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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, FEBRUARY 25, 2002, at 5:30 P.M. PUBLIC HEARING LIQUOR RESOLUTIONS 1) Exhibit Application of Bodega's Alley, Inc. dba "Bodega's 407K Alley" for a Class "C" liquor license at 1418 O Street. (ADOPTED FOR APPROVAL, 6-1, SENG DISSENTING; A-81345) 2) see item Manager application of Shawn Daniel Darnall for Bodega's #1 Alley, Inc. dba "Bodega's Alley" at 1418 O Street. (ADOPTED FOR APPROVAL, 6-1, SENG DISSENTING; A-81346) PUBLIC HEARING ORDINANCES - 2nd READING (ITEMS 3 THROUGH 5 HAD PUBLIC HEARING) 3) 02-9 Creating Water District No. 1186 in Marlborough Road within Stevens Ridge Estates. Fact Sheet (25K) 4) 02-10 Creating Water District No. 1187 in Oaks Hollow within Stevens Ridge Estates. Fact Sheet (25K) 5) 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) (2/11/02 - Removed from pending to have P.H. on 2/25/02). Fact Sheet (26K) PUBLIC HEARING ORDINANCES - 3RD READING & RESOLUTION W/ACTION 6) 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.(02/04/02 - To have P. H. & Action on 2/11/02) (2/11/02 - P.H. con't. to 2/25/02) Fact Sheet (630K) (PASSED, 7-0; #17963) 7) 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 - P. H. con't. w/action on 2/11/02) (2/04/02 - To have P. H. & Action on 2/11/02) (2/11/02 - P.H. con't. to 2/25/02 w/action) Fact Sheet (169K) (PASSED, 7-0; #17964) 8) 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 - P. H. Cont'd w/action to 2/11/02) (2/4/02 - P. H. & Action cont'd. to 2/11/02.) (MOTION TO AMEND #1, ADOPTED 6-1, SVOBODA DISSENTING; MOTION TO AMEND #2, ADOPTED 7-0; ADOPTED AS AMENDED, 7-0; A-81347) 9) 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. (2/11/02 - P.H. con't to 2/25/02 w/action) Fact Sheet (943K) (MOTION TO DELAY, LOST, 3-4; CAMP, FRIENDT, SVOBODA ASSENTING; PASSED, 4-3, CAMP, FRIENDT, SVOBODA DISSENTING; #17965) 10) 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. (2/11/02 - P.H. con't to 2/25/02 w/action) Fact Sheet (858K) (LOST, 3-4; CAMP, FRIENDT, SVOBODA ASSENTING; #38-4391) PUBLIC HEARING - RESOLUTIONS 11) Application of Arthritis Foundation at 7101 Newport Ave., Omaha, NE, to conduct a raffle within the City of Lincoln from February 28, 2002 through April 4, 2002. Attachments (71K) (ADOPTED, 7-0; A-81348) 12) 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. (12/10/01 - Placed on Pending) (2/11/02 - Removed from pending to have P.H. 2/25/02) 13) 02R-3 Ordering the paving of Paving Unit No. 135 in Orchard Street from 40th Street to 41st Street. (MOTION TO AMEND, 7-0; ADOPTED AS AMENDED, 5-2, CAMP AND FRIENDT DISSENTING; A-81350) 14) 02R-16 Ordering Sewer District No. 1176 constructed in S.W. 40th Street and West O Street. Fact Sheet (196K) (ADOPTED, 7-0; A-81351) 15) 02R-17 Appointing Rod Armstrong to the Government Access and Information Committee for a two-year term expiring January 1, 2004. Fact Sheet (42K) (ADOPTED, 7-0; A-81352) 16) 02R-18 Appointing James O'Hanlon to the Government Access and Information Committee for a two-year term expiring January 1, 2004. Fact Sheet (38K) (ADOPTED, 7-0; A-81353) 17) 02R-19 Accepting the report of new and pending claims against the City and approving disposition of claims set forth therein for the period of January 16 - 31, 2002. Fact Sheet (5K), Attachment (30K) (MOTION TO AMEND, 7-0; ADOPTED AS AMENDED, 7-0; A-81354) 18) 02R-20 Directing submittal to the qualified electors of the city a proposed Charter amendment to Article IV, Section 7, to allow the council, by ordinance, to change the compensation of council members and to provide that no increase in compensation shall become effective during the council term in which voted. Fact Sheet (4K) (PLACED ON PENDING INDEFINITELY, 7-0.) - END OF PUBLIC