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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 5, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
MAYOR'S AWARD OF EXCELLENCE - DAVE KLUTHE OF THE FIRE
DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Ginger Richardson for 1515
Market Street Inc. dba Airport Inn at 3200 N.W.
12th Street. (ADOPTED FOR APPROVAL, 6-0; A-82675)
2) Manager application of Sheryl L. Spaulding for
Chipotle Mexican Grill of Colorado, L.L.C. dba
Chipotle Mexican Grill at 232 N. 13th Street.
(ADOPTED FOR APPROVAL, 6-0; A-82676)
3) Application of Burnsy's Inc. dba Catering on the
Blvd. for a Class I liquor license at 2602 Park
Blvd. (PUB. HEARING & ACTION DELAYED TO 4/12/04, 6-0)
4) Manager application of Michael F. Burns for
Burnsy's Inc. dba Catering on the Blvd at 2602
Park Blvd. (PUB. HEARING & ACTION DELAYED TO 4/12/04, 6-0)
5) Application of D.B. Associates, Inc. dba The
Steakhouse for a Class C liquor license at 3441
Adams Street. (ADOPTED FOR APPROVAL, 6-0; A-82677)
6) Manager application of James Q. Wulf for D.B.
Associates, Inc. dba The Steakhouse at 3441 Adams
Street. (ADOPTED FOR APPROVAL, 6-0; A-82678)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 THRU 11 HAD 2ND READING)
7) 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)
8) 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)
9) 04-56 Declaring approximately 14,000 square feet of
property generally located at 17th and
Prospect Street as surplus property.
Fact Sheet (138K)
10) 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)
11) 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 proper
generally located at S.W. 27th Street and
West South Street.
Fact Sheet (190K)
PUBLIC HEARING - RESOLUTIONS
12) 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.
(ADOPTED, 6-0; A-82679)
13) 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. (ADOPTED, 6-0; A-82680)
14) 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.
(ADOPTED, 6-0; A-82681)
Attachment (K)
15) 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.
(ADOPTED, 6-0; A-82682)
Fact Sheet (495K)
16) 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.
(ADOPTED, 6-0; A-82683)
Fact Sheet (173K)
PUBLIC HEARING
ORDINANCES - 3RD READING
17) 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)
(PUB. HEARING & ACTION CON'T TO 4/12/04; 6-0)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
18) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
March 29, 2004. (PLACED ON FILE)
Report from City Treasurer Telecommunication Occupation
Tax for the month of January/February, 2004: Network Billing
Systems LLC; February, 2004; Buyers United Inc, Cincinnati
Bell Any Distance Inc, Quest Communications Corp, Verizon
Select Services Inc, Primus Telecommunications Inc,
C III Communications Operations, Working Assets Funding
Service, Global Crossing Telecommunications Inc,
ACN Communication Services Inc, Cricket Communications Inc,
Verizon Long Distance, Touch American Inc, OnStar Corporation,
Quantum Shift Communications, IBM Global Services, One Call Communications, Sprint Communication Company, United Systems
Access Telecom, Liberty Wireless, AT&T Communications of
Midwest, Virgin Mobile USA, T-Netix Telecom Services Inc,
Intellical Operator Services, XO Long Distance Services Inc,
TracFone Wireless Inc, Voicecom Telecommunications, USA Inc,
Norstan Network Services Inc, Telecommunication Company, MCI Telecommunications Corporation, Trans National Communications.
(PLACED ON FILE)
Setting the hearing date of Monday, April 19, 2004 at 1:30 pm
for an Application of Granite City Food & Brewery LTD dba
Granite Food & Brewery for a Class C Liquor License and a
Class L Liquor License at 6150 "O" Street.
(ADOPTED, 6-0; A-82684)
REPORTS OF CITY OFFICERS
19) Report from City Treasurer Telecommunication
Occupation Tax for the month of February, 2004:
Nextel West Corp, Teleco Development Group DE Inc,
Cellular One. (PLACED ON FILE)
20) FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
Special Permit No. 04013 - Requested by United
Presbyterian Welfare Foundation, for a
domiciliary care facility, on property
located at South 33rd Street and
Yankee Hill Road.
Special Permit No. 04014, Whispering Creek
Community Unit Plan - Requested by Patricia
Slaughter and Connie Heier, for 51 single
family lots, with requests to waive
sidewalks, street trees, landscaping screening,
street lighting, block length, and preliminary
plat, on property located at South 112th
Street and Old Cheney Road.
Special Permit No. 04015 - Requested by Yankee
Hill Landscape Company, Inc., for a 15,000
square foot garden center, on property
located at the SW corner of South 120th
Street and Yankee Hill Road.
Special Permit No. 04016 - Requested by Olsson
Associates, for planned service/commercial,
with requests to waive setbacks and to allow
the Planning Director to approve site plans
at the time of the Building Permit, on property
located at North 84th Street and Leighton Avenue.
Special Permit No. 04017 - Requested by U.S. Cellular
Wireless Communications, for a wireless facility,
on property located at 4221 J Street.
