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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 17, 2006 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE - CHARLENE ESTES, CRIME ANALYST
FROM THE POLICE DEPARTMENT, IN THE CATEGORIES OF SAFETY AND
PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of BDF, LLC for a special
designated liquor license for an outside area
measuring approximately 50,000 square feet in
the parking lot at 501 N. 8th Street on June
24 and 25, 2006, between the hours of
8:00 a.m. and 1:00 a.m. (AMENDED, 7-0;
ADOPTED FOR APPROVAL, 7-0; A-83814)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 2
THRU 5 HAD 2ND READING)
2) 06-57 Declaring Lots 3 - 8, Block 3, Cottage Home
Addition as surplus property generally
located at 15th and Claremont Streets.
Fact Sheet (168K)
3) 06R-72 Approving the Harrison Heights Conditional
Annexation and Zoning Agreement between the City
and Developments Unlimited LLP relating to the
annexation of approximately 90.58 acres, generally
located at N. 91st Street and Leighton
Avenue. (Related Items: 06R-72, 06-58, 06-59)
(Action Date: 4/24/06)
Attachment (582K)
4) 06-58 Annexation 05017 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 90.6 acres of property
generally located at 91st Street and Leighton
Avenue. (Related Items: 06R-72, 06-58,
06-59)
Fact Sheet (258K)
5) 06-59 Change of Zone 05074 - Application of Ridge
Development Company for a change of zone from
AG Agricultural District to R-3 Residential
District on property generally located at
91st Street and Leighton Avenue. (Related
Items: 06R-72, 06-58, 06-59)
Fact Sheet (230K)
PUBLIC HEARING - RESOLUTIONS
6) 06R-70 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 - 31,
2006. (ADOPTED, 7-0; A-83815)
Fact Sheet (13K)
Attachment (23K)
7) 06R-73 Use Permit 108A - Application of Pioneer Greens
LLC to allow an additional sign on property
generally located at 84th Street and Pioneers
Blvd. (ADOPTED, 7-0; A-83816)
Fact Sheet (629K)
8) 06R-74 Approving an Interlocal Cooperative Agreement
between the City, the Nebraska Game & Parks
Commission, and the Lower Platte South NRD for the
continuance of the Saline Wetland Conservation
Partnership for the management of the
Implementation Plan for the Conservation of
Nebraska's Eastern Saline Wetlands for a three
year period. (ADOPTED, 7-0; A-83817)
Fact Sheet (69K)
Attachment (252K)
9) 06R-75 Approving a Cooperative Agreement between the City
and the Nature Conservancy for the continuance of
the Saline Wetland Conservation Partnership for
the cooperative management of the Implementation
Plan for the Conservation of Nebraska's Eastern
Saline Wetlands for a three year period.
(ADOPTED, 7-0; A-83818)
Fact Sheet (67K)
Attachment (494K)
10) 06R-59 Approving a Conditional Zoning Agreement between
B&J Partnership and the City to prevent specific
uses for the development associated with a change
of zone from R-5 Residential to B-3 Commercial on
property generally located at 15th Street and
South Street. (Related Items: 06R-59, 06-51)
(Action Date: 4/10/06) (4/3/06 - P.H. &
Action con't. 2 weeks to 4/17/06)
(ADOPTED, 7-0; A-83819)
Fact Sheet (8K)
Attachment (11K)
11) 06-51 Change of Zone 06013 - Application of B&J
Partnership for a change of zone from R-5
Residential District to B-3 Commercial
District on property generally located at
15th and South Streets. (Related Items:
06R-59, 06-51) (4/3/06 - P.H. & Action
con't. 2 weeks to 4/17/06)(PASSED, 7-0; #18709)
Fact Sheet (318K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
12) Report of UNL Microbiologist for water testing for
the month of March, 2006. (PLACED ON FILE)
13) Setting the hearing date of Monday May 1, 2006 at
1:30 p.m. for Man. App. for Jonathan Rickers for
Buffalo Wild Wings Grill & Bar located at 1328 P
Street and 7301 S. 27th Street. (ADOPTED, 7-0; A-83820)
14) Setting the hearing date of Monday May 1, 2006 at
1:30 p.m. for Man. App. for Jeremiah Penn for The
Noodle Shop Co. - Colorado, Inc. dba Noodles &
Company located at 210 N. 14th Street.
(ADOPTED, 7-0; A-83821)
15) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
16) 06R-71 Appointing Thomas Saddler and Mary Anne Wells to
the Urban Design Committee for three-year terms
expiring February 1, 2007. (ADOPTED, 7-0; A-83822)
Attachment (50K)
17) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on April 3, 2006. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 18
THRU 22 HAD 1ST READING)
18) 06-60 Approving the Sublease and Lease Agreement
between the City, University of Nebraska,
NEBCO, and the Nebraska School Activities
Association for the lease of space by the
Nebraska School Activities Association in
Haymarket Park.
