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Formal Agenda/Action

 

        ACTION OF THE REGULAR CITY COUNCIL MEETING HELD 
              MONDAY, FEBRUARY 7, 2005 AT 1:30 P.M.

                      ALL MEMBERS PRESENT                     

                   MAYORS AWARD OF EXCELLENCE
    INVESTIGATOR GREGORY SIMS OF THE LINCOLN POLICE DEPARTMENT 
    IN THE CATEGORY OF LOSS PREVENTION FOR THE MONTH OF JANUARY

                 THERE WILL BE NO COUNCIL MEETING
     THE WEEK OF FEBRUARY 21ST DUE TO PRESIDENTS' DAY HOLIDAY

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Chez Hay Catering, Inc. 
               dba Chez Hay Catering for a Class I with 
               Catering liquor license at 210 N. 14th 
               Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-83194)

2)             Manager application of Lynn Hay for Chez 
               Hay Catering, Inc. dba Chez Hay Catering 
               at 210 N. 14th Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-83195)

3)             Manager application of Steven Lohmeier 
               for WJP L.L.C. dba 1st Avenue at 2310 
               N. 1st Street. (ADOPTED FOR APPROVAL,
               7-0; A-83196)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS 
(ITEMS 4 THRU 11 HAD 2ND READING)

4)   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.

5)   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)
							 
6)   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)
							 
7)   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)
							 
8)   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 contribute 
               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 appproval 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)
							 
9)   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)
							 
10)  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)

11)  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)


PUBLIC HEARING - RESOLUTIONS

12)  05R-24    Appeal of Risky's Inc. from the Planning
               Commission denial of Special Permit 
               No 04065 for authority to sell alcoholic 
               beverages for consumption on the premises 
               for an outside beer garden at Risky's 
               Sports Bar and Grill generally located 
               at 4680 Leighton Avenue. (ADOPTED, 5-2; 
               DISSENTING: COOK, FRIENDT; A-83197)
               Approval (12K)
               Denial (9K)
               Fact Sheet (755K)
							 
13)  05R-26    Reappointing Kim Todd, Michael Eckert 
               and Scott Sullivan to the Urban Design 
               Committee for a three-year term expiring  
               February 1, 2008. (ADOPTED, 7-0; A-83198)

14)  05R-27    Appointing Robert D. Kuzelka to the Board 
               of Zoning Appeals for a five-year term 
               expiring February 1, 2010. (ADOPTED, 
               7-0; A-83199)
               Attachment (33K)
							 
                    - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS 

15)            THE FOLLOWING WERE REFERRED TO THE PLANNING  
               DEPARTMENT:
               Change of Zone No. 05002- Application
               submitted by Lindsey Co, the Links at Lincoln 
               Planned Unit Development, from AG Agricultural 
               District to R-3 Residential District, for 
               approximately 696 dwelling units, 1000 square 
               foot clubhouse, private golf course, and 60,000 
               square feet commercial, on property generally 
               located at Highway 34 and Fletcher Avenue. 
               Change of Zone No. 05003 - Application
               submitted by Planning Director, to amend the                                                       
               additional height and area provisions of 
               Chapter 27.71 of the Lincoln Municipal Code to
               address lighting trespass. 
               Change of Zone No. 05004 (Pine Garden
               Planned Unit Development) - Application submitted 
               by Realty Trust Group Inc, for 28 multi-family 
               units and 20,400 square feet of office, retail, 
               and commercial area, on property generally
               located at S. 84th Street and Old Cheney Road. 
               Use Permit No. 145A - Application submitted
               by Pine Lake Development LLC, an amendment to 
               modify the O-3 Park District sign requirements 
               to allow additional signage and adjust allowed
               sign locations on property generally located at
               S. 84th Street and Pine Lake Road. 
               Special Permit No. 1816A - Application
               submitted by Ross Engineering, for an amendment 
               to extend soil extraction, on property generally
               located at NW 40th Street and West Vine Street.  
               Special Permit No. 05002 (Foreman Ridge
               Addition Community Unit Plan) - Application 
               submitted by Gary Pickering, for approximately 
               29 single family acreage lots, with requests 
               to waive the preliminary plat process, sidewalks, 
               street trees, street lighting, landscape screening, 
               block length, storm water detention, sanitary sewer 
               running opposite of street grade, and front and 
               side yard setbacks, on property generally located
               at SW 12th Street and W Denton Road. 


