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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 12, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Updowntowners Inc. for a special
designated license to cover an area measuring
approximately 450' by 90' north/south and 450' by
90' east/west in 12th Street M/N-O Street, and N
Street 11th/12th-13th Street, on July 23, 2004 and
July 24, 2004 from 11:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-82846)
2) Application of Eagle Entertainment L.L.C. for a
special designated license to cover an area
measuring approximately 30' by 45' in the parking
lot at 130 N. 66th Street on July 30, 2004 from
4:00 p.m. to 9:00 p.m. (ADOPTED FOR APPROVAL,
7-0; A-82847)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEM 3 HAD 2ND READING)
3) 04-128 Amending Chapter 2.76 of the Lincoln Municipal
Code to extend family sick leave to include any
person under legal guardianship of an employee, to
rearrange the Funeral Leave section for clarity,
and to allow employees on military leave without
pay to not first exhaust all applicable leave
balances.
Fact Sheet (201K)
Attachment (201K)
PUBLIC HEARING - RESOLUTIONS
4) 04R-141C Accepting the report of new and pending claims
against the City and approving disposition of claims
set forth therein for the period of May 16 - 31, 2004.
Claim of Patti Talamante which was voted to have
public hearing and action on 7/12/04. (ADOPTED, 6-1,
DISSENTING: FRIENDT; A-82848)
5) 04R-158 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the Federal funding
of the Antelope Valley North-South Roadway K to Q
Project. Project No. CM-55(142) CN 11215a.
City No. 780109. (ADOPTED, 7-0; A-82849)
Fact Sheet (47K)
Attachment (462K)
6) 04R-159 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the Federal funding of
the Antelope Valley South Street Bridge Project.
Project No. STPC-5212(5) CN 11215k.
City No. 780111. (ADOPTED, 7-0; A-82850)
Fact Sheet (46K)
Attachment (504K)
7) 04R-160 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the Federal funding of
the Antelope Valley J Street Bridge Project.
Project No. STPC-5226(1) CN 11215j.
City No. 780110. (ADOPTED, 7-0; A-82851)
Fact Sheet (46K)
Attachment (456K)
8) 04R-161 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the Federal funding of
the Antelope Valley Big T Project. Project No.
CM-55(144) CN 11215e. City No. 780106. (ADOPTED,
7-0; A-82852)
Fact Sheet (22K)
Attachment (524K)
9) 04R-162 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the Federal funding of
the Antelope Valley East leg of the Big X Project.
Project No. STPC-5257(1) CN 11215g. City No. 780107.
(ADOPTED, 7-0; A-82853)
Fact Sheet (47K)
Attachment (525K)
10) 04R-163 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the Federal funding of
the Antelope Valley "O" Street Bridge and Road
from 21st to 23rd Street. Project No. STPC-34-6(135),
CN 11215i. City No. 780104. (ADOPTED, 7-0; A-82854)
Fact Sheet (47K)
Attachment (499K)
11) 04R-164 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the Federal funding of
the Antelope Valley North-South Roadway Q to Y
Project. Project No. CM-55(143) CN 11215b.
City No.780108. (ADOPTED, 7-0; A-82855)
Fact Sheet (48K)
Attachment (434K)
12) 04R-165 Special Permit 1726B - Application of West Park,
L.L.C. to amend the West Park Community Unit Plan
to add six dwelling units for a total of 29
dwelling units, with waivers to the required
turnaround design standards in West B Court and
the connection of West B Court to West B Street,
on property generally located at S.W. 15th Court
and West A Street. (ADOPTED, 7-0; A-82856)
Fact Sheet (343K)
13) 04R-167 Waiving the right of the City of Lincoln to object
to the validity of the conveyance of that a portion
of Lot 98 I.T. in the Northeast Quarter of Section 27,
Township 10 North, Range 6 East of the 6th P.M.,
from Larry Maciejewski and Joann Maciejewski to
Jeffrey J. Fredrick and Denise Fredrick on the
ground that the conveyance failed to comply with
the requirements relating to subdivision approval.
(ADOPTED, 7-0; A-82857)
Attachment (570K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
14) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
Use Permit No. 04002 - Application of Cameron
Corporation for approximately 112 townhomes,
with requests to waive front yard, rear
yard, and side yard setbacks; sanitary sewer;
water main; radius turnaround; lot area; and
sanitary sewer; on property generally located
at NW 13th Street and West Fletcher Avenue.
