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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, JANUARY 26, 2004 AT 5:30 P.M.
ALL MEMBERS PRESENT
NOTE: THERE WILL BE NO CITY COUNCIL MEETING THE WEEK OF
FEBRUARY 16, 2004.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of David M. Soflin for Hinky Dinky
Lincoln #9 LLC dba Sunmart #738 at 2145 S. 17th Street.
(ADOPTED FOR APPROVAL, 7-0; A-82546)
2) Manager application of Marty L. Dlouhy for B&R Stores,
Inc. dba Russ's Bishop Heights IGA at 4200 S. 27th Street.
(ADOPTED FOR APPROVAL, 7-0; A-82547)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 3 THRU 5 HAD 2ND READING)
3) 04-1 Approving a four-year Financial Consulting Service
Agreement between the City and Ameritas Investment Corp.
Fact Sheet (57K)
Attachment (490K)
4) 04-10 Street Name Change 03008 - Naming the new street
constructed as part of the A Street Overpass Project
as S.W. 1st Street, generally located at S.W. 1st
and West A Streets.
Fact Sheet (547K)
5) 04-11 Street and Alley Vacation 03012 - Vacating the east-west
alley in Block 1, Tresters Addition, from the east line
of N. 26th Street to the west line of N. 27th Street,
on property generally located at N. 27th and Y Streets.
Fact Sheet (608K)
PUBLIC HEARING - RESOLUTIONS
6) Application of Nebraska Agri-Business Association at 1335
H Street, Suite 100, to conduct a raffle within the City
of Lincoln from January 27, 2004 through January 29, 2004.
(ADOPTED, 7-0; A-82548)
7) Application of St. Patrick's Church at 6126 Morrill
Avenue to conduct a lottery within the City of Lincoln
from January 30, 2004 through March 17, 2004.
(ADOPTED, 7-0; A-82549)
8) 04R-6 Approving Bob's Gridiron Grille & Pigskin Pub at 4201
S. 27th Street as a Keno satellite site.
(ADOPTED, 7-0; A-82550)
9) 04R-7 Special Permit 2043 - Application of Papke's, Inc. for
authority to sell alcoholic beverages for consumption
on the premises on property generally located at 6112
Havelock Avenue. (ADOPTED, 7-0; A-82551)
Fact Sheet (621K)
10) 04R-8 Special Permit 2031 - Application of Pearle F. Finigan to
develop Finigan 2nd Addition Community Unit Plan for four
acreage residential units, including waivers to the yard
setbacks, minimum lot area, ornamental street lighting,
sidewalks, street trees, landscape screen, and stormwater
detention, on property generally located northwest of the
intersection of N. 84th Street and Waverly Road.
(ADOPTED, 6-1; NEWMAN DISSENTING; A-82552)
Fact Sheet (828K)
11) 04R-9 Reappointing Michael Ayars and Jerry Shoecraft to the
Lincoln Electric System Administrative Board for
three-year terms expiring December 31, 2006.
