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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 14, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO CITY COUNCIL MEETING
THE WEEK OF NOVEMBER 21ST - THANKSGIVING HOLIDAY
MAYOR'S PRESENTATION AND PUBLIC NAMING OF THE
BEREUTER PEDESTRIAN BRIDGE - FORMER CONGRESSMAN BEREUTER WAS
PRESENT FOR THE RECOGNITION.
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF OCTOBER
IS GERALDINE (JERI) SWAGGER OF THE HEALTH DEPARTMENT IN THE
CATEGORY OF PRODUCTIVITY AND CUSTOMER RELATIONS.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of From Nebraska, Inc. dba From
Nebraska Gift Shop for an addition to their Class
CK liquor license of an outside area measuring
approximately 54' by 11' to the west of the
premises at 801 Q Street. (11/7/05 - Public
Hearing & Action Delayed 1 wk to 11/14/05)
(ADOPTED FOR DENIAL, 6-1; CAMP DISSENTING; A-83624)
2) Application of Pickfair Entertainment Corp.
dba Big Red Keno Sports Bar & Grill for an
addition of an outdoor area measuring
approximately 10' by 24' to the east and the
reconstruction and expansion of an outdoor
area measuring approximately 9' by 20 to the
south of its presently licensed premises at
955 West O Street. (ADOPTED FOR APPROVAL,
7-0; A-83625)
3) Manager application of Troy Olson for Pickfair
Entertainment Corp. dba Big Red Keno Sports Bar &
Grill at 955 West O Street. (ADOPTED FOR APPROVAL,
7-0; A-83626)
4) Application of The Melting Spot, Inc. dba The
Melting Spot for a Class CK liquor license at 227
N. 9th Street. (ADOPTED FOR APPROVAL, 7-0; A-83627)
5) Manager application of Calvin Simmons for The
Melting Spot, Inc. dba The Melting Spot at 227 N.
9th Street. (ADOPTED FOR APPROVAL, 7-0; A-83628)
6) Application of JIS Properties, LLC dba Zen's for a
Class CK liquor license at 122 N. 11th Street.
(ADOPTED FOR APPROVAL, 7-0; A-83629)
7) Manager application of J. Irene Severin for JIS
Properties LLC dba Zen's at 122 N. 11th Street.
(ADOPTED FOR APPROVAL, 7-0; A-83630)
PUBLIC HEARING
ORDINANCES - 2ND READING
8) 05-166 Approving (1) Site Lease from the City and the
County of Lancaster, Nebraska to the Lincoln-
Lancaster County Public Building Commission, (2)
Lease Agreement from the Commission to the County
and the City and (3) the issuance of not to exceed
$2,000,000 of the Commission's Tax Supported Lease
Rental Revenue Bonds, series 2005, all with
respect to the acquisition of the Courthouse Plaza
Building. (Request 2nd, 3rd Readings 11/14/05)
(WAIVED RULES TO HAVE 3RD READING & ACTION ON THIS
DATE, 6-0; ESCHLIMAN ABSTAINED; PASSED, 6-0;
ESCHLIMAN ABSTAINED; #18645)
Attachment (581K)
9) 05-159 Amending Section 4.54.010 of the Lincoln Municipal
Code relating to the Community Forestry Advisory
Board by modifying the membership requirements to
eliminate the provision that at least one voting
member must reside in each of the City Council
districts.
Fact Sheet (59K)
10) 05-167 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the City's Personnel System by
amending Section 2.76.175 to clarify the procedure
to be followed when an employee in a pay range
prefixed by "A" is temporarily promoted; and
amending Section 2.76.380 to clarify the procedure
to be followed when granting family sick leave to
an employee in a pay range prefixed by E or M.
