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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, AUGUST 15, 2005 AT 1:30 P.M.
MAYOR'S AWARD OF EXCELLENCE - KIMBERLY RETTIG, NURSE FOR THE
HEALTH DEPARTMENT, IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Granite City Food & Brewery
Ltd. dba Granite City Food & Brewery for an
addition of an outside sidewalk caf‚ area
measuring approximately 54 feet by 18 feet to
the east of the building at 6150 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-83467)
2) Manager application of Margaret E. Stine for
Concord Neighborhood Corporation dba Applebee's
Neighborhood Grill & Bar at 3730 Village Drive,
3951 N. 27th Street, 6100 O Street, Unit C-318,
and 1133 Q Street.
(ADOPTED FOR APPROVAL, 7-0; A-83468)
3) Application of 513 Vegas Group LLC dba Opulence
Ultra Club for a Class C liquor license at 1033 O
Street, Suite 10.
(MOTION FOR DENIAL, LOST 3-4; CAMP, COOK, ESCHLIMAN
ASSENTING; ADOPTED FOR APPROVAL, 4-3;CAMP, COOK,
ESCHLIMAN DISSENTING; A-83469)
4) Manager application of Omar Saenz for 513 Vegas
Group LLC dba Opulence Ultra Club at 1033 O
Street, Suite 10. (ADOPTED FOR APPROVAL, 4-3; CAMP,
COOK, ESCHLIMAN DISSENTING; A-83470)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (ITEMS 5 THRU 13 HAD
2ND READING)
5) 05-116 Repealing Section 10.48.090 of the Lincoln
Municipal Code relating to the sale of abandoned
or seized bicycles
Fact Sheet (64K)
6) 05-117 Amending Chapter 8.06 Air Pollution, 8.20 Food
Code, 8.24 Noise Control, 8.38 Public Swimming
Pools, 8.40 Spa Facilities, 8.44 Water Wells, and
24.38 on-site WasteWater Treatment, to increase
fees for various permits and to create fees for
noise variances.
Fact Sheet (73K)
7) 05-118 Approving a transfer of appropriations and cash
between certain capital improvement projects
within the Water Construction Fund, Street
Construction/Vehicle Tax Fund, Parking Revenue
Fund, and Sanitary Sewer Construction Fund within
the Public Works & Utilities Department.
Fact Sheet (54K)
8) 05R-190 Comp. Plan Amendment 05013 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan to
change the land use designation from Commercial
and Industrial to Urban Residential on property
generally located along Humphrey Avenue between N.
14th and N. 27th Streets. (Related Items: 05R-
190, 05-119, 05R-191, 05R-120) (Action Date:
8/22/05)
Fact Sheet (1684K)
9) 05-119 Annexation 05009 - Amending the Lincoln Corporate
Limits Map by annexing approximately 22 acres of
property generally located northwest of I-80 and
N. 27th Street. (Related Items: 05R-190, 05-
119, 05R-191, 05R-120)
Fact Sheet (643K)
10) 05R-191 Approving the Stone Bridge Creek - The Villas
Conditional Annexation and Zoning Agreement
between the City and Stonebridge Creek, LLC
relating to the annexation of approximately 22
acres, generally located northwest of the I-80 and
North 27th Street Interchange. (Related Items:
05R-190, 05-119, 05R-191, 05R-120) (Action Date:
8/22/05)
Fact Sheet (50K)
Attachment (28K)
11) 05-120 Change of Zone 04081 - Application of Stone Bridge
Creek LLC for a change of zone from I-3 Employment
Center District to R-3 Residential District and
from AG Agricultural District to I-3 Employment
District on property generally located northwest
of I-80 and N. 27th Street.(Related Items: 05R-
190, 05-119, 05R-191, 05R-120)
Fact Sheet (1066K)
12) 05-121 Change of Zone 04063 - Amending Chapter 27.68 of
the Lincoln Municipal Code, Personal Wireless
Facilities, to delete the requirement for an
administrative permit to collocate on existing
facilities, to clarify how the fall zone is
measured, and to delete the definition of
"Modification".
Fact Sheet (19K)
13) 05-122 Street Name Change 05006 - Renaming Blaine Court
as Blaine Drive generally located on the east side
of Enterprise Drive, 1/4 mile north of Folkways
Blvd. in Tabitha New Community.
