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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 ***