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Formal Agenda

 


                  ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                            MONDAY, MARCH 28, 2005 AT 5:30 P.M.

                               ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND READING  (ITEM 1 HAD 2ND READING)

 1)  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)


PUBLIC HEARING - RESOLUTIONS

 2)  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)
               (ADOPTED, 7-0; A-83255)

 3)  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)
               (AMENDED, 4-3; NEWMAN, SVOBODA, WERNER DISSENTING; 
                ADOPTED, AS AMENDED, 7-0; A-83256)  

 4)  05R-64    Appeal of the Planning and Public Works
               Departments  from the Planning Commission amended
               approval of Use Permit 148 to develop 24,317
               square feet. of commercial floor area on property
               generally located at North 27th Street north of
               Folkways Blvd.
               Fact Sheet (663K)
               (ACCEPTED SUBSTITUTE RESO. FOR DENIAL, 7-0; ADOPTED
               SUB. RESO., 7-0; A-83257)

 5)  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)
               (AMENDED, 4-3; COOK, NEWMAN, WERNER DISSENTING;
                AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83258)

                          - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

 6)    MISCELLANEOUS REFERRALS

             Clerk's Letter and Mayor's Approval of ordinances and 
             resolutions passed by Council on March 21, 2005. 
             (PLACED ON FILE)


REPORTS OF CITY OFFICERS

 7)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended February 28,
               2005.  (ADOPTED, 7-0; A-83259)

 8)            LES summary of financial and operating statements
               for the period January 1, 2004 through December
               31, 2004. (PLACED ON FILE)

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 9 THRU 18 HAD 
          1ST READING)

9)   05-30     Amending Section 12.04.010 of the Lincoln Municipal
               Code relating to the Park and Recreation Advisory
               Board Membership to allow greater flexibility
               in the requirements for student appointments
               to serve on the Board.
               Fact Sheet (55K)

10)  05-32     Amending Section 17.30.050 of the Lincoln
               Municipal Code to correct an erroneous
               reference to Section 17.22.095 found in
               subsection (b) of Section 17.30.050 to
               correctly refer to Section 17.22.100 because
               Section 17.22.095 was renumbered Section
               17.22.100 during the LMC recodification
               process.
               Fact Sheet (14K)

11)  05-33     Annexation 05001 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 100.00 acres of property
               generally located at North 1st Street and
               Fletcher Avenue. (In connection w/05R-69,
               05-34)
               Fact Sheet (310K)
               Attachment (322K)

12)  05R-69    Approving the 1st and Fletcher Conditional
               Annexation and Zoning Agreement between the City
               and Carlton Paine & Judith Paine, Glenn Umberger &
               Lois Umberger, and Umberger Farms Ltd., relating
               to the annexation of approximately 100.69 acres,
               generally located southeast of North 1st Street
               and Fletcher Ave. (In connection w/05-33,
               05-34) (Action Date: 4/11/05)
               Attachment (38K)

13)  05-34     Change of Zone 05002 - Application of Lindsey
               Management Company for a change of zone from
               AG Agricultural District to R-3 Residential
               District on property generally located at
               Highway 34 and Fletcher Avenue; designating
               said property as a Planned Unit Development;
               and for approval of a development plan for
               612 dwelling units, a clubhouse, private golf
               course and 60,000 square feet of commercial
               floor area (or 696 dwelling units if the
               commercial use is deleted) in the underlying
               R-3 Residential District with a requested
               waiver of the required preliminary plat
               process. (In connection w/05R-69, 05-33)
               Fact Sheet (545K)

14)  05-35     Change of Zone 05010 - Application of
               Thompson Creek LLC for a change of zone from
               R-3 Residential District to O-3 Office Park
               District on property generally located at
               South 56th Street and Thompson Creek Blvd.
               (In connection w/05R-67) 
               Fact Sheet (158K)

15)  05R-67    Use Permit 141A - Appeal of Thompson Creek LLC
     Approval  from the Planning Commission action conditionally
     Denial    approving Use Permit No. 141A on property
               generally located at South 56th Street and
               Thompson Creek Blvd. subject to the requirement
               that the pavement in South 57th Street be 33 feet
               wide and that angle parking be provided along
               South 57th Street, and that a traffic study be
               provided. (In connection w/05-35) (Action
               Date: 4/11/05)
               Fact Sheet (441K)

16)  05-36     Change of Zone 05013 - Application of the
               State of Nebraska Department of Labor for a
               change of zone from O-1 Office District to P
               Public Use District, on property generally
               located at 16th and K Streets.
               Fact Sheet (157K)

17)  05-37     Change of Zone 05014 - Application of the
               Near South Neighborhood Association for a
               change of zone from R-7, R-6, R-5 and R-4
               Residential District to R-2 Residential
               District and P Public Use District on
               property generally located between A and
               South Streets, 13th to 27th Streets; F and A
               Streets, 18th to 19th Streets; and F and A
               Streets, 20th to 27th Streets.
               Fact Sheet (2083K)

18)  05-38     Change of Zone 05017 - Application of Boyce
               Construction for a change of zone from I-1
               Industrial District to R-4 Residential
               District and H-3 Highway Commercial District
               on property generally located southwest of
               North 26th Street and Old Dairy Road.
               Fact Sheet (310K)


ORDINANCES - 3RD READING

19)  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)
                (PASSED, 7-0; #18516)

20)  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)
                (PASSED, 7-0; #18517)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST    (EXTENDED ONE WEEK)

21)  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 (1494K)

22)  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)

23)  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)

24)  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 (698.8K)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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, APRIL 4, 2005 AT 1:30 P.M.:
                                            (APPROVED, 7-0)

31)  05R-62     Approving an agreement between the City and the
                State of Nebraska for long-term loan and display
                of the Nebraska Liberty Bell in Antelope Park.
                Fact Sheet (63K)
                Attachment (90K)

32)  05R-68     Use Permit 04003 - Application of Muff-Stettinger
                LLC to develop Ashley Heights Commercial Center
                for 93,500 square feet of commercial area in an
                existing B-2 Planned Neighborhood Business
                District, with requested waivers for side and
                front yard setbacks, to allow free standing signs
                for pad sites to be more than 30 feet from the
                building, to allow lots that do not front upon a
                public or private street, and to waive the
                preliminary plat process, on property generally
                located north of West Huntington Avenue and east
                of Northwest 48th Street.
                Fact Sheet (397K)

33)  05R-70     Approving a Redevelopment Agreement between the
                City and Brighton Construction Company for an
                affordable housing project located between Vine,
                U, 23rd, and 24th Streets.
                Fact Sheet (79K)
                Attachment (56K)

34)  05R-71     Approving an Addendum extending the term of the
                Agreement between the City and Saint Elizabeth
                Health Systems and its subsidiaries for medical
                services for the treatment of Workers Compensation
                injuries and illnesses to employees of the City
                and LES to April 10, 2006 and to revise the fee
                schedule.
                Fact Sheet (20K)


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 (3/30/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING (4/04/05).


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 APRIL WILL BE THE 11TH AND 25TH.


ADJOURNMENT  (10:25 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.,
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                  on 5 City-TV, Cable Channel 5.
                               ****

     The City Council Agenda and Action Sheet may be accessed
           on the Internet at: lincoln.ne.gov
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