|
|
|
|
lincoln.ne.gov | |
|---|---|---|
|
|
|
 |
City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, NOVEMBER 29, 2004 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT FRIENDT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Gateau Enterprises LLC, dba Green
Gateau Caf‚, to expand their presently licensed
premises by the addition of an outdoor area
measuring approximately 33 feet by 10 feet to the
west of the property located at 330 S. 10th
Street. (ADOPTED, 5-0; ABSENT: COOK, FRIENDT;
A-83089)
2) Manager application of Renae Stroughter for
Ernie's FB, LLC, dba Ernie's Fast Break, at 7000
"O" Street. (ADOPTED, 6-0; ABSENT: FRIENDT;
A-83090)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 3 & 4 HAD 2ND READING)
3) 04-207 Approving a transfer of appropriations and cash
between certain capital improvement projects
within the Sanitary Sewer Construction Fund, Water
Construction Fund, Landfill Revenue Fund, and
Street Construction/ Vehicle Tax Funds, within the
Public Works & Utilities Department.
Fact Sheet (52K)
4) 04-208 Vacation 04011 - Vacating the south 6.5 feet of
the P Street right-of-way adjacent to the former
Salvation Army building at 8th and P Street and
the west 15.5 feet of N. 8th Street adjacent to
the same building complex.
Fact Sheet (386K)
PUBLIC HEARING - RESOLUTIONS
5) 04R-284 Hearing on D&A Properties, LLC's Notice of Appeal
appealing from the impact fee determination of
Arterial Street Impact Fees for a child care
facility at 8310 Wendall Way and requesting a
waiver of said fees. (11/15/04 - Public Hearing
& Action Con't. To 11/29/04) (ADOPTED FOR DENIAL,
6-0; ABSENT: FRIENDT; A-83091)
Approved (10K)
Denial (11K)
Attachment (12K)
Fact Sheet (140K)
6) 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, 5-1; DISSENTING: CAMP; ABSENT: FRIENDT;
A-83092)
Approval (10K)
Denial (11K)
7) 04R-294 Assessing the demolition and utility abandonment
expense incurred by the City against the property
commonly known as 1819 Washington Street.
(Public Hearing Con't. to 11/29/04) (LOST, 0-6;
ABSENT: FRIENDT; #38-4492)
Attachemnt (104K)
Fact Sheet (45K)
8) 04R-301 Hearing on the Lincoln Electric System Annual
Budget for 2005. (Action Date: 12/13/04)
(CONFIRMED ACTION DATE OF 12/13/04)
Fact Sheet (47K)
9) 04R-302 Comp. Plan Conformance 04008 - Approving and
adopting the Antelope Valley Redevelopment Plan in
two adjacent areas being (1) north of Downtown,
consisting of the North Bottoms neighborhood,
generally bounded by Salt Creek on the north, by
the BNSF Railroad tracks on the south, by Antelope
Creek on the east and by Interstate I-180 on the
west; and (2) east of Downtown, including all or
portions of the Clinton, Malone/Hawley, Downtown,
Near South and Woods Park neighborhoods, generally
bounded by 17th Street on the west, 27th Street on
the east, the BNSF Railroad tracks on the north,
and D and E Streets on the south. (MTA#1, 5-1,
DISSENTING: WERNER; ABSENT: FRIENDT; MTA#2, 4-2,
DISSENTING: MCROY, WERNER; ABSENT: FRIENDT; ADOPTED
AS AMENDED, 6-0; ABSENT: FRIENDT; A-83093)
Fact Sheet (1376K)
10) 04R-303 Special Permit 1384E - Application of Michael and
Chrisenda Smith to amend Marina Bay Community Unit
Plan to reduce the rear yard setback from 22.5
feet to 19 feet to allow an enclosed patio at 633
Marina Bay Place. (ADOPTED, 6-0; ABSENT: FRIENDT;
A-83094)
Fact Sheet (224K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
11) Report from City Treasurer of City Cash on hand at
the close of business October 29, 2004. (PLACED ON
FILE)
12) Investment of Funds for the week of November 1
thru November 12, 2004. (ADOPTED, 6-0; ABSENT:
FRIENDT; A-83095)
13) Investment of Funds for the week of November 15
thru November 19, 2004. (ADOPTED, 6-0; ABSENT:
FRIENDT; A-83096)
14) Setting the hearing date of Monday, December 13,
2004 at 1:30 pm for Application of Alley Inc dba
The Alley for a Class C Liquor License located
at 1031 "M" Street. (ADOPTED, 6-0; ABSENT:
FRIENDT; A-83097)
15) Setting the hearing date of Monday, December 13,
2004 at 1:30 pm for a Manager Application for
Paul R. Tuttle of Bwitched Two Inc dba Bison
Witches Bar & Deli located at 1320 P Street.
