ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, SEPTEMBER 10, 2001, AT 1:30 P.M. ALL MEMBERS PRESENT MAYOR'S AWARD OF EXCELLENCE - FOR THE MONTH OF AUGUST, DOROTHY SKORUPA OF PARKS & RECREATION FOR CUSTOMER RELATIONS. Presentation by Lincoln Police Chief Tom Casady - "2001 Local Law Enforcement Block Grant". (PRESENTATION BY CHIEF CASADY -COUNCIL QUESTIONS ANSWERED) PUBLIC HEARING - LIQUOR RESOLUTIONS 1) Exhibit Application of Lincoln Haymarket Development 265K Corporation for a special designated license in an area measuring approximately 62' x 382' in 7th Street from Q to P Streets, an area measuring approximately 60' x 270' in P Street from 7th to 8th Streets, and a beer garden area measuring 30' x 40' near the intersection of 7th and P Street, on September 21, 2001 from 5:00 p.m. to 1:00 a.m. and on September 22, 2001 from 11:00 a.m. to 1:00 a.m (ADOPTED FOR APPROVAL, 7-0; A-81078). 2) Exhibit App. of Destiny Productions Inc. dba Star City 105K Dinner Theatre for a liquor catering license at 803 Q Street. (8/27/01 -Delayed to 9/10/01) (ADOPTED FOR APPROVAL, 7-0; A-81079) 3) Exhibit Manager application of Michael D. Olderbak for 478K Nebraska Retail Ventures L.L.C. dba Ampride 101 at 4135 S. 48th Street, Ampride 102 at 4002 Adams Street, Ampride 103 at 600 W. A Street, Ampride 105 at 3291 Holdrege Street, Ampride 106 at 4401 N. 70th Street, and Ampride 107 at 5501 Superior Street. (ACTION DELAYED ONE WEEK TO 9/17/01) PUBLIC HEARING ORDINANCES - 2ND READING (ITEM 4 HAD 2ND READING) 4) 01-140 Authorizing the issuance of not to exceed $7,000,000 not available City of Lincoln, Nebraska Parking Revenue Bonds, on line Series 2001. (Emergency Clause) PUBLIC HEARING - RESOLUTIONS 5) 01R-234 Approving the use of public right-of-way by MDS Pharma Services for the installation of a buried liquid nitrogen line under Peach Street between S. 6th and S. 7th Streets. (ADOPTED, 7-0; A-81080) 6) 01R-235 Approving Mary's Place at 1930 West O Street as a Keno satellite site. (ADOPTED, 7-0; A-81081) 7) 01R-241 Reappointing Michelle Petersen, Molvina Carter, and Michael Tavlin to the Community Health Endowment Board of Trustees for three-year terms expiring September 1, 2004. (ADOPTED, 7-0; A-81082) 8) 01R-242 Appointing Carol Ott Schacht to the Community Health Endowment Board of Trustees for a three-year term expiring September 1, 2004. (ADOPTED, 6-1; CAMP DISSENTING; A-81083) - END OF PUBLIC HEARING - PETITIONS & COMMUNICATIONS 9) Petition to Vacate Public Way the eastern half of north-south alley from the north line of Lexington Avenue to the south line of east-west alley from 70th Street to 73rd Street submitted by Justin & Sheryl Stine. (REFERRED TO LAW DEPT.) 10) App. of Pius X High School Booster Club - B.O.L.T. to conduct a lottery within the City of Lincoln. (Need a motion to set hearing date for Mon., Sept. 17, 2001 at 1:30 p.m.) (APPROVED, 7-0) 11) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.: Special Permit No. 1929 - App. of Red Star Auto Plaza, L.L.C. for storage of vehicles for sale & resale in the front yard in the H-3 District. Change of Zone No. 3285 - App. of Andermatt, L.L.C. to change from AG to B-5 & AG to O-3 at 84th & Highway 2. Change of Zone No. 3320 - App. of Heritage Lakes L.L.C. for a change from AG to R-3 at S. 98th Street & Pine Lake Road. Use Permit No. 140 - App. of Eiger Corp. for commercial use of 803,400 sq. ft. to be used for shopping center, Appian Way. 12) Setting Hearing date of Mon., Sept. 24, 2001 at 5:30 p.m. on the application of Buggy Bath West, LLC dba "Buggy Bath Car Wash - West" for a Retail Class "B" Liquor License & Class "K" Liquor Catering License at 1502 West O Street. (ADOPTED, 7-0; A-81084) 13) Setting Hearing date of Mon., Sept. 24, 2001 at 5:30 p.m. on the application of Brinkers Restaurant Corp. dba "Chili's Southwest Bar & Grill" for a Retail Class "I" Liquor License at 6730 S. 27th Street. (ADOPTED, 7-0; A-81085) 14) Setting Hearing date of Mon., Sept. 24, 2001 at 5:30 p.m. on the application of Bewitched Two Inc dba "Bison Witches Bar & Deli" for a Retail Class "C" liquor license at 1320 P Street, Ste. 100.(ADOPTED, 7-0; A-81086) 15) MISCELLANEOUS REFERRALS Report from the City Treasurer of Telecomm. Occ. Tax report for the quarter ending Sept. 1999: Global Crossing; July, 2001: Nextel West, Coast Int'l., Intellicall, Bell Atlantic, WorldCom., Lincoln Celteco, Alltel Comm., Alltel Nebraska Inc. (PLACED ON FILE) Setting the Hearing Date of Mon., Sept. 24, 2001 at 5:30 p.m. for an addition to premises for Lancaster County Agricultural Society Inc. dba "Lancaster Event Center" consisting of a courtyard area & covered walkway approx. 325' x 175', passageway approx. 200' x 100' & small animal bldg. 240' x 90'. (ADOPTED, 7-0; A-81087) Setting Hearing date of Mon., Sept. 24, 2001 at 5:30 p.m. for Thai Garden , LLC dba Thai Garden Restaurant for a Class "I" Liquor License at 1245 Q Street, Ste. 100. (ADOPTED, 7-0; A-81088) Application of Husker Athletics Fund, 117 S. Stadium, to conduct a raffle within the City limits. (Need motion to set hearing date of Mon., Sept. 17, 2001 at 1:30 p.m..) (APPROVED, 7-0) Application of St. Teresa's Catholic Church, 735 S. 36th St., to conduct a raffle within the City of Lincoln. (Need motion to set hearing date of Mon. Sept. 17, 2001 at 1:30 p.m.) (APPROVED, 7-0) REPORTS OF CITY OFFICERS 16) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions passed on August 20, 2001.