InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
City of Lincoln
City Council Office

Formal Agenda/Action

 


              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, DECEMBER 13, 2004 AT 1:30 P.M.

                THERE WILL BE  NO  COUNCIL MEETINGS THE WEEKS
                 OF DECEMBER 27, 2004  AND  JANUARY 3, 2005
                                  
                           MAYORS AWARD OF EXCELLENCE 
       CHANE JENSEN AND NATE GENRICH OF PARKS AND RECREATION DEPARTMENT
             IN THE CATEGORY OF VALOR FOR THE MONTH OF NOVEMBER 
                 
                            ALL MEMBERS PRESENT
        
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Alley Inc. dba The Alley for a
               Class C liquor license at 1031 "M" Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-83116)

2)             Manager application of Joshua E. Hallett for Alley
               Inc. dba The Alley at 1031 "M" Street. (ADOPTED 
               FOR APPROVAL, 7-0; A-83117)

3)             Application of A & R Food Company dba El Sitio             
               for a Class I liquor license at 2785 S. 17th Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-83118)

4)             Manager application of Amin Ghaffar for A & R Food
               Company dba El Sitio at 2785 S. 17th Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-83119)

5)             Manager application of Paul R. Tuttle for          
               Bwitched Two Inc. dba Bison Witches Bar & Grill at 
               1320 "P" Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-83120)
     
     
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 6 THRU 12 HAD 2ND READING)

6)  04-186     Change of Zone 04045B - Amending Chapter
               27.63 of the Lincoln Municipal Code relating
               to special permits by amending Sections
               27.63.010, 27.63.070, 27.63.120, 27.63.130,
               27.63.170, 27.63.210, 27.63.280, 27.63.400,
               27.63.420, 27.63.430, 27.63.470, 27.63.530,
               27.63.570, 27.63.580, and 27.63.590 to modify
               provisions within said sections to allow
               special permits to be approved by the
               Planning Commission rather than the City
               Council. (In connection w/ 04-187, 04-219, 
               04R-269)(10/11/04 - Placed on Pending Indefinitely) 
               (Request to remove from Pending to have Public 
               Hearing 12/13/04)
               Fact Sheet (19K)
							 
7)  04-187     Change of Zone 04045C - Amending Chapter 27.65 of
               the Lincoln Municipal Code relating to community
               unit plans by amending Section 27.65.020 to amend
               the general requirements to grant  the Planning
               Commission authority to approve the special permit
               and to allow the plan to propose modifications to
               the height and area regulations of the district in
               which the community unit plan is located; by
               amending Section 27.65.030 to eliminate references
               to City Council approval of community unit plans,
               establishing standards for the Planning Commission
               to follow in approving or denying an application
               for a community unit plan, and providing for an
               appeal from the Planning Commission's decision to
               the City Council by an aggrieved party; by
               repealing Section 27.65.040 to eliminate City
               Council final action on the application; by
               amending Section 27.65.050 to revise provisions
               regarding development of the community unit plan
               after its approval; by amending Section 27.65.060
               to grant the Planning Director limited authority
               to approve minor increases in the number of
               dwelling units and to approve minor internal
               changes to the applicable setback, yard or height
               requirements within a community unit
               plan; by amending Section 27.65.070 to delete the
               need for the City Clerk to sign a certificate
               showing approval or disapproval by the City
               Council; by amending Section 27.65.090 to allow
               the Planning Commission to modify parking
               requirements under specified conditions. (In
               connection w/ 04-186, 04-219, 04R-269)
               (10/11/04 - Placed on Pending Indefinitely)
               (Request to remove from Pending to have Public
               Hearing 12/13/04)
               Fact Sheet (19K)
							 
8)   04-219    Change of Zone 04072A - Amending Section 27.63.025
               of the Lincoln Municipal Code to allow City
               Council members to appeal the decision of the
               Planning Commission on special permits. (In
               connection w/ 04-186, 04-187, 04R-269)
               Fact Sheet (21K)
							  
9)   04R-269   Misc. No. 04009 - Amending Chapter 3.35 of the
               City of Lincoln Design Standards for Community
               Unit Plans to simplify the density calculation and
               amend the cluster density. (In connection w/
               04-186, 04-187, 04-219) (10/4/04 - Action
               Delayed 1 wk to 10/11/04)  (10/11/04 - Placed on
               Pending Indefinitely) (Request to remove from
               Pending to have Public Hearing 12/13/04)
               (Action Date: 12/20/04)
               Fact Sheet (16K)
               Attachement (355K)
							 