Fact Sheet (625K)
PUBLIC HEARING - RESOLUTIONS
14) 05R-163 Appeal of Cindy J. Swanson from the Planning
Approval Commission denial of Special Permit No. 05032 for
Denial authority to expand a non-conforming use to allow
an outdoor beer garden at The Library Lounge at
6891 A Street, Suite 200. (7/25/05 - P.H.
con't. 3 wks to 8/15/05)
(ADOPTED FOR DENIAL, 5-2; MCROY, NEWMAN DISSENTING;
A-83471)
Fact Sheet (919K)
15) 05R-165 Misc. 05012 - Application of Developmental
Services of Nebraska, Inc. to allow a group home
in the R-1 Residential District to locate within
the required ½ mile separation from another
group home, on property generally located at 4000
Lindsey Circle. (7/25/05 - P.H. con't. 3 wks.
to 8/15/05)
Fact Sheet (210K)
(ADOPTED, 6-1; COOK DISSENTING; A-83472)
16) 05R-171 Approving the City of Lincoln Federal Transit
Authority Program for Drug and Alcohol testing for
mass transit workers in safety sensitive
functions. (Pub. Hearing & Action con't. for 2
wks to 8/15/05)
Fact Sheet (138K)
Attachment (6K)
(ADOPTED, 7-0; A-83473)
17) 05R-186 Appointing Kevin Flores to the City Personnel
Board for a five year term expiring June 22, 2010.
Attachment (46K)
(ADOPTED, 7-0; A-83474)
18) 05R-187 Authorizing the use of the public right-of-way by
Speedway Properties for the installation of a
level sidewalk to provide handicap access at 737 P
Street.
Fact Sheet (56K)
Attachment (821K)
(ADOPTED, 7-0; A-83475)
19) 05R-188 Appointing Larry Anderson to the Government Access
and Information Committee to fill an unexpired
three-year term expiring August 17, 2006.
Attachment (23K)
(ADOPTED, 7-0; A-83476)
20) 05R-189 Reappointing James Lamphere to the Government
Access and Information Committee for a two-year
term expiring January 1, 2007.
(ADOPTED,7-0; A-83477)
21) 05R-194 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 16 - 31,
2005.
Fact Sheet (13K)
Attachment (22K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83478)
22) 05R-195 Approving the Heartland Optical Redevelopment
Agreement and Right of Entry Agreement between the
City and Heartland Optical, Inc. for new
construction and improvements for
commercial/retail use at 1010 N. 27th Street
within the N. 27th Street Corridor and Environs
Redevelopment Plan.
Fact Sheet (60K)
Attachment (959K)
(ADOPTED, 7-0; A-83479)
23) 05R-196 Approving an amendment to Section 6,
Annual Fees, of the Lincoln-Lancaster
County Air Pollution Control Regulations
and Standards to revise the asbestos
removal fees.
Fact Sheet (69K)
Attachment (55K)
(ADOPTED, 7-0; A-83480)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
24) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.:
Change of Zone 05050 - App. of Lincoln Sports
Foundation for a change from AG to H-2 to allow
a greater flexibility for the Abbott Sports
Complex to expand its facility located at N. 70th
Street and Arbor Road.
25) Setting the Hearing Date of Monday, August 29,
2005 at 5:30 p.m. for App. of SRS, Inc. dba
Arnold's for an addition to premise located at
6113 Havelock Avenue.
(ADOPTED, 7-0; A-83481)
26) Setting the Hearing Date of Monday, August 29,
2005 at 5:30 p.m. for App. of 8th Street
Ironworks, Inc. dba Eight Street Ironworks for an
addition to premise located at 301 N. 8th Street.
(ADOPTED, 7-0; A-83482)
27) Setting the Hearing Date of Monday, August 29,
2005 at 5:30 p.m. for App. of Expo, Inc. dba
Iguana's Pub for an addition to premise located at
1426 O Street. (ADOPTED, 7-0; A-83483)
28) Setting the Hearing Date of Monday, August 29,
2005 at 5:30 p.m. for Man. App. of Edward J. Lynch
for The Noodle Shop, Co. - Colorado, Inc. dba
Noodles & Company located at 2801 Pine Lake Road.
