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Formal Agenda

 

           ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
                    MONDAY, APRIL 18, 2005 AT 1:30 P.M.

                            ALL MEMBERS PRESENT

                    MAYOR'S ANNUAL AWARD OF EXCELLENCE
          HONORABLE MENTION: DODI WARNE, LINCOLN POLICE DEPARTMENT
           WINNERS: DAVE BOMBERGER, PARK & RECREATION DEPARTMENT; 
               JAY EDMISTON, PUBLIC WORKS & UTILITIES DEPARTMENT;
                     & LEON MARQUART, HEALTH DEPARTMENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of The Green House, LLC dba Dish for
               Class I liquor license at 1100 "O" Street. (ADOPTED 
               FOR APPROVAL, 7-0; A-83275)
               Amended

2)             Manager application of Travis J. Green for The
               Green House, LLC dba Dish at 1100 "O" Street.
               (ADOPTED FOR APPROVAL, 7-0; A-83276)

3)             Application of Brock Enterprises, LLC dba The
               Bristo Ballroom for a Class I liquor license at
               2112 Cornhusker Highway. (ADOPTED FOR APPROVAL, 
               7-0; A-83277)

4)             Manager application of Kendra Brock for Brock
               Enterprises, LLC dba The Bristo Ballroom at 2112
               Cornhusker Highway. (ADOPTED FOR APPROVAL, 
               7-0; A-83278)

5)             Application of Sekips, Inc. dba Spikes Beach Bar &
               Grille for a Class I liquor license at 2300 Judson
               Street. (ADOPTED FOR APPROVAL, 7-0; A-83279)

6)             Manager application of Derek L. Breemes for
               Sekips. Inc. dba Spikes Beach Bar & Grille at 2300
               Judson Street. (ADOPTED FOR APPROVAL, 7-0; A-83280)

7)             Application of Playmakers, Inc. dba Playmakers for
               a Class C liquor license and an expanded outdoor
               area measuring 190 feet by 185 feet at 640 W.
               Prospector Court, Suite 300. (ADOPTED FOR APPROVAL, 
               5-2; DISSENTING: FRIENDT, MCROY; A-83281)

8)             Manager application of Brent A. Zywiec for Playmakers, 
               Inc. dba Playmakers at 640 W. Prospector Court, Suite 
               300. (ADOPTED FOR APPROVAL, 5-2; DISSENTING: FRIENDT, 
               MCROY; A-83282)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 9 THRU 11 HAD 2ND READING)

9) 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)

10)  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)

11)  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)


PUBLIC HEARING - RESOLUTIONS

12)  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. (ADOPTED, 7-0; A-83283)
               Fact Sheet (13K)
               Attachment (29K)

13)  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. (ADOPTED, 7-0; A-83284)
               Fact Sheet (11K)
               Attachment (362K)

14)  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. (ADOPTED, 7-0; A-83285)
               Attachment (217K)

15)  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. (ADOPTED, 
               6-1; DISSENTING: NEWMAN; A-83286)
               Fact Sheet (326K)

16)  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. 
               (PUBLIC HEARING & ACTION DELAYED FOR 2 WEEKS 
               TO 5/2/05, 7-0)
               Fact Sheet (526K)

17)  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. (ADOPTED, 7-0; A-83287)
               Fact Sheet (11K)

                       - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

18)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 04081 - Application submitted
               by Stone Bridge Creek LLC, from I-3 Employment Center
               District to R-3 Residential District and AG Agricultural
               District to I-3 Employment Center District, on property
               located at Humphrey Avenue and Redstone Road.
               Special Permit No. 04067 - Application
               submitted by Stone Bridge Creek LLC, Stone Bridge Creek
               Addition Community Unit Plan, for 124 dwelling units,
               with requests to waive minimum lot depth, preliminary
               plat process, minimum area, front, side and rear yard
               setbacks, average lot width, private roadway design
               standards, sidewalk, and curb and gutter, on property
               located at Humphrey Avenue and  Redstone Road.
               Use Permit No. 139A - Application submitted
               by Stone Bridge Creek LLC, for approximately 478,55
               square feet of employment center, on property generally
               located Humphrey Avenue and Redstone Road.
               Change of Zone No. 05028 - Application submitted
               by Director of Urban Development Department, from I-1
               Industrial District to B-3 Commercial District, on
               property located at N. 27th and Apple Streets.
               Change of Zone No. 05029 - Application submitted
               by Olsson Associates, from R-3 Residential District
               to H-3 Highway Commercial District, on property
               located at N. 33rd Street and Superior Street.