Fact Sheet (9K)
Attachment (1603K)
19) 06-61 Approving an eight-year extension of the
Franchise Agreement between the City and
Aquila for the provision of natural gas
services to Lincoln.
Fact Sheet (8K)
Attachment (2083K)
20) 06-62 Approving a transfer of appropriations and
cash, where appropriate, between projects
within the Sanitary Landfill Fund.
Fact Sheet (59K)
21) 06-63 Change of Zone 05082 - Application of Sierra
Investments, LLC, for a change of zone from
R-6 Residential District to B-3 Commercial
District on property generally located at the
southwest corner of 21st and K Streets.
Fact Sheet (1205K)
Fact Sheet (1016K)
22) 06-64 Vacation 05012 - Vacating the east/west alley
from North 33rd to North 34th Streets,
between O and P Streets.
Fact Sheet (126K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 06-53 Authorizing the execution and delivery of the
Southwood Lutheran Church, Buckshot Farms and
Sundance Conditional Annexation and Zoning
Agreement and authorizing the issuance of (1)
a water revenue obligation, (2) a sanitary
sewer revenue obligation and (3) a highway
allocation obligation to evidence certain of
the City's obligations under the Agreement.
(Related Items: 06-53, 06R-47, 06-28,
06-29) (SUBSTITUTE ORDINANCE ACCEPTED, 7-0;
PASSED, 7-0; #18710)
Attachment (243K)
24) 06R-47 Approving the Lincoln Federal Bancorp, Inc.
Conditional Annexation and Zoning Agreement
between the City and Lincoln
Federal Bancorp, Inc. relating to the annexation
of approximately 240 acres, generally located at
South 40th Street and Rokeby Road. (Related
Items: 06-53, 06R-47, 06-28, 06-29,) (Action
Date: 4/17/03) (ADOPTED, 7-0; A-83823)
Attachment (21K)
25) 06-28 Annexation 05016 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 240 acres of property generally
located at South 40th Street and Rokeby Road.
(Related Items: 06-53, 06R-47, 06-28,
06-29) (PASSED, 7-0; #18711)
Fact Sheet (703K)
26) 06-29 Change of Zone 06009 - Application of
Southwood Lutheran Church and Buckshot Farms
for a change of zone from AG Agricultural
District to R-3 Residential District and R-4
Residential District, on property generally
located at South 40th Street and Rokeby Road.
(Related Items: 06-53, 06R-47, 06-28,
06-29) (PASSED, 7-0; #18712)
Fact Sheet (452K)
27) 06-52 Authorizing the execution and delivery of the
Waterford Estates Conditional Annexation and
Zoning Agreement and authorizing the issuance
of (1) a water revenue obligation, (2) a
sanitary sewer revenue obligation and (3) a
highway allocation obligation to evidence
certain of the City's obligations under the
Agreement. (Related Items: 06-52, 06-49,
06-48, 06-50) (SUBSTITUTE ORDINANCE ACCEPTED,
7-0; PASSED, 7-0; #18713)
Attachment (2420K)
28) 06-49 Annexation 05003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 90 acres of property generally
located at North 87th Street and College Park
Road. (Related Items: 06-52, 06-49, 06-48,
06-50) (PASSED, 6-0; MARVIN ABSTAINING; #18714)
Fact Sheet (376K)
29) 06-48 Annexation 04003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 300 acres of property generally
located east and west of 98th Street from
Holdrege to O Streets. (Related Items: 06-
52, 06-49, 06-48, 06-50) (PASSED, 6-0;
MARVIN ABSTAINING; #18715)
Fact Sheet (437K)
30) 06-50 Change of Zone 04019 - Application of Richard,
Daniel, Mark and Thomas Meginnis, Southview, Inc.
and Ridge Development Company for a change of
zone from AG Agricultural District to R-3
Residential District and B-2 Planned Neighborhood
Business District on property generally
located east and west of 98th Street from
Holdrege to O Streets.(Related Items: 06-52, 06-49,
06-48, 06-50) (PASSED 6-0; MARVIN ABSTAINING; #18716)
Fact Sheet (535K)
31) 06-54 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public market
in the Haymarket area, 7th Street from P to Q
Streets and P Street from 7th to 8th Streets.
(AMENDED, 7-0; PASSED, 7-0; #18717)
Fact Sheet (60K)
Attachment (375K)
32) 06-55 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
6, 2006 through June 27, 2006. (PASSED, 7-0; #18718)
Fact Sheet (65K)
Attachment (289K)
33) 06-56 Change of Zone 06011 - Application of
Elizabeth South Partners for a change of zone
from R-1 Residential District to B-2 Planned
Neighborhood Business District, on property
generally located at South 70th Street and
Pioneers Boulevard. (Related Items: 06-56,
06R-67) (PASSED, 7-0; #18719)
Fact Sheet (556K)
34) 06R-67 Use Permit 84B - Application of Elizabeth South
Partners to reconfigure parking areas, add parking
spaces and reduce the front yard setback along
Pioneers Boulevard, in property generally located
at South 70th street and Pioneers Boulevard.
