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Formal Agenda

 

           ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, APRIL 4, 2005 AT 1:30 P.M.

                           ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Kwik Shop, Inc. for a Class D
               liquor license at the following Kwik Shop
               locations: #635 at 2330 North 1st Street, #634 at
               2940 North 14th Street, #637 at 2710 W Street,
               #646 at 3301 Holdrege Street, #632 at 5900 Fremont
               Street, #663 at 4400 Cornhusker Highway, #618 at
               4750 Calvert Street, #620 at 1111 North Cotner
               Boulevard, #650 at 5600 Holdrege Street, and #662
               at 2040 South 56th Street. (ADOPTED FOR APPROVAL, 
               7-0; A-83260)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS 
(ITEMS 2 THRU 11 HAD 2ND READING)

2)   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)

3)   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)

4)   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)

5)   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)

6)   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)

7)   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)

8)   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)

9)   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)

10)  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)

11)  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)


PUBLIC HEARING - RESOLUTIONS

12)  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. 
               (ADOPTED, 7-0; A-83261)
               Fact Sheet (63K)
               Attachment (90K)

13)  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. (AMENDED, 7-0; ADOPTED 
               AS AMENDED, 7-0: A-83262)
               Fact Sheet (397K)

14)  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. (ADOPTED, 7-0; A-83263)
               Fact Sheet (79K)
               Attachment (56K)

15)  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. (ADOPTED, 7-0; A-83264)
               Fact Sheet (20K)

                        - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

16)            Setting the hearing date of Monday, April 18, 2005
               at 1:30 p.m. on the application of The Green House
               LLC dba Dish for a Class I Liquor License including a
               sidewalk caf‚ described as an L-shaped area measuring
               approximately 53 feet by 61 feet located at 1100 "O"
               Street. (ADOPTED, 7-0; A-83265)

17)            Setting the hearing date of Monday, April 18, 2005
               at 1:30 p.m. on the application of Brock Enterprises
               LLC dba The Bristo Ballroom for a Class I Liquor License
               located at 2112 Cornhusker Highway. (ADOPTED, 7-0; 
               A-83266)

18)            Setting the hearing date of Monday, April 18, 2005
               at 1:30 p.m. on the application of Sekips Inc dba
               Spikes Beach Bar & Grille for a Class C Liquor License
               located at 2300 Judson Street. (ADOPTED, 7-0; A-83267)


19)    MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Ordinances and 
               Resolutions that were Passed the City Council on 
               March 28, 2005. (PLACED ON FILE)

               Lincoln Water & Wastewater System Recapitulation of 
               Daily Cash Receipts for march, 2005. (PLACED ON FILE)

               Report from City Treasurer of Franchise Tax for the month 
               of February, 2005. (PLACED ON FILE)
		
               Setting the hearing date of Monday, April 18, 2005 at 
               1:30 p.m. on the application of Playmakers Inc dba 
               Playmakers for a Class C Liquor License including an 
               outdoor area measuring approximately 185 feet by 190 
               feet located at 640 W. Prospector Court, Suite 300. 
               (ADOPTED, 7-0; A-83268)

               Report from City Treasurer Telecommunications 
               Occupation Tax for the month of January, 2005: Verizon 
               Select Services, KDDI America Inc, Quantum Shirt Comm, 
               XO Communications Services Inc, Voicecom Telecomm, 
               TracFone Wireless Inc, Qwest Commications Corp, 
               T-Netix Telecom Services Inc, One Call Comm, 
               Guaranteed Phone Services, USA Inc, IBM Global Services, 
               Star Numbers Inc, Trans National Communications 
               International Inc, Telecorp Comm, Global Crossing   
               Telecommunications, UCN Inc, Cincinnati Bell Any 
               Distance Inc, Working Assests Funding Service, 
               McLeodUSA Telecommunications Services, Virgin Moblie 
               USA, On Star Corporation, Bell-Atlantic Communications, 
               ACN Communications Services, CIII Communications 
               Operations, Intellical Operator Services, Primus 
               Telecommunications, ECI Communications Inc, Alltel 
               Nebraska Inc, New Cingular Wireless, Cricket 
               Communications Inc, USCOC of Greater Iowa, AT&T 
               Communications of Midwest, Nebraska Technology & 
               Telecommunications; February, 2005: ATS Mobile 
               Telephone Inc, Vartec, Excel, NOSVA Limited Partnership, 
               Affinity Network Inc, Association Administrators, 
               Tri-M Communications Inc, Lightyear Networks 
               Solutions Inc, LDMI Telecommunications Inc, 
               GTC Telecom Corp, NOS Communications Inc, 
               Acceris Communications Corp, Zone Telecom Inc, 
               GlobalCom Inc, Southwestern Bell Comm Services, 
               Nextel West Corp, Guaranteed Phone Service, Nextel 
               Partners, Sprint Spectrum, Cellular One, Sprint Comm, 
               MCI WorldCom Network Services. (PLACED ON FILE)


               THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone 04062 - Application of the Planning 
               Director, to amend Title 27 of the Lincoln Municipal 
               Code relating to Zoning by adding a new section 
               defining alternative to imprisonment facility, 
               child care facility, and disability; revising the 
               definitions of group home and health care facility; 
               adding special permits for alternative to imprisonment 
               facility and child care facility in the AGR and R-1 
               through R-8 residential districts, and repealing certain 
               other sections of the Lincoln Municipal Code. 
               Change of Zone 04066 - Application of the Planning 
               Director, to amend Title 27 of the Lincoln Municipal Code 
               relating to the Zoning Code by adding a new section numbered 
               27.03.417 to add a definition for major street; by amending 
               Sections 27.31.090, 27.37.060, 27.45.070, and 27.51.090 to 
               reduce the required front yard in the B-2, B-5, H-4 and I-3 
               zoning districts when the front yard abuts a major street; 
               by amending Section 27.67.030 to prohibit parking in the front 
               six feet of the required front yard in the B-1, H-1, H-2, 
               and H-3 zoning districts; by amending Section 27.71.080 
               to require a fence installed on a double frontage lot that 
               separates the double frontage lot from the abutting public 
               property to have a gate or opening in the fence to facilitate 
               routine care of such public property unless the public property 
               is maintained by a homeowners association; and repealing 
               Sections 27.31.090, 27.37.060, 27.45.070, 27.51.090, 27.67.030, 
               and 27.71.080 of the Lincoln Municipal Code as hitherto existing. 
               Change of Zone 05020 - Application of Prairie Homes, from AG   
               Agricultural District to R-3 Residential, R-5 Residential District, 
               B-2 Planned Neighborhood Business District, and O-3 Office Park 
               District, on property generally located at N. 84th Street and 
               Adams Street.
               Change of Zone 05023 - Application of Richard Evans, from R-2  
               Residential District to R-3 Residential District, on property 
               generally located at N. Cotner Boulevard and Orchard Street. 
               Change of Zone 05024 - Application of Brain Carstens on 
               behalf of Hartland Homes, from AG Agricultural District to R-3 
               Residential District, on property generally located at N. 14th 
               Street and Humphrey Avenue. 
               Special Permit No. 05015 - Application of Brain Carstens 
               on behalf of Hartland Homes, Hartland Homes, Hartland's Garden Valley   
               Community Unit Plan, for approximately 326 dwelling units, with 
               requests to waive the preliminary plat process, block length, average 
               lot width, lot area, double frontage lots, pedestrian easements, 
               and sanitary sewer running opposite of street grade, on property 
               located at N. 14th Street and Humphrey Avenue.
               Change of Zone 05025 - Application of Ironwood Estates LLC, 
               from AG Agricultural District to R-3 Residential District, on 
               property located at S. 93rd Street and Old Cheney Road. 
               Special Permit No. 05017 - Application of Ironwood Estates LLC,  
               Ravenwood Community Unit Plan, for approximately 44 single family 
               dwellings and 5 outlots, with requests to waive the preliminary 
               plat process, allow sanitary sewer to run opposite the street grade, 
               and greater than maximum block lengths, on property located at 
               S. 93rd Street and Old Cheney Road. 
               Change of Zone No. 05026 - Application of Apple's Way LLC, 
               Apple's Way Planned Unit Development, from AGR Agricultural Residential 
               District to R-1 Residential District and B-2 Planned Neighborhood 
               Business District, for 32 lots and 235,000 square feet of commercial 
               floor area, on property located at S. 66th Street and Highway 2. 
	

REPORTS OF CITY OFFICERS - NONE

                                 - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS 
(ITEMS 20 THRU 23 HAD 1ST READING)

20)  05-39     Approving a contract between the City and Lincoln
               Haymarket Development Corp. to operate and regulate
               a Saturday public market in the Haymarket area, 7th
               Street from P to Q Streets and P Street from 7th to
               8th Streets.
               Fact Sheet (62K)
               Attachment (308K)

21)  05-40     Approving a ten-year License Agreement between the
               City and HobbyTown Unlimited for the use of a portion
               of Oak Lake Park to develop and maintain a model car
               race track.
               Fact Sheet (13K)
               Attachment (453K)

22)  05-41     Change of Zone 05006 - Application of Lyle Mayer for
               a change of zone from AG Agricultural District to AGR
               Agricultural Residential District on property generally
               located at the northeast corner of Southwest 84th Street
               and West Pioneers Blvd. (In connection w/05R-74)
               Fact Sheet (269K)

23)  05R-74    Appeal of Hub Hall and Lyle Mayer from the Planning
     Approval  Commission denial of Special Permit 05003 to develop
     Denial    Meadow View 2nd Addition Community Unit Plan for 57
               dwelling units in split jurisdiction, with requested
               waivers of the required ornamental lighting, sidewalks,
               street trees, landscape screens, block length,
               preliminary plat process, non-perpendicular lot lines,
               lot depth to width ratio and to allow sanitary sewer to
               flow opposite street grade, on property generally
               located at the northeast corner of Southwest 84th Street
               and West Pioneers Blvd. (In connection w/05-41)
               (Action Date: 4/18/05)
               Fact Sheet (1659K)


ORDINANCES - 3RD READING

24)  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%. (PASSED, 7-0; #18518)
               Fact Sheet (58K)


RECONSIDERATION OF RESOLUTION A-83258

25)            Comp. Plan Amendment 05001 - Amending the 2025
               Lincoln City-Lancaster County Comprehensive Plan and
               the Future Lane Use Plan to include the Stevens Creek
               Watershed Master Plan as a subarea plan. (To
               clarify a Motion to Amend) (MOTION TO RECONSIDER, 6-1; 
               DISSENTING: FRIENDT; AMENDED, 7-0; ADOPTED AS AMENDED, 
               7-0; A-83258)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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 11, 2005 AT 1:30 P.M.:
                                                  (APPROVED, 7-0)

36)  05R-72    Approving a contract involving the expenditure of money
               from appropriations of more than one fiscal year of CIP
               funds for Pine Lake Road from 40th Street to 61st
               Street including South 56th Street from Shadow Pines
               Drive to Thompson Creek Boulevard, City Project No. 700014.
               Fact Sheet (60K)

37)  05R-73    Accepting an offer of donation in the amount of $5,000.00
               for the funding of the StarTran Ride for Five Program.
               Attachment (33K)


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 (4/6/05) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (4/11/05).


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  4:50 P.M.


                               ***
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      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.
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 Internet at:            lincoln.ne.gov
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