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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JANUARY 23, 2006 AT 1:30 P.M. MAYOR'S AWARD OF EXCELLENCE FOR DECEMBER- DEANNA NATHAN OF THE POLICE DEPARTMENT IN THE CATEGORY OF VALOR. ALL MEMBERS PRESENT PUBLIC HEARING LIQUOR RESOLUTIONS - NONE PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 1 THRU 7 HAD 2ND READING; SEE ITEMS 5, 6 & 7) 1) 06-1 Amending Ordinance No. 18493, passed by the City Council on January 31, 2005, to correct the legal description for the vacation of North 44th Street to move the beginning point for the vacation of Walker Avenue 50 feet east of the east line of N. 43rd Street in order to retain access to Walker Avenue for Lots 6 and 7, Block 43, Pitcher & Baldwins 2nd Addition to University Place. Fact Sheet (26K) 2) 06-3 Change of Zone 05042 - Application of Ridge Development Company for a change of zone from O-3 Office Park District to B-2 Planned Neighborhood Business District on property generally located at S. 14th Street and Pine Lake Road. (Related Items: 06-3, 06R-8) Fact Sheet (286K) 3) 06R-8 Use Permit 89C - Application of Ridge Development Company to develop 183,980 sq. ft. of retail, restaurant, bank and office uses, with adjustments to the required yard setbacks and to allow lots without frontage to a public street or private roadway, on property generally located at South 14th Street and Pine Lake Road. (Related Items: 06-3, 06R-8) (Action Date: 1/30/06) Fact Sheet (682K) 4) 06-4 Street Name Change 05009 - Renaming Wildrye Drive as Wildrye Road in Fallbrook 12th Addition. Fact Sheet (43K) 5) 06-5 Change of Zone 04066 - Amending Title 27 of the Lincoln Municipal Code relating to Zoning by amending Sections 27.26.080, 27.31.090, 27.37.060, 27.39.070, 27.41.080, 27.43.080, 27.45.070, 27.47.070, 27.49.080, and 27.51.090 to reduce the required front yard in the B-2, B-5, H-1, H-2, H- 3, H-4, I-2, and I-3 zoning districts to 20 feet, and to provide in the O-2, B-2, B-5, H-4, I-1, I- 2, and I-3 districts that any driveways which intersect the front yard shall be perpendicular to the street; by amending Section 27.67.030 to eliminate parking in the front yard in the I-2 zoning district; and by amending Sections 27.29.080, 27.33.080, 27.39.070, 27.41.080, and 27.43.080 to require a six-foot landscape strip on each side of a lot abutting a public street or private roadway in the B-1, B-3, H-1, H-2, and H-3 zoning districts; by amending Section 27.71.030 to eliminate driveways in the front and side yards when used to provide access to gasoline pump islands, to eliminate driveways in front and side yards in the B-1, H-1, H-2, or H-3 zoning districts, and to eliminate vehicle stacking for drive-in facilities within the required side yard; by repealing Section 27.71.035 to eliminate gasoline pumps in the front yard; by adding new Sections numbered 27.26.065, 27.27.055, 27.28.065, 27.29.065, 27.31.075, 27.33.065, 27.37.045, 27.39.055, 27.41.065, 27.43.065, 27.45.055, 27.47.055, 27.49.065, and 27.51.075 to add pedestrian circulation regulations in the O-2, O- 3, R-T, B-1, B-2, B-3, B-5, H-1, H-2, H-3, H-4, I- 1, I-2, and I-3 zoning districts, respectively; by amending Sections 27.63.080 and 27.63.200 to require health care facilities and clubs to construct on-site pedestrian circulation sidewalk systems; amending Section 27.81.010 to clarify that no building shall be erected, enlarged or reconstructed nor shall any structure or land be used except in conformance with the Design Standards for Zoning Regulations and to govern pedestrian circulation. (Related Items: 06-5, 06R-9, 06-6)(2ND READING CONT'D W/PUBLIC HEARING TO 2/27/06, 7-0) Fact Sheet (1504K) 6) 06R-9 Misc. 04015 - Amending the City of Lincoln Design Standards Chapter 1.00 Request for Waiver Procedure, to revise Section 1 to only require that improvements substantially conform to Design Standards, to revise Section 2 to allow the Planning Director to approve requests for waivers from the Design Standards, by adding a new Section 2.1.1 to provide for an appeal to the Planning Commission from action of the Planning Director approving or denying a request for waiver from Design Standards, to revise Section 2.1.2 to provide for an appeal to the City Council from action of