(Related Items 06-56, 06R-67) (Action Date:
4/17/06) (ADOPTED, 7-0; A-83824)
Fact Sheet (668K)
35) 06R-66 Approving the use of public right-of-way by
Landon Osborne for installation of a fence/wall
at 1840 E Street. (4/10/06 - Action
Delayed 1 wk to 4/17/06) (ACTION DELAYED ONE WEEK
TO 4/24/06, 7-0)
Fact Sheet (62K)
Attachment (3238K)
PENDING LIST - DATE CERTAIN (SEE ITEM #36)
36) 06-16 Repealing Chapter 14.44 of the Lincoln
Municipal Code relating to Obstructions on
Corner Lots as the requirements set forth in
Chapter 14.44 would be more appropriately
addressed in the City of Lincoln Design
Standards.(2/27/06 - Placed on Pending for
8 wks to 4/24/06 (Action only) )
(MOVED TO PENDING, NO DATE CERTAIN, 7-0)
Fact Sheet (14K)
37) 06R-34 Approving an Agreement between the City and State
Dept. of Roads to identify a corridor for a linear
park on the north side of the South Beltway
between 27th and 84th Streets. (3/6/06 - P.H.
w/Action con't. to 3/13/06) (Request to place on
Pending w/con't. P.H. & Action on 5/15/06)
(3/13/06 - Con't. P.H. & Action to 5/15/06)
Fact Sheet (54K)
Attachment (108K)
PENDING LIST (EXTENDED ONE WEEK)
38) 01-39 Vacating the south 40' of X St. adjacent to
Lot 1, Block 6, North Lincoln Add., generally
located at N. 9th & X Its. (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)
39) 02-31 Vacating a 5' x 30'6" portion of N. 7th St.
adjacent to the south 37' of Lot 9, Block 32,
Original Plat of Lincoln, generally located
at N. 7th & P Its. (3/18/02 - Public
Hearing Contd. 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 (699K)
40) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees & Elected
Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)
Fact Sheet (3K)
41) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approx. 214 acres of
property generally located at N. 56th St. & Arbor
Rd. (In connection 04R-273, 04-189, 04R-
272) (10/11/04 - Placed on Pending
Indefinitely)
42) 04R-273 Approving the North Bank Junction Annexation &
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approx. 214 acres on property
generally located at N. 56th St. & Arbor Rd.
(In connection w/04-188, 04-189, 04R-272)
(10/11/04 - Placed on Pending Indefinitely)
Attachment (527K)
43) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change from AG Agricultural to R-3 Residential for
approx. 123 acres & H-4 General Commercial for
approx. 21 acres on property generally located at
N. 56th St. & Arbor Rd. (In connection w/04-
188, 04R-273, 04R-272) (10/11/04 - Placed
on Pending Indefinitely)
Fact Sheet (217K)
44) 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 & side yard
setback requirements on property located at N.
56th St. & Arbor Rd. (In connection w/04-188,
04R-273, 04R-189, 04R-272) (10/11/04 -
Placed on Pending Indefinitely)
Fact Sheet (535K)
45) 05R-29 Application of Capital Humane Society for a waiver
of Lincoln Municipal Code Chapter 2.81 Living Wage
Ordinance. (2/14/05 - Placed on Pending, No
Date Certain)
Fact Sheet (38K)
Attachment (657K)
46) 05-107 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter M to adjust the
schedules of annual, monthly, biweekly & hourly
pay range equivalents. (8/8/05 - Action Delayed
2 wks. to 8/22/05) (8/22/05 - Placed on Pending,
No Date Certain) (1/30/06 - Removed from Pending
for Action 2/6/06 - See Item #21, 05-107S)
(2/6/06 - Substitute 05-107S relating to cost
of living adjustment passed by Council)
Fact Sheet (137K)
Attachment (127K)
47) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan by
changing approximately 14 acres of Public/Semi-
Public and Green Space to Commercial use, on
property generally located at the southeast corner
of N. 84th Street and Havelock Ave.
