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City of Lincoln City Council Office Formal Agenda/Action | |
AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, NOVEMBER 1, 2004 AT 1:30 P.M.
NOTE: IMMEDIATELY PRECEDING THE FORMAL COUNCIL MEETING,
THE CITY COUNCIL WILL CONVENE AS THE BOARD OF EQUALIZATION TO
EQUALIZE ASSESSMENTS FOR THE DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT, THE CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY AND THE
MAINTENANCE IMPROVEMENT BUSINESS DISTRICT.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Morris L. Motes for
Whitehead Oil Company dba U-Stop Convenience Shop
at 2925 N.W. 12th Street. (ADOPTED, 7-0; A-83061)
2) Manager application of Dawn M. Whalen for
Whitehead Oil Company dba U-Stop Convenience Shop
at 240 N. 17th Street. (ADOPTED, 7-0; A-83062)
3) Manager application of Barbara J. Ehrisman for
Whitehead Oil Company dba U-Stop Convenience Shop
at 942 S. 27th Street. (ADOPTED, 7-0; A-83063)
4) Application of Eric Lemke dba Windsor Stables
Reception Centre for a liquor catering license at
1024 L Street. (ADOPTED, 7-0; A-83064)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 5 & 6 HAD 2ND READING)
5) 04-199 Change of Zone 04061 - Application of Aspen
Builders, Inc. for a change of zone from AGR
Agricultural Residential District to R-3
Residential District on property generally located
south of West A Street and east of S.W. 27th
Street.
Fact Sheet (139K)
6) 04-200 Amending Chapter 14.56 of the Lincoln Municipal
Code establishing a permit process for issuance of
a permit to place privately owned outdoor artwork
in the public right-of-way or on publicly owned
property.
PUBLIC HEARING - RESOLUTIONS
7) 04R-283C Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
October 1 - 15, 2004. (10/25/04 - Claim of
Katherine Irons held over for Public Hearing &
Action) (ADOPTED, 7-0; A-83065)
Fact Sheet (14K)
Attachement (32K)
8) 04R-287 Appointing Ruthelen S. Sittler to the Lincoln Area
Agency on Aging Advisory Council to fill an
unexpired three-year term expiring July 1, 2006.
(ADOPTED, 7-0; A-83066)
9) 04R-288 Hearing on Brubaker Rentals' Notice of Appeal
appealing from the impact fee determination of
Arterial Street Impact Fees imposed for the multi-
family dwelling located at 2300 B Street and
requesting a waiver of said fees. (ADOPTED
FOR DENIAL, 7-0; A-83067)
Approval (10K)
Denial (67K)
Fact Sheet (58K)
10) 04R-289 Misc. 04010 - Amending Chapter 1.0, Section 2.2,
and Chapter 3.75 of the City of Lincoln Design
Standards to clarify and to modify provisions
relating to porches, principal facades, garages,
driveways and other standards, and to amend
procedures for waivers and appeals. (AMENDED,
7-0; ADOPTED AS AMENDED, 7-0; A-83068)
Attachment (76K)
Fact Sheet (561K)
11) 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. (10/18/04
- Voted to Reconsider 10/25/04) (10/25/04 -
To have Public Hearing & Action 11/1/04)
(SUBSTITUTE RESOLUTION ACCEPTED, 7-0; MTA#1,
7-0; MTA#2, 7-0; SUBSTITUTE RESOLUTION ADOPTED,
5-2, DISSENTING: COOK, WERNER; A-83069)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
12) Setting the hearing date of Monday, November 15,
2004 at 1:30 pm for a Manager Application for James
C. Kelsey for B & R Stores Inc dba Russ's B & R IGA
located at 130 North 66th Street. (ADOPTED, 7-0;
A-83070)
13) MISCELLANEOUS REFERRALS
Clerk's letter and Mayor's approval of Ordinances and
Resolutions passed by the City Council on October 25, 2004.
(PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 04071 - Application of Planning
Director, to strike Sections 27.11.030(a),
27.11.040(s), 27.13.030(a)4, 27.13.040(s),
27.15.030(a), 27.15.040(v), 27.16.030(a)4,
27.16.040(v), 27.17.030(a)4, 27.17.040(t),
27.19.030(a)3, 27.19.040, 27.21.030(a)3,
27.21.040(q), 27.23.030(a)3, 27.23.040(p),
Special Permit 27.63.520 Permitted Special Use;
Churches; increased lot coverage of the Lincoln
Municipal Code, to strike sections dealing with
lot coverage for churches.