the Planning Commission approving or denying a request for waiver of the Design Standards, by repealing Section 2.2 in its entirety; amending Chapter 3.45 - Design Standards for Parking Lots, to revise Section 3.6 to provide that parking lots shall be screened in accordance with Section 7.1 of Chapter 3.50 of the City of Lincoln Design Standards; amending Chapter 3.50 - Design Standards for Screening and Landscaping to revise Section 3 to require the landscape plan to include the mature height and spread of plant material and its size at planting, to delete the provision regarding the opacity of the screen, and to delete the provision that no screening is required if the distance between the lot line and the building is less than five feet; to revise Section 4 to modify the screening of salvage yards and scrap processing operations and to require the installation of plant materials to be by a certified landscape contractor; to revise Section 7.1 to amend the title to include driving aisles, to delete the provision allowing reduction of screening requirements for parking lots which are set back from the lot line to exclude driveway throats and driveway curb cuts from the required screen, to eliminate the provision allowing the design spread of deciduous trees to be used for a portion of the required screen, to require the parking lot adjacent to a public street to be screened at least 90% rather than 60%, and to eliminate provisions requiring the planting of a deciduous tree when there is less than five feet between the parking lot and the street; to add landscape requirements for parking lots which exceed 6,000 square feet of paved area; to revise Section 7.3 to amend the title to make it not applicable to community unit plans and to make it applicable to use permits; to revise Section 7.4 to make it applicable only to major streets rather than all public streets, to increase the screen from 50% to 60% and to require the screen to go to 10 feet above the surface elevation rather than 6 feet, and to provide that fences used for a screen, they must be used in conjunction with plants; to revise Section 7.5 to also make its provisions apply to the H-1 and I-3 Zoning Districts; to revise Section 7.6 to reduce the number of required trees; to add a new Section 7.11 to require screening for refuse areas, recycling bins, open storage, loading areas, and ground-level mechanical equipment and to provide a screening standard; to revise Section 8 to require a guarantee for the installation of landscaping if not installed by the time of the final building inspection; and to delete the provision allowing the planning director to make administrative adjustments; amending Title 4, Miscellaneous Design Standards, to add a new Chapter 4.20 entitled "Design Standards for Landscaping, Streetscapes, Medians, Boulevards, Roundabout, and Major Streets" to provide standards relating to such landscaping including general provisions, landscaping plan requirements, site preparation, plant selection and placement, planting, approved tree list for non-paved planting strips, medians, cul-de-sac circles, roundabouts, boulevards, and major streets, tree characteristics, and shrub characteristics. (Related Items: 06-5, 06R-9, 06-6) (Action Date: 1/30/06) (2ND READING CONT'D W/PUBLIC HEARING TO 2/27/06, 7-0) Fact Sheet (920K) Attachment (1277K) 7) 06-6 Misc. 05007 - Amending Title 26 of the Lincoln Municipal Code relating to the Land Subdivision Ordinance by amending Section 26.23.040 to modify the minimum right-of-way width for major streets and to provide typical cross-section figures for streets having a width 120 feet and 130 feet and by amending Section 26.27.090 to provide that trees shall be planted in the public right-of-way along major streets which have a minimum of 120 feet of right-of-way. (Related Items: 06-5, 06R-9, 06-6)(2ND READING CONT'D W/PUBLIC HEARING TO 2/27/06, 7-0) Fact Sheet (911K) PUBLIC HEARING - RESOLUTIONS 8) 06R-6 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of December 1 - 31, 2005. (ACTION DELAYED ON CLAIMS OF WEHR & COLBURN FOR 1 WK. TO 1/30/06, 7-0; REMAINING CLAIMS ADOPTED AS RECOMMENDED, 7-0; A-83709) Fact Sheet (13K) Attachment (24K) 9) 06R-1 Approving the transfer of Railroad Transportation Safety District