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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 24, 2001, AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT WERNER
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit Application of Bwitched Two, Inc. dba "Bison Witches
1.2M Bar & Deli" for a Class "C" liquor license at 1320 P
Street, Suite 100. (ADOPTED FOR APPROVAL, 6-0;
A-81107)
2) same as Manager application of Steven Gerard Gaudreau for
Item #1 Bwitched Two, Inc. dba "Bison Witches Bar & Deli" at
1320 P Street, Suite 100. (ADOPTED FOR APPROVAL,
6-0; A-81108)
3) Exhibit Application of Brinker Restaurant Corporation dba
882K "Chili's Southwest Grill & Bar" for a Class "I"
liquor license at 6730 S. 27th Street. (ADOPTED
FOR APPROVAL, 6-0; A-81109)
4) same as Manager application of Kenneth W. Vaughan for Brinker
Item #3 Brinker Restaurant Corporation dba "Chili's
Southwest Grill & Bar" at 6730 S. 27th Street.
(ADOPTED FOR APPROVAL, 6-0; A-81110)
5) Exhibit Application of Buggy Bath West, L.L.C. dba "Buggy Bath
910K Car Wash - West" for a B and K liquor license
at 1502 West "O" Street. (ADOPTED FOR APPROVAL,
6-0; A-81111)
6) same as Manager application of Michael D. Raasch for Buggy Bath
Item #5 West, L.L.C. dba "Buggy Bath Car Wash - West"
at 1502 West "O" Street. (ADOPTED FOR APPROVAL,
6-0; A-81112)
7) not Application of Lancaster County Agricultural Society Inc.
available dba "Lancaster Event Center" for an addition to its
this week licensed premises consisting of a courtyard area and
covered walkway approximately 325' by 175', a
passageway approximately 200' by 100' and a small
animal building 240' by 90' located at 4011 N. 84th
Street. (PUBLIC HEARING TO BE CONTINUED TO 10/01/01, 6-0)
8) not Application of Thai Garden L.L.C. dba "Thai Garden
available Restaurant" for a Class "I" liquor license at 1245 Q
this week Street, Suite 100. (PUBLIC HEARING TO BE CONTINUED
TO 10/08/01, 6-0)
9) not Manager application of Zhongwen Jiang Wei for Thai Garden
available L.L.C. dba "Thai Garden Restaurant" at 1245 Q Street,
this week Suite 100. (PUBLIC HEARING TO BE CONTINUED
TO 10/08/01, 6-0)
10) Exhibit Application of Daniel Williams dba "Highlands Golf
179K Course" for a special designated license covering
the area of the entire golf course, parking lot, and
clubhouse, on the 8th day of October, 2001, from
8:00 a.m. to 5:00 p.m. (ADOPTED FOR APPROVAL,
5-1; SVOBODA DISSENTING; A-81113)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 11 & 12 HAD 2ND READING; SEE ITEM 11)
11) 01-145 Vacating the north-south alley in Block 119,
Original Plat of Lincoln, generally located at 10th
Street and Lincoln Mall. (Request to have
2nd & 3rd readings 9/24/01)(SUSPENDED THE RULES
TO HAVE 2ND & 3RD READING, 6-0; PASSED, 6-0; #17913)
Fact Sheet
12) 01-146 Amending Title 26 of the Lincoln Municipal Code
relating to the Land Subdivision Ordinance to group
all application fees into one chapter, to add an
application fee for a request to amend the
conditions of an approved final plat, to vacate a
final plat, and to amend the text of the Land
Subdivision Ordinance. Fact Sheet
PUBLIC HEARING - RESOLUTIONS
13) 01R-250 Authorizing submittal of a grant application to the
Transportation Enhancement Program for the
construction of the MoPac West Trail along the MoPac
Railroad corridor between 18th and X Streets and
30th and X Street. (ADOPTED, 6-0; A-81114)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
14) App. of Blessed Sacrament Church, 1720 Lake St. to
conduct a raffle on Oct. 14, 2001 within the City of
Lincoln. (Need a motion to set hearing date for
Mon., Oct. 1, 2001 at 1:30 p.m.) (APPROVED, 6-0)
15) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3340 - App. of US Bank for a change
from R-1 to B-1 on property at Woods Blvd. &
27th Street.
Change of Zone 3341 - App. of Jerry Coniglio for a
change from AG to H-3 on property at 4901 S
14th Street.
