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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 13, 2004 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETINGS THE WEEKS
OF DECEMBER 27, 2004 AND JANUARY 3, 2005
MAYORS AWARD OF EXCELLENCE
CHANE JENSEN AND NATE GENRICH OF PARKS AND RECREATION DEPARTMENT
IN THE CATEGORY OF VALOR FOR THE MONTH OF NOVEMBER
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Alley Inc. dba The Alley for a
Class C liquor license at 1031 "M" Street.
(ADOPTED FOR APPROVAL, 7-0; A-83116)
2) Manager application of Joshua E. Hallett for Alley
Inc. dba The Alley at 1031 "M" Street. (ADOPTED
FOR APPROVAL, 7-0; A-83117)
3) Application of A & R Food Company dba El Sitio
for a Class I liquor license at 2785 S. 17th Street.
(ADOPTED FOR APPROVAL, 7-0; A-83118)
4) Manager application of Amin Ghaffar for A & R Food
Company dba El Sitio at 2785 S. 17th Street.
(ADOPTED FOR APPROVAL, 7-0; A-83119)
5) Manager application of Paul R. Tuttle for
Bwitched Two Inc. dba Bison Witches Bar & Grill at
1320 "P" Street. (ADOPTED FOR APPROVAL, 7-0;
A-83120)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 6 THRU 12 HAD 2ND READING)
6) 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/ 04-187, 04-219,
04R-269)(10/11/04 - Placed on Pending Indefinitely)
(Request to remove from Pending to have Public
Hearing 12/13/04)
Fact Sheet (19K)
7) 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/ 04-186, 04-219, 04R-269)
(10/11/04 - Placed on Pending Indefinitely)
(Request to remove from Pending to have Public
Hearing 12/13/04)
Fact Sheet (19K)
8) 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. (In
connection w/ 04-186, 04-187, 04R-269)
Fact Sheet (21K)
9) 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/
04-186, 04-187, 04-219) (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)
(Action Date: 12/20/04)
Fact Sheet (16K)
Attachement (355K)
10) 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)
11) 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)
12) 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)
PUBLIC HEARING - RESOLUTIONS
13) 04R-310C 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. (12/6/04 - Claim of
Charles Turner held over 1 week for Public Hearing
& Action on 12/13/04) (ADOPTED, 7-0; A-83121)
14) 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.
(SUBSTITUTE RESOLUTION ACCEPTED, 4-3; DISSENTING:
COOK, NEWMAN, WERNER; SUBSTITUTE RESOLUTION ADOPTED,
4-3; DISSENTING: COOK, NEWMAN, WERNER; A-83122)
Fact Sheet (277K)
15) 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. (ADOPTED, 7-0; A-83123)
16) 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. (ADOPTED, 7-0;
A-83124)
17) 04R-320 Reappointing Joseph Skopp and Rick Albro to the
Air Pollution Control Advisory Board for three-
year terms expiring November 1, 2007.
(ADOPTED, 7-0; A-83125)
18) 04R-322 Accepting the Stevens Creek Floodprone areas as
the best available information for local flood
regulation purposes. (AMENDED, 7-0; CONTINUED
PUB. HEARING & ACTION FOR 1 WEEK TO 12/20/04, 4-3;
DISSENTING: COOK, NEWMAN, WERNER)
Attachment (63K)
Fact Sheet (37K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
19) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on December 6, 2004.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
20) Investment of Funds for the week of November 22 thru
December 3, 2004. (ADOPTED, 7-0; A-83126)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 21 & 22 HAD 1ST READING)
21) 04-211 Creating Water District No. 1124 for constructing a
6-inch water main or mains in S. 14th Street,
Garfield to Sumner Streets.
22) 04-221 Approving a two-year lease agreement with Frontier
Harley Davidson Inc. for six police motorcycles.
(Request 2nd and 3rd Readings on 12/20/04)
Attachment (803K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
23) 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. (PASSED,
7-0; #18474)
Attachment (272K)
Fact Sheet (57K)
24) 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. (PASSED,
7-0; #18475)
Attachment (185K)
Fact Sheet (39K)
25) 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.
(PASSED, 7-0; #18476)
Fact Sheet (16K)
26) 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. (PASSED, 7-0; #18477)
Fact Sheet (230K)
27) 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".
(PASSED, 7-0; #18478)
28) 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. (PLACED ON
PENDING UNTIL 1/10/05, 7-0)
29) 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. (PASSED, 7-0; #18479)
30) 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) (12/6/04 - Action Delayed to
12/13/04)(PLACED ON PENDING FOR 6 WEEKS TO
1/24/05, 4-3; DISSENTING: COOK, MCROY, WERNER)
Fact Sheet (1526K)
31) 04R-301 Adoption of the Lincoln Electric System Annual
Budget for 2005. (Action Date: 12/13/04)
(ADOPTED, 7-0; A-83127)
Fact Sheet (47K)
32) 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. (12/6/04 -
Action Delayed 1 wk to 12/13/04)(SUBSTITUTE RESOLUTION
ACCEPTED, 7-0; SUBSTITUTE RESOLUTION ADOPTED, 7-0;
A-83128)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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 20, 2004 AT 1:30 P.M.:
(APPROVED, 6-0; ABSENT: MCROY)
41) 04R-321 Appointing Richard Evnen and Dawn E. Rockey to the
Lincoln Electric System Administrative Board for
three-year terms expiring December 31, 2007.
Attachment (85K)
42) 04R-323 Reappointing Ron Ecklund to the Lincoln Electric
System Administrative Board for a three-year term
expiring December 31, 2007.
43) 04R-324 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
November 16 - 30, 2004.
Attachment (28K)
Fact Sheet (13K)
44) 04R-325 Special Permit 04060 - Application of Cheryl Dubas
to develop and operate an early childhood care
facility for 140 children in the O-3 Office Park
District and a waiver to the requirement to be
located on an arterial street, on property
generally located east of North 24th Street and
south of Superior Street.
Fact Sheet (413K)
45) 04R-326 Adopting a schedule of wastewater surcharge unit
costs for customers of the Lincoln Wastewater
System subject to said surcharge.
Fact Sheet (57K)
46) 04R-327 Assessing the costs for weed cuttings incurred by
the City from January 1, 2004 through December 31,
2004, against the various benefitted
properties.
Attachment (253K)
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 (12/15/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (12/20/04).
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 6:37 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