16)    MISCELLANEOUS REFERRALS

              Report from City Treasurer for franchise fees from 
              Time Warner Cable for the quarter ending 
              December 31, 2004. (PLACED ON FILE)

              Clerk's Letter and Mayor's Approval of Resolution 
              Numbers A-83182 and A-83184 through A-83193 and 
              Ordinance Numbers 18490 through 18495 passed by 
              the City Council on January 31, 2005. (PLACED 
              ON FILE)

              Mayor's Veto Message of Resolution No. A-83183 - 
              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 
              requested a waiver or reduction of said fees. 
              (PLACED ON FILE)


REPORTS OF CITY OFFICERS 

17)            Affidavit of Mailing for Board of Equalization
               Special Assessment Group I, Board of Equalization 
               to be held on Monday, February 14, 2005, 10:00
               a.m. (PLACED ON FILE)

18)            Assessment Resolution for Special Assessment Group
               I, Board of Equalization to be held Monday,
               February 14, 2005, 10:00 a.m. (Requires a Motion) 
               (APPROVED, 7-0)

19)            Lincoln Water & Wastewater system Recapitulation
               of Daily Cash Receipts for January, 2005. (PLACED
               ON FILE)

20)            Setting the hearing date of Monday, February 28,
               2005 at 5:30 pm for the Manager Application of
               Jolene Bartling for Wal-Mart Stores Inc dba 
               Wal-Mart Supercenter #1943 located at 4700 N.
               27th Street. (ADOPTED, 7-0; A-83200)

21)            Approving the distribution of funds representing
               interest earning on short-term investments of Idle
               Funds during the month ended December, 2004.  
               (ADOPTED, 7-0; A-83201)

22)            Report from City Treasurer of Telecommunications
               Occupation Tax for the month of October -
               December, 2004: Ionex Communications North Inc,
               Comtech 21, Z-Tel Comm Inc, Touch 1 Comm; November
               - December, 2004: Acceris Comm; November, 2004:
               VoiceCom Telecomm, Cincinnati Bell Any Distance,
               TracFone Wireless, Qwest Comm, T-Netix Telecom,
               IBM Global Services, Quantum Shift Comm, KDDI
               America, Star Number, Guaranteed Phone Service,
               Intellicall Operator Services, Global Crossing
               Telecomm, CIII Communications Operations,
               McLeodUSA Telecomm, Primus Telecomm, Trans
               National Comm, Verizon Select Services, Working
               Assets Funding Service, ACN Comm Services, OnStar
               Corporation, Virgin Mobile USA, OCMC Inc, Norstar
               Network Services, USCOC of Greater Iowa, Bell
               Atlantic Comm, UNC Inc, XO Long Distance Services,
               Cricket Comm, AT&T Communications of Midwest;
               December, 2004: ATS Mobile Telephone, Affinity
               Network, Vartec, Excel, Lightyear Networks
               Solutions, Telecorp Comm, NOS Comm, TRI-M Comm,
               Zone Telecom, Association Administrators,
               Globalcom Inc, GTC Telecom, LDMI Telecom, Nextel
               West Corp, Southwestern Bell Comm Services, NOSVA
               Limited Partnership, USA Inc, ATT Wireless, Sprint
               Spectrum, D&D Comm, Nextel Partners, AmeriVision
               Comm, and Claricom Networks. (PLACED ON FILE)

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS 
(ITEMS 23 THRU 28 HAD 1ST READING

23)  05-16     Annexation 04002 - Amending the Lincoln Corporate 
               Limits Map by annexing approximately 20 acres of 
               property generally located south of Leighton Avenue 
               and east of N. 84th Street. (In connection w/
               05R-30, 05-17, 05R-31)
               Fact Sheet (171K)
							 
24)  05R-30    Approving an Annexation Agreement between the City
               and Scott C. Anderson outlining certain conditions
               and understandings with regards to the annexation
               of approximately 19.41 acres on property generally
               located at N. 84th Street and Leighton Avenue.
               (In connection with 05-16, 05-17, 05R-31)
               (Action Date: 2/28/05)
               Attachment (39K)
							 
