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Formal Agenda/Action

 

					
					
          AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
                   MONDAY, OCTOBER 18, 2004 AT 1:30 P.M.
                            
                    
      
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND READING

1)   04-194    Street Name Change No. 04007 - Renaming a portion
               of North 16th Street as "Rockford Drive" in the
               North Hills 2nd Addition, generally located at
               North 16th Street and Morton Street.
               Fact Sheet (123K)

2)   04-195    Accepting a Warranty Deed for the right-of-way for
               Blanchard Boulevard from Northwoods, LLC.
               Attachment (68K)


PUBLIC HEARING - RESOLUTIONS

3)   04R-279   Appointing Mark Westphalen, Michael Donnelly and
               Gerard R. Finnegan, Jr. to the Police and Fire
               Pension Plan Investment Board for terms expiring
               September 1, 2008, September 1, 2007, and
               September 1, 2006 respectively.
               Application (72K)

4)   04R-280   Miscellaneous No. 04003 - Amending Chapter 2.30 of
               the Lincoln Municipal Code to correct the design
               standards regarding spacing and light bulb wattage
               for standard street lighting.
               Attachment (7K)
               Fact Sheet (19K)

5)   04R-281   Appeal of Mike and Carol Larkins from the Planning
               Commission approval of Waiver No. 04009 for the
               minimum lot depth requirements for lots abutting a
               major street in the J.W. Cooper final plat, on
               property generally located at the northwest corner
               of S. 40th Street and Calvert Street.
               Fact Sheet (356K)

6)   04R-282   A resolution supporting Amendment No. 1 regarding
               Historic Preservation.
                              
                 - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS 

7)             The following were referred to the Planning Department:
               Change of Zone No. 04067 - Application of Hartland
                    Homes Inc, from AGR Agricultural Residential
                    District and H-4 General Commercial District to R-3
                    Residential District on property at SW 27th                                     
                    Street and West A Street. 
               Special Permit No. 04054 - Application of Hartland
                    Homes Inc, Hartland Homes SW 1st Addition Community 
                    Unit Plan, for approximately 379 single family
                    dwellings, with requests to waive the
                    preliminary plat process and block length on
                    property at SW 27th Street and West A Street. 
               Change of Zone No. 04068 - Application of Dr. David 
                    Sumani, to amend Section 27.63.570 of the Lincoln 
                    Municipal Code for conditions for race tracks and
                    motorized vehicles. 
               Special Permit No. 04057 - Application of Dr. David Sumani 
                    and Sherrie Gregory, for a race track for motorized
                    vehicles with request to waive the parking
                    lot paving requirements on property at 201
                    West South Street. 
               Change of Zone No. 04069 - Application of Planning
                    Director, to amend Section 27.69.035(b) of the 
                    Lincoln Municipal Code, regarding off-premises 
                    signs and Interstate 80 and 180.
               Use Permit No. 124A - Application of Olsson Associates, 
                    an amendment to reduce the internal side setbacks 
                    to 0 feet in the O-3 Office Park District on 
                    property at Highway 34 and Fallbrook Boulevard. 
               Use Permit No. 150B - Application of Eiger Corp,
                    an amendment to exceed the maximum requirement 
                    height in the B-5 Planned Regional Business 
                    District on property at South 91st Street and
                    Highway 2.
               Special Permit No. 1813A - Application of Nebraska
                    Nurseries Inc, an amendment to The Preserve on 
                    Antelope Creek Community Unit Plan, to reduce 
                    the rear yard setback on property at South 80th
                    Street and Pioneers Boulevard.
               Special Permit No. 1999A - Application of Lincoln
                    Federal Bancorp Inc, to amend the Wilderness                                         
                    Hills Community Plan, to waive lot lines radial to
                    the streets, and reduce the minimum rear yard
                    setbacks on property at South 28th Street and 
                    Wilderness Hills Boulevard. 
               Special Permit No. 04053 - Application of David
                    Guittar, to allow an accessory building for 
                    domestic employees at 1701 South 98th Street.


8)     MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

9)             Affidavit of Mailing for Board of Equalization 
               Meeting for Downtown Business Improvement District, 
               Core Business Improvement District Overlay & Downtown
               Maintenance District to be held on Monday, 
               November 1, 2004. (Placed on File)

10)            Lincoln Water and Wastewater System Recapitulation
               of Daily Cash Receipts for the month of September,
               2004. (Placed on file)

11)            Setting the hearing date of Monday, November 1,
               2004 at 1:30 p.m. for a Manager Application of
               Morris Motes for Whitehead Oil Company dba 
               U-Stop Convenience Shop located at 2925 NW
               12th Street. 

