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ACTION FOR THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, NOVEMBER 19, 2001, AT 1:30 P.M.
MAYOR'S AWARD OF EXCELLENCE
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit App. of BBQUE Inc. dba Buster's BBQ for a Retail
1.2M Class I Liquor License located at 2435 S. 48th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81207)
2) see item Manager application of Matthew C. Kimmerling for
#1 BBQue, Inc. dba "Buster's BBQ and Brew" at 2435 South
48th Street. (ADOPTED FOR APPROVAL, 7-0; A-81208)
3) Exhibit App. of Eagles Fraternal Order 4111 dba Eagles F.O.
340K Star City Aerie 4111 for a change of location to
premise from 2050 Cornhusker Highway to 2112
Cornhusker Highway. (ADOPTED FOR APPROVAL, 7-0; A-81209)
4) Exhibit App. of Crawdaddy's Cajun Cuisine, Inc. dba
844K Crawdaddy's Cajun Cuisine for a Retail Class I
Liquor License located at 700 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-81210)
5) see item Manager application of George M. Landolt for Craw
#4 Daddy's Cajun Cuisine, Inc. dba "Craw Daddy's" at 700 O St.
(ADOPTED FOR APPROVAL, 7-0; A-81211)
6) Exhibit Application of Roboco, Inc. dba "Wasabi!" for a
688K Class C liquor license at 239 North 14th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81212)
7) see item Manager application of Robert F. Burns for Roboco,
#6 Inc. dba "Wasabi!" at 239 North 14th Street.
(ADOPTED FOR APPROVAL, 7-0; A-81213)
8) Exhibit App. of Friends Inc. dba For Friends for a Class C
595K Liquor License at 2110 Winthrop Road. (ADOPTED
FOR APPROVAL, 7-0; A-81214)
9) see item Manager application of Jacqueline R Thoelke for For
#8 Friends Inc. dba For Friends Restaurant & Lounge at
2110 Winthrop Road. (ADOPTED FOR APPROVAL, 7-0; A-81215)
9a) Exhibit Manager application of Rosemary L. Stickney for
339K Whitehead Oil Company dba U-Stop Convenience Shop at
2925 NW 12th St. (ADOPTED FOR APPROVAL, 7-0; A-81216)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 10 -15 HAD PUBLIC HEARING -
See Items 10, 11, 12 & 14)
10) 01-165 Amending the corporate limits of the City by
annexing approximately 9.12 acres of property
generally located southwest of S.W. 56th and West O
Streets. (In connection w/01-166, 01R-290)
Fact Sheet (759K)
(RULES SUSPENDED TO HAVE 3RD READING & ACTION ON
THIS DATE, 6-1; COOK DISSENTING; PASSED, 7-0; #17932)
11) 01-166 Change of Zone 3314 - Application of D & R
Development, Inc. for a change of zone from AG
Agricultural to H-3 Highway Commercial on property
generally located southwest of S.W. 56th and West O
Streets. (In connection w/01-165, 01R-290)
Fact Sheet (749K)
((RULES SUSPENDED TO HAVE 3RD READING & ACTION ON
THIS DATE, 6-1; COOK DISSENTING; PASSED, 7-0; #17933)
12) 01-169 Change of Zone 3332 - Application of Yankee L.L.C.
