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Formal Agenda/Action

 

             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, JANUARY 24, 2005, AT 1:30 P.M.

                        ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)        Application of Jerry and Sandy Irwin dba Foxy Lady to
           expand the beer garden at its presently licensed
           premises by the addition of an outside area measuring
           approximately 15 feet by 20 feet to the south for a
           total description being the entire first floor of the
           building 24 feet by 92 feet plus the beer garden to the
           south measuring 32 feet by 20 feet, at 1823 O Street.
           (ADOPTED FOR APPROVAL, 6-0; MCROY ABSENT; A-83158)

 2)        Application of Geemax, Inc. dba The N-Zone to expand
           its licensed premises by the addition of an outside
           area measuring approximately 11 feet by 9 feet to the
           north at 728 Q Street.  (PLACED ON PENDING FOR ONE
           WEEK W/PUBLIC HEARING, 7-0)

 3)        Application of Carpcorp dba Libations, Too to expand
           its licensed premises by the addition of an outside
           area measuring approximately 10 feet by 27 feet to the
           west at 5310 S. 56th Street, Suite 1.
           (ADOPTED FOR APPROVAL, 7-0; A-83159)

 4)        Application of Lincoln NE Lodging, LLC dba Beacon Hills
           for a Class I liquor license at 5353 N. 27th Street.
           (ADOPTED FOR APPROVAL, 7-0; A-83160)

 5)        Manager application of Carole L. Regan for Lincoln NE
           Lodging, LLC dba Beacon Hills at 5353 N. 27th Street.
           (ADOPTED FOR APPROVAL, 7-0; A-83161)

 6)        Application of Hy Vee Inc. dba Hy Vee #5 for a Class C
           liquor license at 7151 Stacy Lane.
           (ADOPTED FOR APPROVAL, 7-0; A-83162)

 7)        Manager application of Scott A. Schlatter for Hy Vee
           Inc. dba Hy Vee #5 at 7151 Stacy Lane.
           (ADOPTED FOR APPROVAL, 7-0; A-83163)

 8)        Application of Gas 'N Shop, Inc. dba Gas 'N Shop #81
           for a Class D liquor license at 600 West O Street.
           (ADOPTED AS AMENDED FOR APPROVAL,7-0; A-83164)

 9)        Manager application of Connie L. Hynek for Gas 'N Shop,
           Inc. dba Gas 'N Shop #81 at 600 West O Street.
           (ADOPTED FOR APPROVAL, 7-0; A-83165)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS  (ITEMS 10 THRU 17 HAD 2ND READING)

10) 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)

11) 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)

12) 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)

13) 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)

14) 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)

15) 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)

16) 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)

17) 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)


PUBLIC HEARING - RESOLUTIONS

18) 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)
           (ADOPTED, 7-0; A-83166)

19) 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)
           (ADOPTED, 7-0; A-83167)

20) 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)
           (ADOPTED, 7-0; A-83168)

21) 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)
            (ADOPTED, 7-0; A-83169)

22) 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)
           (ADOPTED, 7-0; A-83170)

23) 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)
           (ADOPTED, 7-0; A-83171)

24) 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)
           (ADOPTED AS AMENDED, 7-0; A-83172)

25) 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)
           (ADOPTED AS AMENDED, 7-0; A-83173)

26) 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)
           (ADOPTED, 7-0; A-83174)

27) 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)
           (DELAYED WITH PUBLIC HEARING & ACTION ON 2/14/05, 7-0)

28) 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)
           (ADOPTED FOR DENIAL, 7-0; A-83175)

29) 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)
           (ADOPTED, 7-0; A-83176)

30)        Setting the Interest Rate of 6.25% and Levying the
           Assessments on Special Assessment Group I (Paving
           District 2624) of the Board of Equalization held
           January 10, 2005, and   accepting the Report on
           Board of Equalization to City Council on Special
           Assessments Group I (Water District 1190 and
           Paving District 2624).
           (ADOPTED, 7-0; A-83177)


                 - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

31)        Setting the Hearing Date of Monday, February 7,
           2005 at 1:30 p.m. for the App. of Chez Hay
           Catering, Inc. dba Chez Hay Catering for a Class I
           liquor license with catering located at 210 N. 14th Street.
           (ADOPTED, 7-0; A-83178)

           Setting the Hearing Date of Monday, February 7,
           2005 at 1:30 p.m. for the Man. App. of Steven
           Lohmeier for WJP, LLC dba 1st Avenue located at
           2310 N. 1st Street. (ADOPTED, 7-0; A-83179)

33)     THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
           Change of Zone 05001 - App. of Olsson Associates
               from AG to R-3 on property located at Lammle Circle and
               Gleneagle Court.
           Special Permit 1386C - App. of Brian Carstens on behalf of
               Richard and Marti Ann Hudson to waive the preliminary
               plat process, sidewalks, street trees, street
               lighting, landscape screening, block length
               and stormwater detention requirements on
               property at S. 112th Street and Van Dorn Street.
           Special Permit 05001 - App. of Gas N Shop, Inc. to
               sell alcoholic beverages for consumption off the
               premises on property located at West O Street and
               Sun Valley Boulevard.


