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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MAY 15, 2006 AT 1:30 P.M. ALL MEMBERS PRESENT THERE WILL BE NO MEETING THE WEEK OF MAY 29TH DUE TO THE MEMORIAL DAY HOLIDAY ELECTION OF COUNCIL CHAIR & VICE CHAIR PATTE NEWMAN WAS ELECTED COUNCIL CHAIR; DAN MARVIN WAS ELECTED VICE CHAIR PUBLIC HEARING LIQUOR RESOLUTIONS 1) Manager application of Matthew Owens for Summit Properties LLC dba Sidelines Deli at 1000 Saunders Ave. (WITHDRAWN, 7-0; #38-4525) 2) Application of RFOX, Inc. dba Red Fox Westside Grille to expand its presently licensed premises by adding an area measuring approximately 38 feet by 64 feet to the south at 1339 West O Street. (ADOPTED, 7-0; A-83848) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 3 THRU 5 HAD 2ND READING) 3) 06-68 Amending Chapters 2.62, 2.65, and 2.66 of the Lincoln Municipal Code relating to the Police and Fire Pension Plan requiring the City to make the annual actuarially determined normal cost contribution to such pension plan. Fact Sheet (50K) 4) 06-69 Change of Zone 06019 - Amending Section 27.61.090 and 27.63.280 of the Lincoln Municipal Code to allow for the enlargement, extension, or reconstruction of buildings and structures located upon a premises, the use of which constitutes a nonstandard use by special permit. Fact Sheet (18K) 5) 06-71 Amending Chapter 9.16 of the Lincoln Municipal Code relating to Offenses Against Public Decency by adding a new section 9.16.250 to provide residency restrictions for sex offenders. Fact Sheet (13K) PUBLIC HEARING - RESOLUTIONS (SEE ITEM 6) 6) 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place on Pending w/con't. P.H. & Action on 5/15/06) (3/13/06 - Con't. P.H. & Action to 5/15/06) (Request to Withdraw) (WITHDRAWN, 7-0; #38-4526) Fact Sheet (54K) Attachment (108K) 7) 06R-88 Accepting the report of new and pending claims against the City and approving disposition of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, 2006. (ADOPTED, 7-0; A-83849) Fact Sheet (13K) Attachment (21K) 8) 06R-90 Approving a redevelopment agreement between the City and Thunderstone LLC for development of a 31,782 square foot commercial space in the West O Street Redevelopment Area generally located at N.W. 32nd and West O Streets. (ADOPTED, 7-0; A-83850) Fact Sheet (54K) Attachment (705K) 9) 06R-91 Use Permit 06004 - Application of Southview and Ridge Development Company to develop 224,000 square feet of commercial floor area and a requested waiver of the Design Standards to allow signs for individual pad sites to be located more than 30 feet from the building, on property generally located northwest of the intersection of South 40th Street and Yankee Hill Road. (ADOPTED, 7-0; A-83851) Fact Sheet (865K) 10) 06R-92 Approving the acquisition of approximately 14.9 acres of property for use as park and trail land generally located at South 56th Street and Pine Lake Road. (ADOPTED, 6-1; ESCHLIMAN DISSENTING; A-83852) Fact Sheet (454K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 11) MISCELLANEOUS REFERRALS Report of UNL Microbiologist for water testing for the month of April, 2006. (PLACED ON FILE) Setting the hearing date of Monday, June 5, 2006, at 1:30 p.m. for the application of Christo's Pub, Inc. dba Christo's Pub for an addition to 100 North 12th Street, by adding a sidewalk café approximately 45 feet by 8 feet on the south side of the building. (ADOPTED, 7-0; A-83853) REPORTS OF CITY OFFICERS 12) Affidavit of Mailing for Board of Equalization on the North 27th Street Maintenance District. 13) Clerk's Letter & Mayor's Approval of Resolutions and Ordinances passed by the City Council on May 8, 2006. (PLACED ON FILE) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14 THRU 20 HAD 1ST READING, SEE ITEMS 17, 18, 19, & 20) 14) 06-70 Vacation No. 05013 - Vacating the east/west alley in Block 121, Original Lincoln, bounded by 12th, 13th, K Streets and Lincoln Mall. Fact Sheet (286K) 15) 06R-95 Approving the King Annexation Agreement between the City and Tom and Betty King relating to the annexation of approximately 2.5 acres of property generally located at the northwest corner of N. 14th Street and Fletcher Ave. (Related Items: 06R-95, 06-72) (Action Date: 6/5/06) Attachment (14K) 16) 06-72 Annexation No. 06003 - Amending the Lincoln Corporate Limits Map by annexing approximately 2.5 acres of property generally located at North 14th Street and Fletcher Avenue. (Related Items: 06R-95, 06-72) Fact Sheet (235K) 17) 06R-96 Approving the Highway 77 & Warlick Boulevard Conditional Annexation and Zoning Agreement between the City and Western Hemisphere Holding Company, Ridge Development Company, Southview Inc., Developments Unlimited, Dial-Southwest Village, LeGrande Excavating, and Norman H. LeGrande, relating to the annexation of approximately 463.8 acres of property generally located at South Folsom Street and West Denton Road. (Related Items: 06R-96, 06-73, 06-74, 06-75) (Action Date: 6/5/06) (WITHDRAWN, 7-0; #38-4527) 18) 06-73 Annexation 05014 - Amending the Lincoln Corporate Limits Map by annexing