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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.,
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                  on 5 City-TV, Cable Channel 5.
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 The City Council Agenda and Action Sheet may be accessed on the
 Internet at:             lincoln.ne.gov
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City Council