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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 22, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of James R. Chapin for Whitehead
Oil Company dba U-Stop Convenience Shop at 2925 N.W.
12th Street. (ADOPTED FOR APPROVAL, 7-0; A-82641)
2) Manager application of Michael R. Patton for Risky
Inc. dba Risky's Sports Bar & Grill at 4680
Leighton Ave. (ADOPTED FOR APPROVAL, 7-0; A-82642)
3) Application of MVB Inc. dba Caffe Italia for a
Class I (spirits, wine, beer, on-sale) liquor
license at 2110 Winthrop Road, Suite 100A.
(ADOPTED FOR APPROVAL, 7-0; A-82643)
4) Manager application of Mauro Bergo for MVB, Inc.
dba Caffe Italia at 2110 Winthrop Road, Suite
100A. (ADOPTED FOR APPROVAL, 7-0; A-82644)
5) Application of North Forty Golf, Inc. dba North
Forty Golf for a Class C (spirits, wine, beer, on
and off sale) liquor license at 8101 Adams Street.
(ADOPTED FOR APPROVAL, 7-0; A-82645)
6) Manager application of Jeffrey Joseph Schreiner
for North Forty Golf, Inc. dba North Forty Golf at
8101 Adams Street. (ADOPTED FOR APPROVAL, 7-0; A-82646)
7) Application of Double Eagle Beverage LLC to expand
their licensed premises by the addition of an area
measuring 57' by 97' to the east and two dock
areas measuring 30' by 30' to the east and 40' by
30 feet to the south at 5840 N. 70th Street.
(ADOPTED FOR APPROVAL, 7-0; A-82647)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 8 AND 9 HAD 2ND READING)
8) 04-49 Repealing Ordinance No. 18139 which created Paving
District No. 2625 in North 57th Street, Fremont to
Hartley, due to the lack of majority petition.
Fact Sheet (59K)
9) 04-50 Change of Zone 04006 - Application of Tom Jornat,
L.L.C. for a change of zone from H-3 Highway
Commercial District to I-1 Industrial District
on property generally located at L Street and
S.W. 25th Street.
Fact Sheet (137K)
PUBLIC HEARING - RESOLUTIONS
10) Application of Folsom Children's Zoo & Botanical
Gardens at 1222 South 27th Street to conduct a
raffle within the City of Lincoln from March 27,
2004 through June 26, 2004. (ADOPTED, 7-0; A-82648)
11) Application of JoAnne Maxey Elementary School PTO
at 5200 South 75th Street to conduct a
lottery within the City of Lincoln from April 1,
2004 through April 17, 2004. (ADOPTED, 7-0; A-82649)
12) 04R-48 Authorizing the University of Nebraska Center for
Great Plains Studies to occupy a portion of the
public right-of-way along the north side of their
building at 12th and Q Streets to place a bronze
sculpture within a planting bed in the public
right-of-way. (ADOPTED, 7-0; A-82650)
Attachment (255K)
Fact Sheet (40K)
13) 04R-49 Approving an Interlocal Agreement between the City
and the Lincoln/Lancaster County Railroad
Transportation Safety District for the funding of
the Antelope Valley Project, Phase 1 "Amended
Draft Single Package" from its 2003-2004 budget
year. (ADOPTED, 7-0; A-82651)
Attachment (82K)
Fact Sheet (61K)
14) 04R-50 Special Permit 1583A - Application of Raybould
Partners, Ltd. to amend Special Permit 1583 Russ'
Market to add parking stalls in a residential
district to serve the existing grocery store on
property generally located at South 17th and
Garfield Streets. (LOST, 3-4; ASSENTING: CAMP,
FRIENDT, SVOBODA; #38-4462)
Fact Sheet (136K)
15) 04R-51 Special Permit 04006 - Application of Overstreet,
Inc. for authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 1301 North 27th Street. (LOST, 0-7;
#38-4463)
Fact Sheet (687K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
16) Setting the hearing date of Monday, April 5, 2004,
at 1:30 pm for Manager Application of Ginger
Richardson for 1515 Market Street Inc dba
Airport Inn located at 3200 NW 12th Street.
