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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 20, 2001, AT 1:30 P.M.
ALL MEMBERS PRESENT
NOTE: NO COUNCIL MEETING THE WEEK OF SEPTEMBER 3, 2001
MAYORS AWARD OF EXCELLENCE - FOR THE MONTH OF JULY, PAUL AKSAMIT OF
THE POLICE DEPT. FOR PRODUCTIVITY.
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit Application of Chances "R" Restaurant for a special
684K designated license covering an area measuring 158' by 64'
at Nebraska Champions Club, 701 N. 10th Street,
on August 25, September 1, 8, and 15, October 6,
20, and 27, and November 10, 2001, from 8:00 a.m.
to midnight. (ADOPTED FOR APPROVAL, 6-1;
SENG DISSENTING; A-81034)
2) Exhibit Application of Barry Good Inc. dba "Barry's Bar & Grill"
275K for a special designated license covering an
area measuring 142' by 134' in the parking lot at
301 N. 9th Street, on August 25, September 1, 8, and
15, 2001, from 7:00 a.m. to 1:00 a.m. (ADOPTED
FOR APPROVAL, 7-0; A-81035)
3) Exhibit Application of Sprague Country Club for a special
622K designated license covering an area measuring 150'
by 50' in the parking lot at 9th and S Streets, on
August 25, September 1, 8, and 15, October 6, 20,
and 27, and November 10, 2001 from 8:00 a.m. to 1:00
a.m. (ADOPTED FOR DENIAL, 7-0; A-81036)
4) Exhibit Application of Pickfair Entertainment Corp. dba "Big Red
543K Keno Sports Bar & Grill" for a special
designated license covering an area measuring 50' by
25' at 955 West "O" Street on August 25, September
1, 8, 15, October 6, 20, 27, November 10, 2001, from
8:00 a.m. to 1:00 a.m. (ADOPTED FOR APPROVAL,
7-0; A-81037)
5) Exhibit Application of Lincoln P Street Catering dba "Embassy
543K Suites Hotel" for a special designated
license covering an area measuring 92' by 150' in
the dock area at 1040 P Street on August 24, 25, and
31, September 1, 7, 8, 14, and 15, October 5, 6, 19,
20, 26, and 27, and November 9 and 10, 2001, from
6:00 a.m. to 1:00 a.m. (ADOPTED FOR APPROVAL,
7-0; A-81038)
6) Exhibit Application of Lincoln P Street Catering for a special
443K designated license covering an area
measuring 200' by 120' in the Old Kings Buffet
parking lot located north of R Street between 9th
and 10th Street on September 8 and October 27, 2001
from 6:00 a.m. to 1:00 a.m. (ADOPTED FOR DENIAL,
6-1; MCROY DISSENTING; A-81039)
7) see #6 Application of Lincoln P Street Catering for a
special designated license covering an area
measuring 132' by 120' at 926 P Street on September
8 and October 27, 2001 from 6:00 a.m. to 1:00 a.m.
(MOTION FOR APPROVAL, LOST 3-4; COOK, MCROY,
WERNER ASSENTING; #38-4371; ADOPTED FOR DENIAL,
4-3; COOK, MCROY, WERNER DISSENTING; A-81040)
8) see #6 Application of Lincoln P Street Catering for a
special designated license covering an area
measuring 125' by 170' at 900 Q Street on September
8 and October 27, 2001 from 6:00 a.m. to 1:00 a.m.
(ADOPTED FOR DENIAL, 4-3; COOK, MCROY, WERNER
DISSENTING; A-81041)
9) Exhibit Application of Geemax Inc. dba "N Zone" for a special
593K designated license covering an area
measuring 63 1/2' by 108' at 728 1/2 Q Street on
August 25, September 1, 8, and 15, October 6, 20,
and 27, and November 10, 2001 from 8:00 a.m. to 1:00
a.m. (ADOPTED FOR APPROVAL, 6-1; SENG DISSENTING;
A-81042)
10) Exhibit Application of Destiny Productions Inc. for a special
336k designated license covering an area
measuring 140' by 18' at the Port Huron Bldg. dock
located at 803 Q Street on August 25, September 1,
8, and 15, October 6, 20, and 27, and November 10,
2001 from 8:00 a.m. to 8:00 p.m. (ADOPTED FOR
APPROVAL, 7-0; A-81043)
11) Exhibit Application of Wilderness Ridge L.L.C. dba "Wilderness
753K Ridge Golf Course" to amend the
previously approved Class "C" liquor application to
include the entire golf course and the temporary
clubhouse located at 1800 Wilderness Woods Place.
