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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 11, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE - MAYOR'S AWARD OF EXCELLENCE- FEBRUARY
RECIPIENTS - JOANNE FARRELL & KIMBERLY WIDICKER OF DEPT. OF AGING FOR
THE CATEGORY OF PRODUCTIVITY; MARCH RECIPIENTS - PAM GRUBER & KRISTY BASSETT
OF PARKS AND RECREATION DEPT. IN THE CATEGORY OF PRODUCTIVITY.
PRESENTATION BY STUDENTS OF THE PRAIRIE HILL LEARNING CENTER
CIVICS EDUCATION PROGRAM : "PROJECT CITIZEN"
Ben Eigbrett, Reed Brodersen, Claire Briney, Alec Dugas,
Maddie Joutras, Jessie West
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 1 THRU 4
HAD 2ND READING)
1) 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)
2) 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)
3) 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)
4) 05R-74 Appeal of Hub Hall and Lyle Mayer from the
Approval Planning Commission denial of Special Permit
Denial 05003 to develop 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)
PUBLIC HEARING - RESOLUTIONS
5) 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)
(ADOPTED, 7-0; A-83269)
6) 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)
(ADOPTED, 7-0; A-83270)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of Monday, April 25, 2005
at 5:30 p.m. for the App. of Shogun RK, Inc. dba
Shogun for a Class J liquor license located at
3701 S. 9th St., #2. (ADOPTED, 7-0; A-83271)
8) Setting the hearing date of Monday, April 25, 2005
at 5:30 p.m. for the App. of Alley, Inc. dba The
Alley for an addition to premises at 1031 M
Street. (ADOPTED, 7-0; A-83272)
9) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances and
Resolutions that were passed the City Council on
April 4, 2005. (PLACED ON FILE)
Investment of Funds for the week of March 14 through
April 1, 2005. (ADOPTED, 7-0; A-83273)
Informal Paving Petition for a Paving District to be
created in Mandarin Circle signed by Ross D. Wunderlich
and Dean Fandrich.(REFERRED TO PUBLIC WORKS-ENGINEERING
DEPT.)
Report of UNL Microbiologist for water testing for the
month of March 2005. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
10) Setting a hearing date of Monday, May 2,
2005, at 1:30 p.m. for Board of Equalization
for North 27th Street Maintenance District.
(APPROVED, 7-0)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 11 THRU 13 HAD 1ST READING)
11) 05-42 Change of Zone 05021 - Application of
the University Place Community
Organization for a change of zone on
approximately 18 blocks within the
University Place neighborhood from R-6,
R-5, and R-4 Residential Districts and
B-3 Commercial District to R-5, R-4, and
R-2 Residential Districts, generally
located between Cleveland and Huntington
Avenues from 46th to 47th Streets,
between Madison Avenue and Adams Street
from 49th to 56th Streets, and between
Garland Street and Huntington Avenue
from 48th to 56th Streets.
Fact Sheet (1108K)
12) 05-43 Change of Zone 05018 - Application of Ron
Tonniges for a change of zone from AGR
Agricultural District to R-3 Residential
District on property generally located on the
east side of South 84th Street, south of Old
Cheney Road.
Fact Sheet (262K)
13) 05-44 Misc. No. 05005 - Amending Sections 26.11.032
and 26.31.015 of the Lincoln Municipal Code
to clarify that a preliminary plat is not
required when a community unit plan, planned
unit development, special permit, or use
permit is submitted that contains all the
necessary information for a subdivision.
Fact Sheet (18K)
ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS
14) 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)
(PASSED, 7-0; #18519)
15) 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)
(PASSED, 7-0; #18520)
16) 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)
(ACTION DELAYED 1 WK TO 4/18/05 W/PUBLIC
HEARING LIMITED TO EXPERT TESTIMONY)
17) 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)
ACTION DELAYED 1 WK TO 4/18/05 W/PUBLIC HEARING
LIMITED TO EXPERT TESTIMONY)
18) 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)
(ACTION DELAYED 1 WK TO 4/18/05 W/PUBLIC HEARING
LIMITED TO EXPERT TESTIMONY)
19) 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)
(PASSED, 7-0; #18521)
20) 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)
(ACCEPTED SUBSTITUTE RESOLUTION FOR APPROVAL, 7-0;
AMENDED, 7-0; ADOPTED SUBSTITUTE RESOLUTION AS AMENDED,
7-0; A-83274)
21) 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)
(PASSED, 7-0; #18522)
22) 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)
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18523)
23) 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)
(PASSED, 7-0; #18524)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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 18, 2005 AT 1:30 P.M.:
(APPROVED, 7-0)
34) 05R-75 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth therein
for the period of March 16 - 31, 2005.
Fact Sheet (13K)
Attachment (29K)
35) 05R-76 Approving a Service Agreement between the City and
Stock Realty & Auction Company for a four-year
term to provide auctioneer services for surplus
property.
Fact Sheet (11K)
Attachment (362K)
36) 05R-77 Approving an Agreement between the City, Regent
Heights Limited Partnership, Ridge Development
Company, Northern Lights LLC, and the Yeutter
Family LLC, to modify the duties and
responsibilities of the parties as originally
provided for under the Conditional Annexation and
Zoning Agreement for Regent Heights First Addition
and Northern Lights Addition dated December 6,
1996.
Attachment (217K)
37) 05R-78 Waiver No. 05003 - Application of Geanine
Bordogna, on behalf of Park Place Estates, to
waive the subdivision requirements that street
trees and sidewalks be installed within four years
following final plat approval, and that ornamental
lights and landscape screens be installed within
two years following final plat approval, within
Park Place Estates 5th Addition, generally located
at Park Place Drive and Park Place Court.
Fact Sheet (326K)
38) 05R-79 Comprehensive Plan Amendment No. 05002 - Amending
the Mobility and Transportation element of the
2025 Lincoln-Lancaster County Comprehensive Plan
by upgrading existing US Highway 77 to freeway
standards from Interstate 80 to the planned South
Beltway interchange south of Saltillo Road.
Fact Sheet (526K)
39) 05R-80 Approving a grant application to be submitted to
the State in combination with Lancaster County on
behalf of First Responders for 2005 grant
funding.
Fact Sheet (11K)
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 (4/13/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/18/05).
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 3:26 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