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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 25, 2006 AT 5:30 P.M.
MOTION TO SET DATE OF OCTOBER 2, 2006 AT 1:30 P.M. FOR THE BOARD OF
EQUALIZATION FOR SIDEWALK DISTRICT NO. 94 ON THOSE PROPERTIES NOT
ASSESSED. (APPROVED 5-0; CAMP, COOK ABSENT)
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of William J. Wagner
for Planet Subs Nebraska, LLC, dba
Planet Subs at 1332 P Street. (P.H. & ACTION DELAYED
ONE WK. TO 10/2/06, 7-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 2
THRU 7 HAD 2ND READING)
2) 06-153 Creating Water District No. 1195 in N.W. 19th
Street between West Q and West S Streets and
assessing the costs thereof against the benefitted
property.
Fact Sheet (59K)
Attachment (570K)
3) 06-154 Creating Sewer District No. 1182 in South 15th
Street between Mulberry and Plum Streets and
assessing the costs thereof against the benefitted
property.
Fact Sheet (58K)
Attachment (850K)
4) 06-155 Creating Water District No. 1196 in Orchard Street
between N. 67th Street and N. 68th Street and
assessing the costs thereof against the benefitted
property.
Fact Sheet (59K)
Attachment (931K)
5) 06-168 Accepting and approving a four month/400 hour
seasonal lease agreement between the City of
Lincoln and Nebraska Machinery to provide one
motor grader for use by the Public Works &
Utilities, Street Maintenance Operations, in
arterial and residential snow removal, with an
option to renew for three additional seasons.
Fact Sheet (57K)
Attachment (185K)
6) 06-169 Accepting and approving a four month/400 hour
seasonal lease agreement between the City of
Lincoln and Murphy Tractor and Equipment to
provide three motor graders for use by the Public
Works & Utilities, Street Maintenance Operations,
in arterial and residential snow removal, with an
option to renew for three additional seasons.
Fact Sheet (58K)
Attachment (384K)
7) 06-170 Change of Zone 06040 - Application of the 40th & A
Street Neighborhood Association to change the
zoning on approximately 36 blocks within the 40th
and A Street Neighborhood from B-1 Local Business
District, R-6, R-5 and R-4 Residential Districts
to R-2 Residential District and from B-1 Local
Business District to R-4 Residential District on
property generally located in the north and west
portions of an area bounded by Randolph, 33rd,
48th and A Streets.
Fact Sheet (1833K)
PUBLIC HEARING - RESOLUTIONS
8) 06R-182C Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 16 - 31,
2006. (9/18/06 - Claims of Loeske & Obst to
have con't. Public Hearing w/Action 9/25/86)
(AMENDED, 4-3; CAMP, NEWMAN, SVOBODA DISSENTING;
ADOPTED AS AMENDED, 4-3; CAMP, NEWMAN SVOBODA
DISSENTING; A-84047)
9) 06R-187 Application of Speedway Properties to use the
public right-of-way for construction of an
accessible ramp and landing for on property at
1644 P Street. (ACTION DELAYED 2 WKS. TO
10/9/06, LOST 3-4; CAMP, ESCHLIMAN, SVOBODA
ASSENTING; ADOPTED, 7-0; A-84048)
Fact Sheet (57K)
Attachment (244K)
10) 06R-188 Comp. Plan Amendment 06001 - Amending the 2025
Lincoln-Lancaster County Comprehensive Plan to
change land designated as Agricultural to
Industrial and Commercial between N. 40th and N.
56th Street, north of Interstate 80 and south of
Bluff Road; to change land designated as
Agricultural to Low Density Residential on the
south side of Bluff Road, 1/4 mile west of N. 56th
Street; and to designate all of the land in the
proposal as Tier I, Priority A, and inside the
Future Service Limit for Lincoln. (Related
Items: 06R-188, 06R-189) (ADOPTED, 7-0; A-84049)
Fact Sheet (317K)
Fact Sheet (317K)
11) 06R-189 Comprehensive Plan Conformance 06008 - Adopting
the North 56th and Arbor Road Redevelopment Plan
on property generally bounded by North 40th Street
on the west, North 70th Street on the east, from
Bluff Road south to the Salt Creek, excluding the
Bluff Road landfill. (Related Items: 06R-188,
06R-189) (AMENDMENT #1 ADOPTED, 7-0;
AMENDMENT #2 ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-84050)
Fact Sheet (397K)
Attachment (3432K)
PUBLIC HEARING
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
12) 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)
(Request to waive Council Rules to remove from
Pending for P.H. 9/18/06, with Action 9/25)
(9/18/06 - To have con't. P.H. & Action
9/25/06)(AMENDMENT #1 TO ADOPT THE SUB. COND.
