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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 16, 2001, AT 1:30 P.M.
ALL MEMBERS PRESENT
***NOTE***
The City Council Meeting of July 30th & August 6th will be held at 5:30 p.m.
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit Application of The Blue Cactus, Inc. dba "The Blue
541K Cactus" for a Class "I" liquor license at 5555 S.
48th Street, Suite F. Lease Agreement (1.1M)
(ADOPTED FOR APPROVAL, 7-0; A-80965)
2) Exhibit Manager application of Robert G. Furman for The Blue
79K Cactus, Inc. dba "The Blue Cactus" at 5555 S. 48th Street,
Suite F. (ADOPTED FOR APPROVAL, 7-0; A-80966)
3) Exhibit Application of Mousetrap Inc. dba "Brass Rail" for a
96K liquor catering license at 1436 O Street.(MOTION TO
DELAY 1 WEEK TO 7/23/01; 7-0)
4) Exhibit Application of Russ's Market #2 for a special
259K designated license to cover an area approximately
170 feet by 60 feet at 130 N. 66th Street on July
26, 2001 from 4:00 p.m. to 10:00 p.m. (ADOPTED
FOR DENIAL, 7-0; A-80967)
5) Exhibit Application of Russ's Market #2 for a special
259K designated license to cover an area approximately
170 feet by 60 feet at 130 N. 66th Street on July
28, 2001 from 4:00 p.m. to 10:00 p.m. (ADOPTED
FOR DENIAL, 7-0; A-80968)
PUBLIC HEARING
ORDINANCES - 2ND READING ITEMS 6 - 8 HAD PUBLIC HEARING, NOTE ITEM #7
6) 01-108 Change of Zone HP70 - App. of Rho Chapter House
Corp. Kappa Alpha Theta Fraternity for a landmark
designation for the Kappa Alpha Theta Sorority House
at 1545 S Street. 01-108 (2.8M)
7) 01-109 Approving a Consent to Sublease Agreement with
Alltel to allow Qwest Wireless to co-locate on the
Alltel tower in Antelope Park. Consent to Sublease (18K)
Motion to Amend & Consent to Sublease (24K)
(AMENDED, 7-0)
8) 01-110 Approving a Consent to Sublease Agreement with
American Tower Corp. to allow American Tower to
sublease the Alltel premises in Antelope Park.
Fact Sheet (5K), Alltel (56K)
PUBLIC HEARING - RESOLUTIONS & ORDINANCES FOR ACTION
9) 01R-172 Reappointing Jim Johnson, H. Kirk Langer, Jr., and
Bryan Rickertsen to the Cable Advisory Board for
three-year terms expiring July 1, 2004. (ADOPTED,
7-0; A-80969)
10) 01R-173 Appointing Richard Noble to the Cable Advisory Board
for a three-year term expiring July 1, 2004.
Factsheet (80K)
(ADOPTED, 7-0; A-80970)
11) 01R-174 Appointing Bonnie Armstrong, Greg Kallos, and Marcia
Malone to the Lincoln Area Agency on Aging Advisory
Council for three-year terms expiring July 1, 2004.
Armstrong (50K), Kallos (39K), Malone (126K)
(ADOPTED, 7-0; A-80971)
12) 01R-175 Approving an Agreement between Big Red Keno and
Penalty Box Pub for the operation of a Keno satellite
site at 5551 S. 48th Street.
Factsheet (45K) (ADOPTED, 7-0; A-80972)
13) 01R-176 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth therein for the period of June 16-31, 2001.
Fact Sheet (5K), Claims (20K) (ADOPTED, 7-0; A-80973)
14) 01R-177 Special Permit 1918 - Application of Mike Olderbak
to permit the sale of alcoholic beverages for
consumption off the premises at 338 N. 27th Street.
Fact Sheet (2.4M)
(AMENDED; 7-0; ADOPTED AS AMENDED, 4-3; A-80974)
15) 01R-178 Special Permit 692K - Application of Tabitha, Inc.
to amend the Tabitha New Community community unit
plan to permit the conversion of 28 elderly or
retirement dwelling units to assisted living
facilities on property located at Sea Mountain Road
and Folkways Blvd. Fact Sheet (58K)
(ADOPTED, 7-0; A-80975)
16) 99-93 Amending the corporate limits of the City by
annexing approx. 45 acres of property generally
located at S. 14th St. & Mockingbird Lane North.