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 21 THRU 24 HAD 1ST READING; SEE ITEMS 23 & 24)
21) 04-60 Approving a contract between the City and the
Downtown Lincoln Association to operate and
regulate a mid-week public market in the area
located at 12th Street from Q to R Street and
R Street from 12th to 13th Streets from June
1, 2004 through June 29, 2004.
Fact Sheet (55K)
Attachment (264K)
22) 04-61 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public market
in the Haymarket area, 7th Street from P to Q
Streets and P.
Fact Sheet (27K)
Attachment (326K)
23) 04-62 Accepting and approving City's certifications
as landlord in the Estoppel Certificate and
consenting to the Assignment and Assumption
of the First Amended and Restated Lease and
Operating Agreement - Burnham Yates
Conference Center from Cornhusker Square
Limited Partnership to SHUBH Hotels Lincoln,
L.L.C. or its affiliates. (REQUEST TO HAVE 2ND
& 3RD READING ON 4/12/04; 6-0)
Fact Sheet (26K)
Attachment (717K)
24) 04-63 Approving the Second Amendment to the First
Amended and Restated Lease and Operating
Agreement - Burnham Yates Conference Center.
(REQUEST TO HAVE 2ND & 3RD READING ON 4/12/04; 6-0)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
25) 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 to 4/5/04) (AMENDED, 6-0; PASSED
AS AMENDED, 5-1; DISSENTING: WERNER; #18331)
Fact Sheet (168K)
26) 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) (ACCEPTED SUBSTITUTE ORDINANCE,
6-0; PASSED SUBSTITUTE ORDINANCE, 6-0; #18332)
Fact Sheet (2MB)
27) 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) (3/29/04 - Action Delayed
to 4/5/04) (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0;
A-82685)
Fact Sheet (4.3MB)
28) 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) (3/29/04 - Action Delayed
to 4/5/04) (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0;
A-82686)
Fact Sheet (6.7MB)
29) 04R-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.
(PASSED, 6-0; #18333)
(In connection w/04-53, 04R-56, 04R-57,
04R-58)
30) 04R-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) (PASSED, 6-0; #18334)
Attachment (35K)
Fact Sheet (14K)
31) 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) (3/29/04 - Action Delayed to
4/5/04)(ADOPTED, 6-0; A-82687)
32) 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)
(3/29/04 - Action Delayed to 4/5/04) (ADOPTED, 6-0;
A-82688)
Fact Sheet (3.4MB)
33) 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) (3/29/04 - Action Delayed to
4/5/04) (ADOPTED, 6-0; A-82689)
Fact Sheet (3.4MB)
34) 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.
(PASSED, 6-0; #18335)
Fact Sheet (14K)
RECONSIDERATION OF COUNCIL DENIAL - REQUEST BY APPLICANT
35) 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.
(MOTION TO RECONSIDER FOR PUB. HEARING &
ACTION ON 4/12/04, 5-1; DISSENTING: COOK)
36) Manager application of Duane L. Hartman for DLH,
Inc. dba Coaches Sports Bar & Grill at 640 W.
Prospector Court. (MOTION TO RECONSIDER FOR
PUB. HEARING & ACTION ON 4/12/04, 5-1;
DISSENTING: COOK)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
37) 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)
38) 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.
(In connection w/00-65) (4/17/00 -
Placed on Pending)(3/5/01 - Placed on Pending)
Fact Sheet (949K)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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 12, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
47) 04R-68 Reappointing Terry Werner to the Utility Billing
Check-Off Program Board (Lincoln Cares Program)
for a one-year term expiring August 31, 2004.
48) 04R-69 Reappointing Terry Werner to the Joint Budget
Committee for a two-year term expiring August 31,
2005.
49) 04R-70 Reappointing Glenn Friendt, Jonathan Cook, and Ken
Svoboda to the Railroad Transportation Safety
District for one-year terms expiring August 31,
2004.
50) 04R-71 Appointing Annette C. Durham to the Lincoln
Housing Authority Board to fill an unexpired term
expiring July 1, 2005.
51) 04R-72 Appointing Cindy M. Wostrel to the Community
Forestry Advisory Board to fill an unexpired term
expiring August 17, 2004.
52) 04R-73 Approving a four year contract between the City
and Von Busch and Sons Refuse to collect
recyclables deposited at the City-sponsored
recycling drop-off sites.
Fact Sheet (59K)
53) 04R-74 Special Permit 730638B - Application of West
Point, L.L.C to expand an existing parking lot in
a residential district on property generally
located at S. 55th Street and Saylor Street.
Fact Sheet (364K)
54) 04R-75 Waiving the right of the City to object to the
validity of the conveyance of Lot 1, Block 1, NBC
Bank Addition, except the east 142 feet thereof,
from Wells Fargo Bank to Hastings State Bank on
the grounds that the conveyance failed to comply
with the requirements relating to subdivision
approval.
55) 04R-76 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, 2004.
Attachment (29K)
Fact Sheet (14K)
56) 04R-77 Approving a five-year advertising agreement
between the City and Bristol Windows for
advertising rights on the electronic message
systems at Pershing Municipal Auditorium at 15th
and N Streets.
Fact Sheet (51K)
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 (4/7/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/12/04).
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 3:45 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