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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 15, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Mesal Enterprises dba On the Go
for a Class B (Beer off-sale) liquor license at 5240
South 48th Street. (ADOPTED FOR APPROVAL, 7-0; A-82625)
2) Manager application of Matthew D. Alesio for
Mesal Enterprises dba On the Go at 5240 South 48th
Street. (ADOPTED FOR APPROVAL, 7-0; A-82626)
3) Application of Peking Palace Lincoln, Inc. dba
Peking Palace for a Class J (Beer, Wine, on-sale)
liquor license at 8341 O Street.
(ADOPTED FOR APPROVAL 7-0; A-82627)
4) Manager application of Nghi Trieu for Peking
Palace Lincoln, Inc. dba Peking Palace at 8341 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-82628)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 5 THRU 7 HAD 2ND READING; SEE ITEM 5)
5) 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)
(PLACED ON PENDING INDEFINITELY, 7-0)
6) 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.
7) 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)
PUBLIC HEARING - RESOLUTIONS
8) 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.
(ADOPTED, 7-0; A-82629)
9) 04R-44 Reappointing Joy E. Patten to the StarTran
Advisory Board for a three-year term expiring
* October 20, 2006. ADOPTED, 7-0; A-82630)
10) 04R-45 Appointing Susan Epps to the StarTran
Advisory Board to fill an unexpired term expiring October
20, 2005. (ADOPTED, 7-0; A-82631)
Attachment (30K)
11) 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. (ADOPTED, 7-0; A-82632)
Fact Sheet (294K)
Attachment (30K)
12) 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. (ADOPTED, 7-0; A-8263)
Fact Sheet (14K)
Attachment (35K)
PUBLIC HEARING
ORDINANCES - 3RD READING
13) 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)
(ACCEPTED SUBSTITUTE ORDINANCE, 7-0; AMENDED
SUB. ORD., 7-0; PASSED SUB. ORD. AS AMENDED, 7-0;
#18314)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
14) Setting the Hearing Date of March 29, 2004 at
5:30 p.m. for Man. App. of Michael Rice for
RT Omaha Franchise LLC dba "Ruby Tuesday" at
2700 North Hill Road. (ADOPTED, 7-0; A-82634)
15) Setting the Hearing Date of March 29, 2004 at 5:30
p.m. for App. of DLH, Inc. dba Coaches Sports Bar
& Grill for a Class I liquor license at 640 W.
Prospector Court. ADOPTED, 7-0; A-82634)
16) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's approval of Resolutions
and Ordinances passed by Council on March 8, 2004.
(PLACED ON FILE)
Report of City Treasurer of Cash on Hand at the close
of business 2/29/04. (PLACED ON FILE)
Report of UNL Microbiologist for water testing for
the month of February, 2004. (PLACED ON FILE)
Setting the Hearing date of March 29, 2004 at 5:30 p.m.
for the App. of Jason Kuhr dba "Main Street Café" for
a Catering license at 1325 O Street.
(ADOPTED, 7-0; A-82636)
REPORTS OF CITY OFFICERS
17) Investment of Funds for the week of March 1 thru
March 5, 2004. (ADOPTED, 7-0; A-82637)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 18 & 19 HAD 1ST READING)
18) 04-49 Repealing Ordinance No. 18139 which created
Paving District No. 2625 in North 57th
Street, Fremont to Hartley, due to the lack
of majority petition.
Fact Sheet (59K)
19) 04-50 Change of Zone 04006 - Application of Tom
Jornat, L.L.C. for a change of zone from H-3
Highway Commercial District to I-1 Industrial
District on property generally located at L
Street and S.W. 25th Street.
Fact Sheet (137K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
20) 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)
(3/8/04 - Delay Action 1 week to 3/15/04)
(MOTION TO ACCEPT AMENDMENT #2, LSOT, 3-4; CAMP,
FRIENDT, SVOBODA ASSENTING; PASSED, 7-0; #18316)
21) 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.
Fact Sheet (48K)
Attachment (368K)
(PASSED, 7-0; #18316)
22) 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.
Fact Sheet (50K)
Attachment (194K)
(PASSED, 7-0; #18317)
23) 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)
(PASSED, 7-0; #18318)
24) 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)
PASSED, 7-0; #18319)
25) 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)
(PASSED, 7-0; #18320)
26) 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)
(PASSED, 7-0; #18321)
27) 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)
(PASSED, 7-0; #18322)
28) 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)
(ACCEPT SUB. ORDINANCE, 7-0; PASSED SUB.
ORDINANCE, 7-0; #18323)
29) 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)
(ADOPTED, 7-0; A-82638)
30) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;A-82639)
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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82640)
32) 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)
PASSED, 7-0; #18324)
33) 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)
(PASSED, 5-2; CAMP, SVOBODA DISSENTING; #18325)
34) 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)
(PASSED, 7-0; #18326)
PENDING LIST - DATE CERTAIN
35) 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. (3/8/04 - Delay Action 3
weeks to 3/29/04)
Fact Sheet (168K)
36) 04-24 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
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)
45) 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)
46) 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) (3/1/04 - Placed on Pending)
Fact Sheet (785K)
47) 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 22, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
48) 04R-48 Authorizing the University of Nebraska Center for
Great Plains Studies to occupy a portion of the
public right-of-way along the north side of their
building at 12th and Q Streets to place a bronze
sculpture within a planting bed in the public
right-of-way.
Attachment (255K)
Fact Sheet (40K)
49) 04R-49 Approving an Interlocal Agreement between the City
and the Lincoln/Lancaster County Railroad
Transportation Safety District for the funding of
the Antelope Valley Project, Phase 1 "Amended
Draft Single Package" from its 2003-2004 budget
year.
Attachment (82K)
Fact Sheet (61K)
50) 04R-50 Special Permit 1583A - Application of Raybould
Partners, Ltd. to amend Special Permit 1583 Russ'
Market to add parking stalls in a residential
district to serve the existing grocery store on
property generally located at South 17th and
Garfield Streets.
Fact Sheet (136K)
51) 04R-51 Special Permit 04006 - Application of Overstreet,
Inc. for authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 1301 North 27th Street.
Fact Sheet (687K)
Cook moved to revert back to the policy of providing parking
passes to those who have City Council business from the
City Council office.
Seconded by Werner & carried by the following vote: AYES: Camp,
Cook, Friendt, McRoy, Newman, Svoboda, Werner; NAYS: None.
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 (3/17/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (3/22/04).
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 4:34 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:
lincoln.ne.gov
***
City Council