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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.

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                    The City Council Meeting 
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