InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
City of Lincoln
City Council Office


Formal Agenda
 

            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                       MONDAY, JULY 24,  2006 AT 1:30 P.M.
  

                        ALL MEMBERS PRESENT    

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Ren‚ Longoria dba Arturo's to
               expand its Class I liquor license by an addition
               of an outside caf‚ area measuring approximately 18
               ft. by 24 ft. to the north on property generally
               located at 803 Q Street, #150. (ADOPTED FOR
               APPROVAL, 7-0; A-83935)

2)             Application of Guadalajara, Inc. dba Las
               Margaritas for a Class C liquor license at 2700
               Jamie Lane.(ADOPTED FOR APPROVAL, 7-0;A-83936)

3)             Manager application of Guillermo Haro for
               Guadalajara, Inc. dba Las Margaritas at 2700 Jamie
               Lane.(ADOPTED FOR APPROVAL, 7-0;A-83937)

4)             Manager application of Michael T. Tucker for
               Sandy's Inc. dba Sandy's at 1401 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-83938)

5)             Application of Gas 'N Shop Inc. dba Cappy's for a
               Class I liquor license at 5560 S. 48th Street, #4.
               (ADOPTED FOR APPROVAL, 7-0; A-83939)

6)             Manager application of John F. Caporale for Gas 'N
               Shop Inc. dba Cappy's at 5560 S. 48th Street, #4.
               (ADOPTED FOR DENIAL, 7-0; A-83940)

7)             Application of Planet Subs Nebraska, LLC dba
               Planet Subs for a Class I liquor license at 1332 P
               Street.(ADOPTED FOR APPROVAL, 7-0; A-83941)

8)             Manager application of Paul Bowers for Planet Subs
               Nebraska, LLC dba Planet Subs at 1332 P Street.
               (ADOPTED FOR APPROVAL, 7-0;A-83942)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS #'S 9 THRU 19 HAD 2ND READING; SEE ITEMS 9 & 10)

9)   06-86     Authorizing execution and delivery of the
               Development Agreement between the City and
               various owners for the development of
               approximately 726 acres of property generally
               located at S. 84th Street and Rokeby Road and
               for the issuance of bonds for the
               installation of infrastructure to serve the
               area. (Related Items: 06-86, 06R-110)
               (6/12/06 - Public Hearing & 2nd Reading cont'd
               to 7/10/06) (7/10/06 - P.H. & 2nd Reading
	         con't. to 7/24/06)(PUBLIC HEARING & 2ND READING 
               CONTINUED TO 8/28/06, 7-0)
               Attachment (27K)
		   

10)  06R-110   Comp. Plan Amendment 06002 - Amending the 2025
               Lincoln-Lancaster County Comprehensive Plan to (a)
               amend the 2025 Future Service Limit to add land
               west of 98th Street from Yankee Hill Road to one-
               half mile south of Rokeby Road; (b) amend the
               Urban Growth tier and associated maps in the same
               area from Tier I, Priority B, to Tier I, Priority
               A, and land from Tier II to a mix of Tier I,
               Priority A and B; and (c) to change the land use
               in the area being added to the Future Service
               Limit from Agricultural to Urban Residential.
               (Related Items: 06-86, 06R-110) (Action Date:
               6/19/06) (6/12/06 - Public Hearing &
               2nd Reading cont'd to 7/10/06)
               (7/10/06 - P.H. & 2nd Reading con't. to 7/24/06)
               (PUBLIC HEARING & 2ND READING CONTINUED TO 8/28/06, 
	         7-0)
               Fact Sheet (570K)

11)  06-113    Change of Zone 06023 - Amending Chapter 27.80 of
               the Lincoln Municipal Code relating to Zoning to
               increase and amend fees for application of a
               change of zone, downzones, planned unit
               developments, use permits, community unit plans,
               special permits, administrative amendments,
               changes in text, postponement fees, and waiver of
               fees. (Related Items: 06-113, 06-114, 06-115,
               06R-146)
               Fact Sheet (52K)