HEARING - PETITIONS & COMMUNICATIONS 19) Setting the hearing date of Monday, March 11, 2002 at 1:30 p.m. for Kong Liquor Inc. dba Cornhusker Bottle Shop for a Class D Liquor license located at 2310 N. 1st Street, Suite 3. (ADOPTED, 7-0; A-81355) 20) Setting the hearing date of Monday, March 11, 2002 at 1:30 p.m. for Kong Liquor Inc. dba Kong Liquor for a Class D Liquor license located at 1401 North 56th Street, Suite 105 & 106. (ADOPTED, 7-0; A-81356) 21) Setting the hearing date of Monday, March 11, 2002 at 1:30 p.m. for Metro Food Mart Inc. dba "Leon's Food Mart" for a change of ownership with a Class D license, located at 2200 Winthrop Rd. (ADOPTED, 7-0; A-81357) 22) Setting the hearing date of Monday, March 11, 2002 at 1:30 p.m. for Mgr. App. of Tricia M. Rodriguez for CEC Entertainment, Inc. dba Chuck E. Cheese's located at 221 N. 66th Street. (ADOPTED, 7-0; A-81358) 23) Setting the hearing date of Monday, March 18, 2002 at 1:30 p.m. for Mgr. App. of Jason E. Hoffman for Prensa Latina Inc. dba "El Puente" located at 815 "O" Street. (ADOPTED, 7-0; A-81359) 24) Report of UNL Microbiologist of water testing done in the month of January, 2002. (PLACED ON FILE) 25) MISCELLANEOUS REFERRALS Investment of Funds for February 11, 2002 through February 15, 2002. (ADOPTED, 7-0; A-81360) Report from City Treasurer of Telecomm Occ. Tax for the month of January, 2002: Nextel West Corp., Primus Telecommunications, Inc., Vartec Telecom, Inc. Global Crossing Telecommunications, Inc., Teligent Serices, Inc., Touch America, Inc., Working Assets Funding Services, AT&T Communications of Midwest, Operator Communications, Inc., Qwest Communications Corp. and Network Billings Systems, L.L.C. (PLACED ON FILE) Report from City Treasurer of Monthly City Cash Report for the month of January 31, 2002. (PLACED ON FILE) Change of Zone 3358 - App. of Robert Stephens for a Change of Zone from H-4 to I-1 on property located at SW 6th and West "A" Streets. (REFERRED TO PLANNING DEPT.) REPORTS OF CITY OFFICERS 26) Clerk's Letter & Mayors's Approval of Resolutions passed on Feb. 4, 2002 (PLACED ON FILE) 27) Clerk's Letter & Mayor's Approval of Resolutions & Ordinances passed on February 11, 2002. (PLACED ON FILE) 28) Investment of Funds for February 4, 2002 through February 8, 2002. (ADOPTED, 7-0; A-81361) 29) Report from City Treasurer of Telecomm. Occ. Tax for the month of October & November, 2001: Amended reports of Globalcom, Inc.; for the month of January, 2002: D & D Communications, Inc. and One Call Communications, Inc. (PLACED ON FILE) 30) Report of City of Lincoln Comprehensive Annual Financial Report for the FY ending Aug. 31, (PLACED ON FILE) ORDINANCES - 1ST READING (ITEMS 31 THROUGH 35 HAD 1ST READING) 31) 02-21 Adopting the supplements to the Lincoln Municipal Code dated June 2001 and December 2001 as part of the official Lincoln Municipal Code. 32) 02-22 Amending Chapter 2.65 of the Lincoln Municipal Code relating to the Police and Fire Pension Plan - Plan "B" to provide for a one-time increase to Police and Fire Pension Retirees and Deferred Annuitant Retirees scheduled to receive a monthly pension payment. 33) 02-23 Amending Chapter 2.66 of the Lincoln Municipal Code relating to the Police and Fire Pension Plan - Plan "C" to provide for a one-time increase to Police and Fire Pension Retirees and Deferred Annuitant Retirees scheduled to receive a future monthly pension payment. 