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City of Lincoln City Council Office 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.
***
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