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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 20, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Van Eiser, LLC dba Venue for a
Class I liquor license at 4111 Pioneer Woods
Drive. (ADOPTED FOR APPROVAL, 7-0;A-82974)
2) Application of Van Eiser, LLC dba Venue for a
Class K liquor license at 4111 Pioneer Woods
Drive. (ADOPTED FOR APPROVAL, 7-0;A-82975)
3) Manager application of Gregg Alan Vanier for the
Class I and K liquor license of Van Eiser, LLC dba
Venue at 4111 Pioneer Woods Drive. (ADOPTED FOR
APPROVAL, 7-0; A-82976)
4) Application of Katch LLC dba Luckie's Lounge for
an addition of the area which was previously the
motel pool area to its presently licensed premise
at 1101 West Bond. (ADOPTED FOR APPROVAL, 7-0;
A-82977)
5) Manager application of Derek A. Pierson for
Wadsworth Old Chicago Inc. dba Old Chicago at 826
P Street. (ADOPTED FOR APPROVAL, 7-0; A-82978)
6) Application of 1339 O Street Inc. dba Brothers Est
1967 for an addition of an L-shaped outdoor
sidewalk caf‚ area measuring 8' by 59' at the
northeast corner of the building to its presently
licensed premise at 1339 O Street. (AMENDED, 5-2;
MCROY, WERNER DISSENTING; ADOPTED FOR APPROVAL AS
AMENDED, 5-2; COOK, MCROY DISSENTING; A-82979)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 7 THRU
13 HAD 2ND READING; SEE ITEM #9)
7) 04-167 Change of Zone 04054 - Application of Steven Miers
for a change of zone from R-5 to I-1 on
approximately 1.6 acres generally located at 66th
and Vine Streets.
Fact Sheet (276K)
8) 04-168 Street and Alley Vacation 03017 - Vacating the
west 20' of 24th Street between U and Vine Streets
and the north 15' of U Street from 23rd to 24th
Streets. (In connection w/04R-243)
Fact Sheet (232K)
9) 04R-243 Special Permit 04025 - Application of Brighton
Construction Company to develop Liberty Village
Community Unit Plan consisting of 16 single family
dwellings with requested waivers to the required
preliminary plat process, front and side yard
setbacks, storm water detention, minimum lot area,
average lot width, recreation facilities, open
space, and utility easement width, on property
generally located at 24th and Vine Streets.
(In connection w/04-168)
Fact Sheet (432K)
(DELAYED ACTION FOR ONE WEEK TO 9/27/04, 7-0)
10) 04-169 Approving a Sublease Agreement between the City of
Lincoln and Lincoln Action Program for providing
job training and employment services under the
Workforce Investment Act.
Attachment (202K)
Fact Sheet (46K)
11) 04-170 Approving a Communications Site Sublease Agreement
between the City and Wireless Land LP for the
placement of 911 facilities on a City tower in
Saunders County.
Fact Sheet (27K)
Attachment (451K)
12) 04-171 Approving an Antenna Site Lease Agreement between
the City and Norris Public Power District for the
placement of 911 facilities on a City tower in
Hallam, Nebraska.
Fact Sheet (24K)
Attachment (189K)
13) 04-172 Approving a Communications Site License Agreement
between the City and Nextel WIP Lease Corp. for
the placement of 911 facilities on City property
in Ceresco, Nebraska.
Fact Sheet (25K)
Attachment (449K)
PUBLIC HEARING - RESOLUTIONS
14) Application of St. Joseph Catholic Church/School,
1940 S. 77th Street, to conduct a lottery within
the City of Lincoln from October 1, 2004 through
November 14, 2004. (ADOPTED, 7-0; A-82980)
15) 04R-231 Appeal of Alodium LLC to the Arterial Street
Impact Fees imposed for the building located at
6710 L Street. (9/13/04 - Public Hearing &
Action Con't. 1 wk to 9/20/04)
Approval (10K)
Denial (11K)
Attachment (466K)
(ADOPTED FOR DENIAL, 6-1; MCROY DISSENTING; A-82981)
16) 04R-234 Reappointing Carol Ott Schacht to the Community
Health Endowment Board of Trustees for a three-
year term expiring September 1, 2007.
(ADOPTED, 7-0; A-82982)
17) 04R-235 Appointing Stuart R. Long and Dan Senstock to the
Cable Advisory Board for three-year terms expiring
July 1, 2007.
