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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 27, 2001, AT 1:30 P.M.
ALL MEMBERS PRESENT
NOTE: NO COUNCIL MEETING THE WEEK OF SEPTEMBER 3, 2001
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit App. of Denis M. Vonz dba Pioneers Golf Course for a
171K special designated liquor license to cover the
entire Pioneers Golf Course at 3403 W. Van Dorn St.
on Sept. 7, 2001 from 8:00 a.m. to 3:30 p.m.
(ADOPTED FOR DENIAL, 4-3; COOK, McROY & SENG
DISSENTING; A-81054)
2) Exhibit App. of Wine Merchants for a special designated
158K liquor license to cover an area measuring 25' by 25'
at the UNL Dental College at 40th & Holdrege Sts. on
Sept. 8, 2001 from 2:30 p.m. to 6:30 p.m.
(ADOPTED FOR DENIAL, 4-3; COOK, McROY & SENG
DISSENTING; A-81055)
3) Exhibit App. of Beacon Lounge for a special designated
224K license covering an area measuring approx. 41' by
76' in the lot south of the College of Hair Design
at 11th & M St. on Sept. 1, 2001, from 9:00 a.m. to
12:00 p.m. (ADOPTED FOR DENIAL, 5-2; McROY &
WERNER DISSENTING; A-81056)
4) same as App. of Beacon Lounge for a special designated
#3 license covering an area measuring approx. 41' by
76' in the lot south of the College of Hair Design
at 11th & M St. on Sept. 8, 2001, from 9:00 a.m. to
12:00 p.m. (ADOPTED FOR DENIAL, 5-2; McROY &
WERNER DISSENTING; A-81057)
5) same as App. of Beacon Lounge for a special designated
#3 license covering an area measuring approx. 41' by
76' in the lot south of the College of Hair Design
at 11th & M St. on Sept. 15, 2001, from 9:00 a.m. to
12:00 p.m. (ADOPTED FOR DENIAL, 5-2; McROY &
WERNER DISSENTING; A-81058)
6) Exhibit Man. App. of Chad R. Meister for DHABS L.L.C. dba
214K Barrymore's at 124 N. 13th St. (ADOPTED FOR
APPROVAL, 6-1; McROY DISSENTING; A-81059)
7) Exhibit Man. App. of Robert E. Marshall for Concord
193K Neighborhood Corporation dba Applebee's Neighborhood
Grill & Bar at 3730 Village Drive, 6100 O St., 3951
N. 27th St., & 1133 Q St. (ADOPTED FOR
APPROVAL, 7-0; A-81060)
8) Exhibit App. of Destiny Productions Inc. dba Star City
105K Dinner Theatre for a liquor catering license at 803
Q St. (ACTION DELAYED FOR TWO WEEKS TO
9/10/01, 7-0 )
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 9 HAD PUBLIC HEARING)
9) 01-139 Change of Zone 3333 - App. of Union Bank & Trust for
a change from AG Agricultural to AGR Agricultural
Residential on property generally located at S.W.
12th St. & W. Denton Rd.
PUBLIC HEARING - RESOLUTIONS
10) 01R-228 Accepting the report of new & pending claims against
the City & approving disposition of claims set forth
therein for the period of Aug. 1 - 15, 2001.
(ADOPTED, 7-0; A-81061) Fact Sheet (5K) Attachment A (22K)
11) 01R-229 Special Permit 1924 - App. of Kabredlo's for
authority to sell alcoholic beverages for
consumption off the premises at 2305 R St.
(LOST, 0-7; #38-4375) Fact Sheet (1.2M)
12) 01R-230 Approving a waiver of design standards for the
parking lot surfacing at St. David's Episcopal
Church on property generally located east of 84th &
Holdrege Sts. (ADOPTED, 7-0; A-81062) Fact Sheet (936K)
13) 01R-231 Approving a waiver of design standards for street
trees within the First Federal Lincoln Subdivision
on property generally located at S. 13th & Arapahoe Sts.
(WITHDRAWN, 7-0; #38-4376) Fact Sheet (1.5M)
14) 01R-232 Approving an Amendment to the Interlocal Agreement
between the City & the County relating to the
Lincoln Area Agency on Aging to eliminate the
Lincoln-Lancaster County Commission on Aging.
(ADOPTED, 7-0; A-81063)
15) 01R-233 Authorizing Mike Stretz dba Solid Ground to occupy a
portion of the public right-of-way at 14th & O Sts.
for use as a sidewalk café. (AMENDED, 7-0;
ADOPTED AS AMENDED, 7-0; A-81064)
Fact Sheet (36K), Attachments (562K)
16) 01R-236 Reappointing Jon Camp to the Public Building
Commission for a 4-yr. term expiring Aug. 1, 2005.
(ADOPTED, 7-0; A-81065)
17) 01R-237 Reappointing Coleen Seng to the Joint Budget
Committee for a 2-yr. term expiring Aug. 31, 2003.
