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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION OF THE REGULAR CITY COUNCIL MEETING
HELD MONDAY, MARCH 1, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of ZKZ Incorporated dba The Office for a
Class I liquor license (spirits, wine, beer, on-sale)
at 640 W. Prospector, Suite 200. (ADOPTED FOR DENIAL,
7-0; A-82594)
2) Manager application of Brent A. Zywiec for ZKZ
Incorporated dba The Office at 640 W. Prospector,
Suite 200. (ADOPTED FOR DENIAL, 7-0; A-82595)
3) Application of 1339 "O" Street, Inc. dba Brothers
Est. 1967 for a Class C liquor license (spirits,
wine, beer, on & off sale) at 1339 "O" Street.
(ADOPTED FOR APPROVAL, 7-0; A-82596)
4) Manager application of Kevin J. Blazek for 1339 "O"
Street, Inc. dba Brothers Est. 1967 at 1339 "O" Street.
(ADOPTED FOR APPROVAL, 7-0; A-82597)
5) Application of Alta Vista LLC dba Dish Bistro & Bar for
a Class C liquor license (spirits, wine, beer, on & off
sale) at 1100 "O" Street. (ADOPTED FOR APPROVAL,
6-0; CONFLICT OF INTEREST: FRIENDT; A-82598)
6) Manager application of Jason C. Balcom for Alta Vista LLC
dba Dish Bistro & Bar at 1100 "O" Street.
(ADOPTED FOR APPROVAL, 6-0; CONFLICT OF INTEREST:
FRIENDT; A-82599)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 THRU 14 HAD 2ND READING; SEE ITEMS 13 & 14)
7) 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)
8) 04-25 Vacation 03019 - Vacating a portion of Whitewater Lane
at North 15th Street. (Request 2nd & 3rd Readings 3/1/04)
Fact Sheet (148K)
9) 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)
10) 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)
11) 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)
12) 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)
13) 04-35 (Ordinance / Lease not ready for release)
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. (2ND READING & PUB. HEARING
CONT'D TO 3/8/04, 7-0)
14) 04-36 (Ordinance / Lease not ready for release)
Approving a Lease Agreement between Nebraska National Bank,
and the City for golf course and park maintenance equipment
at Holmes and Mahoney Golf Courses. (2ND READING & PUB.
HEARING CONT'D TO 3/8/04, 7-0)
PUBLIC HEARING - RESOLUTIONS
15) 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.
(ADOPTED, 7-0; A-82600)
16) 04R-30 Appointing Trish Owen to the Government Access and Information
Committee for a one-year term expiring January 1, 2005.
(ADOPTED, 7-0; A-82601)
Attachment (12K)
17) 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. (ADOPTED, 7-0; A-82602)
Attachment (358K)
18) 04R-31 Authorizing the filing of applications with the United States
Department of Transportation for financial assistance during
Fiscal Year 2004 - 2005. (ADOPTED, 7-0; A-82603)
Fact Sheet (58K)
19) 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.
(ADOPTED, 7-0; A-82604)
Fact Sheet (723K)
20) 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. (ADOPTED, 5-2; DISSENTING: CAMP &
FRIENDT; A-82593)
Fact Sheet (17K)
21) 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.
(CLAIM OF RANDALL HEILIGER (7-0) & NATHAN THOMAS
(4-3, DISSENTING: MCROY, SVOBODA, WERNER) REMOVED TO BE
PRESENTED IN A FUTURE CLAIMS REPORT; REMAINING CLAIMS
ADOPTED, 7-0; A-82605)
Fact Sheet (15K)
Attachment (35K)
PUBLIC HEARING
ORDINANCES - 3RD READING & RESOLUTIONS
22) 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)
(PLACED ON PENDING WITH NO DATE CERTAIN, 7-0)
Fact Sheet (826K)
23) 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) (PLACED ON PENDING WITH NO DATE
CERTAIN, 7-0)
Fact Sheet (784K)
24) 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)
(PLACED ON PENDING WITH NO DATE CERTAIN, 7-0)
Fact Sheet (762K)
25) 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. (2/23/04 - P.H. Con't to 3/1/04 with 3rd Reading)
(PASSED AS AMENDED, 4-3; DISSENTING: CAMP, FRIENDT, SVOBODA;
#18308)
Ordinance with Amendments (530K)
IMPACT FEE APPEAL
26) 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. (WITHDRAWN, 7-0, #38-4459)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
27) Setting the hearing date of Monday, March 15, 2004, at 1:30 pm
for Application of Peking Palace Lincoln Inc. dba Peking Palace
for a Class J Liquor License at 8341 "O" Street.
