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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 24, 2005, AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Jerry and Sandy Irwin dba Foxy Lady to
expand the beer garden at its presently licensed
premises by the addition of an outside area measuring
approximately 15 feet by 20 feet to the south for a
total description being the entire first floor of the
building 24 feet by 92 feet plus the beer garden to the
south measuring 32 feet by 20 feet, at 1823 O Street.
(ADOPTED FOR APPROVAL, 6-0; MCROY ABSENT; A-83158)
2) Application of Geemax, Inc. dba The N-Zone to expand
its licensed premises by the addition of an outside
area measuring approximately 11 feet by 9 feet to the
north at 728 Q Street. (PLACED ON PENDING FOR ONE
WEEK W/PUBLIC HEARING, 7-0)
3) Application of Carpcorp dba Libations, Too to expand
its licensed premises by the addition of an outside
area measuring approximately 10 feet by 27 feet to the
west at 5310 S. 56th Street, Suite 1.
(ADOPTED FOR APPROVAL, 7-0; A-83159)
4) Application of Lincoln NE Lodging, LLC dba Beacon Hills
for a Class I liquor license at 5353 N. 27th Street.
(ADOPTED FOR APPROVAL, 7-0; A-83160)
5) Manager application of Carole L. Regan for Lincoln NE
Lodging, LLC dba Beacon Hills at 5353 N. 27th Street.
(ADOPTED FOR APPROVAL, 7-0; A-83161)
6) Application of Hy Vee Inc. dba Hy Vee #5 for a Class C
liquor license at 7151 Stacy Lane.
(ADOPTED FOR APPROVAL, 7-0; A-83162)
7) Manager application of Scott A. Schlatter for Hy Vee
Inc. dba Hy Vee #5 at 7151 Stacy Lane.
(ADOPTED FOR APPROVAL, 7-0; A-83163)
8) Application of Gas 'N Shop, Inc. dba Gas 'N Shop #81
for a Class D liquor license at 600 West O Street.
(ADOPTED AS AMENDED FOR APPROVAL,7-0; A-83164)
9) Manager application of Connie L. Hynek for Gas 'N Shop,
Inc. dba Gas 'N Shop #81 at 600 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-83165)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 10 THRU 17 HAD 2ND READING)
10) 05-1 Change of Zone 04078HP - Application of the
Rape/Spouse Abuse Crisis Center to designate the
Lally House at 2541 N Street as a landmark.
(In connection w/05R-4)
Fact Sheet (316K)
Attachment (39K)
11) 05R-4 Special Permit 04062 - Application of the
Rape/Spouse Abuse Crisis Center to operate a
crisis center in a landmark located at 2541 N
Street. (In connection w/05-1) (Action
Date: 1/31/05)
Fact Sheet (407K)
12) 05-2 Application of One Vista LLC to assign the address
of "One Talent Plus Way" to its Talent Plus
building generally located at 65th Street and
Pioneers Blvd.
Fact Sheet (148K)
13) 05-3 Change of Zone 04076HP - Application of Pages LLC
to designate the Zimmer Grocery Store at 1941-1943
K Street as a landmark. (In connection w/05R-6)
Fact Sheet (299K)
Attachment (50K)
14) 05R-6 Special Permit 04063 - Application of Pages
LLC to operate an office and a residence in a
landmark located at 1941 - 1943 K Street.
(In connection w/05-3) (Action
Date: 1/31/05)
Fact Sheet (423K)
15) 05-5 Misc. 04004 - Application of the University of
Nebraska Board of Regents to vacate portions of
several plats located within the UNL East Campus,
including vacation of public rights-of-way,
generally located at North 40th Street and
Leighton Ave.
Fact Sheet (164K)
16) 05-6 Approving a Lease Agreement between the City and
Cedars Youth Services to operate a child care
facility located in Center Park Garage at 12th and
N Streets for a 10-year term commencing October, 2003.
Fact Sheet (54K)
Attachment (2209K)
17) 05-7 Amending Section 2.18.035 of the Lincoln Municipal
Code, relating to bid protests of awards made by
the City for purchases where bids are required, to
revise the time frame under which bidders may
protest to better clarify when the opportunity
begins and ends, to revise the filing fee to
better reflect the City's costs in undertaking the
protest effort, and to clarify the abilities of
the City to proceed with or suspend purchases
during the time of a protest.
Fact Sheet (46K)
PUBLIC HEARING - RESOLUTIONS
18) 05R-1 Approving a contract involving the
expenditures of money from appropriations of
more than one year for a wastewater project
that provides for the construction of the
North 31st Street Liftstation Forcemain
Outfall Improvements Project for the Lincoln
Wastewater System.
Fact Sheet (58K)
(ADOPTED, 7-0; A-83166)
19) 05R-3 Assessing the demolition and removal of the
dangerous building expense incurred by the
City against the property located at 2420 P Street.
