ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 4, 2002, at 1:30 P.M.
NOTE: NO COUNCIL MEETING WEEK OF FEBRUARY 18, 2002
MAYOR'S AWARD OF EXCELLENCE
to Richard Slama and Ron Eriksen, Jr. of the Health Dept.
in the categories of Productivity and Customer Relations.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Exhibit Application of Bricktop Entertainment Inc. dba
458K "Bricktop" for a Class "C" liquor license at 1427
O Street. (ADOPTED FOR APPROVAL, 7-0; A-81330)
2) see item Manager application of Alex C. Roskelley for Bricktop
#1 Entertainment Inc. dba "Bricktop" at 1427 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-81331)
PUBLIC HEARING
ORDINANCES - 2nd READING (ITEMS 3 THROUGH 5 HAD PUBLIC HEARING, SEE ITEM #5)
3) 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)
4) 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)
5) 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)
(PUBLIC HEARING CON'T. W/ACTION on 2/11/02; 7-0.)
PUBLIC HEARING - RESOLUTIONS
6) 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)
(ADOPTED, 7-0; A-81332)
7) 02R-10 Appointing James Hewitt to the Nebraska Capitol
Environs Commission for a three-year term expiring
January 9, 2005. Fact Sheet (25K)
(ADOPTED, 7-0; A-81333)
8) 02R-11 Appointing Kevin Brown to the Multicultural Advisory
Committee to fill an unexpired term expiring September
18, 2002. Fact Sheet (33K) (ADOPTED, 7-0; A-81334)
9) 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 cafe. Fact Sheet (33K), Attachment (303K)
(ADOPTED, 7-0; A-81335)
10) 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.
(ADOPTED, 7-0; A-81336)
11) 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)
(ADOPTED, 4-3; COOK, FRIENDT & MCROY DISSENTING; A-81337)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
12) Setting the Hearing date of February 25, 2002 at 5:30 p.m.
for the App. of Bodega's Alley Inc. dba Bodega's Alley
for a Class "C" liquor license, upgrading from Class "I",
at 1418 "O" Street.
13) Informal Petition to pave the alley running
north and south between Cleveland Avenue and Adams Street
from 54th to 56th, requested by Carol Workman. (Referred to
Public Works)
14) The following have been referred to the Planning Dept.:
Change of Zone 3354 - App. of Lisa J. Good to Amend
the Zoning district map from R-4 + P to R-2 on property
generally located at South 30th & Franklin Streets.
Special Permit No. 1956 - App. of Brian D. Carstens to
develop 9 single family acreage lots on property generally
located at S. 148th & Yankee Hill Rd.
Special Permit No. 622E - App. of Mark Hunzeker to amend
Special Permit #622 to provide for a waiver of maximum
height from 35 feet to 36.5 feet on property located
at W. "S" Street and Lakeside Drive.
Special Permit No. 1833A - App. of Stephen Clymer to amend the
Ashley Heights CUP to add dwelling units on property
generally located at N.W. 48th & W. Huntington Ave.
Special Permit No. 1940 - App. of Brian D. Carstens to
develop 198 single family lots and one outlot on
property generally located at N.W. 56th & Leighton Streets.
Special Permit No. 1953 - App. of Bill Harrison to
permit the sale of alcoholic beverages for consumption
off the premises on property generally located at
3301 "O" Street.
Special Permit No. 1957 - App. of Jerry Joyce to construct
a new domiciliary care facility on property generally
located at 7200 Van Dorn Street.
15) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecomm. Occ. Tax for
the month of Jan.,2001 - Dec., 2001: Airnex
Communications, Inc.; Dec., 2001: Shaffer
Communications, Inc., Guaranteed Phone Service, Sprint
Communication Company Limited Partnership, Global
Crossing Telecommunications, Inc., Global Crossing
North American Networks, Inc., Global Crossing,
Network Billing Systems, L.L.C., Telco Development
Group De Inc., and Sprint Spectrum, L.P. (PLACED
ON FILE)
Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on January 28, 2002. (PLACED
ON FILE)
REPORTS OF CITY OFFICERS
16) Investment of Funds for January 14, 2002 through January 18, 2002.
(ADOPTED, 7-0; A-81339)
17) Approving distribution of funds representing interest
earnings on short-term investments of IDLE FUNDS for
the month ended December 31, 2001 for $205,267.24.
(ADOPTED, 7-0; A-81340)
18) Report from City Treasurer of Telecommunications Occ. Tax for the
month of December, 2001: Excel Telecommunications, Inc.; Alltel
Systems of the Midwest, Inc.; Alltel Communications of Nebraska,
Inc.; Alltel Nebraska, Inc.; Western Union Communications, Inc.;
ATS Mobile Telephone Co., Inc.; ATT Wireless PCS, LLC, and ATT
Wireless Services. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 19 THROUGH 25 HAD 1ST READING, SEE ITEM #21)
19) 02-14 Vacating West Greenfield Street from N.W. 10th
Street, north 75 feet, generally located north of
N.W. 10th Street, east of N.W. 12th Street.
Fact Sheet (784K)
20) 02-15 Change of Zone 3354 - Application of Antelope
Park Neighborhood Association for a change of
zone from R-4 Residential and P Public Use to R-2
Residential on property generally located at
South 30th Street and Cable Avenue.
Fact Sheet (943K)
21) 02-16 Change of Zone 3352 - Amending Chapter 27.70 of
the Lincoln Municipal Code to add a new Section
27.70.060 to allow the storage of vehicles for
sale in the front yard in the H-2, H-3, and I-2
zoning districts. Fact Sheet (223K)
(REFERRED BACK TO PLANNING COMMISSION, 7-0.)
22) 02-17 Change of Zone 3254 - Amending Title 27, Zoning
Ordinance, of the Lincoln Municipal Code to
clarify definitions to include revised elevations
and vertical datum and to adopt a revised Airport
Zoning Map. Fact Sheet (686K)
23) 02-18 Change of Zone 3349 - Application of the Planning
Director for a change of zone from P Public Use
to R-4 Residential on property generally located
at 3023 Arlington Avenue, east of the
intersection of Arlington Avenue and Jefferson
Avenue. Fact Sheet (858K)
24) 02-19 Approving a multi-year agreement between the City
and Nebraska Game & Parks Commission to assist
with funding the Holmes Lake renovation project.
Fact Sheet (172K), Attachment (47K)
25) 02-20 Authorizing and providing for the issuance, sale,
and delivery of an amount not to exceed
$12,000,000.00 for the Antelope Valley Project
Bonds, Series 2002, for the purpose of paying a
portion of the costs of design and development of
the Antelope Valley project as authorized by LB
657. (Request to have 2nd & 3rd readings 2/11/02)
ORDINANCES - 3RD READING - NONE
PENDING LIST (EXTENDED ONE WEEK, SEE ITEM #40 & #41)
26) 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)
27) 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)
28) 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)
29) 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),
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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) (MOVE TO REMOVE FROM PENDING
FOR PUBLIC HEARING AND ACTION ON 2/11/02, 7-0)
41) 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) (MOVE TO REMOVE
FROM PENDING FOR PUBLIC HEARING AND ACTION ON 2/11/02, 7-0)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTION WILL HAVE PUBLIC
HEARING ON FEBRUARY 11, 2002:
NONE
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
(2/6/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(2/11/02).
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 3:05 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.
****
|