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City of Lincoln City Council Office Formal Agenda | |
AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, JULY 18, 2005 AT 1:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Geemax Inc. dba N Zone for a
special designated license covering an area
measuring 42' by 50' at 728½ Q Street on
September 3, 10, and 17, October 1, 8, and 29,
and November 12, 2004 from 8:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-83412)
2) Application of K-Sara Enterprises for a special
designated liquor license to cover an area
measuring approximately 410' by 460' at Abbott
Sports Complex, 7600 N. 70th Street on July 30,
2005 from 4:00 p.m. to 1:00 a.m. with a rain date
of August 6, 2005. (ADOPTED FOR APPROVAL,
7-0; A-83413)
3) Application of Allen Enterprises Inc. dba Earls
Tavern for an addition of an outside beer garden
measuring approximately 20' by 24 ' on the south
side of the building at 5555 Superior Street.
(DELAYED WITH PUB. HEARING & ACTION FOR 1
WEEK TO 7/25/05, 7-0)
4) Application of BJK Inc. dba Overland Station for
an addition of an outside beer garden measuring
approximately 38' by 7' on the northwest corner of
the building at 2805 N.W. 48th Street. (ADOPTED
FOR APPROVAL, 7-0; A-83414)
5) Application of JSCK, Inc. dba Top Hat for a Class
C liquor license at 736 W. Cornhusker Highway.
(ADOPTED FOR APPROVAL, 7-0; A-83415)
6) Manager application of James H. Sanborn for JSCK,
Inc. dba Top Hat at 736 W. Cornhusker Highway.
(ADOPTED FOR APPROVAL, 7-0; A-83416)
7) Application of Jade Rivers LLC dba Jade Rivers for
a Class I liquor license at 3940 Village Drive.
(ADOPTED FOR APPROVAL, 7-0; A-83417)
8) Manager application of Stanley Jou for Jade Rivers
LLC dba Jade Rivers at 3940 Village Drive. (ADOPTED
FOR APPROVAL, 7-0; A-83418)
9) Manager application of Jared Powell for Lincoln
Steak Company LLC dba Whiskey Creek Steakhouse at
3000 Pine Lake Road. (ADOPTED FOR APPROVAL, 7-0;
A-83419)
10) Application of From Nebraska, Inc. dba From
Nebraska Gift Shop for a Class C and catering
liquor license at 803 Q Street, Suite 50.
(ADOPTED FOR APPROVAL, 7-0; A-83420)
11) Manager application of Connie M. Mahaney for From
Nebraska, Inc. dba From Nebraska Gift Shop at 803
Q Street, Suite 50. (ADOPTED FOR APPROVAL,
7-0; A-83421)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 12 THRU 16 HAD 2ND READING)
12) 05-89 Repealing Ordinance No. 18399 creating
Ornamental Lighting District No. 287 in West
Charleston, N. 1st Street west approximately
1,100 feet, due to the lack of majority
petition.
Fact Sheet (59K)
13) 05-90 Declaring a tract of land consisting of .54
acres, more or less, as surplus property
generally located at 601 N. 27th Street.
Fact Sheet (663K)
14) 05-93 Change of Zone 05039 - Application of Austin
Realty Company for a change of zone from B-2
Planned Neighborhood Business to H-3 Highway
Commercial on property generally located at
N. 27th Street south of Folkways Blvd.
Fact Sheet (717K)
15) 05-94 Change of Zone 05043 - Application of Gregg
and Cindy Trautman for a change of zone from
R-4 Residential to R-T Residential Transition
on property generally located southwest of
the intersection of S. 37th Street and O
Street.
Fact Sheet (722K)
16) 05-95 Approving the Third Amendment to First
Amended and Restated Lease and Operating
Agreement -- Burnham Yates Conference Center
relating to upgrading conference center
facilities and providing for the expenditure
of existing TIF funds and providing for
funding by the redeveloper.
