![]() |
![]() |
![]() |
![]() |
lincoln.ne.gov | |
---|---|---|
![]() |
![]() |
![]() |
![]() |
City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, APRIL 3, 2006 AT 1:30 P.M. ALL MEMBERS PRESENT PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of GW Midwest LLC dba Great Wraps for a Class I liquor license at 1422 O Street. (ADOPTED FOR APPROVAL, 7-0; A-83790) 2) Manager application of Harlan R. Musil for GW Midwest LLC dba Great Wraps at 1422 O Street. (ADOPTED FOR APPROVAL, 7-0; A-83791) PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 3 THRU 11 HAD 2ND READING, SEE ITEMS 10 & 11) 3) 06R-51 Approving the 48th and Huntington Avenue Redevelopment Agreement between the City and Kinport Corporation for redevelopment of the south side of Huntington Ave. between 48th and 49th Streets for a Lincoln Police Substation and mixed use retail, residential, commercial and office uses. (Related Items: 06R-51, 06-42) (Action Date: 4/10/06) Fact Sheet (14K) Attachment (50K) Attachment (570K) 4) 06-42 Approving a 15-year lease between the City and Kinport Corporation for the lease of space by the City's Police Department at 49th and Huntington Ave. (Related Items: 06R-51, 06-42) Fact Sheet (15K) Attachment (44K) Attachment (701K) 5) 06-44 Adopting the supplements to the Lincoln Municipal Code dated June, 2005 and December, 2005 as part of the official Lincoln Municipal Code. Fact Sheet (17K) 6) 06-45 Change of Zone 06002 - Application of John Zakovec for a change of zone from AG Agricultural District to H-3 Highway Commercial District on property generally located at N.W. 48th Street and Highway 34. Fact Sheet (952K) 7) 06R-57 Approving the Schworer Conditional Annexation and Zoning Agreement between the City and Dennis Schworer, relating to the annexation of approximately 11.19 acres of property generally located at 33rd and Superior Streets. (Related Items: 06R-57, 06-46, 06-47) (Action Date: 4/10/06) Fact Sheet (8K) Attachment (20K) 8) 06-46 Annexation 05010 - Amending the Lincoln Corporate Limits Map by annexing approximately 11 acres of property generally located at North 33rd and Superior Streets. (Related Items: 06R-57, 06-46, 06-47) Fact Sheet (270K) 9) 06-47 Change of Zone 05029 - Application of Dennis R. Schworer LLC for a change of zone from R-3 Residential District to H-3 Highway Commercial District on property generally located at North 33rd and Superior Streets. (Related Items: 06R-57, 06-46, 06-47) Fact Sheet (274K) 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) (CON'T P.H. AND ACTION IN 2 WKS. TO 4/17/06, 6-1; SVOBODA DISSENTING) 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) (CON'T P.H. AND ACTION IN 2 WKS. TO 4/17/06, 6-1; SVOBODA DISSENTING) Fact Sheet (318K) PUBLIC HEARING - RESOLUTIONS 12) 06R-56 Approving an Interlocal Agreement between the City and Nebraska Games and Parks for the development of an archery range within a portion of Helen Boosalis Park, generally located at 44th and Superior Streets. (ADOPTED, 7-0; A-83792) Fact Sheet (58K) Attachment (20K) 13) 06R-60 Approving appropriations in the amount of $42,475.00 from the operation of Keno lottery funds for various human services. (ADOPTED, 7-0; A-83793) Attachment (22K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 14) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 15) 06R-52 Reappointing Jim McKee, Tim Francis, and Jerry Berggren to the Historic Preservation Commission for three-year terms expiring April 15, 2009. (ADOPTED, 7-0; A-83794) 16) 06R-53 Reappointing Matthew Maude to the Emergency Medical Services Inc. Board of Directors for a three-year term expiring March 28, 2009. (ADOPTED, 7-0; A-83795) 17) 06R-54 Reappointing Kim Todd to the Nebraska Capitol Environs Commission for a three-year term expiring January 9, 2009. (ADOPTED, 7-0; A-83796) 18) 06R-55 Reappointing JoAnne Kissel and Gordon Scholz to the Urban Design Committee for three-year terms expiring February 1, 2009. (ADOPTED, 7-0; A-83797) 19) Clerk's Letter and Mayor's approval of Ordinances and Resolutions passed by Council on March 20, 2006. (PLACED ON FILE) 20) Report from City Treasurer of City Cash on hand at the close of business February 28, 2006. (PLACED ON FILE) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 21 THRU 32 HAD 1ST READING) 21) 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) Attachment (243K) 22) 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) Attachment (21K) 23) 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) Fact Sheet (703K) 24) 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) Fact Sheet (452K) 25) 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) Attachment (2420K) 26) 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) Fact Sheet (376K) 27) 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) Fact Sheet (437K) 28) 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) Fact Sheet (535K) 29) 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. Fact Sheet (60K) Attachment (375K) 30) 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. Fact Sheet (65K) Attachment (289K) 31) 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) Fact Sheet (556K) 32) 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) Fact Sheet (668K) ORDINANCES - 3RD READING 33) 06-33 Approving Contract for Spec. 04-260 for transporting of Bio Solids by Merrell Bros, Inc. to extend through November 19, 2010. (PASSED, 7-0; #18694) Fact Sheet (22K) Attachment (1099K) 34) 06-34 Approving a License Agreement between the City and TowerCo LLC for the placement of City's emergency communications facilities on a tower on property owned by TowerCo generally located south of Hickman, Nebraska. (PASSED, 