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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 29, 2004 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Four Suns Restaurant, Inc. dba Four
Suns Restaurant for a Class I (spirits, wine,
beer, on sale) liquor license at 3239 S. 13th
Street. (ADOPTED FOR APPROVAL, 7-0; A-82657)
2) Manager application of Pimpa Mills for Four Suns
Restaurant, Inc. dba Four Suns Restaurant at 3239
S. 13th Street. (ADOPTED FOR APPROVAL, 7-0; A-82658)
3) Application of DLH, Inc. dba Coaches Sports Bar &
Grill for a Class I (spirits, wine, beer, on sale)
liquor license at 640 W. Prospector Court. (ADOPTED FOR
DENIAL, 6-1; DISSENTING: SVOBODA; A-82659)
4) Manager application of Duane L. Hartman for DLH,
Inc. dba Coaches Sports Bar & Grill at 640 W.
Prospector Court. (ADOPTED FOR DENIAL, 6-1;
DISSENTING: SVOBODA; A-82660)
5) Manager application of Michael K. Rice for RT
Omaha Franchise, LLC dba Ruby Tuesday at 2700
North Hill Road. (ADOPTED FOR APPROVAL, 7-0; A-82661)
6) Application of Jason T. Kuhr dba Main St. Cafe‚ for
a liquor catering license at 1325 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-82662)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 THRU 13 HAD 2ND READING; SEE ITEMS 7, 8 & 9)
7) 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. (WITHDRAWN, 7-0; #38-4464)
Fact Sheet (59K)
8) 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.
(WITHDRAWN, 7-0; #38-4465)
Fact Sheet (57K)
9) 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.
(WITHDRAWN, 7-0; #38-4466)
Fact Sheet (59K)
10) 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)
11) 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)
12) 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)
13) 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)
PUBLIC HEARING - RESOLUTIONS
14) 04R-52 Reappointing Russ Bayer and Gary "Randy" Boldt to
the Emergency Medical Services Board for a three-
year term expiring March 28, 2007.
(ADOPTED, 7-0; A-82663)
15) 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. (ADOPTED, 7-0; A-82664)
Attachment (35K)
Fact Sheet (14K)
16) 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.
(ADOPTED, 7-0; A-82665)
Attachment (476K)
Fact Sheet (66K)
17) 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)). (ADOPTED, 7-0; A-82666)
Attachment (61K)
Fact Sheet (29K)
18) 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) (ACTION DELAYED FOR 1 WEEK TO 4/5/04, 7-0)
19) 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) (ACTION DELAYED FOR 1 WEEK TO 4/5/04, 7-0)
Fact Sheet (3.4MB)
20) 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) (ACTION DELAYED FOR 1 WEEK TO 4/5/04, 7-0)
Fact Sheet (3.4MB)
21) 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 North1st Street and
south of Charleston Street. (In connection
w/04-51, 04R-60) (ACTION DELAYED FOR 1 WEEK
TO 4/5/04, 7-0)
Fact Sheet (4.3MB)
22) 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 North1st Street
and south of Charleston Street. (In connection
w/04-51, 04R-59) (ACTION DELAYED FOR 1 WEEK
TO 4/5/04, 7-0)
Fact Sheet (6.7MB)
23) 04R-61 Affirming City Council holidays.
(ADOPTED, 6-1; DISSENTING: WERNER; A-82667)
PUBLIC HEARING
ORDINANCES - 3RD READING
24) 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. (3/22/04 - Action Delayed w/ con't
Public Hearing on 3/29/04) (AMENDED, 7-0;
PASSED AS AMENDED, 7-0; #18328)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
25) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
March 22, 2004. (PLACED ON FILE)
Investment of Funds for the week of March 22 thru
March 26, 2004. (ADOPTED, 7-0; A-82668)
Report from City Treasurer Telecommunication
Occupation Tax for the month of February, 2004:
Guaranteed Phone Service, D&D Communications Inc.
(PLACED ON FILE)
Setting the hearing date of Monday, April 12, 2004
at 1:30 pm for an Application of CCW LLC dba Huhot
Mongolian Grill for a Class J Liquor License at
201 N. 66th Street. (ADOPTED, 7-0; A-82669)
Setting the hearing date of Monday, April 12, 2004
at 1:30 pm for an Application of Nash Finch Company
dba Sunmart #025 for a Catering Liquor License at
1340 West "O" Street. (ADOPTED, 7-0; A-82670)
Setting the hearing date of Monday, April 12, 2004
at 1:30 pm for an Application of Salem Oil Company
dba Yankee Hill Amoco for a Class B Liquor License
and a Class K Liquor License at 630 West Prospector
Court. (ADOPTED, 7-0; A-82671)
REPORTS OF CITY OFFICERS
26) Report from City Treasurer Telecommunication
Occupation Tax for the month of February, 2004:
Excel Telecommunications Inc, VarTec Telecom Inc,
Lightyear Communications Inc, Worldxchange Corp,
Sprint Spectrum L.P., Nosva Limited Partnership,
Affinity Network Inc, Globalcom Inc, Telecorp
Communications Inc, Zone Telecom Inc, Nos
Communications Inc, Tri-M Communications Inc, GTC
Telecom Corp, ATT Wireless Services. (PLACED ON
FILE)
27) Report from City Treasurer of Franchise Tax for
the month of February, 2004 from Aquila.
