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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 9, 2004 AT 1:30 P.M.
NOTE: THERE WILL BE NO CITY COUNCIL MEETING THE WEEK OF
FEBRUARY 16 2004.
ALL PRESENT EXCEPT FRIENDT & WERNER
MAYOR'S AWARD OF EXCELLENCE - DODI L. WARNE OF THE RECORDS DEPT. AT THE POLICE DEPT. IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Ramos Pizza Inc. dba Ramos Pizza Pub
Busters BBQ for a Class I (spirits, wine, beer, on-
sale) liquor license at 2435 S. 48th Street.
(ADOPTED FOR APPROVAL, 5-0; A-82570)
2) Manager application of Lawrence L. Lind for Ramos
Pizza, Inc. dba Ramos Pizza Pub Busters at 2435 S. 48th
Street. (ADOPTED FOR APPROVAL, 5-0; A-82571)
3) Application of R Fox, Inc. dba Red Fox Steak House to
expand their existing Class I (spirits, wine, beer, on-
sale) liquor license by the addition of an inside area
measuring 33 feet by 40 feet and an outside area
measuring 30 feet by 50 feet at 1339 West O Street.
(ADOPTED FOR APPROVAL, 5-0; A-82572)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 4 AND 5 HAD 2ND READING)
4) 04-12 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 (485K)
5) 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)
PUBLIC HEARING - RESOLUTIONS
6) 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)
(ADOPTED, 5-0; A-82573)
7) 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.
Attachment (140K)
(ADOPTED, 5-0; A-82574)
8) 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)
(ACTION DELAYED TO 2/23/04, 5-0)
9) 04R-24 Reappointing Steve Masters to the District Energy
Corporation for a two-year term expiring December
31, 2005. (ADOPTED, 5-0; A-82575)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
10) Setting a hearing date of Monday, March 1,
2004, at 1:30 p.m. on the Appeal of Impact
Fee Determination by Kelvin Korver for
property located at South 91st Street and
Highway 2, Lots 108 and 109, I.T. located
in Section 23, Township 9 North, Range 7
East of the 6th P.M., Lancaster County, Nebraska.
(APPROVED, 5-0)
11) Setting the hearing date of Monday, March 1, 2004
at 1:30 p.m. for App. of 1339 "O" Street Inc. dba
"Brothers Est 1967" for a Class "C" liquor license
at 1339 O Street. (ADOPTED, 5-0; A-82576)
12) Setting the hearing date of Monday, March 1, 2004
at 1:30 p.m. for ZKZ Inc. dba "The Office" for a
Class "I"liquor license at 640 W Prospector, Suite
#200.(ADOPTED, 5-0; A-82577)
13) MISCELLANEOUS REFERRALS
THE FOLLOWING WERE REFERRED TO PLANNING DEPT:
Change of Zone 04001 - App of Director of Planning to
amend the Zoning Ordinance relating to impact
fee for Low Income Housing.
Change of Zone 04004 - App. of Brian C. & Kym N.
Pinkerton from R-3 to O-2 for property at 4301
South 84th Street.
Special Permit No. 2045 - App. of Hartland Homes, Inc.
to waive the preliminary plat process, to allow
for transferring sanitary sewer from one basin to
another and to allow running sanitary sewer
opposite street grades in the Hartland's Cardinal
Heights 2nd Addition C.U.P.
Special Permit No. 04005 - App. of West Point, LLC for
additional parking with a total of 94 stalls at
5401 Saylor Street.
Report from City Treasurer of Telecommunications Occ.
Tax for Oct and Nov., 2003: Shaffer Comm.; Dec, 2003:
Bell Atlantic, Shaffer Comm., Alltel Comm. of Nebraska,
Alltel Nebraska Inc. (PLACED ON FILE)
Setting the hearing date of Monday, March 1, 2004 at
1:30 p.m. for App. of Alta Vista LLC dba "Dish Bistro &
Bar" for a Class "C" liquor license at 1100 O Street.
(ADOPTED, 5-0; A-82578)
REPORTS OF CITY OFFICERS
14) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on Feb. 2, 2004.
(PLACED ON FILE)
15) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended December, 2003.
