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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 7, 2005 AT 1:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING& ASSOCIATED RESOLUTIONS (ITEMS 1 THRU 5 HAD 2ND READING)
1) 05-24 Annexation 04010 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 24.33 acres of property
generally located southeast of S.W. 40th
Street and West A Street. (In
connection w/05R-50, 05-25)
Fact Sheet (408K)
2 05R-50 Approving an Annexation Agreement between the City
and Janet H. Broer and Erich H. Broer outlining
certain conditions and understandings with regards
to the annexation of approximately 24.33 acres of
property generally located southeast of S.W. 40th
Street and West A Street. (In connection w/05-
24, 05-25)
Attachment (29K)
3) 05-25 Change of Zone 04070 - Application of Joey
Hausmann for a change of zone from AGR
Agricultural Residential District to R-3
Residential District on property generally
located southeast of S.W. 40th Street and
West A Street. (In connection w/ 05-24,
05R-50)
Fact Sheet (420K)
4) 05-26 Change of Zone 05003 - Amending Title 27 of
the Lincoln Municipal Code by adding a
section to Chapter 27.71, Additional Height
and Area Regulations, to require that all
outdoor lighting be designed, installed and
maintained in accordance with all applicable
lighting design standards adopted by the City
Council. (In connection w/05R-51)
Fact Sheet (323K)
5) 05R-51 Miscellaneous 05001 - Amending the City of
Lincoln Design Standards by adding a new
chapter under Title 3 entitled Outdoor
Lighting relating to light trespass from non-
residential uses upon residential uses.
(In connection w/05-26)
Fact Sheet (323K)
Attachment (9K)
PUBLIC HEARING - RESOLUTIONS
6) 05R-44 Reappointing Barbara A. Ramsey and Jeri L. Brandt
to the Lincoln-Lancaster Women's Commission for
two-year terms expiring January 1, 2007 and March
1, 2007, respectively.
(ADOPTED, 7-0; A-83229)
7) 05R-49 Appointing Marcia Louise Malone, Lori Vidlak, and
Leslie K. Doyle to the Lincoln-Lancaster Women's
Commission for terms expiring March 1, 2006, March
1, 2006, and January 1, 2007, respectively.
Attachment (144K)
(ADOPTED, 7-0; A-83230)
8) 05R-48 Reappointing Robert Ripley and Bruce Helwig to the
Historic Preservation Commission for a three-year
term expiring April 15, 2008.
(ADOPTED, 7-0; A-83231)
9) 05R-45 Approving a transfer of appropriations in the
amount of $25,000.00 from Contingency,
Miscellaneous Other Services and Charges, Account
18001.5989 to General Expense, Miscellaneous Other
Services and Charges, Account 18002.5989 for the
payment of one-half of the amount due to the State
Fair by April 1, 2005.
Fact Sheet (37K)
(ADOPTED, 7-0; A-83232)
10) 05R-46 Approving a lease Agreement between the Lincoln-
Lancaster County Health Department and the
American National Red Cross for the lease of space
from the Red Cross for storage of the Hazmat
Vehicle for a period from January 1, 2005 through
December 31, 2005.
Fact Sheet (59K)
Attachment (309K)
(ADOPTED, 7-0; A-83233)
11) 05R-47 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
February 1 - 15, 2005.
Fact Sheet (13K)
Attachment (33K)
(AMENDED #1, 7-0; ADOPTED AS AMENDED, 7-0; A-83234)
12) 05R-52 Waiver 05001 - Application of LICOR, Inc. to waive
the requirement for the installation of sidewalks
along Progressive Avenue and to waive the
requirement for the installation of street trees
along N. 48th Street, generally located at the
southwest corner of N. 48th Street and Superior
Street.
Fact Sheet (235K)
(ADOPTED, 6-1; WERNER DISSENTING; A-83235)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
Setting the Hearing Date of Monday, March 21, 2005
at 1:30 p.m. for App. of DoughBoyz Inc. dba
DoughBoyz Bistro/Scrumpy Jacks for a Class I
liquor license at 5400 S. 56th Street,
#185 & #195. ADOPTED, 7-0; A-83236)
13) MISCELLANEOUS REFERRALS
Clerk's letter and Mayor's approval of ordinances & resolutions passed by
Council on February 28, 2005. (PLACED ON FILE)
Lincoln Water & Wastewater System Recapitulation of Daily Cash Receipts for
February 2005. (PLACED ON FILE)
The City of Lincoln's audited Comprehensive Annual Financial Report for
fiscal year 2003/2004. (PLACED ON FILE)
THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.:
Change of Zone 05014 - App. of Near South Neighborhood Assn. from R-7,
R-6, R-5 & R-4 Residential Dist. and B-3 Commercial Dist. to R-2
Residential Dist. and P Public Use District generally located from F
Street to South Street, S. 13th Street to S. 27th Street.
Change of Zone 05011 - App. of The Schemmer Associates from R-3
Residential Dist. to B-2 Planned Neighborhood Business Dist. on
property located at S. 84th St. and Old Cheney Road.
Change of Zone 05012 - App. of Brian Carstens for Christian Church in
Nebraska, Wood Bridge Planned Unit Development for a church, 12,000 sq.
ft. of office/medical office floor area & 58,200 sq. ft. of mini-
storage floor area with requests to waive the preliminary plat process &
allow lots without frontage onto a public street or private roadway on
property located at Pine Lake Road & Helen Witt Drive.
Change of Zone 05013 - App. of Nebraska Dept. of Labor from O-1 Office
Dist. to P Public Use Dist. on property located at the S.E. corner of S.
16th Street and K Street.