AGREEMENT, 7-0; ADOPTED AS AMENDED, 6-0;
MARVIN ABSTAINING; A-84051)
13) 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)
(Request to waive Council Rules to remove from
Pending for P.H. 9/18/06, with Action 9/25)
(9/18/06 - To have con't. P.H. & Action
9/25/06) (AMENDMENT #1 ADOPTED, 7-0; PASSED AS
AMENDED, 6-0; MARVIN ABSTAINING; #18806)
14) 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) (Request to waive
Council Rules to remove from Pending for P.H.
9/18/06, with Action 9/25) (9/18/06 - To
have con't. P.H. & Action 9/25/06) (AMENDMENT #1
ADOPTED, 7-0; PASSED AS AMENDED, 6-0; MARVIN
ABSTAINING; #18807)
Fact Sheet (217K)
15) 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) (Request to waive Council
Rules to remove from Pending for P.H. 9/18/06,
with Action 9/25) (9/18/06 - To have con't.
P.H. & Action 9/25/06) (AMENDMENT #1 ADOPTED, 7-0;
ADOPTED AS AMENDED, 6-0; MARVIN ABSTAINING, A-84052)
Fact Sheet (535K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
16) Setting the hearing date of Monday, October 9,
2006 at 1:30 p.m. for the Manager Application of
Ron Snover for Lancaster Co. Agricultural Society,
Inc. dba Lancaster Event Center at 4100 N.
84th Street. (ADOPTED, 7-0; A-84053)
17) Setting the hearing date of Monday, October 9,
2006 at 1:30 p.m. for the Application of Lead Dog
Entertainment, Inc. dba Coyote Willy's for a Class
C liquor license at 2137 Cornhusker Highway, Ste A.
(ADOPTED, 7-0; A-84054)
18) Setting the hearing date of Monday, October 9,
2006 at 1:30 p.m. for the Manager Application of
Troy Flannigan for O'Fourteen, Inc. dba Woody's
Pub at 101 N. 14th Street, Ste. 6.
(ADOPTED, 7-0; A-84055)
19) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
20) Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on September 11,
2006. (PLACED ON FILE)
21) Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on September 18,
2006. (PLACED ON FILE)
22) Report of Nebraska Department of Roads 2007-2012
Surface Transportation Program. (PLACED ON FILE)
23) Setting the Interest Rate and Levying the
Assessments of Special Assessment Group II
(Sidewalk District No. 94) from the Board of
Equalization September 18, 2006. (ADOPTED, 7-0;
A-84056)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 24
THRU 34 HAD 1ST READING)
24) 06R-143 Comp. Plan Amendment 06004 Amending the 2025
Lincoln-Lancaster County Comprehensive Plan, North
48th Street/University Place Plan to show a
redevelopment project southwest of 51st and
Garland Streets. (Related Items 06R-143, 06-
123, 06-171) (Action Date: 10/9/06)
Fact Sheet (309K)
25) 06-123 Change of Zone 06035 Application of the Director
of Parks & Recreation for a change of zone from P
Public Use District to O-2 Suburban Office
District on property generally located southwest
of 51st and Garland Streets. (Related Items
06R-143, 06-123, 06-171)
Fact Sheet (450K)
26) 06-171 Approving a Ground Lease between the City and the
Lincoln/Lancaster County Child Advocacy Center for
the property located at lots 1 through 12, Block
128, University Place, for the construction of a
facility to provide a safe, child-friendly
environment for interviews and medical exams of
child victims for an initial 30-year term.
(Related Items 06R-143, 06-123, 06-171)
Fact Sheet (51K)
Attachment (656K)
27) 06-172 Approving an agreement between the City and
American Legion Post #280 for the lease of space
by the Lincoln Area Agency on Aging for its
ActivAge Center program at 970 Monroe, Bennet, NE
for a period of September 1, 2006 through August
31, 2007.
Fact Sheet (57K)
Attachment (64K)
28) 06-178 Approving an agreement between the City and First
United Methodist Church/Waverly for the lease of
space by the Lincoln Area Agency on Aging for its
ActivAge Center program at 14410 Folkestone
Street, Waverly, NE for a period of September 1,
2006 through August 31, 2007.