(ADOPTED FOR APPROVAL, 7-0; A-81044)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 12 THRU 17 HAD 2ND READING)
12) 01-132 Amending Section 2.62.200 of the Lincoln Municipal
Code to allow members of the Police and Fire Pension
Plans "B" and "C" to switch to Plan "A" within six
months after Deferred Retirement Option Plan
implementation.
13) 01-133 Amending Section 10.16.030 of the Lincoln Municipal
Code with regard to the operation of a motor vehicle
while under the influence of alcohol to bring the
level of alcohol in blood or breath into compliance
with state statute.
14) 01-135 Amending the corporate limits of the City by
annexing approximately 251 acres of property
generally located between North 14th and North 27th
Streets, north of I-80 and south of Alvo and Arbor
Roads.(In connection w/01-136, 01-137, 01R-220,
01R-221, 01R-222, 01R-225) (Request to have
2nd & 3rd readings 08/20/01)
15) 01-136 Change of Zone 3325 - Amending Chapter 27.51 of the
Lincoln Municipal Code to allow development of a
minimum of 50 acres instead of 75 acres in the I-3
Employment Center District. (In connection w/01-
135, 01-137, 01R-220, 01R-221, 01R-222, 01R-225)
(Request to have 2nd & 3rd readings 8/20/01)
Factsheet (35K)
16) 01-137 Change of Zone 3265 - Application of Hampton
Development Services for a change of zone from AG
Agricultural to I-3 Employment Center and R-3
Residential on property generally located between
North 14th and North 27th Streets, north of I-80 and
south of Alvo and Arbor Roads. (In connection
w/135, 01-136, 01R-220, 01R-221, 01R-222, 01R-225)
(Request to have 2nd & 3rd readings 8/20/01)
Factsheet (810K)
17) 01-138 Change of Zone 3323 - Application of Park Ridge
Apartments, L.L.C. for a change of zone from R-2
Residential to R-3 Residential on property generally
located at S.W. 8th and West C Streets.(In
connection w/01R-223, 01R-224) Factsheet (845K)
PUBLIC HEARING
ORDINANCE - 3RD READING
18) 01-96 Renaming Charles Ave. as Hanneman Dr. beginning at the
north approach of the intersection of Trimble Dr.
& W. "C" St. & extending north & east through the Muff
2nd Add. Preliminary Plat. (6/18/01 - Placed on Pending
until Pre Plat of Muff 2nd Addition comes forward)
(8/13/01 - Removed from Pending for Public Hearing on
8/20/01) (PASSED, 7-0; #17900)
PUBLIC HEARING - RESOLUTIONS
19) 00R-64 Special Permit 1423C - App-. Of Dru, Guy, & David
Lammle to amend the Himark Estates C.U.P. to add
land, increase the assigned number of dwelling units
from 240 to 300 multi-family dwelling units & to
approve the site plan for the multiple family area
on property generally located at the northeast
corner of S. 84th St. & Old Cheney Rd.
(3/13/00 - To Remain on Pending) (8/6/01-
Removed from pending for Public Hearing & Action
8/13/01)(8/13/01 - Pub. Hearing cont'd & Action
Delayed for 1 week to 8/27/01) (ACCEPTED SUB.
RESO, 7-0; AMENDED, 4-3; CAMP, FRIENDT, SVOBODA
DISSENTING; ADOPTED AS AMENDED, 5-2; CAMP, SVOBODA
DISSENTING; A-81045) Factsheet pt1 (1.5M) Memos (1M)
20) 01R-218 Approving the StarTran Rate Schedule to increase the
StarTran Fare Structure. (ADOPTED. 7-0; A-81046)
Fact Sheet (27K)
21) 01R-219 Approving an Interlocal Agreement between the City
and Gage County for the Nebraska Used Oil Collection
and Refuse Program allowing for the development of
two used oil collection sites within Lancaster
County and expenditure of State grant funds to make
capital improvements and acquire used oil collection
equipment and supplies. (ADOPTED, 7-0; A-81047)
Fact Sheet (30K), Attachment (74K)
22) 01R-220 Special Permit 1845 - Application of Hampton
Development Services to develop Stone Bridge Creek
Community Unit Plan for 437 dwelling units and a
modification of the lot area, width, and size for
outlots and specified residential and townhouse lots
in the proposed R-3 Residential District, on
property generally located between North 14th and
North 27th Streets, north of I-80 and south of Alvo
and Arbor Roads. (In connection w/01-135, 01-136,
01-137, 01R-221, 01R-222, 01R-225) (ACTION
DELAYED ONE WEEK TO 8/27/01, 6-1; FRIENDT
DISSENTING) Fact Sheet (1.0M)
23) 01R-221 Accepting and approving the preliminary plat of
Stone Bridge Creek for 315 single family lots, 80
attached single family lots, 1 multi-family lot, 7
