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City of Lincoln City Council Office 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