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Formal Agenda

 

             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, OCTOBER  31,  2005 AT 1:30 P.M.

                            ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Foreman Fuels, Inc. dba Fast Fuel
               #1 for a Class B liquor license at 5501 Superior
               Street.(ADOPTED FOR APPROVAL, 7-0; A-83608)

2)             Manager application of Helen R. Foreman for
               Foreman Fuels, Inc. dba Fast Fuel #1 at 5501
               Superior Street.(ADOPTED FOR APPROVAL, 7-0; A-83609)


PUBLIC HEARING
ORDINANCES - 2ND READING  (ITEMS 3 & 4 HAD 2ND READING)

3)   05-158    Approving a one-year Lease Agreement between the
               City and the Firth Community Center for the lease
               of  space by the Lincoln Area Agency on Aging for
               its ActivAge Center program at 311 Nemaha Street,
               Firth, NE.
               Fact Sheet (52K)
               Attachment (59K)

4)   05-160    Change of Zone 04085 - Application of GEICO
               Development for a change of zone from R-2
               Residential District to R-T Residential
               Transition District on property generally
               located at S.W. 17th Street and West A
               Street.
               Fact Sheet (196K)


 PUBLIC HEARING - RESOLUTIONS

5)   05R-255   Accepting the report of new and pending
               claims against the City and approving
               disposition of claims set forth for the
               period of October 1 - 15, 2005.
               (ADOPTED,7-0; A-83610)
               Fact Sheet (13K)
               Attachment (21K)
               									
6)   05R-256   Reappointing Jan Gauger to the Community
               Development Task Force for a three-year term
               expiring August 31, 2007.(ADOPTED, 7-0; A-83611)

7)   05R-258   Approving the Development and Conditional Zoning
               Agreement between the City and Lincoln Sports
               Foundation, Inc. for a change of zone from AG
               Agricultural District to H-2 Highway Business
               District to expand an existing recreational
               facility to include a tennis complex on the south
               side of the road running west to east from 70th
               Street and potential future development on the
               north side of said road generally located at 7600
               N. 70th Street.(ADOPTED, 7-0; A-83612)
               Attachment (224K)
               
                          - END OF PUBLIC HEARING -

                              - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

8)             Setting the hearing date of Monday, November 14,
               2005, at 1:30 p.m. for manager application of Troy
               Olson with Big Red Keno Sports Bar & Grill located
               at 955 West O Street.(ADOPTED, 7-0; A-83613)

9)             Setting the hearing date of Monday, November 14,
               2005, at 1:30 p.m. for Pickfair Entertainment Corp
               dba Big Red Keno Sports Bar & Grill for an
               outside addition to 955 West O Street.
               (ADOPTED, 7-0; A-83614) 

10)            Setting the hearing date of Monday, November 14,
               2005, at 1:30 p.m. for application of JIS
               Properties, LLC dba ZEN's for a Class "CK" liquor
               license at 122 N. 11th Street.
               (ADOPTED, 7-0; A-83615) 
          
11)            Setting the hearing date of Monday, November 14,
               2005, at 1:30 p.m. for The Melting Spot Inc. dba
               The Melting Spot for a Class "CK" liquor license
               at 227 N. 9th Street.(ADOPTED, 7-0; A-83616)
                         

12)  MISCELLANEOUS REFERRALS

               Clerk's letter and Mayor's approval of Ordinances &
               Resolutions passed by Council on October 24, 2005.
               (PLACED ON FILE)

               Report from City Treasurer of cash on hand at the 
               close of business September 30, 2005.(PLACED ON FILE)

               THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
               Change of Zone No. 05026A - App. of Apple's Way, 
               LLC & Uno Properties, Inc. for an amendment to adjust 
               setbacks and the maximum height in the B-2 portion of
               the Planned Unit Development for property located at 
               South 66th Street and Highway 2.
	       Change of Zone No. 05076 - App. of Forum LEX, 
               Ltd. to designate as a historic landmark to preserve 
               property located at1141 H Street.
	       Special Permit No. 05051 - App. of Forum LEX, Ltd. 
               to preserve a landmark by  permitting utilization of 
               the property for offices located at 1141 H Street.
	       Special Permit No. 05052 - App. of Ryan Collison 
               for the operation of a cement storage and mixing 
               facility including a cement storage silo located at 
               2611 West L Street.
	       Special Permit No. 1583B - App. of Raybould 
               Partners, Ltd. for an amendment to expand an existing 
               parking lot within a residential zoning district 
               located at South 17th Street and Garfield Street.
	       Use Permit No. 33D - App. of SENHOC Properties,
               LLC, for an amendment to allow a ground sign with 
               waiver request to not require the identity "of the 
               name of the office park and tenant(s)", on property 
               located at South 68th Street and O Street.