(ADOPTED, 7-0; A-83484)
29) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances and
Resolutions passed by the City Council on August 8,
2005. (PLACED ON FILE)
Report of UNL Microbiologist for water testing for the
month of July, 2005. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 30-35 HAD 1ST READING)
30) 05-123 Approving a Management Agreement between the City
and SMG to provide for management, marketing,
entertainment, administration, and procurement
services for Pershing Municipal Auditorium for a
four-year period beginning September 1, 2005.
Fact Sheet (43K)
Attachment (1184K)
31) 05-124 Change of Zone 04060 - Application of Larry Coffey
for a change of zone from AG Agricultural District
to H-3 Highway Commercial District on property
generally located at the northwest corner of N.W.
48th Street and Highway 34. (Related Items:
05-124, 05R-201)
Fact Sheet (330K)
32) 05R-201 Approving the Development and Conditional Zoning
Agreement between the City and Larry Coffey for a
change of zone from AG Agricultural District to H-
3 Highway Commercial District to expand an
existing convenience shop generally located at the
northwest corner of N.W. 48th Street and Highway
34. (Related Items: 05-124, 05R-201) (Action
Date: 8/29/05)
Fact Sheet (12K)
Attachment (13K)
33) 05-125 Change of Zone 05051 - Application of Stone Bridge
Creek LLC for a change of zone from AG
Agricultural District to R-3 Residential District
and R-5 Residential District on property generally
located at N. 14th Street and Pennsylvania Avenue.
Fact Sheet (184K)
34) 05-126 Amending Chapter 1.28 of the Lincoln Municipal
Code relating to reasonable accommodation to more
accurately state the requirements of the Acts, to
provide additional application requirements, to
modify the reference to Section 1.28.050, and to
revise and supplement the factors to be considered
in making a determination.
Fact Sheet (18K)
35) 05-127 Amending Chapter 9.44 of the Lincoln Municipal
Code relating to Fireworks to add a reference to
Section 9.44.080, to limit the hours of sale of
permissible fireworks to correspond with the hours
when permissible fireworks may be used, and to
expressly define the hours and days when
permissible fireworks may be discharged, exploded,
or used.
Fact Sheet (14K)
ORDINANCES - 3RD READING & RESOLUTIONS
36) 05R-182 Approving the StarTran Rate Schedule to
increase the StarTran Fare Structure.
(Action delayed 1 wk to 8/15/05).
Fact Sheet (71K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83485)
37) 05-115 Change of Zone 05011 - Application of Pine Lake
Development for a change of zone from R-3
Residential District to B-2 Planned Neighborhood
Business District on property generally located at
South 84th Street and Old Cheney Road. (Related
Items: 05-115, 05R-185)
Fact Sheet (334K)
(PASSED, 6-0; MARVIN ABSTAINED; #18596)
38 05R-185 Use Permit 05003 - Application of Pine Lake
Development to develop 220,000 square feet of
commercial floor area with requested waivers
of the preliminary plat process, to reduce
the front yard setback from 50 feet to 25
feet along S. 84th Street and Old Cheney Road
for parking and driving aisles, and to waive
the required front yard on each street side
of a double frontage lot, on property
generally located at South 84th Street and
Old Cheney Road. (Related Items: 05R-185,
05-115) (Action Date: 8/15/05)
Fact Sheet (423K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 6-0; MARVIN
ABSTAINED; A-83486)
PENDING LIST - DATE CERTAIN (SEE ITEMS 40, 41, 42, 43, 44)
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 and hourly
pay range equivalents. (8/8/05 - Action Delayed
2 wks. to 8/22/05)
Fact Sheet (137K)
Attachment (127K)
40) 05R-134 Comp. Plan Amendment No. 05014 - Amending the
Lincoln/Lancaster County Comprehensive Plan by
deleting references to the Theater Policy and
entertainment in the Downtown, and by deleting one
statement requiring market studies for proposed
new theaters outside of the Downtown area. (In
connection w/05-85, 05-86, 05R-135, 05R-136)
(Action Date: 7/11/05) (6/20/05 - Placed on
Pending to 7/25/05 with P.H.) (7/11/05 - Pending
to 8/29/05 w/P.H.)
Fact Sheet (1425K)
(PUBLIC HEARING CON'T. TO 9/12/05, 7-0)
41) 05-85 Amending Section 27.63.630(c) of the Lincoln
Municipal Code Zoning Ordinance for theaters
in the B-5 Planned Regional Business
District, to allow theaters with more than
six screens, provided they are located
outside a 6.5 mile radius measured from the
center of the intersection of 13th and O
Streets. (In connection w/05-86, 05R-134,
05R-135, 05R-136) (6/20/05 - Placed on Pending
to 7/25/05 with P.H.) (7/11/05 - Pending to
8/29/05 w/P.H.)