19)    MISCELLANEOUS REFERRALS

               Setting the hearing date of Monday, May 2, 2005 at 
               1:30 pm for a Manager Application of Micky Buchmann 
               for Granite City Food & Brewery Ltd dba Granite Cit 
               Food & Brewery located at 6150 "O" Street. 
               (ADOPTED, 7-0; A-83288) 

               Clerk's Letter and Mayor's Approval of Ordinances 
               and Resolutions passed by the City Council on 
               April 11, 2005. (PLACED ON FILE)
			
               Aquila's 2004 Financial and Operational Information 
               Report in accord with Ordinance No. 16713. (PLACED 
               ON FILE)		

               Report from City Treasurer of City Cash on hand at the 
               close of business on February 28, 2005. (PLACED ON FILE)


REPORTS OF CITY OFFICERS

20)            Affidavit of Mailing for Board of Equalization Meeting
               for the North 27th Street Maintenance District to
               be held on Monday, May 2, 2005. (PLACED ON FILE)

                         - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 21 AND 22 HAD 1ST READING)

21)   05-45    Approving a Communication Site License Agreement
               between the City and Verizon Wireless for the
               placement of telecommunications facilities upon City
               property at Star City Shores generally located at
               27th Street and Highway 2.
               Fact Sheet (20K)
               Attachment (752K)

22)  05-46     Approving a Communication Site License Agreement
               between the City and Nextel Partners for the placement
               of telecommunications facilities upon City property
               at Star City Shores generally located at 27th Street
               and Highway 2.
               Fact Sheet (20K)
               Attachment (763K)


ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS

(MOVED TO WAIVE COUNCIL RULES TO VOTE AS FOLLOWS: 05-34, 05-33, 
& 05R-69; 7-0)

23)  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)
               (4/11/05 - Action Delayed 1 wk to 4/18/05 w/ public
               hearing limited to expert testimony) (PASSED, 7-0; #18526)
               Fact Sheet (310K)
               Attachment (322K)

24)  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) (4/11/05 -
               Action Delayed 1 wk to 4/18/05 w/ public hearing
               limited to expert testimony)(ADOPTED, 7-0; A-83289)
               Attachment (38K)

25)  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)
               (4/11/05 - Action Delayed 1 wk to 4/18/05
               w/ public hearing limited to expert testimony)
               (MOVED MTA#1, #2, #3, & #4, 7-0; PASSED AS AMENDED, 
               7-0; #18525)
               Fact Sheet (545K)

26)  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. (PASSED, 
               7-0; #18527)
               Fact Sheet (62K)
               Attachment (308K)

27)  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.
               (PASSED, 7-0; #18528)
               Fact Sheet (13K)
               Attachment (453K)

28)  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) (PASSED, 7-0; #18529)
               Fact Sheet (269K)

29)  05R-74    Appeal of Hub Hall and Lyle Mayer from the
     Approval  Planning Commission denial of Special Permit 05003
     Denial    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) (ACCEPTED SUBSTITUTE RESOLUTION FOR 
               APPROVAL, 7-0; ADOPTED SUBSTITUTE RESOLUTION, 7-0; 
               A-83290)
               Fact Sheet (1659K)


PENDING LIST - DATE CERTAIN - NONE

PENDING LIST   (EXTENDED ONE WEEK)

30)  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)

31)   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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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 25, 2005 AT 5:30 P.M.:            (APPROVED, 7-0)

40)  05R-81    Approving a three-year advertising contract between
               the City and Double Eagle Beverage for advertising at
               Pershing Center.
               Fact Sheet (53K)
               Attachment (752K)

41)  05R-82    Approving a three-year advertising contract between the
               City and Alltel Communications for advertising at Pershing
               Center.
               Fact Sheet (52K)
               Attachment (371K)

42)  05R-83    Authorizing the use of the public right-of-way for installation
               of a fiber optic communication line in North 17th Street and
               Court Street from the University of Nebraska - Lincoln City
               Campus to the Bob Devaney Sports Center Complex located at
               1600 Court Street.
               Fact Sheet (55K)
               Attachment (451K)

43)  05R-84    Authorizing the use of the public right-of-way by
               WRK, LLC for installation of a dock at 210 N. 14th
               Street.
               Fact Sheet (83K)
               Attachment (95K)


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 (4/20/05) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (4/25/05).


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 3:45P.M.



                               ***
                    The City Council Meeting
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          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.
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 Internet at:             lincoln.ne.gov
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