Special Permit No. 1931 - App. of Richard C. Barkalow
for an addition to existing one story, single family,
frame structure at North 27th & Telluride Dr.
Special Permit No. 1932 - App. of Gokie Enterprises
Inc. for sale of alcoholic beverages for consumption
off the premises of convenience store with gas & carwash
at North 27th & Telluride Dr.
Special Permit No. 1933 - App. of Cricket Nebraska
Property Co. to install a new wireless tower at 5200
Calvert St., Union College Athletic Field.
Special Permit No. 1934 - App. of Zan It LLC to permit
the sale of alcohol under a Class C Liquor License
from the Nebraska Liquor Control Commission & waive
parking lot surfacing requirements in parking lot
design standards under Sec. 27.67.100 of the LMC at
2112 Cornhusker Highway.
16) MISCELLANEOUS REFERRALS
Petition to Vacate Public Way of east/west alley
from 1st to 2nd Street located in Block 264 Lincoln
Original Plat signed by John Watson, People's City Mission.
(REFERRED TO LAW DEPT.)
App. of American Heart Assn., 1550 S. 70th
St., #100, to conduct a lottery from 10/01/01 to
11/17/01 within the City of Lincoln. (Need a motion
to set hearing date for Mon, Oct. 01, 2001 at 1:30
p.m.) (APPROVED, 6-0)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Special Permit No. 1013I - App. of Steve Miers to
increase height of flag pole to 80' at 6000 S. 56th St.
Reports of City Treasurer of Telecomm. Occ. Tax for
the month of June, 2001: Aliant/Alltel; Aug., 2001:
ATS Mobile, Working Assets, TracFone Wireless, Touch
America, Teligent Services, Primus,, Atlas, LCI
Int'l., Qwest, Trans Nat'l, Nextel West, Vartec, D&
D, McLeodUSA, XO Long Distance, GTC, NPCR/Nextel,
Lightyear, Globalcom, NOSVA, Incomnet, RSL COM USA,
Tri-M, Comdata, Telco Dev., NOS, Western Union,
Affinity Network, Single Billing. (PLACED ON
FILE)
Report of City Treasurer of Franchise tax for the
month of August, 2001 from Utilicorp United.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
17) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Sept. 10, 2001. (PLACED ON
FILE)
18) Investment of Funds for September 10 - 14,
2001.(ADOPTED, 6-0;A-81115)
ORDINANCES - 1ST READING (ITEM 19 HAD 1ST READING)
19) 01-147 Vacating S. 22nd Street from the north line of J
Street to the south line of the east-west alley in
Block 4, McMurtry's Addition between S. 21st Street
and S. 22nd Street. Fact Sheet
RESOLUTIONS - HAD PUBLIC HEARING - ACTION ONLY
20) 01R-248 Special Permit 1926 - Application of Mark Lyon
on behalf of Ideal Grocery for authority to sell
alcoholic beverages for consumption off the premises
at S. 27th and F Streets.(9/17/01 - Action delayed
1 week to 9/24/01) (AMENDED, 5-1; MCROY
DISSENTING; ADOPTED, 5-1; MCROY DISSENTING;
A-81116) Fact Sheet (959K)
21) 01R-249C Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth therein for the period of August 16 - 31,
2001. (Yoakum, Bauer, Davis claims) (DAVIS CLAIM
- ADOPTED FOR DENIAL, 6-0; BAUER CLAIM - ADOPTED FOR
DENIAL - 6-0; YOAKUM CLAIM - ADOPTED FOR DENIAL, 4-2;
MCROY & SENG DISSENTING;A-81117)
ORDINANCES - 3RD READING
22) 01-141 Amending Section 2.62.020 of the Lincoln Municipal
Code to include bi-weekly Post Employment Health
Plan contributions for purposes of calculating
pension benefits for participants in Police and Fire
Pension Plan "A". (Motion to Amend) (AMENDED,
6-0; PASSED, 6-0; #17914) Factsheet (98K)
23) 01-142 Amending Section 2.65.020 of the Lincoln Municipal
Code to amend the definition of regular pay to
include bi-weekly Post Employment Health Plan
contributions for purposes of calculating pension
benefits for participants in Police and Fire Pension
Plan "B". (Motion to Amend) (AMENDED, 6-0;
PASSED, 6-0; #17915) Factsheet (99K)
24) 01-143 Amending Section 2.66.020 of the Lincoln Municipal
Code to amend the definition of regular pay to
include bi-weekly Post Employment Health Plan
contributions for purposes of calculating pension
benefits for participants in Police and Fire Pension
Plan "C". (Motion to Amend) (AMENDED, 6-0;
PASSED, 6-0; #17916) Factsheet (98K)
25) 01-144 Change of Zone 3336 - Application of Rex Anderson
for a change of zone from I-1 Industrial to R-7
Residential on property generally located at 19th
and Dudley Streets. (REFERRED BACK TO PLANNING
DEPT.) Factsheet (1.1M)
PENDING LIST (EXTENDED 1 WEEK; SEE ITEMS 28, 29, & 37)
26) 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)
27) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 ft. (10/16/00 - Placed on Pending)
Factsheet (16K)
28) 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) (Request to remove
from Pending for Public Hearing on 10/01/01.)