funding in its 2005-06 budget year, for the implementation process for the Antelope Valley Project - Phase 1, the "Amended Draft Single Package." (ADOPTED, 7-0; A-83710) Fact Sheet (48K) Attachment (88K) 10) 06R-2 Approving the transfer of Railroad Transportation Safety District funding in its 2005-06 budget year, for the Harris Overpass on O Street. (ADOPTED, 7-0; A-83711) Fact Sheet (36K) Attachment (86K) 11) 06R-3 Accepting the donation of a sculpture, 06R-3S "Listen" from the Lincoln Haymarket (Substitute) Development Corporation, for placement on public property at the entrance to the Haymarket Pedestrian bridge on 8th Street. (SUBSTITUTE RESOLUTION ACCEPTED, 6-1; MCROY DISSENTING; ADOPTED, 6-1; MCROY DISSENTING; A-83712) Fact Sheet (91K) Attachment (1624K) 12) 06R-5 Approving a Lincoln Electric System 4.5 06R-5S percent increase in electric rates and (Substitute) implementation of a power cost adjustment, both to be effective with billing statements rendered on and after February 1, 2006. (SUBSTITUTE RESOLUTION ACCEPTED, 7-0; MOTION TO AMEND #1 ADOPTED, 6-1; CAMP DISSENTING; PUBLIC HEARING & ACTION CONT'D TO 2/6/06, 7-0) Fact Sheet (47K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 13) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.: Change of Zone No. 05075 - App. of MDB, Inc. for a change from R-2 Residential District to O-2 suburban Office District, on property located at N. 42nd Street and Vine Street. Change of Zone No. 06001 - App. of Dubois, L.L.C. for a change from AG Agricultural District to R-3 Residential District, on property located at 84th Street and Highway 2. Change of Zone No. 06002 - App. of ESP, Inc., on behalf of John Zakavec, for a change from AG Agricultural District to H-3 Highway Commercial District, on property located at NW 48th Street and Highway 34. Special Permit No. 06001 - App. of Dubois, LLC for approximately 185 single family units, 84 townhouse lots, and 6 outlots, with waiver requests to allow sanitary sewer to run opposite of street grade, to allow double frontage lots, to allow block lengths to exceed 1,320', not provide a pedestrian easement, to allow townhouses and multi-family as an approved use in the R-3 Residential District zone, minimum lot width, and allow a permanent dead-end street to have a hammerhead turnaround, on property at South 84th Street and Highway 2. 14) Setting the hearing date of Monday, February 6, 2006 at 1:30 p.m. for the Manager App. of Nolan Classen of M & R Ventures, LLC, dba Bennigan's Restaurant at 8701 Andermatt Drive. (ADOPTED, 7-0; A-83713) 15) Setting the hearing date of Monday, February 6, 2006 at 1:30 p.m. for the App. of Big Sal's, Inc. dba Big Sal's for a Class C Liquor License at 838 N. 27th Street. (ADOPTED, 7-0; A-83714) 16) Report of UNL Microbiologist for water testing for the month of December, 2005. (PLACED ON FILE) 17) MISCELLANEOUS REFERRALS - NONE REPORTS OF CITY OFFICERS 18) Clerk's Letter and Mayor's Approval of Ordinances & Resolutions passed by Council on January 9, 2006. (PLACED ON FILE) 19) 06R-7 Reappointing Steve Masters to the District Energy Corporation for a two-year term expiring December 31, 2007. (ADOPTED, 7-0; A-83715) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING (ITEMS 20 THRU 22 HAD 1ST READING) 20) 06-7 Change of Zone 05083 - Application of the Nebraska School of Gymnastics South, Inc. for a change of zone from R-3 Residential to O-3 Office Park on property generally located at 7545 Pioneers Blvd. Fact Sheet (188K) 21) 06-8 Approving a one-year lease Agreement between the City and First United Methodist Church/Lincoln for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center program at 2723 N. 50th Street. Fact Sheet (53K) Attachment (59K) 22) 06-9 Approving a one-year lease Agreement between the City and St. James United Methodist Church for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center program at 2400 S. 11th Street. Fact Sheet (53K) Attachment (58K) ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION 23) 05-186 Approving a one-year lease Agreement between the City and the Hickman Presbyterian Church for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center program at 300 E. 3rd Street, Hickman, NE. (PASSED, 7-0; #18665) Fact Sheet (58K) Attachment (103K) 24) 05-187 Street Name Change 05008 - Renaming West Pemberly Lane located north from Highland Boulevard in Baron's Ridge Addition as Northwest Pemberly Lane. (PASSED, 7-0; #18666) Fact Sheet (133K) 25) 05-189 Street Vacation 05011 - Vacating thewesteast seven (7) feet of 23rd Street between Vine and U Streets.