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Formal Agenda

 

                            
                      PRESENT CITY COUNCIL
                                
        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, MAY 16, 2005 AT 1:30 P.M.
                       
                    ALL MEMBERS WERE PRESENT
         
      THERE WILL BE NO COUNCIL MEETING THE WEEK OF MAY 30TH
                  DUE TO MEMORIAL DAY HOLIDAY
                    
PUBLIC HEARING                                           
LIQUOR RESOLUTIONS

1)             Application of Little Mexico of Lincoln, LLC, dba
               Little Mexico for a Class I liquor license at 5100
               North 27th Street, Suites A-3, A-4, A-5. (ADOPTED 
               FOR APPROVAL, 7-0; A-83323)

2)             Manager application of Anita L. Webster for Little
               Mexico of Lincoln, LLC, dba Little Mexico at 5100
               North 27th Street, Suites A-3, A-4, A-5. (ADOPTED 
               FOR APPROVAL, 7-0; A-83324)

3)             Application of KKR Enterprises, Inc dba
               Lancaster's to expand its presently licensed
               premises by the addition of an outside area
               measuring approximately 23 feet by 18 feet to the
               north at 3800 Old Cheney Road, Suite 105. (ADOPTED 
               FOR APPROVAL, 7-0; A-83325)

4)             Application of Cluricaun Wines LLC dba Cluricaun
               Wines LLC to move its presently licensed premises
               location from 825 M Street, #211 to 2630 North
               27th Street, #A. (ADOPTED FOR APPROVAL, 7-0; 
               A-83326)


PUBLIC HEARING - RESOLUTIONS
 
5)   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. (ADOPTED, 7-0; A-83327)
               Fact Sheet (13K)
               Attachment (25K)

6)   05R-97    Approving the appointment of Karl Fredrickson as
               the Director of Public Works and Utilities
               effective May 16, 2005. (ADOPTED, 7-0; A-83328)

7)   05R-98    Reappointing Ken Svoboda to the Lincoln/Lancaster
               County Board of Health for a three-year term
               expiring April 15, 2008. (ADOPTED, 7-0; 
               A-83329)
                       
                        - END OF PUBLIC HEARING -
          

CONSENT AGENDA:
       
PETITIONS & COMMUNICATIONS
  
8)             THE FOLLOWING HAVE BEEN REFERRED TO THE
               PLANNING DEPARTMENT:
               Change of Zone 2382B - Application
               submitted by David Moreland, to amend the Stony
               Ridge Planned Unit Development, to expand the 
               premises authorized for the sale of alcohol for
               consumption on the premises, on property generally
               located at N. 70th Street and Adams Street. 
               Change of Zone 05034 - Application
               submitted by Olsson Associates, from AG Agricultural
               District to R-3 Residential District, on
               property generally located at N. 89th Street
               and Leighton Avenue. 
               Change of Zone 05035 - Application
               submitted by Mark Hunzeker, to amend Section
               27.63.630 Permitted Special Uses: Theaters, to 
               allow theater complexes with more than six
               screens if they are located outside a
               6.5 mile radius from the center of the
               intersection of 13th & "O" Streets. 
               Change of Zone 05036 - Application
               submitted by Mark Hunzeker, from AG Agricultural
               District to B-5 Planned Regional Business District,
               on property generally located at S. 91st Street 
               and Pine Lake Road. 
               Special Permit 05023 - Application
               submitted by Mark Hunzeker, for an 18 screen
               theater and entertainment complex, on
               property generally located at S. 91st Street 
               and Pine Lake Road. 
               Use Permit 140B - Application submitted by
               Mark Hunzeker, for an amendment to allow a regional
               shopping center, on property generally located at 
               S. 91st Street and Pine Lake Road. 
               Change of Zone 05037 - Application
               submitted by the Planning Director, to amend
               Section 27.35.070(e) of the Lincoln Municipal 
               Code relating to required yards adjacent to
               walls with windows for residential uses in the 
               B-4 Lincoln Center Business District, allowing 
               alleys of sixteen feet or more to substitute for
               required yards. 
               Special Permit 05022 - Application
               submitted by Sanford & Son LLC, to operate a rock
               crusher to recycle concrete and asphalt, on
               property generally located east of N. 27th
               Street and Old Dairy Road. 
               Special Permit 05024 - Application
               submitted by Monte and Lisa Froehlich, for an 
               early childhood care facility,
               with requests to waive the submittal of building
               plans and elevations, and the requirement that the
               facility be located on and have access to an
               arterial street, on property generally located at
               N. 15th Street and Knox Street. 

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

10)            Annual Report for the year of 2004 prepared by
               Lincoln Electric System. (PLACED ON FILE)


11)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Ordinances 
               and Resolutions passed by the City Council on 
               May 9, 2005. (PLACED ON FILE)

               Setting the hearing date of June 6, 2005 at 1:30 p.m. 
               for an Application of Jo-Mar Inc dba The Still for a 
               change of location from 5560 S. 48th Street to 6800 
               S. 70th Street. (ADOPTED, 7-0; A-83330)
    
REPORTS OF CITY OFFICERS - NONE
                    
                         - END CONSENT AGENDA -
                                
                                
ORDINANCES - 3RD READING

12)  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. (PASSED,  
               7-0; #18538)
               Fact Sheet (13K)

13)  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. (PASSED,
               7-0; #18539)
               Fact Sheet (61K)
               Attachment (219K)

               
PENDING LIST - DATE CERTAIN - NONE
          
PENDING LIST

14)  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)

15)   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)
                      
16)  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)
                     
17)  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)

18)  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)

19)  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)

20)  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)

21)  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)

22)  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)

23)  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)
          
ADJOURNMENT 1:47P.M.

