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City of Lincoln City Council Office Formal Agenda | |
Some resolutions and fact sheets are not available due to the shut down of the Hall of Justice.
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 19, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) 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. (9/12/05 - Public Hearing con't.
to 9/19/05) (ADOPTED FOR APPROVAL, 7-0; A-83534)
2) Manager application of Christy McMahan for Jack's
Bar & Grill at 100 N. 8th Street. (ADOPTED FOR
APPROVAL, 6-0; CAMP CONFLICT OF INTEREST; A-83535)
3) Manager application of Daniel Haugland for Big Red
Keno Sports Bar & Grill at 955 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-83536)
4) Application of Jose S. Ruiz dba Slapshotz Bar &
Grill for a liquor catering license at 1245 Libra
Drive, Suite 110. (ADOPTED FOR APPROVAL, 7-0;
A-83537)
5) Application of Katch LLC dba Luckie's Lounge to
expand its licensed premises by the addition of an
outside area measuring approximately 130 feet by
150 feet to the north at 1101 West Bond Street.
(ADOPTED FOR APPROVAL, 7-0; A-83538)
6) Application of U.N.C.-R, Inc. dba Uncle Ron's for
a Class C liquor license at 340 Cornhusker
Highway. (ADOPTED FOR APPROVAL, 7-0;
A-83539)
7) Manager application of Ronald Tegtmeier for
U.N.C.-R, Inc. dba Uncle Ron's at 340 Cornhusker
Highway. (ADOPTED FOR APPROVAL, 7-0; A-83540)
PUBLIC HEARING
ORDINANCES - 2ND READING & RESOLUTIONS (ITEMS 8 THRU 21 HAD 2ND
READING)
8) 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)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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) (9/12/05 - Public Hearing
con't. to 9/19/05) Action Date: 9/26/05)
Fact Sheet (399K)
14) 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) (9/12/05 - Public
Hearing con't. to 9/19/05) (Action Date:
9/26/05)
Fact Sheet (417K)
15) 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) (9/12/05 - Public
Hearing con't. to 9/19/05) (Action
Date: 9/26/05)
Fact Sheet (324K)
16) 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)
(9/12/05 - Public Hearing con't. to
9/19/05) (Action Date: 9/26/05)
Fact Sheet (267K)
17) 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 w/Public Hearing)
Fact Sheet (1425K)
18) 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 w/Public Hearing)
Fact Sheet (370K)
19) 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
w/Public Hearing)
Fact Sheet (408K)
20) 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 w/Public Hearing)
Fact Sheet (672K)
21) 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 w/Public
Hearing)
Fact Sheet (1046K)
PUBLIC HEARING - RESOLUTIONS
22) 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)
(ADOPTED, 7-0; A-83541)
23) 05R-215 Appointing Leticia Meza-Casarin to the Lincoln-
Lancaster Women's Commission for a two-year term
expiring March 1, 2007.
Attachment (18K)
(ADOPTED, 7-0; A-83542)
24) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;
A-83543)
25) 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)
(ADOPTED 5-2; COOK, NEWMAN DISSENTING; A-83544)
26) 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)
(ADOPTED, 7-0; A-83545)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
27) Report of UNL Microbiologist for water testing for
the month of August 2005.(PLACED ON FILE)
28) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 05065 - Requested by City
Law Dept. at the request of Jonathan Cook to amend
Title 27 of the LMC relating to the Zoning
Ordinance by amending Sec. 27.27.080, 27.28.090,
27.31.100, 27.37.070, 27.51.100, 27.57.180,
27.63.025 & 27.82.110 to modify the City Council's
action on a matter appealed to the City Council
Change of Zone 05070 - App. of Public Works
Director to amend Chapter 27.52 of the LMC
relating to Flood Regulations for the Existing
Urban area and to amend Sections 27.52.010,
27.52.020, 27.52.030, 27.52.040, & 27.52.050.
Also, Amending Chapter 27.53 relating to Flood
Regulations for New Growth areas and Sections
27.53.030.
Special Permit 2022A - App. of J & D
Leasing, Inc. and Jim Williamson for an amendment
to allow an additional ground sign on property
located at the NE corner of S. 27th St. &
Yankee Hill Rd.
