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City of Lincoln City Council Office Formal Agenda | |
THE FOLLOWING WILL BE HELD IN THE CITY COUNCIL CHAMBERS
MAYOR SENG WILL DELIVER THE STATE OF THE CITY MESSAGE
ON MONDAY, JUNE 27, 2005, AT 3:00 P.M.
THE CITY BUDGET WILL BE PRESENTED AT 3:30 P.M.
IMMEDIATELY FOLLOWING THE STATE OF THE CITY MESSAGE
*********************
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 27, 2005 AT 5:30 P.M.
NOTE: THERE WILL BE NO CITY COUNCIL MEETING THE
WEEK OF JULY 4TH DUE TO THE HOLIDAY. THE NEXT COUNCIL
MEETING WILL BE JULY 11TH AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 1 HAD 2ND READING)
1) 05-83 Change of Zone 05038 - Application of Pine
Lake Heights Congregation of Jehovah's
Witnesses, Inc. for a change of zone from AGR
Agricultural Residential District to R-1
Residential District on property generally
located northwest of the intersection of S.
70th Street and Pine Lake Road.
Fact Sheet (295K)
PUBLIC HEARING - RESOLUTIONS
2) 05R-121 Approving an Agreement between the City and
the Nebraska Dept. of Roads so that federal
and state funding may be used for the Design
and Construction of the Safety Improvement
Project at the intersections of 9th and 10th
Streets at Van Dorn Street. (6/20/05 - P.H.
Con't. to 6/27/05) (PLACED ON PENDING WITH PUB.
HEARING & ACTION UNTIL 8/1/05, 7-0)
Fact Sheet (79K)
Attachment (462K)
3) 05R-133 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 1 - 15,
2005. (ADOPTED, 7-0; A-83389)
Fact Sheet (13K)
Attachment (22K)
4) 05R-137 Approving the Fiscal Year 2005 Action Plan: One
Year Use of Funds for Consolidated Plan for HUD
Entitlement Programs. (ADOPTED, 7-0; A-83390)
Fact Sheet (65K)
Attachment (6K)
Attachment 2 (1484K)
5) 05R-138 Approving the 2005 - 2009 Strategic Plan for
Community Development Strategies to be carried
out in Lincoln. (ADOPTED, 7-0; A-83391)
Fact Sheet (65K)
Attachment (6K)
Attachment 2 (1983K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
6) Setting the hearing date of Monday, July 11, 2005
at 1:30 pm for an Application of Twisted Steele
Inc dba Lazzari's Pizza for the expansion of their
licensed premise for a sidewalk cafe approximately
14 feet by 19 feet located at 1434 "O" Street.
(ADOPTED, 7-0; A-83392)
7) Setting the hearing date of Monday, July 11, 2005
at 1:30 pm for an Application of HyVee Inc dba
HyVee #4 for a Class C Liquor License located
at 6001 Village Drive. (ADOPTED, 7-0; A-83393)
8) Setting the hearing date of Monday, July 18, 2005
at 1:30 pm for an Application of JSCK Inc dba
Top Hat for a Class C Liquor License located at
736 W. Cornhusker Highway. (ADOPTED, 7-0;
A-83394)
9) Setting the hearing date of Monday, July 18, 2005
at 1:30 pm for a Manager Application of Jared M.
Powell for Lincoln Steak Company LLC dba Whiskey
Creek Steakhouse located at 3000 Pine Lake Road.
(ADOPTED, 7-0; A-83395)
10) Setting the hearing date of Monday, July 18, 2005
at 1:30 pm for an Application of Nebraska Inc dba
from Nebraska Gift Shop for a Class CK Liquor
License located at 803 "Q" Street. (ADOPTED,
7-0; A-83396)
11) Setting the hearing date of Monday, July 18, 2005
at 1:30 pm for an Application of Jade Rivers LLC
dba Jade Rivers for a Class I Liquor License located
at 3940 Village Drive. (ADOPTED, 7-0; A-83397)
12) FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 05044 - Application submitted
by the Director of Urban Development, from B-3
Commercial District to R-4 Residential District,
on property located at N. 47th Street between
Cleveland and Baldwin Avenue.
Change of Zone 05046 - Application submitted
by Jason Scott, to amend Section 27.71.08 of the
Lincoln Municipal Code to provide additional
circumstances under which fences may be erected to
a height in excess to seventy-six inches.
Change of Zone 05047 - Application submitted
by the Director of the Planning Department, to amend
Section 27.45.070 of the Lincoln Municipal Code to
change the maximum height requirement from 35 feet to
45 feet in the H-4 General Commercial District.
