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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 7, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO CITY COUNCIL MEETING
THE WEEK OF NOVEMBER 21ST - THANKSGIVING HOLIDAY
IMMEDIATELY PRECEDING THE FORMAL COUNCIL MEETING, THE CITY
COUNCIL WILL CONVENE AS THE BOARD OF EQUALIZATION TO EQUALIZE
ASSESSMENTS FOR THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, THE
CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY AND THE MAINTENANCE
IMPROVEMENT BUSINESS DISTRICT.(APPROVED, 7-0)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of From Nebraska, Inc. dba From
Nebraska Gift Shop for an addition to their Class
CK liquor license of an outside area measuring
approximately 54' by 11' to the west of the
premises at 801 Q Street. (PUBLIC HEARING
AND ACTION DELAYED TO 11/14/05, 7-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 2 THRU 6
HAD 2ND READING; SEE ITEMS 4, 5, AND 6)
2) 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)
3) 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)
4) 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)(CONT. PUBLIC HEARING TO 11/28/05, 7-0)
Fact Sheet (472K)
5) 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)
(CONT. PUBLIC HEARING TO 11/28/05, 7-0)
Attachment (863K)
6) 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)(CONT. PUBLIC HEARING
TO 11/28/05, 7-0)
Fact Sheet (815K)
Attachment (2378K)
PUBLIC HEARING - RESOLUTIONS
7) 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. (ADOPTED, 7-0; A-83620)
8) 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. (ACTION DELAYED FOR 1 WEEK
TO 11/14/05, 6-0, ESCHLIMAN ABSTAINED)
Attachment (266K)
9) 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. (ADOPTED, 7-0; A-83622)
Fact Sheet (424K)
10) 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. (ADOPTED 7-0; A-83623)
Attachment (668K)
- END OF PUBLIC HEARING -
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
11) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
12) Assessment Resolutions for Board of Equalization
Special Assessment Group III, to be held on
Monday, November 14, 2005, at 10:00 A.M. (PLACED ON FILE)
13) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for October 2005. (PLACED ON FILE)
14) Report from City Treasurer of franchise tax for
the month of September 2005 from Time Warner
Cable. (PLACED ON FILE)
15) Report from City Treasurer of franchise tax for
the month of September 2005 from Aquila.
(PLACED ON FILE)
16) Report of City Treasurer of Telecommunications
Occupation Tax for the month of April 2005:
Digizip; July 2005: NE Tech. & Telecom.; August
2005: Cellular One, Alltel Comm. of Nebraska,
Alltel Systems of Midwest, Alltel Nebraska, USCOC
of Greater Iowa, New Cingular Wireless, AT&T Comm.
of Midwest, Cricket, NE Tech. & Telecomm., OCMC,
Advanced Tel, VoiceCom, OnStar Corp., Trans
National Comm., Working Assets Funding Serv.,
Qwest, Virgin Mobile, Telecorp Comm., Primus
Telecomm., Global Crossing, McLeodUSA, UCN Inc.,
Verizon, CIII Comm., Intellicall, ACN Comm.,
Cincinnati Bell, XO Comm., TracFone Wireless,
Guaranteed, Business Prod. Solutions, Star Number,
Quantum Shift, IBM Global, T-Netix, KDDI America;
September 2005: NPCR, First Wireless, Sprint
Spectrum, Sprint Comm., MCI WorldCom, TWC Info
Services of NE, Shaffer Comm., OCMC, Norstan
Network, Network Billing Systems, 360Networks
(USA), Nextel West Corp., SBC Long Distance,
Lightyear, LDMI, NOS Comm., Acceris, Tri-M,
Globalcom, Zone, GTC, Affinity, VarTec, Excel,
NOSVA, ATS Mobile; July - September 2005:
Claricom, AmeriVision, Touch 1, Trinsic, Matrix,
VoiceStream. (PLACED ON FILE)
17) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended September 30,
2005. (ADOPTED, 7-0; A-83621)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 18 THRU 25 HAD 1ST READING)
18) 05-166 Approving (1) Site Lease from the City and the
County of Lancaster, Nebraska to the Lincoln-
Lancaster County Public Building Commission, (2)
Lease Agreement from the Commission to the County
and the City and (3) the issuance of not to exceed
$2,000,000 of the Commission's Tax Supported Lease
Rental Revenue Bonds, series 2005, all with
respect to the acquisition of the Courthouse Plaza
Building. (Request 2nd, 3rd Readings 11/14/05)
Attachment (581K)
19) 05-159 Amending Section 4.54.010 of the Lincoln Municipal
Code relating to the Community Forestry Advisory
Board by modifying the membership requirements to
eliminate the provision that at least one voting
member must reside in each of the City Council
districts.