(ADOPTED, 7-0; A-82553)
12) 04R-10 Appointing Kathy Campbell to the Lincoln Electric System
Administrative Board for a three-year term expiring
December 31, 2006. (ADOPTED, 7-0; A-82554)
Application (176K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
13) Informal Petition to create a water district for lots 2,
3, 4, 5 and 7 of Stevens Ridge Estates submitted by Mark
and Deanna Hutchins. (REFERRED TO PUBLIC WORKS)
14) Report of UNL Microbiologist for water testing for the
month of December, 2003. (PLACED ON FILE)
15) Setting the hearing date of Monday, February 9, 2004, at
1:30 pm for App. of R Fox, Inc. dba Red Fox Steak House
of a request for addition to their establishment at 1339
West "O" Street. (ADOPTED, 7-0; A-82555)
16) Setting the hearing date of Monday, February 9, 2004, at
1:30 pm for App. of Ramos Pizza Inc. dba Ramos Pizza Pub
Buster's BBQ for a Class I Liquor License at 2435
South 48th Street. (ADOPTED, 7-0; A-82556)
17) MISCELLANEOUS REFERRALS
Report from city Treasurer Telecommunication occupation
Tax for the months of October thru December, 2003: Birch
Telecom Inc, Claricom Networks LLC, Matrix Telecom Inc;
November, 2003: NE Tech & Telecom Inc, Cincinnati Bell;
December, 2003: Aquila, Nextel West Corp, NOS Comm Inc,
Cellular One, Lightyear Comm Inc, Touch 1 Comm Inc,
D & D Comm Inc, LDMI Telecom Inc, Globalcom Inc, Tri-M
Comm Inc, ATS Mobile Telephone Co, Telecorp Comm Inc,
ATT Wireless PCS LLC, NOSVA Limited Partnership, GTC
Telecom Corp, Excel Telecom Inc, VarTec Telecom Inc,
and Business Telecom, Inc. (PLACED ON FILE)
Report from City Treasurer of Franchise tax for the
month of December, 2003 from Aquila. (PLACED ON FILE)
Informal Petition to create water district for the
property at 2400 South Folsom Court that was included
in the Yankee Hill Annexation submitted by Michael
Jorgensen of Steel Fabricators Inc.
(REFERRED TO PUBLIC WORKS)
Informal Petition to create alley re-paving district
between 16th to 17th and from "O" to "P" Street,
East/West alley submitted by Monte D. Wilson of
Nebraska Mattress Company. (REFERRED TO PUBLIC WORKS)
Report from City Treasurer of City Cash on hand
at the close of business December 31, 2003.
(PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO PLANNING DEPARTMENT:
Change of Zone HP 79 - App. of Alpha Xi Delta Building
Association, from B-4 to B-4 with a landmark
designation on property generally located at
N. 16th Street and "R" Street.
Change of Zone HP 80 - App. of Michael and Carol James,
from R-5 to R-5 with a landmark designation on
property located at 145 S. 28th Street.
Change of Zone 3421 - App. of Chameleon & Co. from
H-3 Highway Commercial District to R-3 Residential
District, on property generally located at N. 1st
Street and W. Charleston Street.
Change of Zone 04003 - App. of Director of Planning to
amend Sections 27.63.680 and 27.63.685 of the LMC
relating to the sale of alcoholic beverages for
consumption on the and off the premises and to
delete provisions prohibiting approval of the
special permits by the Planning Commission, and
repealing Sections 27.63.680 and 27.63.685 of
the LMC as hitherto existing.
Special Permit 1928A - App. of Chameleon & Co.,
Dinerstein Company, and Dr. Robert White, amendment
to the Oak Creek Apartments Community Unit Plan
to add approximately 172 units, with a request
to waive landscape screening, on property
generally located at N. 1st Street and W.
Charleston Street.
Special Permit 04001 - App. of U.S. Cellular Wireless
Communications for a wireless facility with
a request to waive landscape screening on
property generally located at N. 70th Street
and Fletcher Avenue.
Special Permit 04002 - App. of Mark Seacrest of Sunrise
Coffee Co., for the authority to sell alcoholic
beverages for consumption on the premises, on
property located at 1265 S. Cotner Boulevard.
Investment of funds for January 12 thru January 23, 2004.
(ADOPTED, 7-0; A-82558)
REPORTS OF CITY OFFICERS
18) Clerk's letter and Mayor's approval of ordinances and
resolutions passed by council on January 12, 2004.
(PLACED ON FILE)
19) Investment of funds for January 5 thru January 9, 2004.
