|
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 16, 2001 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING - LIQUOR RESOLUTIONS
1) Exhibit Application of Twisted Steele, Inc. dba "Lazzaris"
for a Class "C" liquor license at 1434 "O" Street
and 1430 "O" Street. (ADOPTED FOR APPROVAL,
7-0; A-80780)
2) same as Manager application of Matthew Vrzal for Twisted
#1 Steele, Inc. dba "Lazzaris" at 1434 O Street and
1430 O Street. (ADOPTED FOR APPROVAL, 7-0; A-80781)
3) Exhibit Manager application of Matthew J. Kempston for B&R
Stores, Inc. dba "Super Saver #17" at 2525 Pine Lake
Road. (ADOPTED FOR APPROVAL, 7-0; A-80782)
4) Exhibit Manager application of Ronald Sommers for B&R
Stores, Inc. dba "Super Saver III" at 5440 S. 56th
Street. (ADOPTED FOR APPROVAL, 7-0; A-80783)
5) Exhibit Application of Lincoln P Street Catering Co. dba
"Embassy Suites Hotel" for a special designated
license for an area in the back deck area of Embassy
Suites Hotel at 1040 P Street on May 4, 11, and 18,
2001, from 3:00 p.m. to 8:00 p.m. (ADOPTED FOR
APPROVAL, 7-0; A-80784)
PUBLIC HEARING ORDINANCES -
2ND READING (ITEMS 6, 9 & 10 HAD PUBLIC HEARING; SEE ITEMS 7 & 8)
6) 01-57 Declaring portions of the Highlands South Park
as surplus property, generally located at N.W.
Fairway Drive and W. Harvest Drive. Fact Sheet (1.4M)
7) 01-60 Amending the corporate limits of the City by
annexing approximately 135.27 acres of property
generally located at N.W. 48th Street and West
Adams Street. (In connection w/01-61, 01R-77,
01R-78, 01R-79, 01R-82) (RULES SUSPENDED
TO HAVE 2ND & 3RD READINGS, 7-0; PASSED, 7-0;
#17820) Fact Sheet (753K)
8) 01-61 Change of Zone 3248 - Application of M & S
Construction for a change of zone from I-2
Industrial to H-4 General Commercial, B-2
Planned Neighborhood Business and R-3
Residential on property generally located at
N.W. 48th Street and West Adams Street.(In
connection w/01-60, 01R-77, 01R-78, 01R-79,
01R-82) (RULES SUSPENDED TO HAVE 2ND &
3RD READINGS, 7-0; PASSED, 7-0; #17835)
Fact Sheet (1.1M)
9) 01-62 Amending the corporate limits of the City by
annexing approximately 110 acres of property
generally located at Fletcher Avenue and
Telluride Drive.(In connection w/01-63, 01R-80,
01R-81) Fact Sheet (704K)
10) 01-63 Change of Zone 3260 - Application of North
Creek L.L.C. for a change of zone from AG
Agricultural to R-3 Residential, H-3 Highway
Commercial, and H-4 General Commercial, and
from R-3 Residential to H-4 General Commercial
and H-3 Highway Commercial on property
generally located at Fletcher Avenue and
Telluride Drive. (In connection w/01-62, 01R-80,
01R-81) Fact Sheet (1.7M)
PUBLIC HEARING - RESOLUTIONS
11) 01R-76 Approving a waiver of design standards for
construction of two driveways along frontage of
commercial business located at 2001 South 1st
Street. (MOTION TO DELAY FOR ONE WEEK 4/23/01;
7-0) Fact Sheet (27K)
12) 01R-77 Comp. Plan Amendment 94-52 - Amending Figure 16,
Lincoln's Land Use Plan, of the Lincoln-Lancaster
County Comprehensive Plan, to change property
generally located at N.W. 48th Street and West Adams
Street from Industrial to Commercial and
Residential. (In connection w/01-60, 01-61, 01R-78,
01R-79, 01R-82) (ADOPTED, 7-0; A-80785)
Fact Sheet (391K)
13) 01R-78 Special Permit 1833 - Application of M & S
Construction to develop Ashley Heights Community for
295 dwelling units on property generally located at
N.W. 48th Street and West Adams Street. (In connection
w/01-60, 01-61, 01R-77, 01R-79, 01R-82)(ADOPTED, 7-0;
A-80786) Fact Sheet (1.6M)
14) 01R-79 Accepting and approving the preliminary plat of
Ashley Heights with waivers to the required block
length, pedestrian way easement, submitting a use
permit at the time of the preliminary plat, lot
depth to width ratio, access to public or private
street, and roadway approaches to exceed 2%, on
property generally located at N.W. 48th Street and
W. Adams Street. (In connection w/w/01-60, 01-61,
01R-78, 01R-82) (ADOPTED, 7-0; A-80787)
Fact Sheet (1.6M)
15) 01R-82 Approving the Ashley Heights Conditional Annexation
and Zoning Agreement between the City and Lincoln M
& S Construction and Allan D. and Beth A Schulz
outlining certain conditions and understandings with
regard to the annexation of property generally
located at N.W. 48th Street and West Adams Street.