Application (102K)
(ADOPTED, 7-0; A-82983)
18) 04R-236 Appointing Jan Gauger and (Mary) Lynne C.
Schroeder to the Community Development Task Force
for terms expiring August 31, 2005 and
August 31, 2007, respectively.
Application (105K)
(ADOPTED, 7-0; A-82984)
19) 04R-237 Use Permit 123C - Application of North 33rd LLC to
amend Landmark Corporate Center to reduce the rear
yard setback of Lots 11 and 19, Block 2 to
accommodate driving aisles and to reduce the side
yard setback between Lots 10 and 11, Block 2, for
a shared access drive, on property generally
located at North 33rd Street and Folkways
Boulevard.
Fact Sheet (434K)
(ADOPTED, 7-0; A-82985)
20) 04R-238 Adopting the LES Rate Schedules, Service
Regulations and Cost Analysis Summary for Rates
effective October 1, 2004.
Fact Sheet (28K)
(LOST, 3-4; CAMP, FRIENDT, SVOBODA ASSENTING;
38-4484)
21) 04R-240 Use Permit 117A - Application of Security First
Bank to amend Horizon Business Center to allow a
ground sign more than thirty feet from the
building on property generally located at S. 14th
Street and Garrett Lane.
Fact Sheet (496K)
(ADOPTED, 6-1; FRIENDT DISSENTING; A-82986)
22) 04R-241 Special Permit 04035 - Application of Chris Kodad
and Believer's Fellowship Church to develop
Andrea's Court Community Unit Plan consisting of
32 townhouse units and a church, with requested
waivers to eliminate the preliminary plat process,
detention/retention storage for storm water,
sidewalks on both sides of the private roadway,
minimum lot area, cul-de-sac geometry, and the
required yard setbacks, on property generally
located at 40th and Superior Streets.
Fact Sheet (972K)
(DELAYED ONE WEEK W/PUBLIC HEARING & ACTION
ON 9/27/04, 7-0)
23) 04R-242 Approving the 2004 - 2005 City tax rate of .29498
per $100 of assessed valuation which represents a
1.6% increase in the tax rate.
Fact Sheet (27K)
Attachment (45K)
(ADOPTED, 5-2; CAMP, FRIENDT DISSENTING; A-82987)
24) 04R-244 Approving an application of the Parks and
Recreations Department for a grant application to
the Federal Recreational Trails Program to fund
the .35 mile pedestrian/bicycle Tierra Connector
to connect the Rock Island Trail at 27th and
Highway 2 to the Tierra Williamsburg Trail in
Tierra Park at approximately 27th and Tierra
Drive.
Fact Sheet (48K)
(DELAYED ONE WEEK W/PUBLIC HEARING & ACTION
ON 9/27/04, 6-1; WERNER DISSENTING)
25) 04R-245 Approving an application of the Parks and
Recreations Department for a grant application to
the Federal Transportation Enhancement Program to
fund a 2.09 mile pedestrian/bicycle to connect the
Antelope Creek Trail at Old Cheney Road to Highway 2.
Fact Sheet (42K)
(DELAYED ONE WEEK W/PUBLIC HEARING & ACTION ON
9/27/04, 6-1; WERNER DISSENTING)
26) 04R-246 Appointing R. Lynn Wilson to the Auditorium
Advisory Board for a
six-year term expiring August 31, 2010.
Application (128K)
(ADOPTED, 7-0; A-82988)
27) 04R-247 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
August 16 -31, 2004.
