![]() |
![]() |
![]() |
![]() |
lincoln.ne.gov | |
---|---|---|
![]() |
![]() |
![]() |
![]() |
City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING BE HELD MONDAY, JULY 10, 2006 AT 1:30 P.M. MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JUNE 2006 - REBECCA (BECKY) LYONS, EMERGENCY SERVICE DISPATCHER II W/THE COMMUNICATIONS DIVISION OF THE FINANCE DEPARTMENT, IN THE CATEGORY OF VALOR. ALL MEMBERS PRESENT EXCEPT COOK & MARVIN. PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of B & R Stores, Inc. dba Russ's Market 16 for a Class C liquor license at 4400 S. 33rd Street Court. (ADOPTED FOR APPROVAL, 5-0; A-83901) 2) Manager application of Geoffrey W. Lemon for B & R Stores, Inc. dba Russ's Market 16 for a Class C liquor license at 4400 S. 33rd Street Court. (ADOPTED FOR APPROVAL, 5-0; A-83902) 3) Application of B & R Stores, Inc. dba Russ's Market 1 for a Class C liquor license at 1709 Washington Street.(ADOPTED FOR APPROVAL, 5-0; A-83903) 4) Manager application of David J. McCleery for B & R Stores, Inc. dba Russ's Market 1 at 1709 Washington Street.(ADOPTED FOR APPROVAL, 5-0; A-83904) 5) Application of B & R Stores, Inc. dba Russ's Market 15 for a Class C liquor license at 2840 S. 70th Street.(ADOPTED FOR APPROVAL,5-0; A-83905) 6) Manager application of Tyler D. Popp for B & R Stores, Inc. dba Russ's Market 15 at 2840 S. 70th Street. (ADOPTED FOR APPROVAL, 5-0; A-83906) 7) Application of B & R Stores, Inc. dba Russ's Market 21 for a Class C liquor license at 1550 S. Coddington Avenue.(ADOPTED FOR APPROVAL, 5-0; A-83907) 8) Manager application of Todd Schumacher for B & R Stores, Inc. dba Russ's Market 21 at 1550 S. Coddington Avenue. (ADOPTED FOR APPROVAL, 5-0; A-83908) 9) Application of Tres Jalisquillos, Inc. dba Fandango Night Club for a Class C liquor license at 221 S. 9th Street.(ADOPTED FOR APPROVAL, 5-0; A-83909) 10) Manager application of Stephen G. Charest for Tres Jalisquillos, Inc. dba Fandango Night Club at 221 S. 9th Street.(ADOPTED FOR APPROVAL, 5-0; A-83910) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11 THRU 16 HAD 2ND READING; SEE ITEMS 11 & 12) 11) 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)(DELAYED 2ND READING AND PUBLIC HEARING FOR TWO WEEKS TO 7/24/06, 5-0) Attachment (27K) 12) 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)(DELAYED 2ND READING & PUBLIC HEARING FOR TWO WEEKS TO 7/24/06, 5-0) Fact Sheet (570K) 13) 06-103 Approving a thirteen-month Lease Agreement between the City and Robert and Janette Fiala for the lease of space by the Lincoln Area Agency on Aging for its Lincoln Information For the Elderly (LIFE) at 370 Fifth St., David City, Nebraska. Fact Sheet (60K) Attachment (70K) 14) 06-104 Amending the pay schedules of employees whose classifications are assigned to the pay range which is prefixed by the letter N by creating the job classification of "Property and Evidence Technician." Fact Sheet (56K) Attachment (66K) 15) 06-105 Amending the pay schedules of employees whose classifications are assigned to the pay range which is prefixed by the letter A by creating the job classification of "Buyer." Fact Sheet (48K) Attachment (66K) 16) 06-106 Amending the pay schedules of employees whose classifications are assigned to the pay range which is prefixed by the letter M by creating the job classification of "Internal Auditor." Fact Sheet (49K) Attachment (74K) PUBLIC HEARING - RESOLUTIONS 17) 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)(PUBLIC HEARING & 2ND READING CONT'D TO 8/7/06, 5-0) Fact Sheet (48K) 18) 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)(PUBLIC HEARING & 2ND READING CONT'D TO 8/7/06, 5-0) Fact Sheet (47K) 19) 06R-124 Approving an Agreement between the City and State Dept. of Roads for reimbursement with federal funds for the construction costs on the Pioneers Blvd., Antelope Creek to Pagoda Lane Widening Project.(WITHDRAWN, 5-0; #38-4530) Fact Sheet (59K) Attachment (477K) 20) 06R-125 Approving Pastime Pub at 5601 N.W. 1st St. as a Keno satellite site.(ADOPTED, 5-0; A-83911) Fact Sheet (48K) 21) 06R-127 Approving the use of public right-of-way by Pinnacle Bank for installation of a new facade and tower at 6145 Havelock Ave.(ADOPTED,4-1;Eschliman dissenting: A-83912) Fact Sheet (56K) Attachment (601K) 22) 06R-130 Misc. 06009 - Declaring the South Street Redevelopment Area as blighted and substandard generally along the South Street corridor between S. 6th St. and S. 17th St.(ADOPTED, 5-0; A-83913) Fact Sheet (213K) Attachment (669K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 23) Setting the Hearing Date of Monday, July 24, 2006 at 1:30 p.m. for Application of Rene' Longoria dba Arturo's for an outdoor addition and a new description to read, one story L-shaped building approx. 