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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 12, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT MCROY
MAYOR'S AWARD OF EXCELLENCE - FOR THE MONTH OF AUGUST 2005
GREGORY BELL OF THE FIRE DEPT. IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of 8th Street Ironworks, Inc. dba
Eighth Street Ironworks to expand its licensed
premise by the addition of an outside area
measuring approximately 9 feet by 60 feet to the
south at 301 N. 8th Street. (Public Hearing &
Action con't. 2 weeks to 9/12/05) (WITHDRAWN, 5-0;
CAMP ABSENT; #38-4505)
2) Application Fat Pat's Pizza & Subs Inc. dba
Patty's Pub East to expand its licensed premise by
the addition of an outside area measuring
approximately 12 feet by 30 feet to the east at
311 N. Cotner. (DELAYED ONE WEEK T0 9/19/05, 6-0)
3) Application of Kristen E. Raasch dba KREM for a
Class I with Catering liquor license at 701 P
Street, #203.(ADOPTED FOR APPROVAL, 6-0; A-83524)
4) Application of Mulligans Inc. dba Mulligans to
expand its licensed premise by the addition of an
outside area measuring 25 feet by 25 feet to the
south of the existing beer garden at 5500 Old
Cheney Road.(ADOPTED FOR APPROVAL, 6-0; A-83525)
PUBLIC HEARING
ORDINANCES - 2ND READING & RESOLUTIONS (ITEMS 5 THRU 15 HAD 2ND
READING; SEE ITEMS #8, 9, 10, 11, 12)
5) 05-129 Amending Ordinance No. 17381 to allow preparation
of detailed plans and specifications for a median
along South 56th Street between Madalyn Road and
Old Cheney Road as well as to allow preparation of
detailed plans and specifications and construction
of a west leg to the South 56th and Shadow Pines
Drive intersection which will connect South 56th
Street to Stephanie Lane. (Related Items: 05-
129, 05R-178)(Action date 9/12/05) (8/29/05 -
Con't. Public Hearing in 2 wks. on 9/12/05) Action
Date: 9/19/05)
Fact Sheet (30K)
Attachment (108K)
6) 05R-178 Approving the removal of the existing barricade in
Cumberland Drive at the common line of Colonial
Acres 2nd Addition and Jerrold Heights
2nd Addition. (8/1/05 - Placed on
Pending Indefinitely) (Request to remove from
Pending for Public Hearing on 8/29/05)
(8/22/05 - To have Public Hearing 8/29/05)
(Related Items: 05-129, 05R-178) (Action
date 9/12/05) (8/29/05 - Con't. Public
Hearing in 2 wks. on 9/12/05) (Action Date:
9/19/05)
7) 05-130 Amending Ordinance No. 18214 to allow preparation
of detailed plans and specifications for a median
along Pioneers Boulevard from the east leg of the
South 70th Street intersection easterly to the
intersection of Pagoda Lane. (8/29/05 - Con't.