for a change of zone from AG Agricultural to AGR
Agricultural Residential on property generally
located south of West Pleasant Hill Road between
S.W. 33rd and S.W. 40th Streets. Fact Sheet (661K)
(RULES SUSPENDED TO HAVE 3RD READING & ACTION ON THIS DATE,
6-1; COOK DISSENTING; PASSED, 7-0; #17934)
13) 01-171 Approving a transfer of appropriations between
certain capital improvement projects within the
Sanitary Sewer Construction Fund, Water Construction
Fund, and Street Construction Fund within the Public
Works & Utilities Department. Fact Sheet (27K)
14) 01-172 Amending Chapter 24.38 of the Lincoln Municipal Code
to regulate on-site wastewater treatment systems and
implement state statutory requirements. (In
connection w/01R-299) (Request from Law Dept. to
delay p.h. & action to 11/26/01) (MOTION TO DELAY
PUBLIC HEARING & ACTION ONE WEEK TO 11/26/01; 7-0)
15) 01-170 Approving revised district boundaries of the City
for the four council districts. (11/19/01 - Also
on 3rd Reading)
PUBLIC HEARING - RESOLUTIONS
16) 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. (Action Delayed for two
weeks to 11/19/01 w/public hearing)
Factsheet (1.5M) (ADOPTED, 7-0; A-81217)
17) 01R-290 Approving an Annexation Agreement between the City
and D & R Developments, Inc. outlining certain
conditions and understandings with regards to the
annexation of approximately 9.12 acres of property
generally located southwest of S.W. 56th and West O
Streets. (In connection w/01-165, 01-166)
Attachments (418K) (ADOPTED, 7-0; A-81218)
18) 01R-292 Accepting and approving the preliminary plat of
Rolling Meadows 1st Addition for 23 dwelling lots
with waivers of block length, sidewalks, street
trees, street lights, landscape screening, and
double frontage lots, on property generally located
south of West Pleasant Hill Road between S.W. 33rd
and S.W. 40th Streets. Fact Sheet & Attachments (997K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-81219)
19) 01R-293 Accepting and approving the preliminary plat of I-80
Business Park 1st Addition for 14 commercial lots
with waivers for reduced roadway width, sidewalks,
and sanitary sewer requirements on property
generally located at N.W. 27th and West O Street.
Fact Sheet & Attachments (1.2M) (ADOPTED, 7-0; A-81220)
20) 01R-294 Special Permit 1435C - Application of Harland Taylor
Homeowners Association and the Y.M.C.A. to amend the
Harland Taylor Community Unit Plan for a parking lot
north of the Northeast Y.M.C.A on property generally
located at 69th Street and Huntington Avenue.
Fact Sheet & Attachments (20K) (ADOPTED, 7-0; A-81221)
21) 01R-295 Appointing Saeed Ahmad to the Cable Advisory Board
to fill an unexpired term expiring July 1, 2002.
Attachment (117K) (ADOPTED, 7-0; A-81222)
22) 01R-296 Approving an Interagency Memorandum of Understanding
between the Department of Public Works & Utilities
and the Lincoln Electric System for the provision of
treated wastewater effluent for cooling and other
associated plant water requirements of the Salt
Valley Generating Station. Fact Sheet (26K),
Attachment (17K) (ADOPTED, 7-0; A-81223)
23) 01R-297 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth therein for the period of October 15 - 31,
2001. Fact Sheet (26K), Attachment (117K)
(ADOPTED, 7-0; A-81224)
24) 01R-298 Adopting the Lincoln Electric System Annual Budget
for 2002. Fact Sheet (28K) (ADOPTED, 7-0; A-81225)
25) 01R-299 Amending the Lincoln Municipal Code to include
Design Standards for the Design, Operation and
Maintenance of On-Site Wastewater Treatment Systems.
(In connection w/01R-172) (Request from Law Dept.
to delay p.h. & action to 11/26/01)
(ACTION DELAYED ONE WEEK TO 11/26/01)
26) Assessing special taxes for the costs of the
improvements in the Downtown Business Improvement
District, the Core Business Improvement District
Overlay, and the Downtown Maintenance District.
(ADOPTED, 7-0; A-81226)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
27) Setting the hearing date of Mon. December 3, 2001 at 1:30
p.m. for the Mgr. App. of Rodney R. Hollman for Lancaster
County Agricultural Society Inc. dba Lancaster Event Center
located at 4100 North 84th St. (ADOPTED, 7-0;
A-81227)
28) Setting the hearing date of Mon. December 10, 2001 at
1:30 p.m. for the App. of JV, Inc. dba Azteca Mexican
Restaurant located at 500 West Gate Blvd. (ADOPTED, 7-0;
A-81228)
29) The following are to be referred to Planning Dept.:
Use Permit No. 133 - App. of R. C. Krueger for a Use
Permit to develop property located at West Van Dorn
and South Coddington Avenue.