(PLACED ON FILE)
28) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month of ended February, 2004.
(ADOPTED, 7-0; A-82672)
29) Investment of Funds for the week of March 15 thru
March 19, 2004. (ADOPTED, 7-0; A-82673)
30) Setting the hearing date of Monday, April 12,
2004, at 1:30 pm for an Application of Robot
Venus Inc. dba Baciami for a Class C Liquor
License at 301 N. 8th Street.
(ADOPTED, 7-0; A-82674)
31) FOLLOWING WERE REFERRED TO THE PUBLIC WORKS
DEPARTMENT:
Request for a Lighting District in West Charleston
Street, northwest from North 1st Street and
continuing to the existing cul-de-sac at the
west end of West Charleston Street.
Request for Gap Paving in North 57th Street, Fremont
to Hartley Streets signed by Jack & Wyona
Markwardt and Mr. and Mrs. Wayne Roland.
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 32 THRU 36 HAD 1ST READING)
32) 04-59 Approving a Sublease Agreement between the
City and Experience Works for providing job
training and employment services under the
Workforce Investment Act.
Fact Sheet (41K)
Attachment (259K)
33) 04-55 Street Name Change 04002 - Renaming Fischer
Drive to Cotswold Lane in Heritage Lakes 1st
Addition, generally located at S. 95th Street
and Pine Lake Road.
Fact Sheet (63K)
34) 04-56 Declaring approximately 14,000 square feet of
property generally located at 17th and
Prospect Street as surplus property.
Fact Sheet (138K)
35) 04-57 Change of Zone 04008 - Amending Section
27.28.080 of the Lincoln Municipal Code to
revise the parking requirements in the R-T
Residential Transition District to allow
parking lots closer than 20 feet to a
residential district when abutting a non-
residential use.
Fact Sheet (76K)
36) 04-58 Change of Zone 04012 - Application of
Hartland Homes, Inc. for a change of zone
from AGR Agricultural Residential District to
R-3 Residential District on property
generally located at S.W. 27th Street and
West South Street.
Fact Sheet (190K)
ORDINANCES - 3RD READING
37) 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) (ACTION DELAYED FOR 1 WEEK
TO 4/5/04, 7-0)
Fact Sheet (168K)
38) 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. (PASSED, 7-0; #18329)
Fact Sheet (59K)
39) 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.
(PASSED, 7-0; #18330)
Fact Sheet (137K)
PENDING LIST - DATE CERTAIN
40) 04-21 Amending Title 12 of the Lincoln Municipal
Code relating to Parks by adding a new
Chapter 12.22, Enhanced Median, Roundabout,
a 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; SEE ITEMS 47 & 48)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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) (REFERRED
BACK TO PLANNING COMMISSION, 7-0)
Fact Sheet (241K)
48) 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) (WITHDRAWN, 7-0;
#38-4467)
49) 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)
50) 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)
51) 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)
52) 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, APRIL 5, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
53) 04R-63 Reappointing Kate Kulesher and Dr. Lisa Peterson
to the Lincoln-Lancaster County Board of Health
for a three-year term expiring April 15, 2007.
54) 04R-64 Reappointing Roberta Stick, Holly Burns, Kathleen
Uhrmacher, and Bridget Christensen to the Lincoln-
Lancaster Women's Commission for a two-year term
expiring March 1, 2006.
55) 04R-65 Appointing Elizabeth Rodacker, Danja M. Siders,
and Jeri L. Bradt to the Lincoln-Lancaster Women's
Commission for terms expiring March 1, 2006, March
1, 2006, and March 1, 2005, respectively.
Attachment (K)
56) 04R-66 Special Permit 04001 - Application of US Cellular
Wireless Communications for authority to construct
a 155' monopole for wireless facilities, with
waiver to the required fall zone and landscaping,
on property generally located one-half mile north
of the intersection of N. 70th and Fletcher Ave.
Fact Sheet (495K)
57) 04R-67 Special Permit 04010 - Application of Potential
II, L.L.C. for authority to sell alcoholic
beverages for consumption on the premises on
property generally located at 7301 S. 27th Street.
Fact Sheet (173K)
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 (3/31/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/5/04).
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 7:45 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.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at: lincoln.ne.gov
***
City Council