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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 16, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT; EXCEPT WERNER
MAYORS AWARD OF EXCELLENCE - WES NELSON OF THE PUBLIC
WORKS & UTILITIES DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of BCRT Inc. dba Coyote Willy to
expand their licensed premise by an area measuring
45' by 60' in the northeast corner of the building
at 2137-A Cornhusker Highway making the licensed
premise as the one story building approximately
100' by 90'. (ADOPTED FOR APPROVAL, 6-0; A-82908)
2) Application of Lichti Bros. Oil Co., Inc. dba
Shell Food Mart for a Class B liquor license at
1101 Belmont Street. (ADOPTED FOR APPROVAL, 6-0;
A-82909
3) Manager application of Timothy C. Lichti for
Lichti Bros. Oil Co., Inc. dba Shell Food Mart at
1101 Belmont Street. (ADOPTED FOR APPROVAL, 6-0;
A-82910)
4) Application of Lichti Bros. Oil Co., Inc. dba
Shell Food Mart for a Class B liquor license at
6000 Havelock Ave. (ADOPTED FOR APPROVAL, 6-0;
A-82911)
5) Manager application of Timothy C. Lichti for
Lichti Bros. Oil Co., Inc. dba Shell Food Mart at
6000 Havelock Ave. (ADOPTED FOR APPROVAL, 6-0;
A-82912)
6) Manager application of Geoffrey M. Webb for
Barry Good Inc. dba Barry's Bar & Grill at
235 N. 9th Street. (ADOPTED FOR APPROVAL, 5-1;
DISSENTING: COOK; A-82913)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 THRU 9 HAD 2ND READING)
7) 04-153 Authorizing the transfer of unspent and
unencumbered appropriations and cash within the
Public Works & Utilities Department between
certain capital improvements projects within the
Water Revenue Fund, Sanitary Sewer Construction
Fund, Storm Sewer Bond Fund, Landfill Revenue
Fund, Street Construction, and Parking Fund.
Fact Sheet (54K)
8) 04-154 Amending Section 8.20.230 of the Lincoln Municipal
Code to increase the permit fee for Level II Food
Handler and Level II Approved Inservice Food
Handler and to establish a permit fee for Level
III Approved Inservice Food Handler.
Fact Sheet (46K)
9) 04-155 Amending Chapter 24.01 of the Lincoln Municipal
Code to change the definition of Director to refer
to the Director of Building and Safety, to
increase the schedule of fees, and to impose a
minimum fine for violating the provisions of this
Chapter.
Fact Sheet (50K)
PUBLIC HEARING - RESOLUTIONS
10) Application of St. Patrick School at 4142 N. 61st
Street to conduct a raffle within the City of
Lincoln from the date of the permit through
November 18, 2004. (ADOPTED, 6-0; A-82914)
Attachment (161K)
11) 04R-198 Reappointing Jan Gauger to the Lincoln Housing
Authority Board for a five-year term expiring
July 1, 2009. (ADOPTED, 6-0; A-82915)
12) 04R-199 Special Permit 04033 - Application of Sterling
Hills LLC to develop Sterling Hills Community Unit
Plan for 119 dwelling units with requested waivers
of the Land Subdivision Ordinance and Zoning Code
to waive preliminary plat process, to allow
sanitary sewer to flow opposite street grades, to
allow lots to exceed the maximum lot width to
depth ratio, to allow lot lines not at right
angles to the street, to allow adjustments to the
front, side and rear yard setbacks, to adjust the
minimum lot area, to reduce the required roadway
width from 27' to 23', and to allow sidewalks
behind the homes as opposed to along the street,
on property generally located northwest of South
37th Street and Yankee Hill Road. (AMENDED,
6-0; ADOPTED AS AMENDED, 6-0; A-82916)
Fact Sheet (502K)
13) 04R-200 Use Permit 04002 - Application of Cameron
Corporation to develop 112 dwelling units and two
outlots in the O-3 Office Park District with
requested waivers of the Land Subdivision
Ordinance and Zoning Code to waive front, side and
rear yard setbacks, location of sanitary sewer
main, location of water main, lot depth to width
ratio, to allow sanitary sewer flowing opposite
street grades, and to waive the preliminary plat
process, on property generally located at W.