Special Permit No. 1582A - App. of Norman and Lois Cole
to amend Special Permit 1582 to allow a reduction of
the fall zone at 69th & Seward Streets.
Special Permit No. 1733C - App. of Patricia L. Koontz to
amend CUP by adding two units at SW 8th & West B Streets.
Special Permit No. 1946 - App. of Ridge Development Co.
to develop duplex lots at S. 27th & Yankee Hill Rd.
Special Permit No. 1947 - App. of Cricket Nebraska
Property Company to construct, operate and maintain a
Wireless PCS Communications Facility at 3300 "O" St.
Special Permit No. 1949 - App. of Donna Roller for an
early childcare facility dba Arborview Montessori, Inc.
at 33rd & Pioneers Blvd.
Special Permit No. 1950 - App. of Qwest Wireless, L.L.C.
to construct a broadcast tower for the purpose of
wireless telecommunications at 6801 S. 27th St.
Change of Zone No. 3195 - App. of Rick Krueger to change the
zoning district map from R-3 to B-1 at Coddington &
West Van Dorn.
Change of Zone No. 3253 - App. of Stockwell Properties,
L.L.C to change the zoning district map from B-1 and R-3
to B-2.
Change of Zone No. 3330 - App. of Ridge Development Co. &
J.T.S. Enterprises L.L.C. to change the zoning district
map from AG to R-3 at S. 27th & Yankee Hill Rd.
Change of Zone No. 3337 - App. of Home Real Estate to
change zoning district map from AGR to P, R-1, R-3
at South 80th & Cheney Ridge.
30) The following were referred to Law Dept.:
Formal Re-Paving Petition of Paving District 152, submitted
by Cornhusker Bank.
Petition to Vacate Public Way of the west 60.15 feet of
Wagon Lane from the south line of Outlet B to the North
line of Outlot C in Frontier Acres, submitted by Nebraska
Title Company.
31) Report of UNL Microbiologist for the water tested for the
month of October. (PLACED ON FILE)
32) MISCELLANEOUS REFERRALS
Petition to Vacate the north six feet (6') of West
"E" Street, bounded by Folsom Street to the west and
Southwest 6th Street to the east, submitted by
Lincoln Plating Company. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
33) Clerks's Letter & Mayor's Approval of Ordinances &
Resolutions passed on October 29, 2001. (PLACED ON FILE)
34) Investment of Funds for October 29 - November 2, 2001.
(ADOPTED, 7-0; A-81229)
35) Report from City Treasurer of Telecommunications
Occ. Tax for the month of July, August & September:
Touch 1 Communications, Inc.; PNG
Telecommunications, Inc.; for the month of Sept.,
2001: Global Crossing Telecommunications, Inc.;
Alltel Communications of Nebraska, Inc.; Alltel
Nebraska, Inc.; Alltel Systems of the Midwest, Inc.;
Nebraska TEchnology & Telecommunications, Inc.;
Coast International, Inc.; GE Business Productivity
Sol., FKA: GE Capital Communications, Inc.; IBM
Global Services-NS Div.; American Farm Bureau, Inc.;
Access Line Communications Corp.; Broadwing
Telecommunications; Verizon Select Services, Inc.;
Intellicall Operator Services; Bell Atlantic
Communications; for the month of October: D & D
Communications, Inc. (PLACED ON FILE)
36) Report of City Treasurer for Franchise Fees for the
month of September from Time Warner Cable. (PLACED ON FILE)
37) Report of Lincoln Water & WasteWater System recapitulation
of Daily Cash receipts for October, 2001. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 38-44 HAD 1ST READING - NOTE ITEM 41)
38) 01-160 Creating Water District No. _____ in Park Avenue
from 10th to 11th Streets. Fact Sheet (25K)
39) 01-161 Creating Water District No. _____ in Marlborough and
Oaks Hollow Drive, Stevens Ridge Estates.
Fact Sheet (26K)
40) 01-162 Creating Sewer District No. _____ Marlborough and
Oaks Hollow Drive, Stevens Ridge Estates.