34)    MISCELLANEOUS REFERRALS - NONE

REPORTS OF CITY OFFICERS

35)         Clerk's Letter and Mayor's Approval of Resolutions
            and Ordinances passed by the City Council on
            January 10, 2005.(PLACED ON FILE)

36)         Report of UNL Microbiologist for water testing for
            the month of December, 2004.  (PLACED ON FILE)

37)         Setting the hearing date of Monday, February 14,
            2005, at 10:00 a.m. on the Board of Equalization
            Special Assessment Group I. (APPROVED, 7-0)

                         - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
                (ITEMS 38 THRU 40 HAD 1ST READING)

38) 05-4    Repealing Ordinance No. 18447 creating Paving
            District No. 2629 in West Benton Street from North
            First Street west approximately 600 feet, due to
            the lack of majority petition.

39) 05R-2   Creating Paving Unit No. 139 in West Benton
            Street from N. 1st Street west approximately
            600 feet and assessing the cost against the
            benefitted property.
            Fact Sheet (37K)
            Attachment (749K)

40) 05-8    Street Name Change 04010 - Renaming N.W. 47th
            Street as N.W. 47th Court, generally located at
            N.W. 47th Street and W. Thatcher Lane.
            Fact Sheet (548K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY 

41) 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)
            (PASSED, 7-0; #18489)

42) 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)
            (ADOPTED, 7-0; A-83180)

43) 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. (1/10/05 -
            Placed on Pending for 2 weeks to 1/24/05 for
            Action Only)
            Fact Sheet (260K)
            Attachment (1.51M)
            (ADOPTED, 5-2; CAMP, COOK DISSENTING; A-83181)


PENDING LIST - DATE CERTAIN

44) 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.(1/10/05 - Placed
            on Pending for 3 weeks to 1/31/05 for Action Only)
            Fact Sheet (1603K)


PENDING LIST  (EXTENDED ONE WEEK)

45) 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)

46) 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)

47) 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)

48) 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)

49) 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)

50) 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)

51) 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)

52) 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 31, 2005 AT 5:30 P.M.:
                                             (APPROVED, 7-0)

53) 05R-16   Hearing on Dr. Mark  Wachal's Notice of Appeal
             from the Impact Fee Determination imposed for the
             Wachal Pet Health Center at 201 Capitol Beach
             Blvd., Suite 10, and requesting a waiver or
             reduction of said fees.
             Approval (11K)
             Denial (13K)
             Fact Sheet (59K)

54) 05R-17   Approving the Investment Policy of the City for
             the purpose of setting objectives and parameters
             for the management of City funds.
             Fact Sheet (62K)
             Attachment (1982K)

55) 05R-18   Approving an Agreement between the City and the
             Nebraska Dept. of Roads for the federal funding,
             through the Department of Transportation, Federal
             Highway Administration, for the Antelope Valley P
             and Q Street Bridges Project (Project No. STPC-
             5236(1) CN 11215L, City No. 780105.
             Fact Sheet (64K)
             Attachment (495K)

56) 05R-19   Approving an Agreement between the City and the
             Nebraska Dept. of Roads for the federal funding,
             through the Department of Transportation, Federal
             Highway Administration, for the Antelope Valley N
             Street Bridge Project (Project No. STPC-5234(1) CN
             11215H, City No. 780112.
             Fact Sheet (62K)
             Attachment (525K)

57) 05R-20   Use Permit 132A - Application of Livingston
             Investments to eliminate the restricted hours of
             operation of a shopping center to allow a 24-hour
             operation for Lot 1, Willowbrook, generally
             located southeast of S. 70th Street and Highway 2.
             Fact Sheet (1816K)

58) 05R-21   Accepting the report of new and pending claims
             against the City and approving disposition of
             claims set forth therein for the period of January
             1 - 15, 2005.
             Fact Sheet (13K)
             Attachment (29K)

59) 05R-22   Reappointing Tom Laging, Patrick O'Donnell, and
             Jim Hewitt to the Nebraska Capitol Environs
             Commission for three year terms expiring January
             9, 2007, January 9, 2007, and January 9, 2008,
             respectively.

60) 05R-23   Appointing Jeffrey Jenkins to the Air Pollution
             Control Advisory Board for a three-year term
             expiring November 1, 2007.
             Attachment (33K)

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 and Registered Section 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 (1/26/05) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (1/31/05).

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  6:42 P.M. 

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