(AMENDMENT #1 PASSED, 7-0; PASSED, 7-0; #18667) Fact Sheet (224K) PENDING LIST - DATE CERTAIN - NONE 26) 05-165A Change of Zone 05054A - Application of Prairie Home Builders for a change of zone from AG to R-3 PUD located north of Adams Street; a change of zone from AG to B-2 PUD and O-3 PUD located south of Adams Street; and the requested approval of the Development Plan for the Prairie Village North Planned Unit Development on property located generally at N 84th and Adams Street. (Related Items: 05-164, 05R-262, 05-165) (11/7/05 - P.H. con't. 3 wks. to 11/28/05) (Action Delayed 2 wks to 12/12/05) (12/12/05 - Action Delayed 1 wk to 12/19/05) (12/19/05 - Action Delayed 3 wks. to 1/9/06) (12/19/05 - Bill No. 05-165 amended to be split into 2 ordinances) (1/9/06 - Action delayed 4 wks. to 2/6/06 & items to be re-ordered on the agenda as follows: 05-165A, 05-165B, 05R- 262, 05-164) Fact Sheet (815K) Attachment (2378K) 27) 05-165B Change of Zone 05054B - Application of Prairie Home Builders for a change of zone from AG to R-5 PUD located north of Adams Street; and a change of zone from AG to B-2 PUD and O-3 PUD located north of Adams Street; and the requested approval of the Development Plan for the Prairie Village Center Planned Unit Development on property located generally at N 84th and Adams Street. (Related Items: 05-164, 05R-262, 05-165) (11/7/05 - P.H. con't. 3 wks. to 11/28/05) (Action Delayed 2 wks to 12/12/05) (12/12/05 - Action Delayed 1 wk to 12/19/05) (12/19/05 - Action Delayed 3 wks. to 1/9/06) (12/19/05 - Bill No. 05-165 amended to be split into 2 ordinances) (1/9/06 - Action delayed 4 wks. to 2/6/06 & items to be re- ordered on the agenda as follows: 05-165A, 05- 165B, 05R-262, 05-164) 28) 05R-262 Approving the Prairie Village North Conditional Annexation and Zoning Agreement between the City and Dubois Land LLC, Prairie Village North LLC, Prairie Home Builders Inc., Roland Group LLC, and Faith Evangelical Lutheran Church, relating to the annexation of approximately 149.09 acres, generally located at the northeast corner of N. 84th Street and Adams Street and the use of said 149.09 acres along with approximately 23 acres located at the southeast corner of N. 84th Street and Adams Street under a Planned Unit Development. (Related Items: 05-164, 05R-262, 05-165) (11/7/05 - P.H. con't. 3 wks. to 11/28/05) (Action Delayed 2 wks to 12/12/05) (12/12/05 - Action Delayed 1 wk to 12/19/05) (12/19/05 - Action Delayed 3 wks. to 1/9/06) (1/9/06 - Action delayed 4 wks. to 2/6/06 & items to be re-ordered on the agenda as follows: 05-165A, 05-165B, 05R-262, 05-164) Attachment (46K) 29) 05-164 Annexation 05013 - Amending the Lincoln Corporate Limits Map by annexing approximately 149.09 acres of property generally located at North 84th Street and Adams Street. (Related Items: 05-164, 05R- 262, 05-165) (11/7/05 - P.H. con't. 3 wks. to 11/28/05) (Action Delayed 2 wks to 12/12/05) (12/12/05 - Action Delayed 1 wk to 12/19/05) (12/19/05 - Action Delayed 3 wks. to 1/9/06) (1/9/06 - Action delayed 4 wks. to 2/6/06 & items to be re-ordered on the agenda as follows: 05-165A, 05-165B, 05R-262, 05-164) Fact Sheet (472K) PENDING LIST (EXTENDED ONE WEEK) 30) 01-39 Vacating the south 40' of X St. adjacent to Lot 1, Block 6, North Lincoln Add., generally located at N. 9th & X Its. (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 (1194K) 31) 02-31 Vacating a 5' x 30'6" portion of N. 7th St. adjacent to the south 37' of Lot 9, Block 32, Original Plat of Lincoln, generally located at N. 7th & P Its. (3/18/02 - Public Hearing Contd. 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) 32) 02-114 Amending Chapter 2.54 of the Lincoln Municipal Code by adding a new section entitled "Standards of Ethical Conduct for Employees & Elected Officials" to supplement the existing conflicts of interest regulations. (7/29/02 - Placed on Pending until a committee is formed) Fact Sheet (3K) 33) 04-188 Annexation 03001 - Amending the Lincoln Corporate Limits Map by annexing approx. 