Fact Sheet (26K)
41) 01-163 Creating Sewer District No. _____ in N.W. 40th and
West O Street. (WITHDRAWN & RE-ADVERTISE FOR 12/17/01
PUBLIC HEARING, 7-0)
42) 01-174 Vacating the north half of the north-south alley in
Block 117, Havelock Addition, generally located
between Touzalin Avenue and North 58th Street at
Seward Avenue. Fact Sheet (692K)
43) 01-175 Vacating the east half of the east-west alley in
Block 30, Original Plat of Lincoln, generally
located between North 8th and North 9th Streets,
north of Q Street. Fact Sheet (820K)
44) 01-176 Change of Zone 3343 - Application of Holdrege
Investors, L.L.C. and University Park Congregation
of Jehovah's Witnesses, Inc. for a change of zone
from B-2 Planned Neighborhood Business to R-4
Residential on property generally located at the
northeast corner of North 84th and Holdrege Streets.
Fact Sheet (707K)
ORDINANCES - 3RD READING
45) 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)
(PASSED, 7-0; #17935)
46) 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)
(PASSED, 7-0; #17936)
47) 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)
(PASSED, 7-0; #17937)
48) 01-170 Approving revised district boundaries of the City
for the four council districts. (11/19/01 - Also
on 2nd Reading) (OPTION A PASSED, 4-3; CAMP,
FRIENDT, & SVOBODA DISSENTING; #17938)
PENDING LIST (EXTENDED ONE WEEK - SEE ITEM #56)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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)
56) 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)
(REMOVE FROM PENDING FOR ACTION ON 11/26/01, 7-0)
57) 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)(10/29/01- Placed on pending
indefinitely) Fact Sheet (16K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON NOVEMBER 26, 2001: (APPROVED, 7-0)
58) 01R-300 Approving an Interlocal Agreement between the City,
the County, and the Railroad Transportation Safety
District for the removal of railroad track along the
4th Street corridor. Fact Sheet (25K)
59) 01R-301 Appointing Joseph Skopp to the Air Pollution Control
Advisory Board for a three-year term expiring
November 1, 2004. Appointment (32K)
60) 01R-302 Reappointing Tom Petsch and Rick Albro to the Air
Pollution Control Advisory Board for three-year
terms expiring November 1, 2004.
61) 01R-303 Appointing Muammel Jhafir to the Lincoln Commission
on Human Rights for a three-year term expiring
December 31, 2004. Appointment (35K)
62) 01R-304 Reappointing Meredith DeCory and Linda Willard to
the Lincoln Commission on Human Rights for three-
year terms expiring December 31, 2004.
63) 01R-305 Reappointing Pamela Carmichael and Romeo Guerra to
the Citizen Police Advisory Board for three-year
terms expiring November 17, 2004.
64) 01R-306 Reappointing Terry Culwell to the Building Code
Board of Appeals for a three-year term expiring
October 1, 2004.
65) 01R-307 Appointing Michael Stranathan to the Building Code
Board of Appeals for a three-year term expiring
October 1, 2004.
66) 01R-308 Special Permit 1839A - Application of Holdrege
Investors, L.L.C. and University Park Congregation
of Jehovah's Witnesses, Inc. to amend the Morning
Glory Estates Community Unit Plan to add 11 lots and
dwelling units and to correct the legal description
on property generally located at the northeast
corner of North 84th and Holdrege Streets.
Fact Sheet (883K)
67) 01R-309 Special Permit 1013-I - Application of Steve Miers
for authority to construct an 80' flag pole in the
required front yard setback on property generally
located at South 56th Street and Waltz Road.
Fact Sheet (793K)
68) 01R-310 Approving the acquisition of property generally
located at 1145 F Street for the development of an
off-street parking lot for the F Street Community
Center. Fact Sheet (64K)
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
(11/21/01) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(11/26/01).
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.
ITEMS RECONSIDERED
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. (RECONSIDERED AND
PLACED ON PENDING, 4-3; CAMP, FRIENDT & SVOBODA
DISSENTING)
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.
(RECONSIDERED AND PLACED ON PENDING, 4-3; CAMP,
FRIENDT & SVOBODA DISSENTING)
ADJOURNMENT 5:30 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.
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History