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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.



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                          lincoln.ne.gov
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