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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 2, 2005 AT 1:30 P.M.
ALL MEMBERS WERE PRESENT
IMMEDIATELY PRECEDING THE FORMAL COUNCIL MEETING, THE CITY
COUNCIL WILL CONVENE AS THE BOARD OF EQUALIZATION TO EQUALIZE
ASSESSMENTS FOR THE NORTH 27TH STREET MAINTENANCE DISTRICT.
(APPROVED, 6-0; SVOBODA: CONFLICT OF INTEREST))
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Micky Buchmann for Granite
City Food & Brewery Ltd. dba Granite City Food &
Brewery at 6150 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-83300)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 2 THRU 4 HAD 2ND READING.)
2) 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)
3) 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)
4) 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)
PUBLIC HEARING - RESOLUTIONS
5) 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)
(AMENDED, 6-1; SVOBODA DISSENTING;
ADOPTED AS AMENDED, 7-0; A-83301)
6) 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)
(ADOPTED, 7-0; A-83302)
7) 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)
(ADOPTED, 7-0; A-83303)
8) 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)
(ADOPTED, 7-0; A-83304)
9) 05R-88 Reappointing Dan Kubr and Terry Culwell to
the Building Code Board of Appeals for three-
year terms expiring April 1, 2008.
(ADOPTED, 7-0; A-83305)
10) 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. (ADOPTED, 7-0; A-83306)
11) 05R-90 Reappointing Rodrigo Cantarero to the
Lincoln-Lancaster County Board of Health for
a three-year term expiring April 15, 2008.
(ADOPTED, 7-0; A-83307)
12) 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.
(ADOPTED, 7-0; A-83308)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, May 16, 2005
at 1:30 p.m. for the App. of Little Mexico of
Lincoln dba Little Mexico for a Class I liquor
license at 5100 N. 27th St., Ste A3,
4, & 5. (ADOPTED, 7-0; A-83309)
14) Setting the hearing date of Monday, May 16, 2005
at 1:30 p.m. for the App. of KKR Enterprises, Inc.
dba Lancaster's for an outside addition to
premises approx. 28' x 18' at 3800 Old Cheney
Road, Ste. 105. (ADOPTED, 7-0; A-83310)
15) Setting the hearing date of Monday, May 16, 2005
at 1:30 for an App. of Cluricaun Wines LLC for a
change of location from 825 M Street, #211 to 2630
N. 27th Street, #A. (ADOPTED, 7-0; A-83311)
16) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by the City Council on April 25, 2005.
(PLACED ON FILE)
Approving the distribution of funds representing
interest earnings on short-term investments of Idle
Funds during the month ended March 31, 2005.
(ADOPTED, 7-0; A-83312)
2004 Annual Report prepared by City Attorney.
(PLACED ON FILE)
Financial statements from Lincoln Electric System
for December 31, 2004 and 2003. (PLACED ON FILE)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
Special Permit 05018 - App. of Inna Strilkivsky for an
early childhood care facility located at N. 29th Street
and Center Street.
Special Permit 05019 - App. of David L. Moreland for an
expansion of a non-conforming use on property located
at N. 70th Street and Adams Street.
Special Permit 05021 - App. of Ramo's Pizza, Inc. for the
authority to sale alcoholic beverages for consumption
on the premises located at S. 48th Street and Normal
Boulevard.
REPORTS OF CITY OFFICERS - NONE
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 17 THRU 18 HAD 1ST READING)
17) 05-50 Amending Ordinance No. 18493 passed by
the City Council on January 31, 2005 to
correct the legal description for the
vacation of North 44th Street and to
provide a better legal description for
the vacation of Leighton Avenue North
43rd Street and North 44th Street and
Blocks 40 and 41, Pitcher & Baldwin's
2nd Addition to University Place, and
Block 116, University Place.
Fact Sheet (13K)
18) 05-51 Approving a contract between the City and
Downtown Lincoln Association to operate and
regulate a mid-week public market in the area
located at 12th Street from Q to R Street and
R Street from 12th to 13th Streets from June
7, 2005 through June 28, 2005.
Fact Sheet (61K)
Attachment (219K)
ORDINANCES - 3RD READING
19) 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)
(PASSED, 7-0; #18533)
20) 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)
(PASSED, 7-0; #18534)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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 9, 2005 AT 1:30 P.M.:
(APPROVED, 7-0)
31) 05R-92 Approving an Agreement between the City
and Burlington Northern Santa Fe Railway
for funding of an overpass in Southwest
40th Street over the existing BNSF
Railroad tracks.
Fact Sheet (60K)
Attachment (76K)
32) 05R-93 Approving an Agreement between the City and the
Railroad Transportation Safety District for
funding construction of a viaduct in Southwest
40th Street over the Burlington Northern Santa Fe
Railroad tracks.
Fact Sheet (60K)
Attachment (37K)
33) 05R-94 Approving an Interlocal Agreement between the City
and Lancaster County for the housing of City
offenders in the County Correctional Facilities
for a one-year period expiring June 30, 2006.
Attachment (229K)
34) 05R-95 Approving a labor agreement between the City and
NAGE, Local R9-38, for the period of August 11,
2005 through August 31, 2008.
Fact Sheet (48K)
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
(5/4/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(5/9/05).
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
MAY WILL BE THE 9TH AND 23RD.
ADJOURNMENT 3:09 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