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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 10, 2005, AT 1:30 P.M.
MAYOR'S PROCLAMATION & PRESENTATION
NATIONAL MENTORING MONTH
MAYOR'S AWARD OF EXCELLENCE
THE DECEMBER RECIPIENTS ARE A TEAM FROM PUBLIC WORKS &
UTILITIES: RICK ROBERTS, LEE APPLEBEE, BOB LUEDTKE, STAN ROBERTS,
KEITH BAUE, RON SANDERS, BOB WISCHMANN, PAUL FURMAN, DAVE MARTINEZ,
AND JIM BOSTON ALL IN THE CATEGORY OF LOSS PREVENTION
THE BOARD OF EQUALIZATION WILL RE-CONVENE AT 1:30 P.M. IMMEDIATELY
PRECEDING THE REGULAR CITY COUNCIL MEETING
NO CITY COUNCIL MEETING 1/17/05 - MARTIN LUTHER KING DAY OBSERVED
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Ayr, Inc. dba El Potrero for a
Class I liquor license at 247 N. 8th Street.
(ADOPTED FOR APPROVAL, 7-0; A-83142)
2) Manager application of Estela Ayala for Ayr, Inc.
dba El Potrero at 247 N. 8th Street.
(ADOPTED FOR APPROVAL, 7-0; A-83143)
3) Application of Chipotle Mexican Grill of Colorado,
LLC dba Chipotle Mexican Grill for a Class I
liquor license at 2801 Pine Lake Road.
(ADOPTED FOR APPROVAL, 7-0; A-83144)
4) Manager application of Aaron Michael Dansky for
Chipotle Mexican Grill of Colorado, LLC dba
Chipotle Mexican Grill at 2801 Pine Lake Road.
(ADOPTED FOR APPROVAL, 7-0; A-83145)
5) Manager application of Annette M. Erhart for
Grannette, Inc. dba DelRay Ballroom and Lounge at
817 R Street. (ADOPTED FOR APPROVAL, 7-0; A-83146)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS
(ITEMS 6 & 7 HAD 2ND READING)
6) 04-222 Change of Zone 04055 - Application of Hampton
Development for a change from H-3 Highway
Commercial District to R-4 Residential District on
property generally located south of Fletcher Ave,
east of N. 14th Street. (In connection w/04R-328)
Fact Sheet (384K)
7) 04R-328 Special Permit 04044 - Application of Hampton
Development to construct North Creek Villas
Community Unit Plan for 52 dwelling units and
requested waivers that lot lines are radial to the
street, modification to the Design Standards for
private roadways, allowing double frontage lots,
reduce the minimum lot depth along a major road,
and reduction of the rear yard setback, on
property generally located south of Fletcher Ave.,
east of N. 14th Street. (In connection w/04-222)
(Action Date: 1/24/05)
Fact Sheet (503K)
PUBLIC HEARING - RESOLUTIONS
8) 04R-329 Special Permit 1999A - Application of Lincoln
Federal Bancorp to amend Wilderness Hills
Community Unit Plan to adjust the rear setback to
zero feet for Lots 9-23, Block 2; adjust the rear
setback to five feet for Lots 8-34, Block 7; waive
the maximum lot width to depth ratio; waive the
minimum lot depth; and to allow double frontage
lots for an attached single family and town home
development of approximately 66 units between
Wilderness Hills Blvd. and Whispering Wind Blvd.,
on property generally located northeast of the
intersection of S. 27th Street and Whispering
Wind Blvd. (MOTION TO AMEND #1 ADOPTED, 7-0;
ADOPTED AS AMENDED, 7-0; A-83147)
Fact Sheet (661K)
9) 04R-330 Special Permit 228K - Application of Lloyd and
Donna Hinkley to amend the Capitol Beach West
Community Unit Plan to reduce the front yard
setback on Lot 24, Block 1,Capitol Beach West
Addition, from 19.5 feet to 15.5 feet for an
attached garage, on property generally located
at 302 W. Lakeshore Drive. (ADOPTED, 7-0;
A-83148)
Fact Sheet (217K)
10) 04R-331 Misc. 04018 - Amending Chapter 2.20 of the City
of Lincoln Design Standards to establish sight
distance standards for rural build-through
intersections. (ADOPTED, 7-0; A-83149)
Attachment (10K)
Fact Sheet (61K)
11) 04R-332 Comp. Plan Conformity 04010 - Adopting the 48th
and O Street Redevelopment Plan generally bounded
by R Street on the north, 48th Street on the west,
52nd Street on the east, and N Street on the
south, consisting of 41.7 acres. (PLACED ON PENDING
FOR 2 WEEKS TO 1/24/05, 5-2; DISSENTING: CAMP, MCROY)
Fact Sheet (260K)
Attachment (1.51M)
12) 04R-333 Comp. Plan Amendment 04021 - Amending the 2025
Lincoln-Lancaster County Comprehensive Plan by
adopting the proposed Airport West Subarea Plan
for the area generally from N.W. 27th Street to
N.W. 70th Street, from US Highway 34 to US
Highway 6, including associated amendments to
the Community Form, Business and Commerce,
Mobility and Transportation, Community Facilities,
and Parks, Recreation and Open Space sections of
the Comprehensive Plan. (PLACED ON PENDING FOR
3 WEEKS TO 1/31/05, 7-0)
Fact Sheet (1603K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, January 24,
2005, at 1:30 pm for Application of Jerry and
Sandi Irwin dba Foxy Lady for an addition to their
licensed premise for a beer garden approximately
15 feet by 20 feet on the south side of their
licensed premise located at 1823 "O" Street.