(ADOPTED, 7-0; A-81066)
18) 01R-238 Appointing Glenn Friendt to the Railroad Transportation
Safety Dist. for a 1-yr. term expiring Aug. 31, 2002.
(ADOPTED, 7-0; A-81067)
19) 01R-239 Reappointing Coleen Seng & Jonathan Cook to the
Railroad Transportation Safety Dist. for 1-yr. terms
expiring Aug. 31, 2002. (ADOPTED, 7-0; A-81068)
20) 01R-240 Appointing Shirley Maly to the Lincoln City Library
Board of Trustees for a 7-yr. term expiring Aug. 31, 2008.
(ADOPTED, 7-0; A-81069)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
21) Special Permit 1928 - App. of Ross Engineering to
develop a Community Unit Plan consisting of 156
multi-family housing units at North 1st & Charleston
Streets. (REFERRED TO PLANNING)
22) Special Permit 1927 - App. of Cricket Nebraska
Property Co. to co-locate on a monopole at 600
Fletcher Ave. (REFERRED TO PLANNING)
23) Petition to Vacate all street and alley right-of-
ways adjacent to Blocks 13 through 20 and Blocks 37
through 40, Hawthorne Addition, lying between the
North line of South Street and South of Lot 39 I.T.
located in Section 33, T. 10 N., R. 6 E., and
between the West line of Westbrook Addition and East
line of S.W. 27th Street except the west 55.5 feet
of the East-West alley in Block 37, submitted by
Hartland Homes, Inc. (REFERRED TO LAW
DEPT.)
24) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, September 17,
2001 at 1:30 p.m. for the
App. of Wal-Mart Supercenter #1943, for a Class D
Liquor License located at 4700 North 27th Street.
(ADOPTED, 7-0; A-81070)
Reports from City Treasurer of Telecomm Occ. Tax for
the month of July:
TracFone Wireless, Inc.; ATT Wireless PCS, LLC;
NOSVA Limited Partnership; GTC Telecom; Glyphics
Communications, Inc.; Globalcom, Inc.; Comdata
Telecommunications Services, Inc.; Incomnet
Communications Corp.; Lightyear Communications,
Inc.; Tri-M Communications, Inc.; RSL COM USA, Inc.;
XO Long Distance Services, Inc.; Western Union
Communications, Inc.; Affinity Network, Inc.; Single
Billing Services, Inc.; and NOS Communications, Inc.
(PLACED ON FILE)
Report from City Treasurer of Franchise Tax for the
month of July, 2001 from Utilicorp United.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
25) Clerk's Letter & Mayor's Approval of Ordinances
& Resolutions passed on August 13, 2001.
(PLACED ON FILE)
26) Investment of Funds for August 13 - 17, 2001.
(ADOPTED, 7-0; A-81071)
27) Reports from City Treasurer of Telecomm Occ. Tax for
the 1st Quarter of 2001 as follows: Amerivision
Communications, Inc.; for the month of July: NPCR,
Inc. dba Nextel; Vartec; Network Billing Systems,
LLC; Touch America Services, Inc.; Qwest
Communications, Corp.; Teligent Services, Inc.;
Working Assets Funding Service, Inc.; Atlas
Communications, Ltd.; D&D Communications; Primus
Telecommunications, Inc.; LCI International Telecom
Corp.; Trans National Communications International,
Inc.; and One Call Communications, Inc.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEM 28 HAD 1ST READING)
28) 01-140 Authorizing the issuance of not to exceed $7,000,000
City of Lincoln, Nebraska Parking Revenue Bonds,
Series 2001. (Emergency Clause)
ORDINANCES - 3RD READING
29) 01-132 Amending Section 2.62.200 of the Lincoln Municipal
Code to allow members of the Police & Fire Pension
Plans "B" & "C" to switch to Plan "A" within six
months after Deferred Retirement Option Plan
implementation. (ACTION DELAYED FOR TWO WEEKS
TO 9/10/01, 6-1; WERNER DISSENTING)
30) 01-133 Amending Section 10.16.030 of the Lincoln Municipal
Code with regard to the operation of a motor vehicle
while under the influence of alcohol to bring the
level of alcohol in blood or breath into compliance
with state statute. (PASSED, 7-0; #17905)
31) 01-135 Amending the corporate limits of the City by
annexing approx. 251 acres of property generally
located between N. 14th & N. 27th Sts., north of I-
80 & south of Alvo & Arbor Roads. (In connection
w/01-136, 01-137, 01R-220, 01R-221, 01R-222, 01R-
225) (PASSED, 7-0; #17906)
32) 01-136 Change of Zone 3325 - Amending Chapter 27.51 of the
Lincoln Municipal Code to allow development of a
minimum of 50 acres instead of 75 acres in the I-3
Employment Center District. (In connection w/01-
135, 01-137, 01R-220, 01R-221, 01R-222, 01R-225)
(PASSED, 7-0; #17907)
33) 01-137 Change of Zone 3265 - App. of Hampton Development
Services for a change from AG Agricultural to I-3
Employment Center & R-3 Residential on property
generally located between N. 14th & N. 27th Sts.,
north of I-80 & south of Alvo & Arbor Roads. (In
connection w/135, 01-136, 01R-220, 01R-221, 01R-222,
