ACTION OF THE REGULAR CITY COUNCIL MEETING HELD MONDAY, DECEMBER 3, 2001, AT 1:30 P.M. (ALL MEMBERS PRESENT) NOTE: NO COUNCIL MEETINGS WEEKS OF DECEMBER 24 AND 31, 2001 DECEMBER 17, 2001 COUNCIL MEETING WILL BE AT 5:30 P.M. PUBLIC HEARING LIQUOR RESOLUTIONS 1) Exhibit Manager application of Rodney R. Hollman for 185K Lancaster County Agricultural Society Inc. dba Lancaster Event Center located at 4100 North 84th Street. (ADOPTED FOR APPROVAL, 7-0; A-81245) PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 2 & 3 HAD PUBLIC HEARING) 2) 01-179 Change of Zone 3344 - Amending Sections 27.63.180, 27.63.210, 27.63.215, and 27.63.570 of the City Zoning Ordinance to update references to the City of Lincoln Design Standards and the Airport Environs Noise District. Fact Sheet (298K) 3) 01-180 Vacating the south half of Pine Lake Road west of South 14th Street. Fact Sheet (648K) PUBLIC HEARING - RESOLUTIONS 4) 01R-312 Approving J.R.'s Down Under at 3233½ South 13th Street as a Keno satellite site. (ADOPTED, 7-0; A-81246) 5) 01R-313 Appointing Sandra Washington to the Parks and Recreation Advisory Board to fill an unexpired term expiring April 27, 2002. (ADOPTED, 7-0; A-81247) 6) 01R-314 (731K) Waiving the required sidewalks in Chez Ami Knolls 6th Addition located at 2341 Bretigne Drive and 6311 Andrew Court. Fact Sheet (731K) (ADOPTED, 7-0; A-81248) 7) 01R-315 Special Permit 1942 - Application of Mark Whitehead for authority to sell alcoholic beverages for consumption off the premises at the convenience store/gas station generally located northeast of South 27th Street and Porter Ridge Road. Fact Sheet (18K) (ADOPTED, 7-0; A-81249) 8) 01R-317 Accepting the report of new and pending claims against the City and approving disposition of claims set forth therein for the period of November 1 -15, 2001. Fact Sheet (5K), Attachement (28K)(ADOPTED, 7-0; A-81250) 9) 01R-318 Appointing Russ Bayer to the Emergency Medical Services Board to fill an unexpired term expiring March 28, 2004. (ADOPTED, 7-0; A-81251) 10) 01R-319 Appointing David Hunter to the Lincoln Electric System Administrative Board for a three-year term expiring January 1, 2005. Fact Sheet (30K) (ADOPTED, 7-0; A-81252) 11) 01R-320 Reappointing Ron Ecklund to the Lincoln Electric System Administrative Board for a three-year term expiring January 1, 2005. (ADOPTED, 7-0; A-81253) 12) 01R-321 Appointing Beatty Brasch to the Lincoln Electric System Administrative Board for a three-year term expiring January 1, 2005. Fact Sheet (39K) (ADOPTED, 7-0; A-81254) - END OF PUBLIC HEARING - PETITIONS & COMMUNICATIONS 13) Setting the hearing date of Monday, Dec. 17, 2001 at 5:30 p.m. for the App. of Viviana Grassi-Larson dba Sur Tango Bar & Cafe for a Class I Liquor license at 1228 P Street. (ADOPTED, 6-0; FRIENDT ABSENT; A-81255) 14) Petition to Vacate the alley that runs north and south located in Block 2 Hiland View next to 38th & Calvert Streets, submitted by Susan & Christopher Becker. (REFERRED TO LAW DEPT.) 15) MISCELLANEOUS REFERRALS Setting the hearing date of Monday, December 10, 2001 at 1:30 p.m. for the Application of Nebraska Agri-Business Assoc. to conduct a raffle in the City of Lincoln from December 15 - January 31, 2002. (ADOPTED, 6-0; FRIENDT ABSENT) The following were referred to Planning Dept.: Change of Zone 3345 - App. of Whitehead Oil Company Petition to Amend the Zoning Ordinance from H-1 to H-4 on property generally located at N. 56th & Alvo Streets. Change of Zone 3347- App. of Mark Hunzeker for text amendment to LMC 27.69.160. Use Permit No. 142 - App. of Carl Sjulin to build a 5,000 SF. bank building, parking lot and four (4) drive