Fletcher Avenue and N.W. 12th/13th Streets.
(PUB. HEARING & ACTION CON'T FOR 1 WEEK
TO 8/23/04, 6-0)
Fact Sheet (754K)
14) 04R-201 Declaring an area generally bounded by M Street on
the south, 48th Street on the west, R Street on
the north, and 52nd Street on the east as blighted
and substandard. (PUB. HEARING & ACTION CON'T FOR
1 WEEK TO 8/23/04, 6-0)
Fact Sheet (619K)
15) 04R-202 Approving an Interlocal Agreement between the City
of Lincoln Aging Services and Polk County to
provide planning and coordination of services for
the development, management, and operation of the
County's aging programs, and for information and
referral services of older citizens within Polk
County. (ADOPTED, 6-0; A-82917)
Fact Sheet (43K)
Attachement (761K)
16) 04R-203 Reappointing Jonathan Cook to the Public Building
Commission for a three-year term expiring
August 1, 2007. (ADOPTED, 6-0; A-82918)
17) 04R-205 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
July 16 - 31, 2004. (ADOPTED, 6-0; A-82919)
Fact Sheet (13K)
Attachment (31K)
18) 04R-206 Approving a labor contract between the City of
Lincoln and the Lincoln Police Union effective
August 12, 2004. (ADOPTED, 6-0; A-82920)
Fact Sheet (136K)
Attachment (107K)
PUBLIC HEARING
ORDINANCES - 3RD READING
19) 04-149 Street & Alley Vacation No. 04004 - Vacating South
6th Street between the south line of the
Burlington Northern Santa Fe Railroad right-of-way
and the north line of the east/west alley between
M and L Street, generally located at 6th and M Streets.
(8/9/04 - Public Hearing Continued w/Action to 8/16/04)
(PASSED, 6-0; #18425)
Fact Sheet (164K)
IMPACT FEE APPEAL
20) 04R-215 Appeal of Impact Fee Determination on behalf of
Berean Fundamental Church of Lincoln, Nebraska,
covering Building Permit Application No. B0401352,
on property located at 6400 South 70th St.
(ADOPTED FOR DENIAL, 6-0; A-82921)
Fact Sheet (57K)
Attachment (183K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
21) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
August 9, 2004. (PLACED ON FILE)
Investments of Funds for the week of July 26 thru
August 6, 2004. (ADOPTED, 6-0; A-82922)
Report of UNL Microbiologist for water testing for
the month of July, 2004. (PLACED ON FILE)
Report from City Treasurer Telecommunications
Occupation Tax for the month of April thru
June, 2004: American Farm Bureau Inc, GE Business
Produtions Solutions; June, 2004: One Call
Communications, Nebraska Technology & Telecomm Inc,
Shaffer Communications Inc, Liberty Wireless, Network
Billing Systems, United Systems Access Telecom, T-Netix
Telecom Services, Quantum Shift Comm, IBM Global Services;
July, 2004: ATS Mobile Telephone Co Inc. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
22) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
August 2, 2004. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 23 THRU 25 HAD 1ST READING)
23) 04-157 Change of Zone 04017 - Application of Glen
Herbert for a change of zone from AGR
Agricultural Residential to R-3 Residential
on property generally located at S. 84th
Street and Pine Lake Road. (In connection
w/04R-212, 04R-213)
24) 04R-212 Special Permit 04011 - Application of Glen
Herbert to develop Boulder Ridge Community Unit
Plan for 189 single family units, 48 single family
attached units, 224 multiple family units, and an
additional 240 unassigned units on property
generally located at S. 84th Street and Pine
Lake Road. (In connection w/04-157, 04R-213)
Fact Sheet (408K)
25) 04R-213 Appeal of Glen Herbert from the Planning
Commission conditional approval of Boulder Ridge
Preliminary Plat, condition 1.1.14 requiring
corrections to the preliminary plat in accordance
with the Public Works and Utilities Department
memo, on property located at S. 84th Street and
Pine Lake Road. (In connection w/04-157, 04R-212)
Fact Sheet (514K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
