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Formal Agenda/Action

 

            
    AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
          MONDAY, FEBRUARY 28, 2005 AT 5:30 P.M.
                            
                     ALL MEMBERS PRESENT              

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             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 ft. by 23 ft. to the north on property 
               generally located at 1329 O Street. 
               (2/14/05 - Public Hearing & Action Con't. 
               to 2/28/05) (ADOPTED FOR APPROVAL, 7-0; A-83212)

2)             Application of Risky Inc. dba Risky's Sports 
               Bar & Grill to expand its presently licensed 
               premise by the addition of an area measuring 
               19 ft. by 20 ft. to the west at 4680 Leighton 
               Avenue. (ADOPTED FOR APPROVAL, 7-0; A-83213)

3)             Manager application of Jolene Bartling for 
               Wal-Mart Stores, Inc. dba Wal-Mart Supercenter 
               #1943 at 4700 N. 27th Street. (ADOPTED FOR 
               APPROVAL, 7-0; A-83214)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 4 THRU 7 HAD 2ND READING)

4)   05-19     Authorizing and providing for the issuance of 
               General Obligation Storm Sewer Refunding Bonds 
               in an amount not exceeding $7,000,000.00.

5)   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)
							 
6)   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)
							 
7)   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)
							   

PUBLIC HEARING - RESOLUTIONS

8)   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. (ADOPTED, 7-0; A-83215)

9)   05R-41    Reappointing Patricia A. Owen to the Government
               Access and Information Committee for a one-year
               term expiring January 1, 2006. (ADOPTED, 7-0; 
               A-83216)

10)  05R-42    Appointing Michelle Zulhke and Rita Dey to the
               Government Access and Information Committee for
               one-year terms expiring January 1, 2006. 
               (ADOPTED, 7-0; A-83217)

11)  05R-36    Approving appropriations in the amount of $58,600
               from the operation of Keno lottery funds for
               various human services. (ADOPTED, 7-0; 
               A-83218)

12)  05R-43    Approving an updated master plan for Woods
               Park. (MTA #1, 7-0; ADOPTED AS AMENDED, 
               7-0; A-83219)(MTA #1) (6K)
               Fact Sheet (62K)
               Attachment (133K)
							
13)  05R-37    Authorizing the filing of applications with the
               United States Department of Transportation for
               financial assistance during Fiscal Year 2005 -
               2006. (ADOPTED, 7-0; A-83220)
               Fact Sheet (58K)
							  
14)  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. (ADOPTED, 
               7-0; A-83221)
               Fact Sheet (5691K)
               Attachment (413K)
							
15)  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. (ADOPTED, 
               7-0; A-83222)
               Fact Sheet (266K)
							 
16)  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. (MTA #1, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-83223)
               Fact Sheet (419K)
               Attachment (247K)
							 							 
17)            Setting the Interest Rate of 6.25% and Levying the
               Assessments on Special Assessment Group of the
               Board of Equalization held February 14, 2005, and
               accepting the Report on Board of Equalization to
               City Council on Special Assessments Group
               (Ornamental Lighting District 286) (ADOPTED, 
               7-0; A-83224)

                       - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS 

18)            Report of UNL Microbiologist for water testing for 
               the month of January, 2005. (PLACED ON FILE)