(ADOPTED, 7-0; A-82652)
17) Setting the hearing date of Monday, April 5, 2004,
at 1:30 pm for Manager Application of Sheryl L.
Spaulding for Chipotle Mexican Grill of Colorado
LLC dba Chipotle Mexican Grill at 232 N. 13th Street.
(ADOPTED, 7-0; A-82653)
18) Setting the hearing date of Monday, April 5, 2004,
at 1:30 pm for Application of Burnsy's Inc dba
Catering on the Blvd for a Class I Liquor License
at 2602 Park Blvd. (ADOPTED, 7-0; A-82654)
19) Setting the hearing date of Monday, April 5, 2004,
at 1:30 pm for Application of DB Associates
Inc. dba The Steakhouse for a Class C Liquor
License at 3441 Adams Street. (ADOPTED, 7-0; A-82655)
20) MISCELLANEOUS REFERRALS
Investment of Funds for the week of March 3 thru
March 12, 2004. (ADOPTED, 7-0; A-82656)
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
March 15, 2004. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 04016 - Application of Community
Alternatives Nebraska to amend Section
27.26.020 of the Lincoln Municipal Code,
to allow adult care centers as permitted
use in the O-2 Suburban Office District.
Change of Zone 04018 - Application of Director
of Public Works and Utilities and the Lower
Platte South NRD, for text amendments to
Title 27 of the Lincoln Municipal Code.
Special Permit 04012 - Application of U.S. Cellular
Wireless Communications, for a wireless
facility, with request to waive the fall
zone, on property generally located at S.
148th Street and Highway 2.
REPORTS OF CITY OFFICERS
21) Report from City Treasurer Telecommunication
Occupation Tax for the month of January, 2004:
Liberty Wireless; February, 2004: Nextel Partners,
ATS Mobile Telephone Company Inc. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 22 THRU 28 HAD 1ST READING)
22) 04-31 Creating Sewer District No. 1179 in Lazy Acres
Subdivision, Mockingbird Lane North, South,
East, and West, and assessing the cost thereof
against the benefitted property.
Fact Sheet (59K)
23) 04-32 Creating Water District No. 1191 in Lazy Acres
Subdivision, Mockingbird Lane South, East, and
West, and assessing the cost thereof against
the benefitted property.
Fact Sheet (57K)
24) 04-33 Creating Paving District No. 2627 in Lazy Acres
Subdivision, Mockingbird Lane North, South, East,
and West, and assessing the cost thereof against
the benefitted property.
Fact Sheet (59K)
25) 04-51 Change of Zone 3421 - Application of The Dinerstein
Companies for a change of zone from H-3 Highway
Commercial to R-3 Residential on property
generally located west of North 1st Street and
south of Charleston Street. (In connection w/04R-59,
04R-60)(Request 2nd & 3rd Readings 3/29/04)
Fact Sheet (2MB)
26) 04-52 Annexation No. 03004 - Amending the Lincoln Corporate
Limits Map by annexing approximately 13.3 acres of
property generally located northeast of the intersection
of Ashbrook Drive and Highway 2. (In connection
w/04-53, 04R-56, 04R-57, 04R-58)
Fact Sheet (386K)
27) 04-53 Change of Zone No. 3387 - Application of Caseyco for
a change of zone from AGR Agricultural to R-3 Residential
on property generally located northeast of the intersection
of Ashbrook Drive and Highway 2.(In connection w/04-52,
04R-56, 04R-57, 04R-58)
Fact Sheet (385K)
28) 04-54 Amending Title 10 of the Lincoln Municipal Code relating
to Vehicles and Traffic to define a mobile infrared
transmitter and making it illegal to possess, use,
sell, or purchase mobile infrared transmitters.
