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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 29, 2001, AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING - LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING ORDINANCES - 3RD READING
1) 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 public hearing &
action 10/15/01)(10/15/01 - Delayed 2 weeks to
10/29/01) (PLACED ON PENDING INDEFINITELY, 7-0)
Fact Sheet (16K)
PUBLIC HEARING ORDINANCES - 2ND READING -
(ITEMS 2 - 11 HAD PUBLIC HEARING)
2) 01-149 Creating Paving District 2622 in North 67th Street
from Y to X Streets and assessing a portion of the
cost thereof against the benefitted property.
Fact Sheet (26K), Attachment (117K)
3) 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.
Fact Sheet (26K), Attachment (93K)
4) 01-151 Creating Water District 1183 in N.W. 27th Street
from approximately West O Street north to the
Interstate bridge and assessing a portion of the
cost thereof against the benefitted property.
Fact Sheet (27K), Attachment (74K)
5) 01-152 Creating Re-paving District 152 in Saunders Avenue
from Springfield Drive to 12th Street for an
increase in width to 33' and assessing a portion of
the cost thereof against the benefitted property.
Fact Sheet (25K), Attachment (62K)
6) 01-164 Amending the corporate limits of the City by
annexing approximately 245.09 acres of property
generally located at 84th Street and Highway
2. (In connection w/01-155, 01-156, 01-157, 01-158,
01R- 277, 01R-278, 01R-279) Fact Sheet (1.2M)
7) 01-155 Declaring the water tower property consisting of
2.69 acres at 84th Street and Highway 2 as surplus
property. (In connection w/01-164, 01-156, 01-157,
01-158, 01R-277, 01R-278, 01R-279) Fact Sheet (700K)
8) 01-156 Vacating South 91st Street between Pine Lake Road
and Highway 2. (In connection w/01-164, 01-155,
01-157, 01-158, 01R-277, 01R-278, 01R-279)
Fact Sheet (555K)
9) 01-157 Change of Zone 3320 - Application of Andermatt
L.L.C. and Eiger Corporation for a change of zone
from AG Agricultural to R-3 Residential on property
generally located east of relocated 91st Street and
Pine Lake Road. (In connection w/01-164, 01-155,
01-156, 01-158, 01R-277, 01R-278, 01R-279)
Fact Sheet (663K)
10) 01-158 Change of Zone 3285 - Application of Andermatt
L.L.C. and Eiger Corporation for a change of zone
from AG Agricultural to B-5 Planned Regional
Business on property generally located between 84th
Street and relocated 91st Street, north of Highway
2. (In connection w/01-164, 01-155, 01-156, 01-157,
01R-277, 01R-278, 01R-279) Fact Sheet (823K)
11) 01-159 Amending Ordinance No. 17728, passed September 25,
2000, to amend the amount of City contribution to
the construction of a public water main in 98th
Street within the Garner Industries PUD.
PUBLIC HEARING - RESOLUTIONS
12) 01R-286 Appointing Blanca Ramirez-Salazar to the Community
Development Task Force for a three-year term
expiring August 31, 2004. (ADOPTED, 7-0; A-81176)
Fact Sheet (43K)
13) 01R-276 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth therein for the period of October 1 - 15, 2001.