          

                        NEW CITY COUNCIL


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, MAY 16, 2005 AT 1:30 P.M.
(Immediately following the Adjournment of the Present City Council)

                     ALL MEMBERS WERE PRESENT

OATH OF OFFICE - NEWLY ELECTED AND RE-ELECTED CITY
COUNCIL MEMBERS: ROBIN ESCHLIMAN, DAN MARVIN,  KEN SVOBODA
               
ELECTION OF CHAIRPERSON (Mayor Coleen Seng Acts as
Temporary Chair and Calls for Nominations from Council Members)

(KEN SVOBODA ELECTED AS COUNCIL CHAIR, 7-0)

ELECTION OF VICE CHAIRPERSON (Elected Council Chair Calls
for Nominations from Council Members)

(PATTE NEWMAN ELECTED AS VICE CHAIR, 7-0)
                                                       

PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 1 HAD 2ND READING) 

1)   05-52     Approving a one year/200 hour lease with option 
               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)
 

PUBLIC HEARING - RESOLUTIONS

2)  05R-104    A resolution in appreciation of Glenn Friendt for 
               his service to the City as Council member. (ADOPTED, 
               7-0; A-83331)

3)  05R-105    A resolution in appreciation of Terry Werner for
               his service to the City as  Council member. (ADOPTED 
               7-0; A-83332)
                       
                          - END OF PUBLIC HEARING -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS 
(ITEMS 4 THRU 12 HAD 1ST READING)

4)   05-53     Authorizing and providing for the issuance of
               not to exceed $9,950,000 aggregate principal
               amount of general obligation storm sewer
               bonds of the City of Lincoln and providing
               for the emergency clause. (Request for 2nd
               and 3rd readings on 5/23/05). 

5)   05-54     Annexation No. 01008 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 5.0 acres of property generally
               located at West Van Dorn Street and South
               Coddington Avenue. (In connection w/
               05R-99, 05-55, 05R-100, 05-26)
               Fact Sheet (231K)

6)   05R-99    Approving the West Van Dorn Plaza Annexation and
               Zoning Agreement between the City of Lincoln and
               Stockwell Properties outlining certain conditions
               and understandings with regards to the annexation
               of approximately 5.0 acres of property generally
               located at West Van Dorn Street and South
               Coddingtodn Avenue. (In connection w/05-54, 
               05-55, 05R-100, 05-56) (Action Date:  6/6/05)
               Attachment (163K)

7)   05-55     Change of Zone 3419 - Application Stockwell
               Properties LLC and R.C. Krueger Development
               Company for a change of zone from AG
               Agricultural District, AGR Agricultural
               Residential District, R-3 Residential
               District and B-1 Local Business District to
               B-2 Planned Neighborhood Business District,
               on property generally located northeast,
               southeast and southwest of the intersection
               of West Van Dorn Street and South Coddington
               Avenue. (In connection w/05-54, 05R-99,
               05R-100, 05-56)
               Fact Sheet (274K)

8)   05R-100   Use Permit 133 - Application of Stockwell
               Properties and R.C. Krueger Development Companty
               to develop approximately 40,000  square feet of
               office and commercial floor area, with requested
               waivers of the required preliminary plat process,
               front and side yard setbacks, paving with curb and
               gutter, sidewalks, the requirement that all lots
               have frontage and access to a public street or
               private roadway, minimum lot frontage for a ground
               sign, signs in the front yard, signs more than 30
               feet from a building, street trees, landscaping,
               and parking in the front yards, on property
               generally located northeast, southeast, and
               sougthwest of the intersectiuon of West Van Dorn
               Street and South Coddington Ave. (In connection
               w/05-54, 05R-99, 05-55, 05-56) (Action Date:
               6/6/05)
               Fact Sheet (541K)

9)   05-56     Declaring a tract of land consisting of .24
               acres, more or less, as surplus property
               generally located southeast of the
               intersection of West Van Dorn Street and
               South Coddington Ave. (In connection w/
               05-54, 05R-99, 05-55, 05R-100, 05-56)
               Fact Sheet (267K)
               
10)  05R-101   Approving an amendment to the North 27th Street
               Corridor and Environs Redevelopment Plan to
               include three city-owned lots in the plan
               identified as "Project No. 7.  27th and Apple:
               Commercial Redevelopment",  and the demolition of
               the existing structures generally located at North
               27th and P Streets. (In connection w/05-57, 05-
               58) (Action Date: 6/6/05)     
               Fact Sheet (345K)

11)  05-57     Change of Zone 05028 - Application of Urban
               Development for a change of zone from I-1
               Industrial to B-3 Commercial District on
               property generally located at North 27th and
               Apple Streets. (In connection w/05R-101,
               05-58)
               Fact Sheet (307K)

12)  05-58     Vacation 05004 - Application of the Urban
               Development Department to vacate the
               north/south alley extending south from Apple
               Street, between 27th and 29th Streets.(In
               connection w/05R-101, 05-57)
               Fact Sheet (138K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, MAY 23, 2005 AT 5:30 P.M.:
                                           (APPROVED, 7-0)

13)  05R-103   Accepting the donation of a steel sculpture,
               "Bountiful Prairie" from Westfield Shopping
               Town Gateway Mall for placement at the east
               end of the entrance drive to Mahoney Park.
               Fact Sheet (90K)

14)  05R-102   Comprehensive Plan Amendment No. 05012 - Amending
               the 2025 Lincoln/Lancaster County Comprehensive
               Plan to change the land use designation from
               residential to commercial and change the
               commercial center designation from Neighborhood
               Center to Community Center on property generally
               located at North 84th and Adams Streets, and a
               change from commercial to urban residential on
               property generally located northeast of North 84th
               Street and Leighton Avenue.
               Fact Sheet (407K)


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
(5/18/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(5/23/05).

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  2:05P.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