12)  06-114    Misc. 06005 - Amending Chapter 26.33 of the
               Lincoln Municipal Code relating to Land
               Subdivision to increase application fees for final
               plats, preliminary plats, change in text, waivers
               and appeals, and postponements. (Related Items:
               06-113, 06-114, 06-115, 06R-146)
               Fact Sheet (71K)

13)  06-115    Amending Section 14.20.020 of the Lincoln
               Municipal Code to increase the application fee for
               the vacation of public ways. (Related Items:
               06-113, 06-114, 06-115, 06R-146)
               Fact Sheet (15K)

14)  06R-146   Approving an increase in application fees for
               comprehensive plan amendments and comprehensive
               plan conformance. (Related Items: 06-113, 06-
               114, 06-115, 06R-146) (Action Date: 7/31/06)
               Attachment (16K)

15)  06-119    Authorizing and providing for the issuance of
               revenue bonds of the Solid Waste Management
               Enterprise of the City of Lincoln, Nebraska.

16)  06-120    Authorizing the issuance of not to exceed
               $4,500,000 aggregate principal amount of Solid
               Waste Management Revenue Bonds.

17)  06-121    Amending and adding sections to Chapter 10.14
               (Rules of the Road) and Chapter 10.48 (Bicycles)
               within Title 10 of the Lincoln Municipal Code
               relating to Vehicles and Traffic to define bicycle
               lanes and to regulate the use of bicycle lanes.
               Fact Sheet (13K)

18)  06-122    Street Name Change 06002 - Renaming that portion
               of N. 14th Street from Cornhusker Highway south to
               Military Avenue and that portion of N. 19th Street
               from R Street south to O Street as North Antelope
               Valley Parkway; renaming that portion of S. 19th
               Street from O Street south to K street as South
               Antelope Valley Parkway; and renaming the new
               east/west roadway from 10th Street northeast to
               33rd and Superior Streets as Salt Creek Roadway.
               Fact Sheet (52K)

19)  06-124    Change of Zone 06041 - Application of
               Schroeder/Klein Investments for a change of zone
               from AG Agricultural District to I-3 Employment
               Center District, on property generally located at
               S. 14th Street and Yankee Hill Road.
               Fact Sheet (215K)


PUBLIC HEARING - RESOLUTIONS

20)  06R-139   Approving an agreement between the city and The
               Hartford to provide life insurance for City of
               Lincoln employees for a four year period. 
               (ADOPTED, 7-0; A-83943)
               Fact Sheet (50K)
               Attachment (750K)

21)  06R-141   Approving the Budget and Program of Work for
               Downtown Lincoln Association's FY 2006 - 2007
               Management and Maintenance District. (ADOPTED,
               7-0; A-83944)
               Fact Sheet (56K)
               Attachment (457K)

22)  06R-144   Use Permit 04006A - Application of Rembolt
               Development to amend Barons Ridge 1st Addition to
               reduce the rear yard setback from 30' to 25' on
               Lots 1 - 10, Block 2, and from 30' to 20' on Lots
               1 - 8, Block 1, Baron's Ridge 1st Addition,
               generally located at West Highlands Blvd. and N.W.
               1st Street. (ADOPTED, 7-0; A-83945)
               Fact Sheet (246K)

23)  06R-145   Approving a Revised Interlocal Agreement between
               the City, County, and the Public Building
               Commission to amend Section 9 to clarify insurance
               coverage between the City and County.(ADOPTED, 
               7-0; A-83946)
               Fact Sheet (59K)
               Attachment (509K)

Anyone wishing to address an item on the Consent Agenda may
do so at this time

                    - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

24)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPT.:
               Change of Zone 06044  - App. of Will and
               Lisa Ross from R-2 Residential District to B-1
               Local Business District located at A Street and
               Maxwell Street, Walton, NE.
               Special Permit 1940A - App. of Hartland
               Homes, Inc. for an amendment to the Cardinal
               Heights Community Unit Plan to adjust the lot
               lines and waiver requests to reduce lot area and
               average lot width located at NW 56th
               Street and Redberry Lane.
               Special Permit 06042 - App. of St.
               Patrick's Church for a dwelling for members of a
               religious order on property located at N.
               61st Street and Morrill Avenue.
               Special Permit 06043 - App. of Esmeraldo
               Lopez for expansion of non-conforming use on
               property at S. 2nd Street and K Street.