(PASSED, 7-0; A-82606)
28) Setting the hearing date of Monday, March 15, 2004, at 1:30 pm
for Application of Mesal Enterprises LLC dba On the Go for a
Class B Liquor License at 5240 South 48th Street.
(PASSED, 7-0; A-82607)
29) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by Council on February 23, 2004.
(PLACED ON FILE)
Report from City Treasurer Telecommunication Occupation
Tax for the month of January, 2004: Sprint Spectrum LP,
D & D Communications Inc. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
30) Report from City Treasurer Telecommunication Occupation Tax
for the month of January, 2004: Tri-M Communications Inc,
Zone Telecom Inc, Association Administrators Inc, LDMI
Telecommunications Inc, NOS Communications Inc, GTC Telecom
Corp, Lightyear Communications Inc, Globalcom Inc, WorldXChange
Corp, Affinity Network Inc, Nextel West Corp, Telco Development
Group Inc, Telecorp Communications Inc, ATT Wireless Service,
and Cellular One. (PLACED ON FILE)
31) Report from City Treasurer of Franchise tax for the month
of January, 2004 from Aquila. (PLACED ON FILE)
32) Request of Public Works to set a Public Hearing date of
Monday, March 29, 2004, at 5:30 p.m. and place on the formal
City Council Agenda the following: (APPROVED, 7-0;
SEE 04-26 & 04-27)
04-26 To provide authority to create an Alley Grading
District in the north/south alley, North 58th to
Touzalin Avenue, Gladstone Street to Judson Street.
(WITHDRAWN, 7-0)
04-27 To provide authority to create an Alley Graveling
District in the north/south alley, North 58th to
Touzalin Avenue, Gladstone Street to Judson Street.
(WITHDRAWN, 7-0)
04-31 To provide authority to create a Sewer District in
Lazy Acres Subdivision, Mockingbird Lane North, South,
East and West and assess the cost thereof against the
benefitted properties.
04-32 To provide authority to create a Water District in
Lazy Acres Subdivision, Mockingbird Lane North, South,
East and West and assess the cost thereof against the
benefitted properties.
04-33 To provide authority to create a Paving District in Lazy
Acres Subdivision, Mockingbird Lane North, South, East
and West and assess the cost thereof against the
benefitted properties.(Requires a Motion)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 33 THUR 41 HAD 1ST READING)
33) 04-37 Approving two three-year/5,000 hour lease agreements with a
buyout option between the City and Elgin Sweeper Company to
provide two four-wheeled street sweepers for sweeping of
residential and arterial streets.
Fact Sheet (57K)
Attachment (658K)
34) 04-38 Amending § 2.76.040 Definitions of the Lincoln Municipal
Code to allow police trainees to participate in the City's
health care plan.
Fact Sheet (50K)
35) 04-39 Amending the pay schedule for the employee group prefixed by
the letter A by amending the pay schedule for the job
classifications of Operations Quality Assurance Coordinator,
Park Planning Assistant, StarTran Handi-Van Supervisor,
and Food Production Manager; and changing the job title
of Arborist III to Forestry Operations Supervisor and
Arborist IV to City Forester.
Fact Sheet (59K)
Attachment (207K)
36) 04-40 Amending the pay schedule for the employee group prefixed
by the letter N by amending the pay range for the job
classifications of Cook and Food Service Worker.
Fact Sheet (48K)
37) 04-41 Annexation No. 03002 - Amending the Lincoln Corporate Limits
Map by annexing approximately 53.52 acres of property generally
located east of southeast of the intersection of South 84th
Street and Highway 2. (In connection w/04-42, 04R-36,
04R-37, 04R-38)
Fact Sheet (420K)
38) 04-42 Change of Zone 3411 - Application of Eiger Corporation for a
change of zone from AG Agricultural District and AGR
Agricultural Residential District to H-4 General Commercial
District and B-5 Planned Regional Business District, on
property generally located southeast of the intersection of
South 84th Street and Highway 2. (In connection w/04-41,
04R-36, 04R-37, 04R-38)
Fact Sheet (624K)
39) 04-43 Change of Zone 04001 - Amending Chapter 27.82 of the Lincoln
Municipal Code relating to impact fees by revising the
definition of Low-Income Owner-Occupied Housing; to add
eligibility criteria for Low-Income Owner-Occupied Housing
exemptions from Impact Fees and modify the provisions regarding
when a request for exemption must be made; and to modify the
provisions regarding approval of Owner-Occupied Low-Income
Housing exemption and reimbursement of impact fees paid.
