ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 7, 2002, at 1:30 P.M.
NOTE: NO COUNCIL MEETING WEEK OF JANUARY 21, 2002
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Marblz Corp. dba "Road House Bar &
Grill" to delete the banquet hall, Suite 200,
from the licensed premises at 1501 Centerpark
Road. (ADOPTED FOR APPROVAL, 7-0; A-81288)
2) Exhibit Application of 48 Bowl Inc. dba "Parkway Lanes & Pub"
for a Class "C" and "K" liquor license at 2555 S. 48th
Street. (ADOPTED FOR APPROVAL, 6-1; A-81289)
3) see item Manager application of William L. Hoppe for 48 Bowl
#2 Inc. dba "Parkway Lanes & Pub" at 2555 S. 48th Street.
(ADOPTED FOR APPROVAL, 6-1; A-81290)
4) Exhibit Application of 48 Bowl Inc. dba "Hollywood Bowl" for a
Class "C" liquor license at 920 N. 48th Street.
(ADOPTED FOR APPROVAL, 6-1; A-81291)
5) see item Manager application of William L. Hoppe for 48 Bowl
#4 Inc. dba "Hollywood Bowl" at 920 N. 48th Street.
(ADOPTED FOR APPROVAL, 6-1; A-81292)
6) Exhibit Application of Hannah W. Hoch dba "Silver Spur
Roadhouse" for a Class "C" liquor license at 5100 N.
48th Street. (ADOPTED FOR APPROVAL, 7-0; A-81293)
7) Exhibit Manager application of Anthony L. Olderbak for
Nebraska Retail Ventures dba "Ampride No. 107" at 5501
Superior Street, "Ampride No. 106" at 4401 N. 70th
Street, "Ampride No. 102" at 4002 Adams Street, and
"Ampride No. 105" at 3291 Holdrege Street. (ADOPTED
FOR APPROVAL, 5-2;COOK & WERNER DISSENTING; A-81294)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 8 & 9 HAD 2ND READING: SEE ITEM #9)
8) 01-185 Change of Zone 3330 - Application of Ridge Development
Company and Southview, Inc. for a change of zone AG
Agricultural to R-3 Residential on property generally
located northwest of the intersection of South 27th
Street and Yankee Hill Road. (In connection w/01R-
333 & 01R-334) Fact Sheet (791K)
9) 01-186 Approving a ten-year lease to Cricket Nebraska
Property Company to build a four-provider
telecommunication tower on property of the Lincoln
Water System generally located at 84th and South
Streets. (Request for 2nd & 3rd readings.)
Fact Sheet (7K)
PUBLIC HEARING - RESOLUTIONS
10) 01R-333 Special Permit 1946 - Application of Ridge Development
Company and Southview, Inc. to develop Stone Ridge
Estates Community Unit Plan consisting of 10 single
family attached residential units on property
generally located northwest of the intersection of
South 27th Street and Yankee Hill Road. (In
connection w/01R-334; 01-185) Fact Sheet (981K)
(ACTION DELAYED ONE WEEK TO 1/14/02, 7-0)
11) 01R-334 Accepting and approving the preliminary plat of Stone
Ridge Estates consisting of 352 lots and five outlots
with a waiver of the curb and gutter requirement along
South 27th Street on property generally located
northwest of the intersection of South 27th Street and
Yankee Hill Road. (In connection w/01R-333; 01-185)
Fact Sheet (8K), Attachment (38K), Attachment continue (1.1K)
(ACTION DELAYED ONE WEEK TO 1/14/02, 7-0)
12) 01R-335 Ordering Water District No. 1184 constructed in Park
Avenue from 10th to 11th Streets. Fact Sheet (23K)
(ADOPTED, 7-0; A-81295)
13) 01R-336 Ordering Sanitary Sewer District No. 1175 constructed
in Marlborough and Oaks Hollow Drive, Stevens Ridge
Estates. Fact Sheet (24K) (ADOPTED, 7-0; A-81296)
14) 01R-337 Ordering Water District No. 1185 constructed in
Marlborough and Oaks Hollow Drive, Stevens Ridge
Estates. Fact Sheet (24K) (PLACED ON PENDING INDEFINITELY, 7-0)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
15) Two Formal Petitions to Vacate Public Way a portion of
Ashbrook Drive submitted by John F. & Andrea Schleich
and Parker Ground Partnership. (REFERRED TO LAW
DEPT.)
16) Informal Petition for creation of a re-paving district
for Charleston Street beginning at the end of the
existing concrete pavement west of North 1st
Street to & including the proposed cul-de-sac for Oak
Creek Apartments. (REFERRED TO PUBLIC WORKS DEPT.)
17) Formal Petition to Vacate Public Way the 16' north-
south alley from North line of vacated Hatch Street
running north-west between Lot 18, Block 22, Wrington
Addition & Lot 146 IT in the S ½ of 35-10-6, LLCN
submitted by Midwest Pump & Equipment & Daniel L. &
Rebecca L. Dallman, Trustees. (REFERRED TO LAW
DEPT.)