Attachment (11K)
PUBLIC HEARING - RESOLUTIONS
17) 05R-145 Approving The Alley at 1031 M Street as a keno
satellite site. (ADOPTED FOR APPROVAL, 6-1;
ESCHLIMAN DISSENTING; A-83422)
Fact Sheet (46K)
18) 05R-146 Approving contracts with the successful
construction contract bidder and the engineering
consulting firm Carollo Engineers involving the
expenditures of money from appropriations of more
than one year for construction of the new Stevens
Creek Basin Sanitary Trunk Sewer - Phase I project
for the Lincoln Wastewater System. (ADOPTED FOR
APPROVAL, 7-0; A-83423)
Fact Sheet (112K)
19) 05R-147 Approving an Interlocal Services Agreement between
the City and Malcolm School District to allow the
Health Department to provide nursing consultation
services for the 2005 - 2006 school year. (ADOPTED
FOR APPROVAL, 7-0; A-83424)
Fact Sheet (50K)
Attachment (139K)
20) 05R-148 Approving an Interlocal Services Agreement between
the City and Waverly School District to allow the
Health Department to provide nursing consultation
services for the 2005 - 2006 school year. (ADOPTED
FOR APPROVAL, 7-0; A-83425)
Fact Sheet (54K)
Attachment (141K)
21) 05R-149 Approving an Interlocal Agreement between the City
and Lancaster County to establish a policy for the
distribution of Keno funds in the Keno Human
Services Prevention Fund. (ADOPTED FOR APPROVAL,
7-0; A-83426)
Attachment (303K)
22) 05R-150 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 16 - 30,
2005. (ADOPTED FOR APPROVAL, 7-0; A-83427)
Fact Sheet (13K)
Attachment (21K)
23) 05R-151 Reappointing Herbert Friedman and Donna Behlen to
the Cable Advisory Board for three-year terms
expiring July 1, 2008. (ADOPTED FOR
APPROVAL, 7-0; A-83428)
24) 05R-152 Reappointing Victor Covalt to the Charter Revision
Commission for a four-year term expiring July 15,
2009. (ADOPTED FOR APPROVAL, 7-0; A-83429)
25) 05R-153 Reappointing Annette Durham to the Lincoln Housing
Authority Board for a five-year term expiring
July 1, 2010. (ADOPTED FOR APPROVAL,
7-0; A-83430)
26) 05R-154 Waiver 05006 - Application of Kenneth Bundy for a
Approval waiver of the required sidewalks in the Osie
Denial Square final plat generally located at N. 64th
Street and Cotner Blvd. (ADOPTED FOR DENIAL,
6-1; MCROY DISSENTING; A-83431)
Fact Sheet (3736K)
27) 05R-155 Approving the Budget and Program of Work for
Downtown Lincoln Association's FY 2005 - 2006
Management and Maintenance District. (ADOPTED
FOR APPROVAL, 7-0; A-83432)
Fact Sheet (52K)
Attachment (493K)
28) 05R-156 Approving the Wet and Dry Weather Storm Drain
Discharge Characterization Studies by UNL/UNO to
monitor urban water quality for flows during rain
events and during dry weather. (ADOPTED FOR
APPROVAL, 7-0; A-83433)
Fact Sheet (58K)
Attachment (376K)
29) 05R-158 Approving an Interlocal Agreement between the City
and Lancaster County for the widening and
reconstruction of the Leighton Avenue project and
maintenance responsibilities in Leighton Avenue
from N. 84th Street to a point 1592 feet east of
N. 84th Street. (ADOPTED FOR APPROVAL, 7-0;
A-83434)
Attachment (532K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
30) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
July 11, 2005. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
31) Report of UNL Microbiologist for water testing for
the month of June 2005. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 32 THRU 37
HAD 1ST READING)
32) 05-91 Annexation 04001 - Amending the Lincoln Corporate
Limits Map by annexing approximately 77 acres of
property generally located south of Humphrey Avenue
and east of North 14th Street. (In connection
w/ 05R-157, 05-92)
Fact Sheet (380K)
33) 05R-157 Approving the Stone Bridge Creek 1st
Conditional Annexation and Zoning Agreement
between the city and Stone Bridge Creek, LLC,
relating to the annexation of approximately 77
acres, generally located south of Humphrey Avenue
and east of North 14th Street. (In connection
w/ 05-91, 05-92)(Action Date: 8/1/05)
Attachment (22K)
34) 05-92 Change of Zone 04007 - Application of Stone
Bridge Creek LLC for a change of zone from AG
Agricultural District to R-3 Residential
District and R-5 Residential District on
property generally located south of Humphrey
Avenue and east of North 14th Street. (In
connection w/ 05-91, 05R-157)
Fact Sheet (434K)
35) 05-98 Change of Zone 05044 - Application of Urban
Development Department for a change of zone
from B-3 Commercial District to R-4
Residential District, on property
approximately two blocks within the
University Place Neighborhood generally
located between Cleveland and Baldwin
Avenues, on the west side of 47th Street.
Fact Sheet (312K)
36) 05-99 Change of Zone 05046 - Application of
Pierson, Fitchett, Hunzeker, Blake and Katt
to amend Lincoln Municipal Code 27.71.080 to
allow fences to a maximum height of 102
inches under certain conditions.