(ADOPTED, 7-0; A-83150)
14) Setting the hearing date of Monday, January 24,
2005, at 1:30 pm Application of Geemax Inc dba The
N-Zone for an addition to their licensed premise
for a beer garden approximately 11 feet by 9 feet
on the north side of their licensed premise
located at 728 "Q" Street. (ADOPTED, 7-0; A-83151)
15) Setting the hearing date of Monday, January 24,
2005, at 1:30 pm Application of Carpcorp dba
Libations, Too... for an addition to their license
premise for a beer garden approximately 10 feet by
27 feet to the west side of their licensed premise
located at 5310 S. 56th Street, Suite 1. (ADOPTED,
7-0; A-83152)
16) Setting the hearing date of Monday, January 24,
2005, at 1:30 pm Application of HyVee Inc dba
HyVee #5 for a Class C Liquor License located at
7151 Stacy Lane. (ADOPTED, 7-0; A-83153)
17) Setting the hearing date of Monday, January 24,
2005, at 1:30 pm Application of Gas N Shop Inc dba
Gas N Shop for a Class D Liquor License located at
600 West "O" Street. (ADOPTED, 7-0; A-83154)
18) THE FOLLOWING ITEMS ARE REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 04075 - Application
submitted by Village Gardens LLC, Village Gardens
Planned Unit Development, from AG Agricultural
District to R-3 Residential PUD and B-3 Commercial
PUD with a development plan which proposes to
modify standards of the underlying zoning
district, subdivision ordinance and design
standards, on property located at S. 56th
Street and south of Pine Lake Road.
Use Permit No. 132A - Application submitted
by Livingston Investments Inc, an amendment to
remove the restriction on the hours of operation
on Lot 1, Willowbrook Addition, on property
located at S. 70Th Street and Highway 2.
Use Permit No. 04006 - Application
submitted by Brian D. Carstens on behalf of
Southview Inc and Highlands East Limited
Partnership, for approximately 18 family dwelling
units, and 11,000 sq. ft. of office, with requests
to waive rear and side yard setbacks, lot depth to
width ratio, required frontage, sanitary sewer,
and water and sewer main location, on property
located at NW 1st Street and West Highland Boulevard.
Change of Zone No. 04019 - Application
submitted by Seacrest and Kalkowski, from AG
Agricultural District to R-3 Residential District,
on property located at N. 98th Street and
Holdrege Street.
Change of Zone No. 04083 - Application
submitted by the Director of the Planning Department,
to amend Section 27.69.085 and to repeal
Section 27.69.085 and to repeal Section 27.69.085,
signs for Corporate Office Park planned unit
development, of the Lincoln Municipal
Code, to allow site plans in substantial
conformance with the spirit and intent of the
approved plan.
Change of Zone No. 04084 - (Waterford Estates
Planned Unit Development) Application submitted
by Seacrest and Kalkowski, from AG Agricultural
District to B-2 PUD, on property located at
N. 98th and "O" Streets.
Use Permit No. 148 - Application submitted
by Ross Engineering, for 3 lots, for property
located at N. 27th Street and Folkways Boulevard.
Special Permit No. 838A - Application submitted
by T.O. Haas LLC, an amendment to delete the restriction
that the rear portion of premises be used only as an
automotive and/or tire warehouse, on property located
at 640 West "O" Street.
Special Permit No. 04073 - Application requested by
St. Monica's Home, for a health care facility on property
at Wedgewood Manor, located at 120 Wedgewood Drive.