18) The following are to be referred to Planning Dept.:
Special Permit No. 692L - App. of Southview Inc. to
develop 17 duplex structures, 1 single family
structures and one outlot at North 27th & Enterprise Drive.
Special Permit No. 1629D - App. of South Ridge Village
LLC to develop an H-4 Planned Service Commercial
project containing 215,000 sq. ft. of building area at
27th Street & Pine Lake Road.
Special Permit No. 1948 - App. of Lincoln Memorial
Park Cemetery Assoc. to construct, operate & maintain
a wireless PCS Communications facility at 6800 South
14th Street.
Change of Zone 3348 - App. of Planning Director to
amend Section 27.65.070 of the Lincoln Municipal Code to
change references from community sewage system &
individual sewage disposal system to community
wastewater works & on-site wastewater treatment
system.
Change of Zone 3349 - App. of Planning Director from P
to R-4 at Arlington Avenue & Jefferson Street.
Change of Zone 3297 - App. of Ridge Development Co. to
change from R-4 to R-3 at South 27th Street & Yankee Hill
Road.
Change of Zone 3298 - App. of Ridge Development Co. to
change from R-3, R-4 to B-2 at S. 27th Street &
Yankee Hill Road.
Use Permit No. 134 - App of Ridge Development Co. to
allow 316,450 sq. ft. of office and commercial space
at South 27th Street & Yankee Hill Road.
19) Setting Hearing date of Monday, January 28, 2002 at
5:30 p.m. for App. of RT Omaha Franchise dba "Ruby
Tuesday" for a Class "I" Liquor License at 2700 North
Hill Road. (ADOPTED, 7-0; A-81297)
20) Setting Hearing date of Monday, January 14, 2002 at
1:30 p.m. for Man. App. of Theresa A. Lichtenberg for
Whitehead Inc. dba "U-Stop Convenience Shop" at 8231
East O Street. (ADOPTED, 7-0; A-81298)
21) MISCELLANEOUS REFERRALS
Setting hearing date of Monday, January 14, 2002 at
1:30 p.m. for the Application of Whitehead Oil Company
dba U-Stop Convenience Shop for a Class "D" Liquor
License at 2700 Porter Ridge Road. (ADOPTED, 7-0;
A-81299)
Report from Lincoln Water & WasteWater System for the
recapitulation of daily cash receipts for December
2001. (PLACED ON FILE)
Report from the City Treasurer of cash on hand at the
close of business November 30, 2001. (PLACED ON FILE)
Application of St. Patrick's Church at 61st &
Morrill to conduct a lottery within the City of
Lincoln. (Need motion to set hearing date for Monday,
January 14, 2002 at 1:30 p.m.) (APPROVED, 7-0)
Report from City Treasurer of Telecomm. Occ. Tax for
the month of July & August: AmeriVision; September:
AmeriVision; November: Hertz Tech., USA Paging,
Nebraska Tech. & Telecomm., Sprint Spectrum, Long
Distance of Michigan, Zone Telecom, Association
Administrators, Big Planet, WorldXchange, I-Link,
Sprint Comm., Trans Nat'l. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
22) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on December 10, 2001. (PLACED ON
FILE)
23) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on December 17, 2001. (PLACED ON
FILE)
24) Investment of Funds for December 10, 2001 through
December 14, 2001. (ADOPTED, 7-0; A-81300)
25) Investment of Funds for December 17, 2001 through
December 21, 2001. (ADOPTED, 7-0; A-81301)
26) Investment of Funds for December 24, 2001 through
December 28, 2001. (ADOPTED, 7-0; A-81302)
27) Report from City Treasurer of investment earned from
"IDLE FUNDS" during the month ended November 30, 2001
for $265,541.25. (ADOPTED, 7-0; A-81303)
28) Report from City Treasurer of Telecommunications Occ.
Tax for the month of September, 2001: Trim-M Comm.;
October, 2001: Tri-M Comm.; November, 2001: Incomnet,
XO Long Distance Services, NOS Comm., COMDATA
Telecomm., Light Year Comm., GTC Telecom., Tri-M
Comm., NOSVA, RSL COM USA, ATT Wireless PCS, LLC, ATT
Wireless Service, Affinity Network, Singk Biling
Service dba Asian American Assoc., Alltel Nebraska,
Alltel Comm., Alltel Systems of the Midwest, McLeod
USA, Glyphics Comm., WWC License LLC dba Cellular
One., Touch America, Primus Telecomm., AT&T , TracFone
Wireless, Guaranteed Phone Service, Working Assets
Funding Service, Qwest Comm., Telco Dev. LCI Int'l.,
ACN Comm., ATS Mobile, Excel, Teligent, VARTEC, Nextel
West, Network Billing Systems, Western Union.
(PLACED ON FILE)
29) Report from City Treasurer of Franchise Tax of
Utilicorp United for the month of November, 2001.
(PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 30 THRU 37 HAD 1ST READING)
30) 02-1 Accepting the offer of Eiger Corp. to dedicate the
right-of-way for South 91st Street located between
Pine Lake Road and Nebraska Highway 2.
