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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.  



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