(In connection w/w/01-60, 01-61, 01R-77, 01R-78,
01R-79) (ADOPTED, 7-0; A-80788)
Fact Sheet (4K)
16) 01R-80 Accepting and approving the preliminary plat of
North Creek Trade Center with waivers to the
required block lengths, sidewalks, street names, and
width of private roadways, on property generally
located at Fletcher Avenue and Telluride Drive. (In
connection w 01R-81, 01-62, 01-63) (MOTION TO
DELAY FOR ONE WEEK 4/23/01; 7-0)
Fact Sheet (2.6M)
17) 01R-81 Approving the North Creek Trade Center Conditional
Annexation and Zoning Agreement between the City and
Lincoln North Creek, L.L.C. outlining certain
conditions and understandings with regard to the
annexation of property generally located at Fletcher
Avenue and Telluride Drive. (In connection w/01R-80,
01-62, 01-63) (MOTION TO DELAY FOR ONE WEEK 4/23/01; 7-0)
18) 01R-83 Accepting the report of new and pending claims
against the city and approving disposition of claims
set forth therein for the period of March 16 - 31, 2001.
(MOTION TO DELAY FOR ONE WEEK 4/23/01; 7-0)
Fact Sheet (25K)
PUBLIC HEARING
ORDINANCES - 3RD READING
19) 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.
(4/9/01 - Action delayed w/Public Hearing for 1
week to 4/16/01) (MOVED TO ACCEPT THE SUBSTITUTE
ORDINANCE, 7-0; #17832) Fact Sheet (14K)
20) 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. (4/9/01 - Action delayed w/Public
Hearing for 1 week to 4/16/01) (THIS ORDINANCE
WAS BLENDED IN WITH 01-47; MOVED TO ACCEPT THE SUB-
STITUTE ORDINANCE, 7-0 )
Fact Sheet (14K)
21) 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. (4/9/01
- Action delayed w/Public Hearing for 1 week to
4/16/01) (MOVED TO ACCEPT THE SUBSTITUTE ORDINANCE,
7-0; #17833) Fact Sheet (15K)
22) 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.
(4/9/01 - Action delayed w/ Public Hearing for 1 week to
4/16/01) (MOVED TO ACCEPT THE SUBSTITUTE ORDINANCE,
7-0; #17834) Fact Sheet (15K)
PETITIONS & COMMUNICATIONS
23) Petition to Vacate Public Way All that portion of
Cotner Blvd. lying south of Antelope Creek Road by
Darrell & Charlotte McCave. (REFERRED TO LAW)
24) Petition to Vacate Public Way All that portion of
Cotner Blvd. lying south of Antelope Creek Road by
Robert Watton. (REFERRED TO LAW)
25) Setting Hearing Date of May 7, 2001 at 1:30 p.m. on
the application of Twisted Steele, dba The Bar for
an outdoor addition to their current premise at 1644
"P" Street. (Class C License) (ADOPTED, 7-0; A-80791)