Public Hearing in 2 wks. on 9/12/05) Action Date:
9/19/05)
Fact Sheet (464K)
8) 05-135 Authorizing the issuance of not to exceed
$150,000,000 City of Lincoln, Nebraska, Lincoln
Electric System Revenue Bonds. (Request
2nd & 3rd Readings on 9/12/05) (WAIVED THE RULES TO
HAVE 2ND & 3RD READING THIS DATE, 6-0; AMENDED, 6-0;
PASSED AS AMENDED, 6-0; #18609)
9) 05R-169 Special Permit 1965 - Application of Hartland
Homes, Inc. to develop Hartland Homes N.W. 1st
Community Unit Plan for 70 dwelling units,
including a requested variance to allow
unenclosed decks to project 10' into the required
rear yard and a reduction of the cul-de-sac radius
requirement from 60' to 55', on property generally
located west of N.W. 48th Street and north of West
St. Paul Avenue. (Related Items: 05R-169, 05R-
170, 05-96, 05-97) (Action Date: 9/19/05)
(CONT. PUBLIC HEARING TO 9/19/05 W/ACTION 9/26/05,
6-0)
Fact Sheet (399K)
10) 05R-170 Preliminary Plat 02007 - Application Hartland
Homes, Inc. to develop Hartland Homes N.W. 1st
Addition for 70 dwelling units on approximately 12
acres, including a requested variance to allow
unenclosed decks to project 10' into the required
rear yard and a reduction of the cul-de-sac radius
requirement from 60' to 55', on property generally
located west of N.W. 48th Street and north of West
St. Paul Avenue. (Related Items: 05R-169, 05R-
170, 05-96, 05-97) (Action Date:
9/19/05)
Fact Sheet (417K)
(CONT. PUBLIC HEARING TO 9/19/05 W/ACTION
9/26/05, 6-0)
11) 05-96 Street Vacation 02003 - Application of
Hartland Homes Inc. to vacate West Madison
Avenue from a point 7.17 feet west of the
west line of N.W. 49th street to N.W. 53rd
Street. (Related Items: 05R-169, 05R-170,
05-96, 05-97) (Action Date: 9/19/05)
Fact Sheet (324K)
(CONT. PUBLIC HEARING TO 9/19/05 W/ACTION
9/26/05, 6-0)
12) 05-97 Street Vacation 03006 - Application of
Hartland Homes Inc., The Korean Church of
Lincoln, and Robert & Raeann Lorence, to
vacate West Cleveland Avenue from the west
line of N.W. 48th Street to the east line of
Hartland Homes N.W. 2nd Addition, generally
located west of N.W. 48th Street and one
block south of West Adams Street. (Related
Items: 05R-169, 05R-170, 05-96, 05-97)
(Action Date: 9/19/05)
Fact Sheet (267K)
(CONT. PUBLIC HEARING TO 9/19/05 W/ACTION
9/26/05, 6-0)
13) 05-132 Approving a Sublease Agreement between the City of
Lincoln and the Nebraska Building Division on
behalf of Vocational Rehabilitation, Department of
Education, for providing job training and
employment services under the Workforce Investment
Act.
Fact Sheet (55K)
Attachment (959K)
14) 05-133 Approving a Sublease Agreement between the City of
Lincoln and the Nebraska Building Division on
behalf of Nebraska Workforce Development,
Department of Labor, for providing job training
and employment services under the Workforce
Investment Act.
Fact Sheet (56K)
Attachment (904K)
15) 05-134 Change of Zone 05053 - Application of the Planning
Director for a change of zone from P Public Use
District to R-3 Residential District on property
generally located at N.W. 7th Street and N.W.
Fairway Drive.
Fact Sheet (624K)
PUBLIC HEARING - RESOLUTIONS
16) 05R-210 Approving an Agreement between the City and County
to provide the City with an appropriate facility
at the County Youth Assessment Center for
temporary detention of juveniles taken into
custody by the Lincoln Police Department.
Attachment (190K) (ADOPTED, 6-0; A-83526)
17) 05R-212 Appointing David Skipton and Patricia Owen to the
Air Pollution Control Advisory Board for three-
year terms expiring September 1, 2008.
Attachment (78K)
(ADOPTED, 6-0; A-83527)
18) 05R-213 Approving a Redevelopment Agreement between the
City and B&J Partnership for the redevelopment of
the Salvation Army building complex at 737 P
Street.
Fact Sheet (51K)
Attachment (754K)
(ADOPTED, 6-0; A-83528)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
19) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 05060 - App. of David Lewon
for a change from P to R-2 on property located at
N. 33rd Street and Doane Street.
Special Permit 05036 - App. of Gas 'N Shop
dba Tobacco Shack #67 to sell alcoholic beverages
for consumption off the premises on property
located at 6240 Havelock Avenue.
Special Permit 05044 - App. of El Rincon,
LLC to sell alcoholic beverages for consumption on
premises on property located at 2700 Jamie Lane.
