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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 13, 2004 AT 1:30 P.M.
ALL PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Jerry and Sandra Irwin dba The Foxy
Lady to expand their licensed premises by the
addition of an outside area measuring approximately
22 feet by 17 feet at 1823 "O" Street. (ADOPTED
FOR APPROVAL, 4-3; DISSENTING: CAMP, FRIENDT, SVOBODA;
A-82956)
2) Application of Pershing Center for a special
designated liquor license to cover an area on the
north and south lawns of Pershing Center between
16th Street and Centennial Mall on September 25,
2004 from 5:00 a.m. to 11:50 p.m. (ADOPTED FOR
APPROVAL, 7-0; A-82957)
3) Application of Barrymore's for a special
designated liquor license to cover an area
measuring 60 feet by 20 feet in the alley at 124
North 13th Street on October 2, 16, 30, and
November 26, 2004 from 8:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-82958)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS
(ITEMS 4 THRU 14 HAD 2ND READING; SEE ITEMS 4, 7, 8, 13 & 14)
4) 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. (Request 2nd & 3rd
Readings) (WAIVED RULES TO HAVE ACTION ON
THIS DATE, 7-0; PASSED, 7-0, #18432)
Attachment (28K)
Fact Sheet (35K)
5) 04R-233 Approving the labor contract between the City of
Lincoln and the International Association of
Firefighters. (ADOPTED, 7-0; A-82959)
Attachment (131K)
Fact Sheet (35K)
6) 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)
7) 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)
(WAIVED RULES TO HAVE ACTION ON THIS DATE, 5-2;
DISSENTING: COOK, WERNER; PASSED, 7-0; #18433)
Fact Sheet (174K)
8) 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)(WAIVED RULES TO HAVE
ACTION ON THIS DATE, 5-2; DISSENTING: COOK,
WERNER; PASSED, 7-0; #18434)
Fact Sheet (147K)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)(DELAYED ACTION FOR 1 WEEK TO 9/20/04, 7-0)
Fact Sheet (332K)
14) 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/04-164,
04R-226)(DELAYED ACTION FOR 1 WEEK TO 9/20/04, 7-0)
Fact Sheet (258K)
PUBLIC HEARING - RESOLUTIONS
15) Application of Blessed Sacrament Church, 1720
Lake Street, to conduct a lottery within the
City of Lincoln from September 11, 2004 through
October 10, 2004. (ADOPTED, 7-0; A-82960)
16) Application of North American Martyrs Catholic
Parish, 1101 Isaac Drive, to conduct a lottery
within the City of Lincoln from September 29,
2004 through November 21, 2004. (ADOPTED, 7-0;
A-82961)
17) Application of St. Teresa's Catholic Church, 735
S. 36th Street, to conduct a lottery within the
City of Lincoln from September 26, 2004 through
November 14, 2004. (ADOPTED, 7-0; A-82962)
18) 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. (ACTION DELAYED FOR 2 WEEKS TO 9/27/04,
6-1; DISSENTING: WERNER)
Fact Sheet (464K)
19) 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. (ADOPTED, 6-1;
DISSENTING: COOK; A-82963)
Fact Sheet (193K)
20) 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. (AMENDED, 7-0;
ADOPTED AS AMENDED, 6-1; DISSENTING: WERNER;
A-82964)
Fact Sheet (62K)
21) 04R-231 Appeal of Alodium LLC to the Arterial Street
Impact Fees imposed for the building located at
6710 L Street. (PUBLIC HEARING & ACTION
CONT'D FOR 1 WEEK TO 9/20/04, 7-0)
Approval (10K)
Denial (11K)
Attachment (466K)
22) 04R-232 Calling upon federal, state and local officials,
and upon Lincoln agencies and institutions, to
affirm and uphold civil rights and civil
liberties. (AMENDED, 7-0; ADOPTED AS AMENDED,
4-3, DISSENTING: CAMP, FRIENDT, SVOBODA; A-82965)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
23) FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone 04044 - Application of Planning
Director to amend LMC Chapter 27.65 and to
add a new chapter 27.83 to the Lincoln zoning
ordinance to address "Build - Through"
standards.