12)            Setting the hearing date of Monday, November 1,
               2004 at 1:30 p.m. for a Manager Application of
               Dawn Whalen for Whitehead Oil Company dba 
               U-Stop Convenience Shop located at 240 N.
               17th Street.
     
13)            Setting the hearing date of Monday, November 1,
               2004 at 1:30 p.m. for a Manager Application of
               Barbara Ehrisman for Whitehead Oil Company dba 
               U-Stop Convenience Shop located at 942 South
               27th Street.
   
                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING

14)  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.
               Fact Sheet (159K)
							 
15)  04-197    Authorizing the issuance of not to exceed
               $45,000,000 City of Lincoln Nebraska Water Revenue
               Bonds.


ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS

16)  04-190    Annexation 04004 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 10.23 acres
               of property generally located at South 98th Street
               and Old Cheney Road. (In connection w/04R-274,
               04-191, 04R-271) 
               Fact Sheet (382K)

17)  04R-274   Approving the Vintage Heights 4th Addition
               Annexation and Zoning Agreement between the City
               and Pine Lake Development, L.L.C., relating to the
               annexation of approximately 10.23 acres, generally
               located at South 98th Street and Old Cheney Road.
               (In connection w/04-190, 04-191, 04R-271)
               (10/11/04 - Action Delayed 1 wk to 10/18/04)
               Attachment (291K)

18)  04-191    Change of Zone 04021 - Application of Pine Lake
               Development, L.L.C. for a change of zone from AG
               Agricultural and AGR Agricultural Residential to
               R-3 Residential for approximately 10.23 acres
               generally located at South 98th Street and Old
               Cheney Road. (In connection w/04-190, 04R-274,  
               04R-271)
               Fact Sheet (489K)

19)  04R-271   Special Permit 1762B - Application of Pine Lake
               Development L.L.C. to amend the Vintage Heights
               Community Unit Plan to expand the boundary of the
               community unit plan and waivers to the preliminary
               plat process, wastewater collection system,
               sanitary sewer running opposite greet grades in
               Vine Cliff Drive, transfer of sanitary sewer from
               one basin to another, dead-end street to have a
               60' minimum radius turnaround, lots exceeding a
               maximum depth of three times its width for Lots 11
               and 12, Block 33, and minimum lot depth of less
               than 120 feet for lots abutting a major street for
               Lots 8 and 9, Block 33, on property generally
               located at South 98th Street and Old Cheney Road.
               (In connection w/04-190, 04R-274, 04-191)
               (10/11/04 - Action Delayed 1 wk to 10/18/04)
               Fact Sheet (646K)

20)  04-192    Approving a License Agreement between the City and
               Alltel for the placement of telecommunications
               facilities to be located on City property at Max
               Roper Park.
               Attachment (958K)
               Fact Sheet (10K)

21)  04-193    Approving a License Agreement between the City and
               Alltel for the placement of telecommunications
               facilities to be located on City property at Star
               City Shores.
               Attachment (1093K)
               Fact Sheet (10K)


PENDING LIST - DATE CERTAIN - NONE      


PENDING LIST 

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)
   
28)  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)
   
29)  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)

30)  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)

31)  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)

32)  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, OCTOBER 25, 2004 AT 5:30 P.M.: 

33)  04R-239   Approving the Management Agreement for City of
               Lincoln Parking Facilities between the City and
               Republic Parking System for a four-year term.
               Fact Sheet (24K)
               Attachement (438K)

34)  04R-283   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.
               Fact Sheet (14K)
               Attachement (32K)

35)  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 Wendell Way and requesting a
               waiver of said fees. 
               Attachment (12K)
               Approval (10K)
               Denial (11K)
							 
36)  04R-285   Special Permit 04036 - Application of Bob Rentfro
               to develop Village Pointe at Capitol Beach
               Community Unit Plan for 18 dwelling units with
               requested waivers to the required lot area, lot
               width, stormwater detention, recreation plan, and
               the preliminary plat process, on property
               generally located at W. Industrial Lake Drive and
               Lamont Drive.
               Fact Sheet (527K)

37)  04R-286   Appointing Rev. S.T. Williams to the Community
               Health Endowment Board of Trustees for a three-
               year term expiring September 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 (10/20/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (10/25/04).

     Gloria R. Smith      Topic: Parking ban in front of their 
     Catherine E. Allen   residences 39th & Sheridan Blvd area.

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  

                               ***
                    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.
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City Council