(In connection w/00R-308, 00R-309, 00-209) (11/27/00
- Action delayed until 1/8/01) (12/18/00 - To remain on
Pending w/no definite date) (6/4/01 - Removed from
Pending for Public Hearing & Action on 6/25/01) (6/25/01 -
Delayed action to 7/2/01)(6/25/01 - Placed on pending for
3 weeks to 7/16/01) (REMOVED FROM PENDING TO HAVE PUBLIC
HEARING & ACTION ON 7/16/01) (APPROVED SUBSTITUTE
ORDINANCE, 7-0; PASSED, 7-0; #17876)
Factsheet (2M)
17) 00-209 Vacating a portion of Pine Lake Rd. from the west
line of Lazy Acres Subdivi-sion west to the railroad
right-of-way, generally located west of S. 14th St.
& Pine Lake Rd. (In connection w/00R-308, 00R-309,
99-93) (6/4/01 -Removed from Pending for Public
Hearing & Action on 6/25/01)(6/25/01 - Delayed action
to 7/2/01)(6/25/01 - Placed on pending for 3 wks to 7/16/01)
(REMOVED FROM PENDING TO HAVE PUBLIC HEARING & ACTION
ON 7/16/01) (PASSED, 7-0, #17877)
Factsheet (16K)
18) 00R-309 Special Permit 1832 - App. of George & Kathy Mechling
to develop Wilderness Park Estates C.U.P. consisting of
19 dwelling units on property generally located at S.
14th St. & Mockingbird Lane. (In connection w/99-93,
00R-308, 00-209) (11/20/00 - Action delayed until 1/8/01)
(12/18/00 - To remain on Pending w/no definite date) (6/4/01
- Removed from Pending for Public Hearing & Action on
6/25/01)(6/25/01 - Delayed action to 7/2/01)(6/25/01 -
Placed on pending for 3 wks to 7/16/01) (REMOVED FROM
PENDING TO HAVE PUBLIC HEARING & ACTION ON 7/16/01)
(ADOPTED, 7-0, A-80976)
Factsheet (1.7M)
19) 00R-308 Accepting & approving the Pre. Plat of Wilderness
Park Estates including waivers for curb & gutters,
sidewalks, stormwater detention, & street trees, on
property generally located west of S. 14th St. &
Mockingbird Lane. (In connection w/99-93, 00R-309,
00-209) (11/27/00 - Action delayed until 1/8/01)
(12/18/00 - To remain on Pending w/no definite date)
(6/4/01 - Removed from Pending for Public Hearing
& Action on 6/25/01) (6/25/01 - Delayed action to
7/2/01)(6/25/01 - Placed on pending for 3 wks to
7/16/01) (REMOVED FROM PENDING TO HAVE PUBLIC
HEARING & ACTION ON 7/16/01) (ADOPTED, 7-0, A-80977)
Factsheet (1.8M)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
20) Informal Petition for sanitary sewer district at
Northeast corner of NW 40th & "O" Streets, requested
by Boyd Batterman. (REFERRED TO PUBLIC WORKS)
21) MISCELLANEOUS REFERRALS
Reports from City Treasurer of Telecomm. Occ. Tax
for the month of June, 2001: Business Telecom, Inc.;
Operator Communications, Inc.; and One Call
Communications, Inc. (PLACED ON FILE)
Report of UNL Microbiologist for water testing the
month of June, 2001. (PLACED ON FILE)
Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on July 9, 2001. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
22) Clerk's Letter & Mayor's Approval of Ordinances
& Resolutions passed on July 2, 2001. (PLACED ON FILE)
23) Investment of Funds for July 2 - 6, 2001.
