30, 2002 at 5:30 p.m.
for Man. App. of Kevin Lanning for Whitehead Oil Company dba
"U-Stop Convenience Shop" located at 1421 Centerpark Road.
(ADOPTED, 6-0; A-81708)
REPORTS OF CITY OFFICERS
18) Investment of Funds for Sept. 3 through Sept. 6, 2002.
(ADOPTED, 6-0; A-81709)
19) Report from City Treasurer of Telecommunication Occ. Tax for the
month of Nov., 2001 thru Jan. 2002: Merchant Wired dba MW Cintral;
Mar. thru April, 2002: Merchant Wired dba MW Cintral; June 2002:
Shaffer Comm.; July 2002: Cricket, Cricket (over reported revenue),
Sprint, Sprint Spectrum, Alltel of Midwest, Alltel Nebraska, Alltel
Comm., Nebraska Technology & Telecomm., Cellular One, MCI WorldCom,
IBM Global, Guaranteed Phone Service, Quantumshft, Bell Atlantic,
Network Billing Systems, OCMC, Norstan Network, McLeod USA.
(PLACED ON FILE)
ORDINANCES - 1ST READING
20) 02-136 Approving a Sublease Agreement between the City and Lincoln Action
Program for a sublease of space at the One Stop Center, 1010 N
St., to provide job training and employment services under the
Workforce Investment Act. Fact Sheet (53K), Attachment A (144K)
21) 02-137 Authorizing and providing for the issuance of not to exceed
not $180,000,000 aggregate principal amount of Lincoln Electric
available System Revenue and Refunding Bonds, amending certain provisions
on-line of the Note Ordinance, and related matters. (Request
2nd & 3rd reading on 9/23/02)
ORDINANCES - 3RD READING - NONE
PENDING LIST(EXTENDED 1 WEEK)
22) 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)
23) 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)
24) 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. (4/2/01 -
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)
25) 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; Pub.
Hearing Cont'd.) Fact Sheet (997K), Photo's (618K), Photo's (664K),
Drawings (2.2M), Photo's (1.4M)
26) 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 Pub. Hearing &
Action on 10/15/01) (10/15/01 - Pub. Hearing & Action Delayed 2
weeks to 10/29/01) (10/29/01 - Placed on pending indefinitely)
Fact Sheet (16K)
27) 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)
28) 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 - To remain on Pending)
Fact Sheet (4K)
29) 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)
30) 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)
31) 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)
32) 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 - Placed on Pending until policy recommendation
from Urban Development)
33) 02-39 Establishing a retirement incentive program for City employees who
meet certain age & service criteria. (In connection w/02R-63)
(3/25/02 - Pub. Hearing 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)
34) 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 - Pub. Hearing delayed to
4/15/02) (4/15/02 - Placed on Pending Indefinitely w/Pub. Hearing
when Bill brought forward)
35) 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)
36) 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)
37) 02-126 Approving a multi-year lease between the City of Lincoln Parks and
Recreation Department and Nebraska Wesleyan University for th
improvement of and use of the baseball field located in Woods Park.
(9/9/02 - To have 2nd Reading on 9/30/02)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON SEPTEMBER 23, 2002, 1:30 P.M.: (APPROVED, 6-0)
38) 02R-201 Reappointing Jon Cater, Carl Tesch, and Francene Blythe to the
Community Development Task Force for three-year terms expiring
August 31, 2005. (Subtitute)
39) 02R-202 Reappointing Phyllis Bovee and Barb McCabe to the Lincoln Area
Agency on Aging Advisory Council for three-year terms expiring
July 1, 2005.
40) 02R-203 Reappointing Richard Noel to the Electrical Advisory Appeals and
Examining Board for a three-year term expiring August 15, 2005.
41) 02R-204 Waiving the subdivision requirement for the installation of street
trees and sidewalk on S. 58th St. within Cherrywood Estates 1st
Add. Admin. Final Plat generally located at S. 58th St. and
Pioneers Blvd. Fact Sheet (219K) (Substitute)
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 (9/18/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(9/23/02).
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 3:33 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