214 acres of property generally located at N. 56th St. & Arbor Rd. (In connection 04R-273, 04-189, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Fact Sheet (237K) 34) 04R-273 Approving the North Bank Junction Annexation & Zoning Agreement between the City and Roger & Eldonna Schwisow and Hartland Homes, Inc. relating to the annexation of approx. 214 acres on property generally located at N. 56th St. & Arbor Rd. (In connection w/04-188, 04-189, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Attachment (527K) 35) 04-189 Change of Zone 3398 - Application of Hartland Homes, Inc., Rodger & Eldonna Schwisow for a change from AG Agricultural to R-3 Residential for approx. 123 acres & H-4 General Commercial for approx. 21 acres on property generally located at N. 56th St. & Arbor Rd. (In connection w/04-188, 04R-273, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Fact Sheet (217K) 36) 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 & side yard setback requirements on property located at N. 56th St. & Arbor Rd. (In connection w/04-188, 04R-273, 04R-189, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Fact Sheet (535K) 37) 05R-29 Application of Capital Humane Society for a waiver of Lincoln Municipal Code Chapter 2.81 Living Wage Ordinance. (2/14/05 - Placed on Pending, No Date Certain) Fact Sheet (38K) Attachment (657K) 38) 05-107 Amending the pay schedule for the employee group whose classifications are assigned to the pay range prefixed by the letter M to adjust the schedules of annual, monthly, biweekly & hourly pay range equivalents. (8/8/05 - Action Delayed 2 wks. to 8/22/05) (8/22/05 - Placed on Pending, No Date Certain) Fact Sheet (137K) Attachment (127K) 39) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025 Lincoln/Lancaster County Comprehensive Plan by changing approximately 14 acres of Public/Semi- Public and Green Space to Commercial use, on property generally located at the southeast corner of N. 84th Street and Havelock Ave. (Related Items: 05R-301, 05R-302)(12/19/05 - Placed on Pending Indefinitely) Fact Sheet (676K) 40) 05R-302 Approving a memorandum of Understanding between the City and the Lancaster County Agricultural Society associated with the Society's request for a comprehensive plan amendment designating approximately 14.4 acres generally located on the southeast corner of 84th Street and Havelock Avenue as commercial. (Related Items: 05R-301, 05R-302) (12/19/05 - Placed on Pending Indefinitely) Fact Sheet (56K) Attachment (394K) 41) 05-188 Change of Zone 3413 - Application of Landon's Neighborhood Association for a change of zone from R-4 Residential to R-2 Residential on property generally located at North 24th and Superior Streets. (12/19/05 - Placed on Pending Indefinitely) Fact Sheet (1465K) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, JANUARY 30, 2006 AT 5:30 P.M.: (APPROVED, 7-0) 42) 06R-13 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of January 1 - 15, 2006. Fact Sheet (13K) Attachment (20K) 43) 06R-12 Approving the Lincoln- Lancaster County Health Department Expansion parking and Access Agreement between the Lincoln- Lancaster County Public Building Commission and B&J Partnership for conveyance of property for a driveway entrance and deceleration lane and the maintenance of the parking lot adjoining the Health Department facility generally located at S. 31st and O Streets. Attachment (14K) 44) 06R-14 Authorizing the use of the public right-of-way for installation of three 3/4" underground conduits in Custer Street between N. 70th Street and Cotner Blvd. Fact Sheet (176K) Attachment (68K) 45) 06R-15 Appointing Shanna Belschner and Dwight Brown to the Citizen Police Advisory Board for three-year terms expiring November 17, 2008. Attachment (45K) 46) 06R-16 Appointing Brian Stevenson to the Government Access and Information Committee for a two-year term expiring January 1, 2008. Attachment (24K) 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 (1/25/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 1/30/06. 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. OPEN MICROPHONE SESSIONS FOR JANUARY ARE THE 9TH AND 30TH. ADJOURNMENT 6:40 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 ***