Fact Sheet (54K)
Attachment (61K)
29) 06-173 Change of Zone 06057 Application of Restaurants
Space 1997A, Inc. and DeeJays Corporation for a
change of zone from B-1 Local Business District to
B-2 Planned Neighborhood Business District on
property generally located northeast of the
intersection of South 48th Street and Van Dorn
Street. (Related Items: 06-173, 06R-191)
Fact Sheet (174K)
30) 06R-191 Pre-Existing Use Permit 8F Application of
Restaurants Space 1997A, Inc. and DeeJays
Corporation, to expand the pre-existing use
permit, including requests to adjust the parking
from one space per 100 square feet of floor are to
one space per 150 square feet of floor area and to
adjust the front yard setback from 20 feet to 6
feet for parking, on property generally located
northeast of the intersection of Van Dorn Street
and South 48th Street. (Related Items: 06-173,
06R-191) (Action Date: 10/9/06)
Fact Sheet (330K)
31) 06-174 Change of Zone 06056 Amending Section 27.67.020
of the Lincoln Municipal Code, Parking Matrix, to
change the off-street parking requirement in the
H-2 Highway Business and H-3 Highway Commercial
zoning districts from one parking space per 200
square feet of floor area to one parking space per
300 square feet of floor area.
Fact Sheet (37K)
32) 06-175 Change of Zone 06054 Amending Sections
27.13.080, 27.15.080, 27.17.080, 27.19.080,
27.21.080, 27.23.080 and 27.24.080 of the Lincoln
Municipal Code relating to the R-1, R-2, R-3, R-4,
R-5, R-6, R-7, and R-8 zoning districts to provide
provisions regarding the use of vacant and
occupied lots which have less area or width or
both less area and width than required by said
district regulations; amending Section 27.61.090
to limit the number of dwelling units in a
nonstandard multiple dwelling which is enlarged,
extended or reconstructed, and amending the
statement of intent in Chapters 27.21, 27.23, and
27.24 to delete boarding and lodging houses which
are no longer permitted uses in those districts.
Fact Sheet (26K)
33) 06-177 Change of Zone 06045 Application of the
Witherbee Neighborhood Association for a change of
zone from R-4 Residential to R-2 Residential on
approximately 48 blocks generally between 33rd and
48th Streets from O Street to Randolph Street,
from B-1 Local Business to R-2 Residential at 48th
and Randolph Streets, and from O-2 Suburban Office
to R-2 Residential for Calvary Cemetery at 40th
and O Street.
Fact Sheet (2483K)
34) 06-176 Change of Zone 06052 Amending Section 27.65.020
of the Lincoln Municipal Code to adjust the
minimum coverage area and bonus for an
Agricultural District Community Unit Plan,
utilizing a community wastewater system in the
Build-Through area.
Fact Sheet (145K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
35) 06-156 Amending Chapter 2.76 of the Lincoln Municipal
Code to increase longevity pay for employees with
a pay range prefixed by "X" and for part-time NAGE
employees and to allow for accruals of 80 hours
over their annual maximum vacation accrual for
employees in a pay range prefixed by "X".
(PASSED, 7-0; #18808)
Fact Sheet (138K)
36) 06-157 Street Vacation 06001 Vacating N.W. 6th Street
and N.W. 7th Street from the south right-of-way
line of Blue Sage Boulevard to 50 feet south of
the south right-of-way of Fallbrook Boulevard, and
to vacate Fallbrook Boulevard from 175 feet east
of Tallgrass Parkway roundabout to 50 feet west of
Stonebrook Parkway roundabout. (PASSED, 7-0; #18809)
Fact Sheet (316K)
37) 06-158 Annexation 06011 Hartland's Cardinal Heights 2nd -
Amending the Lincoln Corporate Limits Map by
annexing approximately 22 acres of property
generally located southwest of the intersection of
N.W. 56th Street and W. Adams Street. (Related
Items: 06-158, 06-159, 06R-185) (PASSED, 7-0; #18810)
Fact Sheet (194K)
38) 06-159 COZ 06046 - Application of Hartland Homes, Inc.
