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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 10, 2001, AT 1:30 P.M.
NOTE: NO COUNCIL MEETINGS WEEKS OF DECEMBER 24 AND 31, 2001
DECEMBER 17, 2001 COUNCIL MEETING WILL BE AT 5:30 P.M.
(ALL MEMBERS PRESENT EXCEPT FRIENDT.)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of JV, Inc. dba "Azteca Mexican
569K Restaurant" for a Class "I" liquor license at 500
West Gate Blvd. (ADOPTED FOR APPROVAL, 6-0;
A-81258)
2) see item Manager application of Joy Lynn Vidaurre for JV,
above Inc. dba "Azteca Mexican Restaurant" at 500 West
Gate Blvd. (ADOPTED FOR APPROVAL, 6-0; A-81259)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 3 HAD 2ND READING)
3) 01-182 Amending Chapter 5.36 of the Lincoln Municipal Code
relating to Peddlers by adding a new section to
prohibit use by peddlers of any truck over 21 feet
in length in any residential zoning district, except
for the purpose of delivering goods.
PUBLIC HEARING - RESOLUTIONS
4) Application of Nebraska Agri-Business Association to
conduct a raffle in the City of Lincoln from
December 15 - January 31, 2002. (ADOPTED, 6-0;
A-81260)
5) 01R-311 Authorizing the City, acting as a community
redevelopment authority, to acquire by use of
eminent domain certain property in connection with
the development of a downtown entertainment center
under the authority of the Nebraska Community
Development law, on a portion of the City block
generally located from 11th to 12th and O to P
Street and specifically including Lots 1 through 4
and Lots 9 through 16, Block 41, Original Plat of
the City of Lincoln and all of the County Clerk's
Subdivision of Block 41, Original Plat of the City
of Lincoln, Lancaster County, Nebraska. (ADOPTED,
5-1; SVOBODA DISSENTING; A-81261)
6) 01R-322 Reappointing Michael Coon to the Fire Sprinkler and
Chemical Examining Board for a three-year term
expiring November 24, 2004. (ADOPTED, 6-0;
A-81262)
7) 01R-323 Appointing R. J. Lipert to the Fire Sprinkler and
Chemical Examining Board for a three-year term
expiring November 24, 2004. (ADOPTED, 6-0;
A-81263)
8) 01R-324 Appointing Martin Kasl to the Fire Sprinkler and
Chemical Examining Board for a three-year term
expiring November 24, 2004. (ADOPTED, 6-0;
A-81264) Fact Sheet (51K)
9) 01R-325 Appointing Carlos Servan to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2004. (ADOPTED, 6-0; A-81265) Fact Sheet (88K)
10) 01R-326 Approving an Agreement between the City and Hewlett-
Packard Co. for the Computer Assisted Dispatching
computer in the 911 Center and backup site, and a
related maintenance contract, for a three-year term.
(ADOPTED, 6-0; A-81266)
Fact Sheet (52K), Fact Sheet con't (317K)
11) 01R-332 Appointing Tiffany Booher, Pat Schmidt, Deb Howe,
Diane Spellman, Deila Steiner, Julie Torquati, and
Gerry Dimon to the Child Care Advisory Committee for
two-year terms expiring September 26, 2003.
(ADOPTED, 6-0; A-81267) Fact Sheet (193K)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
12) Setting hearing date of Monday, Jan. 7, 2002 at 1:30
p.m. for App. of Marblz Corp dba "Road House Bar &
Grille" for a deletion to premises consisting of the
banquet hall, Suite 200 at 1501 Centerpark Road,
#300. (ADOPTED, 6-0; A-81268)
13) Setting hearing date of Monday, Jan. 7, 2002 at 1:30
p.m. for App. of Hannah Hoch dba "Silver Spur
Roadhouse" for a Class "C" Liquor License at 5100
North 48th Street. (ADOPTED, 6-0; A-81269)
14) Setting hearing date of Monday, Jan. 7, 2002 at 1:30
p.m. for App. of 48 Bowl Inc. dba "Parkway Lanes &
Pub" for a Class "C" and "K" (catering) Liquor
License at 2555 South 48th Street.
(ADOPTED, 6-0; A-81270)
15) Setting hearing date of Monday, Jan. 7, 2002 at 1:30
p.m. for App. of 48 Bowl Inc. dba "Hollywood Bowl"
for a Class "C" Liquor License at 920 North
48th Street. (ADOPTED, 6-0; A-81271)
16) MISCELLANEOUS REFERRALS
Request of Public Works to City Council to waive its
Rules to allow introduction, public hearing and action on
December 17, 2001, on a resolution approving a
contract involving the expenditures of money from
appropriations of more than one year for a water project
that includes the moving and upgrade of a 4-million
gallon water storage reservoir to a 10-million gallon
water storage reservoir in conjunction with the
develoment that is taking place in the area of
84th Street and Highway 2. (Requires a Motion)
(APPROVED, 6-0)
Request of City Attorney's Office to Council to waive its
Rules to allow introduction, public hearing and action on
December 17, 2001 on a resolution approving an interlocal
agreement between the City and the Airport Authority to
provide police certified employees of the Airport
Authority to issue tickets for violations of Title 10 of
the Lincoln Municipal Code. (Requires a Motion)
(APPROVED, 6-0)
Report of Lincoln Water & WasteWater System recapitulation
of Daily Cash Receipts for November 2001. (PLACED ON FILE)
Petition to Vacate Public Way at North 58th Street, from the
south line of Seward Avenue to south lot line of Havelock Block 116,
Lots 1 thru 6 & N ½ vacated east-west alley adjacent &
Block 117, Lots 10, 11 & 12 & vacated north 57th Street lying between
Block 115, Lot 1 & Block 116, Lot 6 submitted by Millard
Drywall Services, Inc., Lynn L. Knuth, Secretary.
(REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
17) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on November 26, 2001. (PLACED
ON FILE)
18) Investment of Funds for November 19 - November 21,
2001. (ADOPTED, 6-0 ; A-81272)
19) Investment of Funds for November 26 - November 30,
2001. (ADOPTED, 6-0; A-81273)
20) Approving distribution of funds representing
interest on earnings of short-term investments of
Idle Funds for the month ended 10/31/01.
(ADOPTED, 6-0; A-81274)
.21) Report from City Treasurer of Telecommunications
Occ. Tax for the month of September, 2001: ATS
Mobile Telephone Co.; October, 2001: ATS Mobile
Telephone Col, IBM Global, Broadwing Telecomm.,
Intellicall Operator Services, Bell Atlantic, Global
Crossing, Alltel Systems of the Midwest, Alltel
Nebraska, Alltel Comm. of Nebraska, Coast Int'l.,
MCI WorldCom Network, Nebraska Technology &
Telecomm., Spring Comm., Sprint Spectrum, Guaranteed
Phone Service; November, 2001: D &D Comm. (PLACED
ON FILE)
ORDINANCES - 1ST READING (ITEMS 22 THRU 24 HAD 1ST READING)
22) 01-181 Creating Sewer District No. 1176 in S.W.
40th Street and West "O" Street and assessing the
cost thereof against the benefitted property.
(Request to have 2nd & 3rd readings on 12/17/01)
Fact Sheet (346K)
23) 01-183 Change of Zone 3346 - Application of Chameleon
& Company, Inc. for a change of zone from I-1
Industrial to H-3 Highway Commercial on
property generally located at North 1st and
Charleston Streets. Fact Sheet (861K)
24) 01-184 Approving a five-year lease between the City and
Gold's Limited Partnership for the One-Stop Career
Center located at Gold's Galleria.
ORDINANCES - 3RD READING
25) 01-179 Change of Zone 3344 - Amending Sections 27.63.180,
27.63.210, 27.63.215, and 27.63.570 of the City
Zoning Ordinance to update references to the City of
Lincoln Design Standards and the Airport Environs
Noise District. (PASSED, 6-0; #17947)
26) 01-180 Vacating the south half of Pine Lake Road west of
South 14th Street. (PASSED, 6-0; #17948)
PENDING LIST
27) 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)
28) 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 Neighborhood 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 01-150 Creating paving District 2623 in N.W. 27th
Street from approximately Wet O Street north to the
Interstate bridge and assessing the cost thereof
against the benefitted property. (11/19/01 -
Reconsidered & placed on pending)
Fact Sheet (26K), Attachment (93K)
36) 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.
(11/19/01 - Reconsidered and placed on
pending) Fact Sheet (27K), Attachment (74K)
37) 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 Avenue.
(Reconsidered 11/26/01 for action only 12/3/01)
(12/3/01 - Action delayed to 12/17/01) Fact Sheet (1.5M)
38) 01-177 Change of Zone 3328 - Amending Sections 27.65.030,
27.67.065, and 27.70.020 of the City Zoning
Ordinance to authorize the use of dwellings for four
to six non-related persons as part of a community
unit plan which is larger than 10 acres, and to
provide parking requirements (Public Hearing
delayed to 12/17/01) (Request for 2nd &
3rd readings) Fact Sheet (623K)
39) 01-178 Change of Zone 3329 - application of the Dinerstein
Companies for a change of zone from I-1 Industrial
to R-3 Residential on property generally located
south of Charleston Street, west of North
1st Street. (In connection w/01R-316)
(Public Hearing delayed to 12/17/01) ( Request for
2nd & 3rd readings) Fact Sheet (734K), Fact Sheet con't (1.8M)
40) 01R-316 Special Permit 1928 - Application of The Dinerstein
Companies to develop Oak Creek Apartments Community
Unit Plan consisting of 157 dwelling units including
waivers of the stormwater detention, separation
requirements, and screening requirements, on
property generally located south of Charleston
Street, west of North 1st Street. (In
connection w/01-178) (Public Hearing delayed to
12/17/01) Fact Sheet (1.4M)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON DECEMBER 17, 2001: (APPROVED, 6-0)
41) 01R-327 Assessing the costs incurred for cutting weeds
against the various benefitted properties for the
period of January 1 through December 31, 2001.
Fact Sheet (27K)
42) 01R-328 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth therein for the period of November 16 -
30, 2001. Fact Sheet (5K), Attachment (24K)
43) 01R-329 Approving the Intent to Create a Business
Improvement District in the University Place
Redevelopment Project Area, generally located at N.
48th Street from Colby Street to the half block
north of Adams Street, and St. Paul Ave. from N.
47th Street to N. 50th Street.
44) 01R-330 Special Permit No. 1733C - Application of Tedd
Havlicek and Patricia Koontz to amend the Muff
Addition Community Unit Plan to increase the number
of dwelling units from 166 to 168 on property
generally located at S.W. 8th Street and Darren Ave.
Fact Sheet (937K)
45) 01R-331 Approving an agreement between the City and the
Nebraska Dept. of Road for additional funding for
right-of-way acquisition for the East O Street
widening project from 52nd Street to Wedgewood
Drive. Fact Sheet (45K)
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
(12/12/01) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(12/17/01).
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.
ITEM TO BE RECONSIDERED DEC. 17, 2001
01-161 Creating Water District No. 1185 in Marlborough
and Oaks Hollow Drive, Stevens Ridge Estates.
(RECONSIDERED FOR ACTION ONLY, 6-0)
ADJOURNMENT 2:43 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