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Formal Agenda

 

            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, SEPTEMBER 26, 2005 AT 5:30 P.M.

                 	      ALL MEMBERS PRESENT


NOTE: THE OCTOBER NIGHT MEETING WILL BE HELD OCT. 24TH WITH AN OPEN MICROPHONE SESSION.


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Alley, Inc. dba The Alley for a
               liquor catering license for their presently
               licensed premise at 1031 M St.
	         (PUBLIC HEARING & ACTION DELAYED ONE WEEK TO              
	         10/3/05, 7-0)

2)             Application of McMore, Inc. dba Sportscasters Bar
               & Grill to expand its licensed premise by the
               addition of an irregular shaped outside area
               measuring approx. 43 ft. by 22 ft. to the
               northwest at 3048 N. 70th St. 
	         (ADOPTED FOR APPROVAL, 7-0; A-83546)


PUBLIC HEARING
ORDINANCES - 2ND  READING & RESOLUTIONS - NONE 


PUBLIC HEARING - RESOLUTIONS

 3)  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 Dist.,  Lower Platte South Natural
               Resource Dist.,  Lower Platte North Natural
               Resource Dist.,  Nebraska Game & Parks Commission, 
               Nebraska Dept. of Roads,  Papio-Missouri River
               Natural Resources Dist. & Nebraska Dept. of
               Natural Resources for Data Acquisition &
               Information System Development for the Lower
               Platte River Cumulative Impact Study - Phase 2.
               Fact Sheet (387K)
               Attachment (372K)	   
	         (ADOPTED, 6-1; ESCHLIMAN DISSENTING; A-83547)

 4)  05R-222   Approving Coyote Willys at 2137 Cornhusker Hwy. as
               a Keno satellite site.
               Fact Sheet (39K)
		   (ADOPTED, 6-1; ESCHLIMAN DISSENTING; A-83548)

 5)  05R-223   Misc. 05015 - Declaring the West O Street
               Redevelopment Area as blighted & substandard
               generally bounded by 10th St. on the east, ½
               mile west of N.W. 70th St. on the west, and either
               side of W. O St., located south of Interstate 80 &
               north of the Burlington Railroad on the south.
               (In connection w/ 05R-224)
               Fact Sheet (387K)	   
	          (ADOPTED, 7-0; A-83549)

 6)  05R-224   CPC 05008 - Adopting the West O Street
               Redevelopment Plan on property generally bounded
               by 10th St. on the east, ½ mile west of N.W.
               70th St. on the west, and either side of W. O St.,
               located south of Interstate 80 & north of the
               Burlington Railroad on the south. (In
               connection w/ 05R-223)
               Fact Sheet (387K)	   
	         (ADOPTED, 7-0; A-83550)

 7)  05R-225   Special Permit 1629F - Application of DuTeau
               Investment Co. to adjust the side yard setback
               from 50 ft. to 25 ft. to allow display vehicle
               parking, on property generally located at S. 27th
               St. & Porter Ridge Rd.
               Fact Sheet (387K)	   
	         (ADOPTED, 7-0; A-83551)

 8)  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 St. on the
               west to 17th St. on the east, and from H St. on
               the south to R St. on the north, including the
               Haymarket Dist. & Antelope Valley.
               Fact Sheet (387K)	   
	         (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83552)

 9)  05R-228   Appointing Blake Edwards to the Community Forestry
               Advisory Board for a three-year term expiring
               August 17, 2008.
	         (ADOPTED, 7-0; A-83553)

10)  05R-229   Reappointing John Williams to the Community
               Forestry Advisory Board for a three-year term
               expiring August 17, 2008. 
	         (ADOPTED, 7-0; A-83554)

                        - END OF PUBLIC HEARING -

CONSENT AGENDA:  

PETITIONS & COMMUNICATIONS 

11)            Setting the Hearing Date of Monday, Oct. 10, 2005
               at 1:30 p.m. for the App. of El Rincon Management
               Co., Inc. dba Las Margaritas Mexican Restaurant
               for a Class "I" liquor license at 2700 Jamie Lane.
	         (ADOPTED, 7-0; A-83555)

12)            Setting the Hearing Date of Monday, Oct. 10, 2005
               at 1:30 p.m. for the App. of Bruno Enterprises,
               Inc. Too dba Buffalo Wild Wings Grill and Bar for
               a Class "I" liquor license at 1328 P Street.
	         (ADOPTED, 7-0; A-83556)

