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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 30, 2002, AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Dan Williams dba "Highlands Golf Course" for a
193K special designated license to cover the entire golf course and
parking lot at 5501 N.W. 12th Street on October 14, 2002 from
8:00 a.m. to 6:00 p.m. (ADOPTED FOR APPROVAL, 4-3, CAMP, FRIENDT
& SVOBODA DISSENTING; A-81721)
2) Exhibit Manager application of Roy G. Dickson for Corporate Golf Marketing
161K dba "Yankee Hill Country Club" at 7600 San Mateo Lane.
Attachment (17K) (ADOPTED FOR APPROVAL, 7-0; A-81722)
3) Exhibit Manager application of Kevin Lanning for Whitehead Oil Company dba
192K U-Stop Convenience Shop" at 1421 Centerpark Road. (ADOPTED FOR
APPROVAL, 7-0; A-81723)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 4 & 5 HAD 2ND READING - SEE ITEM #4)
4) 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. (9/9/02 - To have 2nd Reading on 9/30/02) Lease (188K)
Letter of Understanding (298K), Exhibit A (4K), Exhibit B (465K),
Exhibit C (40K) (P.H. CON'T. W/ACTION ON 10/14/02, 7-0)
5) 02-138 Renaming the stub street running east from Tallgrass Parkway from
"Nighthawk Road" to "Blue Sage Boulevard", generally located at
Highway 34 and Fallbrook Boulevard. Fact Sheet (650K)
PUBLIC HEARING - RESOLUTIONS
6) 02R-198 Creating Paving Unit No. 137 in Saunders Ave., 12th Street to
14th Street. Fact Sheet (6K) (SUBSTITUTE RESOLUTION LOST, 3-4,
CAMP, FRIENDT, MCROY, SVOBODA DISSENTING; MAIN RESOLUTION LOST,
0-7; #38-4414)
7) 02R-205 Authorizing the use of the public right-of-way across P Street and
east along the north side of P Street to 16th Street for install-
ation of private chilled water lines for the Nebraska State
Historical Museum located at Centennial Mall and P Street.
Fact Sheet (6K) (ADOPTED, 7-0; A-81724)
8) 02R-206 Approving the 2002-03 Work Plan for the Stormwater Interlocal
Agreement between the city and the Lower Platte South NRD for
addressing stormwater quality and quantity issues in the City.
Attachment A (107K) (ADOPTED, 7-0; A-81725)
9) 02R-207 Approving a schedule for water use charges to increase revenues
for the Lincoln Water System. Fact Sheet (6K) (PLACED ON PENDING
TO HAVE P.H. THE SAME TIME AS IMPACT FEES P.H., 6-1, FRIENDT
DISSENTING)
10) 02R-208 Assessing premise clearance costs associated with the clearing of
public nuisances to the following benefitted properties: 621 N.
70th, 2442 Vine St., 417 S. 56th St., 621 N. 70th St., 1616 N. 24th
St., 1340 Plum St., 1529 S. 24th St., 2032 U St., 1340 Plum St.,
1032 Lake St., 1315 S. 8th St. (ADOPTED, 7-0; A-81726)
11) 02R-209 Special Permit 1985 - Application of Alonzo and Marijane Athey to
allow the reconstruction and expansion of a non-conforming use, on
property generally located at 9400 Yankee Hill Road.
Fact Sheet (1M) (MOTION TO DELETE WAIVER OF TREES, 7-0;
ADOPTED AS AMENDED, 6-1, WERNER DISSENTING; A-81727)
12) 02R-210 Approving the application of the Parks and Recreation Department
for a grant application to the Nebraska Game and Parks Commission
for the completion of trails and related bridges in the
Holmes Lake Park improvement project. (ADOPTED, 7-0; A-81728)
13) 02R-211 Accepting the report of new and pending claims against the City and
approving disposition of claims set forth therein for the period
of September 1 - 15, 2002. Fact Sheet (5K)(ADOPTED, 7-0; A-81729)
14) 02R-212 Reappointing Jeffrey Schwebke, Lois Haupt, Don Post, and appointing
Glenn Friendt to the Community Development Task Force for three-
year terms expiring August 31, 2005. (SUBSTITUTE RESOLUTION
ADOPTED AS AMENDED, 7-0; A-81730)
15) 02R-213 Appointing Dr. D'Andra Orey to the Charter Revision Commission
for a four-year term expiring July 15, 2006. Fact Sheet (28K)
(ADOPTED, 7-0; A-81731)
16) 02R-214 Approving an Agreement between the City and the Nebraska Department
of Roads for Project No. F-77-2(1021) US Highway 77 - Capitol
Parkway West Interchange. Fact Sheet (4K), Fact Sheet (213K)
(ADOPTED, 7-0; A-81732)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS - NONE
17) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, October 14, 2002 at 1:30 p.m.