(ADOPTED, 6-0; ABSENT: FRIENDT; A-83098)
16) Setting the hearing date of Monday, December 13,
2004 at 1:30 pm for Application of A & R Food
Company dba El Sitio for a Class I Liquor License
located at 2785 S 17th Street. (ADOPTED, 6-0;
ABSENT: FRIENDT; A-83099)
17) MISCELLANEOUS REFERRALS
Report from the City Treasurer of Franchise tax
from Aquila for the month of October, 2004.
(PLACED ON FILE)
THE FOLLOWING ITEMS ARE TO REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 04070 - Application submitted by
Joe Hausmann, from AG Agricultural District to
R-3 Residential District, on property located
at SW 40th Street and West A Street.
Change of Zone 04076 - Application submitted
by Pages LLC, for a landmark designation, on property
located at 1941 K Street.
Change of Zone 04078 - Application submitted by the
Rape/Spouse Abuse Crisis Center, for a landmark
designation, on property located at 2541 N Street.
Special Permit 04061 - Application submitted by
Sandstone Construction LLC, for an early childhood
care facility, on property located at 2605 Fairfield
Street.
Special Permit 04062 - Application submitted by Rape/
Spouse Abuse Crisis Center, for non-profit office use,
on property located at 2541 N Street.
Special Permit 04063 - Application submitted by Pages
LLC, for office and residential use, on property
located at 1941 K Street.
Special Permit 04064 - Application submitted by Chipotle
Mexican Grill, for the authority to sell alcoholic
beverages for consumption on the premises, on property
located at S. 29th Street and Pine Lake Road.
Special Permit 04065 - Application submitted by Roger
Patton, for the authority to sell alcoholic beverages
for consumption on the premises, on property located
at 4680 Leighton Avenue.
REPORTS OF CITY OFFICERS
18) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
November 15, 2004. (PLACED ON FILE)
19) Report of UNL Microbiologist for water testing for
the month of October, 2004. (PLACED ON FILE)
20) Request of Public Works to set a Public Hearing
date of Monday, December 20, 2004, at 1:30 p.m.
and place on the formal City Council Agenda the
following: (APPROVED, 6-0; ABSENT: FRIENDT)
04-211 To provide authority to create a 6-
inch water main in South 14th Street,
Garfield to Sumner and assess the costs
thereof against the benefitted
properties.
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 21 THRU 27 HAD 1ST READING)
21) 04-209 Approving three five-year/5,000 hour lease
agreements between the City and Washington County
Bank for three articulated four-wheel drive wheel
loaders for use by the Public Works & Utilities
Street Maintenance Operations in construction,
maintenance, and snow removal projects.
Attachment (272K)
Fact Sheet (57K)
22) 04-210 Approving a Sublease Agreement between the City of
Lincoln and Dynamic Educational Systems, Inc. for
providing job training and employment services
under the Workforce Investment Act.
Attachment (185K)
Fact Sheet (39K)
23) 04-212 COZ 04071 - Amending Title 27 of the Lincoln
Municipal Code to remove the condition that the
maximum lot coverage for churches shall not exceed
15% of the lot area in the R-1 through R-7
Residential Districts except by special permit.
Fact Sheet (16K)
24) 04-213 Change of Zone 04073 - Application of Whitehead
Oil Company for a change of zone from P Public Use
to I-1 Industrial on property generally located
northwest of the intersection of North 33rd Street
and Superior Street.
Fact Sheet (230K)
25) 04-214 Amending Chapter 2.78 of the Lincoln Municipal
Code to amend Management Compensation Plan
Established, Management Compensation Plan Annual
Leave, Compensation Plan Variable Merit Pay Plan
DSS & "M" Pay Ranges, and Management Compensation
Plan Sick Leave in conjunction with the pay plan
for employees whose classifications are assigned
to pay ranges prefixed by the letter "M".
26) 04-215 Amending Chapter 2.76 of the Lincoln Municipal
Code to delete references and provisions relating
to pay ranges prefixed by the letter "M" and to
add leave of absence without pay provisions
relating to a regular, classified employee who
leaves his or her position to accept appointment
to a position with a pay range prefixed by "DSS"
and the status of that employee should he or she
return to the classified service.
27) 04-216 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter "M" to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents.
ORDINANCES - 3RD READING
28) 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.(Action Delayed to
11/29/04)(PLACED ON PENDING FOR 1 WEEK TO 12/6/04,
6-0; ABSENT: FRIENDT)
Fact Sheet (1526K)
29) 04-204 Amending Ordinance 18287 to correct the legal
description for Change of Zone 3425 from P Public
Use to O-3 Office Park on property generally
located adjacent to the Highlands Golf Course at
N.W. 12th Street, north of W. Highlands Blvd.