26) Setting Hearing Date of May 7, 2001 at 1:30 p.m. on
the application of BDLS, Inc. dba J. Finnegan's at
201 N. 8th St. for a Class "C" Liquor license.
(ADOPTED, 7-0; A-80792)
27) MISCELLANEOUS REFERRALS
Setting hearing date of Monday, May 7, 2001 at 1:30
p.m. on the Man. App. of Gene R. Birkett for La Societe
Des 40 Hommes, dba American Legion 3 Club, at 5630 "P"
Street. Setting hearing date of Monday, May 7, 2001 at
1:30 p.m. on the Man. App. of Gene R. Birkett for La
Societe Des 40 Hommes, dba American Legion 3 Club, at
5630 "P" Street. (ADOPTED, 7-0; A-80793)
2000 Annual Report of Lincoln Fire & Rescue.
(PLACED ON FILE - #3)
Formal Paving Petition for Alley Paving District 359,
submitted by Byron and Jane Yurth. (REFERRED TO LAW)
REPORTS OF CITY OFFICERS
28) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on April 2, 2001. (PLACED ON FILE)
29) Investment of Funds. (ADOPTED, 7-0; A-80789)
30) Report of UNL Microbiologist for water testing for
the month of March, 2001. (PLACED ON FILE - 35-01)
ORDINANCES - 1ST READING (ITEMS 31 THRU 34 HAD 1ST READING)
31) 01-64 Amending Section 8.32.150 of the Lincoln Municipal Code to
increase the annual occupation tax for refuse vehicles with
or without pack units used to haul and collect refuse from
$50 to $100. Fact Sheet (38K)
32) 01-65 Amending Country Meadows final plat to reduce the building
setback from 50 feet to 20 feet on lots abutting Outlot F
on property generally located at South 66th Street and Pine
Lake Road. Fact Sheet (907K)
33) 01-66 Change of Zone 3315 - Application of Phil and Mary Durst for
a change of zone from R-4 Residential to I-1 Industrial on
property generally located at South 1st and L Streets.
Fact Sheet (997K), Auction Site Photos (13M)
Auction Site Photos (13M), LMC 27.60 & Signatures (2.2M)
Auction Site Photos (1.4M)
34) 01-67 Change of Zone 3316 - Application of Lancaster County Board
of Commissioners for a change of zone from O-3 Office Park
to P Public Use on property generally located at 601 North
46th Street north of R Street. Fact Sheet (908K)
ORDINANCES - 3RD READING
35) 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)
Fact Sheet (632K)
(PASSED, 7-0; #17821)
36) 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)
Fact Sheet (581K) (PASSED, 7-0; #17822)
37) 01R-73 Accepting and approving the preliminary plat of Aspen Ridge
and waiving block length, minimum lot depth, and pedestrian
way easement, on property generally located at S.W. 27th
Street and West A Street. (In connection w/01-58, 01-59)
Fact Sheet (1M) (ADOPTED,
7-0; A-80790)
38) 01-14 Declaring approx. 2.04 acres of property generally located
on the north side of Pioneers Blvd., west of Ridgeview Drive,
as surplus & authorizing the sale thereof. (2/26/01 - Placed
on Pending) (In connection w/01-55) ( 4/2/01 - Remove from
Pending w/Public Hearing on 4/9/01)
Fact Sheet (476K) (PASSED, 7-0; #17823)
39) 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. (In connection w/01-14)
Fact Sheet (476K) (PASSED, 7-0; #17824)
40) 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.
Fact Sheet (30K), Attachment (327K)
(PASSED, 7-0; #17825)
41) 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.
Fact Sheet (30K) Attachment (473K)
(PASSED, 7-0; #17826)
42) 01-50 Authorizing the issuance of not to exceed $1,600,000 of the
not City's Q, O, P, R/North Haymarket Redevelopment Project Tax
available Allocation and Refunding Bonds. (PASSED, 7-0; #17827)
43) 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. Fact Sheet (16K) (PASSED, 7-0; #17828)
44) 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. Fact Sheet (1.4M)
(PASSED, 7-0; #17829)
45) 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. Fact Sheet (360K)
(ACTION DELAYED FOR ONE WEEK 4/23/01; 7-0)
46) 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. Fact Sheet (107K)
(PASSED, 7-0; #17830)
47) 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. Fact Sheet (1.2M)
(PASSED, 7-0; #17831)
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)
Fact Sheet (1.1M)
(MOTION TO AMEND FAILED; 4-3;
MOTION TO DELAY FOR 3 MONTHS 7/16/01; 5-2)
Pending List
History