19) MISCELLANEOUS REFERRALS
Lincoln Water & Wastewater System Recapitulation of Daily
Cash Receipts for December, 2004. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
20) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 13, 2004. (PLACED ON FILE)
21) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 20, 2004. (PLACED ON FILE)
22) Report from City Treasurer of franchise tax from
Aquila for the month of November, 2004.
(PLACED ON FILE)
23) Audit reports of Lincoln Water and Wastewater
Systems for FY 2003-2004. (PLACED ON FILE)
24) Approving the distribution of funds representing
interest earning on short-term investments of Idle
Funds during the month ended November, 2004.
(ADOPTED, 7-0; A-83155)
25) Investment of funds for the week of December
6 thru December 17, 2004. (ADOPTED, 7-0;
A-83156)
26) Investment of funds for the week of December
20 thru December 31, 2004. (ADOPTED, 7-0;
A-83157)
27) Report from City Treasurer Telecommunications
Occupation Tax for the month of October, 2004:
VoiceCom Telecom, Quest Comm, XO Long Distance
Services, TracFone Wireless, Nextel West Corp,
Guaranteed Phone Service, Intellicall Operator
Service, USCOC of Greater Iowa, Bell Atlantic
Comm, Shaffer Comm, Liberty Wireless, One Call
Comm, KDDI America, T-Netix Telecom Services, IBM
Global Services, Quantum Shift Comm, ACN Comm
Services, Cincinnati Bell Any Distance, McLeod USA
Telecomm Services, CIII Comm Operations, Verizon
Select Services, OnStar Corp, UCN Inc, Global
Crossing Telecomm, Working Assests Funding
Service, Trans National Comm International, Virgin
Mobile USA, Norstan Network Services, AT&T Comm of
Midwest, Nebraska Technology & Telecomm, Cricket
Comm, Alltel Systems of the Midwest, Alltel Comm
of Nebraska, Alltel Nebraska, Cellular One, and
Primus Telecomm; November, 2004: Zone Telecom, GTC
Telecom, GlobalCom, Tri-M Comm, Lightyear Network
Solutions, LDMI Telecomm, Affinity Network,
Association Administrators, Southwestern Bell
Comm, USA Inc, ATS Mobile Telephone, Nextel West
Corp, NOS Comm, NOSVA Limited Partnership,
Telecorp Comm, Excel Telecom, D & D Comm, VarTec
Telecom, Affinity Network Inc, Nextel Partners,
ATT Wireless PCS, Sprint Spectrum, MCI WorldCom
Network Services, Sprint Comm, Cellular One,
Alltel Systems of the Midwest, Alltel Nebraska,
and Alltel Comm of Nebraska. (PLACED ON FILE)
28) Request of Public Works to set a Public Hearing
date of Monday, January 31, 2005, at 5:30 p.m.
and place on the formal City Council Agenda
the following: (APPROVED, 7-0)
05-4 Repealing Ordinance No. 18447 creating
Paving District No. 2629, West Benton
Street from No. 1st St. Street
west approximately 600 feet, due to lack
of majority petitions.
Fact Sheet (62K)
05R-2 Creating a Paving Unit in West Benton
Street from N. 1st Street west approximately
600 feet and assessing the cost against the
benefitted property.
Fact Sheet (60K)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 29 THRU 36 HAD 1ST READING)
29) 05-1 Change of Zone 04078HP - Application of the
Rape/Spouse Abuse Crisis Center to designate
the Lally House at 2541 N Street as a landmark.
(In connection w/05R-4)
Fact Sheet (316K)
Attachment (39K)
30) 05R-4 Special Permit 04062 - Application of the
Rape/Spouse Abuse Crisis Center to operate a
crisis center in a landmark located at 2541 N
Street. (In connection w/05-1) (Action
Date: 1/31/05)
Fact Sheet (407K)
31) 05-2 Application of One Vista LLC to assign the
address of "One Talent Plus Way" to its Talent
Plus building generally located at 65th Street
and Pioneers Blvd.
Fact Sheet (148K)
32) 05-3 Change of Zone 04076HP - Application of Pages LLC
to designate the Zimmer Grocery Store at 1941-1943
K Street as a landmark. (In connection w/05R-6)
Fact Sheet (299K)
Attachment (50K)
33) 05R-6 Special Permit 04063 - Application of Pages
LLC to operate an office and a residence in a
landmark located at 1941 - 1943 K Street.
(In connection w/05-3) (Action Date: 1/31/05)
Fact Sheet (423K)
34) 05-5 Misc. 04004 - Application of the University of
Nebraska Board of Regents to vacate portions of
several plats located within the UNL East Campus,
including vacation of public rights-of-way,
generally located at North 40th Street and
Leighton Ave.