19)            THE FOLLOWING WERE REFERRED TO PLANNING DEPARTMENT:
               Change of Zone 04019 - Application
               submitted by Seacrest and Kalkowski, from AG
               Agricultural District to R-3 Residential 
               District, on property located at N. 98th 
               Street and Holdrege Street. 
               Change of Zone 04085 - Application
               submitted by Brian Carstens and Associates, 
               from R-2 Residential District to R-T
               Residential Transition District, on property
               located at SW 17th Street and West A
               Street. 
               Change of Zone 05005 - Application
               submitted by Wal-Mart Stores Inc, from AG 
               Agricultural District to B-2 Planned
               Neighborhood Business District, on property
               located at N. 84th Street and Adams
               Street. 
               Change of Zone 05006 - Application
               submitted by Olsson Associates, from AG 
               Agricultural District to AGR Agricultural
               Residential District, on property located 
               at SW 84th Street and W Pioneers Boulevard. 
               Change of Zone 05010 - Application
               submitted by Thompson Creek LLC, from R-3 
               Residential District to O-3 Office Park
               District, on property located at S. 56th
               Street and Thompson Creek Boulevard. 
               Special Permit 05003 - (Meadow View
               2nd Addition Community Unit Plan)
               Application submitted by Olsson Associates, 
               for approximately 57 residential acreage lots 
               with requests to waive block length, sidewalks, 
               street trees, street lights, landscape screening, 
               non-perpendicular lot lines, preliminary plat 
               for area within City jurisdiction, minimum 
               width to depth ratio, and sanitary sewer to 
               flow opposite street grades, on property 
               located at SW 84th Street and W Pioneers 
               Boulevard. 
               Special Permit 05005 - Application
               submitted by Robert Hall, for the       
               authority to sell alcoholic beverages for
               consumption off the premises, on property 
               located at 2700 "O" Street. 
               Use Permit 141A - Application submitted 
               by Thompson Creek LLC, an amendment to add 
               commercial area to lots being added to the 
               Use Permit, on property located at S.
               56th Street and Thompson Creek Boulevard. 
               Use Permit 04003 - Application submitted 
               by Olsson Associates, to waive the sign ordinance
               requiring on-premise ground signs for each free
               standing pad site, internal side yard setbacks,
               the preliminary plat process and front yard
               setback, on property located at NW 48th
               Street and West Huntington Avenue. 
               Use Permit 04008 - Application submitted 
               by Brian Carstens and Associates, for two
               office/medical buildings, with waiver requests to
               allow lots without frontage and access to a public
               street, on property located at SW 17th Street 
               and West A Street. 
               Use Permit 05001 - (Prairie Village
               Commercial Center) Application submitted by 
               Wal-Mart Stores Inc, for square foot commercial
               center, with requests to waive the preliminary
               plat process and street trees, on property located
               at N. 84th Street and Adams Street. 
               Use Permit 05002 - (Northwoods Office Park)
               Application submitted by Olsson Associates, 
               for a 10,000 square foot office building on 
               property located at N. 84th Street and Northwoods 
               Drive. 

20)            Setting the hearing date of March 14, 2005 at 
               1:30pm for Application of Whiskey Creek for an 
               addition to their licensed premise for an 
               outside area approximately 24 feet by 14 feet 
               in the southwest corner of the building
               located at 3000 Pine Lake Road. (ADOPTED, 
               7-0; A-83225)


21)    MISCELLANEOUS REFERRALS

               Approving the distribution of funds 
               representing interest earnings on short-term 
               investments of Idle Funds during the month 
               ended January, 2005. (ADOPTED, 7-0; A-83226)	
	

REPORTS OF CITY OFFICERS 

22)            Clerk's Letter and Mayor's Approval of 
               Resolutions and Ordinances passed by the 
               City Council on February 14, 2005. 
               (PLACED ON FILE)

23)            Report from City Treasurer of City Cash on 
               hand at the close of business January 31, 2005. 
               (PLACED ON FILE) 

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING & RESOLUTIONS (ITEMS 24 THRU 28 HAD 1ST READING)

24)  05-24     Annexation 04010 - Amending the Lincoln
               Corporate Limits Map by annexing 
               approximately 24.33 acres of property 
               generally located southeast of S.W. 40th 
               Street and West A Street. 
               (In connection w/ 05R-50, 05-25)
               Fact Sheet (408K)
							 
25)  05R-50    Approving an Annexation Agreement between 
               the City and Janet H. Broer and Erich H. Broer 
               outlining certain conditions and understandings 
               with regards to the annexation of approximately 
               24.33 acres of property generally located 
               southeast of S.W. 40th Street and West A Street. 
               (In connection w/ 05-24, 05-25)
               Attachment (29K)
							 
26)  05-25     Change of Zone 04070 - Application of Joey
               Hausmann for a change of zone from AGR
               Agricultural Residential District to R-3
               Residential District on property generally
               located southeast of S.W. 40th Street and
               West A Street. (In connection w/ 05-24,
               05R-50)
               Fact Sheet (420K)
							 
27)  05-26     Change of Zone 05003 - Amending Title 27 of
               the Lincoln Municipal Code by adding a
               section to Chapter 27.71, Additional Height
               and Area Regulations, to require that all
               outdoor lighting be designed, installed and
               maintained in accordance with all applicable
               lighting design standards adopted by the City
               Council. (In connection w/05R-51)
               Fact Sheet (323K)
							 