Fact Sheet (376K)
Attachment (2.51M)
(ADOPTED, 7-0; A-83167)
20) 05R-5 Use Permit 04005 - Application of RLM LLC to
develop Barons Ridge consisting of 38
dwelling units and 10,000 square feet of
office space, with requested variances to
sanitary sewer design standards, modifications
to reduce the side yard setback, rear yard setback,
and frontage, and to waive the preliminary plat
process, on property generally located southwest of
Barons Road and N.W. 1st Street.
Fact Sheet (716K)
(ADOPTED, 7-0; A-83168)
21) 05R-7 Approving an Interlocal Agreement between the
City, County, and United Way for
implementation of the Community Based Human
Needs Assessment in conjunction with the
University of Nebraska Public Policy Center.
Attachment (390K)
(ADOPTED, 7-0; A-83169)
22) 05R-8 Approving a Conservation Easement Agreement
between Pine Lake Development LLC and the
City over Outlot A, Pine Lake Plaza, for
preservation of the existing wetlands.
Fact Sheet (40K)
Attachment (2.51M)
(ADOPTED, 7-0; A-83170)
23) 05R-9 Approving an Agreement between the Lincoln-
Lancaster County Health Department and the
Social Security Administration to establish
conditions to disclose information relating
to the eligibility for and payment of Social
Security benefits and/or Supplemental
Security Income and Special Veterans Benefits.
Fact Sheet (41K)
Attachment (712K)
(ADOPTED, 7-0; A-83171)
24) 05R-10 Use Permit 04004 - Application of Cameron
Corporation to develop Highlands Townhomes
consisting of 94 dwelling units, one lot for
future development, and one outlot, with requested
variances to the sanitary sewer design standards
and waiver of the preliminary plat process on
property generally located at W. Fletcher Ave. and
N.W. 13th Street.
Fact Sheet (716K)
(ADOPTED AS AMENDED, 7-0; A-83172)
25) 05R-11 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of
December 1 - 31, 2004.
Fact Sheet (13K)
Attachment (30K)
(ADOPTED AS AMENDED, 7-0; A-83173)
26) 05R-12 Amending the Interlocal Agreement creating the
Aging Agency to allow the Mayor to execute leases
for senior center service purposes on agreements
of one year or less.
Attachment (15K)
(ADOPTED, 7-0; A-83174)
27) 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.
Fact Sheet (14K)
(DELAYED WITH PUBLIC HEARING & ACTION ON 2/14/05, 7-0)
28) 05R-14 Hearing on Adams Enterprises, Inc.'s Notice of
Appeal appealing from the impact fee determination
of Impact Fees imposed for the single-family
dwelling located at 7420 Otoe Court and requesting
a waiver or reduction of said fees.
Approval (10K)
Denial (10K)
Fact Sheet (59K)
Attachment (263K)
(ADOPTED FOR DENIAL, 7-0; A-83175)
29) 05R-15 Approving the Phase I Enhanced 9-1-1 Service
Agreement between the City and Alltel for a three-
year term for implementation of Phase I Wireless
required by the Federal Communications Commission.
Fact Sheet (63K)
Attachment (936K)
(ADOPTED, 7-0; A-83176)
30) Setting the Interest Rate of 6.25% and Levying the
Assessments on Special Assessment Group I (Paving
District 2624) of the Board of Equalization held
January 10, 2005, and accepting the Report on
Board of Equalization to City Council on Special
Assessments Group I (Water District 1190 and
Paving District 2624).
(ADOPTED, 7-0; A-83177)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
31) Setting the Hearing Date of Monday, February 7,
2005 at 1:30 p.m. for the App. of Chez Hay
Catering, Inc. dba Chez Hay Catering for a Class I
liquor license with catering located at 210 N. 14th Street.
(ADOPTED, 7-0; A-83178)
Setting the Hearing Date of Monday, February 7,
2005 at 1:30 p.m. for the Man. App. of Steven
Lohmeier for WJP, LLC dba 1st Avenue located at
2310 N. 1st Street. (ADOPTED, 7-0; A-83179)
33) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone 05001 - App. of Olsson Associates
from AG to R-3 on property located at Lammle Circle and
Gleneagle Court.
Special Permit 1386C - App. of Brian Carstens on behalf of
Richard and Marti Ann Hudson to waive the preliminary
plat process, sidewalks, street trees, street
lighting, landscape screening, block length
and stormwater detention requirements on
property at S. 112th Street and Van Dorn Street.
Special Permit 05001 - App. of Gas N Shop, Inc. to
sell alcoholic beverages for consumption off the
premises on property located at West O Street and
Sun Valley Boulevard.
34) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
35) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
January 10, 2005.(PLACED ON FILE)
36) Report of UNL Microbiologist for water testing for
the month of December, 2004. (PLACED ON FILE)
37) Setting the hearing date of Monday, February 14,
2005, at 10:00 a.m. on the Board of Equalization
Special Assessment Group I. (APPROVED, 7-0)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 38 THRU 40 HAD 1ST READING)
38) 05-4 Repealing Ordinance No. 18447 creating Paving
District No. 2629 in West Benton Street from North
First Street west approximately 600 feet, due to
the lack of majority petition.
39) 05R-2 Creating Paving Unit No. 139 in West Benton
Street from N. 1st Street west approximately
600 feet and assessing the cost against the
benefitted property.
Fact Sheet (37K)
Attachment (749K)
40) 05-8 Street Name Change 04010 - Renaming N.W. 47th
Street as N.W. 47th Court, generally located at
N.W. 47th Street and W. Thatcher Lane.
Fact Sheet (548K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
41) 04-222 Change of Zone 04055 - Application of Hampton
Development for a change from H-3 Highway
Commercial District to R-4 Residential
District on property generally located south
of Fletcher Ave, east of N. 14th Street.
(In connection w/04R-328)
Fact Sheet (384K)
(PASSED, 7-0; #18489)
42) 04R-328 Special Permit 04044 - Application of Hampton
Development to construct North Creek Villas
Community Unit Plan for 52 dwelling units and
requested waivers that lot lines are radial to the
street, modification to the Design Standards for
private roadways, allowing double frontage lots,
reduce the minimum lot depth along a major road,
and reduction of the rear yard setback, on
property generally located south of Fletcher Ave.,
east of N. 14th Street. (In connection w/04-222)
(Action Date: 1/24/05)
Fact Sheet (503K)
(ADOPTED, 7-0; A-83180)
43) 04R-332 Comp. Plan Conformity 04010 - Adopting the 48th
and O Street Redevelopment Plan generally bounded
by R Street on the north, 48th Street on the west,
52nd Street on the east, and N Street on the
south, consisting of 41.7 acres. (1/10/05 -
Placed on Pending for 2 weeks to 1/24/05 for
Action Only)
Fact Sheet (260K)
Attachment (1.51M)
(ADOPTED, 5-2; CAMP, COOK DISSENTING; A-83181)
PENDING LIST - DATE CERTAIN
44) 04R-333 Comp. Plan Amendment 04021 - Amending the
2025 Lincoln-Lancaster County Comprehensive
Plan by adopting the proposed Airport West
Subarea Plan for the area generally from N.W.
27th Street to N.W. 70th Street, from US
Highway 34 to US Highway 6, including
associated amendments to the Community Form,
Business and Commerce, Mobility and
Transportation, Community Facilities, and
Parks, Recreation and Open Space sections of
the Comprehensive Plan.(1/10/05 - Placed
on Pending for 3 weeks to 1/31/05 for Action Only)
Fact Sheet (1603K)
PENDING LIST (EXTENDED ONE WEEK)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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, JANUARY 31, 2005 AT 5:30 P.M.:
(APPROVED, 7-0)
53) 05R-16 Hearing on 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.
Approval (11K)
Denial (13K)
Fact Sheet (59K)
54) 05R-17 Approving the Investment Policy of the City for
the purpose of setting objectives and parameters
for the management of City funds.
Fact Sheet (62K)
Attachment (1982K)
55) 05R-18 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the federal funding,
through the Department of Transportation, Federal
Highway Administration, for the Antelope Valley P
and Q Street Bridges Project (Project No. STPC-
5236(1) CN 11215L, City No. 780105.
Fact Sheet (64K)
Attachment (495K)
56) 05R-19 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the federal funding,
through the Department of Transportation, Federal
Highway Administration, for the Antelope Valley N
Street Bridge Project (Project No. STPC-5234(1) CN
11215H, City No. 780112.
Fact Sheet (62K)
Attachment (525K)
57) 05R-20 Use Permit 132A - Application of Livingston
Investments to eliminate the restricted hours of
operation of a shopping center to allow a 24-hour
operation for Lot 1, Willowbrook, generally
located southeast of S. 70th Street and Highway 2.
Fact Sheet (1816K)
58) 05R-21 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of January
1 - 15, 2005.
Fact Sheet (13K)
Attachment (29K)
59) 05R-22 Reappointing Tom Laging, Patrick O'Donnell, and
Jim Hewitt to the Nebraska Capitol Environs
Commission for three year terms expiring January
9, 2007, January 9, 2007, and January 9, 2008,
respectively.
60) 05R-23 Appointing Jeffrey Jenkins to the Air Pollution
Control Advisory Board for a three-year term
expiring November 1, 2007.
Attachment (33K)
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 (1/26/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (1/31/05).
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 NEXT OPEN
MICROPHONE SESSION WILL BE JANUARY 31ST.
ADJOURNMENT 6:42 P.M.
***
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***
City Council