01R-225) (PASSED, 7-0; #17908)
34) 01R-220 Special Permit 1845 - App. of Hampton Development
Services to develop Stone Bridge Creek Community
Unit Plan for 437 dwelling units & a modification of
the lot area, width, & size for outlots & specified
residential & townhouse lots in the proposed R-3
Residential District, on property generally located
between N. 14th & N. 27th Sts., north of I-80 &
south of Alvo & Arbor Roads. (In connection w/01-
135, 01-136, 01-137, 01R-221, 01R-222, 01R-225)
(8/20/01 - Action delayed for 1 week to 8/27/01)
(ADOPTED, 7-0; A-81072)
Fact Sheet (1.0M)
35) 01R-221 Accepting & approving the preliminary plat of Stone
Bridge Creek for 315 single family lots, 80 attached
single family lots, 1 multi-family lot, 7 outlots, 2
industrial lots & 2 large lots for potential future
urban village, with a waiver of the requirements
regarding the location of sanitary sewer mains,
street trees along I-80, double frontage lots, & lot
line angles, on property generally located between
N. 14th & N. 27th Sts., north of I-80 & south of
Alvo & Arbor Roads. (In connection w/01-135, 01-
136, 01-137, 01R-220, 01R-222, 01R-225)
(8/20/01 - Action delayed for 1 week to
8/27/01) (ADOPTED, 7-0; A-81073)
Fact Sheet (1.2M)
36) 01R-222 Use Permit 139 - App. of Hampton Development
Services to develop 500,500 sq. ft. of industrial &
office space, with reduction of the front & side
yards, on property generally located between N. 14th
& N. 27th Sts., north of I-80 & south of Alvo &
Arbor Roads. (In connection w/01-135, 01-136, 01-
137, 01R-220, 01R-221, 01R-225) (8/20/01 -
Action delayed for 1 week to 8/27/01) (ADOPTED,
7-0; A-81074) Fact Sheet (1.1M)
37) 01R-225 Approving an Annexation Agreement between the City &
Stonebridge Creek L.L.C. outlining certain
conditions & understandings with regards to the
annexation of approx. 251.07 acres of property
generally located between Interstate 80 & Arbor Rd.
east of N. 14th St. (In connection w/01-135, 01-
136, 01-137, 01R-220, 01R-221, 01R-222)
(8/20/01 - Action delayed for 1 week to 8/27/01)
(ADOPTED, 7-0; A-81075)
38) 01-138 Change of Zone 3323 - App. of Park Ridge Apartments,
L.L.C. for a change from R-2 Residential to R-3
Residential on property generally located at S.W.
8th & W. C Sts. (In connection w/01R-223, 01R-
224) (PASSED, 7-0; #17909)
Factsheet (845K)
39) 01R-223 Special Permit 1733B - App. of Park Ridge
Apartments, L.L.C. to develop Muff 2nd Add.
Community Unit Plan for an additional 83 dwelling
units, with a reduction of the required lot area, on
property generally located at S.W. 8th & W. "C" Sts.
(In connection w/01R-224, 01-138) (8/20/01
- Action delayed for 1 week to 8/27/01) (ADOPTED,
7-0; A-81076) Fact Sheet (1.2M)
40) 01R-224 Accepting & approving the preliminary plat of Muff
2nd Add. for 12 lots on property generally located
at S.W. 8th & W. "C" Sts. (In connection w/01-
224, 01-138) (8/20/01 - Action delayed for 1
week to 8/27/01) (ADOPTED, 7-0; A-81077)
PENDING LIST (EXTENDED ONE WEEK)
41) 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)
42) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 ft. (10/16/00 - Placed on Pending)
Factsheet (16K)
43) 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)
44) 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)
Factsheet (987K)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 01R-212 Special Permit 1873 - Appeal of Sprint Spectrum,
L.P., from the Planning Commission denial of Special
Permit 1873 for authority to construct a 90' tall
wireless communications facility and waiver of the
fall zone, on property generally located at 4700
Antelope Creek Road. (Placed on Pending for 30 days)
Fact Sheet (2.2M), Photo's (2.5M), Photos (2M)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON SEPTEMBER 10, 2001: (APPROVED, 7-0)
54) 01R-234 Approving the use of public right-of-way by MDS
Pharma Services for the installation of a
buried liquid nitrogen line under Peach St.
between S. 6th & S. 7th Sts.
55) 01R-235 Approving Mary's Place at 1930 W. O St. as a
Keno satellite site.
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 (9/5//01) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (9/10/01).
Chris McCormack - speak to City Council on Firefighters raising
funds on city streets for MDA.
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 5:30 P.M.
UPCOMING HEARING
Presentation by Lincoln Police Chief Tom Casady -
"2001 Local Law Enforcement Block Grant" to be
presented at the formal City Council
meeting of Monday, September 10, 2001, 1:30 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