28) 05R-51     Miscellaneous  05001 - Amending the City of
               Lincoln Design Standards by adding a new
               chapter under Title 3 entitled Outdoor
               Lighting relating to light trespass from 
               non-residential uses upon residential 
               uses. (In connection w/05-26)
               Fact Sheet (323K)							 
               Attachment (9K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY

29)  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". (2/14/05 - Action Delayed to 
               2/28/05) (PASSED, 7-0; #18505)
               Fact Sheet (65K)
							 
30) 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) (PASSED, 7-0; #18506)
               Fact Sheet (171K)
							 
31)  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) (ADOPTED, 7-0; A-83227)
               Attachment (39K)
							 
32)  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) 
               (PASSED, 7-0; #18507)
               Fact Sheet (189K)
							 
33)  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) (ADOPTED, 
               7-0; A-83228)
               Fact Sheet (296K)
							 

RECONSIDERATION OF RESOLUTION NO. A-83206

34)            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. Specifically, the
               claim of John Beecham. (MOTION TO RECONSIDER, 
               7-0; RE-ADOPTED AS AMENDED TO ALLOW CLAIM OF 
               JOHN BEECHAM, 7-0; A-83206)


PENDING LIST - DATE CERTAIN - NONE

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)
							 
38a) 02-114    Amending Chapter 2.54 of the Lincoln Municipal 
               Code by adding a new section entitled 
               "Standards of Ethical Conduct for Employees 
               and Elected Officials" to supplement the 
               existing conflicts of interest regulations. 
               (7/29/02 - Placed on Pending until a committee 
               is formed)
               Fact Sheet (3K)
							 
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-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 on
               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) 
							 
43)  05R-29    Application of Capital Humane Society for a waiver
               of Lincoln Municipal Code Chapter 2.81 Living Wage
               Ordinance. (2/14/05 - Pending, No Date Certain)
               Fact Sheet (38K)							 
               Attachment (657K)
							 

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MARCH 7, 2005 AT 1:30 P.M.:
                                           (APPROVED, 7-0)

44)  05R-44    Reappointing Barbara A. Ramsey and Jeri L. Brandt 
               to the Lincoln-Lancaster Women's Commission for 
               two-year terms expiring January 1, 2007 and 
               March 1, 2007, respectively.

45)  05R-49    Appointing Marcia Louise Malone, Lori Vidlak, and
               Leslie K. Doyle to the Lincoln-Lancaster Women's
               Commission for terms expiring March 1, 2006, March
               1, 2006, and January 1, 2007, respectively.
               Attachment (144K)
							 
46)  05R-48    Reappointing Robert Ripley and Bruce Helwig to the
               Historic Preservation Commission for a three-year
               term expiring April 15, 2008.

47)  05R-45    Approving a transfer of appropriations in the
               amount of $25,000.00 from Contingency,
               Miscellaneous Other Services and Charges, Account
               18001.5989 to General Expense, Miscellaneous Other
               Services and Charges, Account 18002.5989 for the
               payment of one-half of the amount due to the State
               Fair by April 1, 2005.
               Fact Sheet (37K)
							 
48)  05R-46    Approving a lease Agreement between the Lincoln-
               Lancaster County Health Department and the
               American National Red Cross for the lease of space
               from the Red Cross for storage of the Hazmat
               Vehicle for a period from January 1, 2005 through
               December 31, 2005.
               Fact Sheet (59K)
               Attachment (309K)
							 							 
49)  05R-47    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of 
               February 1 - 15, 2005.
               Fact Sheet (13K)							 
               Attachment (33K)
							 
50)  05R-52    Waiver 05001 - Application of LICOR, Inc. to waive
               the requirement for the installation of sidewalks
               along Progressive Avenue and to waive the
               requirement for the installation of street trees
               along N. 48th Street, generally located at the
               southwest corner of N. 48th Street and Superior
               Street.
               Fact Sheet (235K)
							 
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 (3/2/05) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (3/7/05).
     
     
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 MARCH WILL BE THE 14TH AND 28TH.


ADJOURNMENT 2:07 A.M.


                               ***
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      which is broadcast live at 1:30 p.m. every Monday and
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                  on 5 City-TV, Cable Channel 5.
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 Internet at:            lincoln.ne.gov
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