11) 05-168 Declaring approximately 35,500 square feet as
surplus property generally located at 305 and 345
F Street. (Request 2nd, 3rd Readings 11/14/05)
(MOTION TO WAIVE RULES TO HAVE 3RD READING FAILED,
4-3; CAMP, COOK & ESCHLIMAN DISSENTING)
Fact Sheet (252K)
12) 05-169 Change of Zone 05072 - Amending Title 27 of the
Lincoln Municipal Code by amending Section
27.65.080, Community Unit Plan: Design Standards;
Density, to add a provision to allow pre-existing
lots to be included within the limits of a
community unit plan without affecting the overall
density.
Fact Sheet (71K)
13) 05-170 Change of Zone 05073 - Amending Title 27 of the
Lincoln Municipal Code by amending Section
27.37.020, B-5 Planned Regional Business District:
Use Regulations, and Section 27.27.020, O-3 Office
Park District: Use Regulations, to add public and
private schools to the list of allowed uses.
Fact Sheet (22K)
14) 05-171 Amending Chapter 5.16 of the Lincoln Municipal
Code, Cable Communications, to incorporate the
cable communications regulations currently found
in Chapter 5.16 of the Lincoln Municipal Code as
updated to be in conformance with federal law with
the newly negotiated cable television franchise,
and repealing current Chapter 5.16 in its
entirety.
15) 05-172 Granting Time Warner Entertainment
Advance/Newhouse Partnership a communication
system franchise for cable television within the
City of Lincoln pursuant to and subject to the
provisions of the Lincoln Municipal Code.
Fact Sheet (13K)
Attachment (1461K)
Attachment 2 (82K)
PUBLIC HEARING - RESOLUTIONS
16) 05R-264 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16 -
31, 2005. (ADOPTED, 7-0; A-83631)
Fact Sheet (13K)
Attachment (19K)
17) 05R-257 Authorizing acceptance of a donation of
approximately seven acres of land for park and
open space purposes generally located along
Antelope Creek in the Boulder Ridge residential
development, northeasterly of S. 84th Street and
Pine Lake Road. (ACTION DELAYED FOR TWO WEEKS TO 11/28/05,
5-2; CAMP AND ESCHLIMAN DISSENTING)
Fact Sheet (68K)
18) 05R-270 Approving a transfer of appropriations in the
amount of $300,000 from the Contingency fund back
to the Urban Development CIP fund as part of the
Antelope Valley project for the relocation and
rehabilitation of three houses at 125, 135, and
145 N. 22nd Street, commonly referred to as the
"Triplets". (ADOPTED, 4-3; COOK, ESCHLIMAN & MCROY DISSENTING;
A-83632)
Fact Sheet (59K)
19) 05R-271 Misc. 05017 - Application of Developmental
Services of Nebraska, Inc. for a Reasonable
Accommodation under Title 1 of the Lincoln
Municipal Code to allow a group home in the R-4
Residential District to locate within the required
1,200 ft. separation from another group home, on
property generally located at 424 N. Coddington
Ave. (LOST, 2-5; ESCHLIMAN & SVOBODA ASSENTING; #38-4510)
Fact Sheet (712K)
20) 05R-272 Misc. 05018 - Application of Developmental
Services of Nebraska, Inc. for a Reasonable
Accommodation under Title 1 of the Lincoln
Municipal Code to allow a group home in the R-3
Residential District to locate within the required
one-half mile separation from another group home,
on property generally located at 1661 Timber Ridge
Road. (LOST, 2-5; ESCHLIMAN & SVOBODA ASSENTING; #38-4511)
Fact Sheet (840K)
21) 05R-273 Misc. 05019 - Application of Developmental
Services of Nebraska, Inc. for a Reasonable
Accommodation under Title 1 of the Lincoln
Municipal Code to allow a group home in the R-2
Residential District to locate within the required
one-half mile separation from another group home,
on property generally located at 5516 Hunts Drive.