Special Permit No. 04035 - Andrea's Court Community
Unit Plan, requested by Ross Engineering Inc,
for 32 townhome units and Believers Fellowship
Church, with requests to waive detention/retention
storage, the Preliminary Plat process, sidewalks,
and minimum square foot townhome lot, on property
generally located at North 40th Street and Superior
Street.
15) Setting the hearing date of Monday, July 19, 2004 at 1:30 pm
for an Application of Ken's Liquor Inc dba MJ Catering for a
Class I Liquor License located at 2604 Park Boulevard.
(ADOPTED, 7-0; A-82858)
16) MISCELLANEOUS REFERRALS
Report from the City Treasurer of Telecommunication
Occupation Tax for May, 2004: Liberty Wireless, Virgin
Mobile USA, AT&T Comm of Midwest, On Star Corp, Buyers
United, Cricket Comm, ACN Comm Services, VoiceCom Telecom,
Qwest Comm Corp, Working Assets Funding Service, Verizon
Select Services, Intellical Operator Services, Broadwing
Comm, Bell Atlantic Comm, Global Crossing Telecom, USCOC
of Greater Iowa, One Call Comm, Cincinnati Bell, Network
Billing Systems, XO Long Distance Services, TracFone
Wireless, IBM Global Services, T-Netix Telecom Services,
United Systems Access Telecom, Quantum Shift Comm, McLeodUSA
Telecom, Shaffer Comm, Guaranteed Phone Service, Cellular
One, Sprint Comm Co Limited Partnership, MCI Telecom,
Nextel West Corp, Nextel Partners, Alltel Systems
of the Midwest, Alltel Nebraska Inc, Alltel Comm
of Nebraska, Trans National Comm International,
Primus Telecom. (PLACED ON FILE)
Report from City Treasurer of Franchise Tax from Aquila
for the month of May, 2004. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
17) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on June
28, 2004. (PLACED ON FILE)
18) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for June, 2004. (PLACED
ON FILE)
19) Investment of Funds for the week of June 21 thru
July 2, 2004. (ADOPTED, 7-0; A-82859)
20) Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended May 31, 2004.
(ADOPTED, 7-0; A-82860)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 21 THRU 24 HAD 1ST READING)
21) 04-129 Vacation 03013 - Vacating South 49th Street
between Prescott and Lowell Avenues and the
west 50' of the alley east of South 49th
Street between Prescott and Lowell Avenues.
Fact Sheet (148K)
22) 04-130 Vacation 04002 - Vacating the remaining portion of
North 47th Street between the north line of W
Street and the south line of the vacated Missouri
Pacific Railroad.
Fact Sheet (141K)
23) 04-132 Change of Zone 04031 - Application of Rose
Investments, Inc. for a change of zone from I-1
Industrial District to P Pubic Use District and R-
4 Residential District, and from R-4 Residential
District to P Public Use District on property
generally located west of North 33rd Street and
south of Apple Street. (In connection
w/04R-173)
Fact Sheet (241K)
24) 04R-173 Special Permit 04023 - Application of Rose
Investments, Inc. to develop Flat Iron Crossing
Community Unit Plan for 34 dwelling units,
including waivers of the maximum block length,
pedestrian way easement, lot depth to width ratio,
recreational facility, and location of sanitary
sewer main, on property generally located west of
North 33rd Street and south of Apple Street.
(In connection w/04-132)
Fact Sheet (345K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
25) 04-125 Approving (1) Lease Agreement from the City and
the County of Lancaster to the Lincoln-Lancaster
County Public Building Commission; (2) Lease
Agreement from the Commission to the County and
the City; and (3) the issuance of not to exceed
$12,000,000 of the Commission's Tax Supported
Lease Rental Revenue and Refunding Bonds, all with
respect to additions and improvements at the City-
County Health Department Building. (PASSED, 5-2;
DISSENTING: NEWMAN, WERNER; #18397)
Exhibit A (118K)
Exhibit B (125K)
26) 04-117 Creating Sewer District No. 1180 in South Folsom
Street from W. South Street south approximately
1250 feet. (PASSED, 7-0; #18398)
Fact Sheet (702K)
27) 04-118 Creating Ornamental Lighting District No. 287 in
West Charleston Street, 1st Street west
approximately 1100 feet. (PASSED, 7-0; #18399)
Fact Sheet (570K)
28) 04-119 Annexation 03008 - Amending the Lincoln Corporate
Limits Map by annexing approximately 20 acres of
property generally located at N.W. 56th Street and
W. Thatcher Lane. (In connection w/04-120,
04R-143, 04R-144) (PASSED, 7-0; #18400)
Fact Sheet (192K)
Attachment (161K)
29) 04R-143 Approving Cardinal Heights 2nd Addition
Conditional Annexation and Zoning Agreement
between Hartland Homes Inc. and the City of
Lincoln outlining certain conditions and
understandings with regards to the annexation of
approximately 20 acres of property generally
located at N.W. 56th Street and W. Thatcher Lane.
