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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. 





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