(LOST, 2-5; ESCHLIMAN & SVOBODA ASSENTING; #38-4512)
Fact Sheet (736K)
- END OF PUBLIC HEARING -
Anyone wishing to address an item on the Consent Agenda may do so
at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
22) Setting the hearing date of Monday, Nov. 28, 2005
at 5:30 p.m. for the App. of Irie, Inc. dba Doc's
Place for a liquor catering license at 140 N.
8th St., Suite 150.(ADOPTED, 7-0; A-83633)
23) Setting the hearing date of Monday, Nov. 28, 2005
at 5:30 p.m. for the App. of M & R Ventures, LLC,
dba Bennigan's Restaurant for a Class "I" liquor
license at 8701 Andermatt Drive.(ADOPTED, 7-0; A-83634)
24) Setting the hearing date of Monday, Nov. 28, 2005
at 5:30 p.m. for the App. of Blue Orchid, LLC, dba
Blue Orchid for a Class "I" liquor license at 129
N. 10th Street. (ADOPTED, 7-0; A-83635)
25) Setting the hearing date of Monday, Dec. 5, 2005
at 1:30 p.m. for the Man. App. of Melisa Arnold
for The Keg located at 104 N. 20th Street.
(ADOPTED, 7-0; A-83636)
26) Setting the hearing date of Monday, Dec. 5, 2005
at 1:30 p.m. for the Man. App. of Brian Bierman
for TGI Friday's Restaurant located at 210 N.
48th Street. (ADOPTED, 7-0; A-83637)
27) THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone No. 05061 - App. of Ridge
Development Co. and Southview, Inc., Southwest
Village Planned Unit Development, for a change of
zone from AG Agriculture and AGR Agricultural
Residential to B-2 Planned Neighborhood Business
to allow approximately 80 dwelling units and
approximately 1,300,000 square feet of office,
retail, commercial and industrial floor area in
the underlying B-2 zoned area for property located
at South Folsom Street and West Denton Road.
Change of Zone No. 05062 - App. of Ridge
Development Co. and Southview, Inc. for a change
of zone from AG Agriculture and AGR Agricultural
Residential to R-3 Residential and R-4 Residential
for property located at South Folsom Street and
West Denton Road.
Change of Zone No. 05077 - App. of
Thunderstone LLC, Thunderstone Planned Unit
Development, for approximately 33,000 square feet
for product display, marketing, administrative
offices and production area, on property located
at NW 32nd Street and West "O" Street.
Special Permit No. 1790A - App. of Longview
Estates, Inc. for an amendment to the Longview
1st Addition Community Unit Plan, to
expand the existing boundaries to allow for an
additional wastewater treatment lagoon, with
requests to waive block length and storm water
detention on property located at SW 47th Street
and W. Van Dorn Street.
Special Permit No. 05053 - App. of Research
& Development Corp. for a special permit to have
windows on the side lot line in a commercial
historic district on property located at 311 N.
8th Street.
Special Permit No. 05054 - App. of Brian
Carstens and Associates, Rambling Rose Acres
Community Unit Plan, for approximately 8 single
family dwelling units with requests to waive block
length, waive the preliminary plat process,
sidewalks, street trees, street lighting, and
landscape screening on property located at the SW
corner of Highway 77 and Bennet Road.
Special Permit No. 05055 - App. of Raybould
Partners, Ltd., to expand the area of a non-
conforming use for the sale of alcohol for
consumption off the premises on property located
at S. 17th Street and Washington Street.
27) MISCELLANEOUS REFERRALS
Clerk's letter and Mayor's approval of Ordinances
& Resolutions passed by Council on November 7, 2005.
(PLACED ON FILE)
Consolidated Annual Performance and Evaluation
Report (CAPER) for FY2004, prepared by Urban Development
Department. (PLACED ON FILE)
Resolution accepting the City Treasurer's Investment
Report for the year ending August 31, 2005.
(ADOPTED, 7-0; A-83638)
Setting the hearing date of Monday, November 28, 2005
at 5:30 p.m. for the manager application of Clayton Wysocki of
DHABS, LLC dba Barrymore's at 124 N. 13th Street.
