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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, NOVEMBER 15, 2004 AT 1:30 P.M.
THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 22ND
DUE TO THANKSGIVING HOLIDAY
MAYOR'S PROCLAMATION - "HIRE A VETERAN MONTH"
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of James C. Kelsey for B & R
Stores Inc. dba Russ's B & R IGA at 130 North 66th
Street. (ADOPTED, 7-0; A-83075)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 2 THRU 4 HAD 2ND READING)
2) 04-204 Amending Ordinance 18287 to correct the legal
description for Change of Zone 3425 from P Public
Use to O-3 Office Park on property generally
located adjacent to the Highlands Golf Course at
N.W. 12th Street, north of W. Highlands Blvd.
(In connection w/04-206)
Fact Sheet (242K)
3) 04-206 Amending Ordinance 18286 to correct the legal
description of the property declared as surplus on
property generally located adjacent to the
Highlands Golf Course at N.W. 12th Street, north
of W. Highlands Blvd. (In connection w/04-204)
4) 04-205 Amending Chapter 8.32 of the Lincoln Municipal
Code to incorporate the term special waste into
the definition of refuse, update definitions, and
clarify who must be licensed to haul certain waste
to better reflect the intent of the code.
Fact Sheet (15K)
PUBLIC HEARING - RESOLUTIONS
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 Wendall Way and requesting a
waiver of said fees. (PUB. HEARING & ACTION
DELAYED TO 11/29/04, 7-0)
Approved (10K)
Denial (11K)
Attachment (12K)
Fact Sheet (140K)
6) 04R-293 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
October 15 - 31, 2004. (ADOPTED, 7-0; A-83076)
Attachment (29K)
Fact Sheet (13K)
7) 04R-294 Assessing the demolition and utility abandonment
expense incurred by the City against the property
commonly known as 1819 Washington Street.
(Request to con't. P.H. to 11/29/04)(PUB. HEARING
& ACTION DELAYED TO 11/29/04, 7-0)
Attachemnt (104K)
Fact Sheet (45K)
8) 04R-295 Amending the City's resolution on local government
miscellaneous expenditures to clarify the
reimbursement of meal expenses by the City for
individuals traveling on City business with an
overnight stay; and to update the reference to
City Auditor as City Controller. (ADOPTED, 7-0;
A-83077)
Fact Sheet (126K)
9) 04R-296 Approving the revised Lincoln-Lancaster County Air
Pollution Control Regulations and Standards.
(ADOPTED, 7-0; A-83078)
Attachment (710K)
Fact Sheet (50K)
10) 04R-298 Use Permit No. 124A - Application of NEBCO, Inc.
to waive the internal side yard setbacks in the
O-3 Office Park District on property generally
located at Highway 34 and Fallbrook Blvd. (ADOPTED,
7-0; A-83079)
Fact Sheet (225K)
11) 04R-299 Special Permit 1813A - Amending The Preserve on
Antelope Creek Community Unit Plan to waive the
rear setback requirements for Lots 20 - 42, Block
1, adjacent to Antelope Creek, on property
generally located at S. 80th Street and Pioneers
Blvd. (ADOPTED, 7-0; A-83080)
Fact Sheet (364K)
12) 04R-300 Approving an Agreement between the City, Lower
Platte South NRD, and the University of Nebraska
for channel stabilization on Dead Man's Run and
its tributary. (ADOPTED, 7-0; A-83081)
Attachment (1859K)
Fact Sheet (57K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
13) MISCELLANEOUS REFERRALS
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT
Special Permit No. 228K - Application submitted by Lloyd
and Donna Hinkley, for Capitol Beach West Community Unit
Plan, to amend the front yard setback on property located
at 302 W. Lakeshore Drive.
Special Permit No. 04060 - Application submitted by Cheryl
Dubas, dba Little Munchkinland, for an early childhood
care facility, with request to waive the requirement to
be located on an arterial street on property located at
N. 24th Street and Superior Street.
Clerk's letter and Mayor's approval of Ordinances and
Resolutions passed by Council on November 8, 2004.