(REMOVED FROM PENDING FOR PUBLIC HEARING ON 10/01/01,
6-0) Factsheet (987K)
29) 01-22 Vacating Pine Lake Rd. from the west line of
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) (9/17/01 - Remove from Pending for
Public Hearing on 10/01/01) (REMOVED FROM PENDING FOR
PUBLIC HEARING ON 10/01/01 6-0) Factsheet (987K)
30) 00-65 Change of Zone 3196 - App. of the Interim
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)
31) 00-67 Change of Zone 3247 - App. of the Interim
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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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. (8/13/01 - Placed on Pending
for 30 days) (9/17/01 - Remove from Pending for
Public Hearing on 10/01/01) Fact Sheet (2.2M),
Photo's (2.5M), Photos (2M)
38) Exhibit Application of Barry Good Inc dba "Barry's Bar &
346K Grill" for a special designated license covering an
area measuring 142' by 134' in the parking lot at
301 N. 9th Street, on October 20, 2001 from 7:00
a.m. to 1:00 a.m. (9/17/01 - Delayed to
10/01/01)
39) same as Application of Barry Good Inc dba "Barry's Bar &
Item #38 Grill" for a special designated license covering an
area measuring 142' by 134' in the parking lot at
301 N. 9th Street, on October 27, 2001 from 7:00
a.m. to 1:00 a.m. (9/17/01 -Delayed to
10/01/01)
40) same as Application of Barry Good Inc dba "Barry's Bar &
Item #38 Grill" for a special designated license covering an
area measuring 142' by 134' in the parking lot at
301 N. 9th Street, on November 10, 2001 from 7:00
a.m. to 1:00 a.m. (9/17/01 - Delayed to 10/01/01)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON OCTOBER 1, 2001: (APPROVED, 6-0)
41) 01R-251 Assessing premise clearance costs associated with
the clearing of public nuisances to the following
benefitted properties: 1111 Peach; 621 N. 70th; 621
N. 70th; 1111 Peach; 1001 S. 30th; 1827 Garfield;
1529 S. 24th; 2605 Everett; 820 C; and 3761 M.
Fact Sheet (62K)
42) 01R-252 Approving the 2001-2002 City tax rate of .31452 per
$100 of assessed valuation and setting a special
public hearing. Fact Sheet (38K)
43) 01R-253 Declaring the official intent of the City to
not reimburse the cost of constructing storm sewer
available improvements from the General Obligation Storm Sewer
on line Bonds of the City.
44) 01R-254 Appointing Tom Danek to the Air Pollution Control
Advisory Board to fill an unexpired term expiring
September 1, 2003. Fact Sheet (23K)
45) 01R-255 Reappointing Larry Scherer to the Community Forestry
Advisory Board for a three-year term expiring August
17, 2004.
46) 01R-256 Appointing Glenda Peterson to the Community Forestry
Advisory Board for a three-year term expiring August
17, 2004. Fact Sheet (74K)
47) 01R-257 Appointing Dennis Scheer to the Community Forestry
Advisory Board for a three-year term expiring August
17, 2004.
48) 01R-258 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, 2001.
49) 01R-259 Reappointing Joel Gajardo, Charlene Flood Johnson,
and Sara Lord to the Multicultural Advisory
Committee for three-year terms expiring September
18, 2004.
50) 01R-260 Approving a waiver of design standards for drive
access and required pump island stacking at 3301 O
Street. Fact Sheet (5K), Attachment (29K)
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
(9/26//01) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(10/1/01).
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 6:38 P.M.
History