(Related Items: 05R-301, 05R-302)
(12/19/05 - Placed on Pending Indefinitely)
Fact Sheet (676K)
48) 05R-302 Approving a memorandum of Understanding between
the City and the Lancaster County Agricultural
Society associated with the Society's request for
a comprehensive plan amendment designating
approximately 14.4 acres generally located on the
southeast corner of 84th Street and
Havelock Avenue as commercial. (Related Items:
05R-301, 05R-302) (12/19/05 - Placed on
Pending Indefinitely)
49) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Association for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at North 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)
Fact Sheet (1465K)
50) 06-17 Amending Chapter 9.16 of the Lincoln
Municipal Code relating to Offenses Against
Public Decency by adding a new section
numbered 9.16.250 to provide residency
restrictions for sex offenders. (2/13/06 -
Placed on Pending Indefinitely)
Fact Sheet (13K)
51) 06-18 Amending Chapter 9.16 of the Lincoln
Municipal Code relating to Offenses Against
Public Decency by adding a new section
numbered 9.16.260 to provide loitering
restrictions for sex offenders. (2/13/06
- Placed on Pending Indefinitely)
Fact Sheet (13K)
52) 06-11 Amending Chapter 8.22 of the Lincoln
Municipal Code relating to Littering by
adding a new section numbered 8.22.175 to
provide that persons or businesses
advertising through materials distributed in
a manner in violation of Chapter 8.22 shall
be equally liable along with the person
distributing such materials and providing a
rebuttable presumption that any person or
business advertised in the posting shall be
guilty of violating the section; by amending
Section 8.22.210, relating to penalties for
violations, to increase the maximum fine for
violations of Chapter 8.22 from $100.00 to
$500.00. (2/13/06 - Placed on Pending
Indefinitely and to have P.H. when removed
from Pending)
Fact Sheet (13K)
53) 05R-262 Approving the Prairie Village North Conditional
Annexation and Zoning Agreement between the City
and Dubois Land LLC, Prairie Village North LLC,
Prairie Home Builders Inc., Roland Group LLC, and
Faith Evangelical Lutheran Church, relating to the
annexation of approximately 149.09 acres,
generally located at the northeast corner of N.
84th Street and Adams Street and the use of
said 149.09 acres along with approximately
23 acres located at the southeast corner
of N. 84th Street and Adams Street
under a Planned Unit Development.
(Related Items: 05-164, 05R-262, 05-165)
(11/7/05 - P.H. con't. 3 wks. to 11/28/05)
(Action Delayed 2 wks to 12/12/05)
(12/12/05 - Action Delayed 1 wk to 12/19/05)
(12/19/05 - Action Delayed 3 wks. to 1/9/06)
(1/9/06 - Action delayed 4 wks. to 2/6/06
& items to be re-ordered on the agenda
as follows: 05-165A, 05-165B, 05R-262, 05-164)
(2/6/06 - Action delayed 3 wks. to 2/27/06)
(2/27/06 - Action Delayed 2 wks. to 3/13/06)
(3/13/06 - Pending Indefinitely)
Attachment (46K)
54) 05-164 Annexation 05013 - Amending the Lincoln Corporate
Limits Map by annexing approximately 149.09 acres
of property generally located at North 84th Street
and Adams Street. (Related Items: 05-164, 05R-
262, 05-165) (11/7/05 - P.H. con't. 3 wks.
to 11/28/05)(Action Delayed 2 wks to 12/12/05)
(12/12/05 - Action Delayed 1 wk to 12/19/05)
(12/19/05 - Action Delayed 3 wks. to 1/9/06)
(1/9/06 - Action delayed 4 wks. to 2/6/06
& items to be re-ordered on the agenda
as follows: 05-165A, 05-165B, 05R-262, 05-164)
(2/6/06 - Action delayed 3 wks. to 2/27/06)
(2/27/06 - Action Delayed 2 wks. to 3/13/06)
(3/13/06 - Pending Indefinitely)
Fact Sheet (472K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, APRIL 24, 2006 AT 5:30 P.M.:
(APPROVED, 7-0)
55) 06R-76 Reappointing Larry Hudkins, Tony Messineo, Hena
Roy, and Ed Schneider to the Lincoln-Lancaster
County Board of Health for three-year terms
expiring April 15, 2009.
56) 06R-77 Appeal of Bob and Vicki Rokeby and Larry
Schmieding from the Planning Commission approval
of Preliminary Plat 06002 Schworer Addition to for
lots for commercial development, with waivers of
the time frame for improvements and posting of
sureties and waiver of the stormwater detention
requirements, in property generally located at
North 33rd and Superior Streets.
Fact Sheet (757K)
57) 06R-78 Approving Supplemental Agreement No. 1 between the
City and the Nebraska Department of Roads for the
State to undertake the construction inspection for
the project and to obligate Federal funds on
property generally located at South 14th Street
and Highway 2.
Fact Sheet (48K)
Attachment (93K)
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 (4/19/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 04/24/06.
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. OPEN MICROPHONE SESSIONS FOR APRIL
ARE THE 10TH AND 24TH.
ADJOURNMENT 4:35 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
***
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