Change of Zone No. 040472 - Application of Planning
Director, to amend Section 27.63 of the Lincoln
Municipal Code, for appeal procedures to the
City Council.
Change of Zone No. 04073 - Application of Mark Hunzeker,
from P Public Use District to I-1 Industrial
District, on property located at N. 33rd Street
and Superior Street.
Use Permit No. 04003 - Application of Olsson Associates,
to waive the sign ordinance requiring on-premise
grounds signs for each free standing pad site,
internal side yard setbacks, the preliminary plat
process, and all parking lots to encroach the
external front yard setback, on property located
at NW 48th Street and West Huntington Avenue.
Use Permit No. 04004 - Application of Highlands Townhomes LLC,
for 94 dwelling units, with requests to waive the
preliminary plat process and sanitary sewer, on
property located at NW 13th Street and Fletcher
Avenue.
Use Permit No. 04005 - Application of Brain D. Carstens
on behalf of RLM LLC, for 38 single family attached
units and two 5,000 square foot office buildings,
with requests to waive rear and side yard setbacks,
lot depth to width ratio, required frontage, and
sanitary sewer, on property located at NW 1st and
W. Barons Road.
REPORTS OF CITY OFFICERS
14) Report from City Treasurer Telecommunications Occupation
Tax for the month of July through September, 2004: Voice
Stream PCSI, Ionex Communications North Inc, Comtech 21,
Z-Tel Comm; September, 2004: NOS Comm, MCI World Com,
Globalcom Inc, Tri-M Comm, LDMI Telecomm, Association
Administrators, Zone Telecom, ATT Wireless, Telecorp
Comm, Nextel Partners, Lightyear Network Solutions, GTC
Telecom, Acceris Comm, Touch 1 Comm, D&D Comm, Affinity
Network, Sprint Spectrum, and AT&T Comm of Midwest.
(PLACED ON FILE)
15) Report from City Treasurer of franchise tax from Aquila
for the month of September, 2004. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 16 THRU 20 HAD 1ST READING)
16) 04-166 Vacation No. 03023 - Vacating the north 10 feet of
Q Street right-of-way adjacent to Lots 7, 8, and
9, Block 30, Original Plat of Lincoln, generally
located at 8th and Q Streets.
Fact Sheet (1526K)
17) 04-201 Change of Zone 04057 - Application of Hoegemeyer
Palmer Construction for a change of zone from AG
Agricultural District to R-3 Residential District
on property generally located on the east side of
S. 84th Street, south of Kathy Lane. (In
connection w/04R-290) (Request for
2nd & 3rd Reading on 11/8/04)
Fact Sheet (669K)
18) 04R-290 Special Permit 04042 - Application of Hoegemeyer
Palmer Construction to develop Lattimer's Addition
Community Unit Plan for 13 single family dwelling
units, with requested waivers to the preliminary
plat process and the recreation plan requirement,
on property generally located on the east side of
S. 84th Street, south of Kathy Lane. (In
connection w/04-201) (Request for Action
on 11/8/04)
Fact Sheet (867K)
19) 04-202 Amending the pay schedules of employees whose
classifications are assigned to the pay range
which is prefixed by the letter "M" by creating
the job classification of "Utilities Security
Manager."
Fact Sheet (49K)
Attachment (100K)
20) 04-203 Amending the pay schedules of employees whose
classifications are assigned to the pay range
which is prefixed by the letter "A" by changing
the job classification title "Assistant
Superintendent of Equipment Management" to
"Assistant Superintendent of Fleet Services" and
"Superintendent of Equipment Management" to
"Superintendent of Fleet Services"; and amending
the pay schedules of employees whose
classifications are assigned to the pay range
which is prefixed by the letter "C" by creating
the job classification of "Visitor Services
Coordinator" and deleting the job classification
of "Meter Reader III."