Fact Sheet (370K)
(PUBLIC HEARING CON'T. TO 9/12/05, 7-0)
42) 05-86 Change of Zone 05036 - Application of Eiger
Corporation for a change of zone from AG
Agricultural District to B-5 Planned Regional
Business District on property generally
located at South 91st Street and Pine Lake
Road. (In connection w/05R-134, 05-85, 05-86,
05R-135, 05R-136) (6/20/05 - Placed on Pending
to 7/25/05 with P.H.)(7/11/05 - Pending to 8/29/05
w/P.H.)
Fact Sheet (408K)
(PUBLIC HEARING CON'T. TO 9/12/05, 7-0)
43) 05R-135 Appeal of Eiger Corporation 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 Street and Pine Lake
Road. (In connection w/05R-134, 05-85, 05-86,
05R-136) (Action Date: 7/11/05) (6/20/05 - Placed
on Pending to 7/25/05 with P.H.) (7/11/05 -
Pending to 8/29/05 w/P.H.)
Fact Sheet (672K)
(PUBLIC HEARING CON'T. TO 9/12/05, 7-0)
44) 05R-136 Appeal of Eiger Corporation from the Planning
Commission denial of Use Permit 140B to allow
950,983 sq. ft. of commercial and office
floor area, on property generally located at
S. 91st Street and Pine Lake Road.(In
connection w/05R-134, 05R-135, 05-85, 05-
86) (Action Date: 7/11/05) (6/20/05 -
Placed on Pending to 7/25/05 with P.H.)
(7/11/05 - Pending to 8/29/05 w/P.H.)
Fact Sheet (1046K)
(PUBLIC HEARING CON'T. TO 9/12/05, 7-0)
PENDING LIST (EXTENDED ONE WEEK)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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 (217K)
51) 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 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)
52) 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)
53) 05R-178 Approving the removal of the existing
barricade in Cumberland Drive at the common
line of Colonial Acres 2nd Addition and Jerrold
Heights 2nd Addition.(8/1/05 - Placed on Pending
Indefinitely)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 22, 2005 AT 1:30 P.M.:
(APPROVED, 7-0)
54) 05R-192 Approving the acquisition of two parcels of land
totaling 13,900 sq. ft. for park land generally
located at West Leighton Avenue, West Thatcher
Lane and N.W. 46th Street.
Fact Sheet (226K)
55) 05R-197 Approving appropriations in the amount of $36,275
from the operation of Keno lottery funds for
various human services.
Attachment (43K)
56) 05R-198 Approving the Interlocal Agreement between the
City and County for Dust Control Treatment on
South 98th Street between Van Dorn Street and
Yankee Hill Road during the reconstruction of
South 84th Street.
Fact Sheet (56K)
Attachment (486K)
57) 05R-199 Appointing April Stevenson to the Lincoln Library
Board of Trustees for a seven-year term expiring
August 31, 2012.
Attachment (68K)
58) 05R-200 Reappointing Roger Larson and Tommy Taylor to the
Lincoln-Lancaster County Planning Commission for
six-year terms expiring August 24, 2011.
59) 05R-202 Approving an Agreement between the City, EMS Inc.,
St. Elizabeth Medical Center, and Byran LGH
Medical Center to provide medical oversight for
ambulance services.
Fact Sheet (52K)
Attachment (44K)
60) 05R-203 Adopting the City of Lincoln 2005-2006 Annual
Operating Budget and
Capital Improvement Program for Fiscal Year
2005/06 - 2010/11.
61) 05R-204 Authorizing the formation of the Lincoln
Redevelopment and Investment Corporation, a
Nebraska Not-for-profit public benefit corporation
and approving the related Articles of
Incorporation and Bylaws for the same in
connection with an application for certification
as a Community Development Entity eligible for
allocation of New Market Tax Credits and other
community improvement purposes.
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 (8/24/05)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION (8/29/05).
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. THERE WILL ONLY BE ONE (1) OPEN MICROPHONE
SESSION FOR AUGUST WHICH WILL BE ON AUGUST 29TH
ADJOURNMENT 4:18 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