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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 14, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING
THE WEEK OF FEBRUARY 21ST DUE TO PRESIDENTS' DAY HOLIDAY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of KKR Enterprises, Inc. dba
Lancaster's to expand its Class C liquor
license by the addition of a beer garden
area measuring 28' by 18' to the north
on property generally located at 3800
Old Cheney Road, Suite 105.
(PUBLIC HEARING & ACTION DELAYED TO 3/7/05, 7-0)
2) Application of D.O & J.O Inc. dba O'Rourke's
Tavern to expand its Class C liquor license by an
addition of a beer garden area measuring 20' by
23' to the north on property generally located at
1329 O Street.
(PUBLIC HEARING & ACTION DELAYED TO 2/28/05, 7-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 3 THRU 8 HAD
2ND READING; SEE ITEMS 7 & 8)
3) 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)
4) 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)
5) 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)
6) 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)
7) 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) (Request 2nd &
3rd Readings 2/14/05)
Fact Sheet (208K)
(WAIVED RULES TO HAVE 3RD READING & ACTION ON
THIS DATE, 6-1; COOK DISSENTING; PASSED, 7-0; #18498)
8) 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)
(Request 2nd & 3rd Readings 2/14/05)
Fact Sheet (429K)
(WAIVED RULES TO HAVE 3RD READING & ACTION ON THIS
DATE, 6-1; COOK DISSENTING; ADOPTED, 7-0; A-83205)
PUBLIC HEARING - RESOLUTIONS
9) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83206)
10) 05R-29 Application of Capital Humane Society for a waiver
of Lincoln Municipal Code Chapter 2.81 Living Wage
Ordinance.
Fact Sheet (38K)
Attachment (657K)
(PLACED ON PENDING WITH NO DATE CERTAIN, 4-3; CAMP,
FRIENDT, SVOBODA DISSENTING)
11) 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)
(ADOPTED, 7-0; A-83207)
12) 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)
(ADOPTED, 7-0; A-83208)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
13) Setting the Hearing Date of Monday, February
28, 2005 at 5:30 p.m. for the App. of Risky
Inc dba Risky's Sports Bar and Grill to
expand the presently licensed premises by the
addition of an outdoor area measuring
approximately 19 feet by 20 feet adjacent to
the property at 4680 Leighton Avenue.
(ADOPTED, 7-0; A-83209)
14) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances
& Resolutions passed by Council on February 7, 2005.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
15) Investment of Funds from January 24 thru February 4, 2005.
(ADOPTED, 7-0; A-83210)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 16 THRU 19 HAD 1ST READING)
16) 05-19 Authorizing and providing for the issuance of General
Obligation Storm Sewer Refunding Bonds in an amount
not exceeding $7,000,000.00.
17) 05-20 Adopting the supplements to the Lincoln
Municipal Code dated June, 2004 and December
2004 as part of the official Lincoln Municipal Code.
Fact Sheet (16K)
18) 05-21 Amending Chapter 2.24 of the Lincoln Municipal Code
to add a new section numbered 2.24.090 authorizing
the Law Department and Risk Management to investigate
all claims filed against the City and to adjust,
compromise and settle all claims wherein the
payment to any individual is not in excess of $25,000.00.
Fact Sheet (61K)
19) 05-22 Change of Zone 05001 - Application of Guy Lammle for
a change of zone from AG Agricultural to R-3 Residential
on property generally located at Lammle Circle and
Gleneagle Court.
Fact Sheet (195K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
20) 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)
(LOST, 3-4; CAMP, FRIENDT, SVOBODA ASSENTING; #38-4497)
21) 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.
(PASSED, 7-0; #18499)
22) 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)
(DELAYED TWO WEEKS TO 2/28/05, 6-1; SVOBODA DISSENTING)
23) 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)
(PASSED, 7-0; #18500)
24) 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)
(PASSED, 7-0; #18501)
25) 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)
(AMENDMENT #1 ADOPTED, 7-0; AMENDMENT #2 ADOPTED, 7-0;
AMENDMENT #3 ADOPTED, 7-0; PASSED AS AMENDED, 7-0; #18502)
26) 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)
(PASSED, 7-0; #18503)
27) 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)
(SUB. AGRMT ACCEPTED, 7-0; AMENDED, 7-0; ADOPTED
AS AMENDED, 7-0; A-83211)
28) 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)
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18504)
29) MAYOR'S VETO OF RESOLUTION NO. A-83183 - Appeal of 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.
(MOTION TO OVERRIDE VETO LOST, 4-3; COOK, MCROY,
WERNER, DISSENTING)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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 28, 2005 AT 5:30 P.M.:
(APPROVED, 7-0)
38) 05R-35 Approving a resolution directing the
submission of a proposed General Obligation
Bond Issue not to exceed $9,950,000.00 for
construction of improvements to the City's
storm sewer and drainage system at the
general election to be held May 3, 2005.
39) 05R-41 Reappointing Patricia A. Owen to the Government
Access and Information Committee for a one-year
term expiring January 1, 2006.
40) 05R-42 Appointing Michelle Zulhke and Rita Dey to the
Government Access and Information Committee for
one-year terms expiring January 1, 2006.
41) 05R-36 Approving appropriations in the amount of $58,600
from the operation of Keno lottery funds for
various human services.
Attachment (131K)
42) 05R-43 Approving an updated master plan for Woods Park.
Fact Sheet (62K)
Attachment (133K)
43) 05R-37 Authorizing the filing of applications with the
United States Department of Transportation for
financial assistance during Fiscal Year 2005 - 2006.
Fact Sheet (58K)
44) 05R-38 Approving an Agreement between the City and the
Nebraska Dept. of Roads for federal funding for
the Central Business District Safety Improvement
project, Count Down Pedestrian Head Project in the
Central Business District (State Project No. STPP-
5234(2) Control #12768, City No. 546012.
Fact Sheet (5691K)
Attachment (413K)
45) 05R-39 Special Permit 04073 - Application of St. Monica's
Home for authority to operate a 14,000 sq. ft.
health care facility for up to 24 residents,
consisting of inpatient and outpatient therapy,
counseling and rehabilitation services, on
property generally located at Wedgewood Drive and
Lakewood Drive, with requested waivers to the
required landscaping in the front and side yards
and to allow parking in the front yard.
Fact Sheet (266K)
46) 05R-40 Approving an amendment to the Antelope Valley
Redevelopment Plan for the East Downtown Hotel
Redevelopment Area including the acquisition,
demolition and redevelopment of property bounded
on the west by N. 17th Street, on the north by Q
Street, on the east by N. 18th Street, and on the
south by P Street.
Fact Sheet (419K)
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 (2/23/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (2/28/05).
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 4:10 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