13)            Setting the Hearing Date of Monday, Oct. 10, 2005
               at 1:30 p.m. for the App. of Bruno Enterprises,
               Inc. Too dba Buffalo Wild Wings Grill and Bar for
               a Class "I" liquor license at 7301 S.
               27th St., Suite 100.
	         (ADOPTED, 7-0; A-83557)

14)            Setting the Hearing Date of Monday, Oct. 10, 2005
               at 1:30 p.m. for the Man. App. of Rick Cash for
               Wilderness Ridge Golf Course located at 1800
               Wilderness Woods Place.
	         (ADOPTED, 7-0; A-83558)


15)  MISCELLANEOUS REFERRALS



REPORTS OF CITY OFFICERS

16)            Report of Nebraska Department of Roads 2006-2011
               Surface Transportation Program.(PLACED ON FILE)

                       -END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 17 THRU 21 HAD 1ST READING)

17)  05-140    Declaring the north seven feet of Lot 1, Block 3,
               Engleside Add., as surplus property, generally
               located at 22nd & Holdrege Sts.
               Fact Sheet (162K)

18)  05-141    Change of Zone 05060 - Application of the Planning
               Director for a change from P Public Use to R-2
               Residential Dist. on property generally located at
               33rd St. & Doane St.
               Fact Sheet (144K)

19)  05-142    Change of Zone 05066 - Amending Lincoln Municipal
               Code §27.63.470 "Permitted Special Use: 
               Planned Service Commercial" to add public or
               private elementary & high schools as an allowed
               use by the Planned Service Commercial special
               permit in the H-4 General Commercial Dist.
               Fact Sheet (20K)

20)  05-143    Change of Zone 2531CC - Application of Jerry &
               Annette Weber to amend the Williamsburg Village
               Planned Unit Development to adjust the rear yard
               setback from 27.5' to 20.5' to allow an addition
               to the existing house on property located at 3821
               Williamsburg Dr.
               Fact Sheet (296K)

21)  05-144    Approving a License Agreement between the City &
               Verizon Wireless LLC for the use of property in
               Antelope Park  for co-locating telecommunications
               facilities. 
               Fact Sheet (58K)
               Attachment (525K)


ORDINANCES - 3RD READING & RESOLUTIONS

22)  05-129    Amending Ordinance 17381 to allow preparation of
               detailed plans & specifications for a median along
               S. 56th St. between Madalyn Rd. & Old Cheney Rd.
               as well as to allow preparation of detailed plans
               & specifications & construction of a west leg to
               the S. 56th & Shadow Pines Dr. intersection which
               will connect S. 56th St. to Stephanie Ln. (In
               connection w/ 05R-178)  (9/19/05 - Action Delayed
               1 wk. to 9/26/05)
               Fact Sheet (30K)
               Attachment (108K)
		   (ACTION DELAYED ONE WEEK TO 10/3/05, 7-0)

23)  05R-178   Approving the removal of the existing barricade in
               Cumberland Dr. at the common line of Colonial
               Acres 2nd Add. & Jerrold Heights
               2nd Add. (In connection w/ 05-129)
               (9/19/05 - Action Delayed 1 wk. to 9/26/05)
	         (ACTION DELAYED ONE WEEK TO 10/3/05, 7-0)

24)  05-136    Approving a Lease Agreement between the City & 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)
	         (PASSED, 7-0; #18615)

25)  05-137    Change of Zone 05049 - Application of Aspen for a
               change from O-3 Office Park Dist. to B-2 Planned
               Neighborhood Business Dist. on property generally
               located at Red Rock Ln. & S. 56th St. (In
               connection w/ 05R-218, 05-138)  (Action Date:
               9/26/05)
               Fact Sheet (675K)
	         (PASSED, 7-0; #18616)

26)  05R-218   Use Permit 97A - Application of Aspen to amend the
               use permit to change the land use table & request
               a waiver to the front yard setback on property
               generally located at Red Rock Ln. & S. 56th St.
               (In connection w/ 05-137, 05-138)  (Action
               Date: 9/26/05)
               Fact Sheet (786K)	   
	         (ADOPTED, 7-0; A-83559)