approximately 463.8 acres of property generally located at South Folsom Street and West Denton Road. (Related Items: 06R-96, 06-73, 06-74, 06-75) (TO HAVE P.H. ON 6/05/06, WITH ACTION ON 6/12/06, 7-0) Fact Sheet (1218K) 19) 06-74 Change of Zone 05061 - Application of Ridge Development and Southview Inc. for a change of zone from AG Agricultural District and AGR Agricultural Residential District to B-2 Planned Neighborhood Business District on property generally located at South Folsom Street and West Denton Road. (Related Items: 06R-96, 06-73, 06-74, 06-75) (TO HAVE P.H. ON 6/05/06, WITH ACTION ON 6/12/06, 7-0) Fact Sheet (2383K) 20) 06-75 Change of Zone 05062 - Application of Ridge Development and Southview Inc. for a change of zone from AG Agricultural District and AGR Agricultural Residential District to R-3 and R-4 Residential Districts on property generally located at South Folsom Street and West Denton Road. (Related Items: 06R-96, 06-73, 06-74, 06-75) (TO HAVE P.H. ON 6/05/06, WITH ACTION ON 6/12/06, 7-0) Fact Sheet (358K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) NONE PENDING LIST - DATE CERTAIN 21) 06R-86 Approving the Development and Conditional Zoning Agreement between the City and B&J Partnership relating to the development of property generally located on the block bounded by 9th, 10th, Hill and Van Dorn Streets. (Related Items: 06R-86, 06-65) (Action Date: 5/8/06) (5/8/06 - Action Delayed w/ P.H., on new information only, for 2 weeks to 5/22/06). Fact Sheet (8K) Attachment (364K) 22) 06-65 Change of Zone 06012 - Application of B&J Partnership for a change of zone from R-2 Residential District and O-2 Suburban Office District to B-1 Local Business District on property generally located on the block bounded by 9th, 10th, Hill and Van Dorn Streets. (Related Items: 06R-86, 06-65) (5/8/06 - Action Delayed w/ P.H., on new information only, for 2 weeks to 5/22/06). Fact Sheet (333K) PENDING LIST (EXTENDED ONE WEEK, SEE ITEMS 31, 32, & 34) 23) 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) 24) 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) 25) 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) 26) 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) 27) 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) 28) 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) 29) 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) 30) 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) 31) 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) (REMOVED FROM PENDING TO HAVE P.H. & ACTION ON 6/05/06, 7-0) Attachment (46K) 32) 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) (REMOVED FROM PENDING TO HAVE P.H. & ACTION ON 6/05/06, 7-0) Fact Sheet (472K) 33) 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) ) (4/17/06 - Moved to Pending List, No Date Certain) Fact Sheet (14K) 34) 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) (4/17/06 - Action Delayed 1 wk. to 4/24/06) (Request to delay action 1 wk. to 5/1/06) (4/24/06 - Action Delayed 1 wk to 5/1/06) (Request to place on Pending - No Date Certain) (5/1/06 - Placed on Pending - No Date Certain) (REMOVED FROM PENDING FOR ACTION ONLY ON 6/05/06, 7-0) Fact Sheet (62K) Attachment (3238K) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, MAY 22, 2006 AT 5:30 P.M.: (APPROVED, 7-0) 35) 06R-93 Approving an Interlocal Agreement between the City and the Lincoln Airport Authority for the performance of an assessment of the Oak Creek Levee. Fact Sheet (59K) Attachment (131K) 36) 06R-94 Approving a Redevelopment Agreement between the City and R Street Lofts, LLC for improvement in support of a housing development on property generally located at 727 R Street. Fact Sheet (65K) Attachment (971K) 37) 06R-97 Declaring the official intent of the City to reimburse certain expenses in connection with the acquisition and construction of improvements to the City's solid waste management and disposal system from the proceeds of solid waste management revenue bonds. 38) 06R-98 Declaring the official intent of the City to reimburse certain expenses in connection with the acquisition of real property and the construction of a parking garage and related improvements from the proceeds of parking revenue bonds. 39) 06R-99 Declaring the official intent of the City to reimburse certain expenses in connection with acquiring real property and constructing, acquiring, equipping, and furnishing improvements to the City's QO1214 Downtown Civic Plaza Redevelopment Project from the proceeds of tax increment bonds. 40) 06R-100 Appointing Wendy Francis to the Lincoln Commission on Human Rights to fill an unexpired three-year term expiring December 31, 2008. Attachment (117K) 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 (5/17/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 05/22/06. 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 MAY ARE THE 8TH AND 22ND. ADJOURNMENT 3:57 P.M. ANNOUNCEMENTS: May 22nd - Meeting Begins at 5:30 p.m. May 29th - No Meeting due to Memorial Day Holiday *** 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 ***