(PLACED ON FILE) 17) Clerk's Letter & Mayor's Approval of Resolutions passed on August 22, 2001. (Beltway) (PLACED ON FILE) 18) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions passed on August 27, 2001. (PLACED ON FILE) 19) Investment of Funds for August 20 - 24, 2001. (ADOPTED, 7-0; A-81089) 20) Approving distribution of funds representing interest earnings on short-term investments of IDLE Funds for month ended July 31, 2001. (ADOPTED, 7-0; A-81090) 21) Reports from City Treasurer of Telecomm Occ. Tax for the month of June, 2001: Alltel Systems of the Midwest; July, 2001: USA Paging, McLeodUSA, Operator Comm., Sprint, Excel, AT&T, Guaranteed Phone Services, Long Distance of Michigan, I-Link, Big Planet, Assoc. Adm., Zone Telecom, ATS Mobile, Sprint Spectrum, Telco Dev., (PLACED ON FILE) ORDINANCES - 1ST READING (ITEMS 22 THRU 25 HAD 1ST READING) 22) 01-141 Amending Section 2.62.020 of the Lincoln Municipal Code to include bi-weekly Post Employment Health Plan contributions for purposes of calculating pension benefits for participants in Police and Fire Pension Plan "A". Factsheet (98K) 23) 01-142 Amending Section 2.65.020 of the Lincoln Municipal Code to amend the definition of regular pay to include bi-weekly Post Employment Health Plan contributions for purposes of calculating pension benefits for participants in Police and Fire Pension Plan "B". Factsheet (99K) 24) 01-143 Amending Section 2.66.020 of the Lincoln Municipal Code to amend the definition of regular pay to include bi-weekly Post Employment Health Plan contributions for purposes of calculating pension benefits for participants in Police and Fire Pension Plan "C". Factsheet (98K) 25) 01-144 Change of Zone 3336 - Application of Rex Anderson for a change of zone from I-1 Industrial to R-7 Residential on property generally located at 19th and Dudley Streets. Factsheet (1.1M) ORDINANCES - 3RD READING 26) 01-139 Change of Zone 3333 - App. of Union Bank & Trust for a change from AG Agricultural to AGR Agricultural Residential on property generally located at S.W. 12th St. & W. Denton Rd. (PASSED, 7-0;#17910) Fact Sheet (879K) 27) 01-132 Amending Section 2.62.200 of the Lincoln Municipal Code to allow members of the Police & Fire Pension Plans "B" & "C" to switch to Plan "A" within six months after Deferred Retirement Option Plan implementation. (8/27/01 - Action delayed for 2 weeks to 09/10/01) (PASSED, 7-0; #17911) PENDING LIST (EXTENDED 1 WEEK) 28) 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) 29) 00-177 Vacating a portion of N. 60th St. from Seward Ave. south 142 ft. (10/16/00 - Placed on Pending) Factsheet (16K) 30) 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) 31) 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) 32) 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) fact Sheet (83K) 33) 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) 34) 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) 35) 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) 36) 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) 37) 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) 38) 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) 39) 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) 40) 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. (8/13/01 - 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 SEPTEMBER 17, 2001: (APPROVED, 7-0) 42) 01R-244 Appointing Gerry Kreiser to the Lincoln-Lancaster County Planning Commission for a six-year term expiring August 24, 2007. 43) 01R-245 Approving a Joint Funding Agreement between the City and the U.S. Geological Survey for a Bank Filtration Research Project of the Ashland Wellfield. Fact Sheet (24K) 44) 01R-246 Amending the University Place Redevelopment Plan to expand the streetscape amenities project area to include an additional 200 lineal feet of area by extending that portion of St. Paul Avenue in the plan west to N. 47th Street. Fact Sheet (1.6M) 45) 01R-247 Special Permit 1901A - Application of RLM, L.L.C. to amend Vavik Ridge Community Unit Plan for 22 units of elderly housing to correct the lot dimensions and waivers of the required front yard, side yard, rear yard, and depth to width ratio, on property generally located at S. 56th Street and Elkcrest Drive. Fact Sheet (871K) 46) 01R-248 Special Permit 1926 - Application of Mark Lyon on behalf of Ideal Grocery for authority to sell alcoholic beverages for consumption off the premises at S. 27th and F Streets. Fact Sheet (959K) 47) 01R-249 Accepting the report of new and pending claims against the City and approving disposition of claims set forth therein for the period of August 16 - 31, 2001. 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 (9/12//01) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (9/17/01). 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 2:19 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.