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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 30, 2004 AT 5:30 P.M.
NOTICE: THERE WILL BE NO COUNCIL MEETING THE WEEK OF
SEPTEMBER 6TH DUE TO THE LABOR DAY HOLIDAY
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS - NONE
PUBLIC HEARING - RESOLUTIONS
1) 04R-216 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
August 1 - 15, 2004.
Fact Sheet (13K)
Attachment (31K)
(AMENDED, 5-0; ADOPTED AS AMENDED, 5-0; A-82942)
2) 04R-217 Reappointing D. Bert Harris, Gerald Schleich,
Helen G. Meeks, Marilyn McNabb, and Jose J. Soto
to the Charter Revision Commission for four-year
terms expiring July 15, 2007.
(ADOPTED, 5-0; A-82943)
3) 04R-218 Reappointing Joel Gajardo and Carlos Servan to the
Multicultural Advisory Committee for three-year
terms expiring September 18, 2007.
(ADOPTED, 5-0; A-82944)
4) 04R-219 Appointing Colette M. Mast to the Multicultural
Advisory Committee for a three-year term to expire
September 18, 2007.
Attachment (24K)
(ADOPTED, 5-0; A-82945)
5) 04R-220 Appointing Daniel L. Anderson and Dr. Chuck
Erickson to the Community Health Endowment Board
of Trustees for three-year terms expiring
September 1, 2007.
Attachment (195K)
(ADOPTED, 5-0; A-82946)
6) 04R-221 Approving an Interlocal Agreement between the City
of Lincoln and the Village of Malcolm for the
operation of a Keno lottery in Malcolm.
Attachment (89K)
(APPROVED SUBSTITUTE AGRMT., 5-0; ADOPTED, 5-0;
A-82947)
7) 04R-222 Approving the City of Lincoln Rules and
Regulations for Living Wage Ordinance.
Attachment (68K)
(ADOPTED, 4-1; FRIENDT DISSENTING; A-82948)
8) 04R-223 Reappointing Terry Werner to the Utility Billing
Check-Off Program Board for a one-year term
expiring August 31, 2005.
(ADOPTED, 5-0; A-82949)
9) 04R-224 Reappointing Glenn Friendt, Jonathan Cook, and Ken
Svoboda to the Railroad Transportation Safety
District for one-year terms expiring
August 31, 2005.
(ADOPTED, 5-0; A-82949)
10) 04R-225 Reappointing Annette McRoy to the Joint Budget
Committee for a
two-year term expiring August 31, 2006.
(ADOPTED, 5-0; A-82951)
11) 04R-1977 Approving a schedule of maximum fees the City may
charge for ambulance service.
Fact Sheet (241K)
Attachment (242K)
(ADOPTED, 4-1; FRIENDT DISSENTING; A-82952)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
12) MISCELLANEOUS REFERRALS
Report from City Treasurer Telecommunications Occupation
Tax for the month of July, 2004: D & D, Telecorp.,
TT Wireless PCS, Nextel West,Zone, Acceris, Tri-M,
Association Adm., Cellular One, Norton Network Services, NOS, Lightyear, Globalcom, GTC Telecom,
LDMI, Affinity Network. (PLACED ON FILE)
Report from City Treasurer of franchise tax from
Aquila. (PLACED ON FILE)
Setting the hearing date of Monday, September 20, 2004
at 1:30 p.m. for the App. of Van Eiser, LLC dba Venue
for a Class "I" liquor license at 4111 Pioneer
Woods Drive. (ADOPTED, 5-0; A-82953)
Setting the hearing date of Monday, September 20, 2004
at 1:30 p.m. for the App. of Van Eiser, LLC dba Venue
for a Class "K" liquor license at 4111 Pioneer Woods
Drive. (ADOPTED, 5-0; A-82954)
Clerk's letter and Mayor's approval of ordinances
& resolutions passed by Council on August 23, 2004.