(PLACED ON FILE)
Setting the hearing date of Monday, December 6, 2004 at
1:30 P.M. for J J Kat Inc dba Brewsky's Food & Spirits
for an addition to their licensed premise for a Sidewalk
Café approximately 36 feet by 15 feet located at 2840
South 70th Street. (ADOPTED, 7-0; A-83082)
REPORTS OF CITY OFFICERS
14) Setting the hearing date of Monday, December 13, 2004,
at 10:00 A.M. on the Board of Equalization Special
Assessment Group I. (ADOPTED, 7-0; A-83083)
15) Setting the hearing date of Monday, November 29, 2004
at 5:30 P.M. for a Manager Application of Renae Stroughter
for Ernie's FB LLC dba Ernie's Fast Break located at 7000
"O" Street. (ADOPTED, 7-0; A-83084)
16) Setting the hearing date of Monday, November 29, 2004 at
5:30 P.M. for the Application of Gateau Enterprises LLC
dba Green Gateau Caf‚ for an addition to their licensed
premise for an outdoor cafe‚ approximately 33 feet by
10 feet on the west side of the building located at 330
South 10th Street. (ADOPTED, 7-0; A-83085)
17) Setting the hearing date of Monday, December 6, 2004 at
1:30 P.M. for the Application of Alfredo Barrera dba Ay
Chihuahua for a liquor catering license located at 2050
Cornhusker Highway. (ADOPTED, 7-0; A-83086)
18) Setting the hearing date of Monday, December 6, 2004 at
1:30 P.M. for a Manager Application of Jeffre J. Mann
for Pinelake II LLC dba The C-Station located at 1401
Pine Lake Road. (ADOPTED, 7-0; A-83087)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 19 & 20 HAD 1ST READING)
19) 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)
20) 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)
ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS
21) 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, 4-3; DISSENTING: FRIENDT, SVOBODA,
WERNER)
Fact Sheet (1526K)
22) 04-201 Change of Zone 04057 - Application of Hoegemeyer
Palmer Construction for a change of zone from AG
Agricultural District to R-3 Residential District
on property generally located on the east side of
S. 84th Street, south of Kathy Lane. (PASSED, 7-0;
#18467)
(In connection w/04R-290)
Fact Sheet (669K)
23) 04R-290 Special Permit 04042 - Application of Hoegemeyer
Palmer Construction to develop Lattimer's Addition
Community Unit Plan for 13 single family dwelling
units, with requested waivers to the preliminary
plat process and the recreation plan requirement,
on property generally located on the east side of
S. 84th Street, south of Kathy Lane.
(In connection w/04-201) (11/8/04 - Action
Delayed 1 wk to 11/15/04)(AMENDED, 7-0; ADOPTED AS
AMENDED, 7-0; A-83088)
Fact Sheet (867K)
24) 04-202 Amending the pay schedules of employees whose
classifications are assigned to the pay range
which is prefixed by the letter "M" by creating
the job classification of "Utilities Security
Manager." (PASSED, 7-0; #18468)
Fact Sheet (49K)
Attachment (100K)
25) 04-203 Amending the pay schedules of employees whose
classifications are assigned to the pay range
which is prefixed by the letter "A" by changing
the job classification title "Assistant
Superintendent of Equipment Management" to
"Assistant Superintendent of Fleet Services" and
"Superintendent of Equipment Management" to
"Superintendent of Fleet Services"; and amending
the pay schedules of employees whose
classifications are assigned to the pay range
which is prefixed by the letter "C" by creating
the job classification of "Visitor Services
Coordinator" and deleting the job classification
of "Meter Reader III." (PASSED, 7-0; #18469)
Fact Sheet (50K)
Attachment (68K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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 29, 2004 AT 5:30 P.M.:
(APPROVED, 7-0)
37) 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 (11K)
38) 04R-301 Hearing on the Lincoln Electric System Annual
Budget for 2005. (Action Date: 12/13/04)
Fact Sheet (47K)
39) 04R-302 Comp. Plan Conformance 04008 - Approving and
adopting the Antelope Valley Redevelopment Plan in
two adjacent areas being (1) north of Downtown,
consisting of the North Bottoms neighborhood,
generally bounded by Salt Creek on the north, by
the BNSF Railroad tracks on the south, by Antelope
Creek on the east and by Interstate I-180 on the
west; and (2) east of Downtown, including all or
portions of the Clinton, Malone/Hawley, Downtown,
Near South and Woods Park neighborhoods, generally
bounded by 17th Street on the west, 27th Street on
the east, the BNSF Railroad tracks on the north,
and D and E Streets on the south.
Fact Sheet (1376K)
40) 04R-303 Special Permit 1384E - Application of Michael and
Chrisenda Smith to amend Marina Bay Community Unit
Plan to reduce the rear yard setback from 22.5
feet to 19 feet to allow an enclosed patio at 633
Marina Bay Place.
Fact Sheet (224K)
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 (11/24/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (11/29/04).
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 3:00 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