20) Setting the hearing date of Monday, September 19,
2005 at 1:30 p.m. for the App. of U.N.C.R., Inc.
dba Uncle Ron's for a Class "C" liquor license at
340 W. Cornhusker Highway. (ADOPTED, 6-0;
A-83529)
21) Setting the hearing date of Monday, September 19,
2005 at 1:30 p.m. for the App. of Katch, LLC dba
Luckie's Lounge for an addition of an outdoor beer
garden at 1101 W. Bond. (ADOPTED, 6-0; A-83530)
22) Setting the hearing date of Monday, September 26,
2005 at 5:30 p.m. for the App. of Alley, Inc. dba
The Alley for a liquor catering license at 1031 M
Street. (ADOPTED, 6-0; A-83531)
23) Setting the hearing date of Monday, September 26,
2005 at 5:30 p.m. for the App. of McMore, Inc. dba
Sportscasters Bar & Grill for an addition of a
sidewalk caf‚ at 3048 N. 70th Street. (ADOPTED,
6-0; A-83532)
24) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
25) Clerk's Letter and Mayor's Approval
of Ordinances & Resolutions passed by
Council on August 29, 2005.(PLACED ON FILE)
26) Approving the distribution of funds
representing interest earnings on short-
term investments of Idle Funds during
the month ended July 31, 2005.(ADOPTED, 6-0;
A-83533)
27) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for August, 2005.(PLACED
ON FILE)
28) Report from City Treasurer of Franchise tax for
the month of July, 2005 from Aquila.(PLACED ON
FILE)
29) Report from City Treasurer of 911 Surcharge fees
for the months Oct., 2004 to June, 2005.(PLACED
ON FILE)
30) Report from City Treasurer for Telecommunications
occupation tax for the month of Apr.-June, 2005:
Fast Phones, Business Telecom, Enhanced Comm.,
American Farm Bureau, Telenational, Matrix; May,
2005: Norstan Network, OCMC; June, 2005: Norstan
Network, 360Networks, Star Number, Business Prod.
Solutions, Virgin Mobile USA, Telecorp, Air Cell,
Netifice, ONStar, Verizon Select, PNG, Opex,
Qwest, Who's Calling, VoiceCom, KDDI America, T-
Netix, Quantum Shift, IBM Global, IDT, Primus,
Trans Nat'l., UCN, CIII, Global Crossing, ComTech
21, McLeod USA, Working Assets, Accessline, ACN,
Advanced Tel, BellAtlantic, Intellicall Operator
Services, Shaffer, XO Comm., TracFone Wireless,
Cincinnati Bell Any Distance, Winstar, Nextel
West, Guaranteed Phone Service, Alltel Nebraska,
Alltel Communications of Nebraska, Alltel Systems
of the Midwest, Cellular One, USCOC of Greater
Iowa, Cricket, AT&T of Midwest, Nw Cingular
Wireless, Nebraska Technology & Telecomm.; July
2005: D& D, Nextel, Sprint Spectrum, Sprint Comm.,
Guaranteed Phone Service, Nextel West,
360Networks(USA), SBC Long Distance, Acceris, GTC,
Tri-M, Zone Telecom, NOS Comm., LDMI, Globalcom,
Lightyear, Affinity Network, Excel, NOSVA Ltd,
VarTec, Network Billing Systems, ATS Mobile.
(PLACED ON FILE)
-END CONSENT AGENDA -
ORDINANCES - 1ST READING & RESOLUTIONS (ITEMS 31 THRU 35 HAD 1ST
READING)
31) 05-136 Approving a Lease Agreement between the City and
The 3 Amigos Properties for a lease of space for a
three-year term for use by the Lincoln Police
Department.
Fact Sheet (63K)
Attachment (888K)
32) 05-137 Change of Zone 05049 - Application of Aspen for a
change of zone from O-3 Office Park District to B-
2 Planned Neighborhood Business District on
property generally located at Red Rock Lane and S.
56th Street. (Related Items: 05-137, 05-138)
(Action Date: 9/26/05)
Fact Sheet (675K)
33) 05R-218 Use Permit 97A - Application of Aspen to amend the
use permit to change the land use table and
request a waiver to the front yard setback on
property generally located at Red Rock Lane and S.
56th Street. (Related Items: 05-137, 05-138)
(Action Date: 9/26/05)
Fact Sheet (786K)
34) 05-138 Change of Zone 05056 - Application of Roger and
Carol Williams, Marvin Williams, Velda Williams,
and Vernon Williams for a change of zone from AG
Agricultural District to AGR Agricultural
Residential District on property generally located
at S.W. 12th Street and W. Denton Road.