for a change of zone from AG Agricultural District
to R-3 Residential District on property generally
located southwest of the intersection of N.W. 56th
Street and W. Adams Street. (Related Items: 06-
158, 06-159, 06R-185) (PASSED, 7-0; #18811)
Fact Sheet (226K)
39) 06R-185 Appeal of Hartland Homes Inc. from the conditions
of the Planning Commission approval of Special
Permit 2045A, for the development of Hartland's
Cardinal Heights 2nd Addition Community Unit Plan
on property generally located at N.W. 56th Street
and Partridge Lane. (Related Items: 06-158, 06-
159, 06R-185) (Action Date: 9/25/06) (AMENDMENT #1
ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-84057)
Fact Sheet (610K)
40) 06R-186 Approving the Jensen Park Estates Conditional
Annexation and Zoning Agreement between the City
and Jensen Park LLC, relating to the annexation of
approximately 44.50 acres of property generally
located at the northeast corner of S. 84th Street
and Yankee Hill Road. (Related Items: 06R-186,
06-160, 06-161) (Action Date: 9/25/06)
(ADOPTED, 7-0; A-84058)
Attachment (574K)
41) 06-160 Annexation 04012 Jensen Park - Amending the
Lincoln Corporate Limits Map by annexing
approximately 66 acres of property generally
located at South 84th Street and Yankee Hill Road.
(Related Items: 06R-186, 06-160, 06-161)
(PASSED, 7-0; #18812)
Fact Sheet (309K)
42) 06-161 Change of Zone 04079 - Application of Jensen Park
LLC for a change of zone from AG Agricultural to
R-3 and R-4 Residential on property generally
located at South 84th Street and Yankee Hill Road.
(Related Items: 06R-186, 06-160, 06-161)
(PASSED, 7-0; #18813)
Fact Sheet (296K)
43) 06-162 Change of Zone 06055 - Application of the City of
Lincoln Urban Development Department for a change
of zone from H-2 Highway Business District to B-3
Commercial District on property generally located
at 5000 O Street. (PASSED, 7-0; #18814)
Fact Sheet (363K)
44) 06-163 Change of Zone 06050 - Application of the Catholic
Bishop of Lincoln for a change of zone from R-1
Residential District to R-1 Residential District
PUD on property generally located at A Street and
Eldon Drive. (PASSED, 7-0; #18815)
Fact Sheet (543K)
45) 06-164 Approving an Agreement between the City and St.
James United Methodist Church for the lease of
space by the Lincoln Area Agency on Aging for its
ActivAge Center program at 2400 S. 11th Street for
a period of September 1, 2006 through August 31,
2007. (PASSED, 7-0; #18816)
Fact Sheet (57K)
Attachment (60K)
PENDING LIST - DATE CERTAIN
46) 06-137 Amending Title 5 of the Lincoln Municipal Code
relating to Licenses and Regulations by amending
or repealing sections within Chapter 5.41,
Salvaging, Recycling and Composting Operations, to
delete provisions relating to salvaging operations
and to make Chapter 5.41 apply only to recycling
and composting operations; adding a new Chapter
5.43 entitled Salvage Dealers and Salvage
Collectors to establish and relocate provisions
dealing with salvaging operations previously found
in Chapter 5.41. (8/14/06 - P.H. & Action
con't. to 9/11/06) (9/11/06 - P.H. & Action
con't. to 10/9/06)
Fact Sheet (8K)
PENDING LIST (EXTENDED ONE WEEK)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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, OCTOBER 2, 2006 AT 1:30 P.M.:
(APPROVED, 7-0)
52) 06R-190 Approving a Consent Decree between Developmental
Services of Nebraska and the City of Lincoln to
resolve a lawsuit in the United States District
Court in connection with the operation of housing
developmentally disabled persons.
Attachment (378K)
53) 06R-192 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 1 -
15, 2006.
Fact Sheet (13K)
Attachment (21K)
54) 06R-193 Supporting the passage of Constitutional Amendment
2 to the Nebraska Constitution to allow public
endowments such as the Community Health Endowment
to invest its assets in accordance with the
"prudent investment standard."
Fact Sheet (45K)
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 (9/20/06) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 9/25/06.
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 THE OPEN MICROPHONE SESSION. OPEN MICROPHONE
SESSIONS FOR SEPTEMBER ARE THE 11th AND 25th.
ADJOURNMENT 9:40 P.M.
ANNOUNCEMENTS
The Board of Equalization for Sidewalk District No. 94 will
reconvene for Public Hearing & Action on those properties not
assessed on Monday, October 2, 2006, at 1:30 p.m. immediately
preceding the formal City Council Meeting.
***
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
Meetings