25)  05-17     Change of Zone 04011 - Application of Scott Anderson 
               for a change of zone from AG Agricultural District 
               to R-3 Residential District and H-4 General Commercial 
               District on property generally located south of
               Leighton Avenue and east of N. 84th Street. (In 
               connection w/05R-30, 05-16, 05R-31)
               Fact Sheet (189K)
							 
26)  05R-31    Special Permit 04009 - Application of Scott Anderson 
               to develop Anderson's Place Planned Service Commercial 
               Center for approximately 86,120 sq. ft. of floor area, 
               with requested waivers of the required front yard 
               setback along N. 84th Street, to eliminate internal 
               setbacks, and to reduce the side yard setback, on 
               property generally located south of Leighton Avenue 
               and east of N. 84th Street. (In connection w/05-16,
               05R-30, 05-17) (Action Date: 2/28/05)
               Fact Sheet (296K)
							 
27)  05-18     Change of Zone 04067 - Application of Hartland Homes 
               for a change of zone from AGR Agricultural Residential 
               District and H-4 General Commercial District to R-3
               Residential District on property generally located 
               southwest of the intersection of West A Street and 
               S.W. 27th Street. (In connection w/05R-32)
               Fact Sheet (208K)
							 
28)  05R-32    Special Permit 04054 - Application of Hartland Homes 
               to develop Hartland Homes Southwest 1st Addition 
               Community Unit Plan for 382 single family dwelling 
               units, with requested waivers of the required lot area,
               average lot width, block length, and the preliminary 
               plat process, on property generally located southwest 
               of the intersection of West A Street and S.W. 27th
               Street. (In connection w/05-18) (Action Date: 
               2/28/05) (Action Date: 2/28/05)
               Fact Sheet (429K)
							 
  
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY

29)   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.
               (PASSED, 7-0; #18496)
  
30)  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) (ADOPTED, 
               7-0; A-83202)
               Fact Sheet (37K)
               Attachment (749K)
							 
31)  05-8      Street Name Change 04010 - Renaming NW 47th Street
               as NW 47th Court, generally located at NW 47th
               Street and West Thatcher Lane. (PASSED, 7-0; 
               #18497)
               Fact Sheet (548K)
							 
32)  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. (1/31/05 -
               Action Delayed to 2/7/05) (ADOPTED, 7-0; A-83203)
               Fact Sheet (64K)
               Attachment (495K)
							 
33)  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. (1/31/05 - Action
               Delayed to 2/7/05) (ADOPTED 7-0; A-83204)
               Fact Sheet (62K)
               Attachment (525K)
							 

PENDING LIST - DATE CERTAIN

34)   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)
    
35)  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)
							 
36)  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)
							   
37)  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)
							  
38)  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)
							 
39)  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)
							  
40)  04R-273M   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)
							 
41)  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)
							 
42)  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 14, 2005 AT 1:30 P.M.:
                                               (APPROVED, 7-0)

43)  05R-28    Accepting the report of new and pending claims 
               against the City and approving disposition of 
               claims set forth therein for the period of 
               January 16 - 31, 2005.
               Fact Sheet (13K)
               Attachment (31K)
				
44)  05R-29    Application of Capital Humane Society for a waiver
               of Lincoln Municipal Code Chapter 2.81 Living Wage
               Ordinance.
               Attachment (657K)
               Fact Sheet (38K)
							 
45)  05R-33    Use Permit 04006 - Application of Southview Inc.
               and Highlands East Limited Partnership for 18
               dwelling units and approximately 11,800 sq. ft. of
               office floor area, with requested waivers of the
               required rear and side yard setbacks, the required
               frontage, lot depth-to-width ratio, to allow
               sanitary sewer to flow opposite street grade,
               location of the water and sewer mains, and the
               preliminary plat process, on property generally
               located southwest of Barons Road and N.W. 1st
               Street.
               Fact Sheet (406K)
							 
46) 05R-34     Authorizing the Mayor to execute a multi-year 
               contract when funding appropriations come from 
               more than one fiscal year C.I.P. for Yankee Hill                                                              
               Road from South 27th Street to 40th Street, (City
               Project No. 701596) and the intersection of
               South 27th Street and Yankee Hill Road. (City                                                             
               Project No. 701662)
               Attachment (134K)							 
               Fact Sheet (60K)

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).
    
      
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  3:05 P.M.

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