10)  04-217    Street Name Change 04009 - Renaming the old South
               84th Street pavement as Water Tower Court,
               generally located at South 84th and Pine Lake
               Road.
               Fact Sheet (137K)
							 
11)  04-218    Change of Zone 04072B - Amending Section 27.80.025
               of the Lincoln Municipal Code to change the fee
               structure for an application for a Planned Unit
               Development.
               Fact Sheet (21K)
							 
12)  04-220    Change of Zone 04069 - Amending Section
               27.69.035(b)(8) to require that no off-premises
               signs shall be located within 660 feet of
               Interstate 80 and Interstate 180.
               Fact Sheet (667K)
							 

PUBLIC HEARING - RESOLUTIONS

13)  04R-310C  Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of
               November 1 - 15, 2004. (12/6/04 - Claim of
               Charles Turner held over 1 week for Public Hearing
               & Action on 12/13/04) (ADOPTED, 7-0; A-83121)
							 
14)  04R-317   Waiver 04016 - Waiving the requirement for the
               construction of a sidewalk in the pedestrian
               easement associated with the Corrected Final Plat
               of Edenton South 10th Addition, generally located
               at South 70th Street and Old Cheney Road.
               (SUBSTITUTE RESOLUTION ACCEPTED, 4-3; DISSENTING: 
               COOK, NEWMAN, WERNER; SUBSTITUTE RESOLUTION ADOPTED, 
               4-3; DISSENTING: COOK, NEWMAN, WERNER; A-83122)
               Fact Sheet (277K)
							 
15)  04R-318   Reappointing R.J. Lipert, Michael Coon, and Martin
               Kasl to the Fire Sprinkler and Chemical Examining
               Board for three-year terms expiring November 24,
               2007. (ADOPTED, 7-0; A-83123)

16)  04R-319   Reappointing Tom Morrissey, Larry M. Brown, and
               Keith E. Fickenscher to the Veterans Memorial
               Garden Advisory Council for three-year terms
               expiring November 1, 2007. (ADOPTED, 7-0; 
               A-83124)

17)  04R-320   Reappointing Joseph Skopp and Rick Albro to the
               Air Pollution Control Advisory Board for three-
               year terms expiring November 1, 2007. 
               (ADOPTED, 7-0; A-83125)

18)  04R-322   Accepting the Stevens Creek Floodprone areas as
               the best available information for local flood
               regulation purposes. (AMENDED, 7-0; CONTINUED 
               PUB. HEARING & ACTION FOR 1 WEEK TO 12/20/04, 4-3; 
               DISSENTING: COOK, NEWMAN, WERNER)
               Attachment (63K)							 
               Fact Sheet (37K)
							 
                      - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE

19)    MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of ordinances 
               and resolutions passed by Council on December 6, 2004.  
               (PLACED ON FILE)


REPORTS OF CITY OFFICERS

20)            Investment of Funds for the week of November 22 thru
               December 3, 2004. (ADOPTED, 7-0; A-83126)

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 21 & 22 HAD 1ST READING) 

21)  04-211    Creating Water District No. 1124 for constructing a 
               6-inch water main or mains in S. 14th Street,
               Garfield to Sumner Streets.

22)  04-221    Approving a two-year lease agreement with Frontier
               Harley Davidson Inc. for six police motorcycles.
               (Request 2nd and 3rd Readings on 12/20/04)
               Attachment (803K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY

23)  04-209    Approving three five-year/5,000 hour lease
               agreements between the City and Washington County
               Bank for three articulated four-wheel drive wheel
               loaders for use by the Public Works & Utilities
               Street Maintenance Operations in construction,
               maintenance, and snow removal projects. (PASSED, 
               7-0; #18474)
               Attachment (272K)							 
               Fact Sheet (57K)
							 
24)  04-210    Approving a Sublease Agreement between the City of
               Lincoln and Dynamic Educational Systems, Inc. for
               providing job training and employment services
               under the Workforce Investment Act. (PASSED, 
               7-0; #18475)
               Attachment (185K)
               Fact Sheet (39K)
							 
25)  04-212    COZ 04071 - Amending Title 27 of the Lincoln
               Municipal Code to remove the condition that the
               maximum lot coverage for churches shall not exceed
               15% of the lot area in the R-1 through R-7
               Residential Districts except by special permit. 
               (PASSED, 7-0; #18476)
               Fact Sheet (16K)
							 
