ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, JANUARY 28, 2002, at 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of RT Omaha Franchise, LLC dba "Ruby
711K Tuesday" for a Class "I" liquor license at 2700
North Hill Road. (ADOPTED FOR APPROVAL, 6-1;
WERNER DISSENTING; A-81320)
2) same as Manager application of Douglas Bryan Daize for RT
Item # 1 Omaha Franchise, LLC dba "Ruby Tuesday" at 2700 North
Hill Road. (ADOPTED FOR APPROVAL, 6-1; WERNER
DISSENTING; A-81321)
3) Exhibit Application of Making Moves Entertainment Inc. dba
432K "Stifflers" for a Class "C" liquor license at 1339 O
Street. (MOVED FOR APPROVAL, LOST, 2-5; CAMP,
WERNER ASSENTING; #38-4386; ADOPTED FOR DENIAL, 6-1;
WERNER DISSENTING; A-81322)
4) same as Manager application of Jeffrey D. McCandless for
Item # 3 Making Moves Entertainment Inc. dba "Stifflers" at
1339 O Street. (ADOPTED FOR DENIAL, 6-1; WERNER
DISSENTING; A-81323)
5) Exhibit Manager application of Barbara J. Felker for Nebraska
201K Entertainment LLC dba "Fox & Hound" at 201 North 8th
Street. (ADOPTED FOR APPROVAL, 7-0; A-81324)
PUBLIC HEARING
ORDINANCES - 2nd READING - NONE
PUBLIC HEARING - RESOLUTIONS - NONE
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
6) Informal Petition to construct a sanitary sewer
district at Old Cheney Street, 62nd Street east
approximately 1800 feet +/- submitted by Gary Kort,
Jerry & Kit Dimon, & Robert & Holly Beck.
(REFERRED TO PUBLIC WORKS DEPT.)
7) Setting Hearing date of Feb. 11, 2002 at 1:30 p.m. for
the App. of Brackhan Dance Directives LLC dba "The
Delray Ballroom" for a Class "I" Liquor License at 817
R Street. (ADOPTED, 7-0; A-81325)
8) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecomm. Occ. Tax for
the month of Jan.,2001 - Dec., 2001: Premiere Comm.;
Oct., 2001: Incomnet Comm.; Oct. - Dec., 2001: OneStar
Long Distance, Netifice Comm., Opex, Matrix; Dec.,
2001: Nextel West, VarTec, Big Planet, Long Distance
of Mich., WorldXchange, Association Adm., I-Link, Zone
Telecomm., Affinity Network, WWC License dba Cellular
One, NPCR dba Nextel, XO Long Distance, NOSVA, Working
Assets Funding, Tracfone Wireless, Tri-M, Gobalcom ,
Glyphics, RSL COM USA, Touch 1 Comm., Lightyear, NOS,
COMDATA, GTC, Singk Billing dba Asian American Assoc.,
Quest, Touch America, Trans National, Atlas, LCI
Int'l. (PLACED ON FILE)
Clerk's Letter :& Mayor's Approval of Ordinances &
Resolutions passed on January 14, 2002. (PLACED ON
FILE)
2001 Annual Report of the Lincoln Commission on Human
Rights. (PLACED ON FILE)
Monthly Report of City Treasurer for Cash on Hand at
the close of business December 31, 2001. (PLACED ON
FILE)
Informal Petition to create a paving district for the
Saunders Street area from Springfield Dr. to 12th Street
submitted by James A. Mastera of Cornhusker Bank.
(REFERRED TO PUBLIC WORKS DEPT.)
Formal Petition to Vacate the north-south alley from
the south line of vacated M Street to the north line
of the east-west alley in Block 83 Original Lincoln
submitted by John Woollam President of Cotswald
Management L.L.C. (REFERRED TO LAW DEPT.)
Setting Hearing date of February 11, 2002 at 1:30 p.m.
for App. of Alfredo Barrera dba Ay Chihuahua for a
Class I Liquor License located at 2050 Cornhusker
Highway. (ADOPTED, 7-0; A-81326)
REPORTS OF CITY OFFICERS
9) Investment of Funds for January 7, 2002 through
January 11, 2002. (ADOPTED, 7-0; A-81327)
10) Report from City Treasurer of Telecommunications Occ.
Tax for the month of Oct., 2001- Dec., 2001: IDT
Corp.; Dec., 2001: Operator Comm., One Call Comm.,
Primus Tele., AT & T., Business Telecom., ACN Comm.;
Jan., 2001 thru Dec., 2001: Talk Com. (PLACED ON FILE)
11) Report of Utilicorp United for Franchise Tax for the
month of December, 2001. (PLACED ON FILE)
12) Request of Public Works to set the hearing date of
Monday, February 25, 2002 at 5:30 p.m. and place on
the formal City Council Agenda the following:
02-9 To provide authority to construct a 6-inch
water main, Marlborough Road from the existing
hydrant south approximately 700 feet more or less,
and assess the cost thereof against the
benefitted properties.
02-10 To provide authority to construct a 6-inch water
main, Oaks Hollow from the existing hydrant south
approximately 700 feet more or less, and assess the
cost thereof against the benefitted properties.