(ADOPTED, 7-0; A-82557)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 20 THRU 25 HAD 1ST READING)
20) 04-12 Change of Zone 3428 - Amending Title 27 of the Lincoln
Municipal Code by adding new Sections 27.11.090, 27.13.090,
and 27.15.090 to require applications for building permits
for new construction of principal buildings on property
located within the R-1, R-2, and R-3 Residential Districts,
respectively, and located within the City limits as of
December 31, 1949, to comply with the Neighborhood Design
Standards; amending Sections 27.17.090, 27.19.090, 27.21.090,
27.23.090, and 27.24.090 to provide that the Neighborhood Design
Standards shall apply to applications for building permits
for new construction of principal buildings on property located
within the R-4, R-5, R-6, R-7, and R-8 Residential Districts,
respectively, and located within the City limits as of
December 31, 1949. (In connection w/04R-11)
Fact Sheet (485K)
21) 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. (In connection w/04R-12, 04R-13)
Fact Sheet (826K)
22) 04-14 Change of Zone 3431 - Amending Title 27 of the Lincoln
Municipal Code by amending Section 27.03.470 to include
"medical testing laboratory" in the definition of "office
building"; amending Sections 27.27.030, 27.28.040, and
27.37.020, to eliminate medical testing laboratories as a
permitted use or special permit use in the O-3 Office Park
District, R-T Residential Transition District, and B-5 Planned
Regional Business District, respectively; and amending Section
27.63.390 to eliminate medical testing laboratories as a special
permitted use in the O-3 zoning district.
Fact Sheet (53K)
23) 04-15 Change of Zone 3432 - Application of Yasufuku USA, Inc. for
a change of zone from H-3 Highway Commercial District to
I-2 Industrial Park District on property generally located
at N.W. 12th Street and West Bond Circle.
Fact Sheet (158K)
24) 04-16 Change of Zone 3433 - Application of Gallup, Inc. for a
change of zone from R-4 Residential District to O-3
Office Park District, on property generally located at
Haverford Drive and L Street. (In connection w/04R-17)
Fact Sheet (514K)
25) 04-17 Adopted the supplements to the Lincoln Municipal Code dated
June, 2003 and December 2003 as part of the official
Lincoln Municipal Code.
ORDINANCES - 3RD READING
26) 03-187 Authorizing and providing for the issuance of highway
allocation fund pledge bonds of the City of Lincoln,
Nebraska in an amount not to exceed $35,000,000.
(12/22/03 - Con't. P.H. to 1/5/04) (1/5/04 - P.H.
with Action con't. to 1/12/04) Substitute Ordinance
(1/12/04 - Delay Action to 1/26/04) (PASSED, 7-0; 18290)
Substitute Ordinance (94K)
27) 03-130 Amending the Lincoln Corporate Limits Map by annexing
approximately 186.7 acres of property generally located
east of South 84th Street between Old Cheney Road and
Pine Lake Road. (8/25/03 - Public Hearing Con't.
To 1/12/04) (PASSED, 7-0; 18291)
Fact Sheet (974K)
Attachment (31K)
28) 04-2 Approving a transfer of appropriations within the
Parks and Recreation Capital Improvement Program Athletic
Funds in the amount of $75,000 from Business Unit 409374.6138
Uni Ballfield Lighting to Business Unit 409312.6138 Ballfield
Renovation to purchase Agra Lime for improved drainage to
fields at Elk, Holmes, Densmore and Mahoney Parks.
(PASSED, 7-0; 18292)
29) 04-4 Change of Zone 3424 - Application of Everett Neighborhood
Association for a change of zone from R-4 Residential,
R-5 Residential, R-6 Residential and B-3 Commercial to
R-2 Residential, on property generally located between
9th and 13th Streets, from Washington to South Streets.
(AMENDED, 6-1; CAMP DISSENTING; PASSED AS AMENDED,
7-0; 18293)
Fact Sheet (828K)
30) 04-5 Street Name Change 03006 - Naming the stub streets on
O Street near 63rd Street as North 63rd Street and
South 63rd Street and naming the stub streets on O Street
near 68th Street as North 68th Street and South 68th Street.
