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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 28, 2005 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Clayton Wysocki for
DHABS, LLC, dba Barrymore's at 124 North 13th
Street. (ADOPTED FOR APPROVAL, 7-0; A-83651)
2) Application of Irie, Inc. dba Doc's Place for the
addition of a catering liquor license to the
existing Class C liquor license at 140 North 8th
Street, Suite 150. (ADOPTED FOR APPROVAL, 6-0; CAMP,
CONFLICT OF INTEREST; A-83652)
3) Application of M&R Ventures LLC dba Bennigan's
Restaurant for a Class I liquor license at 8701
Andermatt Drive. (ADOPTED FOR APPROVAL, 7-0; A-83653)
4) Manager application of Scott Zabel for M&R
Ventures LLC dba Bennigan's Restaurant at 8701
Andermatt Drive. (ADOPTED FOR APPROVAL, 4-3;
COOK, ESCHLIMAN, MARVIN, DISSENTING; A-83654)
5) Application of Blue Orchid, LLC dba Blue Orchid
for a Class I liquor license at 129 North 10th
Street. (ADOPTED FOR APPROVAL, 7-0; A-83655)
6) Manager application of Malinee Kiatathikom for
Blue Orchid, LLC dba Blue Orchid at 129 North 10th
Street. (ADOPTED FOR APPROVAL, 7-0; A-83656)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 7 HAD 2ND READING)
7) 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)
PUBLIC HEARING - RESOLUTIONS
8) 05R-278 Approving Luckie's Lounge at 1101 W. Bond as
a keno satellite site. (Request to con't.
P.H. & Action to 12/5/05) (P.H. & ACTION CON'T TO 12/5/05, 7-0)
Fact Sheet (47K)
9) 05R-279 Hearing on the Lincoln Electric System Annual
Budget for 2006. (Action Date: 12/12/05)
Fact Sheet (75K)
10) 05R-280 Approving Supplemental Agreement No. 1 between the
City, County and the State Dept. of Roads for
funding of the Lincoln South Beltway. (ADOPTED, 7-0; A-83657)
Fact Sheet (48K)
Attachment (164K)
11) 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.
(ADOPTED, 6-1; MARVIN DISSENTING; A-83658)
Fact Sheet (37K)
Attachment (288K)
12) 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. (ADOPTED, 7-0; A-83659)
Attachment (3361K)
PUBLIC HEARING
ORDINANCES - 3RD READING & RESOLUTIONS
13) 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 FOR 2 WKS. TO 12/12/05, 7-0)
Fact Sheet (472K)
14) 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)
(AMENDED #1, 7-0; AMENDED #2, 7-0; AMENDED #4, 7-0;
AMENDED #5, 7-0; AMENDED #6, 7-0; AMENDED #7, LOST 2-5;
ESCHLIMAN & SVOBODA ASSENTING)
(ACTION DELAYED FOR 2 WKS. TO 12/12/05, 7-0)
Attachment (46K)
15) 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) (AMENDED #1, 7-0;
AMENDED #2, 7-0; AMENDED #3, 7-0)
(ACTION DELAYED FOR 2 WKS. TO 12/12/05, 7-0)
Fact Sheet (815K)
Attachment (2378K)
Anyone wishing to address an item on the Consent Agenda may do so
at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
16) THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Special Permit No. 05056 - App of Sanford and
Son, LLC to operate a concrete crusher to recycle
concrete and asphalt on property at 3900
Industrial Drive.
Special Permit No. 05057 - App. of
Neighborhood Service Exchange, a project of Health
Partners Initiative, for a nonprofit religious,
educational, and philanthropic institution on
property at 1036 E Street.
17) MISCELLANEOUS REFERRALS
Accepting the Report on Board of Equalization to
City Council on Special Assessment Group III
(Water District 1194 and Alley Paving District 362A).
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
18) Resolution setting the Interest Rate of 6.05% and
Levying the Assessments on Special Assessment
Group III of the Board of Equalization held
November 14, 2005. (ADOPTED, 7-0; A-83660)
19) Setting the Hearing Date of Monday, December 19,
2005, at 1:30 p.m. for the Assessment of Weed
Removal Costs Incurred for the Period of January 1
through December 31, 2005. (PLACED ON FILE)
20) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on November 14,
2005. (PLACED ON FILE)
21) Report of UNL Microbiologist for water testing for
the month of October, 2005. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 22 THRU 27 HAD 1ST READING)
22) 05-179 Approving a Lease Agreement between the City and
Haymarket Square for the lease of space located at
808 P Street, Suite 400, for use by the Urban
Development Department for a four year term.
Fact Sheet (57K)
Attachment (537K).
23) 05-180 Amending Chapter 10.14 of the Lincoln Municipal
Code relating to Rules of the Road by adding a
section numbered 10.14.165 relating to Two-Way
Left-Turn Lanes.
Fact Sheet (60K)
24) 05-181 Amending Chapter 10.14 of the Lincoln Municipal
Code relating to Rules of the Road by adding a new
section numbered 10.14.045 to prohibit evasion of
traffic control devices, signs, or signals at
street intersections.