26)  04-213    Change of Zone 04073 - Application of Whitehead
               Oil Company for a change of zone from P Public Use
               to I-1 Industrial on property generally located
               northwest of the intersection of North 33rd Street
               and Superior Street. (PASSED, 7-0; #18477)
               Fact Sheet (230K)
							 
27)  04-214    Amending Chapter 2.78 of the Lincoln Municipal
               Code to amend Management Compensation Plan
               Established, Management Compensation Plan Annual
               Leave, Compensation Plan Variable Merit Pay Plan
               DSS & "M" Pay Ranges, and Management Compensation
               Plan Sick Leave in conjunction with the pay plan
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter "M". 
               (PASSED, 7-0; #18478)

28)  04-215    Amending Chapter 2.76 of the Lincoln Municipal
               Code to delete references and provisions relating
               to pay ranges prefixed by the letter "M" and to
               add leave of absence without pay provisions
               relating to a regular, classified employee who
               leaves his or her position to accept appointment
               to a position with a pay range prefixed by "DSS"
               and the status of that employee should he or she
               return to the classified service. (PLACED ON 
               PENDING UNTIL 1/10/05, 7-0)

29)  04-216    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 and hourly
               pay range equivalents. (PASSED, 7-0; #18479)

30)  04-166    Vacation No. 03023 - Vacating the north 10 feet of
               Q Street right-of-way adjacent to Lots 7, 8, and
               9, Block 30, Original Plat of Lincoln, generally
               located at 8th and Q Streets.(Action Delayed to
               11/29/04) (11/29/04 - Action Delayed 1 wk
               to 12/6/04) (12/6/04 - Action Delayed to
               12/13/04)(PLACED ON PENDING FOR 6 WEEKS TO 
               1/24/05, 4-3; DISSENTING: COOK, MCROY, WERNER)
               Fact Sheet (1526K)
							 
31)  04R-301   Adoption of  the Lincoln Electric System Annual
               Budget for 2005. (Action Date: 12/13/04) 
               (ADOPTED, 7-0; A-83127)
               Fact Sheet (47K)
							 
32)  04R-311   Releasing a conservation easement granted to the
               City by TMCO Investments over the west 32 feet of
               Lot 3, Block 142, Original Plat, Lincoln. (12/6/04 - 
               Action Delayed 1 wk to 12/13/04)(SUBSTITUTE RESOLUTION 
               ACCEPTED, 7-0; SUBSTITUTE RESOLUTION ADOPTED, 7-0; 
               A-83128)

PENDING LIST - DATE CERTAIN - NONE

PENDING LIST   (EXTENDED ONE WEEK)

33)  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 (1.4M)
							 
34)  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)
							 
35)  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 (1.1M)
							 
36)  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 (699K)
							  
37)  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)
							 
38)  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 or
               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)
							 
39)  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 (216K)
							 
40)  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 generally
               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)
							 

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, DECEMBER 20, 2004 AT 1:30 P.M.:
                                (APPROVED, 6-0; ABSENT: MCROY)

41)  04R-321   Appointing Richard Evnen and Dawn E. Rockey to the
               Lincoln Electric System Administrative Board for
               three-year terms expiring December 31, 2007.
               Attachment (85K)
							 
42)  04R-323   Reappointing Ron Ecklund to the Lincoln Electric
               System Administrative Board for a three-year term
               expiring December 31, 2007.

43)  04R-324   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of
               November 16 - 30, 2004.
               Attachment (28K)
               Fact Sheet (13K)
							 							 
44)  04R-325   Special Permit 04060 - Application of Cheryl Dubas
               to develop and operate an early childhood care
               facility for 140 children in the O-3 Office Park
               District and a waiver to the requirement to be
               located on an arterial street, on property
               generally located east of North  24th Street and
               south of Superior Street.
               Fact Sheet (413K)
							 
45)  04R-326   Adopting a schedule of wastewater surcharge unit
               costs for customers of the Lincoln Wastewater
               System subject to said surcharge.
               Fact Sheet (57K)
							 
46)  04R-327   Assessing the costs for weed cuttings incurred by
               the City from January 1, 2004 through December 31,
               2004,  against the various benefitted
               properties.
               Attachment (253K)


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.


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 (12/15/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (12/20/04).


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.


ADJOURNMENT   6:37 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