Fact Sheet (282K)
35) 05-139 Change of Zone 05059 - Application of Molex, Inc.
for a change of zone from H-3 Highway Commercial
District and I-2 Industrial Park District to I-1
Industrial District, on property generally located
at N.W. 12th Street and West Bond Circle.
Fact Sheet (278K)
ORDINANCES - 3RD READING
36) 05-128 COZ 05004 - Application of Realty Trust Group,
Inc. for a change of zone from AG Agricultural
District to R-3 Residential District on property
generally located at South 84th Street and Old
Cheney Road; designating said property as a
Planned Unit Development; and for approval of a
development plan for 28 multi-family units and
22,000 square feet of commercial/retail floor area
in the underlying R-3 Residential District with
requested waivers of the required preliminary plat
process and modifications to the Zoning Ordinance
and Land Subdivision Ordinance.(Request to delay
action to 9/19/05)
Fact Sheet (443K)
(ACTION DELAYED ONE WEEK TO 9/19/05, 6-0)
37) 05-131 Approving an Agreement between Spirits
by Beckman and the Lincoln Area Agency
on Aging/Life for the lease of office
space for a one-year term in Saunders
County, Nebraska, for the outposted
counselor for the Life Office program.
Fact Sheet (51K)
Attachment (62K)
(PASSED, 6-0; #18610)
PENDING LIST - DATE CERTAIN
38) 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.) ( 8/15/05 - Public Hearing
con't to 9/12/05) (8/22/05 - Placed on Pending to
9/19/05)
Fact Sheet (1425K)
39) 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.) ( 8/15/05 - Public
Hearing con't. to 9/12/05) (8/22/05 - Placed on
Pending to 9/19/05)
Fact Sheet (370K)
40) 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.)
( 8/15/05 - Public Hearing con't . to
9/12/05) (8/22/05 - Placed on Pending to
9/19/05)
Fact Sheet (408K)
41) 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.) ( 8/15/05 - Public Hearing
con't . to 9/12/05) (8/22/05 - Placed on
Pending to 9/19/05)
Fact Sheet (672K)
42) 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.) 8/15/05
- Public Hearing con't. to 9/12/05)
(8/22/05 - Placed on Pending to 9/19/05)
Fact Sheet (1046K)
PENDING LIST (EXTENDED ONE WEEK)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 05R-178 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 and hourly pay range equivalents.
(8/8/05 - Action Delayed 2 wks. to
8/22/05) (8/22/05 - Placed on Pending,
No Date Certain)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 19, 2005 AT 1:30 P.M.:
(APPROVED, 6-0)
52) 05R-214 Approving the creation of a Joint Public
Agency for the City of Lincoln and
Lancaster County to provide for the
design, acquisition of land, and
construction of improvements for the
Rural to Urban Roadway Transition
Streets Program (RUTS) and the design
and acquisition of land for the East
Beltway.
Fact Sheet (60K)
53) 05R-215 Appointing Leticia Meza-Casarin to the Lincoln-
Lancaster Women's Commission for a two-year term
expiring March 1, 2007.
Attachment (18K)
54) 05R-217 Authorizing the use of the public right-of-way by
Approval The Tool House for use of the north 10 feet of
Denial public right-of-way at 800 Q Street for display
purposes.
Fact Sheet (57K)
Attachment (884K)
55) 05R-219 Appeal of Prairie Homes from the Planning Commission conditional
Approval approval of Preliminary Plat No. 05003, Highland View Addition,
Denial Condition No. 1.1.9 of the staff report requiring a full median
on Highway 34 at the temporary access and to label the intersection
as right-in, right-out only, on property generally located west
of N.W. 12th Street between Hwy. 34 and W. Alvo Road.
Fact Sheet (321K)
56) 05R-220 Accepting the report of new and pending claims against the City
and approving disposition of claims set forth for the period of
August 16 - 31, 2005.
Fact Sheet (13K)
Attachment (21K)
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 (9/20/05)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION (9/26/05).
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. OPEN MICROPHONE SESSIONS FOR SEPTEMBER ARE
THE 12TH AND 26TH.
ADJOURNMENT 4:45 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