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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 19, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING
THE WEEKS OF DECEMBER 26, 2005 AND JANUARY 2 AND 16, 2006
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Keith Dragoo for Red
Robin International, Inc. dba Red Robin
America's Gourmet Burgers & Spirits at 2707
Pine Lake Road. (ADOPTED FOR APPROVAL, 6-1;
ESCHLIMAN DISSENTING; A-83679)
2) Application of Marti's, Inc. dba Marti's Bar and
Grill for a Class C liquor license at 1409 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-83680)
3) Manager application of Mike Figueroa for Marti's,
Inc. dba Marti's Bar and Grill at 1409 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-83681)
4) Application of Bugeater Investments, Inc. dba The
Watering Hole West for a Class C liquor license at
1550 Coddington Ave., Suite P.
(ADOPTED FOR APPROVAL, 7-0; A-83682)
5) Manager application of Bryan A. McFarland for
Bugeater Investments, Inc. dba The Watering Hole
West at 1550 Coddington Ave., Suite P.
(ADOPTED FOR APPROVAL; 7-0; A-83683)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 6 & 7 HAD
2ND READING, SEE ITEM 7)
6) 05-185 Change of Zone No. 05026A - Application of Apple's
Way LLC and Uno Properties to amend the Apple's
Way Planned Unit Development to adjust setbacks
and the maximum height in the B-2 Planned
Neighborhood Business Area, on property legally
described as a portion of Outlot E, Country
Meadows, and Lots 36, 88, 123, 155 and 156 I.T.,
all located in Section 16-9-7, Lancaster County,
Nebraska, generally located at S. 66th Street and
Highway 2. (Related Items: 05-185, 05R-297)
Fact Sheet (695K)
7) 05R-297 Preliminary Plat 05016 - Appeal of Apple's Way LLC
and Uno Properties Inc. to amend condition 1.1.4
and condition 1.2.2 for 32 residential lots in the
R-1 Residential District and 10 lots in the B-2
Planned Neighborhood Business District, on
property generally located at S. 66th Street and
Highway 2. (Related Items: 05-185, 05R-297)
(Action Date: 12/19/05) (ACTION DATE: 1/9/06)
Fact Sheet (830K)
PUBLIC HEARING - RESOLUTIONS
8) 05R-300 Authorizing the Mayor to execute a multi-year contract
per City Ordinance when funding appropriations come
from more than one fiscal year CIP for O Street
reconstruction from 45th to 52nd Street, City Project No.
701780, which includes reconstruction of 48th Street
between M and R Streets. (AMENDED #1, 4-3; COOK,
NEWMAN & SVOBODA DISSENTING; ADOPTED, 7-0; A-83684)
Fact Sheet (61K)
9) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan by
changing approximately 14 acres of Public/Semi-
Public and Green Space to Commercial use, on
property generally located at the southeast corner
of N. 84th Street and Havelock Ave. (Related
Items: 05R-301, 05R-302) (PLACED ON PENDING INDEFINITELY,
4-3; CAMP, ESCHLIMAN & SVOBODA DISSENTING)
Fact Sheet (676K)
10) 05R-302 Approving a Memorandum of Understanding between
the City and the Lancaster County Agricultural
Society associated with the Society's request for
a comprehensive plan amendment designating
approximately 14.4 acres generally located on the
southeast corner of 84th Street and Havelock
Avenue as commercial. (Related Items: 05R-301,
05R-302) (AMENDED #1, 7-0; PLACED ON PENDING INDEFINITELY,
4-3; CAMP, ESCHLIMAN & SVOBODA DISSENTING)
Fact Sheet (56K)
Attachment (394K)
11) 05R-303 Use Permit No. 33D - Application of SENHOC
Properties LLC to permit a sign within the O-3
Office Park District that does not identify the
name of the office park, on property generally
located at Haverford Drive and L Street.
(ADOPTED, 7-0; A-83685)
Fact Sheet (225K)
12) 05R-304 Assessing the costs for weed cuttings incurred by
the City from January 1, 2005 through December 31,
2005, against the various benefitted properties.
