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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
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City Council