(PLACED ON FILE)
16) Lincoln Water & WasteWater Recapitulation of Daily
Cash Receipts for January 2004. (PLACED ON FILE)
17) Report from City Treasurer of franchise tax for
the quarter ending December 31, 2003 from Time
Warner Cable. (PLACED ON FILE)
18) Report from City Treasurer of Telecommunication
Occupation Tax for Jan. to Dec., 2003: Talk
America; Oct.-Dec., 2003: IDT Corp., GE Business
Prod. Solutions, American Farm Bureau, Winstar,
Who's Calling, Opex, Comtech 21; Dec., 2003: Alyon
Techn., Qwest, Netifice, Virgin Mobile USA,
Verizon Select, Trans Nat'l., Voicecom, OnStar
Corp., Telenational, Global Crossing, Primus,
Tracfone, McLeodUSA, Cincinnati Bell Any Distance,
PMG, ACN, Network Billing Systems, OCMC, IBM
Global, T-Netix, United Systems Access, Quantum
Shift, Star Number, Intellicall Operator, XO Long
Distance, Enhanced, AT&T of Midwest, Nebraska
Tech. & Telecomm., Touch America, Cricket,
Guaranteed Phone Service, Telco Dev., AmeriVision,
Norstan Network, MCI WorldCom Network, Buyers
United, Working Assets, C III Comm. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 19 THRU 22 HAD 1ST READING)
19) 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.
20) 04-22 Approving the Agreement for Attaching
Antennas to City Tower and other
Appurtenances between the City and U.S.
Cellular for the placement of antennas for
telecommunication uses on the tower generally
located at South 84th and South Street.
Fact Sheet (45K)
Attachment (587K)
21) 04-23 Amending Title 2 of the Lincoln Municipal
Code by creating a new Chapter 2.81 to
provide for Living Wage of at least 110% of
the federal poverty guideline for a family of
four, or 100% of the federal poverty
guideline if described health insurance
benefits are paid by the employer, to be
adjusted July 1 of each year hereafter.
22) 04-24 Amending Chapter 3.20 of the Lincoln
Municipal Code relating to Street Improvement
Vehicle Tax to create the Residential
Rehabilitation Fund to be used only for the
purpose of rehabilitating existing
residential streets.
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
23) 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)
(PASSED, 5-0; #18301)
24) 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)
(PASSED, 5-0; #18302)
25) 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)
(PASSED, 5-0; #18303)
26) 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)
(2/2/04 - Action Delayed to 2/9/04)
Fact Sheet (632K)
(ADOPTED, 5-0; A-82580)
27) 04-17 Adopted the supplements to the Lincoln
Municipal Code dated June, 2003 and December
2003 as part of the official Lincoln Municipal Code.
(PASSED, 5-0; #18304)
PENDING LIST - DATE CERTAIN
28) 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)
(2/2/04 - Action Delayed to 2/23/04)
Fact Sheet (485K)
29) 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)
(2/2/04 - Action Delayed to 2/23/04)
Fact Sheet (459K)
30) 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)
Fact Sheet (826K)
31) 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)
Fact Sheet (784K)
32) 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)
Fact Sheet (762K)
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 01-1822 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)
37) 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)
38) 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 connetcion
w/02R-64) (4/8/02 - Placed on Pending until policy
recommendation from Urban Development)
Fact Sheet (699K)
39) 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)
40) 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)
41) 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)
42) 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 23, 2004 AT 5:30 P.M.:
(APPROVED, 5-0)
43) 04R-25 Approving appropriations in the amount of $50,000
from the operation of Keno lottery funds for
various human services.
Fact Sheet (59K)
Attachment (48K)
44) 04R-26 Approving an agreement with the Nebraska
Department of Roads that will provide additional
funding for engineering, right-of-way, and
construction for the East O Street widening
project, 52nd Street to Wedgewood Drive.
Fact Sheet (25K)
Attachment (45K)
45) 04R-27 Authorizing William Livengood for The Green Gateau
to occupy a portion of the public right-of-way at
330 S.10th Street for use as a sidewalk caf‚.
Fact Sheet (61K)
Attachment (347K)
46) 04R-28 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of January
16 - 31, 2004.
Fact Sheet (14K)
Attachment (31K)
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 (2/18/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (2/23/04).
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 2:09 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:
http://www.lincoln.ne.gov
***
City Council