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City of Lincoln City Council Office Formal Agenda |
THE FOLLOWING WAS HELD IN THE CITY COUNCIL CHAMBERS: MAYOR SENG DELIVERED THE STATE OF THE CITY MESSAGE ON MONDAY, JUNE 26, 2006 AT 3:00 P.M. THE CITY BUDGET WAS PRESENTED AT 3:30 P.M. IMMEDIATELY FOLLOWING THE STATE OF THE CITY MESSAGE ********************* ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JUNE 26, 2006 AT 5:30 P.M. DUE TO HOLIDAY - NO COUNCIL MEETING THE WEEK OF JULY 3RD ALL MEMBERS PRESENT PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of Irie, Inc. dba Doc's Place to expand its licensed premise by the addition of an outside area measuring approximately 15 ft. by 36 ft. to the west at 140 N. 8th St., Suite 150. (ADOPTED FOR APPROVAL, 6-0; CONFLICT OF INTEREST: CAMP; A-83891) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 2 THRU 5 HAD 2ND READING) 2) 06-99 Annexation 06010 - Amending the Lincoln Corporate Limits Map by annexing approximately 4.07 acres of property generally located at N. 10th St. and Morton St. Fact Sheet (183K) 3) 06-100 Change of Zone 06033 - Application of Lincoln Federal Bancorp for a change from AG Agricultural to R-3 Residential District, on property generally located at S. 27th St. and Whispering Wind Blvd. Fact Sheet (656K) 4) 06-101 Change of Zone 06037 - Application of the Planning Director for a change from County B Business to City H-3 Highway Commercial District on property generally located 850 ft. south of the intersection of S. 134th St. and O St. Fact Sheet (250K) 5) 06-102 Change of Zone 06038 - Application of Summit Homes for a change from B-2 Planned Neighborhood Business to R-5 Residential District on property generally located at N. 27th St. and Folkways Blvd. Fact Sheet (209K) PUBLIC HEARING - RESOLUTIONS 6) 06R-118 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of June 1 - 15, 2006. (ADOPTED, 7-0; A-83892) Fact Sheet (13K) Attachment (21K) 7) 06R-119 Approving a Redevelopment Agreement between the City and Hy-Vee, Inc. for the redevelopment of a portion of Sub-Project Area B located on the northeast corner of 50th and O Sts. in connection with City Specification No. 05-049. (AMENDED, 7-0; ADOPTED, 7-0; A-83893) Fact Sheet (21K) Attachment (416K) 8) 06R-120 Misc. 06008 - Application of Bottlers LLC to reduce the parking requirements due to a change in use within a mixed-use building located at 643 S. 25th St., known as the Bottlers Building. (ADOPTED, 7-0; A-83894) Fact Sheet (204K) 9) 06R-121 Approving an Agreement between the City and the County of Lancaster to contribute equally the local matching portion of the Federal Funds obligated for the East Beltway Preliminary Design, Corridor Protection, and ROW (State Proj. #DPU-55 (156), Control #12848, City #542702). (PUBLIC HEARING & ACTION CONT'D TO 7/10/06, 7-0) Fact Sheet (48K) 10) 06R-122 Approving an Agreement between the City and the Nebraska Department of Roads for Federal funds to be obligated and used for the East Beltway Preliminary Design, Corridor Protection, and ROW (State Proj. #DPU-55 (156), Control #12848, City #542702). (PUBLIC HEARING & ACTION CONT'D TO 7/10/06, 7-0) Fact Sheet (47K) 11) 06R-123 Ordering the construction of sidewalks pursuant to § 14.80.070 of the Lincoln Municipal Code in the following general locations: north side of Pioneers Blvd. from 280 ft. east of S. 59th St. Ct. to Ridgeview Dr.; south side of Old Cheney Rd. from 400 ft. west of S. 62nd St. to S. 70th St.; west side of S. 70th St. from Old Cheney Rd. to Nebraska Hwy 2; east side of S. 70th St. from Stevens Ridge Rd. to Pine Lake Rd.; south side of Stevens Ridge Rd. adjacent to Outlot "A" and Lot 1, Block 1, Edenton South Add. Replat; south side of Pine Lake Rd. from Helen Witt