(In connection w/04-206) (PASSED, 6-0; ABSENT:
FRIENDT, #18470)
Fact Sheet (242K)
30) 04-206 Amending Ordinance 18286 to correct the legal
description of the property declared as surplus on
property generally located adjacent to the
Highlands Golf Course at N.W. 12th Street, north
of W. Highlands Blvd. (In connection w/04-204)
(PASSED, 6-0; ABSENT: FRIENDT, #18471)
31) 04-205 Amending Chapter 8.32 of the Lincoln Municipal
Code to incorporate the term special waste into
the definition of refuse, update definitions, and
clarify who must be licensed to haul certain waste
to better reflect the intent of the code. (PASSED,
6-0; ABSENT: FRIENDT, #18472)
Fact Sheet (15K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK; SEE ITEMS 40, 41, 42)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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) (Request to remove from Pending
to have Public Hearing 12/13/04) (REMOVED FROM
PENDING TO HAVE PUB. HEARING ON 12/13/04, 6-0;
ABSENT: FRIENDT)
Fact Sheet (19K)
41) 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)
(Request to remove from Pending to have Public
Hearing 12/13/04) (REMOVED FROM PENDING TO HAVE
PUB. HEARING ON 12/13/04, 6-0; ABSENT: FRIENDT)
Fact Sheet (19K)
42) 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) (Request to remove from Pending
to have Public Hearing 12/13/04)(REMOVED FROM
PENDING TO HAVE PUB. HEARING ON 12/13/04, 6-0;
ABSENT: FRIENDT)
Fact Sheet (16K)
Attachement (355K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 6, 2004 AT 1:30 P.M.:
(APPROVED, 6-0; ABSENT: FRIENDT)
43) 04R-304 Reappointing Maisun K. Allahiq, Meredith Decory,
and Linda Willard to the Lincoln Commission on
Human Rights for a three-year term expiring
December 31, 2007.
44) 04R-305 Approving the Joint Budget Committee's
recommendation for the expenditure of the budgeted
$20,000.00 to allocate $10,000.00 to Lincoln
Action Program for job training, placement, and
retention services, and $10,000.00 to Lincoln
Literacy Council to provide ESL training.
45) 04R-306 Approving Supplemental Agreement No. 1 between the
City and the Nebraska Dept. of Roads for funding
of the building of an interchange at the
intersection of Highway 77 and Capital Parkway
East (Project No. S-77-2(1021), City No. 701902.
Attachment (36K)
Fact Sheet (58K)
46) 04R-307 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the federal funding,
through the Bridge Replacement Funds, for bridge
rehabilitation of West Adams Street Viaduct at
Aviation Road (Project No. BR-5248(4), City No.
701375.
Attachment (459K)
Fact Sheet (59K)
47) 04R-308 Appointing Ken Svoboda to the District Energy
Corporation for a two-year term expiring
December 31, 2006.
48) 04R-309 Appointing Terry Werner to the Community
Development Task Force to fill an unexpired term
expiring August 31, 2005.
49) 04R-310 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
November 1 - 15, 2004.
Attachment (30K)
Fact Sheet (30K)
50) 04R-311 Releasing a conservation easement granted to the
City by TMCO Investments over the west 32 feet of
Lot 3, Block 142, Original Plat, Lincoln.
51) 04R-312 Approving the use of public right-of-way for
installation of eight pole-mounted security
cameras around the four square block of the
Nebraska State Capital Building.
Fact Sheet (56K)
52) 04R-313 Assessing the costs incurred by the City for the
boarding up of the dangerous building at 2227
Dudley Street against the benefitted property.
Attachment (72K)
Fact Sheet (35K)
53) 04R-314 Use Permit No. 150B - Application of Eiger Corp.
to waive the maximum allowed building height in
the B-5 Planned Regional Business District from 40
feet to 60 feet in the Appian Way Phase II
commercial and retail development generally
located at S. 87th Street and Highway 2.
Fact Sheet (1459K)
54) 04R-315 Misc. No. 04016 - Adopting a Policy on Temporary
Pump Stations & Force Mains to address
circumstances in which the City may allow sanitary
sewage to be handled on a temporary basis using
private pump stations and force mains.
Fact Sheet (118K)
55) 04R-316 Declaring the official intent of the City to
reimburse certain expenses in connection with the
acquisition, purchase and installation of light
poles from the proceeds of the City of Lincoln,
Nebraska Certificates of Participation.
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 (12/8/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (12/13/04).
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 10:08 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