Change of Zone 05017 - App. of Robert & Victoria Rokeby, Larry
Schmieding, Fieldstone Owners Assoc. and Lincoln Lodging, LLC from I-1
Industrial Dist. to R-4 Residential Dist. and from I-1 Industrial Dist.
to H-3 Highway Commercial Dist. on property at N. 26th Street and Old
Dairy Road.
Special Permit 1006F- App. of Brown Architecture and Design Co. to
adjust the front yard setback for an extension of an attached garage on
property at S. 70th Street and Forest Lake Blvd.
Special Permit 04069 - App. of Brian Carstens on behalf of Full House,
LLC, Whitetail Run Community Unit Plan, for approximately 9 dwelling
units with requests to waive sidewalks, street trees, street lighting,
landscape screening, & block length on property at S.W. 14th Street and
W. Bennet Road.
Special Permit 05002 - App. of Brian Carstens and Associates, Foreman
Ridge Addition Community Unit Plan, for approximately 29 single family
acreage dwelling units, with requests to waive the preliminary plat
process, sidewalks, street trees, street lighting, landscape screening,
block length, storm water detention, sanitary sewer running opposite of
street grade, lot to width ratios, and front and side yard setbacks on
property at S.W. 12th Street and W. Denton Road.
Special Permit 05007 - App. of Hyangsoo Kim, for the authority to sell
alcoholic beverages for consumption on the premises on property located
at 3700 S. 9th Street.
Special Permit 05008 - App. of Layne, LLC, West Van Dorn Acres
Community Unit Plan, for approximately 9 single family lots with
requests to waive sidewalks, street trees, street lighting, landscape
screening, block length, and the preliminary plat process, on property
located at S.W. 70th Street and W. Van Dorn Street.
Special Permit 05009 - App. of Boyce Construction, Inc., Fieldstone
Center Community Unit Plan, for approximately 70 dwelling units on
property located at N. 26th Street and Old Dairy Road.
Use Permit 05003 - App. of The Schemmer Assoc. for 6 lots, with
requests to waive the preliminary plat process, front yard setback for
parking, and required front yard for double frontage lots, on property
located at S. 84th Street and Old Cheney Road.
REPORTS OF CITY OFFICERS
Investment of Funds from February 7 thru February
18, 2005. (ADOPTED, 7-0; A-83237)
Report from City Treasurer of franchise tax from
Aquila for the month of January 2005. (PLACED ON
FILE)
Report from City Treasurer of Telecommunications
Occupation Tax for the month of Oct. - Dec. 2004:
IDT, Telenational, PNG, Voice Stream, Fast Phones,
Enhanced, Business Telecom., American Farm Bureau,
GE Business Prod. Solutions, Accessline; Nov.-
Dec. 2004: Shaffer; Nov. 2004: Nebraska Tech.;
Dec. 2004: MCI WorldCom, AT&T Comm. of Midwest,
Cricket, Sprint, Cellular One, Alltel Nebraska,
Alltel Comm. of Nebraska, Alltel Systems of
Midwest, Nebraska Tech. & Telecomm., XO Long
Distance, Qwest, VoiceCom, Winstar, Cincinnati
Bell Any Distance, PCN, Netifice, Global Crossing,
Airnex, Primus, Virgin Mobile USA, Opex, Verizon
Select, Intellical, UCN, OnStar, Working Assets,
Trans National, Who's Calling, Talk America,
McLeodUSA, Bell Atlantic, Network Billing,
Guaranteed Phone Service, OCMC, T-Netix, TracFone
Wireless, USCOC of Greater Iowa, CIII, Quantum
Shift, Star Number, KDDI America, IBM Global;
January 2005: Sprint Spectrum, Cellular One,
Nextel, Alltel Comm. of Nebraska, Alltel Systems
of the Midwest, Sprint, MCI WorldCom, Norstan
Network, Southwestern Bell, Nextel West, Acceris,
Tri-M, NOS, GTC, GlobalCom, LDMI, Zone Telecom.,
Excel, NOSVA Ltd., ATS Mobile, Vartec, Lightyear
Network, Association Adm., Affinity Network.
(PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEM 14 HAD 1ST READING)
14) 05-27 Amending Chapter 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)
ORDINANCES - 3RD READING
15) 05-19 Authorizing and providing for the
issuance of General Obligation
Storm Sewer Refunding Bonds in an
amount not exceeding $7,000,000.00.
(PASSED, 7-0; #18508)
16) 05-20 Adopting the supplements to the Lincoln
Municipal Code dated June, 2004 and December
2004 as part of the official Lincoln
Municipal Code.
Fact Sheet (16K)
(PASSED, 7-0; #18509)
17) 05-21 Amending Chapter 2.24 of the Lincoln
Municipal Code to add a new section numbered
2.24.090 authorizing the Law Department and
Risk Management to investigate all claims
filed against the City and to adjust,
compromise and settle all claims wherein the
payment to any individual is not in excess of
$25,000.00.
Fact Sheet (61K)
(PASSED, 7-0; #18510)
18) 05-22 Change of Zone 05001 - Application of Guy
Lammle for a change of zone from AG
Agricultural to R-3 Residential on property
generally located at Lammle Circle and
Gleneagle Court.
Fact Sheet (195K)
(PASSED, 7-0; #18511)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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 14, 2005 AT 1:30 P.M.:
(APPROVED, 7-0)
29) 05R-53 Approving Service Agreements between the City
and Aetna Life Insurance Company and the
City and Union Agency for group long-term
care insurance provided to City and County
employees for a five-year term.
Fact Sheet (16K)
Attachment (255K)
30) 05R-54 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
February 16 - 28, 2005.
Fact Sheet (13K)
Attachment (28K)
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 (3/9/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (3/14/05).
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 2:11 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