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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 6, 2004 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETINGS THE WEEKS
OF DECEMBER 27, 2004 AND JANUARY 3, 2005
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of JJ Kat Inc. dba Brewsky's Food &
Spirits, to expand their presently licensed
premises by the addition of an outdoor area
measuring approximately 36 feet by 15 feet to the
south of the property located at 2840 South 70th
Street. (ADOPTED FOR APPROVAL, 7-0; A-83100)
2) Application of Alfredo Barrera dba Ay Chihuahua
for a liquor catering license at 2050 Cornhusker
Highway. (ADOPTED FOR APPROVAL, 7-0; A-83101)
3) Manager application of Jeffre J. Mann for Pinelake
II LLC dba The C-Station at 1401 Pine Lake Road.
(ADOPTED FOR APPROVAL, 7-0; A-83102)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 4 THRU 10 HAD 2ND READING)
4) 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)
5) 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)
6) 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)
7) 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)
8) 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".
9) 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.
10) 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.
PUBLIC HEARING - RESOLUTIONS
11) 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. (ADOPTED, 7-0; A-83103)
12) 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.
(ADOPTED, 7-0; A-83104)
13) 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)
(ADOPTED, 7-0; A-83105)
14) 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)
(ADOPTED, 7-0; A-83106)
15) 04R-308 Appointing Ken Svoboda to the District Energy
Corporation for a two-year term expiring December
31, 2006. (ADOPTED, 7-0; A-83107)
16) 04R-309 Appointing Terry Werner to the Community
Development Task Force to fill an unexpired term
expiring August 31, 2005.(ADOPTED, 7-0;A-83108)
17) 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)
(DELAYED CLAIM OF CHARLES TURNER FOR ONE WEEK W/PUBLIC
HEARING & ACTION ON 12/13/04, 7-0; ADOPTED, 7-0; A-83109)
18) 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.
(DELAYED ONE WEEK W/0 PUBLIC HEARING TO 12/13/04, 7-0)
19) 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)
(ADOPTED, 7-0; A-83110)
20) 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)
(WITHDRAWN, 7-0; #38-4493)
21) 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)
(AMENDED, 6-1; FRIENDT DISSENTING; ADOPTED AS
AMENDED, 6-1; FRIENDT DISSENTING; A-83111)
22) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83112)
23) 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.
(ADOPTED, 7-0; A-83113)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
24) Setting the hearing date of Monday, December 20,
2004 at 1:30 p.m. for a Manager Application of Kelly
S. Green for Columbus Lincoln Hotel Prop LLC dba Holiday
Inn/Conf Center/Green Mill/Bar-Cabo Beach Club
located at 141 N. 9th Street. (ADOPTED, 7-0; A-83114)
25) Assessment Resolutions for Board of Equalization
meeting, December 13,2004, at 10:00 a.m.
(APPROVED, 7-0)
26) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of ordinances and
resolutions passed by Council on November 29, 2004.
(PLACED ON FILE)
Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended October 31, 2004.
(ADOPTED, 7-0; A-83115)
Lincoln Water & WasteWater System Recapitulation of
Daily Cash Receipts for November 2004.(PLACED ON FILE)
REPORTS OF CITY OFFICERS
27) Affidavit of Mailing for Board of Equalization to
be held on Monday, December 13, 2004, at 10:00
a.m. (PLACED ON FILE)
28) Report from City Treasurer Telecommunications
Occupation Tax for the month of July through
September, 2004: Accessline Comm, American Farm
Bureau, GE Business Prod Solutions; September, 2004:
Nextel Partners,United Systems Access Telecom,
T-Netix Telecom Services, Quantum Shift Comm,
IBM Global Services,OCMC Inc, Shaffer Communications,
Star Number Inc, Nextel West Corp; October, 2004:
Network Billing Systems, Matrix Telecom Inc,
Southwestern Bell Comm Services, LDMI Telecomm,
Association Administrators Inc, Lightyear Network
Solutions,Acceris Comm Corp, Tri-M Comm Inc, Zone
Telecom Inc, NOS Comm Inc, GTC Telecom Corp, Globalcom
Inc, Telecorp Comm Inc, Affinity Network Inc, USA
Inc, Vartec Telecom Inc, Excel Telecomm, Nosva
Limited Partnership, ATS Mobile Telephone, Sprint
Spectrum, ATT Wireless PCS, D & D Comm, MCI
WorldCom, and Sprint Comm. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 29 THRU 32 HAD 1ST READING)
29) 04-217 Street Name Change 04009 - Renaming the old South
84th Street pavement as Water Tower Court,
generally located at South 84th and Pine Lake
Road.
Fact Sheet (137K)
30) 04-218 Change of Zone 04072B - Amending Section 27.80.025
of the Lincoln Municipal Code to change the fee
structure for an application for a Planned Unit
Development.
Fact Sheet (21K)
31) 04-219 Change of Zone 04072A - Amending Section 27.63.025
of the Lincoln Municipal Code to allow City
Council members to appeal the decision of the
Planning Commission on special permits.
Fact Sheet (21K)
32) 04-220 Change of Zone 04069 - Amending Section
27.69.035(b)(8) to require that no off-premises
signs shall be located within 660 feet of
Interstate 80 and Interstate 180.
Fact Sheet (667K)
ORDINANCES - 3RD READING
33) 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) (11/29/04 - Action Delayed 1 wk
to 12/6/04)
Fact Sheet (1526K)
(ACTION DELAYED FOR ONE WEEK TO 12/13/04, 7-0)
34) 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)
(PASSED, 7-0; #18473)
35) 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)
(AMENDED, 7-0; LOST AS AMENDED, 3-4; MCROY, SVOBODA,
WERNER ASSENTING; #38-4494)
PENDING LIST - DATE CERTAIN
36) 04R-301 Adoption of the Lincoln Electric System
Annual Budget for 2005. (Action Date:
12/13/04)
Fact Sheet (47K)
37) 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)
Fact Sheet (19K)
38) 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)
Fact Sheet (19K)
39) 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)
Fact Sheet (16K)
Attachement (355K)
PENDING LIST (EXTENDED ONE WEEK)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 04R-273 Approving the NorBank 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)
46) 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)
47) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 13, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
48) 04R-317 Waiver 04016 - Waiving the requirement for the
construction of a sidewalk in the pedestrian
easement associated with the Corrected Final Plat
of Edenton South 10th Addition, generally located
at South 70th Street and Old Cheney Road.
Fact Sheet (277K)
49) 04R-318 Reappointing R.J. Lipert, Michael Coon, and Martin
Kasl to the Fire Sprinkler and Chemical Examining
Board for three-year terms expiring November 24,
2007.
50) 04R-319 Reappointing Tom Morrissey, Larry M. Brown, and
Keith E. Fickenscher to the Veterans Memorial
Garden Advisory Council for three-year terms
expiring November 1, 2007.
51) 04R-320 Reappointing Joseph Skopp and Rick Albro to the
Air Pollution Control Advisory Board for three-
year terms expiring November 1, 2007.
52) 04R-322 Accepting the Stevens Creek Floodprone areas as
the best available information for local flood
regulation purposes.
Attachment (63K)
Fact Sheet (37K)
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 4:51 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