Special Permit 05032 - Application submitted by
Cynthia J. Swanson, for the expansion of a non-
conforming use for the consumption of alcohol on the
premises, on property located at S. 70th Street and A
Street.
13) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, July 18, 2005
at 1:30 p.m. for the Application of Allen Enterprises
Inc dba Earls Tavern for an addition to their licensed
premise for a beer garden approximately 20 feet by 24
feet located at 5555 Superior Street. (ADOPTED, 7-0;
A-83398)
Setting the hearing date of Monday, July 18, 2005 at
1:30 p.m. for the Application of Overland Station dba
BJK Inc for an addition to their licensed premise for
a beer garden approximately 38 feet by 7 feet on the
northwest corner of the building located at 2805 NW
48th Street. (ADOPTED, 7-0; A-83399)
Clerk's Letter and Mayor's Approval of Ordinances and
Resolutions passed by the City Council on June 20,
2005. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
14) Report from City Treasurer of city cash on hand at
the close of business on May 31, 2005. (PLACED
ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 15 THRU
17 HAD 1ST READING)
15) 05-87 Authorizing and providing for the issuance of
not to exceed $18,000,000 aggregate principal
amount of sanitary sewer revenue bonds of the
City of Lincoln, Nebraska.
16) 05-88 Change of Zone 05041 - Application of Pioneer
Woods LLC for a change of zone from O-3
Office Park District to B-2 Planned
Neighborhood Business District on property
generally located at S. 70th Street and
Pioneers Blvd. (In connection w/05R-
139)
Fact Sheet (267K)
17) 05R-139 Use Permit 130A - Application of Pioneer Woods LLC
to develop an 85-room, four-story hotel, with
requested waivers of the requirement rear yard
setbacks and maximum allowed height, on property
generally located at S. 70th Street and Pioneers
Blvd. (In connection w/05-88) (Action Date:
7/18/05)
Fact Sheet (599K)
ORDINANCES - 3RD READING
18) 05-75 Street Name Change 05002 - Naming streets in
the Antelope Valley Project vicinity of North
17th and Y Streets to name realigned North
17th Street as "North 17th Street" and the
new street between North 16th and North 17th
Street as "X Street". (PASSED, 7-0; #18563)
Fact Sheet (50K)
19) 05-76 Approving a Sublease Agreement between the
City and Lincoln Action Program for providing
job training and employment services under
the Workforce Investment Act in the One-Stop
Center located in Gold's Galleria, 1010 N
Street, Lincoln, NE. (PASSED, 7-0; #18564)
Fact Sheet (54K)
Attachment (848K)
20) 05-77 Repealing Ordinance No. 18374 creating Paving
District No. 2628 in North 36th Street, W to
Vine Streets, due to the lack of majority
petition. (PASSED, 7-0; #18565)
Fact Sheet (56K)
21) 05-78 Approving an Agreement between Wynne
Transport Services, Inc. and the Lincoln Area
Agency on Aging/LIFE for the lease of office
space for a one-year term in Geneva,
Nebraska, for the out posted counselor in
Fillmore County for the Medicaid Waiver
program. (PASSED, 7-0; #18566)
Fact Sheet (61K)
Attachment (59K)
22) 05-79 Approving an Agreement between the Polk
County Health Department and the Lincoln Area
Agency on Aging/LIFE for the lease of office
space for a one-year term in Osceola,
Nebraska, for the outposted counselor in the
Polk County Care Management program. (PASSED,
7-0; #18567)
Fact Sheet (65K)
Attachment (58K)
23) 05-80 Approving an Agreement between the Polk
Senior Center and the Lincoln Area Agency on
Aging/LIFE for the lease of office space for
a one-year term in Polk, Nebraska, for the
outposted counselor in Polk County for the
Medicaid Waiver program. (PASSED, 7-0;
#18568)
Fact Sheet (67K)
Attachment (59K)
24) 05-81 Approving a 10-year Agreement between the
Woods Park Tennis Corp. and the City for
operation of the Woods Tennis Center. (PASSED,
7-0; #18569)
Fact Sheet (79K)
Attachment (256K)
25) 05-82 Approving the renewal of a lease agreement
between the City and American Legion Post #3
for the operation and use of Sherman Field.