(ADOPTED, 7-0; A-83639)
REPORTS OF CITY OFFICERS
28) Clerk's letter and Mayor's approval of Ordinances
& Resolutions passed by Council on October 31,
2005. (PLACED ON FILE)
29) Setting the interest rate on assessments for the
Downtown Business Improvement District, the Core
Business Improvement District Overlay, and the
Downtown Maintenance District. (ADOPTED, 7-0; A-83640)
30) 05R-265 Reappointing Matt Morrissey and John Lorenzen to
the Water Conditioning Board of Examiners for
three-year terms expiring September 4, 2008.
(ADOPTED, 7-0; A-83641)
31) 05R-266 Reappointing Matt Morrissey to the Examining Board
of Plumbers for a three-year term expiring
September 4, 2008. (ADOPTED, 7-0; A-83642)
32) 05R-267 Reappointing Richard Noel to the Electrical
Advisory, Appeals, and Examining Board for a
three-year term expiring August 15, 2008.
(ADOPTED, 7-0; A-83643)
33) 05R-268 Appointing Laurie Lage to the Charter Revision
Commission to fill an unexpired term expiring July
15, 2008. (ADOPTED, 7-0; A-83644)
34) 05R-269 Appointing Scott Baird, Jessie Payne, Modesta
Putla, and Shawn Ryba to the Community Development
Task Force for three-year terms expiring August
31, 2008. (ADOPTED, 7-0; A-83645)
35) 05R-274 Reappointing Jim Arter to the Downtown Business
Area Improvement Board for a three-year term
expiring September 1, 2006. (ADOPTED, 7-0; A-83646)
36) 05R-275 Appointing Debbie Brehm, Terry Bundy, Chris
Jackson, Cinnamon Dokken, Cheryl Kruger, Scott
Miller, Rick Noyes, Robert Scott, Ed Swotek, Nick
Vuko, and Dick Young to the Downtown Business Area
Improvement Board for three-year terms expiring
September 1, 2006. (ADOPTED, 7-0; A-83647)
37) 05R-276 Reappointing Carmelia (Carmy) Anthony to the
Lincoln Commission on Human Rights for a three-
year term expiring December 31, 2008.
(ADOPTED, 7-0; A-83648)
38) 05R-277 Appointing Karla Cooper and Dick Noble to the
Lincoln Commission on Human Rights for three-year
terms expiring December 31, 2008.(ADOPTED, 7-0; A-83649)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 39 & 40 HAD 1ST READING; SEE ITEM #40)
39) 05-161 Change of Zone 05067 - Application of Whitehead
Oil Company for a change of zone from R-6
Residential District to B-3 Lincoln Center
Business District on property generally located at
2100 K Street.
Fact Sheet (459K)
40) 05-173 Approving the sale of City property at 9th and K
Streets, known as the K Street Power Plant.
(PLACED ON PENDING INDEFINITELY, 6-1; MARVIN DISSENTING)
Fact Sheet (66K)
Attachment (834K)
Attachment 2 (471K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
41) 05-162 Amending Section 10.08.010 of the Lincoln
Municipal Code regarding registration of vehicles
to provide for a rebuttal presumption that any
vehicle stored and kept for more than 30 days in
the City of Lincoln is being operated or parked on
the streets of the City and that such vehicle
shall be registered in accordance with Chapter
10.08 of the Lincoln Municipal Code.
(PASSED, 7-0; #18643)
Fact Sheet (55K)
42) 05-163 Vacation 05003 - Vacating the old South 84th
Street right-of-way west of the new alignment near
the intersection with Highway 2, generally located
north of the intersection of South 84th Street and
Highway 2. (PASSED, 7-0; #18644)
Fact Sheet (374K)
43) 05R-260 Approving a Real Estate Purchase Agreement between
the City and Herbert J. Friedman, Richard A.
