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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE
HELD MONDAY, FEBRUARY 2, 2004 AT 1:30 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 Carroll R. Burns for Eagles Frat
Order 147 at 500 W. Industrial Lake Drive.
(ADOPTED FOR APPROVAL, 7-0; A-82559)
2) Application of Fast Break, Inc. dba Fast Break #1 for a
Class B (Beer Off-Sale) liquor license at 4801 Randolph
Street. (ADOPTED FOR APPROVAL, 7-0; A-82560)
3) Manager application of Ronald E. French for Fast Break,
Inc. dba Fast Break #1 at 4801 Randolph Street.
(ADOPTED FOR APPROVAL, 7-0; A-82561)
4) Application of Ernie's FB, LLC dba Ernie's Fast Break
for a Class B (Beer Off-Sale) liquor license at 7000 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-82562)
5) Manager application of Earnest E. Shipe for Ernie's FB,
LLC dba Ernie's Fast Break at 7000 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-82563)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 6 THRU 11 HAD 2ND READING; SEE ITEMS 6 & 7)
6) 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) (ACTION DELAYED TO 2/23/04, 7-0)
Fact Sheet (485K)
7) 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)
(PUBLIC HEARING AND ACTION CONT. TO 3/1/04, 7-0)
Fact Sheet (826K)
8) 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)
9) 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)
10) 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)
11) 04-17 Adopted the supplements to the Lincoln Municipal Code
dated June, 2003 and December 2003 as part of the official
Lincoln Municipal Code.
PUBLIC HEARING - RESOLUTIONS
12) 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) (ACTION DELAYED TO 2/23/04, 7-0)
Fact Sheet (459K)
13) 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) (PUBLIC HEARING AND ACTION CONT. TO 3/1/04, 7-0)
Fact Sheet (784K)
14) 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) (PUBLIC HEARING AND ACTION CONT. TO 3/1/04, 7-0)
Fact Sheet (762K)
15) 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.
(AMENDED, 7-0; ADOPTED AS AMENDED, 5-2; CAMP & SVOBODA
DISSENTING; A-82564)
Fact Sheet (479K)
16) 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. (ADOPTED, 7-0; A-82565)
Fact Sheet (373K)
17) 04R-16 Authorizing an agreement between the City and Midland Recycling
for government building and special event recycling services.
(ADOPTED, 7-0; A-82566)
Fact Sheet (59K)
18) 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)
(ACTION DELAYED TO 2/9/04, 7-0)
Fact Sheet (632K)
19) 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 3140 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. (ADOPTED, 6-1; WERNER DISSENTING; A-82567)
20) 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. (ADOPTED, 7-0; A-82568)
Fact Sheet (15K)
Attachment (33K)
21) 04R-20 Approving a contract between the City and Alltel for acquisition
of Plant Equipment for the 911 Communications Center.
(ADOPTED, 7-0; A-82569)
Fact Sheet (14K)
Attachment (260K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
22) The Lincoln Commission Human Rights 2003 Annual Report.
(PLACED ON FILE)
23) MISCELLANEOUS REFERRALS
Report from city Treasurer Telecommunication occupation
Tax for the months of October thru December, 2003: Voice
Stream PSCI LLC, Fast Phones of Nebraska Corp.; December,
2003: Sprint Spectrum LP, Affinity Network Inc, Sprint
Communication Company, Zone Telecom Inc, WorldXchange Corp.,
Nextel Partners. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
24) Clerk's letter and Mayor's approval of ordinances and
resolutions passed by council on January 26, 2004. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 25 AND 26 HAD 1ST READING)
25) 04-18 Change of Zone 3430 - Application of Ridge Development Co. and
Superior Point Partners for a change of zone from R-3 Residential
and B-2 Planned Neighborhood Business to B-5 Planned Regional
Business on property generally located at N. 27th Street and
Folkways Boulevard. (In connection w/04R-23)
Fact Sheet (213K)
26) 04-20 Street and Alley Vacation 03016 - Vacating all of Telluride
Circle generally located one block south of Fletcher Avenue and
one block west of North 27th Street.
Fact Sheet (217K)
ORDINANCES - 3RD READING
27) 04-1 Approving a four-year Financial Consulting Service Agreement
between the City and Ameritas Investment Corp.
(PASSED, 7-0; #18298)
Fact Sheet (57K)
Attachment (490K)
28) 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.
(PASSED, 7-0; #18299)
Fact Sheet (547K)
29) 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. (PASSED, 7-0; #18300)
Fact Sheet (608K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED 1 WEEK)
30) 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. (4/17/00 - Placed on
Pending)(In connection w/00-67) (3/5/01 - Placed on Pending)
Fact Sheet (1.4M)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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 9, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
40) 04R-21 Approving a multi-year contract with funding from more than one fiscal
CIP budget year for City Project No. 700078, Vine Street, 22nd to
27th Streets.
Fact Sheet (59K)
41) 04R-22 Authorizing the use of the public right-of-way for installation of
a 3" conduit for fiber optic cable and copper wire for connecting
telecommunication and network data between TMI property at 421 S.
9th Street and 830 L Street, and rescinding Resolution No. A-82476.
Fact Sheet (K)
Attachment (140K)
42) 04R-23 Use Permit 57D - Application of Ridge Development Company and Superior
Point Partners to amend Lincoln Crossings use permit to increase the
boundary and floor area, and to modify the required front yard setback
along Folkways Blvd. and the setback from the residential district, on
property generally located at N. 27th Street and Folkways Blvd.
(In connection w/04-18)
Fact Sheet (374K)
43) 04R-24 Reappointing Steve Masters to the District Energy Corporation for a
two-year term expiring December 31, 2005.
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 (2/4/04) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (2/9/04).
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 6:04P.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.
***
City Council