Change of Zone 04057 - Application of Hoegemeyer
Palmer Construction Inc for a change from AG
Agricultural District to R-3 Residential
District on property generally located at
S. 84th Street and Kathy Lane.
Change of Zone 04058 - Application of Planning
Director at the request of Public Works and
Utilities to amend Section 27.82.110
"Miscellaneous Provisions" of the impact
fee ordinance.
Special Permit 04042 - Application of Hoegemeyer
Palmer Construction Inc to develop Lattimer's
Addition Community Unit Plan for approximately
13 single family units generally located at
S. 84th Street and Kathy Lane.
Special Permit 04045 - Application of Father
Panzer to increase lot coverage for a church
on property generally located at NW 12th Street
and Isaac Drive.
24) Setting the hearing date of Monday, September 20,
2004 at 1:30 pm for an Application of Slapshotz
Bar & Grill Inc dba Slapshotz Bar & Grill for a
Class I Liquor License at 1245 Libra Drive,
Suite 110. (ADOPTED, 7-0; A-82966)
25) Setting the hearing date of Monday, September 20,
2004 at 1:30 pm for an Application of Katch LLC
dba Luckie's Lounge for an addition to licensed
premise for a beer garden area located at
1101 West Bond Street. (ADOPTED, 7-0; A-82967)
26) Setting the hearing date of Monday, September 20,
2004 at 1:30 pm for an Application of 1339 "O"
Street Inc dba Brothers Est 1967 for an addition
to licensed premise for an L-Shaped Outdoor
Sidewalk cafe‚ approximately 8' x 108' at the
NE Corner of the building at 1339 "O" Street.
(ADOPTED, 7-0; A-82968)
27) Setting the hearing date of Monday, September 20,
2004 at 1:30 pm for a Manager Application of
Derek A. Pierson for Wadsworth Old Chicago Inc
dba Old Chicago located at 826 P Street.
(ADOPTED, 7-0; A-82969)
28) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, September 27,
2004 at 5:30 p.m. for the Application of Gas N Shop
Inc dba Gas N Shop for a Class "D" liquor license
at 951 West "O" Street. (ADOPTED, 7-0; A-82970)
REPORTS OF CITY OFFICERS
29) Clerk's Letter and Mayor's approval of
ordinances and resolutions passed by City
Council on August 30, 2004. (PLACED ON FILE)
30) Investment of Funds for the week of August 16
thru August 27, 2004. (ADOPTED, 7-0; A-82971)
31) Report from City Treasurer of City Cash on hand
at the close of business July 31, 2004.
(PLACED ON FILE)
32) Report from City Treasurer Telecommunications
Occupation Tax for the month of July, 2004:
Guaranteed Phone Service, One Call Comm, Network
Billing Systems LLC, Sprint Communications
Company, ECI Communications Inc.
(PLACED ON FILE)
33) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for August, 2004.
(PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 34 THRU 40 HAD 1ST READING)
34) 04-167 Change of Zone 04054 - Application of Steven
Miers for a change of zone from R-5 to I-1 on
approximately 1.6 acres generally located at
66th and Vine Streets.
Fact Sheet (276K)
35) 04-168 Street and Alley Vacation 03017 - Vacating the
west 20' of 24th Street between U and Vine
Streets and the north 15' of U Street from
23rd to 24th Streets. (In connection
w/04R-243)
Fact Sheet (232K)
36) 04R-243 Special Permit 04025 - Application of Brighton
Construction Company to develop Liberty
Village Community Unit Plan consisting
of 16 single family dwellings with requested
waivers to the required preliminary plat
process, front and side yard setbacks,
storm water detention, minimum lot area,
average lot width, recreation facilities,
open space, and utility easement width,
on property generally located at 24th and
Vine Streets. (In connection w/04-168)
Fact Sheet (432K)
37) 04-169 Approving a Sublease Agreement between the City
of Lincoln and Lincoln Action Program for providing
job training and employment services under the
Workforce Investment Act.
38) 04-170 Approving a Communications Site Sublease Agreement
between the City and Wireless Land LP for the
placement of 911 facilities on a City tower in
Saunders County.
Fact Sheet (27K)
Attachment (451K)
39) 04-171 Approving an Antenna Site Lease Agreement between
the City and Norris Public Power District for the
placement of 911 facilities on a City tower in
Hallam, Nebraska.
