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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 8, 2004 AT 1:30 P.M.
MAYOR'S AWARD OF EXCELLENCE - OFFICER TODD HRUZA OF THE LINCOLN
POLICE DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of
Renae Guthard for Lone Star Steak House &
Saloon of Nebraska, Inc. dba Lone Star
Steakhouse & Saloon at 200 N. 70th Street.
(ADOPTED FOR APPROVAL, 6-0;A-82608)
2) Application
of Fast Break, Inc. dba Fast Break - Old
Cheney for a Class D spirits,wine, beer,
Off-sale)liquor license at 5640 S. 16th
Street. (ADOPTED FOR APPROVAL, 6-0;
A-82609)
3) Manager application of
Ranjit Singh for Fast Break, Inc. dba Fast
Break - Old Cheney at 5640 S. 16th Street.
(ADOPTED FOR APPROVAL, 6-0; A-82610)
4) Application of ACR Corporation
dba Jake's Cigars for a Class D (spirits,
wine, beer, off-sale)liquor license at 114 N.
14th Street. (ADOPTED FOR APPROVAL, 4-2;
COOK, MCROY DISSENTING; A-82611)
5) Manager application of
Alex C. Roskelley for ACR Corporation dba
Jake's Cigars at 114 N.14th Street.
(ADOPTED FOR APPROVAL, 4-2; COOK,
MCROY DISSENTING; A-82612)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 6 THRU 16 HAD 2ND READING)
6) 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. (3/1/04 - P.H. Con't to
3/8/04)
Fact Sheet (48K)
Attachment (368K)
7) 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.
(3/1/04 - P.H. Con't to 3/8/04)
Fact Sheet (50K)
Attachment (194K)
8) 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)
9 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)
10) 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)
11) 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)
12) 04-41 Annexation No. 03002 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 53.52 acres of property
generally ocated 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)
13) 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)
14) 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)
15) 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)
16) 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)
PUBLIC HEARING - RESOLUTIONS
17) 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)
(ACTION DELAYED ONE WEEK TO 3/15/04, 6-0)
18) 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)
(ACTION DELAYED ONE WEEK TO 3/15/04, 6-0)
19) 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)
(ACTION DELAYED ONE WEEK TO 3/15/04, 6-0)
20) 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)
(ADOPTED, 6-0;A-82613)
21) 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. (ADOPTED, 6-0;
A-82614)
22) 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)
(ADOPTED, 6-0; A-82615)
23) 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)
(ADOPTED, 6-0; A-82616)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
24) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 04002 - App. of Stone Bridge Creek
LLC from R-3 to B-2 on property at North
14th Street and Arbor Rd.
Change of Zone 04008 - App. of Brian D. Carstens
Associates to amend Section 27.28.080 (b) and
(d) of the LMC to amend parking lots in the
R-T zoning district when located adjacent to
non-residential uses.
Change of Zone 04012 - App. of Brian D. Carstens &
Assoc. from AGR to R-3 on property located at SW
27th Street and South
Street.
Change of Zone 04013 - App. of Hartland Homes,
Inc. from AG to R-3 on property located at NW
56th Street and
West Holdrege Street.
Change of Zone 04014 - App. of Ridge Development
Co. to amend Sections 27.31.030,
27.31.0.040, 27.37.020 and 27.37.025 of the
LMC regarding new and modified alcohol sales
conditions.
Special Permit Amendment 04002 - App. of First
Plymouth Congregational Church to amend Special
Permit 684 to expand lot area coverage on
property a 2000 D Street.
Special Permit 04004 - App. of Stone Bridge Creek
LLC to amend the Stonebridge Creek Community Unit
Plan by amending the boundary at North 14th Street
and Arbor Rd.
Special Permit 04007 - App. of CenterPointe Inc.
for a health care facility at North 26th Street
and P Street.
Special Permit 04010 - App. of Potential II, LLC
for the authority to sell alcoholic beverages
for consumption on the premises at 7301 South
27th Street.
25) Setting the Hearing Date of March 22, 2004 at 1:30
p.m. for Man. App. of James R. Chapin for
Whitehead Oil Company dba "U-Stop Convenience
Shop" at 2925 NW 12th Street. (ADOPTED, 6-0;
A-82617)
26) Setting the Hearing Date of March 22, 2004 at 1:30
p.m. for Man. App. of Michael R. Patton for Risky,
Inc. dba "Risky's Sports Bar & Grill" at 4680
Leighton Ave. (ADOPTED, 6-0; A-82618)
27) Setting the Hearing Date of March 22, 2004 at 1:30
p.m. for App. Of MVB, Inc dba "Caffe Italia" for a
Class I liquor license at 2110 Winthrop Rd., 100A.
(ADOPTED, 6-0; A-82619)
28) Setting the Hearing Date of March 22, 2004 at 1:30
p.m. for App. of Four Suns Restaurant Inc. dba
Four Suns Restaurant for a Class I liquor license
at 3239 S. 13th St. (AMENDED TO HAVE PUBLIC
HEARING ON 3/29/04 @ 5:30 P.M., 6-0)
29) MISCELLANEOUS REFERRALS
Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended January 31, 2004.