Fact Sheet (164K)
35) 05-6 Approving a Lease Agreement between the City and
Cedars Youth Services to operate a child care
facility located in Center Park Garage at 12th
and N Streets for a 10-year term commencing
October, 2003.
Fact Sheet (54K)
Attachment (2209K)
36) 05-7 Amending Section 2.18.035 of the Lincoln Municipal
Code, relating to bid protests of awards made by
the City for purchases where bids are required, to
revise the time frame under which bidders may
protest to better clarify when the opportunity
begins and ends, to revise the filing fee to
better reflect the City's costs in undertaking the
protest effort, and to clarify the abilities of
the City to proceed with or suspend purchases
during the time of a protest.
Fact Sheet (46K)
ORDINANCES - 3RD READING
37) 04-211 Creating Water District No. 1194 for constructing
a 6-inch water main or mains in S. 14th Street,
Garfield to Sumner Streets. (PASSED, 7-0; #18488)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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, JANUARY 24, 2005 AT 1:30 P.M.:
(APPROVED, 7-0)
46) 05R-1 Approving a contract involving the expenditures of
money from appropriations of more than one year for
a wastewater project that provides for the construction
of the North 31st Street Liftstation Forcemain
Outfall Improvements Project for the Lincoln
Wastewater System.
Fact Sheet (58K)
47) 05R-3 Assessing the demolition and removal of the dangerous
building expense incurred by the City against the
property located at 2420 P Street.
Fact Sheet (376K)
Attachment (2.51M)
48) 05R-5 Use Permit 04005 - Application of RLM LLC to develop
Barons Ridge consisting of 38 dwelling units and 10,000
square feet of office space, with requested variances to
sanitary sewer design standards, modifications to reduce
the side yard setback, rear yard setback, and frontage,
and to waive the preliminary plat process, on property
generally located southwest of Barons Road and N.W.
1st Street.
Fact Sheet (716K)
49) 05R-7 Approving an Interlocal Agreement between the City,
County, and United Way for implementation of the
Community Based Human Needs Assessment in conjunction
with the University of Nebraska Public Policy Center.
Attachment (390K)
50) 05R-8 Approving a Conservation Easement Agreement between
Pine Lake Development LLC and the City over Outlot A,
Pine Lake Plaza, for preservation of the existing wetlands.
Fact Sheet (40K)
Attachment (2.51M)
51) 05R-9 Approving an Agreement between the Lincoln-Lancaster County
Health Department and the Social Security Administration
to establish conditions to disclose information relating
to the eligibility for and payment of Social Security
benefits and/or Supplemental Security Income and Special
Veterans Benefits.
Fact Sheet (41K)
Attachment (712K)
52) 05R-10 Use Permit 04004 - Application of Cameron Corporation to
develop Highlands Townhomes consisting of 94 dwelling
units, one lot for future development, and one outlot,
with requested variances to the sanitary sewer design
standards and waiver of the preliminary plat process on
property generally located at W. Fletcher Ave. and
N.W. 13th Street.
Fact Sheet (716K)
53) 05R-11 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of
December 1 - 31, 2004.
Fact Sheet (13K)
Attachment (30K)
54) 05R-12 Amending the Interlocal Agreement creating the
Aging Agency to allow the Mayor to execute leases
for senior center service purposes on agreements
of one year or less.
Attachment (15K)
55) 05R-13 Amending Resolution No. A-83068 to clarify that
the amendments to Chapter 3.75 of the City of
Lincoln Design Standards are only applicable with
respect to applications for building permits
submitted on or after November 1, 2004.
Fact Sheet (14K)
56) 05R-14 Hearing on Adams Enterprises, Inc.'s Notice of
Appeal appealing from the impact fee determination
of Impact Fees imposed for the single-family
dwelling located at 7420 Otoe Court and requesting
a waiver or reduction of said fees.
Approval (10K)
Denial (10K)
Fact Sheet (59K)
Attachment (263K)
57) 05R-15 Approving the Phase I Enhanced 9-1-1 Service
Agreement between the City and Alltel for a three-
year term for implementation of Phase I Wireless
required by the Federal Communications Commission.
Fact Sheet (63K)
Attachment (936K)
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. The open
microphone is available on the 2nd & Last Monday of each month.
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 (1/19/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (1/24/05).
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. THE NEXT OPEN MICROPHONE SESSION
WILL BE JANUARY 31ST.
ADJOURNMENT 6:00 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