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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 2, 2001 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit Application of Levy Restaurants at Haymarket Park for a
626K Class "I" liquor license at 999 North 6th Street.
Management Agreement (765K) Exhibits (177K)
(ADOPTED FOR APPROVAL, 7-0; A-80754)
2) same as Manager Application of Rodney G. Rossman for Levy
#1 Restaurants at Haymarket Park at 999 North 6th Street.
(ADOPTED FOR APPROVAL, 7-0; A-80755)
PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 3 THRU 9 HAD PUBLIC HEARING)
3) 01-13 Declaring approximately .91 acres of property generally
located in Lot 2, Fairview Cemetery 1st Addition, generally
located near N. 84th Street and Adams Street, as surplus
and authorizing the sale thereof.
Planning Department:Fact Sheet (858K)
4) 01-47 Amending Chapter 6.04 of the Lincoln Municipal Code relating
to Animal Control Regulations Generally to amend
definitions; to increase impoundment fees; to make it
unlawful to own animal hybrids; to provide restrictions
relating to activities of pet shops; amending cruelty to
animals to provide a separate section relating to animal
neglect; to provide exceptions to violations; amending
provisions regarding selling or giving away animals; and
to provide additional penalties for violations.
Law Department:Fact Sheet (14K)
5) 01-42 Amending Chapter 6.04 of the Lincoln Municipal Code relating
to Animal Control Regulations Generally to allow the
Director of the Health Department to impound unusual
animals; to provide permit provisions for animal exhibits
or rides; to make it unlawful to provide for unusual
carnivorous mammals to be restrained by the public for
entertainment purposes; and to provide an appeal process
for denied, non-renewed and revoked animal exhibit or
ride permits.
Law Department:Fact Sheet (14K)
6) 01-43 Amending Chapter 6.12 of the Lincoln Municipal Code relating
to Cats to add a definition for "cat hobby kennel" and
amending the definition of "kennel; to provide the word
"Lincoln" be engraved on all cat tags; to provide that all
money received by the Director under Chapter 6.12 shall be
credited to the Animal Control Fund; to make it unlawful for
cats that are not spayed or neutered to run at large; to
repeal the current provisions relating to cats running at
large while in heat; to delete references to sections being
repealed; to make it unlawful to maintain a cat kennel; to
provide exceptions to having a cat kennel; to create a
permit process to obtain a cat hobby kennel; to provide
restrictions relating to a cat hobby kennel; to repeal the
current provisions relating to hobby kennel or cattery
permits; and to increase the minimum fine for first offense
violations of Chapter 6.12 from $25 to $35.
Law Department:Fact Sheet (15K)
7) 01-44 Amending Chapter 6.08 of the Lincoln Municipal Code relating
to Dogs to add a definition for "dog hobby kennel" and to
amend the definition of "kennel"; to provide the word
"Lincoln" be die-stamped on dog tags; to provide that
owners of dogs shall dispose of waste material accumulating
from their dogs at least once every five days; to include
dog hobby kennel permit holders as exceptions to dog kennel
prohibition; to create an exception to having a dog kennel
for persons on land that is annexed by the City; to require
permits for dog hobby kennels; to provide restrictions
relating to dog hobby kennels; to provide that money
received pursuant to Chapter 6.08 shall be credited to the
Animal Control fund; and to increase the minimum fine for
first offense violations of Chapter 6.08 from $25.00 to
$35.00.
Law Department:Fact Sheet (15K)
8) 01-45 Change of Zone 3263 - Application of Pioneer Woods, L.L.C.
for a change of zone from B-1 Local Business and R-3
Residential to B-2 Planned Neighborhood Business on
property generally located at the northeast corner of 70th
and Pioneers Blvd.
Planning Department:Fact Sheet (780K)
9) 01-46 Approving a Redevelopment Agrmt. between the City & TJK
Investments, Inc. for the redevelopment of the west side
of N. 27th St. between S & T Sts. to be known as "Sterling
Village" Office/Retail Site.
Planning Department: Redevelopment Agreement (903K)
PUBLIC HEARING - RESOLUTIONS
10) 01R-62 Approving an Agreement between the City, Lincoln
Electric System, and St. Elizabeth Health System and
its subsidiaries, for employee workers' compensation
injuries and miscellaneous medical and other
services for a three-year term.
Planning Department: Factsheet (88K) Agreement (303K)
(ADOPTED, 7-0; A-80756)
11) 01R-63 Approving an Agreement between the City and the
State Dept. of Roads for the funding of a project to
reconstruct the intersection of 33rd and Sheridan
Boulevard as a "roundabout."
Public Works & Utilities Department: Factsheet (26K)
Agreement (368K)
(ADOPTED, 7-0; A-80757)
12) 01R-64 Approving an Agreement between the City and the State Dept.
of Roads for the funding of a project to analyze the
alignment of Highway U.S. 6 (Sun Valley Boulevard) from
West "O" Street north to Cornhusker Highway.