through lanes, one being for an ATM machine at 8400 Eagle Crest Road. Special Permit No. 1237A - App. of Mark Hunzeker to amend Existing Special Permit 1237 on property located at So. 27th & Woods Blvd. Special Permit No. 1941 - App. of Gerhart Kebraei to be able to park business cars (used car dealership) up front for exposure to the public on property located at 29th & Cornhusker. Informal application requesting the City to repave, add curb and gutter system to Saunders Avenue from 11th to 12th Street, submitted by Ben & Amy Herr, owners of C&L Automotive, Inc. (Refer to Public Works) REPORTS OF CITY OFFICERS 16) Clerks's Letter & Mayor's Approval of Ordinances & Resolutions passed on November 19, 2001. (PLACED ON FILE) 17) Investment of Funds for November 13 - November 16, 2001. (ADOPTED, 6-0; FRIENDT ABSENT; A-81256) 18) Report from City Treasurer of Telecommunications Occ. Tax for the month of August, 2001: VarTec Telecom, Inc.; the month of September, 2001: Sprint Communication Company Limited Partnership; the month of October, 2001: WWC License LLC dba Cellular One, NPCR, Inc. dba Nextel Partners, XO Long Distance Services, Inc., Association Administrators, Inc., Lightyear Communications, Inc., RSL Com USA, Inc., Glyphics Communications Corp., Comdata Telecommunications Services, Inc., Incomnet Communications Corp., GTC Telecom, Inc., NOS Communications, Inc., Long Distance of Michigan, Inc., McLeod USA Telecommunications Services, Inc., Affinity Network, Inc., WorldXchange Corp., I-LINK Communications, Inc., Zone Telecom, Inc., Big Planet, Inc., ATT Wireless PCS, LLC, Single Billing Service Inc. dba Asian American Association, Network Billing Systems, LLC, Operator Communications, Inc., Western Union Communications, Inc., LCI International Telecom Corp., Telco Development Group De Inc., Excel Telecommunications, Inc., One Call Communications, Inc. dba OPTICOM, Nextel West Corp. (PLACED ON FILE) 19) Report of City Treasurer for Franchise Fees for the month of October, 2001 from Utilicorp United. (PLACED ON FILE) 20) Report from City Treasurer of Cash on Hand at the close of business October 31, 2001. (PLACED ON FILE) 21) Setting Hearing Date of Monday, December. 17, 2001 at 5:30 p.m. for the Assessment of the Cost of Weed Removal incurred for the period of January 1, 2001 through December 17, 2001. (ADOPTED, 6-0; FRIENDT ABSENT) ORDINANCES - 1ST READING (ITEM 22 HAD 1ST READING) 22) 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 delivering goods. Fact Sheet (4K) ORDINANCES - 3RD READING & RESOLUTIONS ACTION ONLY 23) 01-160 Creating Water District No. 1184 in Park Avenue from 10th to 11th Streets. Fact Sheet (25K) (PASSED, 6-0; FRIENDT ABSENT; #17941) 24) 01-161 Creating Water District No. 1185 in Marlborough and Oaks Hollow Drive, Stevens Ridge Estates. Fact Sheet (26K) (PASSED, 6-0; FRIENDT ABSENT; #17942) 25) 01-162 Creating Sewer District No. 1175 Marlborough and Oaks Hollow Drive, Stevens Ridge Estates. (PASSED, 6-0; FRIENDT ABSENT; #17943) 26) 01-174 Vacating the north half of the north-south alley in Block 117, Havelock Addition, generally located between Touzalin Avenue and North 58th Street at Seward Avenue. Fact Sheet (692K) (PASSED, 6-0; FRIENDT ABSENT; #17944) 27) 01-175 Vacating the east half of the east-west alley in Block 30, Original Plat of Lincoln, generally located between North 8th and North 9th Streets, north of Q Street. Fact Sheet (820K) (PASSED, 6-0; FRIENDT ABSENT; #17945) 28) 01-176 Change of Zone 3343 - Application of Holdrege Investors, L.L.C. and University Park Congregation of Jehovah's Witnesses, Inc. for a change of zone from B-2 Planned