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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 3, 2005 AT 1:30 P.M.
NOTE: THE OCTOBER CITY COUNCIL NIGHT MEETING
WILL BE HELD ON OCT., 24TH AT 5:30
P.M. WITH AN OPEN MICROPHONE SESSION. THE
OCT. 31ST CITY COUNCIL MEETING WILL
BEGIN AT 1:30 P.M.
ALL MEMBERS PRESENT
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. (9/26/05 -
Public Hearing & Action Delayed One Week to
10/3/05)(ADOPTED FOR APPROVAL, 7-0; A-83562)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 2 THRU 6 HAD 2ND READING)
2) 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)
3) 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)
4) 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)
5) 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)
6) 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)
SPECIAL PUBLIC HEARING
7) 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)
(ADOPTED, 7-0; A-83563)
PUBLIC HEARING - RESOLUTIONS
8) 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)
(ADOPTED, 7-0; A-83564)
9) 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)
(ADOPTED, 7-0; A-83565)
10) 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)
(ADOPTED, 7-0; A-83566)
11) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 6-0; NEWMAN
ABSTAINED; A-83567)
12) 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)
(ADOPTED, 7-0; A-83568)
13) 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)
(AMENDED, 7-0;ADOPTED AS AMENDED; A-83569)
14) 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)
(ADOPTED, 7-0; A-83570)
- END OF PUBLIC HEARING -
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
15) Setting the Hearing Date of October 17, 2005 at
1:30 p.m. for App. of Downtown Brakes & Oil dba
16th Street Liquor for a Class D liquor
license located at 1601 N Street.
(ADOPTED, 7-0; A-83571)
16) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.
Change of Zone 05067 - App. of Whitehead
Oil Company for a change from R-6 to B-4 on
property at 2100 K Street.
Change of Zone 05068 - App. of R.C. Krueger
Development & Carl & Vicki Schmidt for a change
from AG to R-3 P.U.D. on property at S.
70th Street and Yankee Hill Road.
Change of Zone 05072 - App. of a change to
LMC 27.71.270 to allow for the inclusion of
existing I.T.'s to be included within the limits
of a C.U.P. & not affect the overall density.
Special Permit 1558A - App. of Pickfair
Entertainment Corp. to expand the premises
authorized for the sale of alcohol for consumption
both on and off the premises, on property located
at SW 9th Street and West O Street.
Special Permit 1883A - App. of Gerry &
Dianne Krieser to amend the Stevens Creek Pointe
Community Unit Plan to expand boundaries adding 2
lots for a total of 9 lots with requests to waive
the preliminary plat process, sidewalks, street
trees, street lighting, landscape screening &
block length on property at N. 134th
Street and Adams Street.
Special Permit 05048 - App. of Ron Harvey
for reconstruction of a nonconforming use on
property at 305 and 345 F Street.
17) MISCELLANEOUS REFERRALS
Report from City Treasurer of City Cash on hand at
the close of business August 31, 2005. (PLACED ON
FILE)
Clerk's Letter and Mayor's Approval of ordinances &
resolutions passed by Council on September 19, 2005.
(PLACED ON FILE)
Setting the Hearing Date on Monday, October 17, 2005
at 1:30 p.m. for the App. of Playmakers, Inc. dba
Playmakers for a Class "C" liquor license at 640 W.
Prospector Court, #300. (ADOPTED, 7-0; A-83572)
REPORTS OF CITY OFFICERS
18) Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on September 19,
2005.(PLACED ON FILE)
19) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended August 31, 2005.
