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City of Lincoln City Council Office Formal Agenda | |
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 25, 2005 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Shogun RK, Inc. dba Shogun for a
Class I liquor license at 3701 South 9th Street,
Suite 2. (ADOPTED FOR APPROVAL, 7-0; A-83291)
2) Manager application of Hyang S. Kim for Shogun RK,
Inc. dba Shogun at 3701 South 9th Street, Suite 2.
(ADOPTED FOR APPROVAL, 7-0; A-83292)
3) Application of Alley, Inc. dba The Alley for an
addition of an outside area measuring
approximately 16 feet by 28 feet at 1031 M Street.
(ADOPTED FOR APPROVAL, 7-0; A-83293)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 4 & 5 HAD 2ND READING)
4) 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)
5) 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)
PUBLIC HEARING - RESOLUTIONS
6) 05R-81 Approving a one-year advertising contract
between the City and Double Eagle Beverage for
advertising at Pershing Center. (AMENDED, 7-0;
ADOPTED AS AMENDED, 7-0; A-83294)
Fact Sheet (53K)
Attachment (752K)
7) 05R-82 Approving a three-year advertising contract
between the City and Alltel Communications for
advertising at Pershing Center. (ADOPTED, 7-0;
A-83295)
Fact Sheet (52K)
Attachment (371K)
8) 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. (ADOPTED, 7-0; A-83296)
Fact Sheet (55K)
Attachment (451K)
9) 05R-84 Authorizing the use of the public right-of-way by
WRK, LLC for installation of a dock at 210 N. 14th
Street. (ACCEPTED SUBSTITUTE RESOLUTION, 7-0;
ADOPTED SUBSTITUTE RESOLUTION, 7-0; A-83297)
Fact Sheet (83K)
Attachment (95K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
10) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by the City Council on
April 18, 2005. (PLACED ON FILE)
Informal Petition submitted by Cheryl L. Wolfe
requested to create a Water District in Roselyn
Terrace from 16th to 17th Streets. (REFERRED
TO PUBLIC WORKS DEPARTMENT)
Investment of funds for the week ending April 4
thru April 22, 2005. (ADOPTED, 7-0; A-83298)
REPORTS OF CITY OFFICERS
11) Assessment Resolution for the North 27th Street
Maintenance District for Board of Equalization
Meeting to be held on Monday, May 2, 2005.
(ADOPTED, 7-0; A-83299)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 12 THRU 14 HAD 1ST READING)
12) 05-47 Change of Zone 04062 - Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
adding a new section numbered 27.03.053 to provide
a definition for "alternative to imprisonment
facility"; by adding a new section numbered
27.03.153 to provide a definition for "children's
home"; by adding a new section numbered 27.03.165
to provide a definition for disability or handicap;
amending Section 27.03.300 to revise the definition
of "group home"; by amending Section 27.03.310 to
revise the definition of "health care facility";
by amending Sections 27.09.040, 27.11.040, 27.13.040,
27.15.040, 27.17.040, 27.19.040, 27.21.040, 27.23.040,
and 27.24.040 to allow alternative to imprisonment
facilities and children's homes as permitted special
uses in the AGR and R-1 through R-8 residential
districts; by adding a new section numbered 27.63.750
to add alternative to imprisonment facility as a
permitted special use; and by adding a new section
numbered 27.63.760 to add children's homes as a
permitted special use. (In connection w/05-48)
Fact Sheet (150K)
13) 05-48 Misc. 05008 - Amending Title 1 of the Lincoln
Municipal Code to create a new Chapter 1.28,
Reasonable Accommodation, relating to persons with
disabilities or handicaps seeking equal access to
housing under the Rehabilitation Act, the Americans
with Disabilities Act, the Federal Fair Housing
Amendments Act and the Nebraska Fair Housing
Act. (In connection w/05-47)
Fact Sheet (169K)
14) 05-49 Change of Zone 05023 - Application of Richard Evans
for a change of zone from R-2 Residential District
to R-3 Residential District on property generally
located at the northwest corner of 64th and Orchard
Streets.
Fact Sheet (162K)
ORDINANCES - 3RD READING
15) 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.
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18530)
Fact Sheet (1108K)
16) 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. (PASSED, 7-0; #18531)
Fact Sheet (262K)
17) 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.
(PASSED, 7-0; #18532)
Fact Sheet (18K)
PENDING LIST - DATE CERTAIN
18) 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.
(4/18/05 - Public Hearing Con't. w/Action
in 2 wks to 5/2/05)
Fact Sheet (526K)
PENDING LIST (EXTENDED ONE WEEK)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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, MAY 2, 2005 AT 1:30 P.M.: (APPROVED, 7-0)
29) 05R-85 Accepting the report of new and pending claims against
the City and approving disposition of claims set forth
therein for the period of April 1 - 15, 2005.
Fact Sheet (13K)
Attachment (26K)
30) 05R-86 Appointing Matthew Maude to the Emergency Medical
Services Inc. Board of Directors to fill an
unexpired three-year term expiring March 28, 2006.
Attachment (28K)
31) 05R-87 Appointing Vance Behrens, John Sinclair, and Bruce
Fischer to the Building Code Board of Appeals for
three-year terms expiring April 1, 2008.
Attachment (61K)
32) 05R-88 Reappointing Dan Kubr and Terry Culwell to the
Building Code Board of Appeals for three-year
terms expiring April 1, 2008.
33) 05R-89 Reappointing William Hastings, Jolanda Kuzma, Sue
Quambusch, Sandra Washington, and Mary Arth to the
Parks and Recreation Advisory Board for three-year
terms expiring April 27, 2008.
34) 05R-90 Reappointing Rodrigo Cantarero to the Lincoln-
Lancaster County Board of Health for a three-year
term expiring April 15, 2008.
35) 05R-91 Approving a transfer of appropriations in the
amount of $1,000.00 from General Funds Account
01001.5628 (Discretionary Funds - Friendt) to
Account 15001.4301 Police and Fire Pension
Plan.
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 (4/27/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (5/2/05).
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 5:49P.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