Neighborhood Business to R-4 Residential on property generally located at the northeast corner of North 84th and Holdrege Streets. (In connection w/01R-308) Fact Sheet (707K) (PASSED, 6-0; FRIENDT ABSENT; #17946) 29) 01R-308 Special Permit 1839A - Application of Holdrege Investors, L.L.C. and University Park Congregation of Jehovah's Witnesses, Inc. to amend the Morning Glory Estates Community Unit Plan to add 11 lots and dwelling units and to correct the legal description on property generally located at the northeast corner of North 84th and Holdrege Streets. (In connection w/0-176) (11/26/01 - Action delayed to 12/3/01) Fact Sheet (883K) (ADOPTED, 6-0; FRIENDT ABSENT; A-81257) 30) 01R-298 Adopting the Lincoln Electric System Annual Budget for 2002. (Had p.h. 11/19/01 w/adoption. Reconsidered to have action 12/3/01) Fact Sheet (28K) (RE-ADOPTED, 6-0; FRIENDT ABSENT; A-81225) 31) 01R-288 Accepting and approving the preliminary plat of Carroll M5 Industrial Park with waivers of the required sidewalks, stormwater detention, and reduction of the minimum centerline radius for curves, on property generally located at North 27th Street and Cleveland Avenue. (Reconsidered 11/26/01 for action only 12/3/01) Fact Sheet (1.5M) (ACTION DELAYED TO 12/17/01, 7-0) PENDING LIST (EXTENDED ONE WEEK) 32) 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) 33) 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) 34) 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) 35) 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) 36) 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) 37) 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) 38) 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) 39) 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) 40) 01-150 Creating paving District 2623 in N.W. 27th Street from approximately Wet 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) 41) 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) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON DECEMBER 10, 2001: (APPROVED, 7-0) 42) 01R-311 Authorizing the City, acting as a community redevelopment authority, to acquire by use of eminent domain certain property in connection with the development of a downtown entertainment center under the authority of the Nebraska Community Development law, on a portion of the City block generally located from 11th to 12th and O to P Street and specifically including Lots 1 through 4 and Lots 9 through 16, Block 41, Original Plat of the City of Lincoln and all of the County Clerk's Subdivision of Block 41, Original Plat of the City of Lincoln, Lancaster County, Nebraska. 43) 01R-322 Reappointing Michael Coon to the Fire Sprinkler and Chemical Examining Board for a three-year term expiring November 24, 2004. 44) 01R-323 Appointing R. J. Lipert to the Fire Sprinkler and Chemical Examining Board for a three-year term expiring November 24, 2004. 45) 01R-324 Appointing Martin Kasl to the Fire Sprinkler and Chemical Examining Board for a three-year term expiring November 24, 2004. 46) 01R-325 Appointing Carlos Servan to the Multicultural Advisory Committee to fill an unexpired term expiring September 18, 2004. 47) 01R-326 Approving an Agreement between the City and Hewlett- Packard Co. for the Computer Assisted Dispatching computer in the 911 Center and backup site, and a related maintenance contract, for a three-year term. 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 (12/05/01) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (12/10/01). 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 - 2:10 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. *****