(ADOPTED, 7-0; A-81177)
Fact Sheet (5K), Attachment (38K)
14) 01R-277 Approving an Annexation Agreement between the City
and Andermatt L.L.C., Eiger Corp, Westcor L.L.C.,
Realty Trust Group, and David S. Olson outlining
certain conditions and understandings with regards
to the annexation of approximately 245 acres of
property generally located at 84th Street and
Highway 2.(In connection w/01R-278, 01R-279, 01-164,
01-155, 01-156, 01-157, 01-158) (MOTION TO DELAY
ONE WEEK TO 11/5/01, 7-0) Attachment (2K)
15) 01R-278 Accepting and approving the preliminary plat of
Appian Way for 28 commercial lots and 8 outlots with
waivers for sidewalks, the restriction on
transferring from one sewage basin to another, and
the requirement that lots front upon and take access
to a private roadway, on property generally located
at 84th Street and Highway 2.(In connection
w/01R-277, 01R-279, 01-164, 01-155, 01-156, 01-157,
01-158) (MOTION TO DELAY ONE WEEK TO 11/5/01, 7-0)
Fact Sheet (1.6M), Attachment (1.1M)
16) 01R-279 Use Permit 140 - Application of Andermatt L.L.C. and
Eiger Corporation to develop 940,000 sq. ft. of
commercial space on property generally located at
84th Street and Nebraska Highway 2.(In connection
w/01R-277, 01R-278, 01-164, 01-155, 01-156, 01-157,
01-158) (MOTION TO DELAY ONE WEEK TO 11/5/01, 7-0)
Fact Sheet (1.3M), Attachment (1.1M)
17) 01R-280 Special Permit 1934 - Application of the Fraternal
Order of Eagles Star City Aerie #4111 for authority
to sell alcoholic beverages for consumption on the
premises on property generally located at 2112
Cornhusker Highway. (In connection w/01R-281)
(ADOPTED, 7-0; A-81178)
Fact Sheet (629K)
18) 01R-281 Approving a waiver of design standards for the
parking lot surfacing requirement on property
generally located at 2112 Cornhusker Highway. (In
connection w/01R-280) (ADOPTED, 7-0; A-81179)
Fact Sheet (625K)
19) 01R-282 Encouraging the Governor and state legislators, the
U.S. President and legislators in Congress to enact
and adopt legislation imposing a moratorium on
executions until policies and procedures can be
implemented to ensure that death penalty cases are
administered fairly and impartially and to prevent
the execution of persons under the age of 18 at the
time of their offense. (ADOPTED, 4-3; CAMP, FRIENDT &
SVOBODA DISSENTING; A-81180)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
20) MISCELLANEOUS REFERRALS
Affidavits of Mailing for Board of Equalization
Special Assessment Group II to be held on Monday,
November 19, 2001 at 10:00 a.m. (PLACED ON FILE)
Report from City Treasurer of Franchise tax for the
month of September, 2001: Utilicorp United. (PLACED
ON FILE)
Report from City Treasurer of Telecomm. Occ. Tax for
the month of August, 2001: Vartec; for the month of
September, 2001: Opex Communications, Inc.; OneStart
Long Distance, Inc.; Netifice Communications; Matrix
Telecom; Telco Development Group De Inc.; Comdata
Telecommunications Services, Inc.; Glyphics
Communications Inc.; GTC Telecom, Inc.; Nosva
Limited Partnership; RSL Com USA, Inc.; NOS
Communication Inc.; XO Long Distance Services, Inc.;
Excel Telecommunications, Inc.; Tri-M
Communications, Inc.; Lightyear Communications,
Inc.; Association Administrators, Inc.; Western
Union Communications, Inc.; Single Billing Services,
Inc., dba Asian American Association; Affinity
Networks, Inc.; NPCR, Inc., dba Nextel; Working
Assets Funding Service, Inc.; Trans National
Communications International, Inc.; Touch America
Services, Inc.; Teligent Services, Inc.; Primus
Telecommunications, Inc.; Qwest Communications,
Corp.; LCI International Telecom Corp.; and Atlas
Communications. Ltd. (PLACED ON FILE)
The following are referred to the Planning Dept.:
Change of Zone 3344 - An ordinance amending Title 27
of the LMC relating to Lincoln Design Standards;
Airport Environs Noise Dist. and Map and repealing
other sections.
Change of Zone No. 3345 - App. of Whitehead Oil Co.
from H-1 to H-4, on location of N. 56th & Alvo Rd.
Change of Zone No. 3346 - App. of Chameleon &
Company, Inc. from I-1 Industrial to H-3
Highway Commercial on location of North 1st
Street and Charleston Street.
Special Permit No. 1944 - App. of Best Buy Auto to
be able to park my business cars up front to be
exposed to customers.
Special Permit No. 1942 - App. of Mark A. Whitehead
for a convenience store with gas and Class D
Liquor License at 2700 Porter Ridge Road.
Special Permit No. 1943 - App. of Lincoln Plating
Company for a parking lot pursuant to 27.63.170
LMC in the R-2 Zoning District abutting I-1
Zoning District, located at Folsom & E Streets.
Special Permit No. 1944 - App. of Cricket Nebraska
Property company to construct, operate and maintain
a Wireless PCS Communications Facility.
REPORTS OF CITY OFFICERS
21) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Oct. 15, 2001. (PLACED ON FILE)
22) Investment of Funds for October 15-19, 2001.
(ADOPTED, 7-0; A-81181)
23) Approving distribution of funds representing interest
earnings on short-term investments of IDLE FUNDS for the
month ended September 30, 2001 for $282,060.24.