26) 04R-192 Authorizing the acceptance of the donation of one
piece of artwork for inclusion in the City's
public art collection and for display on public
property. (8/9/04 - Action Delayed 1 Week to
8/16/04) (ADOPTED, 4-2; DISSENTING: MCROY & NEWMAN;
A-82923)
Fact Sheet (42K)
27) 04-150 Miscellaneous No. 04006 - Vacating a portion of
the plat of Riverside Addition, a portion of the
plat of Halters Subdivision, Lot 60 I.T., and all
of the previously vacated street and alley rights-
of-way adjacent thereto, located along Salt Creek,
north of Military Road. (North 14th and
Virginia Streets) (PASSED, 6-0; #18426)
Fact Sheet (130K)
28) 04-151 Change of Zone 04035 - Application of Madonna
Rehabilitation Hospital for a change of zone from
R-4 Residential District to O-3 Office Park
District on property generally located at S. 56th
Street and Pine Lake Road. (In connection
w/04R-193, 04R-194, 04-152) (PASSED, 6-0; #18427)
Fact Sheet
29) 04R-193 Special Permit 1713C - Application of Madonna
Rehabilitation Hospital to amend the Aspen 3rd
Addition Community Unit Plan to permit 67 dwelling
units, with a requested waiver of the preliminary
plat process, on property generally located at S.
56th Street and Pine Lake Road. (In connection
w/04-151, 04R-194, 04-152) (8/9/04 - Action
Delayed to 8/16/04) (ADOPTED, 6-0; A-82924)
Fact Sheet (501K)
30) 04R-194 Use Permit 04001 - Application of Madonna
Rehabilitation Hospital to permit a 110,000 sq.
ft. medical/office building, on property generally
located at S. 56th Street and Pine Lake Road.
(In connection w/04-151, 04R-193, 04-152)
(8/9/04 - Action Delayed to 8/16/04)
(ADOPTED, 6-0; A-82925)
Fact Sheet (592K)
31) 04-152 Vacation 04005 - Vacating Allen Road from the west
line of Stephanie Lane west to a point approximately
565 l.f. along the centerline of Allen Road, generally
located at Pine Lake Road and Stephanie Lane.
(In connection w/04-151, 04R-193, 04R-194)
(PASSED, 6-0; #18428)
Fact Sheet (250K)
PENDING LIST - DATE CERTAIN
32) 04R-204 Approving appropriations in the amount of $38,800
from the operation of Keno lottery funds for various
human services.(8/9/04 - Delay Public Hearing &
Vote to 8/23/04)
Attachment (37K)
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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. 5th 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)
40) 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)
41) 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, AUGUST 23, 2004 AT 1:30 P.M.:
(APPROVED, 6-0)
42) 04R-207 Directing submittal to the qualified electors of
the City the approval or rejection of Ordinance
No. 18396 adopting the Lincoln Smoking Regulation
Act to prohibit smoking in indoor public places
and places of employment.
43) 04R-208 Reappointing Laurie Lage, Blanca Ramirez-Salazar,
Mark Koller, and Jeff Gorgen to the Community
Development Task Force for a three-year term
expiring August 31, 2007.
44) 04R-209 Reappointing Richard Noble and Jim Johnson to the
Cable Advisory Board for a three-year term
expiring July 1, 2007.
45) 04R-210 Reappointing Amy Tiemann-Tipton and Sharon Wherry
to the Auditorium Advisory Board for three-year
terms expiring August 31, 2007.
46) 04R-214 Approving a Landscape Maintenance Services
Agreement between the City and Northridge Heights
Partners to allow more landscaping to be planted
in three medians in Fletcher Avenue between N.
28th Street and Ridge Park Drive.
Fact Sheet (408K)
Attachment (409K)
47) 04R-211 Adopting the City of Lincoln 2004-2005 Annual
Operating Budget and Capital Improvement Program
for Fiscal Year 2004/05 - 2009/10.
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 (8/18/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (8/23/04).
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 4:33 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