REPORTS OF CITY OFFICERS 

13)            Clerk's letter and Mayor's approval of
               Ordinances & Resolutions passed by Council on
               October 17, 2005.  (PLACED ON FILE)

14)            Assessment Resolution for Downtown Business
               Improvement District for Board of Equalization to
               be held Monday, November 7, 2005 at 1:30 P.M.
               (ADOPTED, 7-0; A-83617) 

15)            Assessment Resolution for Downtown Maintenance
               Improvement District for Board of Equalization to
               be held Monday, November 7, 2005 at 1:30 P.M. 
               (ADOPTED, 7-0; A-83618)

16)            Assessment Resolution for Downtown Core Business
               Improvement District Overlay for  Board of
               Equalization to be held Monday, November 7, 2005
               at 1:30 P.M. (ADOPTED, 7-0; A-83619)

17)            Affidavit of Mailing for Board of Equalization
               Special Assessment Group III to be held on Monday,
               November 14, 2005, 10:00 A.M.   (PLACED ON FILE)


                          - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS 
(ITEMS 18 THRU 22 HAD 1ST READING)

18)  05-162    Amending Section 10.08.010 of the
               Lincoln Municipal Code regarding
               registration of vehicles to provide for
               a rebuttal presumption that any vehicle
               stored and kept for more than 30 days in
               the City of Lincoln is being operated or
               parked on the streets of the City and
               that such vehicle shall be registered in
               accordance with Chapter 10.08 of the
               Lincoln Municipal Code.
               Fact Sheet (55K)

19)  05-163    Vacation 05003 - Vacating the old South 84th
               Street right-of-way west of the new alignment near
               the intersection with Highway 2, generally located
               north of the intersection of South 84th Street and
               Highway 2.
               Fact Sheet (374K)

20)  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)
               Fact Sheet (472K)

21)  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)
               Attachment (863K)

22)  05-165    Change of Zone 05054 - Application of Prairie Home
               Builders for a change of zone from AG Agricultural
               District to R-3 and R-5 Residential Districts, B-2
               Planned Neighborhood Business District and O-3
               Office Park District, on property generally
               located at N. 84th Street and Adams Street; for a
               Planned Unit Development District designation of
               said property; and for approval of a development
               plan which proposes modifications to the Zoning
               Ordinance, Land Subdivision Ordinance, and Design
               Standards to allow approximately 1,161 dwelling
               units in the underlying R-3 and R-5 zoned areas
               (total number of allocated units is 1,071 and the
               total number of available unassigned units is 90)
               and approximately 585,000 square feet of office,
               retail, and commercial floor area in the
               underlying O-3 and B-2 zoned areas. (Related
               Items: 05-164, 05R-262, 05-165)
               Fact Sheet (815K)
               Attachment (2378K)


ORDINANCES - 3RD READING

23)  05-156    Approving an agreement between the City and the
               Clyde Malone Community Center for the lease of
               space by the Lincoln Area Agency on Aging's
               ActivAge Center Program at 2032 U Street.
               (PASSED, 7-0; #18639)
               Fact Sheet (58K)
               Attachment (59K)

24)  05-157    Approving two three-year/4,000 hour lease
               agreements with a buyout option between the City
               and Kansas State Bank of Manhattan to provide two
               Elgin four-wheeled street sweepers for sweeping of
               residential and arterial streets.
               (PASSED, 7-0; #18640)
               Fact Sheet (58K)
               Attachment (1339K)


PENDING LIST - DATE CERTAIN - NONE
                                   

PENDING LIST  (EXTENDED ONE WEEK)

25)  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)

26)  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)

27)  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)

28)  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)
               Fact Sheet (237K)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)
               Fact Sheet (137K)
               Attachment (127K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
  PUBLIC HEARING ON  MONDAY, NOVEMBER 7, 2005 AT 1:30 P.M.:
                                                  (APPROVED, 7-0)

34)  05R-259   Reappointing Moe Carlton, Dean Clawson, Kenneth
               Orr, and Mabel Stamler to the Veterans Memorial
               Garden Advisory Board for three-year terms
               expiring November 1, 2008.

35)  05R-260   Approving a Real Estate Purchase Agreement between
               the City and Herbert J. Friedman, Richard A.
               Johnson, and Stuart Marx for the purchase of Lots
               11 and 12, Block 130, Original Plat, and Lots A
               and B, Billingsley's Subdivision of Lot 1 and all
               of Lot 2, Block 145, Original Plat, Lincoln,
               Lancaster County, Nebraska.
               Attachment (266K)

36)  05R-261   Use Permit 154A - Application of Lincoln Federal
               Bancorp, Inc. to amend Wilderness Hills Commercial
               Center to adjust the front yard setback from 50
               feet to zero feet along all private roadways, and
               to adjust the front yard setback from 15 feet to
               10 feet where adjacent to 70' wide right-of-way
               and from 20 feet to 15 feet where adjacent to 65'
               wide right-of-way along Yankee Hill Road, on
               property generally located southeast of the
               intersection of South 27th Street and Yankee Hill
               Road.
               Fact Sheet (424K)

37)  05R-263   Approving a modification of the conditions of
               approval within Subdivision Permit No. 259 in
               order to allow Parcel 1 to be conveyed free and
               clear without restriction, to eliminate Parcel 2
               as a separate parcel of land which may be created
               by deed, and to eliminate the no-build restriction
               on Parcel 2, generally located at the southwest
               corner of Saltillo Road and South 38th
               Street.                                                          
               Attachment (668K)



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 (11/9/05)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
     11/14/05.



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 NOVEMBER
     ARE THE 14TH AND 28TH.



ADJOURNMENT    1:42 P.M.


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