Fact Sheet (50K)
Attachment (68K)
ORDINANCES - 3RD READING
21) 04-196 Vacation No. 04003 - Vacating the east-west alley
between 21st and 22nd Street, north of Vine
Street, and vacating that portion of 21st Street
between Vine and vacated W Street that has not
already been vacated or purchased by the Joint
Antelope Valley Authority, generally located at
21st and Vine Streets. (PASSED, 7-0; #18463)
Fact Sheet (159K)
22) 04-197 Authorizing the issuance of not to exceed
$45,000,000 City of Lincoln, Nebraska Water
Revenue Bonds. (Substitute Ordinance)
(SUBSTITUTE ORDINANCE ACCEPTED, 7-0; SUBSTITUTE
ORDINANCE PASSED, 7-0; #18464)
Substitute Ordinance (62K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
23) 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)
24) 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)
25) 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)
26) 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)
27) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approximately 214 acres of
property generally located at North 56th Street
and Arbor Road. (In connection 04R-273, 04-189,
04R-272) (10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (237K)
28) 04R-273 Approving the North Bank Junction Annexation and
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approximately 214 acres or
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188,
04-189, 04R-272) (10/11/04 - Placed on Pending
Indefinitely)
Attachment (527K)
29) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change of zone from AG Agricultural to R-3
Residential for approximately 123 acres and H-4
General Commercial for approximately 21 acres on
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188,
04R-273, 04R-272) (10/11/04 - Placed on
Pending Indefinitely)
Fact Sheet (216K)
30) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear and side
yard setback requirements on property generally
located at North 56th Street and Arbor Road.
(In connection w/04-188, 04R-273, 04R-189,
04R-272) (10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (535K)
31) 04-186 Change of Zone 04045B - Amending Chapter
27.63 of the Lincoln Municipal Code relating
to special permits by amending Sections
27.63.010, 27.63.070, 27.63.120, 27.63.130,
27.63.170, 27.63.210, 27.63.280, 27.63.400,
27.63.420, 27.63.430, 27.63.470, 27.63.530,
27.63.570, 27.63.580, and 27.63.590 to modify
provisions within said sections to allow
special permits to be approved by the
Planning Commission rather than the City
Council. (In connection w/04-185, 04-187,
04R-269) (10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (19K)
32) 04-187 Change of Zone 04045C - Amending Chapter 27.65 of
the Lincoln Municipal Code relating to community
unit plans by amending Section 27.65.020 to amend
the general requirements to grant the Planning
Commission authority to approve the special permit
and to allow the plan to propose modifications to
the height and area regulations of the district in
which the community unit plan is located; by
amending Section 27.65.030 to eliminate references
to City Council approval of community unit plans,
establishing standards for the Planning Commission
to follow in approving or denying an application
for a community unit plan, and providing for an
appeal from the Planning Commission's decision to
the City Council by an aggrieved party; by
repealing Section 27.65.040 to eliminate City
Council final action on the application; by
amending Section 27.65.050 to revise provisions
regarding development of the community unit plan
after its approval; by amending Section 27.65.060
to grant the Planning Director limited authority
to approve minor increases in the number of
dwelling units and to approve minor internal
changes to the applicable setback, yard or height
requirements within a community unit plan; by
amending Section 27.65.070 to delete the need for
the City Clerk to sign a certificate showing
approval or disapproval by the City Council; by
amending Section 27.65.090 to allow the Planning
Commission to modify parking requirements under
specified conditions. (In connection w/04-185,
04-186, 04R-269) (10/11/04 - Placed on
Pending Indefinitely)
Fact Sheet (19K)
33) 04R-269 Misc. No. 04009 - Amending Chapter 3.35 of the
City of Lincoln Design Standards for Community
Unit Plans to simplify the density calculation and
amend the cluster density. (In connection w/
04-185, 04-186, 04-187) (10/4/04 - Action Delayed
1 wk to 10/11/04) (10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (16K)
Attachement (355K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 8, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
34) 04R-291 Approving the Best Management Practice Assessment
Phase III by UNL/UNO Civil Engineering Department
to monitor urban water quality.
Fact Sheet (27K)
Attachment (435K)
35) 04R-292 Appointing and reappointing Connie L. Schmidt and
Meredith Decory to the Lincoln-Lancaster Women's
Commission to fill unexpired terms expiring
January 1, 2005 and to continue with two-year
terms expiring January 1, 2007.
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 (11/3/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (11/08/04).
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 3:28 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