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City of Lincoln City Council Office Formal Agenda | |
ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, APRIL 18, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S ANNUAL AWARD OF EXCELLENCE
HONORABLE MENTION: DODI WARNE, LINCOLN POLICE DEPARTMENT
WINNERS: DAVE BOMBERGER, PARK & RECREATION DEPARTMENT;
JAY EDMISTON, PUBLIC WORKS & UTILITIES DEPARTMENT;
& LEON MARQUART, HEALTH DEPARTMENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of The Green House, LLC dba Dish for
Class I liquor license at 1100 "O" Street. (ADOPTED
FOR APPROVAL, 7-0; A-83275)
Amended
2) Manager application of Travis J. Green for The
Green House, LLC dba Dish at 1100 "O" Street.
(ADOPTED FOR APPROVAL, 7-0; A-83276)
3) Application of Brock Enterprises, LLC dba The
Bristo Ballroom for a Class I liquor license at
2112 Cornhusker Highway. (ADOPTED FOR APPROVAL,
7-0; A-83277)
4) Manager application of Kendra Brock for Brock
Enterprises, LLC dba The Bristo Ballroom at 2112
Cornhusker Highway. (ADOPTED FOR APPROVAL,
7-0; A-83278)
5) Application of Sekips, Inc. dba Spikes Beach Bar &
Grille for a Class I liquor license at 2300 Judson
Street. (ADOPTED FOR APPROVAL, 7-0; A-83279)
6) Manager application of Derek L. Breemes for
Sekips. Inc. dba Spikes Beach Bar & Grille at 2300
Judson Street. (ADOPTED FOR APPROVAL, 7-0; A-83280)
7) Application of Playmakers, Inc. dba Playmakers for
a Class C liquor license and an expanded outdoor
area measuring 190 feet by 185 feet at 640 W.
Prospector Court, Suite 300. (ADOPTED FOR APPROVAL,
5-2; DISSENTING: FRIENDT, MCROY; A-83281)
8) Manager application of Brent A. Zywiec for Playmakers,
Inc. dba Playmakers at 640 W. Prospector Court, Suite
300. (ADOPTED FOR APPROVAL, 5-2; DISSENTING: FRIENDT,
MCROY; A-83282)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 9 THRU 11 HAD 2ND READING)
9) 05-42 Change of Zone 05021 - Application of the University
Place Community Organization for a change of zone on
approximately 18 blocks within the University Place
neighborhood from R-6, R-5, and R-4 Residential
Districts and B-3 Commercial District to R-5, R-4,
and R-2 Residential Districts, generally located
between Cleveland and Huntington Avenues from 46th
to 47th Streets, between Madison Avenue and Adams
Street from 49th to 56th Streets, and between
Garland Street and Huntington Avenue from 48th
to 56th Streets.
Fact Sheet (1108K)
10) 05-43 Change of Zone 05018 - Application of Ron Tonniges
for a change of zone from AGR Agricultural District
to R-3 Residential District on property generally
located on the east side of South 84th Street,
south of Old Cheney Road.
Fact Sheet (262K)
11) 05-44 Misc. No. 05005 - Amending Sections 26.11.032 and
26.31.015 of the Lincoln Municipal Code to clarify
that a preliminary plat is not required when a
community unit plan, planned unit development, special
permit, or use permit is submitted that contains all
the necessary information for a subdivision.
Fact Sheet (18K)
PUBLIC HEARING - RESOLUTIONS
12) 05R-75 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
March 16 - 31, 2005. (ADOPTED, 7-0; A-83283)
Fact Sheet (13K)
Attachment (29K)
13) 05R-76 Approving a Service Agreement between the City and
Stock Realty & Auction Company for a four-year
term to provide auctioneer services for surplus
property. (ADOPTED, 7-0; A-83284)
Fact Sheet (11K)
Attachment (362K)
14) 05R-77 Approving an Agreement between the City, Regent
Heights Limited Partnership, Ridge Development
Company, Northern Lights LLC, and the Yeutter
Family LLC, to modify the duties and
responsibilities of the parties as originally
provided for under the Conditional Annexation and
Zoning Agreement for Regent Heights First Addition
and Northern Lights Addition dated December 6,
1996. (ADOPTED, 7-0; A-83285)
Attachment (217K)
15) 05R-78 Waiver No. 05003 - Application of Geanine
Bordogna, on behalf of Park Place Estates, to
waive the subdivision requirements that street
trees and sidewalks be installed within four years
following final plat approval, and that ornamental
lights and landscape screens be installed within
two years following final plat approval, within
Park Place Estates 5th Addition, generally located
at Park Place Drive and Park Place Court. (ADOPTED,
6-1; DISSENTING: NEWMAN; A-83286)
Fact Sheet (326K)
16) 05R-79 Comprehensive Plan Amendment No. 05002 - Amending
the Mobility and Transportation element of the
2025 Lincoln-Lancaster County Comprehensive Plan
by upgrading existing US Highway 77 to freeway
standards from Interstate 80 to the planned South
Beltway interchange south of Saltillo Road.