(ADOPTED, 7-0; A-81182)
24) Report from City Treasurer of Franchise tax for the
month of Sept., 2001 from Utilicorp United.
(PLACED ON FILE)
25) Report from City Treasurer of Telecomm. Occ. Tax for
the month of July, 2001: Opex Comm., OneStar,
Netifice, Matrix; August, 2001: Opex Comm., OneStar,
Netifice, Matrix, Vartec; Sept., 2001: Opex,
OneStar, Netifice, Matrix, Telco, Comdata, Glyphics,
GTC, NOSVA, RSI COM USA, NOS, XO Long Distance,
Excel, TRI-M, Lightyear, Assoc. Adm., Western Union,
Single Billing Services, Affinity, Nextel, Working
Assets, Trans Nat'l, Touch America, Teligent,
Primus, Qwest, LCI Int'l., Atlas. (PLACED ON FILE)
26) Assessment Resolution for Downtown Business Improvement
District for Board of Equalization Monday, November 5,
2001, at 10:00 a.m. (ADOPTED, 7-0; A-81183)
27) Assessment Resolution for Downtown Maintenance
Improvement District for Board of Equalization
Monday, November 5, 2001, at 10:00 a.m.
(ADOPTED, 7-0; A-81184)
28) Assessment Resolution for Core Business Improvement
District Overlay for Board of Equalization Monday,
November 5, 2001, at 10:00 a.m. (ADOPTED, 7-0;
A-81185)
ORDINANCES - 1ST READING (ITEMS 29 - 31 HAD 1st READING)
29) 01-144 Change of Zone 3336 - Application of Rex Anderson for
a change of zone from I-1 Industrial to R-4 Residential
and R-7 Residential on property generally located
at 19th and Dudley Streets. (Was Referred back to
Planning Commission by Council) Factsheet (644K)
30) 01-167 Change of Zone 3342 - Application of John Rallis for
a change of zone from AG Agricultural to AGR
Agricultural Residential on property generally
located at S. 98th Street and Old Cheney Road.
Factsheet (687K)
31) 01-168 Amending Ordinance No. 17887, passed by City Council
on July 30, 2001, to amend the legal description to
include the lot upon which the University Park
Congregation of Jehovah's Witnesses is located
generally located at the northeast corner of North
84th and Holdrege Streets. Factsheet (7K)
ORDINANCES - 3RD READING
32) 01-154 Change of Zone 3341 - Application of Jerry Coniglio
for a change of zone from AG Agricultural to H-3
Highway Commercial on property generally located at
South 14th Street and vacated Dairy Drive.
(PASSED, 7-0; #17923)
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
(10/8/01 - Placed on Pending for 6 weeks)
Factsheet (987K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON NOVEMBER 5, 2001: (APPROVED, 7-0)
41) 01R-283 Appointing Tad McDowell to the StarTran Advisory
Board for a three-year term expiring October 20,
2004.
42) 01R-284 Appointing Rodney Griess to the StarTran Advisory
Board for a three-year term expiring October 20,
2004. Factsheet (37K)
43) 01R-285 Reappointing Michael Floyd and William Lucke to the
StarTran Advisory Board for three-year terms
expiring October 20, 2004.
44) 01R-287 Special Permit 1935 - Application of Lincoln
Investment Group to reduce the yard requirements of
the B-4 Lincoln Center Business District for walls
containing windows for dwellings under the
provisions of § 27.63.410 of the Lincoln
Municipal Code for the development and renovation of
the Lincoln Building at 1001 O Street.
Factsheet (681K)
45) 01R-288 Accepting and approving the preliminary plat of
Carroll M5 Industrial Park with waivers of the
required sidewalks, stormwater detention, and
reduction of the minimum centerline radius for
curves, on property generally located at North 27th
Street and Cleveland Ave.
Factsheet (1.5M)
46) 01R-289 Authorizing the purchase of Lot 7, Block 145,
Original Plat of Lincoln, Lancaster County, Nebraska
generally located at 742 S. 8th Street.
Factsheet (30K), Factsheet (63K)
47) 01R-291 Appointing Ruth Ann Young to the Lincoln Library Board
of Trustees to fill the vacancy created by the
resignation of Maria Diaz, term to expire August 31,
2002.
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
(10/31//01) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(11/5/01).
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 10:45 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