In connection w/04-119, 04-120, 04R-144)
(ADOPTED, 6-1, DISSENTING: FRIENDT; A-82861)
Attachment (778K)
30) 04-120 Change of Zone 04013 - Application of Hartland
Homes Inc. for a change of zone from AG
Agricultural District to R-3 Residential District
on property generally located at N.W. 56th Street
and W. Thatcher Lane. (In connection w/04-119,
04R-143, 04R-144) (PASSED, 7-0; #18401)
Fact Sheet (181K)
31) 04R-144 Special Permit 2045 - Application of Hartland
Homes Inc. to develop Hartland's Cardinal Heights
2nd Community Unit Plan for 56 dwelling units,
with waivers to allow sanitary sewer lines to run
opposite street grades, the transfer of sanitary
sewer from one basin to another, lots to exceed
three to one lot depth to width ratio, lots with
less than the minimum lot width, lots with less
than the minimum lot area, and to waive the
preliminary plat process, on property generally
located at N.W. 56th Street and W. Thatcher Lane.
In connection w/04-119, 04-120, 04R-143)
(ADOPTED, 7-0; A-82862)
Fact Sheet (390K)
32) 04-126 Change of Zone 04036 - Application of the Planning
Director for a change of zone from R-4 Residential
District to R-2 Residential District on property
generally located at S. 27th Street and Stratford
Ave. (PASSED, 6-0; COOK ABSTAINED; #18402)
Fact Sheet (128K)
33) 04-127 Amending Section 27.52.030 of the Lincoln Municipal
Code relating to Standards to be followed in connection
with Flood Regulations for Existing Urban Area to make
the language consistent with the minimum FEMA standard
language for floodways. (PASSED, 7-0; #18403)
Fact Sheet (24K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
34) 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)
35) 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)
36) 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)
37) 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)
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
ont'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)
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) 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)
41) 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)
42) 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, JULY 19, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
43) 04R-169 Approving a resolution directing the submission of a
proposed General Obligation Bond Issue not to exceed
$75,000,000 for acquisition and construction of
improvements to the City's streets and avenues,
public ways and trails at a Special election to
be held on September 14, 2004.
Fact Sheet (15K)
44) 04R-166 Waiver 04008 - Application of Union College to
waive the parking lot surfacing requirements for a
16,500 sq. ft. area generally located at S. 51st
Street and Bancroft Ave.
Fact Sheet (159K)
45) 04R-170 Supporting fairness, justice and equal opportunity
in the work place and working towards eliminating
racism and discrimination in the work place.
46) 04R-171 Approving Responsible Beverage Service Programs
provided by the Responsible Hospitality Council
for managers or licensees required to obtain
manager/server training under Section 5.04.035 of
the Lincoln Municipal Code.
Fact Sheet (14K)
47) 04R-174 Preliminary Plat 02005 - Accepting and approving
the preliminary plat of Catherland Subdivision and
waiving the required sidewalk on Cather Street,
allowing the sanitary sewer to run opposite street
grades, and allowing the sanitary sewer to drain
from one basin to another, on property generally
located at N. 70th Street and Fletcher Ave.
Fact Sheet (266K)
48) 04R-175 Amending Resolution No. A-82833 to describe the
purpose of expanding the boundary of Use Permit
No. 94B to allow a free standing pharmacy rather
than a medical office building.
49) 04R-176 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
June 16 - 30, 2004.
Fact Sheet (13K)
Attachment (30K)
50) 04R-177 Approving a contract involving the expenditures of
money from appropriations of more than one year
for a water project that provides for the
construction of nitrification and capacity
improvements at the Theresa Street Wastewater
Treatment Facility.
Fact Sheet (57K)
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 (7/14/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (7/19/04).
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 2:43 PM
***
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