(PLACED ON FILE)
Clerk's letter and Mayor's approval of ordinances
& resolutions passed by Council on August 27, 2004.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
13) Request of Public Works to set a Public
Hearing date of Monday, September 27, 2004,
at 5:30 p.m. and place on the formal City
Council Agenda the following:
04-158 To provide authority to create a paving
district being West Benton Street, west
of North First Street approximately 600
feet +/- and assess the costs thereof
against the benefitted properties.
(APPROVED, 5-0)
14) Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended July 31, 2004.
(ADOPTED, 5-0; A-82955)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 15 THRU
24 HAD 1ST READING)
15) 04-165 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter F to adjust the
hourly pay range.
Attachment (28K)
Fact Sheet (35K)
16) 04-156 Street and Alley Vacation 04008 - Vacating 21st
Street between Y Street and the abandoned Missouri
Pacific Railroad right-of-way.
Fact Sheet (751K)
17) 04-159 Change of Zone 04040 - Application of Joyce
Hinkley Limited Partnership for a change of zone
from I-1 Industrial District to R-5 Residential
District on property generally located at 58th
Street and Colfax Avenue. (In connection w/04-
160) (Request 2nd & 3rd
Readings 9/13/04)
Fact Sheet (174K)
18) 04-160 Street and Alley Vacation 04009 - Vacating the
section of North 58th Street right-of-way between
Colfax Avenue and the Murdock Trail. (In
connection w/04-159) (Request 2nd
& 3rd Readings 9/13/04)
Fact Sheet (147K)
19) 04-161 Change of Zone 04032 - Amending Chapter 27.60 of
the Lincoln Municipal Code relating to the Planned
Unit Development District by revising the
statement of intent of the Planned Unit
Development District; by amending Section
27.60.010 to revise the general purpose; by
amending Section 27.60.020 to delete existing use
regulations and to add general requirements and
development plan requirements for planned unit
developments; by renumbering Section 27.60.035 as
27.60.030 and amending the same to delete existing
requirements regarding the form of a preliminary
plan and to add requirements for the form of a
final planned unit development; by amending
Section 27.60.040 to delete existing requirements
regarding preliminary plan procedures and to add a
process for reviewing applications for a planned
unit development; by adding a new section numbered
27.60.050 to provide requirements for a planned
unit development following approval; by repealing
Section 27.60.055 regarding final plan form; by
repealing Section 27.60.056 regarding final plan
procedure; by amending Section 27.60.060 to delete
the existing language regarding amendment to
planned unit developments and to add new
requirements; by repealing Section 27.60.070
regarding abandonment or failure to proceed with
development of a planned unit development; and
adding a new section numbered 27.60.080 to provide
provisions regarding previously approved planned
unit developments.
Fact Sheet (34K)
20) 04-162 Change of Zone 04043 - Amending Title 27 of the
Lincoln Municipal Code to allow churches as a
permitted conditional use in the I-1, I-2 and the
I-3 zoning districts by amending Section 27.47.020
to delete churches from the general use
regulations of the I-1 Industrial District;
amending Section 27.47.035 to add churches as a
permitted conditional use in the I-1 Industrial
District and specifying conditions therefor;
amending Section 27.47.040 to provide that early
childhood care facilities and schools are not a
permitted accessory use to a church in the I-1
Industrial District; amending Section 27.49.020 to
delete churches from the general use regulations
of the I-2 Industrial Park District; amending
Section 27.49.030 to add churches as a permitted
conditional use in the I-2 Industrial Park
District and specifying conditions therefor;
amending Section 27.49.050 to provide that early
childhood care facilities and schools are not a
permitted accessory use to a church in the I-2
Industrial Park District; amending Section
27.51.040 to add churches as a permitted
conditional use in the I-3 Employment Center
District and specifying conditions therefor;
amending Section 27.51.060 to provide that early
childhood care facilities and schools are not a
permitted accessory use to a church in the I-3
Employment Center District.
Fact Sheet (61K)
21) 04-163 Change of Zone 04047 - Application of Jerome
Hittner, Michael McKeeman, and Manette Kidney for
a change of zone from AG Agricultural District and
R-3 Residential District to O-2 Suburban Office
District on property generally located at 84th
Street and Old Cheney Road.