25)       MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

26)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by Council on July 10, 2006.
               (PLACED ON FILE)

27)            Report of City Treasurer of City cash on hand at
               the close of business June 30, 2006. (PLACED ON 
               FILE)

28)  06R-142   Reappointing Martha Hettenbaugh, Barry Moore,
               Ruthelen Sittler, and Carl Tesch to the Lincoln
               Area Agency on Aging Advisory Board for three-year
               terms expiring July 1, 2009.(ADOPTED, 7-0;
               A-83947)

                    - END CONSENT AGENDA -

                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 29 HAD 1ST READING)

29)  06-125    Amending Sections 10.16.030 and 10.16.040 of the
               Lincoln Municipal Code by making additional
               amendments to the penalty provisions for driving
               under the influence and refusal to submit to
               alcohol testing to conform with penalties
               proscribed by state statutes as required by law.
               Fact Sheet (14K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

30)  06-108    Annexation 05008 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 226 acres of
               property generally located at North 14th Street
               and Military Road (Nebraska State Fair Park).
               (PASSED, 7-0; #18768)
               Fact Sheet (316K)

31)  06-111    Change of Zone 06036 - Application of the Planning
               Director for a change of zone from County I
               Industrial District to City I-1 Industrial
               District on property generally located at the
               northeast corner of 134th and O Streets.(PASSED, 
               7-0; #18769)
               Fact Sheet (169K)

32)  06-112    Change of Zone 06039 - Amending Title 27 of the
               Lincoln Municipal Code to allow outdoor dining,
               when associated with a restaurant, in the front
               yard of the O-3, B-1, B-2, B-3, B-4, B-5, H-1, H-
               2, H-3, H-4, I-1, I-2, and I-3 zoning districts;
               by amending Section 27.71.100 where patios and
               paved terraces are allowed in the front yard; by
               amending Section 27.71.115 to allow canopies in
               the front yard in the O-3, B-3, B-5, H-4, I-1, and
               I-3 zoning districts; by adding a section to
               Chapter 27.03 to add a definition for outdoor
               dining; by amending Section 27.71.030 to add the
               O-3 district; by amending Section 27.27.070 to
               require the entire front yard to be landscaped,
               except for necessary paving of walkways and
               driveways to reach parking and loading areas,
               provided that any driveway in the front yard shall
               be substantially perpendicular to the street and
               shall not be wider than thirty feet; by amending
               Chapter 27.67, Parking, to exempt outdoor dining
               off-street parking requirements. (PASSED, 7-0;
               #18770)
               Fact Sheet (90K)

33)  06-116    Annexation 06004 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 51.1 acres of
               property generally located at South 91st Street
               and Andermatt Drive. (Related Items: 06-116,
               06-117, 06R-134) (PASSED, 7-0; #18771)
               Fact Sheet (405K)

34)  06-117    Change of Zone 06016 - Application of Eiger Corp.
               for a change of zone from AG Agricultural to R-3
               Residential and from AG Agricultural to O-3 Office
               Park District on property generally located at
               South 91st Street and Andermatt Drive. (Related
               Items: 06-116, 06-117, 06R-134)(PASSED, 7-0; #18772)
               Fact Sheet (529K)

35)  06R-134   Use Permit 06003 - Application of Eiger Corp. to
               develop 50,000 square feet of office space,
               including requested waivers to adjust front, side
               and rear setbacks, to allow transfer of wastewater
               from one drainage basin to another, to allow
               sanitary sewer to exceed maximum depth, to exceed
               minium tangent length between non-compound
               horizontal curves, to allow sanitary sewer to be
               constructed non-parallel to the centerline of the
               street, to allow lot lines non-perpendicular to
               the right-of-way, to allow lots that do not front
               upon a public street or private roadway, and to
               adjust location of the sign allowed at the
               entrance of the office park, on property generally
               located at South 91st Street and Andermatt Drive.
               (Related Items: 06-116, 06-117, 06R-134)
               (Action Date: 7/24/06) (ADOPTED, 7-0;A-83948)
               Fact Sheet (671K)