Public Works & Utilities Department: Factsheet (27K)
Agreement (39K) (ADOPTED, 7-0; A-80758)
13) 01R-65 Approving an Agreement between Big Red Keno and GJR,
L.L.C. dba "Randy's Grill & Chill" for the operation
of a Keno satellite site at 4947 Holdrege Street.
(ADOPTED, 7-0; A-80759)
14) 01R-67 Accepting the report of new and pending claims against
the city and approving disposition of claims set forth
therein for the period of March 1-15, 2001.
Law Department: Factsheet (5K)
(AMENDED, 7-0; TO DELETE LINES #10, 11, 13, and 18;
CLAIMS DELAYED ONE WEEK TO 4-9-01; A-80760; 7-0)
15) 01R-68 Accepting and approving the preliminary plat of
Pioneer Woods for 8 commercial lots and 2 outlots,
and waivers of the required stormwater detention, an
increase in the 15' depth of sanitary sewer, and an
increase of the street approach platforms to 3%, on
property generally located at the northeast corner
of 70th and Pioneers Blvd.
Planning Department: Factsheet (1.6M)
(ACTION DELAYED FOR ONE WEEK TO 4-9-01; 7-0)
16) 01R-69 Use Permit 130 - Application of Pioneer Woods, L.L.C. to
develop 142,000 sq. ft. of commercial/retail/restaurant
space and to waive the standard 50' front yard to allow
free-standing pad site ground signs in the front yard on
property generally located at the northeast corner of 70th
and Pioneers Blvd.
Planning Department: Factsheet (1.7M)
(ACTION DELAYED FOR ONE WEEK TO 4-9-01; 7-0)
17) 01R-70 Appointing Rifka Keilson to the Community Development Task
Force to fill an unexpired term expiring August 31, 2002.
(ADOPTED; 7-0; A-80761)
18) 01R-44 Appeal of Arlon E. & Corrine D. Bartels, Dale & Jenine M.
Meiner, Deanna Mumgaard, Mary Mumgaard, David Watts, Drennen
Watts, M. Laimons Iesalnieks, & Larry & Denise Maack, from
the Planning Commission approval of Special Permit 1892
authorizing Qwest Wireless L.L.C. to construct a 123' tall
personal wireless facility with associated ground equipment
& a waiver of the fall zone requirement on property
generally located at N. 7th St. & Fletcher Ave. (2/26/01 -
Placed on Pending for 2 weeks to 3/12/01) (3/5/01 - To
remain on Pending until 3/19/01) (3/12/01 - Removed from
Pending for Action on 3/19/01) (3/19/01 - Action delayed
one week w/Public Hearing reopened on 3/26/01) (3/26/02 -
Delayed one week w/Public Hearing reopened on 4/2/01)
Planning Department: Fact Sheet (121K)
Arials (1.3M) Photographs (3.8M) Qwest (1.9M)
(SPECIAL PERMIT APPROVED AS AMENDED / APPEAL DENIED; 6-1;
SHOECRAFT DISSENTING; A-80762)
PETITIONS & COMMUNICATIONS
19) Petition to Vacate Public Way A portion of South 16th Street
bounded on the South by Lake Street, on the North by the
previously vacated 16th Street currently owned by BryanLGH
Medical Center, on the West by Lot 12, Goulds Subdivision of
Lot 5 in the Southwest Quarter of Section 36, Township 10
North, Range 6 East of the 6th P.M., and on the East by Lot 4
and a portion of Lot 5, Johnsons Addition, all located in
Lincoln, Lancaster County, Nebraska submitted by Bryan LGH
Med Ctr. (REFERRED TO LAW)
20) Petition to Vacate Public Way A portion of Right-of-way
stub adjacent to the South Line of Lot 1, H.J.B. Industrial
Park and the South Line of Lot 3, 48th and Superior Addition
submitted by Harley J. Bair. (REFERRED TO LAW)
21) MISCELLANEOUS REFERRALS
Setting hearing date of Monday, April 16, 2001 at 1:30 p.m.
on the Man. App. of Ronald Sommers for B & R Stores Inc. Dba
Super Saver III at 5440 S. 56th St. (ADOPTED, 7-0; A-80763)
Setting hearing date of Monday, April 16, 2001 at 1:30 p.m.
on the application of Lincoln P Street Catering Co. dba
Embassy Suites Hotel for outdoor liquor catering events on
May 4, 11, and 18, 2001 at 1040 P Street.
(ADOPTED, 7-0; A-80764)
Reports from City Treasurer of Telecomm. Occ. Tax for the
month of February 2001: Network Billing Systems, L.L.C.,
Affinity Network, Inc., AT&T Communications of the Midwest,
Inc., Sprint Communication Company Limited Partnership,
Airtime SMR, Inc., and Aliant Cellular Inc., dba Alltel.
