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Formal Agenda/Action

 



                ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                          MONDAY, OCTOBER 25, 2004 AT 5:30 P.M.
                           
                                
                        ALL MEMBERS PRESENT EXCEPT NEWMAN 
                         
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND READING  (ITEMS 1 & 2 HAD 2ND READING)

 1)  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)
							 
 2)  04-197    Authorizing the issuance of not to exceed
               $45,000,000 City of Lincoln, Nebraska Water
               Revenue Bonds.


PUBLIC HEARING - RESOLUTIONS

 3)  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 (56K)
               Attachement (438K)
               (AMENDED AGRMT., 6-0; ADOPTED AS AMENDED, 6-0;
               A-83049)
							 							     
 4)  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)
               (ADOPTED, 6-0; RECONSIDERED, 6-0; ADOPTED EXCEPT
               FOR KATHERINE IRONS CLAIM, 6-0; A-83050)
							 
 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 Wendell Way and requesting a
               waiver of said fees.
               Approval (10K)
               Denial (11K)				
               Fact Sheet (60K)
               Attachment (12K)
               (ADOPTED FOR DENIAL, 6-0; A-83051)
               				 							 
 6)  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)
               (ADOPTED, 6-0; A-83052)
							 
 7)  04R-286   Appointing Rev. S.T. Williams to the Community
               Health Endowment Board of Trustees for a three-
               year term expiring September 1, 2007.
               (ADOPTED, 6-0; A-83053)

                         - END OF PUBLIC HEARING -



CONSENT AGENDA:

PETITIONS & COMMUNICATIONS


 8)    MISCELLANEOUS REFERRALS

               Clerk's letter and Mayor's approval of Ordinances
               and resolutions passed By the Council on October 18, 2004. 
               (PLACED ON FILE)

               Report of City Treasurer of City cash on hand at 
               the cloSe of business September, 30, 2004.(PLACED ON FILE)

               Approving the distribution of funds representing interest 
               earnngs on short-term investments of Idle Funds during the
               month ended September 30, 2004.(ADOPTED, 6-0; A-83054)


REPORTS OF CITY OFFICERS

 9)            Investment of Funds for the week of October 4
               thru 15, 2004.  ADOPTED, 6-0; A-83055)

10)            Report from City Treasurer of Telecommunication
               Occupation Tax for the month of Sept., 2004:
               NOSVA, Excel, AmeriVision, Vartec, Claricom
               Networks, Accessline.  (PLACED ON FILE)

11)            Assessment Resolution For Downtown Business
               Improvement District for Board of Equalization
               Monday, November 1, 2004 at 1:30 p.m.
               (ADOPTED, 6-0; A-83056)

12)            Assessment Resolution For Downtown Maintenance
               Improvement District for Board of Equalization
               Monday, November 1, 2004 at 1:30 p.m.
               (ADOPTED, 6-0; A-83057)

13)            Assessment Resolution For Downtown Core Business
               Improvement District Overlay for  Board of
               Equalization Monday, November 1, 2004 at 1:30 p.m.
               (ADOPTED, 6-0; A-83058)

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING  (ITEMS 14 & 15 HAD 1ST READING)

14)  04-199   Change of Zone 04061 - Application of Aspen
               Builders, Inc. for a change of zone from AGR
               Agricultural Residential District to R-3
               Residential District on property generally located
               south of West A Street and east of S.W. 27th
               Street.
               Fact Sheet (139K)
							 
15)  04-200    Amending Chapter 14.56 of the Lincoln Municipal
               Code establishing a permit process for issuance of
               a permit to place privately owned outdoor artwork
               in the public right-of-way or on publicly owned
               property.


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) (10/18/04 - Delayed Action
               1 wk to 10/25/04)
               Fact Sheet (382K)
               (PASSED, 6-0; #18459)
							 
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)
               (10/18/04 - Delayed Action 1 wk to 10/25/04)
               Attachment (291K)
                (AMENDED AGRMT., 6-0; ADOPTED AS AMENDED,6-0;
               A-83059)
							 
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) (10/18/04 -
               Delayed Action 1 wk to 10/25/04)
               Fact Sheet (489K)
               (PASSED, 6-0; #18460)
							 
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 street 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) (10/18/04 - Delayed Action 1 wk
               to 10/25/04)
               Fact Sheet (646K)
               (ADOPTED, 5-1;WERNER DISSENTING A-83060)
							 
20)  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)
               (PASSED, 6-0; #18461)
							 
21)  04-195    Accepting a Warranty Deed for the right-of-way for
               Blanchard Boulevard from Northwoods, LLC.
               Attachment (68K)
               (PASSED, 6-0; #18462)
							  

RECONSIDERATION

22)  04R-241   Special Permit 04035 - Application of Chris Kodad
               and Believer's Fellowship Church to develop
               Andrea's Court Community Unit Plan consisting of
               32 townhouse units and a church, with requested
               waivers to eliminate the preliminary plat process,
               detention/retention storage for storm water,
               sidewalks on both sides of the private roadway,
               minimum lot area, cul-de-sac geometry, and the
               required yard setbacks, on property generally
               located at 40th and Superior Streets. (10/18/04
               - Voted to Reconsider 10/25/04)
              (DELAYED ONE WEEK W/PUBLIC HEARING & ACTION ON
              11/1/04, 4-2; CAMP, SVOBODA DISSENTING)


PENDING LIST - DATE CERTAIN - NONE      


PENDING LIST   (EXTENDED ONE WEEK)  

23)  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)
							 
24)  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)
							 
25)  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)
							 
26)  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)
							 
27)  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)
							  
28)  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)
							  
29)  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)
							 
30)  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)
							 
31)  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)
							 
32)  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)
							 
33)  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, NOVEMBER 1, 2004 AT 1:30 P.M.:    
                                                 (APPROVED, 6-0)

34)  04R-287   Appointing Ruthelen S. Sittler to the Lincoln Area
               Agency on Aging Advisory Council to fill an
               unexpired three-year term expiring July 1, 2006.

35)  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.
               Approval (10K)
               Denial (67K)
               Fact Sheet (58K)
		 					 							 
36)  04R-289   Misc. 04010 - Amending Chapter 1.0, Section 2.2,
               and Chapter 3.75 of the City of Lincoln Design
               Standards to clarify and to modify provisions
               relating to porches, principal facades, garages,
               driveways and other standards, and to amend
               procedures for waivers and appeals.
               Attachment (76K)
               Fact Sheet (561K)							 

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 (10/27/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (11/01/04).


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   7:25 P.M.  


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Internet at:
                          lincoln.ne.gov

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City Council