(PUBLIC HEARING & ACTION DELAYED FOR 2 WEEKS
TO 5/2/05, 7-0)
Fact Sheet (526K)
17) 05R-80 Approving a grant application to be submitted to
the State in combination with Lancaster County on
behalf of First Responders for 2005 grant
funding. (ADOPTED, 7-0; A-83287)
Fact Sheet (11K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
18) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 04081 - Application submitted
by Stone Bridge Creek LLC, from I-3 Employment Center
District to R-3 Residential District and AG Agricultural
District to I-3 Employment Center District, on property
located at Humphrey Avenue and Redstone Road.
Special Permit No. 04067 - Application
submitted by Stone Bridge Creek LLC, Stone Bridge Creek
Addition Community Unit Plan, for 124 dwelling units,
with requests to waive minimum lot depth, preliminary
plat process, minimum area, front, side and rear yard
setbacks, average lot width, private roadway design
standards, sidewalk, and curb and gutter, on property
located at Humphrey Avenue and Redstone Road.
Use Permit No. 139A - Application submitted
by Stone Bridge Creek LLC, for approximately 478,55
square feet of employment center, on property generally
located Humphrey Avenue and Redstone Road.
Change of Zone No. 05028 - Application submitted
by Director of Urban Development Department, from I-1
Industrial District to B-3 Commercial District, on
property located at N. 27th and Apple Streets.
Change of Zone No. 05029 - Application submitted
by Olsson Associates, from R-3 Residential District
to H-3 Highway Commercial District, on property
located at N. 33rd Street and Superior Street.
19) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, May 2, 2005 at
1:30 pm for a Manager Application of Micky Buchmann
for Granite City Food & Brewery Ltd dba Granite Cit
Food & Brewery located at 6150 "O" Street.
(ADOPTED, 7-0; A-83288)
Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by the City Council on
April 11, 2005. (PLACED ON FILE)
Aquila's 2004 Financial and Operational Information
Report in accord with Ordinance No. 16713. (PLACED
ON FILE)
Report from City Treasurer of City Cash on hand at the
close of business on February 28, 2005. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
20) Affidavit of Mailing for Board of Equalization Meeting
for the North 27th Street Maintenance District to
be held on Monday, May 2, 2005. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 21 AND 22 HAD 1ST READING)
21) 05-45 Approving a Communication Site License Agreement
between the City and Verizon Wireless for the
placement of telecommunications facilities upon City
property at Star City Shores generally located at
27th Street and Highway 2.
Fact Sheet (20K)
Attachment (752K)
22) 05-46 Approving a Communication Site License Agreement
between the City and Nextel Partners for the placement
of telecommunications facilities upon City property
at Star City Shores generally located at 27th Street
and Highway 2.
