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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MARCH 21, 2005 AT 1:30 P.M. PRESENTATION BY LINCOLN POLICE CHIEF TOM CASADY 2005 JUSTICE ASSISTANCE GRANT PUBLIC COMMENTS WELCOMED (NEW GRANT WILL REPLACE THE LOCAL LAW ENFORCEMENT BLOCK GRANT AND THE BYRNE MEMORIAL FUND GRANT - THIS GRANT WILL BE SHARED BETWEEN THE CITY AND THE COUNTY TO USE FOR THE NARCOTICS PROGRAM.) ALL MEMBERS PRESENT PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of Pershing Center for a special designated license for an area measuring 200 feet by 60 feet to the south and 280 feet by 60 feet to the north of the licensed premises at 226 Centennial Mall South on April 16, 2005 from 4:00 p.m. to 11:50 p.m. (ADOPTED FOR APPROVAL, 7-0; A-83244) 2) Application of DoughBoyz Inc. d.b.a. DoughBoyz Bistro/Scrumpy Jacks for a Class I liquor license at 5400 South 56th Street, #185 and #195. (ADOPTED FOR APPROVAL, 7-0; A-83245) 3) Manager application of Monty R. Crandon for DoughBoyz Inc. d.b.a. DoughBoyz Bistro/Scrumpy Jacks at 5400 South 56th Street, #185 and #195. (ADOPTED FOR APPROVAL, 7-0; A-83246) PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 4 & 5 HAD 2ND READING) 4) 05-28 Street Name Change 05001 - Renaming Exbury Road as Exbury Court located south from Monarch Circle and generally located at Exbury Road and Thompson Creek Boulevard. Fact Sheet (115K) 5) 05-29 Ordinance approving (1) First Amendment to Site Lease from the City and the County of Lancaster, Nebraska to the Lincoln-Lancaster County Public Building Commission, (2) First Amendment to Lease Agreement from the Commission to the County and the City and (3) the issuance of not to exceed $27,000,000 of the Commission's Tax Supported Lease Rental Revenue Refunding Bonds, all with respect to the County-City Building and Hall of Justice. Attachment 1 (43K) Attachment 2 (21K) PUBLIC HEARING - RESOLUTIONS 6) 05R-55 Appointing Larry Anderson to the Community Forestry Advisory Board to fill an unexpired three-year term expiring August 17, 2006. Attachment (28K) (ADOPTED, 7-0; A-83247) 7) 05R-56 Appointing William J. Haberlan to the Veterans Memorial Garden Advisory Council to fill an unexpired three-year term expiring November 1, 2006. Attachment (114K) (ADOPTED, 7-0; A-83248) 8) 05R-60 Reappointing Charlene Gondring, Dr. Ameeta Martin, Dr. John Hansen and Dr. Dale Michels to the Emergency Medical Services Board for three-years terms expiring March 28, 2008. (ADOPTED, 7-0; A-83249) 9) 05R-57 Approving an Interlocal Agreement between the City and the County for funding the Regional Intelligent Transportation System Architecture Plan. Fact Sheet (68K) Attachment (94K) (ADOPTED, 7-0; A-83250) 10) 05R-58 Approving a contract involving the expenditure of money from appropriations of more than one year for the Beal Slough Relief Trunk Sewer - Phase I Project for the Lincoln Wastewater System. Fact Sheet (60K) (WITHDRAWN, 7-0; #38-4498) 11) 05R-59 Approving a contract involving the expenditure of money from appropriations of more than one year for the West O Trunk Sewer Extension Project for the Lincoln Wastewater System. Fact Sheet (59K) (ADOPTED, 7-0; A-83251) 12) 05R-66 Approving a transfer of appropriations in the amount of $25,000.00 from Contingency, General Fund, Account 18001.9200 to StarTran Fleet/Transfers In, Account 79500.9100 for the Ride For Five Program. (ADOPTED, 7-0; A-83252) - END OF PUBLIC HEARING - CONSENT AGENDA: PETITIONS & COMMUNICATIONS (ITEMS 13 THRU 22 ADOPTED AS ONE RESOLUTION, 7-0;A-83253) 13) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #635 for a Class D liquor license at 2330 North 1st Street. 14) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #637 for a Class D liquor license at 2710 W Street. 15) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #634 for a Class D liquor license at 2940 North 14th Street. 16) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #646 for a Class D liquor license at 3301 Holdrege Street. 17) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #632 for a Class D liquor license at 5900 Fremont Street. 18) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #663 for a Class D liquor license at 4400 Cornhusker Highway. 19) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #620 for a Class D liquor license at 1111 North Cotner Blvd. 20) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #618 for a Class D liquor license at 4750 Calvert Street. 21) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #662 for a Class D liquor license at 2040 South 56th Street. 22) Setting the Hearing Date of Monday, April 4, 2005 at 1:30 p.m. for the App. of Kwik Shop, Inc. dba Kwik Shop #650 for a Class D liquor license at 5600 Holdrege Street. 23) MISCELLANEOUS REFERRALS Clerk's Letter and Mayor's Approval of ordinances and resolutions passed by Council on March 14, 2005. (PLACED ON FILE) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT. Change of Zone 05018 - App. of Ron Tonniges from AGR Agricultural to R-3 Residential District at SE of S. 84th Street and Old Cheney Road. Change of Zone 05021 - App. of University Place Community Organization from R-6, R-5, and R-4 Residential Districts and B-3 Commercial District to R-5, R-4, & R-2 Residential Districts on property located between Cleveland Avenue and Huntington Avenue from 46th to 77th Streets; between Madison Avenue and Adams Street from 49th to 56th Streets; and between Garland and Huntington Streets from 48th to 56th Streets. Special Permit 05011 - App. of Ron Tonniges, Vintage Hills Addition Community Unit Plan for approx. 28 single family dwelling units, 10 attached single family units and 3 outlots with requests to waive the preliminary plat process, to grant the Planning Director authority to approve an administrative final plat that conforms to the CUP even though there are public streets and roadways, setbacks, radial lot line & sidewalks on property located SE of S. 84th Street and Old Cheney Road. Special Permit 05012 - App. of the Noodle Shop, Co. for the authority to sell alcoholic beverages on the premises located at 2801 Pine Lake Road. Special Permit 05013 - App. of Rosasco Properties, Inc. for a private dance studio located at S. 56th Street and Thompson Creek. Special Permit 05014 - App. of Dave R. Sutko to sell alcoholic beverages for consumption on and off the premises on property located at 2300 Judson Street. REPORTS OF CITY OFFICERS 24) Investment of Funds for the week of March 7 thru March 11, 2005. (ADOPTED, 7-0; A-83254) 25) Report from City Treasurer of cash on hand at the close of business February 28, 20005. (PLACED ON FILE) - END CONSENT AGENDA - ORDINANCES - 1ST READING (ITEM 26 HAD 1ST READING) 26) 05-31 Repealing Ordinance No. 18398 creating Sanitary Sewer District No. 1180 in South Folsom Street and West South Street, south approximately 1250 feet due to construction costs exceeding the estimated cost by more than 25%. Fact Sheet (58K) ORDINANCES - 3RD READING 27) 05-27 Amending Section 19.04.100 of the Lincoln Municipal Code relating to the Lincoln Fire Code Permits and Permit Fees to require permits for the installation of fire alarms and detection systems and establishing permit fees for such permits. Fact Sheet (107K) (PASSED, 7-0; #18515) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 28) 00-65 Change of Zone 3196 - App. of the Interim Planning Director for a change from B-1 Local Business & R-3 Residential to B-2 Planned Neighborhood Business & from R-3 Residential to AGR Agricultural Residential, on property generally located at S. Coddington Ave. & W. Van Dorn St. (In connection w/00-67) (4/17/00 - Placed on Pending) (3/5/01 - Placed on Pending) Fact Sheet (1.4M) 29) 00-67 Change of Zone 3247 - App. of the Interim Planning Director for a change from AGR Agricultural Residential & R-3 Residential to B-2 Planned Neighborhood Business, on property generally located on the southwest corner of S. Coddington Ave. & W. Van Dorn St. (In connection W/00-65) (4/17/00 - Placed on Pending) (3/5/01 - Placed on Pending) Fact Sheet (949K) 30) 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 (1.1M) 31) 02-31 Vacating a 5' x 30'6" portion of North 7th Street adjacent to the south 37' of Lot 9, Block 32, Original Plat of Lincoln, generally located at N. 7th and P Streets. (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) 32) 02-114 Amending Chapter 2.54 of the Lincoln Municipal Code by adding a new section entitled "Standards of Ethical Conduct for Employees and Elected Officials" to supplement the existing conflicts of interest regulations. (7/29/02 - Placed on Pending until a committee is formed) Fact Sheet (3K) 33) 04-188 Annexation 03001 - Amending the Lincoln Corporate Limits Map by annexing approximately 214 acres of property generally located at North 56th Street and Arbor Road. (In connection 04R-273, 04-189, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Fact Sheet (237K) 34) 04R-273 Approving the North Bank Junction Annexation and Zoning Agreement between the City and Roger & Eldonna Schwisow and Hartland Homes, Inc. relating to the annexation of approximately 214 acres on property generally located at North 56th Street and Arbor Road. (In connection w/04-188, 04- 189, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Attachment (527K) 35) 04-189 Change of Zone 3398 - Application of Hartland Homes, Inc., Rodger & Eldonna Schwisow for a change of zone from AG Agricultural to R-3 Residential for approximately 123 acres and H-4 General Commercial for approximately 21 acres on property generally located at North 56th Street and Arbor Road. (In connection w/04-188, 04R- 273, 04R-272) (10/11/04 - Placed on Pending Indefinitely) Fact Sheet (216K) 36) 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 and side yard setback requirements on property generally located at North 56th Street and Arbor Road. (In connection w/04-188, 04R-273, 04R-189, 04R- 272) (10/11/04 - Placed on Pending Indefinitely) Fact Sheet (535K) 37) 05R-29 Application of Capital Humane Society for a waiver of Lincoln Municipal Code Chapter 2.81 Living Wage Ordinance. (2/14/05 - Pending, No Date Certain) Fact Sheet (38K) Attachment (657K) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, MARCH 28, 2005 AT 5:30 P.M.: (APPROVED, 7-0) 38) 05R-61 Amending Resolution A-77032 to extend the time to consent to the conditions of approval of Special Permit No. 1577 in order to allow the new owner of the property to use the premises as a historic structure on property generally located at the southeast corner of 10th and H Streets. Fact Sheet (18K) 39) 05R-63 Accepting the report of new and pending claims against the City and approving disposition of claims set forth therein for the period of March 1 - 15, 2005. Fact Sheet (13K) Attachment (30K) 40) 05R-64 Appeal of the Planning and Public Works Departments from the Planning Commission amended approval of Use Permit 148 to develop 24,317 sq. ft. of commercial floor area on property generally located at North 27th Street north of Folkways Blvd. Fact Sheet (663K) 41) 05R-65 Comp. Plan Amendment 05001 - Amending the 2025 Lincoln City-Lancaster County Comprehensive Plan and the Future Land Use Plan to include the Stevens Creek Watershed Master Plan as a subarea plan. Fact Sheet (1745K) 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 (3/23/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (3/28/05). 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. THE OPEN MICROPHONE SESSIONS FOR MARCH WILL BE THE 14TH AND 28TH. ADJOURNMENT 2:58 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 ***