Dr. to 560 ft. east of Helen Witt Dr.; north side of Normal Blvd. from S. 62nd St. to 390 ft. west of Park Crest Dr.; south side of Leighton Ave. from 120 ft. east of N. 82nd St. to N. 84th St.; east side of N. 84th St. from Vine St. to 540 ft. north of Larson Blvd.; north side of Huntington Ave. from N. 33rd St. to N. 35th St.; north side of Huntington/Leighton Ave. from N. 43rd St. to N. 44th St.; west side of N. 33rd St. from Superior St. north 520 ft.; the north side of Superior St. from N. 33rd St. west 320 ft.; north side of Fletcher Ave. from N. 27th St. west 310 ft.; west side of N. 27th St. from Fletcher Ave. north 300 ft.; west side of N. 27th St. from 580 ft. south of Fletcher Ave. south 500 ft.; west side of N. 26th St. from 390 ft. north of Kensington Dr. north 360 ft.; east side of N.W. 12th St. from W. Commerce Way to W. Highland Blvd.; west side of N.W. 48th St. from W. Huntington Ave. to W. Adams St.; north side of W. St. Paul Ave. from N.W. 52nd St. west 115 ft.; south side of W. St. Paul Ave. from N.W. 52nd St. to N.W. 53rd St.; west side of N.W. 52nd St. from W. Huntington Ave. to W. St. Paul Ave.; south side of W. Huntington Ave. from N.W. 52nd St. east 105 ft.; north side of W. Leighton Ave. from the east line of N.W. 52nd St. west 300 ft.; all within the City of Lincoln where sidewalks do not currently exist. (ACTION DELAYED FOR 2 WEEKS TO 7/10/06; 7-0) Fact Sheet (59K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 12) Setting the Hearing Date of July 10, 2006 for the App. of B & R Stores, Inc. dba Russ's Market 16 for a Class C liquor license at 4400 S. 33rd Street Court. (ADOPTED, 7-0; A-83895) 13) Setting the Hearing Date of July 10, 2006 for the App. of B & R Stores, Inc. dba Russ's Market 1 for a Class C liquor license at 1709 Washington Street. (ADOPTED, 7-0; A-83896) 14) Setting the Hearing Date of July 10, 2006 for the App. of B & R Stores, Inc. dba Russ's Market 15 for a Class C liquor license at 2840 S. 70th Street. (ADOPTED, 7-0; A-83897) 15) Setting the Hearing Date of July 10, 2006 for the App. of B & R Stores, Inc. dba Russ's Market 21 for a Class C liquor license at 1550 S. Coddington Street. (ADOPTED, 7-0; A-83898) 16) Setting the Hearing Date of July 17, 2006 for the App. of STL of Nebraska, Inc. dba Target Store T-0217 for a Class DK liquor license at 333 N. 48th Street. (ADOPTED, 7-0; A-83899) 17) MISCELLANEOUS REFERRALS Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on June 12, 2006. (PLACED ON FILE) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on June 19, 2006. (PLACED ON FILE) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT: Change of Zone 06035: App. of the Director of Parks and Recreation, from P Public Use District to O-2 Suburban Office District, on property located at University Place Park, 49th Street to 51st Street. Change of Zone 06040: App. of the 40th & "A" Neighborhood Association, from B-1 Local Business District, B-3 Commercial District, and R-6, R-5, and R-4 Residential Districts to R-4 and R-2 Residential Districts, on property generally located between 40th and 48th Streets, from Randolph to "A" Streets. Change of Zone 06041: App. of ESP, Inc., from AG Agricultural District to I-3 Employment Center District, on property generally located at S. 14th Street and Yankee Hill Road. Use Permit No. 117B: App. of ESP, Inc., for an amendment to expand the boundary of the use permit to allow an additional 37,000 square feet of commercial and office floor area, with a waiver request to allow lots without frontage to a public street or private roadway, on property generally located at S. 14th Street and Yankee Hill Road. Use Permit No. 04006A: App. of ESP, Inc., for an amendment to reduce the rear yard setback, on property