Fact Sheet (14K)
ORDINANCES - 3RD READING
29) 04-47 Amending Section 14.40.030 of the Lincoln Municipal Code
pertaining to block party permits to indicate issuance by
the Department of Public Works and Utilities and requiring
a damage deposit from the applicant. (3RD READING CONT.
W/ PUB. HEARING & ACTION ON 3/29/04, 7-0)
30) 04-48 Authorizing a transfer of unspent and unencumbered
appropriations and cash between certain capital
improvement projects within the Sanitary Sewer
Construction Fund, Water Construction Fund and
Landfill Revenue Fund. (PASSED, 7-0; #18327)
Fact Sheet (59K)
PENDING LIST - DATE CERTAIN
31) 04-19 Vacation 03014 - Vacating a portion of the east-
west alley from vacated South 26th Street to
South 27th Street, between N and "O" Streets.
(3/8/04 - Delay Action 3 weeks to 3/29/04)
Fact Sheet (168K)
32) 04-21 Amending Title 12 of the Lincoln Municipal Code
relating to Parks by adding a new Chapter 12.22,
Enhanced Median, Roundabout, and Cul-de-sac Center
Island Landscaping, to provide conditions for the
placement of enhanced landscaping in median roundabout
and cul-de-sac center island area by an abutting
property owner. (3/1/04 - 3rd Reading delayed
w/con't Public Hearing & Action 4/5/04)
PENDING LIST (EXTENDED ONE WEEK)
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)
Fact Sheet (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 Neighborhood Business,
on property generally located on the southwest corner
of S. Coddington Ave. & W. Van Dorn St. (4/17/00 -
Placed on Pending)(In connection w/00-65) (3/5/01 -
Placed on Pending)
Fact Sheet (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.
(4/2/01 - 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) 01-182 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 delivery goods. (12/17/01 - Placed on Pending until
1/14/02) (1/7/02 - To remain on Pending)
Fact Sheet (4K)
37) 02-31 Vacating a 5' x 30'6" portion of North 7th Street adjacent
to the south 37'of Lot 9, Block 32, Original Plat of
Lincoln, generally located at N. 7th and P Streets.
(3/18/02 - Public Hearing Cont'd. w/3rd Reading)
(3/25/02- Action delayed to 4/8/02) (In connection
w/02R-64) (4/8/02 - Placed on Pending until policy
recommendation from Urban Development)
Fact Sheet (699K)
38) 02-114 Amending Chapter 2.54 of the Lincoln Municipal Code by
adding a new section entitled "Standards of Ethical
Conduct for Employees and Elected Officials" to supplement
the existing conflicts of interest regulations. (7/29/02 -
Placed on Pending until a committee is formed)
Fact Sheet (4K)
39) 02R-259 Comp. Plan Amendment 02001.A - Application of Realty
Trust Group to amend the 2025 Lincoln-Lancaster County
Comprehensive Plan to change the designation from
Agriculture to Urban Residential and Commercial
uses, on property generally located at the
northeast corner of 84th and Van Dorn Streets.
(11/18/02 - Pending Indefinitely)
Fact Sheet (241K)
40) Appeal Denial of Request for Categorical Exemption
from Impact Fees Submitted by Peter Katt on Behalf
of Mary Jo Livingston and Mount Olive Evangelical
Church. (9/15/03 - Approved Hearing Date of
10/6/03 at 1:30 P.m , 7-0. 9/22/03 - Re-set
hearing date to 10/20/03 (Applicant has
requested to place on Pending)
41) 04-13 Change of Zone 3429 - Application of William
Krein for a change of zone from R-4
Residential District to R-T Residential
Transition District on property generally
located at S. 56th Street and Pine Lake Road.