(ADOPTED, 7-0; A-83573)
20) Report from City Treasurer of City Cash on hand at
the close of business August 31, 2005. (PLACED ON
FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 21
THRU 25 HAD 1ST READING)
21) 05-145 Amending Lincoln Municipal Code Chapter 24.38,
Onsite Wastewater Treatment Systems to assure
consistency with State regulations, Nebraska
Department of Environmental Quality Title 124
Rules and Regulations for the Design, Operation
and Maintenance of On-site Wastewater Treatment
systems and County Resolution 02-30 Onsite
Wastewater Treatment Systems. (Related Items:
05-145, 05R-238)
Fact Sheet (22K)
22) 05R-238 Amending the Design Standards Chapter 4.10
Operation and Maintenance of On-site Wastewater
Treatment Systems to assure consistency with
Nebraska Department of Environmental Quality Title
124 Rules and Regulations for the Design,
Operation and Maintenance of On-site Wastewater
Treatment Systems. (Related Items: 05-145, 05R-
238)
Fact Sheet (22K)
Attachment (367K)
23) 05-146 Approving an Agreement between the City's Lincoln
Area Agency on Aging and the First United
Methodist Church for the lease of space for the
First United ActivAge Center at14410 Folkestone
St., Waverly, Nebraska.
Fact Sheet (50K)
Attachment (57K)
24) 05-147 Change of Zone 05040 - Application of Ridge
Development Co. for a change from O-3 Office Park
Dist. to B-2 Planned Neighborhood Business Dist.
on property generally located at S. 14th St. and
Yankee Hill Rd. (Related Items: 05-147, 05R-
243)
Fact Sheet (219K)
25) 05R-243 Use Permit 05004 - Application of Ridge
Development Co. to develop Wilderness Woods
Commercial Center for 31, 500 sq. ft. of floor
area for a drive-thru restaurant, retail and
office space, with a request to adjust the yard
setbacks for individual lots, on property
generally located at S. 14th St. and Yankee Hill
Rd. (Related Items: 05-147, 05R-243)
Fact Sheet (342K)
ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS
26) 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) (9/26/05 - Action
Delayed One Week to 10/3/05)
Fact Sheet (30K)
Attachment (108K)
(ACCEPTED SUB. ORD. #2, 6-1; NEWMAN DISSENTING;
PASSED SUB. ORD. #2, 7-0; #18621)
27) 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)
(9/26/05 - Action Delayed One Week to
10/3/05) (ADOPTED, 6-1; CAMP DISSENTING; #A-83574)
28) 05-86 Change of Zone 05036 - Application of Eiger
Corp. 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) (9/26/05 - Action Delayed One
Week to 10/3/05)
Fact Sheet (408K)
(PASSED, 7-0; #18622)
29) 05R-135 Appeal of Eiger Corp. 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) (9/26/05 - Action Delayed One
Week to 10/3/05)
Fact Sheet (672K)
(ACCEPTED SUBSTITUTE. RESO., 6-1; SVOBODA
DISSENTING; ADOPTED SUBSTITUTE RESO., 7-0; A-83575)
30) 05R-136 Appeal of Eiger Corp. 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) (9/26/05 - Action Delayed One
Week to 10/3/05)
Fact Sheet (1046K)
(AMENDED, 7-0;ADOPTED AS AMENDED, 7-0; A-83576)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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 10, 2005 AT 1:30 P.M.:
(APPROVED, 7-0)
40) 05R-239 Reappointing Don Schroeder and Dan Pudenz to the
Electrical Advisory Appeals and Examining Board
for three-year terms expiring August 15, 2007.
41) 05R-240 Reappointing John Henry Zohner and Ronald Geary to
the Heating, Ventilating & Cooling Examining Board
for a three-year terms expiring on April 4, 2008
and April 4, 2007, respectively.
42) 05R-241 Reappointing Doug Biggerstaff to the Examining
Board of Plumbers for a three-year term expiring
September 4, 2007.
43) 05R-242 Reappointing Doug Biggerstaff to the Water
Conditioning Board of Examiners for a three-year
term expiring September 4, 2007.
44) 05R-244 Appointing Roger Massey to the Lincoln Housing
Board to fill an unexpired term expiring July 1,
2007.
Attachment (32K)
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 OCTOBER
ARE THE 10TH AND 24TH.
ADJOURNMENT 3:14 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