Fact Sheet (139K)
22) 04-164 Change of Zone 04048 - Application of Wilderness
Ridge, LLC for a change of zone from O-3 Office
Park District to R-3 Residential District, on
property generally located southwest of South 27th
Street and Yankee Hill Road. (In connection
w/04R-226, 04R-227)
Fact Sheet (61K)
23) 04R-226 Special Permit 1692C - Application of Wilderness
Ridge, LLC to amend the Wilderness Ridge Community
Unit Plan to expand the Wilderness Ridge Golf
Course to include a parking lot on property
generally located southwest of South 27th Street
and Yankee Hill Road. (In connection w/04-164,
04R-227)
Fact Sheet (332K)
24) 04R-227 Use Permit 126B - Application of Wilderness Ridge,
LLC to amend the Wilderness Woods Office Park to
revise the boundaries by removing the area of the
parking lot from the use permit, with a waiver to
reduce the rear yard setback, on property
generally located southwest of South27th Street
and Yankee Hill Road. (In connection w/04164,
04R-226)
Fact Sheet (258K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
25) 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)
(ACTION DELAYED FOR TWO WEEKS TO 9/13/04, 5-0)
26) 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)
(8/23/04 - Action Delayed to 8/30/04)
Fact Sheet (408K)
(ACTION DELAYED FOR TWO WEEKS TO 9/13/04, 5-0)
27) 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) (8/23/04 - Action Delayed to 8/30/04)
Fact Sheet (514K)
(ACTION DELAYED FOR TWO WEEKS TO 9/13/04, 5-0)
28) 04R-207 Directing submittal to the
qualified electors of the City the
approval or rejection of Ordinance
No. 18396 and adopting the Lincoln
Smoking Regulation Act to prohibit
smoking in indoor public places and
places of employment. (8/23/04 -
Action delayed one week to 8/30/04)
(Will be withdrawn if action is
taken at Special Council Meeting of
8/27/04) (WITHDRAWN, 5-0; #38-4483)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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, SEPTEMBER 13, 2004 AT 1:30 P.M.:
(APPROVED, 5-0)
38) 04R-228 Comp. Plan Amendment 04020 - Amending the Mobility
and Transportation element of the
Lincoln/Lancaster County Comprehensive Plan, to
upgrade existing US Highway 77/West Bypass from an
expressway to a freeway beginning at the planned
South Beltway interchange just south of Saltillo
Road and ending at Interstate 80, to construct new
interchanges at Pioneers Boulevard and Warlick
Boulevard, to close access to US-77 at Rokeby
Road, Yankee Hill Road and Old Cheney Road, and to
change the future functional classification of US-
77 from I-80 to the South Beltway interchange, the
South Beltway and the East Beltway to freeway
status.
Fact Sheet (464K)
39) 04R-229 Special Permit 04004A - Application of Meyer
Homes, Inc. to amend the Stone Bridge Creek
Community Unit Plan to allow a deck higher than
three feet to extend up to eight feet into the
rear yard setback, on property generally located
at 7310 Whitewater Lane.
Fact Sheet (193K)
40) 04R-230 Authorizing the Mayor to execute a multi-year
contract when funding comes from more than one
fiscal year C.I.P. budget for Project No. 780106,
Antelope Valley Big T, Joint Antelope Valley
Authority (JAVA) project.
Fact Sheet (62K)
41) 04R-231 Appeal of Alodium LLC to the Arterial Street
Impact Fees imposed for the building located at
6710 L Street.
Approval (10K)
Denial (11K)
Attachment (466K)
42) 04R-232 Calling upon federal, state and local officials,
and upon Lincoln agencies and institutions, to
affirm and uphold civil rights and civil
liberties.
43) 04R-233 Approving the labor contract between the City of
Lincoln and the International Association of
Firefighters.
Attachment (131K)
Fact Sheet (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 (9/08/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (9/13/04).
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 5:56 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