36)  06-118    Vacation 05010 - Vacating the east/west alley
               located 100 feet east of vacated 49th Street
               between Prescott and Lowell Avenues.(PASSED,
               7-0; #18773)
               Fact Sheet (148K)

37)  06R-136   Adopting the Schedule of Costs for sidewalk permit
               fees for new sidewalk construction in residential
               and commercial areas. (7/17/06 - Action Delayed
               1 wk. to 7/24/06) (ADOPTED, 5-2; COOK & ESCHLIMAN 
               DISSENTING;A-83949)
               Fact Sheet (58K)


PENDING LIST - DATE CERTAIN  (SEE ITEM #38)

38)  06-107    Amending Chapter 9.36 of the Lincoln Municipal
               Code by adding a new section numbered 9.36.130 to
               prohibit the carrying of concealed weapons and
               adding a new section numbered 9.36.140 to provide
               definitions.  (6/26/06 - Placed on Pending to
               have Public Hearing & 2nd Reading on 7/31/06)
               (WITHDRAWN, 5-2; COOK & MARVIN DISSENTING; #38-4531)
               Fact Sheet (59K)

39)  06R-121   Approving an Agreement between the City and the
               County of Lancaster to contribute equally the
               local matching portion of the Federal Funds
               obligated for the East Beltway Preliminary Design,
               Corridor Protection, and ROW (State Proj. #DPU-55
               (156), Control #12848, City #542702).  (6/26/06
               - Public Hearing & Action continued to
               7/10/06) (7/10/06 - P.H. & 2nd
               Reading con't. to 8/7/06)
               Fact Sheet (48K)

40)  06R-122   Approving an Agreement between the City and the
               Nebraska Department of Roads for Federal funds to
               be obligated and used for the East Beltway
               Preliminary Design, Corridor Protection, and ROW
               (State Proj. #DPU-55 (156), Control #12848, City
               #542702). (6/26/06 - Public Hearing & Action
               continued to 7/10/06) (7/10/06 - P.H. &
               2nd Reading con't. to 8/7/06)
               Fact Sheet (47K)


PENDING LIST (EXTENDED ONE WEEK)

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)

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-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)(12/19/05 -
               Placed on Pending Indefinitely)
               Fact Sheet (676K)

47)  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)
               (12/19/05 - Placed on Pending Indefinitely)

48)  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. (12/19/05 - Placed on Pending
               Indefinitely)
               Fact Sheet (1465K)

49)  06-16     Repealing Chapter 14.44 of the Lincoln
               Municipal Code relating to Obstructions on
               Corner Lots as the requirements set forth in
               Chapter 14.44 would be more appropriately
               addressed in the City of Lincoln Design
               Standards.(2/27/06 - Placed on Pending for
               8 wks to 4/24/06 (Action only) ) (4/17/06 -
               Moved to Pending List, No Date Certain)
               Fact Sheet (14K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, JULY 31, 2006 AT 5:30 P.M.:
                                          (APPROVED, 7-0)

50)  06R-147   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 1 - 15,
               2006.
               Fact Sheet (13K)
               Attachment (20K)

51)  06R-148   Appointing Clyde Tyndall to the Lincoln Commission
               on Human Rights to fill an unexpired three-year
               term expiring December 31, 2007.
               Attachment (27K)

52)  06R-149   Appointing Ruth Jones to the City Personnel Board
               to fill an unexpired five-year term expiring June
               22, 2010.
               Attachment (43K)


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 (7/26/06)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 7/31/06.


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 JULY ARE
     THE 17TH AND 31ST .
     


ADJOURNMENT 3:57 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 Meetings