(ADOPTED, 6-0; A-82621)
Report from City Treasurer of Telecommunications
Occupation Tax for the month of January, 2004: IBM
Global, Quantum Shift, United Systems Access,
T-NetId Telecom., Nebraska Technology & Telecomm.
(PLACED ON FILE)
Setting the Hearing Date of March 22, 2004 at
1:30 p.m. for the App. of Double Eagle Beverage
LLC for a request of an addition of a beer storage
area approx. 57' x 97' to the east, and two dock area
30' x 30' to the east and 40' x 30' to the South at
5840 N.70th Street.(ADOPTED, 6-0;A-82622)
Setting the Hearing Date of March 22, 2004 at
1:30 p.m. for the App. of North Forty Golf, Inc. dba
"North Forty Golf" for a Class "C" liquor license at
8101 Adams Street. (ADOPTED,6-0; A-82623)
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on March 1,2004.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
30) Investment of Funds for the week of February 23
thru February 27, 2004. (ADOPTED, 6-0; A-82624)
31) Report from City Treasurer Telecommunication
Occupation Tax for the month of December, 2003:
Association Administrators; January, 2004: Qwest,
ACN Comm., Buyers United, Trans Nat'l, Verizon
Select, Touch America, Global Crossing, C III
Comm., Virgin Mobile, TracFone, Working Assets,
Cricket, Primus, Bell Atlantic, On Star, Norstan,
AT&T, Nextel, MCI WorldCom, One Call, McLeod USA,
Guaranteed Phone, XO Long Distance, Voicecom,
Cincinnati Bell, Intelicall, Alltel Comm. of
Nebraska, Alltel Nebraska, Alltel Systems of the
Midwest, Sprint. (PLACED ON FILE)
32) Report of the Lincoln Water & WasteWater System
Recapitulation of Daily Cash Receipts for
February 2004. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 33 THRU 35 HAD 1ST READING)
33) 04-46 Amending the Lincoln Municipal Code by
repealing Section 24.50.050, Permits and
Inspections for private water and sewer main
installation.
Fact Sheet (57K)
34) 04-47 Amending Section 14.40.030 of the Lincoln
Municipal Code pertaining to block party
permits to indicate issuance by the
Department of Public Works and Utilities and
requiring a damage deposit from the
applicant.
35) 04-48 Authorizing a transfer of unspent and
unencumbered appropriations and cash between
certain capital improvement projects within
the Sanitary Sewer Construction Fund, Water
Construction Fund and Landfill Revenue
Fund.
Fact Sheet (59K)
ORDINANCES - 3RD READING
36) 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)
(ACTION DELAYED FOR 3 WEEKS TO 3/29/04, 6-0)
37) 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. (3/01/04 -
Action delayed one week to 3/8/04)
(ACTION DELAYED ONE WEEK TO 3/15/03)
38) 04-25 Vacation 03019 - Vacating a portion of
Whitewater Lane at North 15th Street.
Fact Sheet (148K)
(PASSED, 6-0;#18310)
39) 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)
(LOST, 2-4; CAMP, SVOBODA ASSENTING;
#38-4461)
40) 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 (491K)
(PASSED, 6-0; #18311)
41) 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)
(PASSED, 6-0; #18312)
42) 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)
(PASSED, 6-0; #18313)
PENDING LIST - DATE CERTAIN
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)
(3/1/04 - To have Public Hearing &
Action on 3/15/04
44) 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. (3/1/04 -
3rd Reading delayed w/con't Public Hearing
& Action 4/5/04)
PENDING LIST (EXTENDED ONE WEEK)
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 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) 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)
50) 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)
51) 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)
52) 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)
53) 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) (3/1/04 - Placed on
Pending)
Fact Sheet (825K)
54) 04R-12Special 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) (3/1/04 - Placed on
Pending) Fact Sheet (785K)
55) 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) (3/1/04
- Placed on Pending)
Fact Sheet (762K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 15, 2004 AT 1:30 P.M.:
(APPROVED, 6-0)
56) 04R-43 Authorizing the calling for redemption of
outstanding Q, O, P, R/North Haymarket
Redevelopment Project Tax Allocation and
Refunding bonds in the amount of $120,000.00.
57) 04R-44 Reappointing Joy E. Patten to the StarTran
Advisory Board for a three-year term
expiring October 20, 2006.
58) 04R-45 Appointing Susan Epps to the StarTran Advisory
Board to fill an unexpired term expiring
October 20, 2005.
Attachment (30K)
59) 04R-46 Approving a Funding Agreement between the City and
State Department of Roads to obligate
Federal and State funds for the Regional
Intelligent Transportation Systems
architecture development project.
Fact Sheet (294K)
Attachment (30K)
60) 04R-47 Accepting the report of new and pending claims
against the City and approving disposition
of claims set forth therein for the period
of February 16 - 29, 2004.
Fact Sheet (14K)
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 (3/10/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (3/15/04).
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 5:06 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