27)  05-138    Change of Zone 05056 - Application of Roger &
               Carol Williams, Marvin Williams, Velda Williams,
               and Vernon Williams for a change from AG
               Agricultural Dist. to AGR Agricultural Residential
               Dist. on property generally located at S.W. 12th
               St. & W. Denton Rd. (In connection w/ 05-137,
               05R-218)
               Fact Sheet (282K)
	         (PASSED, 7-0; #18617)

28)  05-139    Change of Zone 05059 - Application of Molex, Inc.
               for a change from H-3 Highway Commercial Dist. &
               I-2 Industrial Park Dist. to I-1 Industrial Dist.,
               on property generally located at N.W. 12th St. &
               W. Bond Circle.
               Fact Sheet (278K)
	         (PASSED, 7-0; #18618)

29)  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 & a reduction of the cul-de-sac radius
               requirement from 60' to 55', on property generally
               located west of N.W. 48th St. & north of W. St.
               Paul Avenue. (In connection w/ 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)	   
		   (ADOPTED, 6-0; MARVIN ABSTAINED; A-83560)

30)  05R-170   Preliminary Plat 02007 - Application of Hartland
               Homes, Inc. to develop Hartland Homes N.W. 1st
               Add. for 70 dwelling units on approx. 12 acres,
               including a requested variance to allow unenclosed
               decks to project 10' into the required rear yard &
               a reduction of the cul-de-sac radius requirement
               from 60' to 55', on property generally located
               west of N.W. 48th St. & north of W. St. Paul
               Avenue. (In connection w/ 05R-169, 05-96, 05-
               97) (9/12/05 - Public Hearing con't. to
               9/19/05)  (Action Date: 9/26/05)
               Fact Sheet (417K)	   
	         (ADOPTED, 6-0; MARVIN ABSTAINED; A-83561)

31)  05-96     Street Vacation 02003 - Application of
               Hartland Homes Inc. to vacate W. Madison
               Avenue from a point 7.17 ft. west of the west
               line of N.W. 49th street to N.W. 53rd St.
               (In connection w/ 05R-169, 05R-170, 05-
               97) (9/12/05 - Public Hearing con't.
               to 9/19/05)  (Action Date:9/26/05)
               Fact Sheet (324K)
	         (PASSED, 6-0; NEWMAN ABSTAINED; #18619)

32)  05-97     Street Vacation 03006 - Application of
               Hartland Homes Inc., The Korean Church of
               Lincoln, and Robert & Raeann Lorence, to
               vacate W. Cleveland Avenue from the west line
               of N.W. 48th St. to the east line of Hartland
               Homes N.W. 2nd Add., generally located west
               of N.W. 48th St. & one block south of W.
               Adams St. (In connection w/ 05R-169, 05R-
               170, 05-96) (9/12/05 - Public Hearing
               con't. to 9/19/05) (Action Date:9/26/05)
               Fact Sheet (267K)
	         (PASSED, 7-0; #18620)

33)  05R-134   Comp. Plan Amendment 05014 - Amending the
               Lincoln/Lancaster County Comprehensive Plan by
               deleting references to the Theater Policy &
               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) 
               Fact Sheet (1425K)	   
	         (LOST, 0-7; 38-4508)

34)  05-85     Amending Section 27.63.630(c) of the Lincoln
               Municipal Code Zoning Ordinance for theaters
               in the B-5 Planned Regional Business Dist.,
               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 & O Sts. (In
               connection w/ 05R-134, 05-86, 05R-135, 05R-
               136) (8/22/05 - Placed on Pending to
               9/19/05 w/Public Hearing)
               Fact Sheet (370K)
	         (LOST, 0-7; #38-4509)

35)  05-86     Change of Zone 05036 - Application of Eiger
               Corporation for a change from AG Agricultural
               Dist. to B-5 Planned Regional Business Dist.
               on property generally located at S. 91st St.
               & Pine Lake Rd. (In connection w/05R-134,
               05-85, 05R-135, 05R-136) (8/22/05 -
               Placed on Pending  to 9/19/05 w/Public Hearing)
               Fact Sheet (408K)
	         (ACTION DELAYED ONE WEEK TO 10/3/05, 7-0)

36)  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 St. & Pine Lake Rd.
               (In connection w/05R-134, 05-85, 05-86, 05R-
               136)  (8/22/05 - Placed on Pending to 9/19/05
               w/Public Hearing)
               Fact Sheet (672K)	   
	         (ACTION DELAYED ONE WEEK TO 10/3/05, 7-0)