(ADOPTED, 7-0; A-80978)
ORDINANCES - 1ST READING ITEMS 24-28 HAD 1st READING
24) 01-111 Change of Zone 3326 - Application of Thomasbrook
Properties for a change of zone from R-3 Residential
to R-4 Residential on property generally located at
60th and Normal Blvd. (In connection w/01R-186)
Fact Sheet (525K)
25) 01-112 Amending Chapters 5.34 and 5.42 of the Lincoln
Municipal Code relating to Pawnbrokers and
Secondhand Jewelry and Watch Dealers to require
pawnbroker forms to be typewritten or machine
printed and to require recording of specific
identifying marks; to add pawnbroker employee to
those required to submit daily reports to the Chief
of Police; to require secondhand jewelry and watch
dealer forms to be typewritten or machine printed;
to change "record of transactions" to "form for each
transaction"; to extend the time of retention of
secondhand jewelry or secondhand watches purchased
by a dealer from 72 hours to 14 days; and to make
requirements for purchasing secondhand jewelry
consistent with requirements for pawning goods.
Fact Sheet (39K)
26) 01-113 Authorizing the issuance and sale of Lincoln
not Electric System Revenue Bonds.
available
on-line
27) 01-114 Authorizing the issuance of Lincoln Electric System
not Revenue Bonds, Series 2001 in the aggregate
available principal amount of not to exceed $175,000,000 and
on-line Taxable Lincoln Electric System Notes, Series 2001
in the aggregate principal amount of not to exceed
$45,000,000.
28) 01-115 Amending Ordinance Nos. 16564, 16792, 16800, and
not 17681 relating to the issuance of Lincoln Electric
available system Revenue Commercial Paper Notes providing for
on-line the relative priority of such notes and the issuance
of taxable Commercial Paper Notes.
ORDINANCES - 3RD READING
29) 01-107 Change of Zone 3238 - Application of Olsson Associates
for a change of zone from AGR Agricultural Residential
to R-1 Residential on property generally located south
and west of S. 70th Street and Old Cheney Road. (In
connection w/01R-171 (PASSED, 7-0 #17878)
Fact Sheet (923K)
30) 01R-171 Accepting and approving the preliminary plat of Hawkswood
Estates for 27 lots and waivers for street lighting inter-
vals, roadway approach grades, sidewalks, curb & gutter,
location of water and sewer mains, storm water requirements,
transfer of sanitary sewer basins, block lengths, and
length of permanent dead end streets, on property generally
located south and west of South 70th Street and Old Cheney
Road. (In connection W/01-107) (7/9/01 - Delay action 1
week to 7/16/01)(ADOPTED AS AMENDED, 7-0; A-80979)
31) 01-106 Authorizing the issuance of not to exceed $3,750,000
aggregate principal amount of the City's Golf Course
Revenue Refunding Bonds. (With Emergency Clause)
(PLACED ON PENDING INDEFINITELY, 7-0)
PENDING LIST EXTENDED ONE WEEK, SEE ITEM #47
32) 00R-64 Special Permit 1423C - App. of Dru, Guy, & David
Lammle to amend the Himark Estates C.U.P. to add
land, increase the assigned number of dwelling units
from 240 to 300 multi-family dwelling units, & to
approve the site plan for the multiple family area,
on property generally located at the northeast
corner of S. 84th St. & Old Cheney Rd. (3/13/00 - To
remain on Pending) Factsheet pt1 (1.5M) Memos (1M)
33) 00-169 Vacating the north/south alley from Seward Ave.
north to the east/west alley in Block 95, Havelock
Add., generally located between N. 62nd & N. 63rd
Sts. (9/25/00 - Placed on Pending) Factsheet (16K)
34) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 ft. (10/16/00 - Placed on Pending) Factsheet (16K)
35) 00-200 Vacating W. N St. from the west line of S. Coddington
to a point approx. 300' west thereof. (11/6/00 - Placed
on Pending) Factsheet (987K)
36) 01-22 Vacating Pine Lake Rd. from the west line of Lazy Acres
Subdivision east to the west line of Lot 6 I.T., generally
located west of S. 14th St. & Pine Lake Rd. (2/26/01 -
Placed on Pending) (Can be acted on separately from
above Wilderness park items) Factsheet (987K)
37) 01-20 Creating Alley Paving Dist. 360 in the north/south alley
between Worthington Ave. & 20th St., from South St. north
approx. 300'. (3/5/01 - Placed on Pending)
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) Factsheet (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 Neigh-borhood 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) Factsheet (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).