Fact Sheet (74K)
37) 05-100 Chang of Zone 05047 - Application of the Planning
Director to amend Lincoln Municipal Code Section
27.45.070 to change the maximum height in the H-4
General Commercial District from 35 feet to 45
feet.
Fact Sheet (153K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
38) 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. (PASSED, 7-0;
#18572)
39) 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)
(PASSED, 7-0; #18573)
Fact Sheet (267K)
40) 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) (ADOPTED FOR APPROVAL, 7-0; A-83435)
Fact Sheet (599K)
41) 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. (7/11/05 -
Action Delayed 1 wk to 7/18/05)(ADOPTED FOR
APPROVAL, 7-0; A-83436)
Attachment (6K)
PENDING LIST - DATE CERTAIN
42) 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) (6/27/05 - Placed on Pending
to 8/1/05 w/P.H.)
Fact Sheet (79K)
Attachment (462K)
43) 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.) (7/11/05 -
Pending to 8/29/05 w/P.H.)
Fact Sheet (1425K)
44) 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.)(7/11/05 - Pending to
8/29/05 w/P.H.)
Fact Sheet (370K)
45) 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.) (7/11/05 - Pending to
8/29/05 w/P.H.)
Fact Sheet (408K)
46) 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.) (7/11/05 -
Pending to 8/29/05 w/P.H.)
Fact Sheet (672K)
47) 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.)(7/11/05 - Pending
to 8/29/05 w/P.H.)
Fact Sheet (1046K)
PENDING LIST (EXTENDED ONE WEEK)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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 25, 2005 AT 5:30 P.M.:
(APPROVED, 7-0; SEE ITEMS 64 & 65)
56) 05R-159 Establishing the name of the pedestrian/bicycle
bridge between the Haymarket District and
Haymarket Park as the "Bereuter Pedestrian
Bridge."
Fact Sheet (22K)
57) 05R-160 Hearing on Brett Joseph's Notice of Appeal
Denial appealing from the impact fee determination of
Impact Fees imposed for the single-family dwelling
located at 1445 N. 22nd Street and requesting a
waiver or reduction of said fees.
Fact Sheet (59K)
58) 05R-161 Hearing on Dan Hoffman's Notice of Appeal
Approval appealing from the impact fee determination of
Denial Impact Fees imposed for the single-family dwelling
located at 2464 Woodscrest Ave. and requesting a
waiver or reduction of said fees.
Fact Sheet (61K)
59) 05R-162 Appeal of Gary Detweiler from the Planning
Approval Commission approval of Special Permit No. 05028
Denial for authority to sell alcoholic beverages for
consumption on the premises at The Bristo Ballroom
at 2102 Adams Street.
Fact Sheet (260K)
60) 05R-163 Appeal of Cindy J. Swanson from the Planning
Approval Commission denial of Special Permit No. 05032 for
Denial authority to expand a non-conforming use to allow
an outdoor beer garden at The Library Lounge at
6891 A Street, Suite 200.
Fact Sheet (919K)
61) 05R-164 Waiver 05007 - Application of Austin Realty
Company to waive the sidewalk requirements in the
Crossbridge 1st Addition preliminary plat on
property generally located at N. 27th Street and
Fletcher Ave.
Fact Sheet (230K)
62) 05R-165 Misc. 05012 - Application of Developmental
Services of Nebraska, Inc. to allow a group home
in the R-1 Residential District to locate within
the required ½ mile separation from another
group home, on property generally located at 4000
Lindsey Circle.
Fact Sheet (210K)
63) 05R-166 Amending the standards from the State Board of
Public Roads Classifications and Standards to
allow the use of eleven foot wide lanes in City
Project 701780, O Street, 42nd to 52nd Street;
Antelope Valley Project CM-55(142), North-South
Roadway K to Q Streets; and Antelope Valley
Project STPC-34-6(135), O Street Bridge and
Roadway, to minimize impact of roadway improvement
on adjacent properties for the three projects.
Fact Sheet (62K)
64) 05R-167 Approving a revised schedule for water fees and
service charges for the Lincoln Water System.
(PUB. HEARING ON 7/25/05; ACTION DATE ON
8/1/05, 7-0)
Fact Sheet (63K)
65) 05R-168 Approving a revised schedule for wastewater fees
and service charges for the Lincoln Water System.
(PUB. HEARING ON 7/25/05; ACTION DATE ON 8/1/05,
7-0)
Fact Sheet (59K)
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 (7/20/05)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (7/25/05).
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 JULY WILL
BE THE 11TH AND 25TH.
ADJOURNMENT 3:08 PM
***
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