(PASSED, 7-0; 18294)
Fact Sheet (459K)
31) 04-7 Amending Section 14.80.110 of the Lincoln Municipal Code
relating to snow and ice removal to provide that the
Sidewalk Inspector shall place a written notice on the
front door or other conspicuous place on the property
ordering the sidewalks along the same or any portion
thereof to be cleared immediately and providing a deadline
to complete the same of not less than twelve hours
after posting the same. (PASSED, 7-0; 18295)
32) 04-8 Approving a five year/5,000 hour lease-purchase agreement
between the City and Deere Credit Inc. for a 90 horse power
class backhoe loader for use by the Public Works and
Utilities Water Division in construction and maintenance
projects. (PASSED, 7-0; 18296)
Fact Sheet (56K)
Attachment (278K)
33) 04-9 Approving a five year/5,000 hour lease-purchase agreement
between the City and Deere Credit Inc. for an articulated
frame four-wheel drive motor grader for use by the Parks
and Recreation Department in construction and
maintenance projects. (PASSED, 7-0; 18297)
Fact Sheet (56K)
Attachment (251K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED 1 WEEK)
34) 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)
35) 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)
36) 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)
37) 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)
38) 02R-20 Directing submittal to the qualified electors of
the city a proposed Charter amendment to Article IV,
Section 7, to allow the council, by ordinance, to change
the compensation of council members and to provide that
no increase in compensation shall become effective during
the council term in which voted.
(2/25/02 - Placed on pending indefinitely)
Fact Sheet (4K)
39) 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)
40) 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)
41) 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)
42) 03-65 Amending Chapter 4.62 of the Lincoln Municipal Code to
establish a Police and Fire Pension Plan Board of
Trustees to provide oversight and direction with regard
to the investment of the assets of the Police and Fire
Pension Plans. (05/05/03 - Placed on Pending)
43) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, FEBRUARY 2, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
44) 04R-11 Miscellaneous 03013 - Amending Chapter 3.75 of the
Lincoln Design Standards to be consistent with the
amendment to Lincoln Municipal Code Title 27 requiring
applications for building permits for new construction
of principal buildings located on land within the R-1
through R-8 Residential Districts to comply with the
Neighborhood Design Standards. In connection w/04-12)
Fact Sheet (459K)
45) 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)
Fact Sheet (784K)
46) 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)
Fact Sheet (762K)
47) 04R-14 Waiver 03014 - Approving waivers of the land subdivision
requirements associated with Spilkers 4th Addition requiring
street improvements on N. 33rd Street to meet urban standards,
that each lot have access and frontage to a public or private
road, construction of a public water distribution system, and
construction of a public sanitary sewer system, on property
generally located at N. 33rd Street and Gladstone Street.
Fact Sheet (479K)
48) 04R-15 Special Permit 1598A - Application of Northern Lights LLC
and Clayton Yeutter Trust to amend Northern Lights Community
Unit Plan to change the approved multi-family units to
townhouse units, to waive the requirement to submit a
preliminary plat and to waive land subdivision and zoning
ordinance requirements regarding drive platform standards,
lot depth to width ratio, front yard setback, block length,
turnaround radius, and landscape screen, on property generally
located at N. 84th and Holdrege Streets.
Fact Sheet (373K)
49) 04R-16 Authorizing an agreement between the City and Midland Recycling
for government building and special event recycling services.
Fact Sheet (59K)
50) 04R-17 Use Permit 33C - Application of Gallup, Inc. to add two lots to
boundaries of an existing use permit for construction of an
office building on property generally located at Haverford
Drive and L Street. (In connection w/04-16)
Fact Sheet (632K)
51) 04R-18 Authorizing the City of Lincoln, County of Lancaster, and
the Lincoln-Lancaster County Public Building Commission
individually or jointly to begin the process of a Request
for Proposals to ascertain the cost of an expansion of the
Health Department, at 3240 N Street, including an east
parking lot, a full third-floor shell, U-turn capabilities
on 33rd and O Street, and restructuring the south parking lots.
52) 04R-19 Accepting the report of new and pending claims against the
City and approving disposition of claims set forth therein
for the period of January 1 - 15, 2004.
Fact Sheet (15K)
Attachment (33K)
53) 04R-20 Approving a contract between the City and Alltel for
acquisition of Plant Equipment for the 911 Communications Center.
Fact Sheet (14K)
Attachment (260K)
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 (1/28/04) PRIOR TO THE NEXT FORMAL
CITY COUNCIL MEETING (2/2/04).
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 6:30P.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:
http://www.lincoln.ne.gov
***
City Council