Fact Sheet (20K)
Attachment (763K)
ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS
(MOVED TO WAIVE COUNCIL RULES TO VOTE AS FOLLOWS: 05-34, 05-33,
& 05R-69; 7-0)
23) 05-33 Annexation 05001 - Amending the Lincoln Corporate
Limits Map by annexing approximately 100.00 acres of
property generally located at North 1st Street and
Fletcher Avenue. (In connection w/05R-69, 05-34)
(4/11/05 - Action Delayed 1 wk to 4/18/05 w/ public
hearing limited to expert testimony) (PASSED, 7-0; #18526)
Fact Sheet (310K)
Attachment (322K)
24) 05R-69 Approving the 1st and Fletcher Conditional Annexation
and Zoning Agreement between the City and Carlton Paine
& Judith Paine, Glenn Umberger & Lois Umberger, and
Umberger Farms Ltd., relating to the annexation of
approximately 100.69 acres, generally located southeast
of North 1st Street and Fletcher Ave. (In connection
w/05-33, 05-34) (Action Date: 4/11/05) (4/11/05 -
Action Delayed 1 wk to 4/18/05 w/ public hearing
limited to expert testimony)(ADOPTED, 7-0; A-83289)
Attachment (38K)
25) 05-34 Change of Zone 05002 - Application of Lindsey
Management Company for a change of zone from
AG Agricultural District to R-3 Residential
District on property generally located at
Highway 34 and Fletcher Avenue; designating
said property as a Planned Unit Development;
and for approval of a development plan for
612 dwelling units, a clubhouse, private golf
course and 60,000 square feet of commercial
floor area (or 696 dwelling units if the
commercial use is deleted) in the underlying
R-3 Residential District with a requested
waiver of the required preliminary plat
process. (In connection w/05R-69, 05-33)
(4/11/05 - Action Delayed 1 wk to 4/18/05
w/ public hearing limited to expert testimony)
(MOVED MTA#1, #2, #3, & #4, 7-0; PASSED AS AMENDED,
7-0; #18525)
Fact Sheet (545K)
26) 05-39 Approving a contract between the City and
Lincoln Haymarket Development Corp. to operate
and regulate a Saturday public market in the
Haymarket area, 7th Street from P to Q Streets
and P Street from 7th to 8th Streets. (PASSED,
7-0; #18527)
Fact Sheet (62K)
Attachment (308K)
27) 05-40 Approving a ten-year License Agreement
between the City and HobbyTown Unlimited for
the use of a portion of Oak Lake Park to
develop and maintain a model car race track.
(PASSED, 7-0; #18528)
Fact Sheet (13K)
Attachment (453K)
28) 05-41 Change of Zone 05006 - Application of Lyle
Mayer for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally
located at the northeast corner of Southwest
84th Street and West Pioneers Blvd. (In
connection w/05R-74) (PASSED, 7-0; #18529)
Fact Sheet (269K)
29) 05R-74 Appeal of Hub Hall and Lyle Mayer from the
Approval Planning Commission denial of Special Permit 05003
Denial to develop Meadow View 2nd Addition Community Unit
Plan for 57 dwelling units in split jurisdiction,
with requested waivers of the required ornamental
lighting, sidewalks, street trees, landscape
screens, block length, preliminary plat process,
non-perpendicular lot lines, lot depth to width
ratio and to allow sanitary sewer to flow opposite
street grade, on property generally located at the
northeast corner of Southwest 84th Street and West
Pioneers Blvd. (In connection w/05-41) (Action
Date: 4/18/05) (ACCEPTED SUBSTITUTE RESOLUTION FOR
APPROVAL, 7-0; ADOPTED SUBSTITUTE RESOLUTION, 7-0;
A-83290)
Fact Sheet (1659K)
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 (1494K)
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 (1194K)
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 (698.8K)
34) 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)
35) 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)
36) 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)
37) 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 (217K)
38) 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
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)
39) 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, APRIL 25, 2005 AT 5:30 P.M.: (APPROVED, 7-0)
40) 05R-81 Approving a three-year advertising contract between
the City and Double Eagle Beverage for advertising at
Pershing Center.
Fact Sheet (53K)
Attachment (752K)
41) 05R-82 Approving a three-year advertising contract between the
City and Alltel Communications for advertising at Pershing
Center.
Fact Sheet (52K)
Attachment (371K)
42) 05R-83 Authorizing the use of the public right-of-way for installation
of a fiber optic communication line in North 17th Street and
Court Street from the University of Nebraska - Lincoln City
Campus to the Bob Devaney Sports Center Complex located at
1600 Court Street.
Fact Sheet (55K)
Attachment (451K)
43) 05R-84 Authorizing the use of the public right-of-way by
WRK, LLC for installation of a dock at 210 N. 14th
Street.
Fact Sheet (83K)
Attachment (95K)
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 (4/20/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/25/05).
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 APRIL WILL BE THE 11TH AND 25TH.
ADJOURNMENT 3:45P.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