Johnson, and Stuart Marx for the purchase of Lots
11 and 12, Block 130, Original Plat, and Lots A
and B, Billingsley's Subdivision of Lot 1 and all
of Lot 2, Block 145, Original Plat, Lincoln,
Lancaster County, Nebraska. (11/7/05 - Action
Delayed 1 wk to 11/14/05) (ADOPTED, 6-0 ESCHLIMAN ABSTAINED;
A-83650)
Attachment (266K)
PENDING LIST - DATE CERTAIN
44) 05-164 Annexation 05013 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 149.09 acres of property
generally located at North 84th Street and
Adams Street. (Related Items: 05-164, 05R-
262, 05-165) (11/7/05 - P.H. con't. 3
wks. to 11/28/05)
Fact Sheet (472K)
45) 05R-262 Approving the Prairie Village North Conditional
Annexation and Zoning Agreement between the City
and Dubois Land LLC, Prairie Village North LLC,
Prairie Home Builders Inc., Roland Group LLC, and
Faith Evangelical Lutheran Church, relating to the
annexation of approximately 149.09 acres,
generally located at the northeast corner of N.
84th Street and Adams Street and the use of said
149.09 acres along with approximately 23 acres
located at the southeast corner of N. 84th Street
and Adams Street under a Planned Unit Development.
(Related Items: 05-164, 05R-262, 05-165)
(11/7/05 - P.H. con't. 3 wks. to 11/28/05)
Attachment (46K)
46) 05-165 Change of Zone 05054 - Application of Prairie Home
Builders for a change of zone from AG Agricultural
District to R-3 and R-5 Residential Districts, B-2
Planned Neighborhood Business District and O-3
Office Park District, on property generally
located at N. 84th Street and Adams Street; for a
Planned Unit Development District designation of
said property; and for approval of a development
plan which proposes modifications to the Zoning
Ordinance, Land Subdivision Ordinance, and Design
Standards to allow approximately 1,161 dwelling
units in the underlying R-3 and R-5 zoned areas
(total number of allocated units is 1,071 and the
total number of available unassigned units is 90)
and approximately 585,000 square feet of office,
retail, and commercial floor area in the
underlying O-3 and B-2 zoned areas. (Related
Items: 05-164, 05R-262, 05-165) (11/7/05 -
P.H. con't. 3 wks. to 11/28/05)
Fact Sheet (815K)
Attachment (2378K)
PENDING LIST (EXTENDED ONE WEEK)
47) 01-39 Vacating the south 40' of X St. adjacent to
Lot 1, Block 6, North Lincoln Add., generally
located at N. 9th & X Its. (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)
48) 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 Its. (3/18/02 - Public Hearing
Contd. 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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, NOVEMBER 28, 2005 AT 5:30 P.M.:
(APPROVED, 7-0)
56) 05R-278 Approving Luckie's Lounge at 1101 W. Bond as a
keno satellite site.
Fact Sheet (47K)
57) 05R-279 Hearing on the Lincoln Electric System Annual
Budget for 2005. (Action Date: 12/12/05)
Fact Sheet (75K)
58) 05R-280 Approving Supplemental Agreement No. 1 between the
City, County and the State Dept. of Roads for
funding of the Lincoln South Beltway.
Fact Sheet (48K)
Attachment (164K)
59) 05R-281 Approving an Agreement between the City and the
State Dept. of Roads to resurface Highway 2 from
Van Dorn Street to Old Cheney Road.
Fact Sheet (37K)
Attachment (288K)
60) 05R-286 Approving a Redevelopment Agreement between the
City and Village Development - O Street, LLC, West
Gate Bank, and the Eating Establishment
48th & O, for the redevelopment of the
southeast corner of 48th and O Streets in
connection with City Specification No. 05-049,
Subproject Area B.
Attachment (3361K)
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 (11/23/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
11/28/05.
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 NOVEMBER
ARE THE 14TH AND 28TH.
ADJOURNMENT 6:50 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