58' x 140', including basement area and sidewalk caf‚ approx. 18' x 24'. (ADOPTED, 5-0; A-83914) 24) Setting the Hearing Date of Monday, July 24, 2006 at 1:30 p.m. for Man. Application of Michael Tucker for Sandy's located at 1401 O Street. (ADOPTED, 5-0; A-83915) 25) Setting the Hearing Date of Monday, July 24, 2006 at 1:30 p.m. for Application of Gas 'N Shop dba Cappy's for a Class I liquor license located at 5560 S. 48th Street.(ADOPTED, 5-0; A-83916) 26) Setting the Hearing Date of Monday, July 31, 2006 at 5:30 p.m for Application of Thanh Mai Properties, LLC dba South Street Fast Break for a Class B liquor license located at 1648 South Street.(ADOPTED, 5-0; A-83917) 27) Setting the Hearing Date of Monday, July 31, 2006 at 5:30 p.m. for Application of Dao Properties, LLC dba Fast Break #2 for a Class B liquor license located at 2200 N. 48th Street.(ADOPTED, 5-0; A-83918) 28) Setting the Hearing Date of Monday, July 24, 2006 at 1:30 p.m. for Application of Planet Subs Nebraska, LLC dba Planet Subs for a Class I liquor license located at 1332 P Street.(ADOPTED, 5-0; A-83919) 29) Setting the Hearing Date of Monday, July 24, 2006 at 1:30 p.m. for Application of Guadalajara, Inc. dba Las Margaritas for a Class C liquor license located at 2700 Jamie Lane.(ADOPTED, 5-0; A-83920) 30) Formal Petition to create a special assessment district to install a city water line on NW 19th Street between Q Street and S Street submitted by Michael Smith. General Partner SBR Limited Partnership. (Referred to Public Works 6/29/06)(REFERRED TO PUBLIC WORKS 6/29/06) 31) THE FOLLOWING HAVE BEEN REFERRED TO PLANNING DEPT. Change of Zone 06021 - App. of Planning Director to amend Section 27.69.046 of the LMC relating to ground signs in the B-2 zoning district to delete the requirement that the on- premises ground sign for a free-standing pad site building be located within thirty feet of the building. Change of Zone 06042 - App. of Western Hemisphere Holding Company, LLC from AG to I-1 on property located SE of S. 14th Street and Saltillo Road. Change of Zone 06043 - App. of Nebco, Inc. from AG to I-1 on property located SE of S. 14th Street and Saltillo Road. Special Permit 04020A - App. of Thomas Friedman for an amendment to allow a limited landfill on property at SW 27th Street and West O Street. 32) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 33) Clerk's Letter and Mayor's Approval of Ordinances and Resolutions passed by Council on June 26, 2006.(PLACED ON FILE) 34) Approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended May 31, 2006. (ADOPTED, 5-0; A-83921) 35) 06R-126 Appointing Brennen Miller to the Parks and Recreation Advisory Board for a one-year term expiring April 27, 2007.(ADOPTED, 5-0; A-83922) 36) 06R-128 Appointing Gloria Aron to the Lincoln-Lancaster Women's Commission to fill an unexpired two-year term expiring January 1, 2007. (ADOPTED, 5-0; A-83923) 37) 06R-129 Appointing Loren Roberts to the Lincoln-Lancaster Women's Commission to fill an unexpired two-year term expiring March 1, 2008. (ADOPTED, 5-0; A-83924) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 38 THRU 44 HAD 1ST READING) 38) 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). Fact Sheet (316K) 39) 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. Fact Sheet (169K) 40) 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. Fact Sheet (90K) 41) 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) Fact Sheet (405K) 42) 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) Fact Sheet (529K) 43) 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) Fact Sheet (671K) 44) 06-118 Vacation 05010 - Vacating the east/west alley located 100 feet east of vacated 49th Street between Prescott and Lowell Avenues. Fact Sheet (148K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 45) 06-99 Annexation 06010 - Amending the Lincoln Corporate Limits Map by annexing approximately 4.07 acres of property generally located at N. 10th St. and Morton St.(PASSED, 5-0; #18760) Fact Sheet (183K) 46) 06-100 Change of Zone 06033 - Application of Lincoln Federal Bancorp for a change from AG Agricultural to R-3 Residential District, on property generally located at S. 27th St. and Whispering Wind Blvd. (PASSED, 5-0;#18761) Fact Sheet (656K) 47) 06-101 Change of Zone 06037 - Application of the Planning Director for a change from County B Business to City H-3 Highway Commercial District on property generally located 850 ft. south of the intersection of S. 134th St. and O St.