(2/2/04 - Public Hearing & Action con't
to 3/1/04) (3/1/04 - Placed on Pending)
Fact Sheet (825K)
42) 04R-12 Special Permit 1713B - Application of William
Krein to amend the boundaries of Aspen
3rd Addition Community Unit Plan and add
ten residential lots for a total of 205 single
family, townhouse, and multi-family units on
property generally located at S. 56th Street
and Pine Lake Road. (In connection w/04R-13,
04-13)(2/2/04 - P.H. & Action con't. to 3/1/04)
(3/1/04 - Placed on Pending)
Fact Sheet (785K)
43) 04R-13 Use Permit 155 - Application of William Krein to
construct nine 5,000 sq. ft. office buildings on
property generally located at S. 56th Street and
Pine Lake Road. (In connection w/04R-12, 04-13)
(2/2/04 - P.H. & Action Con't. to 3/1/04)(3/1/04 -
Placed on Pending)
Fact Sheet (762K)
44) 04-46 Amending the Lincoln Municipal Code by repealing
Section 24.50.050, Permits and Inspections for
private water and sewer main installation.
(3/15/04 - Pending Indefinitely)
Fact Sheet (57K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 29, 2004 AT 5:30 P.M.:
(APPROVED, 7-0)
45) 04R-52 Reappointing Russ Bayer and Gary "Randy" Boldt to
the Emergency Medical Services Board for a three-
year term expiring March 28, 2007.
46) 04R-53 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, 2004.
Attachment (35K)
Fact Sheet (14K)
47) 04R-54 Authorizing Starbucks Coffee Company to occupy a
portion of the public right-of-way at 1225 P
Street for use as a sidewalk cafe.
Attachment (476K)
Fact Sheet (66K)
48) 04R-55 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the funding for resurfacing
work completed on Cornhusker Highway between 31st
and 35th Streets (Project No. RD-6-6(1038)).
Attachment (61K)
Fact Sheet (29K)
49) 04R-56 Approving the Edenton Woods Annexation and Zoning
Agreement between the City of Lincoln and Caseyco,
Inc. outlining certain conditions and understandings
with regards to the annexation of 13.3 acres of
property generally located northeast of the
intersection of Ashbrook Drive and Highway 2.
(In connection w/04-52, 04-53, 04R-57, 04R-58)
50) 04R-57 Special Permit No. 1992 - Application of Caseyco
to develop Edenton Woods Community Unit Plan
consisting of 46 single-family and attached
single-family units, with a waiver of the lot
area, on property generally located northeast of
the intersection of Ashbrook Drive and Highway 2.
(In connection w/04-52, 04-53, 04R-56, 04R-58)
Fact Sheet (3.4MB)
51) 04R-58 Preliminary Plat No. 02023 - Accepting and
approving the preliminary plat of Edenton Woods,
creating 46 lots for residential development and
five outlots, with waivers for modification of
turn-arounds for private roadways, to allow lot
lines not radial to roadways, double-frontage
lots, intersection approach grades, sidewalks,
and block length, on property generally located
northeast of the intersection of Ashbrook Drive
and Highway 2. (In connection w/04-52, 04-53,
04R-56, 04R-57)
Fact Sheet (3.4MB)
52) 04R-59 Special Permit No. 1928A - Application of The
Dinerstein Companies to develop Sterling
University Phase 2 Community Unit Plan to add 171
dwelling units for 561 occupants and additional
amenities to the existing student housing project,
with a waiver of the landscape screen, on property
generally located west of North 1st Street and
south of Charleston Street. (In connection
w/04-51, 04R-60)
Fact Sheet (4.3MB)
53) 04R-60 Preliminary Plat No. 03011 - Accepting and
approving the preliminary plat of Outfield Park,
creating five lots and six outlots with waivers to
allow sidewalks on only one side of private
street, public water main adjacent to driveway,
and block length in excess of 1,000 feet, on
property generally located west of North 1st Street
and south of Charleston Street. (In connection
w/04-51, 04R-59)
Fact Sheet (6.7MB)
54) 04R-61 Affirming City Council holidays.
Please note: During the open microphone & registered section of
the agenda, individuals are allowed a total of 5 minutes to speak
whether registered or not regardless of number of topics.
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 (3/24/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (3/29/04).
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA MAY
DO SO AT THIS TIME.
ADJOURNMENT 3:15 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.
***
City Council