(ADOPTED, 7-0; A-83686)
Attachment (234K)
Anyone wishing to address an item on the Consent Agenda may do so
at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
13) Report of UNL Microbioligist for water testing for
the month of November, 2005. (PLACED ON FILE)
14) Setting the hearing date of Monday, January 9,
2006 at 1:30 p.m. for Application of Gas 'N Shop, Inc.
dba Discount City for a Class D Liquor License at
5560 South 48th Street, Suite #6. (ADOPTED, 7-0; A-83687)
15) Setting the hearing date of Monday, January 9,
2006 at 1:30 p.m. for Application of Prairie
Lake Mobile for a Class D Liquor License at
8600 Amber Hill Court. (ADOPTED, 7-0; A-83688)
16) MISCELLANEOUS REFERRALS
THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone No. 05082: App. of Sierra Investments,
LLC for a change from R-6 Residential District to B-3
Commercial District, on property located at
S. 21st Street and K Street.
Change of Zone No. 05083: App. of Ed Aasen for a change
from R-3 Residential District to O-3 Office Park District,
on property located at S. 75th Street and Pioneers Boulevard.
Special Permit No. 1114D: App.Gary McCown for an
amendment to the Pheasant Run Community Plan, to adjust
the setbacks, on property located at Old Cheney Road
and Pheasant Run Lane.
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances, except Resolution No. A-83676 and
Ordinance No. 18653, passed by the City Council on
December 12, 2005. (PLACED ON FILE)
Setting the hearing date of Mon. January 9, 2006 for
the App. of B & R Stores, Inc. dba RB's Liquor Store
for a reconstruction of premises at 1709 Washington.
(ADOPTED, 7-0; A-83689)
REPORTS OF CITY OFFICERS
17) 05R-298 Reappointing Greg Key and Deanne Finnegan to the
Citizen Police Advisory Board for three-year terms
expiring November 17, 2008. (ADOPTED, 7-0; A-83690)
18) 05R-299 Reappointing Ron Melbye and Tom Schleich to the
Lincoln Electric System Administrative Board for
three-year terms expiring December 31, 2008.
(ADOPTED, 7-0; A-83691)
19) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 5, 2005. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING (ITEMS 20 THRU 23 HAD 1ST READING,
SEE ITEM 22)
20) 05-186 Approving a one-year lease Agreement between the
City and the Hickman Presbyterian Church for the
lease of space by the Lincoln Area Agency on Aging
for its ActivAge Center program at 300 E. 3rd
Street, Hickman, NE.
Fact Sheet (58K)
Attachment (103K)
21) 05-187 Street Name Change 05008 - Renaming West Pemberly
Lane located north from Highland Boulevard in
Baron's Ridge Addition as Northwest Pemberly Lane.
Fact Sheet (133K)
22) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Association for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at North 24th and Superior
Streets. (PLACED ON PENDING INDEFINITELY, 7-0)
Fact Sheet (1465K)
23) 05-189 Street Vacation 05011 - Vacating the west seven (7)
feet of 23rd Street between Vine and U Streets.