Fact Sheet (12K)
Attachment (26K)
(ADOPTED, 7-0; A-82989)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
28) Setting the Hearing Date of Monday, October 4,
2004 at 1:30 p.m. for Application of Slapshotz Bar
& Grill, Inc. dba Slapshotz Bar & Grill for a
Class I liquor license at 1245 Libra Drive, Suite
110. (ADOPTED, 7-0; A-82990)
29) MISCELLANEOUS REFERRALS
Clerk's letter and Mayor's approval of Resolutions
and Ordinances passed by Council on September 13, 2004.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
30) Investment of Funds for the week of August 30
thru September 10, 2004. (ADOPTED, 7-0; A-82991)
31) Informal Petition for a Water Improvement District
to address the needs of properties fronting South 14th
Street between Sumner and Garfield submitted by
Don Wright. (REFERRED TO PUBLIC WORKS)
32) Report of City Treasurer Telecommunication
Occupation Tax for the month of July, 2004:
Alltell Systems of the Midwest, Alltel
Communications of Nebraska, Inc., Alltel Nebraska,
Inc., USCOC of Greater Iowa, Inc., Trans National
Comm. Int'l., Working Assets, Cricket, Primus,
Virgin Mobile USA, Qwest, Verizon Select, CIII
Comm., Global Crossing, Bell Atlantic, VCN,
Nebraska Technology, ACN, OnStar, AT:&T, Star
Number, 36Onetworks, McLeodUSA, Quantum Shift, T-
Netix, United Systems Access, IBM Global,
TracFone, VoiceCom, Inellicall, Cincinnati Bell,
XO Long Distance, Shaffer. (PLACED ON FILE)
33) Report of UNL Microbiologist for water testing for
the month of August, 2004. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 34 & 35 HAD 1ST READING)
34) 04-158 Creating Paving District No. 2629 in a portion of
West Benton Street from the west curb line of
North First Street to the west approximately 600
feet.
Fact Sheet (32K)
35) 04-173 Amending Chapter 5.38 of the Lincoln Municipal
Code relating to motels, hotels, rooming, lodging,
and apartment houses to add definitions of
dwelling unit and rooming unit, to provide for an
annual inspection, to provide for an interior
inspection procedure, and to require tenant
brochures.
Fact Sheet (29K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
36) 04-156 Street and Alley Vacation 04008 -
Vacating 21st Street between Y Street
and the abandoned Missouri Pacific
Railroad right-of-way.
Fact Sheet (751K)
(PASSED, 6-1; WERNER DISSENTING; #18436)
37) 04-161 Change of Zone 04032 - Amending Chapter 27.60 of
the Lincoln Municipal Code relating to the Planned
Unit Development District by revising the
statement of intent of the Planned Unit
Development District; by amending Section
27.60.010 to revise the general purpose; by
amending Section 27.60.020 to delete existing use
regulations and to add general requirements and
development plan requirements for planned unit
developments; by renumbering Section 27.60.035 as
27.60.030 and amending the same to delete existing
requirements regarding the form of a preliminary
plan and to add requirements for the form of a
final planned unit development; by amending
Section 27.60.040 to delete existing requirements
regarding preliminary plan procedures and to add a
process for reviewing applications for a planned
unit development; by adding a new section numbered
27.60.050 to provide requirements for a planned
unit development following approval; by repealing
Section 27.60.055 regarding final plan form; by
repealing Section 27.60.056 regarding final plan
procedure; by amending Section 27.60.060 to delete
the existing language regarding amendment to
planned unit developments and to add new
requirements; by repealing Section 27.60.070
regarding abandonment or failure to proceed with
development of a planned unit development; and
adding a new section numbered 27.60.080 to provide
provisions regarding previously approved planned
unit developments.
Fact Sheet (34K)
(PASSED, 6-1; NEWMAN DISSENTING; #18437)
38) 04-162 Change of Zone 04043 - Amending Title 27 of the
Lincoln Municipal Code to allow churches as a
permitted conditional use in the I-1, I-2 and the
I-3 zoning districts by amending Section 27.47.020
to delete churches from the general use
regulations of the I-1 Industrial District;
amending Section 27.47.035 to add churches as a
permitted conditional use in the I-1 Industrial
District and specifying conditions therefor;
amending Section 27.47.040 to provide that early
childhood care facilities and schools are not a
permitted accessory use to a church in the I-1
Industrial District; amending Section 27.49.020 to
delete churches from the general use regulations
of the I-2 Industrial Park District; amending
Section 27.49.030 to add churches as a permitted
conditional use in the I-2 Industrial Park
District and specifying conditions therefor;
amending Section 27.49.050 to provide that early
childhood care facilities and schools are not a
permitted accessory use to a church in the I-2
Industrial Park District; amending Section
27.51.040 to add churches as a permitted
conditional use in the I-3 Employment Center
District and specifying conditions therefor;
amending Section 27.51.060 to provide that early
childhood care facilities and schools are not a
permitted accessory use to a church in the I-3
Employment Center District.
Fact Sheet (61K)
(PASSED, 6-1; NEWMAN DISSENTING; #18438)
39) 04-163 Change of Zone 04047 - Application of Jerome
Hittner, Michael McKeeman, and Manette Kidney for
a change of zone from AG Agricultural District and
R-3 Residential District to O-2 Suburban Office
District on property generally located at 84th
Street and Old Cheney Road.