(APPROVED, 7-0)
ORDINANCES - 1ST READING (ITEMS 13 THRU 15 HAD 1ST READING)
13) 02-11 Change of Zone 3348 - Amending Title 27 of the
Lincoln Municipal Code to change references from
"community sewage system" and "individual sewage
disposal system" to "community wastewater works"
and "on-site wastewater treatment system" to be
consistent with recent amendments to Title 24.
Fact Sheet (191K)
14) 02-12 Vacating the east 18 feet of North 8th Street
abutting Lot 6, Block 30, Original Plat of
Lincoln and the south 6 feet of R Street abutting
Lots 5 and 6, Block 30, Original Plat of Lincoln
and the south 6 feet of R Street abutting the
east 18 feet of North 8th Street, Lincoln,
Lancaster County, Nebraska.
Fact Sheet (970K)
15) 02-13 Amending the corporate limits of the City by
annexing approximately 44.58 acres of property
generally located at South 80th Street midway
between Pine Lake Road and Old Cheney Road.
Fact Sheet (630K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
16) 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) (PASSED, 7-0; #17957)
17) 02-2 Change of Zone 3345 - Application of Whitehead Oil
Company for a change 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) (PASSED, 7-0; #17958)
18) 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) (LOST, 0-7; #38-4387)
19) 02-7 Change of Zone 3340 - Application of U.S. Bank for a
change 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) (LOST, 2-5; CAMP, SVOBODA ASSENTING; #38-4388)
20) 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) (LOST, 0-7; #38-4389)
21) 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) (PASSED, 7-0; #17959)
22) 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." (PASSED, 7-0; #17960)
23) 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) (1/14/02 - Delayed
Action for 2 weeks to 1/28/02) (MOVED FOR APPROVAL
LOST, 3-4; CAMP, MCROY, SVOBODA ASSENTING; #38-4390;
ADOPTED FOR DENIAL, 4-3; CAMP, MCROY, SVOBODA
DISSENTING; A-81328)
24) 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. (Claim of Richard Hedrick
held over to 1/28/02) (ADOPTED, 7-0; A-81329)
PENDING LIST (EXTENDED ONE WEEK)
25) 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)
26) 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)
27) 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)
28) 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),
29) 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)
30) 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)
31) 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)
32) 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)
33) 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. (11/19/01 -
Reconsidered & placed on pending)
Fact Sheet (26K), Attachment (93K)
34) 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)
35) 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)
36) 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)
37) 01R-337 Ordering Water District No. 1185 constructed in
Marlborough and Oaks Hollow Drive, Stevens Ridge
Estates. (1/7/02 - Placed on Pending indefinitely)
Fact Sheet (24K)
38) 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
1/14/02) (1/7/02 - Remain on Pending) Fact Sheet (4K)
39) 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) (1/14/02 - Public Hearing
con't. w/action on 2/11/02) Fact Sheet (30K)
40) 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)
(1/14/02 - Public Hearing Cont'd w/action to 2/11/02)
Motion to Amend (8K), Fact Sheet (1.1M), F.S. continued (1.1M)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTION WILL HAVE PUBLIC HEARING
ON FEBRUARY 4, 2002: (APPROVED, 7-0)
41) 02R-8 Approving the use of public right-of-way by
University of Nebraska - Lincoln for the
installation of buried fiber optic cable in 11th
Street and in the alley behind 1155 Q Street to
connect an existing vault 120 feet south of O
Street to the alley between P and Q Streets.
42) 02R-8 Approving the use of public right-of-way by Galaxy for the
installation of buried fiber optic cable in 11th Street and
in the alley behind 1155 Q Street to connect an existing
vault 120 feet south of O Street to the alley between
P and Q Streets. Fact Sheet (30K), Attachment (35K)
43) 02R-10 Appointing James Hewitt to the Nebraska Capitol
Environs Commission for a three-year term expiring
January 9, 2005. Fact Sheet (25K)
44) 02R-11 Appointing Kevin Brown to the Multicultural Advisory
Committee to fill an unexpired term expiring
September 18, 2002. Fact Sheet (33K)
45) 02R-12 Approving the Pine Lake Heights South Agreement for
the Installation of Off-Site Transportation
Improvements between the City and Ridge Development
and Southview Inc. for the design, construction, and
allocation of costs relating to the street
improvements of Use Permit No. 134 and Preliminary
Plat No. 00029 generally located at 27th Street,
South 40th Street, and Yankee Hill Road.
Fact Sheet (48K), Attachment (616K)
46) 02R-13 Authorizing The Cookie Company to occupy a portion of
the public right-of-way at 138 N. 12th Street for use
as a sidewalk café. Fact Sheet (33K), Attachment (303K)
47) 02R-14 Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth therein for the period of January 1 - 15,
2002.
48) 02R-15 Special Permit 1629D - Application of Whitehead Oil
to permit a ground sign at the northeast corner of
South 27th Street and Porter Ridge Road.
Fact Sheet (489K)
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(1/30/02) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING (2/04/02).
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 6:45 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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