outlots, 2 industrial lots and 2 large lots for
potential future urban village, with a waiver of the
requirements regarding the location of sanitary
sewer mains, street trees along I-80, double
frontage lots, and lot line angles, on property
generally located between North 14th and North 27th
Streets, north of I-80 and south of Alvo and Arbor
Roads.(In connection w/01-135, 01-136, 01-137,
01R-220, 01R-222, 01R-225) (ACTION DELAYED
ONE WEEK TO 8/27/01, 6-1; FRIENDT DISSENTING)
Fact Sheet (1.2M)
24) 01R-222 Use Permit 139 - Application of Hampton Development
Services to develop 500,500 sq. ft. of industrial
and office space, with reduction of the front and
side yards, on property generally located between
North 14th and North 27th Streets, north of I-80 and
south of Alvo and Arbor Roads.(In connection
w/01-135, 01-136, 01-137, 01R-220, 01R-221, 01R-
225) (ACTION DELAYED ONE WEEK TO 8/27/01,
6-1; FRIENDT DISSENTING) Fact Sheet (1.1M)
25) 01R-223 Special Permit 1733B - Application of Park Ridge
Apartments, L.L.C. to develop Muff 2nd Addition
Community Unit Plan for an additional 83 dwelling
units, with a reduction of the required lot area, on
property generally located at S.W. 8th and West "C"
Streets. (In connection w/01R-224, 01-138)
(ACTION DELAYED ONE WEEK TO 8/27/01, 7-0)
Fact Sheet (1.2M)
26) 01R-224 Accepting and approving the preliminary plat of Muff
2nd Addition for 12 lots on property generally
located at S.W. 8th and West "C" Streets. (In
connection w/01-224, 01-138) (ACTION DELAYED
ONE WEEK TO 8/27/01, 7-0;)
27) 01R-225 Approving an Annexation Agreement between the City
and Stonebridge Creek L.L.C. outlining certain
conditions and understandings with regards to the
annexation of approximately 251.07 acres of property
generally located between Interstate 80 and Arbor
Road east of North 14th Street. (In connection
w/01-135, 01-136, 01-137, 01R-220, 01R-221, 01R-
222) (ACTION DELAYED ONE WEEK TO 8/27/01,
6-1; FRIENDT DISSENTING)
28) 01R-226 Approving the reappointment of Jon D. Carlson to
the Lincoln-Lancaster County Planning Commission for
a six year term to expire August 24, 2007. (ADOPTED,
7-0; A-81048)
29) 01R-227 Approving the appointment of Mary F. Bills to
the Lincoln-Lancaster County Planning Commission for
a six year term to expire on August 24, 2007.
(ADOPTED, 7-0; A-81049)
Attachment (K68)
30) 01R-203 Adopting the City of Lincoln 2001-2002 Annual
Operating Budget. (ADOPTED, 6-1; CAMP DISSENTING;
A-81050) Budget. (1M)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
31) MISCELLANEOUS REFERRALS
Lincoln Water & Wastewater System Recapitulation of Daily
Cash Receipts for July, 2001. (PLACED ON FILE)
Report of City Treasurer of Cash on Hand at close of
business July 31, 2001 (PLACED ON FILE)
Report of UNL Microbiologist for water testing for the
month of July, 2001. (PLACED ON FILE)
THE FOLLOWING APPS. WERE REFERRED TO PLANNING DEPT.:
Change of Zone 3336 - App. of Rex Anderson for a change
from I-1 to R-7 at 19th & Dudley.
Special Permit 1901A - App. of RLM, L.L.C. to develop a
22 unit C.U.P./Special Permit for elderly or retirement
housing.
Special Permit 1926 - App. of Mark Lyon/JTM to sell wine
only - off sale at 27th & Randolph.
REPORTS OF CITY OFFICERS
32) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on August 6, 2001. (PLACED ON FILE)
33) Investment of Funds for August 6 - August 10, 2001.
(ADOPTED, 7-0; A-81051)
ORDINANCES - 1ST READING (ITEM 34 HAD 1ST READING))
34) 01-139 Change of Zone 3333 - Application of Union Bank &
Trust for a change of zone from AG Agricultural to
AGR Agricultural Residential on property generally
located at S.W. 12th Street and West Denton Road.
ORDINANCES - 3RD READING
35) 01-106 Authorizing the issuance of not to exceed $3,750,000
aggregate principal amount of the City's Golf Course
Revenue Refunding Bonds. (With Emergency Clause)
(7/16/01 - Placed on Pending) (Request to
remove from Pending for Action on 8/20/01)(8/13/01 -
Removed from Pending for Action on 8/20/01) (PASSED,
7-0; #17901)
36) 01-128 Approving the transfer of appropriations within
Public Works & Utilities and Parks & Recreation to
ensure the completion of certain projects that need
additional funding within the fiscal year budget.