Fact Sheet (75K)
40) 04-44 Change of Zone 04003 - Amending Sections 27.63.680 and 27.63.685
of the Lincoln Municipal Code relating to the sale of alcoholic
beverages for consumption on the premises and off the premises
as a permitted special use; to delete City Council waivers of
the special conditions for said uses; to delete the provision
allowing for mitigation of adverse effects approved by the
Planning Director when a licensed premises is located 100
feet or closer to certain listed uses; to require a licensed
premises to be located no closer than 100 feet from a park,
church, or state mental health institution; to delete the
requirement that a licensed premises be located no closer
than 100 feet from residential uses in nonresidential
districts; and to delete provisions prohibiting approval
of the special permits by the Planning Commission.
Fact Sheet (791K)
Fact Sheet (845K)
41) 04-45 Change of zone 04004 - Application of Brian and Kym Pinkerton
for a change of zone from R-3 Residential District to O-2
Suburban Office District on property generally located at
the southwest corner of South 84th Street and Pioneers
Boulevard.
Fact Sheet (267K)
ORDINANCES - 3RD READING
42) 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.
(3RD READING DELAYED WITH CONT'D PUB. HEARING & ACTION
ON 4/5/04, 7-0)
43) 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.
(PASSED, 7-0; #18309)
Fact Sheet (45K)
Attachment (587K)
44) 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.
(ACTION DELAYED ONE WEEK TO 3/8/04, 7-0)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK; SEE ITEMS 49 & 53)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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.)
(REMOVED FROM PENDING & WITHDRAWN, 7-0, #38-4460)
Fact Sheet (4K)
50) 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)
51) 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)
52) 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)
53) 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)
(REMOVED FROM PENDING TO HAVE PUB. HEARING & ACTION ON
3/15/04, 7-0)
54) 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 8, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
55) 04R-36 Approving Appian Way II Conditional Annexation and Zoning
Agreement between Andermatt, L.L.C. and the City of Lincoln outlining
certain conditions and understandings with regards to the annexation
of approximately 53.52 acres of property generally located at
South 91st Street and Highway 2. (In connection w/04-41, 04-42,
04R-37, 04R-38)
Attachment (78K)
56) 04R-37 Special Permit 2046 - Application of Eiger Corporation
to develop a Planned Service Commercial area in the H-4 General
Commercial District consisting of 73,200 sq. ft. of commercial and
retail floor with waivers to the required preliminary plat process,
to allow a cul-de-sac in excess of 1,000 feet; to reduce setbacks
from 20 feet to zero feet adjacent to outlots, to not require a
sidewalk along Highway 2 and South 87th Street, and to allow
the transfer of sewage from one drainage basin to another, on
property generally located southeast of the intersection of
South 84th Street and Highway 2. (In connection w/04-41, 04-42,
04R-36, 04R-38)
Fact Sheet (920K)
57) 04R-38 Use Permit No. 150 - Application of Eiger Corporation to
develop 284,300 sq. ft. of commercial and retail floor area with
waivers to the required preliminary plat process, to allow a
cul-de-sac in excess of 1,000 feet; to reduce setbacks from
20 feet to zero feet adjacent to outlots, to not require a
sidewalk along Highway 2 and South 87th Street, and to allow
the transfer of sewage from one drainage basin to another, on
property generally located southeast of the intersection of
South 84th Street and Highway 2. (In connection w/04-41,
04-42, 04R-36, 04R-37)
Fact Sheet (917K)
58) 04R-39 Approving an Agreement between the City and County to provide
the City with an appropriate facility at the County Youth
Assessment Center for temporary detention of juveniles taken
into custody by the Lincoln Police Department.
Attachment (166K)
59) 04R-40 Amending Resolution No. A-79824 for Use Permit
No. 116, authorizing 216,000 square feet of commercial space
on property generally located at 84th and Holdrege Streets, to
correct the legal description of the property.
60) 04R-41 Approving an Addendum to extend the term of an Agreement
between the City and St. Elizabeth Health System to provide
discounted medical services at the St. Elizabeth Regional
Medical Center, St. Elizabeth Company Care and Linc Care
facilities for the treatment of City and LES Workers
Compensation injuries and illnesses.
Fact Sheet (45K)
Attachment (375K)
61) 04R-42 Approving an Agreement between the City and the
Nebraska Department of Roads for Project No. STPB-55 (149)
for the construction of a concrete pedestrian and bicycle
trail known as The Antelope Creek Trail - Phase I.
Fact Sheet (43K)
Attachment (402K)
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 (3/3/04) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING (3/08/04).
Steve Flanders Topic: Construction water meters for residential construction
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 7:20P.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