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City of Lincoln City Council Office 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.
***
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