|
|
|
|
lincoln.ne.gov | |
|---|---|---|
|
|
|
 |
City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 31 2005, AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) 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. (1/24/05-
Public Hearing & Action Con't. to 1/31/05)
(ADOPTED FOR APPROVAL, 7-0; A-83182)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 2 THRU 4
HAD 2ND READING)
2) 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.
3) 05R-2 Creating Paving Unit No. 139 West
Benton Street from North 1st Street
west approximately 600 feet and assessing the
cost against the benefitted property. (Action date: 2/7/05)
Fact Sheet (37K)
Attachment (749K)
4) 05-8 Street Name Change 04010 - Renaming NW 47th Street
as NW 47th Court, generally located at NW 47th
Street and West Thatcher Lane.
Fact Sheet (548K)
PUBLIC HEARING - RESOLUTIONS
5) 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)
(ADOPTED FOR APPROVAL, 4-3; COOK, MCROY,
WERNER DISSENTING; A-83183)
6) 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)
(ADOPTED, 7-0; A-83184)
7) 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)
(ACTION DELAYED ONE WEEK TO 2/7/05, 7-0)
8) 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)
(ACTION DELAYED ONE WEEK TO 2/7/05, 7-0)
9) 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)
(LOST, 0-7; #38-4496)
10) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;A-83185)
11) 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.
(ADOPTED, 7-0; A-83186)
12) 05R-23 Appointing Jeffrey Jenkins to the Air Pollution
Control Advisory Board for a three-year term
expiring November 1, 2007.
Attachment (33K)
(ADOPTED, 7-0;A-83187)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
13) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on January 24, 2005.
(PLACED ON FILE)
Report from City Treasurer of cash on hand at the close
of business December 31, 2004. PLACED ON FILE)
Setting the Hearing Date of Monday, February 14, 2005
at 1:30 p.m. for App. of D.O. & J.O. dba O'Rourke's for
an addition to the licensed premise at 1329 O Street.
(ADOPTED, 7-0; A-83188)
Setting the Hearing Date of Monday, February 14, 2005 at
1:30 p.m. for App. of KKR Enterprises, Inc. dba Lancaster's
for an addition to the licensed premise at 3800 Old Cheney Rd.,
Ste. 105. (ADOPTED, 7-0; A-83189)
Investment of Funds from January 3 thru January 21, 2005.
(ADOPTED, 7-0; A-83190)
REPORTS OF CITY OFFICERS
14) Report of City Treasurer of franchise tax for the
month of December, 2004 for Aquila. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 15 THRU 22
HAD 1ST READING)
15) 05-9 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter "A" to create the
classification of Utilities Safety and Training
Specialist.
16) 05-10 Amending Section 2.78.020 of the Lincoln
Municipal Code regarding Management
Compensation Plan, Annual Leave, to clarify
the use of vacation leave during probation by
employees whose classifications are assigned
to pay range prefixed by the letter "M".
Fact Sheet (65K)
17) 05-11 Approving a transfer of appropriations in the
amount of $38,920.00 within the Parks and
Recreation CIP fund to the Joint Facilities
Maintenance fund for improvements at the Park
Middle School Teen Center.
Fact Sheet (65K)
18) 05-12 Change of Zone 04083 - Amending Title 27 of
the Lincoln Municipal Code by repealing
Section 27.69.085 relating to permitted signs
in a Corporate Office Park PUD, and by
amending Section 27.70.050 to modify the
requirements after approval of a use permit
to allow building permits, certificates of
occupancy and subdivision of property to be
issued or approved upon substantial
compliance with the plot plan as approved,
and to grant the Planning Director the
authority to review and determine if a
proposal is in substantial conformance with
the approved plan.