(PASSED, 7-0; #17902)
Fact Sheet (25K)
37) 01-129 Change of Zone 3327 - Amending Section 27.71.130 of
the Lincoln Municipal Code to allow an additional
main building on a lot in the AG zoning district
where there is an existing residence.(In
connection W/01R-210) (LOST, 0-7; #38-4373)
Fact Sheet (344K)
38) 01R-210 Special Permit 1909 - Application of Leonard Stolzer
to allow the temporary storage of construction
equipment on property generally located at 5400 S.
Folsom Street.(In connection w/01-129)(8/13/01 -
Action delayed for one week to 8/20/01, 6-0)
(8/13/01 - Amended) (LOST, 0-7; #38-4372)
Fact Sheet (1M)
39) 01-130 Change of Zone 3331 - Amending Chapter 27.55 of the
Lincoln Municipal Code to adopt the revised Flood
Insurance Rate Maps and Flood Insurance Study, and
to clarify language relating to the minimum
standards required by the National Flood Insurance
Program and the State of Nebraska for floodplain
management by amending the Lincoln Zoning
Ordinance.(In connection w/ 01-131)
(PASSED, 7-0; #17903) Fact Sheet (1.1M)
40) 01-131 Amending Title 26, the Land Subdivision Ordinance,
of the Lincoln Municipal Code to add Section
26.07.115 and to amend Sections 26.07.120 and
26.15.040 to adopt the revised Flood Insurance Rate
Maps and Flood Insurance Study and to clarify
language relating to the minimum standards required
by the National Flood Insurance Program and the
State of Nebraska for floodplain management.(In
connection w/01-130) (PASSED 7-0; #17904)
Fact Sheet (2.5M)
PENDING LIST (EXTENDED 1 WEEK)
41) 00-169 Vacating the north/south alley from Seward Ave.
north to the east/west alley in Block 95, Havelock
Add., generally located between N. 62nd & N. 63rd
Sts. (9/25/00 - Placed on Pending)Factsheet (16K)
42) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 ft. (10/16/00 - Placed on Pending)
Factsheet (16K)
43) 00-200 Vacating W. N St. from the west line of S.
Coddington to a point approx. 300' west thereof.
(11/6/00 - Placed on Pending) Factsheet (987K)
44) 01-22 Vacating Pine Lake Rd. from the west line of
Lazy Acres Subdivision east to the west line of
Lot 6 I.T., generally located west of S. 14th
St. & Pine Lake Rd. (2/26/01 - Placed on Pending)
Factsheet (987K)
45) 01-20 Creating Alley Paving Dist. 360 in the north/south
alley between Worthington Ave. & 20th St., from South St.
north approx. 300'. (3/5/01 - Placed on Pending)
46) 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)
47) 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 Neigh-borhood 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 01R-212 Special Permit 1873 - Appeal of Sprint Spectrum,
L.P., from the Planning Commission denial of Special
Permit 1873 for authority to construct a 90' tall
wireless communications facility and waiver of the
fall zone, on property generally located at 4700
Antelope Creek Road. (Placed on Pending for 30 days)
Fact Sheet (2.2M), Photo's (2.5M), Photos (2M)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON AUGUST 27, 2001: (APPROVED, 7-0)
54) 01R-228 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
therein for the period of August 1 - 15, 2001.
Fact Sheet (5K) Attachment A (22K)
55) 01R-229 Special Permit 1924 - Application of Kabredlo's for
authority to sell alcoholic beverages for
consumption off the premises at 2305 R Street.
Fact Sheet (1.2M)
56) 01R-230 Approving a waiver of design standards for the
parking lot surfacing at St. David's Episcopal
Church on property generally located east of 84th
and Holdrege Streets. Fact Sheet (936K)
57) 01R-231 Approving a waiver of design standards for street
trees within the First Federal Lincoln Subdivision
on property generally located at South 13th and
Arapahoe Streets. Fact Sheet (1.5M)
58) 01R-232 Approving an Amendment to the Interlocal Agreement
between the City and the County relating to the
Lincoln Area Agency on Aging to eliminate the
Lincoln-Lancaster County Commission on Aging and
assign the executive of the Agency to the office of
the Mayor.
59) 01R-233 Authorizing Mike Stretz dba Solid Ground to occupy a
portion of the public right-of-way at 14th and O
Streets for use as a sidewalk cafe.
Fact Sheet (36K) Attachments (562K)
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 (8/22//01) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (8/27/01).
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.
ADJOURNMENT 6:18 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.
History