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Formal Agenda

 

             ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, MAY 9, 2005 AT 1:30 P.M.

              ALL MEMBERS WERE PRESENT EXCEPT CAMP & WERNER

            MAYORS AWARD OF EXCELLENCE FOR THE MONTH OF APRIL
                AWARDED TO OFFICER MARK FLUITT, WITH LPD 
                    IN THE CATEGORY OF PRODUCTIVITY

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Ken's Liquor Inc. for a special
               designated license for an outside area measuring
               approximately 100 feet by 100 feet in the parking
               lot of BBQ4U at 1145 North 47th Street on May 21,
               2005 from 11:00 a.m. to 10:00 p.m. with a rain
               date of June 11, 2005. (ADOPTED FOR APPROVAL, 
               5-0; ABSENT: CAMP, WERNER; A-83313)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 2 & 3 HAD 2ND READING)

2)   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)

3)   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)


PUBLIC HEARING - RESOLUTIONS

4)   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. (ADOPTED, 5-0; ABSENT: CAMP, 
               WERNER; A-83314)
               Fact Sheet (60K)
               Attachment (76K)

5)   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. (ADOPTED, 5-0; ABSENT: CAMP, 
               WERNER; A-83315)
               Fact Sheet (60K)
               Attachment (37K)

6)   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. 
               (ADOPTED, 5-0; ABSENT: CAMP, WERNER; A-83316)
               Attachment (229K)

7)   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. (ADOPTED, 5-0; 
               ABSENT: CAMP, WERNER; A-83317)
               Fact Sheet (48K)
               Attachment (99K)

                        - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

8)             Setting the hearing date of Monday, May 23, 2005
               at 1:30 p.m. on the Manager Application of Tyler
               Vanderzee for Mickey's Irish Pub and Grill located
               at 1550 S. Coddington Avenue. (ADOPTED, 5-0; ABSENT: 
               CAMP, WERNER; A-83318)

9)             Setting the hearing date of Monday, May 23, 2005
               at 1:30 p.m. on the Application of The Noodle Shop
               Co - Colorado Inc dba Noodles & Company for a
               Class J Liquor License located at 2801 Pine Lake
               Road. (ADOPTED, 5-0; ABSENT: CAMP, WERNER; A-83319)


10)    MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Ordinances 
               and Resolutions Passed by the City Council on 
               May 2, 2005. (PLACED ON FILE)

               Setting the hearing date of May 23, 2005 at 5:30 p.m. 
               for a Manager Application of Ryan K. Haunschild for 
               CEC Entertainment Inc dba Chuck E. Cheese's located 
               at 221 N. 66th Street. (ADOPTED, 5-0; ABSENT: CAMP, 
               WERNER; A-83320)

               Setting the hearing date of May 23, 2005 at 5:30 p.m. 
               for a Manger Application of Jeffrey D. Dodge for 
               Ramos Pizza Inc dba Ramos Pizza Pub & Buster's BBQ 
               located at 2435 S. 48th Street. (ADOPTED, 5-0; 
               ABSENT: CAMP, WERNER; A-83321)


REPORTS OF CITY OFFICERS

11)            Assessing special taxes for the costs of the
               improvements in the North 27th Street Improvement
               Maintenance District. (ADOPTED, 5-0; ABSENT: CAMP, 
               WERNER; A-83322)

12)            Request of Will Prout, President of Big John's
               Billiards Inc, to close for 3 months under a
               "hardship status" granted by the Nebraska Liquor
               Control Commission. (PLACED ON FILE)

13)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for April, 2005. (PLACED 
               ON FILE)

14)            Report from the City Treasurer of Franchise Tax
               from Aquila for the month of March, 2005. (PLACED 
               ON FILE)

15)            Report from City Treasurer Telecommunications
               Occupation Tax for the month of January thru March,
               2005: Trinsic Comm Inc, AmeriVision Comm Inc, Shaffer
               Comm Inc; February, 2005: New Cingular Wireless,
               Cricket Comm, NE Technology & Telcomm, AT&T Comm,
               USCOC of Greater Iowa, Alltel Comm, Alltel Systems
               of the Midwest, Working Assets Funding Service,
               Norstar Network Services, CIII Comm Operations,
               Intellicall Operator Services, UCN Inc, Virgin
               Mobile USA, Telecorp Comm, Verizon Select
               Services, Trans National Comm International Inc,
               McLeodUSA Telecomm Services, XO Comm Services,
               Primus Telecomm, One Call Comm, USA Inc, Bell-
               Atlantic Comm, OnStar Corporation, ACN Comm
               Services, VoiceCom Telecomm, Global Crossing
               Telecomm, Liberty Wireless, TracFone Wireless,
               Cincinnati Bell Any Distance, Qwest Comm
               Corporation, Quantum Shift Comm, IBM Global
               Services, T-Netix Telecom Services, KDDI American
               Inc; and March, 2005: Cellular One, MCI WorldCom
               Network Services, Sprint Comm, Sprint Spectrum,
               Nextel Partners, Alltel Comm, Southwestern Bell
               Comm Services, Tri-M Comm, Who's Calling Inc,
               Touch 1 Comm, LDMI Telecomm, GTC Telecom, NOS
               Comm, GlobalCom Inc, Association Administrators,
               Zone Telecom Inc, Acceris Comm Corp, Lightyear
               Network Solutions, Affinity Network Inc, VarTec
               Telecom Inc, Excel Telecomm, Nosva Limited
               Partnership, ATS Mobile Telephone Co. (PLACED 
               ON FILE)
                         - END CONSENT AGENDA -


ORDINANCES - 1ST READING  (ITEMS 16 HAD 1ST READING)

16)   05-52    Approving a one year/200 hour lease with option to
               renew for three one-year periods between the City
               and Platte Valley Equipment Company to provide a
               mechanical front wheel drive tractor to mow large
               open areas and disk non-vegetated area at Bluff Road
               and N. 48th Street landfills.
               Fact Sheet (76K)
               Attachment (133K)


ORDINANCES - 3RD READING

17)  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) (PASSED, 5-0; ABSENT: 
               CAMP, WERNER; #18535)
               Fact Sheet (150K)

18)  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) (PASSED, 5-0; ABSENT: CAMP, WERNER; 
               #18536)
               Fact Sheet (169K)

19)  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. (PASSED, 5-0; ABSENT: CAMP, 
               WERNER; #18537)
               Fact Sheet (162K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

20)  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)

21)   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)

22)  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)

23)  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)

24)  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)

25)  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)

26)  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)

27)  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)

28)  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)

29)  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 16, 2005 AT 1:30 P.M.:  (APPROVED, 5-0)

30)  05R-96    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16-31,
               2005.
               Fact Sheet (13K)
               Attachment (25K)

31)  05R-97    Approving the appointment of Karl Fredrickson 
               as the Director of Public Works and Utilities
               effective May 16, 2005.

32)  05R-98    Reappointing Ken Svoboda to the Lincoln/Lancaster
               County Board of Health for a three-year term
               expiring April 15, 2008.


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 (5/11/05)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (5/16/05).


ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS AGENDA,
AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO TO AT THIS TIME.
THE OPEN MICROPHONE SESSIONS FOR MAY WILL BE THE 9TH AND 23RD.


ADJOURNMENT   2:45 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