for the Manager Application of Wayne L. Venter for the Lancaster
Councty Agricultural Society dba Lancaster Event Center located
at 4100 N. 84th Street. (ADOPTED, 7-0; A-81733)
Setting the hearing date of Monday, October 14, 2002 at 1:30 p.m.
for the Application of BJT, Inc. dba The Office for a Class I
liquor license located at 1211 "O" St. (ADOPTED, 7-0; A-81734)
Setting the hearing date of Monday, October 7, 2002 at 1:30 p.m.
for the Application of Pius X High School Booster Club to conduct
a lottery within the City of Lincoln beginning Feb. 3, 2003 to
May 3, 2003. (ADOPTED, 6-0, WERNER ABSENT; A-81735)
Petition to Vacate the north-south alley running from L Street
north halfway to M Street between South 7th and South 8th Street
submitted by Peter Katt, Attorney for BFP Ltd. (REFERRED TO
LAW DEPT.)
Petition to Vacate teh east-west alley lying south of Lots 1,2,3,
4,5 & p6, & that portion of the north-south alley lying between
Lots 11, 12 & 13 on the west and Lots 24, 25 & 26 on the east in
Halters Sub (Sec 14, T10N, R6E). (REFERRED TO LAW DEPT.)
Clerk's Letter and Mayor's Approval of Ordinances & Resolutions
passed by Council on September 23, 2002. (PLACED ON FILE)
Report from City Treasurer of Cash on Hand at the close of business
September 27, 2002. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
18) Investment of Funds for Sept. 16 through Sept. 20, 2002.
(ADOPTED, 7-0; A-81733)
19) Reports from City Treasurer of Telecommunications Occ. Tax for the
month of February, 2002: Merchant Wired; for the month of August,
2002: NPCR, Inc., D&D Communications, Inc., ATS Mobile Telephone
Co., Operator Communications, Inc., VARTEC, Touch America, Inc.,
Primus Telecommunications, Inc., Broadwing Telecommunications,
Teligent Services, Inc., Global Crossing Tele-communications, Inc.,
ACN Communications Services, Inc., Working Assets Funding Service,
Inc., Qwest Communications, Inc., Onstar Corporation, AT&T Communi-
cations of Midwest, XO Long Distance Services, Inc., Tracfone
Wireless, Inc., Intellical Operator Services, Western Union Communi-
cations, Inc., Affinity Network, Inc., NOSVA Limited Partnership,
NOS Communications, Inc., RSL COM USA, Inc., Trans National
Communications, Int'l., Inc., Tri-M Communications, Inc., ATT
Wireless PCS, LLC, ATT Wireless Services, I-LINK Communications,
Inc., Association Administrators, Inc., LDMI Telecommunications,
Inc., Zone Telecom, Inc., COMDATA Telecommunications Services, Inc.,
GTC Telecom, Inc., Lightyear Communications, Inc., and Nextel West
Corp. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEM 20 HAD 1ST READING)
20) 02-139 Vacating Nighthawk Road west of N.W. 6th Street within Fallbrook
Addition, generally located north of Fallbrook Blvd. and west of
N.W. 6th Street. Fact Sheet (351K)
ORDINANCES - 3RD READING
21) 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)
(PASSED, 7-0; #18069)
PENDING LIST (EXTENDED ONE 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 approxi-
mately West O Street north to the Interstate bridge and assessing
the cost thereof against the benefitted property. (11/19/01 - Recon-
sidered & 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 the
improvement of and use of the baseball field located in Woods
Park. (9/9/02 - To have 2nd Reading on 9/30/02)
Letter of Understanding (298K), Exhibit A (4K), Exhibit B (465K),
Exhibit C (40K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON OCTOBER 7, 2002, 1:30 P.M.: (APPROVED, 7-0)
Special Public Hearing to be held 10/7/02 at 1:30 P.M. on 02R-215
38) 02R-215 Approving the 2002-2003 City tax rate of .31452 per $100 of
assessed valuation.
39) 02R-216 Use Permit 143 - Application of Thistle Glenn Investments, L.L.C.
to develop 5,500 sq. ft. of veterinary clinic space and 6,000 sq.
ft. of office/retail, and a modification of the sign requirements,
on property generally located south of Pioneers Blvd. east of
Pioneer Wood Drive and Stacy Lane. Fact Sheet (444K)
40) 02R-217 Approving waivers of design standards for sidewalks on the west
side of S. 70th Street adjacent to Lots 1 and 2, Hickory Crest 4th
Addition, and for the sidewalk within the pedestrian easement
between Lots 1 and 2, Hickory Crest 4th Addition from King's Court
to S. 70th Street. Fact Sheet (1M)
41) 02R-218 Vacating the west 18 feet of Madison Street south of A Street, aka
S. 117th Street, Walton, Lancaster County, within the three-mile
jurisdiction of the City. Fact Sheet (332K)
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 (10/2/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(10/7/02).
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 - 11:30 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