Fact Sheet (139K)
(PASSED, 7-0; #18439)
40) 04-164 Change of Zone 04048 - Application of Wilderness
Ridge, LLC for a change of zone from O-3 Office
Park District to R-3 Residential District, on
property generally located southwest of South 27th
Street and Yankee Hill Road. (In connection
w/04R-226, 04R-227)
Fact Sheet (61K)
(PASSED, 7-0; #18440)
41) 04R-226 Special Permit 1692C - Application of Wilderness
Ridge, LLC to amend the Wilderness Ridge Community
Unit Plan to expand the Wilderness Ridge Golf
Course to include a parking lot on property
generally located southwest of South 27th Street
and Yankee Hill Road. (In connection w/04-164,
04R-227) (9/13/04 - Action Delayed 1 wk to
9/20/04)
Fact Sheet (332K)
(ADOPTED, 7-0; A-82992)
42) 04R-227 Use Permit 126B - Application of Wilderness Ridge,
LLC to amend the Wilderness Woods Office Park to
revise the boundaries by removing the area of the
parking lot from the use permit, with a waiver to
reduce the rear yard setback, on property
generally located southwest of South27th Street
and Yankee Hill Road. (In connection w/04-164,
04R-226) (9/13/04 - Action Delayed 1 wk to
9/20/04)
Fact Sheet (258K)
(ADOPTED, 7-0; A-82993)
PENDING LIST - DATE CERTAIN
43) 04R-228 Comp. Plan Amendment 04020 - Amending the Mobility
and Transportation element of the
Lincoln/Lancaster County Comprehensive Plan, to
upgrade existing US Highway 77/West Bypass from an
expressway to a freeway beginning at the planned
South Beltway interchange just south of Saltillo
Road and ending at Interstate 80, to construct new
interchanges at Pioneers Boulevard and Warlick
Boulevard, to close access to US-77 at Rokeby
Road, Yankee Hill Road and Old Cheney Road, and to
change the future functional classification of US-
77 from I-80 to the South Beltway interchange, the
South Beltway and the East Beltway to freeway
status. (9/13/04 - Action Delayed 2 weeks to
9/27/04)
Fact Sheet (464K)
PENDING LIST (EXTENDED ONE WEEK)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 27, 2004 AT 5:30 P.M.:
(APPROVED, 7-0)
52) 04R-248 Approving an Interlocal Agreement between the City
and the Railroad Transportation Safety District
for the replacement of the Harris Overpass on O
Street from 3rd Street to 9th Street (City Project
No. 701781).
Attachment (82K)
Fact Sheet (57K)
53) 04R-249 Approving an Interlocal Agreement between the City
and the Railroad Transportation Safety District
for the Southwest 40th Street, O to A Street Study
Project.
Attachment (66K)
Fact Sheet (59K)
54) 04R-250 Approving an Interlocal Agreement between the City
and the Railroad Transportation Safety District
for the Antelope Valley - Phase 1, Amended Draft
Single Package.
Attachment (52K)
Fact Sheet (60K)
55) 04R-251 Approving an Interlocal Agreement between the City
and the Railroad Transportation Safety District
for the at-grade railroad crossing in A Street at
the Salt Creek Bridge.
Attachment (43K)
Fact Sheet (56K)
56) 04R-252 Comp. Plan Conformance 04004 - Approving
amendments to the Lincoln Center Redevelopment
Plan to establish the Haymarket 7th/8th Street
Core Redevelopment Project in an area generally
bounded by R Street, N. 8th Street, O Street and
N. 7th Street.
Fact Sheet (339K)
57) 04R-253 Approving an Interlocal Agreement between the
City, Lancaster County, and the Village of Malcolm
for the operation of a Keno lottery in Malcolm.
Attachment (87K)
Fact Sheet (85K)
58) 04R-254 Approving a new schedule for wastewater use
charges and approving the issuance of additional
revenue bonds for the Capital Improvements Program
FY 2004-2005 through FY 2009-2010.
Fact Sheet (58K)
59) 04R-255 Approving a new schedule for water use charges and
approving the issuance of additional revenue bonds
for the Capital Improvements Program FY 2004-2005
through FY 2009-2010.
Fact Sheet (62K)
60) 04R-256 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
September 1 - 15, 2004.
Fact Sheet (13K)
Attachment (30K)
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 (9/22/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (9/27/04).
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 7:07 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