7-0; #18695) Fact Sheet (22K) Attachment (483K) 35) 06-35 Approving a License Agreement between the City and Nextel WIP Lease Corporation for the placement of City's emergency communications facilities on a tower on property owned by Nextel generally located at S. 68th and Olive Creek in Firth, Nebraska. (PASSED, 7-0; #18696) Fact Sheet (22K) Attachment (548K) 36) 06-36 Approving a License Agreement between the City and Verizon Wireless for the placement of telecommunications facilities upon City property at Max Roper Park generally located at N. 10th and Belmont Street. (PASSED, 7-0; #18697) Fact Sheet (22K) Attachment (975K) 37) 06-37 Change of Zone 05077 - Application of Thunderstone LLC for a planned unit development designation of property generally located at N.W. 32nd Street and West O Street, and for approval of a development plan which proposes modifications to the Zoning Ordinance and Land Subdivision Ordinance to allow approximately 33,000 square feet for product display, marketing, administrative offices and production area, on the underlying H-3 Highway Commercial District. (PASSED, 7-0; #18698) Fact Sheet (2988K) 38) 06-38 Approving the License Agreement for Golf Professionals between the City and Cory Fletcher for a five-year period at Mahoney Golf Course. (PASSED, 7-0; #18699) Fact Sheet (55K) Attachment (399K) 39) 06-39 Approving the License Agreement for Golf Professionals between the City and Timothy Rowland for a five-year period at Pioneers Golf Course. (PASSED, 7-0; #18700) Fact Sheet (54K) Attachment (394K) 40) 06-40 Approving the License Agreement for Golf Professionals between the City and Denis M. Vontz for a five-year period at Highlands Golf Course. (PASSED, 7-0; #18701) Fact Sheet (53K) Attachment (397K) 41) 06-41 Approving the License Agreement for Golf Professionals between the City and John Craw for a five-year period at Holmes Golf Course. (PASSED, 7-0; #18702) Fact Sheet (53K) Attachment (389K) 42) 06-43 Amending Chapter 9.20 of the Lincoln Municipal Code relating to Offenses against public peace by amending Section 9.20.030, Disorderly House; Maintaining, to further define the persons found to be responsible for property; and adding a new section numbered 9.20.045 to establish minimum penalties for maintaining or being an inmate or visitor of a disorderly house and to enhance penalties for subsequent violations of Sections 9.20.030 or 9.20.040 of the Lincoln Municipal Code. (AMENDED, 7-0; PASSED, 7-0; #18703) Fact Sheet (16K) 43) Show Cause Hearing on the Automatic Renewal of the Liquor License of Fat Nappy's, 5100 North 48th Street Due to the Filing of Written Protests to Such Renewal. (3/27/06 - Delayed 1 week to 4/3/06 - Action Only) (AUTOMATIC RENEWAL ALLOWED, 5-2; COOK, ESCHLIMAN DISSENTING) PENDING LIST - DATE CERTAIN 44) 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) ) Fact Sheet (14K) 45) 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 46) 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) 47) 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) 48) 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) 49) 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) 50) 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) 51) 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) 52) 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) 53) 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) 54) 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) 55) 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) 56) 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) 57) 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) 58) 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) 59) 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) 60) 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) 61) 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) 62) 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 10, 2006 AT 1:30 P.M.: (APPROVED, 7-0) 63) 06R-61 Appointing Charlene Gondring to the Community Health Endowment Board of Trustees to fill an unexpired three-year term expiring September 1, 2007. Attachment (30K) 64) 06R-62 Reappointing Susan Rodenburg and Georgia Glass to the Parks and Recreation Advisory Board for three- year terms expiring April 27, 2009. 65) 06R-63 Reappointing Jonathan Cook to the Parks and Recreation Advisory Board for a three-year term expiring April 17, 2009. 66) 06R-64 Reappointing Doug Biggerstaff to the Heating, Ventilating & Cooling Examiners Board for a three- year term expiring April 4, 2009. 67) 06R-65 Reappointing Doug Biggerstaff, Matt Morrissey, Mike McNiff, Roger Kriefels, and Mike Barry to the Gas Piping Examining Board for three-year terms expiring April 1, 2009. 68) 06R-66 Approving the use of public right-of-way by Landon Osborne for installation of a fence/wall at 1840 E Street. Fact Sheet (62K) Attachment (3238K) 69) 06R-68 Amending the West O Street Redevelopment Plan to add nine projects for potential redevelopment in the area generally bounded by 10th Street on the east, 1/2 mile west of N.W. 70th Street on the west, Interstate 80 on the north and Burlington Railroad Yard on the south. Fact Sheet (703K) 70) 06R-69 Approving the use of public right-of-way by the Lincoln-Lancaster County Emergency Management for placement of an outside warning siren on a power pole generally located on South 27th Street south of Whispering Wind Street. Fact Sheet (56K) Attachment (49K) 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 (4/5/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 04/10/06. 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 5:15 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 ***