Special Permit 05045 - App of Jason
Robinson for the expansion of a non-standard
dwelling unit into the front yard setback on
property located at 1404 N. 67th Street.
Special Permit 05046 - App. of Lighthouse
for a nonprofit educational philanthropic
institution on property located at 2601 N St.,
2615 N St., 220 S. 26th St., all
connected.
29) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
30) Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on September 12,
2005. (PLACED ON FILE)
-END CONSENT AGENDA -
ORDINANCES - 1ST READING & RESOLUTIONS - NONE
ORDINANCES - 3RD READING
31) 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 for one week to
9/19/05) (9/12/05 - Delay Action to
9/19/05)
Fact Sheet (443K)
(AMENDMENT, LOST 3-4, CAMP, ESCHLIMAN & SVOBODA
ASSENTING; PASSED, 6-0; MARVIN ABSTAINED; #18611)
32) 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)
(ACTION DELAYED ONE WEEK TO 9/26/05, 7-0)
33) 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) (ACTION DELAYED ONE WEEK TO 9/26/05, 7-0)
34) 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)
(LOST, 0-7; #38-4506)
35) 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)
(PASSED, 7-0; #18612)
36) 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)
(PASSED, 7-0; #18613)
37) 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)
(PASSED, 7-0; #18614)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 05-107 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)
Fact Sheet (137K)
Attachment (127K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 26, 2005 AT 5:30 P.M.:
(APPROVED, 7-0; SEE ITEM 53)
47) 05R-221 Approving an Interlocal Agreement
between the City of Lincoln Water
Department, Lower Platte River Corridor
Alliance, Nebraska Land Trust, U. S.
Geological Survey, U.S. Fish & Wildlife
Service, University of Nebraska, Center for
Advanced Land Management Information
Technologies, Metropolitan Utilities
District, Lower Platte South Natural
Resource District, Lower Platte North
Natural Resource District, Nebraska Game &
Parks Commission, Nebraska Department of
Roads, Papio-Missouri River Natural
Resources District and Nebraska Department
of Natural Resources, for Data
Acquisition and Information System
Development for the Lower Platte River
Cumulative Impact Study - Phase 2.
Fact Sheet (387K)
Attachment (372K)
48) 05R-222 Approving Coyote Willys at 2137
Cornhusker Highway as a Keno satellite
site.
Fact Sheet (39K)
49) 05R-223 Misc. 05015 - Declaring the West O Street
Redevelopment Area as blighted and
substandard generally bounded by 10th
Street on the east, ½ mile west of
N.W. 70th Street on the west, and either
side of West O Street, located south of
Interstate 80 and north of the Burlington
Railroad on the south. (Related Items:
05R-223, 05R-224)
Fact Sheet (387K)
50) 05R-224 CPC 05008 - Adopting the West O Street
Redevelopment Plan on property generally
bounded by 10th Street on the east,
½ mile west of N.W. 70th Street on
the west, and either side of West O
Street, located south of Interstate 80
and north of the Burlington Railroad on
the south. (Related Items: 05R-223,
05R-224)
Fact Sheet (387K)
51) 05R-225 Special Permit 1629F - Application of
DuTeau Investment Company to adjust the
side yard setback from 50 feet to 25 feet
to allow display vehicle parking, on
property generally located at South 27th
Street and Porter Ridge Road.
Fact Sheet (387K)
52) 05R-226 Comp. Plan Amendment 05015 - Approving
the Downtown Master Plan as a recognized
subarea plan in the 2025 Lincoln-
Lancaster County Comprehensive Plan in
the area generally from 6th Street on the
west to 17th Street on the east, and from
H Street on the south to R Street on the
north, including the Haymarket District
and Antelope Valley.
Fact Sheet (387K)
53) 05R-227 Approving the application to the Nebraska
Game & Parks Commission for a Recreation
Trail Program Grant for providing
financial assistance for the .5 mile
Cavett Connector Trail connecting the
Tierra/Williamsburg Trail to the Yankee
Hill Road Trail. WITHDRAWN, 7-0;
38-4507)
54) 05R-228 Appointing Blake Edwards to the Community
Forestry Advisory Board for a three-year
term expiring August 17, 2008.
55) 05R-229 Reappointing John Williams to the
Community Forestry Advisory Board for a
three-year term expiring August 17, 2008.
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 (9/21/05) 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 5:45 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