Fact Sheet (224K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
24) 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) (Action Delayed 2 wks to 12/12/05)
12/12/05 - Action Delayed 1 wk to 12/19/05)
(ACTION DELAYED 3 WKS. TO 1/9/06, 7-0)
Fact Sheet (472K)
25) 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)
(Action Delayed 2 wks to 12/12/05)
(12/12/05 - Action Delayed 1 wk to 12/19/05)
(ACTION DELAYED 3 WKS. TO 1/9/06, 7-0)
Attachment (46K)
26) 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) (Action Delayed 2 wks to 12/12/05)
(12/12/05 - Action Delayed 1 wk to 12/19/05)
(AMENDED #5, 7-0; ACTION DELAYED 3 WKS. TO 1/9/06, 7-0)
Fact Sheet (815K)
Attachment (2378K)
27) 05-173 Approving the sale of City property at 9th and K Streets,
known as the K Street Power Plant. (11/14/05 - Placed
on Pending indefinitely) (11/28/05 - Reconsidered to have
P.H. 12/12/05) (PASSED WITH AMENDMENTS, 5-2;
COOK & NEWMAN DISSENTING; #18658)
Fact Sheet (66K)
Attachment (834K)
Attachment 2 (471K)
28) 05-175 Change of Zone 05070A - Amending Chapter 27.53 of
the Lincoln Municipal Code relating to Flood
Regulations for New Growth Areas by amending
Section 27.53.030 to provide development standards
on property located in the floodway, floodplain or
floodprone area. (Related Items: 05-175, 05-
177, 05-176, 05-178, 05R-283, 05R-285)
(ACTION DELAYED 3 WKS. TO 1/9/06, 5-2;
COOK & NEWMAN DISSENTING)
Fact Sheet (99K)
29) 05-177 Change of Zone 05070B - Amending Chapter 27.52 of
the Lincoln Municipal Code relating to Flood
Regulations for the Existing Urban Area by
amending Section 27.52.010 to add a reference to
floodprone area; by amending Section 27.52.020 to
add a definition for "floodprone area" and a
definition for "Watershed Master Plan"; by
amending Section 27.52.030 to add standards for
development within the floodprone areas, to
prohibit development within the floodway except as
provided in the general standards, and to provide
that the floodway shall be the area as designated
by the Federal Emergency Management Agency or by
hydrologic and hydraulic studies approved by the
City where this information is the best available
information; by amending Section 27.52.040 to
include floodprone areas; and by amending Section
27.52.050 to include floodprone areas. (Related
Items: 05-175, 05-177, 05-176, 05-178, 05R-283,
05R-285) (ACTION DELAYED 3 WKS. TO 1/9/06, 5-2;
COOK & NEWMAN DISSENTING)
Fact Sheet (99K)
30) 05-176 Miscellaneous No. 05023A - Amending Chapter 26.24
of the Lincoln Municipal Code relating to Flood
Regulations for the Existing Urban Area by
amending Section 26.24.010 to add a definition for
"floodprone area"; by amending Section 26.24.020
to provide platting and subdivision restrictions
on land located in the floodway, floodplain or
floodprone areas; by amending Section 26.24.030 to
require additional information to be shown on the
preliminary plat if the subdivision is located in
the floodprone areas. (Related Items: 05-175,
05-177, 05-176, 05-178, 05R-283, 05R-285)
(ACTION DELAYED 3 WKS. TO 1/9/06,
5-2; COOK & NEWMAN DISSENTING)
Fact Sheet (103K)
31) 05-178 Miscellaneous No. 05023B - Amending Chapter 26.25
of the Lincoln Municipal Code relating to Flood
Regulations for New Growth Areas by amending
Section 26.25.020 to provide platting and
subdivision restrictions on land located in the
floodway, floodplain or floodprone areas.
(Related Items: 05-175, 05-177, 05-176, 05-178,
05R-283, 05R-285) (ACTION DELAYED 3 WKS. TO 1/9/06,
5-2; COOK & NEWMAN DISSENTING)
Fact Sheet (103K)
32) 05R-283 To formally recognize the Beal Slough 100-year
Floodprone Areas and revised Floodway, including
updated flood elevations, as the best available
information for local flood regulation purposes.
(Related Items: 05-175, 05-177, 05-176, 05-178,
05R-283, 05R-285) (Action Date: 12/19/05)
(ACTION DELAYED 3 WKS. TO 1/9/06, 5-2;
COOK & NEWMAN DISSENTING)
Fact Sheet (76K)
Attachment (117K)
33) 05R-285 To update a portion of the Stevens Creek 100-year
Floodprone Areas and revised Floodway map adopted
in 2004, including updated flood elevations, as
the best available information for local flood
regulation purposes. (Related Items: 05-175,
05-177, 05-176, 05-178, 05R-283, 05R-285)
(Action Date: 12/19/05) (ACTION DELAYED 3 WKS.
