InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
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