(PASSED, 7-0; #18570)
Fact Sheet (58K)
Attachment (173K)
PENDING LIST - DATE CERTAIN
26) 05R-115 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 16 - 31,
2005. (6/13/05 - P.H. & Action con't. on claim
of Judith Troutman for 1 week to 6/20/05)
(Request of claimant to con't. P.H. & Action to
7/11/05) (6/20/05 - Pending; P.H. & Action to be
held 7/11/05)
Fact Sheet (13K)
Attachment (20K)
27) 05R-134 Comp. Plan Amendment No. 05014 - Amending the
Lincoln/Lancaster County Comprehensive Plan by
deleting references to the Theater Policy and
entertainment in the Downtown, and by deleting one
statement requiring market studies for proposed
new theaters outside of the Downtown area. (In
connection w/05-85, 05-86, 05R-135, 05R-136)
(Action Date: 7/11/05) (6/20/05 - Placed on
Pending to 7/25/05 with P.H.)
Fact Sheet (1425K)
28) 05-85 Amending Section 27.63.630(c) of the Lincoln
Municipal Code Zoning Ordinance for theaters
in the B-5 Planned Regional Business
District, to allow theaters with more than
six screens, provided they are located
outside a 6.5 mile radius measured from the
center of the intersection of 13th and O
Streets. (In connection w/05-86, 05R-134,
05R-135, 05R-136) (6/20/05 - Placed on Pending
to 7/25/05 with P.H.)
Fact Sheet (370K)
29) 05-86 Change of Zone 05036 - Application of Eiger
Corporation for a change of zone from AG
Agricultural District to B-5 Planned Regional
Business District on property generally
located at South 91st Street and Pine Lake
Road. (In connection w/05R-134, 05-85,
05-86, 05R-135, 05R-136) (6/20/05 - Placed
on Pending to 7/25/05 with P.H.)
Fact Sheet (408K)
30) 05R-135 Appeal of Eiger Corporation from the Planning
Commission denial of Special Permit 05023 to
construct an 80,000 sq. ft. theater complex with
18 screens in the B-5 zoning district, on property
generally located at S. 91st Street and Pine Lake
Road. (In connection w/05R-134, 05-85, 05-86,
05R-136) (Action Date: 7/11/05) (6/20/05 - Placed
on Pending to 7/25/05 with P.H.)
Fact Sheet (672K)
31) 05R-136 Appeal of Eiger Corporation from the Planning
Commission denial of Use Permit 140B to allow
950,983 sq. ft. of commercial and office floor
area, on property generally located at S. 91st
Street and Pine Lake Road. (In connection w/
05R-134, 05R-135, 05-85, 05-86) (Action Date:
7/11/05) (6/20/05 - Placed on Pending to 7/25/05
with P.H.)
Fact Sheet (1046K)
PENDING LIST (EXTENDED ONE WEEK)
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 (699K)
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, JULY 11, 2005 AT 1:30 P.M.: (APPROVED, 7-0)
40) 05R-140 Use Permit 123D - Application of North 33rd LLC to
amend the Landmark Corporate Center to waive the
20 foot rear yard setback on Outlot D and Lots 9
and 10, Block 2, to accommodate driving aisles, to
wiave the 50 foot front yard setback for Lots 9
and 10, Block 2, and to waive the 20 foot side
yard setback between Lots 4 - 11, Block 2, and
Outlot D, for the location of share access drives,
on property generally located at North 33rd Street
and Folkways Blvd.
Fact Sheet (337K)
41) 05R-141 Approving an Interlocal Agreement between the City
and the Railroad Transportation Safety District to
provide funding for the construction of a bridge
over Middle Creek and a viaduct in S.W. 40th
Street over the Burlington Northern Santa Fe
Railroad tracks.
Fact Sheet (66K)
Attachment (1135K)
42) 05R-142 Approving an Interlocal Agreement between the City
and Lancaster County to provide funding for
construction of a bridge over Middle Creek in S.W.
40th Street.
Fact Sheet (58K)
Attachment (1283K)
43) 05R-143 Approving an Agreement between the City and the
Nebraska Dept. of Roads to provide funding for
construction of an overpass in S.W. 40th Street
over the existing Burlington Northern Santa Fe
Railroad tracks.
Fact Sheet (60K)
Attachment (1130K)
44) 05R-144 Adopting the LES Rate Schedules, Service
Regulations and Cost Analysis Summary for Rates,
providing for a system average rate increase of 9
percent, effective August 1, 2005.
Attachment (6K)
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
(7/6/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(7/11/05).
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 JUNE WILL BE
THE 13TH AND 27TH.
ADJOURNMENT 6:20 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