Fact Sheet (24K)
31) 02-2 Change of Zone 3345 - Application of Whitehead Oil
Company for a change of zone from H-1 Interstate
Commercial to H-3 Highway Commercial on property
generally located on the southeast corner of North
56th Street and Interstate 80. Fact Sheet (674K)
32) 02-3 Change of Zone 3347 - Amending Section 27.69.160 of
the Lincoln Municipal Code to provide for increased
square footage of signage and placement of a sign in a
required yard in connection with a special permit for
a parking lot. (In connection w/02-7, 02R-2)
Fact Sheet (183K)
33) 02-4 Amending Title 26 of the Lincoln Municipal Code to
modify the definitions of "community wastewater
system" and "individual wastewater system" to be
consistent with recent amendments to Title 24 to
implement state regulatory regulations. Fact Sheet (388K)
34) 02-5 Amending the pay schedules of employees whose
classifications are assigned to the pay range prefixed
by the letter "M" by creating the positions of
"Antelope Valley Project Manager," "Assistant Health
Director," and "Resource & Program Development
Coordinator."(Request 2nd & 3rd readings 1/14/01)
35) 02-6 Amending the pay schedules of employees whose
classifications are assigned to the pay range prefixed
by the letter "A" by creating the position of "Parks
Operations Coordinator."
36) 02-7 Change of Zone 3340 - Application of U.S. Bank for a
change of zone from R-1 Residential to B-1 Local
Business on property generally located at South 27th
Street and Woods Boulevard. (In connection w/02-3, 02R-2)
Fact Sheet (825K)
37) 02-8 Change of Zone 3337 - Application of Patrick Mooberry
for a change of zone from AGR Agricultural Residential
to R-1 Residential and R-3 Residential on property
generally located at South 80th Street between Pine
Lake Road and Old Cheney Road. (In connection w/02R-4)
Fact Sheet (169K)
ORDINANCES - 3RD READING
38) 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) (PASSED, 7-0; #17952)
39) 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. Fact Sheet (483K)
(PASSED, 7-0; #17953)
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM #51)
40) 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) Fact Sheet (1.4M)
41) 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) Fact Sheet (949K)
42) 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)
43) 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), Photo's (618K),
Photo's (664K), Drawings (2.2M), Photo's (1.4M),
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 01R-329 Approving the Intent to Create a Business Improvement
not District in the University Place Redevelopment Project
available Area, generally located at N. 48th Street from Colby
on-line Street to the half block north of Adams Street, and
St. Paul Ave. from N. 47th Street to N. 50th
Street. (12/10/01 - Placed on Pending)
51) Exhibit Manager application of Rebecca P. Haskins for Gas
N Shop Inc. dba "Gas N Shop" at the following locations:
4401 N. 27th Street, 5500 Superior Street, 3003 N. 70th Street,
1140 N. 48th Street, 1001 S. 13th Street, 5560 S. 48th Street
Suite 1, 2142 N. Cotner, 3010 Cornhusker Highway, 400
W. Cornhusker Highway, 1545 Cornhusker Highway, 2801 O
Street, 3201 West O Street, 951 West O Street.
(12/17/01 - Placed on Pending) (REMOVED FROM
PENDING FOR ACTION ON 1/14/02, 7-0)
52) 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 delivery
goods. (12/17/01 - Placed on Pending until
1/14/01) Fact Sheet (4K)
53) 01-161 Creating Water District No. 1185 in Marlborough and
Oaks Hollow Drive, Stevens Ridge Estates. (12/10/01
- Reconsider for action only 12/17/01)
(12/17/01 - Placed on Pending indefinitely)
Fact Sheet (26K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON JANUARY 14, 2002: (APPROVED, 7-0)
54) 02R-1 Approving a waiver of design standards for the lot
width-to-depth ratio on two lots in the proposed Cyrilla
Court 3rd Addition administrative final plat, on property
generally located at North 1st and Irving Streets.
Fact Sheet (26K)
55) 02R-2 Special Permit 1237A - Application of U.S. Bank
to construct a 40 square foot ground sign in the
front yard on property generally located at South
27th Street and Woods Blvd. (In connection
w/02-3, 02-7) Fact Sheet (26K)
56) 02R-4 Accepting and approving the preliminary plat of
Parker's Landing for 115 residential lots and two
outlots, and waiver of the Design Standards to
allow sanitary sewer to flow opposite street
grades, on property generally located at South
80th Street between Pine Lake Road and Old Cheney
Road. (In connection w/02-8) Fact Sheet (1.1M)
Attachment (1.1M)
57) 02R-5 Accepting and approving the preliminary plat of
Alderwood for 15 residential lots, and a waiver
of the required on-site stormwater detention, on
property generally located at 83rd Street and
Bancroft Avenue. Fact Sheet (26K)
58) 02R-6 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
December 1 - 31, 2001.
59) 02R-7 Reappointing Steve Masters to the District Energy
Corporation for a two-year term expiring December
31, 2003.
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 (1/9/02
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (1/14/02).
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
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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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