34) 02-24 Accepting Stonebridge Creek L.L.C.'s offer to dedicate the right-of-way for Alvo Road located between N. 14th Street and Arbor Road. Fact Sheet (4K), Warrenty Deed (9K), Public Access Easement (42K) 35) 02-25 Vacating the north 12 feet of West "E" Street from the east line of Folsom Street to the west line of SW 6th Street, generally located at South Folsom and West "E" Street. (In connection w/ 02R-28) Fact Sheet (718K) RECONSIDERATION 36) 02R-15 Special Permit 1629D - Application of Whitehead Oil to permit a ground sign at the northeast corner of South 27th Street & Porter Ridge Road. (Adopted by Council on 2/4/02; A-81337) (2/11/02 - Motion by Werner to reconsider on 2/25/02 for action only) Fact Sheet (LOST, 1-6, SVOBODA ASSENTING; #38-4392) ORDINANCES - 3RD READING 37) 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. (PASSED, 7-0; #17966) 38) 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. (PASSED, 7-0; #17967) 39) 02-19 Approving a multi-year agreement between the City and Nebraska Game & Parks Commission to assist with funding the Holmes Lake renovation project. (PASSED, 7-0; #17968) 40) 02-20 Authorizing and providing for the issuance, sale, not and delivery of an amount not to exceed available $12,000,000.00 for the Antelope Valley Project on-line 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. (EMERGENCY CLAUSE ADDED, 7-0; PASSED, 7-0; #17969) PENDING LIST (EXTENDED ONE WEEK) 41) 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) 42) 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) 43) 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) 44) 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; P. H. Con't.) Fact Sheet (997K), Photo's (618K), Photo's (664K), Drawings (2.2M), Photo's (1.4M) 45) 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) 46) 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) 47) 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) 48) 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 P. H. & action 10/15/01) (10/15/01 - Delayed 2 weeks to 10/29/01) (10/29/01- Placed on pending indefinitely) Fact Sheet (16K) 49) 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) 50) 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) 51) 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) 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 1/14/02) (1/7/02 - Remain on Pending) Fact Sheet (4K) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTION WILL HAVE PUBLIC HEARING ON MARCH 4, 2002: (APPROVED, 7-0) 53) 02R-21 Appointing Michael Donley to the Fire and Police Pension Advisory Committee to fill the unexpired term. Fact Sheet (25K) 54) 02R-22 Authorizing the filing of applications with the United States Department of Transportation for financial assistance during Fiscal Year 2002-2003 (September 1, 2002 - August 31, 2003) 55) 02R-23 Reappointing Michael Eckert to the Urban Design Committee for a three-year term expiring February 1, 2005. 56) 02R-24 Reappointing Kim Todd to the Urban Design Committee for a three-year term expiring February 1, 2005. 57) 02R-25 Reappointing Scott Sullivan to the Urban Design Committee for a three-year term expiring February 1, 2005. 58) 02R-26 Accepting the report of new and pending claims against the City and approving disposition of claims set forth therein for the period of February 1 - 15, 2002. Fact Sheet (5K), Attachment (33K) 59) 02R-27 Special Permit 1953 - Application of Bill Harrison for authority to sell alcoholic beverages for consumption off the premises at Ho-Chunk located at 3301 O Street. Fact Sheet (1.5K) 60) 02R-28 Special Permit No. 1943 - Application of Kent Seacrest on behalf of Lincoln Plating Company to building a parking lot in the R-2 Residential District on property generally located at So. Folsom and West "E" Street. (In connection w/02-25) Fact Sheet (707K) 61) 02R-29 Approving a Multi-Year Agreement with Lexis Publishing for computerized legal research. 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 (2/27/02) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (3/4/02). 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 10:50 P.M. |