TO 1/9/06, 5-2; COOK & NEWMAN DISSENTING)
Fact Sheet (76K)
Attachment (146K)
34) 05R-282 To formally recognize the Southeast Upper Salt
Creek 100-year Floodprone Areas, including updated
flood elevations, as the best available
information for local flood regulation purposes.
(Related Items: 05R-282, 05R-284)
(Action Date: 12/19/05) (ACTION DELAYED 3 WKS.
TO 1/9/06, 5-2; COOK & NEWMAN DISSENTING)
Fact Sheet (78K)
Attachment (65K)
35) 05R-284 To formally recognize the Cardwell Branch 100-year
Floodprone Areas and revised Floodway, including
updated flood elevations, as the best available
information for local flood regulation
purposes. (Related Items: 05R-282, 05R-284)
(Action Date: 12/19/05) (ACTION DELAYED 3 WKS.
TO 1/9/06, 5-2; COOK & NEWMAN DISSENTING)
Fact Sheet (79K)
Attachment (64K)
36) 05-184 Amending Chapter 10.14 of the Lincoln Municipal
Code to allow u-turns at street intersections,
except where specifically prohibited, by amending
Section 10.14.040 relating to Right-of-way;
amending Section 10.14.170 relating to Turning
Movements and Required Signals; amending Section
10.14.180 relating to Signals by Hand and Arm or
Signal Lamps; amending Section 10.14.190 relating
to Required Position and Method of
Turning at Intersections; amending Section
10.14.200 relating to U-Turn Only at Street
Intersections; repealing Section 10.14.210
relating to Turns on Arterial Streets in Congested
District; and amending Section 10.14.220 relating
to Turns Restricted at Intersections With
Automatic Signals. (PASSED, 7-0; #18659)
Fact Sheet (15K)
RECONSIDERATION
37) 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. (12/5/05 - Action
delayed to 12/12/05 due to tie vote)(Passed, 4-3;
Cook, Marvin, Newman Dissenting; #18653)
(MOTION TO OVERRIDE FAILED, 3-4; CAMP, ESCHLIMAN
& SVOBODA ASSENTING)
Fact Sheet (459K)
38) 05R-289 Approving a Conditional Zoning Agreement between
the City and Whitehead Oil Company for the development
of traffic and design conditions associated with a
change of Zone from R-6 Residential to B-3 Commercial
on property generally located at 21st and K Streets.
(12/5/05 - Action delayed to 12/12/05 due to tie vote)
(Amended #1, 6-1; Eschliman Dissenting; Amended #2, 4-3;
Camp, McRoy, Svoboda, Dissenting; Adopted, 4-3; Cook,
Marvin, Newman, Dissenting; A-83676)
(MOTION TO OVERRIDE FAILED, 3-4; CAMP, ESCHLIMAN
& SVOBODA ASSENTING)
Fact Sheet (49K)
Attachment (214K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED THREE WEEKS)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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, JANUARY 9, 2006 AT 1:30 P.M.:
(APPROVED, 7-0)
48) 05R-305 Authorizing acceptance of a donation of
approximately 8.3 acres of land for extension of
the Antelope Creek Trail and open space generally
located along Antelope Creek northerly of
Pioneers Blvd.
Fact Sheet (58K)
49) 05R-306 Appointing Kaci Lynch and Giovanni Jones to the
Lincoln-Lancaster Women's Commission for two-year
terms expiring January 1, 2008.
Attachment (103K)
50) 05R-307 Reappointing Jeannine Falter and Bethina Moore to
the Lincoln-Lancaster Women's Commission for two-
year terms expiring January 1, 2008.
51) 05R-308 Reappointing Patty McManus to the Lincoln Electric
System Administrative Board for a three-year term
expiring December 31, 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 (1/4/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 1/9/06.
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 JANUARY
ARE THE 9TH AND 30TH.
ADJOURNMENT 7:30 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