generally located at NW 1st Street and Highlands Boulevard. Special Permit No. 06039: App. of LeGrande Excavating, for a limited landfill, on property generally located at SW 20th Street and West "O" Street. REPORTS OF CITY OFFICERS 18) Report from City Treasurer of City Cash on Hand at the close of business on May 31, 2006. (PLACED ON FILE) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19 THRU 23 HAD 1ST READING, SEE ITEM 23) 19) 06-103 Approving a thirteen-month Lease Agreement between the City and Robert and Janette Fiala for the lease of space by the Lincoln Area Agency on Aging for its Lincoln Information For the Elderly (LIFE) at 370 Fifth St., David City, Nebraska. Fact Sheet (60K) Attachment (70K) 20) 06-104 Amending the pay schedules of employees whose classifications are assigned to the pay range which is prefixed by the letter N by creating the job classification of "Property and Evidence Technician." Fact Sheet (56K) Attachment (66K) 21) 06-105 Amending the pay schedules of employees whose classifications are assigned to the pay range which is prefixed by the letter A by creating the job classification of "Buyer." Fact Sheet (48K) Attachment (66K) 22) 06-106 Amending the pay schedules of employees whose classifications are assigned to the pay range which is prefixed by the letter M by creating the job classification of "Internal Auditor." Fact Sheet (49K) Attachment (74K) 23) 06-107 Amending Chapter 9.36 of the Lincoln Municipal Code by adding a new section numbered 9.36.130 to prohibit the carrying of concealed weapons and adding a new section numbered 9.36.140 to provide definitions. (2ND READING W/PUBLIC HEARING DELAYED TO 7/31/06, 7-0) Fact Sheet (59K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)(SEE ITEM #27) 24) 06R-114 Approving the Highland View Conditional Annexation and Zoning Agreement between the City and Highlands Prairie Village LLC, relating to the annexation of approximately 154.77 acres of property generally located at N.W. 12th St. and W. Alvo Rd. (Related Items: 06R-114, 06-93, 06-94) (Action Date 6/26/06) (AMENDMENT #1 ADOPTED, 7-0; AMENDMENT #2 ADOPTED, 7-0; ADOPTED, 7-0; A-83900) Attachment (38K) 25) 06-93 Annexation 05004 - Amending the Lincoln Corporate Limits Map by annexing approximately 50 acres of property generally located west of N.W. 12th St. between Highway 34 and W. Alvo Rd. (Related Items: 06R-114, 06-93, 06-94) (AMENDMENT #1 TO ACCEPT SUB. ORDINANCE ADOPTED, 7-0; PASSED, 7-0; #18755) Fact Sheet (575K) 26) 06-94 Change of Zone 05022 - Application of Prairie Homes for a change from AG Agricultural to R-3 Residential District on property generally located west of N.W. 12th St. between Highway 34 and W. Alvo Rd. (Related Items: 06R-114, 06-93, 06-94) (PASSED, 7-0; #18756) Fact Sheet (319K) 27) 06-95 Annexation 06008 - Amending the Lincoln Corporate Limits Map by annexing approximately 3.0 acres of property generally located northeast of the intersection of S. 80th St. and Amber Hill Rd. (LOST, 0-7; #38-4529) Fact Sheet (224K) 28) 06-96 Amending Chapter 10.10 of the Lincoln Municipal Code relating to Accidents and Accident Reports by repealing Sections 10.10.010, 10.10.020 and 10.10.030, relating to leaving the scene of accidents, because legislative changes in state statute penalties exceed the City's statutory authority; and amending Section 10.10.040 to require drivers to immediately report to police damage to traffic control devices and public utility fixtures for protection of public safety and welfare; and establishing an effective date of July 14, 2006. (PASSED, 7-0; #18757) Fact Sheet (16K) 29) 06-97 Amending Sections 10.16.030 and 10.16.040 of the Lincoln Municipal Code by amending penalty provisions for driving under the influence and