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ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 17, 2001, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) 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 5501 Superior Street.
(Delayed 1 week to 9/17/01) (WITHDRAWN
BY APPLICANT)
2) Exhibit Application of The Eating Establishment Holding Co.
154K for a special designated liquor license to cover an
area measuring 30' by 45' at St. Elizabeth Regional
Medical Center, 555 S. 70th Street, on the 25th day
of September, 2001, from 1:00 p.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-81091)
3) Exhibit Application of Wal-Mart Inc. dba "Wal-Mart
950K Supercenter #1943" for a Class D liquor license at
4700 N. 27th Street. (ADOPTED FOR APPROVAL,
7-0; A-81092)
4) same as Manager application of Ryan Lee Hoage for Wal-Mart
Item #3 Inc. dba "Wal-Mart Supercenter #1943" at 4700 N. 27th
Street. (ADOPTED FOR APPROVAL, 7-0; A-81093)
5) Exhibit Application of Barry Good Inc dba "Barry's Bar &
346K Grill" for a special designated license covering an
area measuring 142' by 134' in the parking lot at
301 N. 9th Street, on October 6, 2001 from 7:00 a.m.
to 1:00 a.m. (MOTION TO AMEND, 7-0; ADOPTED FOR
APPROVAL AS AMENDED, 7-0; A-81094)
6) same as Application of Barry Good Inc dba "Barry's Bar & Grill"
Item #5 for a special designated license covering an area
area measuring 142' by 134' in the parking lot at
301 N. 9th Street, on October 20, 2001 from 7:00
a.m. to 1:00 a.m. (ACTION DELAYED 2 WEEKS TO
10-1-2001, 7-0)
7) same as Application of Barry Good Inc dba "Barry's Bar & Grill"
Item #5 for a special designated license covering an area
area measuring 142' by 134' in the parking lot at
301 N. 9th Street, on October 27, 2001 from 7:00 a.m.
to 1:00 a.m. (ACTION DELAYED 2 WEEKS TO 10-1-2001, 7-0)
8) same as Application of Barry Good Inc dba "Barry's Bar & Grill"
Item #5 for a special designated license covering an area
area measuring 142' by 134' in the parking lot at
301 N. 9th Street, on November 10, 2001 from 7:00 a.m.
to 1:00 a.m. (ACTION DELAYED 2 WEEKS TO 10-1-2001, 7-0)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 9 - 12 HAD PUBLIC HEARING)
9) 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)
10) 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)
11) 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)
12) 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)
PUBLIC HEARING - RESOLUTIONS
13) 01R-243 Appointing Gerry Kreiser to the Board of Zoning
Appeals for a five-year term expiring August 24,
2006. (ADOPTED, 7-0; A-81095)
14) 01R-244 Appointing Gerry Kreiser to the Lincoln-Lancaster
County Planning Commission for a six-year term
expiring August 24, 2007. (ADOPTED, 7-0; A-81096)
15) 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) (ADOPTED, 7-0; A-81097)
16) 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. (ADOPTED, 7-0; A-81098)
17) 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)
(ADOPTED, 7-0; A-81099)
18) 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)
(ACTION DELAYED 1 WEEK TO 9-24-01, 6-1; McROY DISSENTING)
19) 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. (YOAKUM CLAIM DELAYED 1 WEEK TO 9-24-01,
6-1; CAMP DISSENTING; BAUER CLAIM DELAYED 1 WEEK TO
9-24-01, 5-2; CAMP & SVOBODA DISSENTING; DAVIS CLAIM
DELAYED 1 WEEK, 6-1; CAMP DISSENTING; ADOPTED, 7-0;
A-81100)
20) Resolution Application of St. Teresa's Catholic Church to
conduct a raffle within the City of Lincoln from
October 2, 2001 through November 11, 2001.
(ADOPTED, 7-0; A-81101)
21) Resolution Application of Pius X High School Booster Club to
conduct a lottery within the City of Lincoln from
January 20, 2002 through April 20, 2002.
(ADOPTED, 7-0; A-81102)
22) Resolution Application of Husker Athletics Fund to conduct a
raffle within the City of Lincoln from September 20,
2001 through October 20, 2001. (ADOPTED, 7-0; A-81103)
- END OF PUBLIC HEARING -
PETITIONS & COMMUNICATIONS
23) Setting the hearing date of Monday, October 1, 2001
at 1:30 p.m. for Lazlo Inc dba Empyrean Ales/Lazlo's/
Jabrisco's for an addition to the premise of approx.
33' x 49', located at 210 North 7th Street.(ADOPTED, 7-0;
A-81104)
24) MISCELLANEOUS REFERRALS
Report from the UNL Microbiologist of water tests
for the month of August. (PLACED ON FILE)
Petition to Vacate Public Way Greenfield Street from
N.W. 10th Street North 75 feet, submitted by Gerald
L. Schleich. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
25) Investment of Funds for August 27 - 31, 2001.
(ADOPTED, 7-0; A-81105)
26) Investment of Funds for September 4 - 7, 2001.
(ADOPTED, 7-0; A-81106)
27) Reports from City Treasurer of Telecomm Occ. Tax for
the month of April - September, 2001: Airtime SMR,
Inc.; for the month of July: Broadwing
Telecommunications; IBM Global Services-NS Div.;
Nebraska Technology & Telecommunications, Inc.; for
the month of August : One Call Communications,
Inc. (PLACED ON FILE)
28) Report of Lincoln Water & WasteWater System of
Recapitulation of Daily Cash Report for August,
2001. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 29 THRU 30 HAD 1st READING)
29) 01-145 Vacating the north-south alley in Block 119,
Original Plat of Lincoln, generally located at 10th
Street and Lincoln Mall. Fact Sheet
30) 01-146 Amending Title 26 of the Lincoln Municipal Code
relating to the Land Subdivision Ordinance to group
all application fees into one chapter, to add an
application fee for a request to amend the
conditions of an approved final plat, to vacate a
final plat, and to amend the text of the Land
Subdivision Ordinance. Fact Sheet
ORDINANCES - 3RD READING
31) 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) (PASSED, 7-0 #17912)
PENDING LIST (EXTENDED 1 WEEK - SEE ITEM 35 & 43)
32) 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)
33) 00-177 Vacating a portion of N. 60th St. from Seward Ave.
south 142 ft. (10/16/00 - Placed on Pending)
Factsheet (16K)
34) 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)
35) 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)
(REMOVED FROM PENDING FOR PUBLIC HEARING ON
10-1-01, 7-0) Factsheet (987K)
36) 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)
37) 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)
Factsheet (949K)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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) (REMOVED FROM PENDING FOR PUBLIC
HEARING ON 10-1-01, 7-0) Fact Sheet (2.2M),
Photo's (2.5M), Photos (2M)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON SEPTEMBER 24, 2001: (APPROVED, 7-0)
44) 01R-250 Authorizing submittal of a grant application to the
Transportation Enhancement Program for the construction
of the MoPac West Trail along the MoPac Railroad corridor
between 18th & X Streets and 30th & X Street.
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
(9/19//01) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(9/24/01).
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 - 3:58 P.M.
History