Fact Sheet (59K)
25) 05-182 Change of Zone HP 05076 - Application of Forum LEX
Ltd. to designate the former Kappa Sigma
Fraternity House at 1141 H Street as a historic
landmark. (Related Items: 05-182, 05R-291)
Fact Sheet (544K)
26) 05R-291 Special Permit 05051 - Application of Forum LEX
Ltd. to use a landmark designated property as
office uses, on property generally located at the
southwest corner of S. 12th and H Streets.
(Related Items: 05-182, 05R-291) (Action Date:
12/12/05)
Fact Sheet (816K)
27) 05-183 Approving a transfer of appropriations within the
Parks and Recreation Capital Improvement Program
in the amount of $100,000 from Mahoney Ballfield
Renovation 409382.6138 (Keno) to University Place
Ballfield Lighting Replacement 409418.6138; in the
amount of $18,000 from Witherbee Mini Park
Development 409387.6138 (Keno) to Woods Park
Shelter and Drinking Fountain 409419.6138; in the
amount of $50,000 from Fleming Fields Park
Acquisition 409387.6135 (Keno), $23,000 from
Holmes Lake Trail Construction 409368.6138 (GR),
$11,354.56 from Roper Park Drainage Improvements
409364.6138 (cash) and $5,000.46 from Roper Park
Drainage Improvements 409364.6138 (Keno) to
Antelope Valley Trail Construction 409410.6138.
Fact Sheet (69K)
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION ONLY
28) 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. (PASSED, 4-3; COOK, MCROY & NEWMAN
DISSENTING; #18646)
Fact Sheet (59K)
29) 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.
(AMENDED #1, 7-0; PASSED, 7-0; #18647)
30) 05-168 Declaring approximately 35,500 square feet as
surplus property generally located at 305 and 345
F Street. (PASSED, 6-1; CAMP DISSENTING #18648)
Fact Sheet (252K)
31) 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.
(PASSED, 4-3; COOK, MARVIN & NEWMAN DISSENTING; #18649)
Fact Sheet (71K)
32) 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.
(PASSED, 7-0; #18650)
Fact Sheet (22K)
33) 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. (PASSED, 7-0; #18651)
34) 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.
(AMENDED #1, LOST, 0-7; PASSED, 6-1; CAMP DISSENTING; #18652)
Fact Sheet (13K)
Attachment (1461K)
Attachment 2 (82K)
35) 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. (11/14/05 - Action Delayed 2
wks. to 11/28/05) (AMENDED #1, LOST 3-4; CAMP, MCROY & SVOBODA
ASSENTING; LOST, 3-4; COOK, MARVIN & NEWMAN ASSENTING; #38-4513)
Fact Sheet (68K)
RECONSIDERATION - Request of Council Chair Svoboda
36) 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) (RECONSIDERED, 4-3; CAMP, COOK & NEWMAN
DISSENTING; ACTION DELAYED FOR 2 WKS. TO 12/12/05, 7-0)
Fact Sheet (66K)
Attachment (834K)
Attachment 2 (471K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 05-173 Approving the sale of City property at 9th and K
Streets, known as the K Street Power Plant.
(11/14/05 - Pending Indefinitely)
Fact Sheet (66K)
Attachment (834K)
Attachment 2 (471K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 5, 2005 AT 1:30 P.M.
(APPROVED, 7-0)
47) 05R-288 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of
November 1 - 15, 2005.
Fact Sheet (13K)
Attachment (21K)
48) 05R-287 Approving a waiver of the Design Standards for
Vehicle Stacking for the proposed HS Bank Branch
at 5560 South 48th Street to reduce the drive-thru
teller stacking by one vehicle.
Fact Sheet (60K)
49) 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.
Fact Sheet (49K)
Attachment (214K)
50) 05R-290 Approving a contract between the City and Lincoln
Public Schools to allow the City to use LPS buses
for emergency evacuation of members of the public
during emergency or crisis situations that pose a
threat to their health, safety, or well-being.
Fact Sheet (55K)
Attachment (60K)
51) 05R-292 Preliminary Plat No. 05009 - Application of
Lincoln North Creek, LLC to develop West Hobelman
Addition consisting of eight commercial and
industrial lots, including waivers and
modifications to allow sanitary sewer to run
opposite street grade; to eliminate on-site
detention; to construct sanitary sewer on the east
side of S.W. 14th Place; to construct
water on the west side of S.W. 14th Place;
and to eliminate the requirement to provide
street access to adjoining property on property
generally located at S.W. 14th Place and
West O Street.
Fact Sheet (384K)
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 (12/7/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
12/12/05.
Name: Becky Vandenberg Topic: Emerald water
issue (SHE WAS NOT PRESENT)
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 SESSION FOR DECEMBER
IS DECEMBER 12TH. (Note: Only one open microphone session
for the month of December)
ADJOURNMENT 1:14 A.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