(PASSED, 5-0; #18762) Fact Sheet (250K) 48) 06-102 Change of Zone 06038 - Application of Summit Homes for a change from B-2 Planned Neighborhood Business to R-5 Residential District on property generally located at N. 27th St. and Folkways Blvd.((PASSED, 5-0; #18763) Fact Sheet (209K) 49) 06R-123 Ordering the construction of sidewalks pursuant to § 14.80.070 of the Lincoln Municipal Code in the following general locations: north side of Pioneers Blvd. from 280 ft. east of S. 59th St. Ct. to Ridgeview Dr.; south side of Old Cheney Rd. from 400 ft. west of S. 62nd St. to S. 70th St.; west side of S. 70th St. from Old Cheney Rd. to Nebraska Hwy 2; east side of S. 70th St. from Stevens Ridge Rd. to Pine Lake Rd.; south side of Stevens Ridge Rd. adjacent to Outlot "A" and Lot 1, Block 1, Edenton South Add. Replat; south side of Pine Lake Rd. from Helen Witt Dr. to 560 ft. east of Helen Witt Dr.; north side of Normal Blvd. from S. 62nd St. to 390 ft. west of Park Crest Dr.; south side of Leighton Ave. from 120 ft. east of N. 82nd St. to N. 84th St.; east side of N. 84th St. from Vine St. to 540 ft. north of Larson Blvd.; north side of Huntington Ave. from N. 33rd St. to N. 35th St.; north side of Huntington/Leighton Ave. from N. 43rd St. to N. 44th St.; west side of N. 33rd St. from Superior St. north 520 ft.; the north side of Superior St. from N. 33rd St. west 320 ft.; north side of Fletcher Ave. from N. 27th St. west 310 ft.; west side of N. 27th St. from Fletcher Ave. north 300 ft.; west side of N. 27th St. from 580 ft. south of Fletcher Ave. south 500 ft.; west side of N. 26th St. from 390 ft. north of Kensington Dr. north 360 ft.; east side of N.W. 12th St. from W. Commerce Way to W. Highland Blvd.; west side of N.W. 48th St. from W. Huntington Ave. to W. Adams St.; north side of W. St. Paul Ave. from N.W. 52nd St. west 115 ft.;south side of W. St. Paul Ave. from N.W. 52nd St. to N.W. 53rd St.; west side of N.W. 52nd St. from W. Huntington Ave. to W. St. Paul Ave.; south side of W. Huntington Ave. from N.W. 52nd St. east 105 ft.; north side of W. Leighton Ave. from the east line of N.W. 52nd St. west 300 ft.; all within the City of Lincoln where sidewalks do not currently exist. (6/26/06 - Action delayed to 7/10/06)(AMENDED ITEM P, 5-0; ITEM B, 5-0; ITEM E, 5-0; ITEM I, 5-0; ITEM C, 2-3, LOST; CAMP, ESCHLIMAN ASSENTING; ITEM D, 3-2; CAMP & ESCHLIMAN DISSENTING; ITEM H, 2-3, LOST; CAMP & ESCHLIMAN ASSENTING; ITEM M, 2-3, LOST; CAMP & ESCHLIMAN ASSENTING; AMENDED TO 4', 5-0; ADOPTED AS AMENDED, 5-0; A-83925) Fact Sheet (59K) PENDING LIST - DATE CERTAIN 50) 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) Fact Sheet (59K) PENDING LIST (EXTENDED ONE WEEK) 51) 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) 52) 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) 53) 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) 54) 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) 55) 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) 56) 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) 57) 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) 58) 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) 59) 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 17, 2006 AT 1:30 P.M.: (APPROVED, 5-0) 60) 06R-131 Appointing Brittany Sill to the Community Forestry Advisory Board to fill an unexpired three-year term expiring August 17, 2008. Attachment (29K) 61) 06R-132 Reappointing Orville Jones to the Lincoln Housing Authority Board for a five-year term expiring July 1, 2011. 62) 06R-133 Reappointing Sarah Jones to the City Personnel Board for a five-year term expiring June 22, 2011. 63) 06R-135 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of June 16 - 31, 2006. Fact Sheet (13K) Attachment (21K) 64) 06R-136 Adopting the Schedule of Costs for sidewalk permit fees for new sidewalk construction in residential and commercial areas. Fact Sheet (58K) 65) 06R-137 Accepting the donation of a mini-park site to be known as "Aster Mini-Park" and associated playground equipment and site improvements generally located at 6810 N.W. 8th Street. Fact Sheet (55K) Attachment (322K) 66) 06R-138 Approving an Agreement between the City of Lincoln and Cornhusker Place of Lincoln-Lancaster County for a four-year term under which Cornhusker Place will provide civil protective custody for those individuals with alcohol and drug problems and for space by the Lincoln Police Department to conduct chemical testing. Fact Sheet (43K) Attachment (455K) 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 (7/12/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 7/17/06. 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 3:00 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 ***