Fact Sheet (24K)
Attachment (189K)
40) 04-172 Approving a Communications Site License Agreement
between the City and Nextel WIP Lease Corp. for
the placement of 911 facilities on City property
in Ceresco, Nebraska.
Fact Sheet (25K)
Attachment (449K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
41) 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) (8/30/04 - Delay
Action 2 weeks to 9/13/04)(PASSED, 7-0; #18435)
42) 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)
(8/30/04 - Delay Action 2 weeks to 9/13/04)
(ADOPTED, 7-0; A-82972)
Fact Sheet (408K)
43) 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)(8/30/04 - Delay
Action 2 weeks to 9/13/04) Delay Action 2 weeks
to 9/13/04)(ADOPTED, 7-0; A-82973)
Fact Sheet (514K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
44) 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)
45) 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)
46) 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)
47) 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 ft
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)
48) 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)
49) 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)
50) 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)
51) 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 20, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
52) 04R-234 Reappointing Carol Ott Schacht to the Community
Health Endowment Board of Trustees for a three-
year term expiring September 1, 2007.
53) 04R-235 Appointing Stuart R. Long and Dan Senstock to the
Cable Advisory Board for three-year terms expiring
July 1, 2007.
Application (102K)
54) 04R-236 Appointing Jan Gauger and (Mary) Lynne C. Schroeder
to the Community Development Task Force for terms
expiring August 31, 2005 and August 31, 2007,
respectively.
Application (105K)
55) 04R-237 Use Permit 123C - Application of North 33rd LLC to
amend Landmark Corporate Center to reduce the rear
yard setback of Lots 11 and 19, Block 2 to
accommodate driving aisles and to reduce the side
yard setback between Lots 10 and 11, Block 2, for
a shared access drive, on property generally
located at North 33rd Street and Folkways
Boulevard.
Fact Sheet (434K)
56) 04R-238 Adopting the LES Rate Schedules, Service
Regulations and Cost Analysis Summary for Rates
effective October 1, 2004.
Fact Sheet (28K)
57) 04R-240 Use Permit 117A - Application of Security First
Bank to amend Horizon Business Center to allow a
ground sign more than thirty feet from the
building on property generally located at S. 14th
Street and Garrett Lane.
Fact Sheet (496K)
58) 04R-241 Special Permit 04035 - Application of Chris Kodad
and Believer's Fellowship Church to develop
Andrea's Court Community Unit Plan consisting of
32 townhouse units and a church, with requested
waivers to eliminate the preliminary plat process,
detention/retention storage for storm water,
sidewalks on both sides of the private roadway,
minimum lot area, cul-de-sac geometry, and the
required yard setbacks, on property generally
located at 40th and Superior Streets.
Fact Sheet (972K)
59) 04R-242 Approving the 2004 - 2005 City tax rate of .29498
per $100 of assessed valuation which represents a
1.6% increase in the tax rate.
Fact Sheet (27K)
Attachment (45K)
60) 04R-244 Approving an application of the Parks and
Recreations Department for a grant application to
the Federal Recreational Trails Program to fund
the .35 mile pedestrian/bicycle Tierra Connector
to connect the Rock Island Trail at 27th and
Highway 2 to the Tierra Williamsburg Trail in
Tierra Park at approximately 27th and Tierra
Drive.
Fact Sheet (48K)
61) 04R-245 Approving an application of the Parks and
Recreations Department for a grant application to
the Federal Transportation Enhancement Program to
fund a 2.09 mile pedestrian/bicycle to connect the
Antelope Creek Trail at Old Cheney Road to Highway 2.
Fact Sheet (42K)
62) 04R-246 Appointing R. Lynn Wilson to the Auditorium
Advisory Board for a six-year term expiring
August 31, 2010.
Application (128K)
63) 04R-247 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
August 16 -31, 2004.
Fact Sheet (12K)
Attachment (26K)
Friendt made a motion from the floor to show City Council
support for the bond issue to fund streets, public ways,
and trail improvements. (PASSED, 5-2; DISSENTING: NEWMAN, WERNER)
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 (9/15/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (9/20/04).
Barbara L. Poppe Subject: Go Carts: On Lincoln city streets
(DID NOT APPEAR BEFORE THE CITY COUNCIL)
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 9:28 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