37)  05R-136   Appeal of Eiger Corporation from the Planning
               Commission denial of Use Permit 140B to allow
               950,983 sq. ft. of commercial & office floor area,
               on property generally located at S. 91st St. &
               Pine Lake Rd.(In connection w/ 05R-134, 05-85,
               05-86, 05R-135)  (8/22/05 - Placed on Pending to
               9/19/05 w/Public Hearing)
               Fact Sheet (1046K)	   
	         (ACTION DELAYED ONE WEEK TO 10/3/05, 7-0)


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 N. 7th St.
               adjacent to the south 37' of Lot 9, Block 32,
               Original Plat of Lincoln, generally located
               at N. 7th & P Sts.  (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 & 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 approx. 214 acres of
               property generally located at N. 56th St. & Arbor
               Rd. (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 &
               Zoning Agreement between the City and Roger &
               Eldonna Schwisow and Hartland Homes, Inc. relating
               to the annexation of approx. 214 acres on property
               generally located at N. 56th St. & Arbor Rd.
               (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 from AG Agricultural to R-3 Residential for
               approx. 123 acres & H-4 General Commercial for
               approx. 21 acres on property generally located at
               N. 56th St. & Arbor Rd. (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 & side yard
               setback requirements on property located at N.
               56th St. & Arbor Rd. (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 - Placed on 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 & 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, OCTOBER  3, 2005 AT 1:30 P.M.:
							(APPROVED, 7-0)

47)  05R-216   Application of Union College for the use of public
               right-of-way under Prescott St. between S. 49th &
               S. 50th Sts. for placement of a buried electrical
               service line & buried data communications line.
               Fact Sheet (39K)
               Attachment (499K)

48)  05R-230   Approving the 2005-2006 City tax rate of 0.30091
               per $100.00 of assessed valuation representing a
               2.0% increase over the 2004-2005 rate.
               Fact Sheet (57K)

49)  05R-231   Hearing on Robert A. Hoffman's Notice of Appeal
               appealing from the determination of Impact Fees
     Denial    imposed for the single-family dwelling located at
               3805 N. 44th St. & requesting a waiver or
               reduction of said fees.
               Fact Sheet (62K)

50)  05R-232   Assessing Nuisance Abatement Costs associated with
               the clearing of public nuisances by the Health
               Department to the following benefitted properties:
               5050 Prince Rd., 3436 N. 48th, 820 C, 2718 Q, 1313
               Sumner, 3017 Randolph, 2420 Holdrege, 1535 B, 2227
               Dudley, 2420 Holdrege, 2420 Holdrege, 4118 A, 4626
               Madison, 2284 W, 820 C, 2040 S. 18th.
               Fact Sheet (58K)
               Attachment (123K)

51)  05R-234   Special Permit 1786A - Application of Quin-C Inc.
               to amend the Black Forest Estates Community Unit
               Plan to permit 88 dwelling units, including an
               adjustment to a 5' front yard setback, except
               along Old Cheney Rd., with a minimum 22' setback
               for garages, an adjustment to a 5' rear yard on
               Lot 7, Block 7, and to waive the sidewalks on the
               west side of Black Forest Dr. & both sides of
               Black Forest Ct., on property generally located at
               62nd St. & Old Cheney Rd.
               Fact Sheet (804K)

52)  05R-235   Special Permit 05043 - Application of Shady Creek,
               LLC to operate an early childhood care facility
               for up to 120 children, and a requested waiver of
               the requirement to submit building plans &
               elevations and to waive the requirement that the
               facility be located on & take access to an
               arterial street, on property generally located at
               5521 Shady Creek Ct.
               Fact Sheet (494K)

53)  05R-236   Approving the submittal of a grant application to
               the Nebraska Game & Parks Commission for $20,000
               from the Land & Water Conservation Fund to assist
               with replacement of the playground in Pioneers
               Park.
               Fact Sheet (57K)

54)  05R-237   Accepting the report of new & pending claims
               against the City and approving disposition of
               claims set forth for the period of September 1 -
               15, 2005.
               Fact Sheet (13K)
               Attachment (20K)


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 (10/5/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION  (10/10/05).


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	8:16 P.M.

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                  on 5 City-TV, Cable Channel 5.

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Internet at:
                          lincoln.ne.gov
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