Fact Sheet (15K)
19) 05-13 Misc. No. 04014 - Amending Title 26 of the
Lincoln Municipal Code to update and
streamline the Land Subdivision Ordinance by
amending Section 26.07.135 to revise the
definition of outlot; amending Section
26.07.145 to revise the definition of private
roadways to allow private roadways in planned
unit developments; amending Section 26.07.190
to revise the definition of major street to
only include those streets shown in the
comprehensive plan as arterials; repealing
Section 26.11.020; amending Section 26.11.030
to require the Planning Director to
distribute copies of preliminary plats and
accompanying data to departments and
governmental agencies for review and to
reduce departmental or governmental agency
review of preliminary plats from fifteen days
to ten days; amending Section 26.11.032 to
add provisions for filing preliminary plats
and scheduling hearings before the Planning
Commission and repealing the provision
requiring the subdivider to provide a written
response to the Planning Director's
recommendation on the preliminary plat;
repealing Section 26.11.033 relating to
modification of the preliminary plat
procedures; amending Section 26.11.036 to
delete a reference to repealed Section
26.11.033; amending Section 26.11.038 to
provide that approval of the preliminary plat
also allows the subdivider to proceed with
the installation of street lighting and
street name signs; amending Section 26.11.039
to modify the requisites for final plat
approval with respect to the installation of
improvements or provision for their
installation; amending Section 26.11.040 to
modify the timing for the installation of
improvements; amending Section 26.11.060 to
reduce departmental or governmental agency
review of final plats from fifteen days to
ten days; amending Section 26.11.110 to
repeal provisions requiring the subdivider to
be responsible for the equivalent cost of
local street paving in a major street and
deleting the annotation appearing in the
Lincoln Municipal Code following Section
26.11.110; amending Section 26.15.015 to
require that the proposed use of an outlot be
designated on the preliminary plat; amending
Section 26.19.031 to require that the
proposed use of an outlot be designated on
the final plat and to require that a 2
½" x 6 ½" blank space be left at
the top of the first page of the final plat;
amending Section 26.19.035 to require the
notation on the final plat of the certified
landscaper selected to install street trees;
amending Section 26.23.140 to provide a
minimum lot depth for double frontage lots
abutting a major street; amending Section
26.23.170 to provide provisions for the
permanent maintenance of private
improvements; amending Section 26.27.005 to
provide that the Planning Director may waive
the minimum improvements required in a
subdivision when there are no additional lots
created; amending Section 26.31.015 to
authorize the approval of a CUP, PUD, special
permit, or use permit to vary or modify the
requirements of the Land Subdivision
ordinance so as to permit the coordinated
development of a subdivision and community
unit plan, planned unit development, special
permit, or use permit.
Fact Sheet (101K)
20) 05-14 Annexation 04011 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 75 acres of property generally
located east of S. 56th Street and south of
Pine Lake Road. (In connection w/05R-
25, 05-15)
Fact Sheet (311K)
21) 05R-25 Approving an Annexation Agreement between the City
and Campbell Farm and Land Co. and Northwoods,
L.L.C. outlining certain conditions and
understandings with regards to the annexation of
approximately 75 acres of property generally
locates southeast of S. 56th Street and Pine Lake
Road. (In connection w/05-14, 05-15)
(Action Date:2/14/05)
22) 05-15 Change of Zone 04075 - Application of Village
Gardens LLC for a change of zone from AG
Agricultural District to R-3 Residential and
B-3 Commercial, on property generally located
east of S. 56th Street and south of Pine Lake
Road, for a Planned Unit Development District
designation of said property, and for
approval of a development plan which proposes
a waiver of the required preliminary plat
process and modifications to the Zoning
Ordinance, Land Subdivision Ordinance and
Lincoln Design Standards to allow 348
dwelling units in the underlying R-3 zoned
area and approximately 185,000 sq. ft. of
commercial floor area in the underlying B-3
zoned area. (In connection w/05-14, 05R-25)
Fact Sheet (1999K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
23) 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)(AMENDED, 7-0; ADOPTED AS AMENDED, 6-1;
CAMP DISSENTING; A-83191)
Fact Sheet (1603K)
24) 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)
(PASSED, 7-0; #18490)
25) 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)
(ADOPTED, 7-0;A-83192)
26) 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)
(PASSED, 6-1; NEWMAN DISSENTING; #18491)
27) 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)
(PASSED, 7-0; #18492)
28) 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)
(ADOPTED, 7-0; A-83193)
29) 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)
(PASSED, 7-0; #18493)
30) 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)
(PASSED, 7-0; #18494)
31) 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)
(AMENDED #3, 7-0; AMENDED #4, 7-0; PASSED AS
AMENDED, 7-0; #18495)
PENDING LIST - DATE CERTAIN
32) 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. (1/24/05 - Action
Delayed to 2/14/05)
Fact Sheet (14K)
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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, FEBRUARY 7, 2005 AT 1:30 P.M.:
(APPROVED, 7-0)Approval (12K)
Denial (9K)
Fact Sheet (755K)
42) 05R-26 Reappointing Kim Todd, Michael Eckert and Scott
Sullivan to the Urban Design Committee for a
three-year term expiring February 1, 2008.
43) 05R-27 Appointing Robert D. Kuzelka to the Board of
Zoning Appeals for a five-year term expiring
February 1, 2010.
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 (2/9/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (2/14/05).
Danny Walker 4th Street - (CAME FORWARD
AS PRESIDENT OF THE SOUTH SALT
CREEK ASSN. TO REPORT PROBLEMS
OF THE 4TH STREET AREA)
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 OPEN MICROPHONE
SESSIONS FOR FEBRUARY WILL BE THE 14TH AND 28TH.
ADJOURNMENT 7:47 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