41) 01R-83 Accepting the report of new and pending claims
against the city and approving disposition of claims
set forth therein for the period of March 16 - 31,
2001. (4/16/01 - Action delayed for one week to
4/23/01) (4/23/01 - Adopted, 7-0; Reconsidered, 7-0;
Placed on Pending until Annexation Agrmt. comes
forward) Fact Sheet (5K)
42) 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; Public Hearing Con't.)
Fact Sheet (997K), Auction Site Photos (618K)
Auction Site Photos (664K), LMC 27.60 & Signatures (2.2M)
Auction Site Photos (1.4M)
43) 01-75 Amending Section 17.10.080 of the Lincoln Municipal Code
to allow individual meters in a multi-dwelling complex.
(5/7/01 - Pending 8-10 weeks & to form committee)
44) 01R-100 Authorizing the City to charge individually
metered multi-dwelling units for water use
charges. (In connection w/01-75, 01R-101)
(4/30/01 - Action delayed to 5/7/01) (5/7/01 -
Pending 8-10 weeks & to form committee)
45) 01R-101 Authorizing the City to charge individually metered
multi-dwelling units for sanitary use charges. (In
connection w/01-75, 01R-100) (4/30/01 - Action
delayed to 5/7/01) (5/7/01 - Pending 8-10 weeks & to
form committee)
46) 01-96 Renaming Charles Ave. as Hanneman Dr. beginning
at the north approach of the intersection of
Trimble Dr. & W. "C" St. & extending north &
east through the Muff 2nd Add. Preliminary
Plat. (6/18/01 - Placed on Pending until Pre
Plat of Muff 2nd Addition comes forward)
47) 99-93 Amending the corporate limits of the City by annexing
Substitute approx. 4.4 acres of property generally located north of
S. 14th St. & Yankee Hill Rd. (In connection w/01R-144
& 01R-145) (6/25/01 - Public hearing delayed to
7/9/01) (7/9/01 - Action delayed for two weeks
to 7/23/01) (MOTION TO HAVE ACTION & PUBLIC
HEARING ON 7/23/01, 7-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON JULY 23, 2001: (APPROVED, 7-0)
48) 01R-144 Approving an Annexation Agreement between the City &
Gretchen Zwetzig, Trustee of the David W. Flemming
Revocable Trust outlining certain conditions &
understandings with regards to the annexation of
property generally located at 8101 South 14th Street.
(In connection w/01-98, O1R-145) (7/9/01 - Public
hearing delayed to 7/23/01 & to remain on Introduction
List) Fact Sheet
49) 01R-145 Approving an Annexation Agreement between the City &
Alan Schroeder outlining certain conditions &
understandings with regards to the annexation of
property generally located at 8201 South 14th Street.
(In connection w/01-98, 01R-144) (7/9/01 - Public
Hearing delayed to 7/23/01 & to remain on Introduction
List) Fact Sheet
50) 01R-179 Approving a University Place Business Area from N.
48th Street from Colby Street to the mini-parks
north of Adams Street and the appointment of a
Business Improvement Board. Fact Sheet
51) 01R-180 Ordering Paving District 2621 constructed in 7th
Street from O to N Streets. Fact Sheet
52) 01R-181 Appointing Maria Medrano-Nehls to the Lincoln-
Lancaster Women's Commission to fill an unexpired
term expiring March 1, 2002. Fact Sheet
53) 01R-182 Appointing Lauren Ellingson and Vu Chu to the
Lincoln Parks and Recreation Advisory Board for one-
year terms expiring June 30, 2002. Fact Sheet
54) 01R-183 Reappointing Dan Pudenz and Don Schroeder to the
Electrical Advisory, Appeals and Examining Board for
three-year terms expiring August 15, 2004.
55) 01R-184 Approving the StarTran Rate Schedule for an increase
of Student Fare from 50¢ to $1.00 and the
Student Ticket Book from $10.00 to $20.00.
Fact Sheet
56) 01R-186 Special Permit 572E - Application of Thomasbrook
Properties to amend the Thomasbrook Apartments
Community Unit Plan to decrease the land area of the
community unit plan on property generally located at
60th and Normal Blvd. (In connection w/01-111)
Fact Sheet (491K), Fact Sheet continue (202K)
57) 01R-187 Authorizing the acquisition of Block 101, Original
Plat, by negotiation or by condemnation.
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 (7/18//01) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (7/23/01).
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 - 5:15 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