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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