refusal to submit to alcohol testing to conform with changes made in state statutes as required by law; and establishing an effective date of July 14, 2006. (PASSED, 7-0; #18758) Fact Sheet (13K) 30) 06-98 Amending Sections 10.06.110 and 10.06.120 of the Lincoln Municipal Code relating to Issuing Citations and Payment of Fines and Costs, respectively, by repealing reference to equipment violations under Chapter 10.22 being processed by the Violations Bureau and to maintain consistency with state statute and other Rules of the Road. (PASSED, 7-0; #18759) Fact Sheet (14K) PENDING LIST - DATE CERTAIN 31) 06-86 Authorizing execution and delivery of the Development Agreement between the City and various owners for the development of approximately 726 acres of property generally located at S. 84th Street and Rokeby Road and for the issuance of bonds for the installation of infrastructure to serve the area. (Related Items: 06-86, 06R-110) (6/12/06 - Public Hearing & 2nd Reading con't. to 7/10/06) Attachment (27K) 32) 06R-110 Comp. Plan Amendment 06002 - Amending the 2025 Lincoln-Lancaster County Comprehensive Plan to (a) amend the 2025 Future Service Limit to add land west of 98th Street from Yankee Hill Road to one- half mile south of Rokeby Road; (b) amend the Urban Growth tier and associated maps in the same area from Tier I, Priority B, to Tier I, Priority A, and land from Tier II to a mix of Tier I, Priority A and B; and (c) to change the land use in the area being added to the Future Service Limit from Agricultural to Urban Residential. (Related Items: 06-86, 06R-110) (Action Date: 6/19/06) (6/12/06 - Public Hearing & 2nd Reading con't. to 7/10/06) Fact Sheet (570K) PENDING LIST (EXTENDED ONE WEEK) 33) 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) 34) 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) 35) 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) 36) 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) 37) 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) 38) 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) 39) 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) 40) 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) 41) 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) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, JULY 10, 2006 AT 1:30 P.M.: (APPROVED, 7-0) 42) 06R-124 Approving an Agreement between the City and State Dept. of Roads for reimbursement with federal funds for the construction costs on the Pioneers Blvd., Antelope Creek to Pagoda Lane Widening Project. Fact Sheet (59K) Attachment (477K) 43) 06R-125 Approving Pastime Pub at 5601 N.W. 1st St. as a Keno satellite site. Fact Sheet (48K) 44) 06R-126 Appointing Brennen Miller to the Parks and Recreation Advisory Board for a one-year term expiring April 27, 2007. 45) 06R-127 Approving the use of public right-of-way by Pinnacle Bank for installation of a new facade and tower at 6145 Havelock Ave. Fact Sheet (56K) Attachment (601K) 46) 06R-128 Appointing Gloria Aron to the Lincoln-Lancaster Women's Commission to fill an unexpired two-year term expiring January 1, 2007. 47) 06R-129 Appointing Loren Roberts to the Lincoln-Lancaster Women's Commission to fill an unexpired two-year term expiring March 1, 2008. 48) 06R-130 Misc. 06009 - Declaring the South Street Redevelopment Area as blighted and substandard generally along the South Street corridor between S. 6th St. and S. 17th St. Fact Sheet (213K) Attachment (669K) 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 (7/12/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 7/17/06. 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 JULY ARE THE 17TH AND 31ST. ADJOURNMENT 10:02 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 ***