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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 23, 2004 AT 5:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 1 THRU 4 HAD 2ND READING; SEE ITEM #3)
1) 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.
2) 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)
3) 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.
(PUBLIC HEARING CONTINUED W/3RD READING ON 3/1/04,7-0)
4) 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.
PUBLIC HEARING - RESOLUTIONS
5) 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)
(ADOPTED, 7-0; A-82581)
6) 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)
(ADOPTED, 7-0; A-82582)
7) 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)
(ADOPTED, 7-0; A-82583)
8) 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)
(ADOPTED, 6-0; WERNER ABSENT; A-82584)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
9) Report of UNL Microbiologist for water testing for the
month of January, 2004. (PLACED ON FILE)
10) TO BE REFERRED TO PLANNING DEPT.:
Change of Zone 04005 - App. of Southeast Fire
Dept. for a change from AGR to P - Public Use
at 7700 Pine Lake Road.
Change of Zone 04006 - App. of Jornat LLC from H-3
Highway Commercial Dist. to I-1 Industrial District
on property at 301 SW 25TH St.
Special Permit Amendment No. 04001 - App. of Madonna
Rehabilitation Hospital to increase the area of
the special permit and allow a lighted ground sign
on property at 5401 South Street.
Special Permit No. 04006 - App. of Overstreet Inc.
to sell alcoholic beverages for consumption off
the premises on property at 1301 North 27th Street.
11) Setting the Hearing Date of Monday, March 8, 2004
at 1:30 p.m. for the Man. App. of Renae Guthard
for Lone Star Steak House & Saloon of Nebraska,
Inc. dba "Lone Star Steakhouse & Saloon at 200 N.
70th Street. (ADOPTED, 7-0; A-82585)
12) Setting the Hearing Date of Monday, March 8, 2004
at 1:30 p.m. for the App. of ACR Corporation dba
"Jake's Cigars" for a Class D liquor license at
114 N. 14th Street. (ADOPTED, 7-0; A-82586)
13) Setting the Hearing Date of Monday, March 8, 2004
at 1:30 p.m. for the App. of Fast Break, Inc. dba
"Fast Break - Old Cheney" for a Class D liquor
license at 5640 S. 16th Street. (ADOPTED, 7-0;
A-82587)
14) MISCELLANEOUS REFERRALS
Investment of Funds for the week of February 9 thru
February 13, 2004. (ADOPTED, 7-0; A-82589)
Report from City Treasurer of cash on hand at the close of
business January 31, 2004. (PLACED ON FILE)
Report from City Treasurer of Telecomm. Occ. Tax for the
month of January 2004: ATS Mobile, Excel, NOSVA, VarTec.
(PLACED ON FILE)
Investment of Funds for the week of February 17 thru 20,
2004. (ADOPTED, 7-0; A-82590)
REPORTS OF CITY OFFICERS
15) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on Feb. 9, 2004.
(PLACED ON FILE)
16) Investment of Funds from January 26 through
February 6, 2004. (ADOPTED, 7-0; A-82588)
17) Report of Lincoln Water and Wastewater Systems for
Fiscal Year 2002-03. (PLACED ON FILE)
18) Report of City of Lincoln Comprehensive Annual
Financial Report for the Fiscal Year ending August
31, 2003. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 19 THRU 26 HAD 1ST READING)
19) 04-19 Vacation 03014 - Vacating a portion of the
east west alley from vacated South 26th
Street to South 27th Street, between N and O
Streets.
Fact Sheet (168K)
20) 04-25 Vacation 03019 - Vacating a portion of
Whitewater Lane at North 15th Street.
(Request 2nd & 3rd
Readings 3/1/04)
Fact Sheet (148K)
21) 04-28 Vacation 03022 - Vacating a portion of the
alley adjacent to Rock N Roll Runza generally
located at 14th and P Streets.
Fact Sheet (755K)
22) 04-29 Change of Zone 79HP - Application of the
Alpha Xi Delta Building Association to
designate the Alpha Xi Delta Sorority House
at 1619 R Street as a landmark.
Fact Sheet (429K)
23) 04-30 Change of Zone 80HP - Application of Michael
and Carol James to designate the R.O. Stake
House at 145 S. 28th Street as a landmark.
Fact Sheet (292K)
24) 04-34 Street Name Change 04001 - Renaming South
23rd Street in Stone Ridge Estates 2nd
Addition and Tamarin Ridge Addition as Herel
Street extending to Vavrina Lane.
Fact Sheet (154K)
25) 04-35 Approving a Lease Agreement between Nebraska
Golf & Turf, Nebraska National Bank, and the
City for the lease of 225 golf cars and 14
utility vehicles for use by the City Parks
and Recreation Department. (Request
2nd & 3rd Readings 3/1/04)
26) 04-36 Approving a Lease Agreement between Nebraska
National Bank, and the City for golf course
and park maintenance equipment at Holmes and
Mahoney Golf Courses. (Request 2nd & 3rd
Readings 3/1/04)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
27) 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)
(AMENDED, 7-0; PASSED AS ADOPTED, 7-0; #18305)
28) 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)
(ADOPTED, 7-0; A-82591)
29) 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 (232K)
(PASSED, 7-0; #18306)
30) 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) (2/9/04 -
Action Delayed to 2/23/04)
Fact Sheet (374K)
(ADOPTED, 7-0; A-82592)
31) 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)
(ADOPTED, 7-0; #18307)
PENDING LIST - DATE CERTAIN
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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, MARCH 1, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
45) 04R-29 Reappointing Rod Armstrong, James Schultz, Jim
Langtry, and Shannon Ideus to the Government
Access and Information Committee for terms
expiring January 1, 2006, January 1, 2006, January
1, 2005, and January 1, 2005, respectively.
46) 04R-30 Appointing Trish Owen to the Government Access and
Information Committee for a one-year term expiring
January 1, 2005.
Attachment (12K)
47) 04R-34 Appointing Jeannine Falter, Bethina Moore, and
Barbara A. Ramsey to the Lincoln-Lancaster Women's
Commission for terms expiring January 1, 2006,
January 1, 2006, and January 1, 2005, respectively.
Attachment (358K)
48) 04R-31 Authorizing the filing of applications with the
United States Department of Transportation for
financial assistance during Fiscal Year 2004 - 2005.
Fact Sheet (58K)
49) 04R-32 Use Permit 106A - Application of One Vista LLC to
amend Use Permit 106 to include additional land,
relocate access, provide a private roadway, add a
sign, and decrease the required parking from 148
to 80 stalls, on property generally located at
65th Street and Pioneers Blvd.
Fact Sheet (723K)
50) 04R-33 Directing submittal to the qualified electors of
the City a proposed Charter amendment amending
Art. IV, Sec. 7 to provide that an independent
committee composed of citizens with expertise in
business, legal, governmental, and personnel
matters, appointed by the mayor, shall make a
recommendation as to the appropriate salary of the
city council members, including benefits, and to
further provide that such recommendation may be
approved as part of the annual budget resolution,
provided that no increase in salary shall take
effect until after the succeeding city general
election.
Fact Sheet (17K)
51) 04R-35 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
February 1 - 15, 2004.
Fact Sheet (15K)
Attachment (35K)
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 (2/26/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (3/01/04).
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 11:03 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.
***
City Council