(PLACED ON FILE)
Petition to Vacate Public Way of a Right-of-Way Stub
Adjacent to the South Line of Lot 1, H.J.B. Industrial
Park and the South Line of Lot 3, 48th & Superior
Addition. (REFERRED TO LAW DEPT.)
REPORTS OF CITY OFFICERS
22) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on Mar. 19, 2001.
(PLACED ON FILE)
23) Investment of Funds. (ADOPTED, 7-0; A-80765)
Approving distribution of funds representing interest
earning on short-term investments of IDLE FUNDS for the
month ended February 28, 2001. (ADOPTED, 7-0; A-80766)
ORDINANCES - 1ST READING (ITEMS 24 THRU 35 HAD 1ST READING, SEE ITEM #33)
24) 01-48 Approving a contract between the City and the
Lincoln Haymarket Development Corp. to operate
and regulate a Saturday public market in the
Haymarket area from May 5, 2001, through
October 27, 2001.
Urban Development Department: Fact Sheet (30k)
Attachments (327k)
25) 01-49 Approving a contract between the City and the
Downtown Lincoln Association to operate and
regulate a mid-week public market in the
Marketplace area at 12th Street from Q to R
Street and R Street from 12th to 13th Streets
from May 15, 2001, through July 31, 2001.
Urban Development Department: Fact Sheet (30k)
Attachments (473k)
26) 01-50 Authorizing the issuance of not to exceed
not $1,600,000 of the City's Q, O, P, R/North
available Haymarket Redevelopment Project Tax Allocation
this week and Refunding Bonds.
27) 01-51 Amending Section 9.44.040 of the Lincoln
Municipal Code relating to fireworks to provide
for the assessment of a late fee on all
applications for a license as a fireworks
retailer postmarked or received by the Chief of
the Bureau of Fire Prevention after June 23, to
increase the license fee to $75.00, to amend
the provision regarding issuance of a license,
and repealing Section 9.44.085 relating to the
sale and use of fireworks from December 30,
1999 to January 1, 2000.
Building & Safety Department: Fact Sheet (16K)
28) 01-52 Change of Zone 3134B - Application of Christian
Retirement Homes, Inc. d/b/a Eastmont Towers,
to add and operate a six bed health care
facility in the Willow Springs Final Planned
Unit Development on property generally located
at South 78th Street and Pioneers Blvd.
Planning Department: Fact Sheet (1.4M) Attachment (7K)
29) 01-53 Change of Zone 3307 - Amending Section 27.69.044 of the
Lincoln Municipal Code relating to permitted signs in
the O-1, O-2, and O-3 zoning districts to adjust the
permitted sign regulations in the O-3 Office Park
District to better reflect a transitional district.
Planning Department: Fact Sheet (360K)
30) 01-54 Change of Zone 3310 - Designating the Haymarket Park Sign
District as an overlay special sign district for the
Lincoln Baseball Stadium on property generally located at
North 6th Street and Charleston Street, between I-180 and
Sun Valley Boulevard.
Planning Department: Fact Sheet (104K) Exhibits (1M)
31) 01-55 Change of Zone 3311 - Application of the
Director of the Parks & Recreation Department
for a change from P Public Use District to O-3
Office Park District on property generally
located 450 feet west of Ridgeview Drive, on
the north side of Pioneers Blvd.
Planning Department: Fact Sheet (476K)
32) 01-56 Vacating a portion of the South 16th Street
right-of-way, a portion of the South 19th
Street right-of-way and Southpark Road.
Planning Department: Fact Sheet (1.2M)
33) 01-57 Declaring portions of the Highlands South Park
not as surplus property, generally located at N.W.
available Fairway Drive and W. Harvest Drive.
on-line (FIRST READING DELAYED FOR ONE WEEK; 7-0)
34) 01-58 Change of Zone 3258 - Application of Aspen
Builders, Inc. for a Change of Zone from AGR
Agricultural Residential to R-3 Residential on
property generally located at S.W. 27th Street
and West A Street. (In connection w/01-59 & 01R-73)
Planning Department: Fact Sheet (632K)
35) 01-59 Change of Zone 3303 - Application of Aspen Builders, Inc.
for a Change of Zone from AGR Agricultural Residential to
R-3 Residential on property generally located at S.W. 27th
Street and West "A" Street. (In connection w/01-58 & 01R-73)
Planning Department: Fact Sheet (581K)
ORDINANCES - 3RD READING
36) 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.
Planning Department: Fact Sheet (1.1M)
(ACTION DELAYED FOR TWO WEEKS TO 4-16-01; 7-0)
37) 01-40 Vacating the public right-of-way adjacent to
the west side of Stadium Dr. from the south
line of U St. to the north line of Lot 4, Block
10, North Lincoln Add., & vacating U St. from
the east line of 10th St. to a point 12 feet
east of the west line of Stadium Dr.
Planning Department: Fact Sheet (1.5M)
(PASSED, 7-0; #17816 )
Pending List, Items 38 - 66
History