Fact Sheet (59K)
20) 05-167 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the City's Personnel System by
amending Section 2.76.175 to clarify the procedure
to be followed when an employee in a pay range
prefixed by "A" is temporarily promoted; and
amending Section 2.76.380 to clarify the procedure
to be followed when granting family sick leave to
an employee in a pay range prefixed by E or M.
21) 05-168 Declaring approximately 35,500 square feet as
surplus property generally located at 305 and 345
F Street. (Request 2nd, 3rd Readings 11/14/05)
Fact Sheet (252K)
22) 05-169 Change of Zone 05072 - Amending Title 27 of the
Lincoln Municipal Code by amending Section
27.65.080, Community Unit Plan: Design Standards;
Density, to add a provision to allow pre-existing
lots to be included within the limits of a
community unit plan without affecting the overall
density.
Fact Sheet (71K)
23) 05-170 Change of Zone 05073 - Amending Title 27 of the
Lincoln Municipal Code by amending Section
27.37.020, B-5 Planned Regional Business District:
Use Regulations, and Section 27.27.020, O-3 Office
Park District: Use Regulations, to add public and
private schools to the list of allowed uses.
Fact Sheet (22K)
24) 05-171 Amending Chapter 5.16 of the Lincoln Municipal
Code, Cable Communications, to incorporate the
cable communications regulations currently found
in Chapter 5.16 of the Lincoln Municipal Code as
updated to be in conformance with federal law with
the newly negotiated cable television franchise,
and repealing current Chapter 5.16 in its
entirety.
25) 05-172 Granting Time Warner Entertainment
Advance/Newhouse Partnership a communication
system franchise for cable television within the
City of Lincoln pursuant to and subject to the
provisions of the Lincoln Municipal Code.
Fact Sheet (13K)
Attachment (1461K)
Attachment 2 (82K)
ORDINANCES - 3RD READING
26) 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. (PASSED, 7-0; #18641)
Fact Sheet (52K)
Attachment (59K)
27) 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. (PASSED, 7-0; #18642)
Fact Sheet (196K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
28) 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)
29) 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)
30) 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)
31) 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 w/04R-273, 04-189, 04R-272)
(10/11/04 - Placed on Pending Indefinitely)
Fact Sheet (237K)
32) 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)
33) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Roger & 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)
34) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Roger & 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)
35) 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)
36) 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 14, 2005 AT 1:30 P.M.:
(APPROVED, 7-0)
37) 05R-264 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16 -
31, 2005.
Fact Sheet (13K)
Attachment (19K)
38) 05R-257 Authorizing acceptance of a donation of
approximately seven acres of land for park and
open space purposes generally located along
Antelope Creek in the Boulder Ridge residential
development, northeasterly of S. 84th Street and
Pine Lake Road.
Fact Sheet (68K)
39) 05R-265 Reappointing Matt Morrissey and John Lorenzen to
the Water Conditioning Board of Examiners for
three-year terms expiring September 4, 2008.
40) 05R-266 Reappointing Matt Morrissey to the Examining Board
of Plumbers for a three-year term expiring
September 4, 2008.
41) 05R-267 Reappointing Richard Noel to the Electrical
Advisory, Appeals, and Examining Board for a
three-year term expiring August 15, 2008.
42) 05R-268 Appointing Laurie Lage to the Charter Revision
Commission to fill an unexpired term expiring July
15, 2008.
Attachment (18K)
43) 05R-269 Appointing Scott Baird, Jessie Payne, Modesta
Putla, and Shawn Ryba to the Community Development
Task Force for three-year terms expiring August
31, 2008.
Attachment (142K)
44) 05R-274 Reappointing Jim Arter to the Downtown Business
Area Improvement Board for a three-year term
expiring September 1, 2006.
45) 05R-275 Appointing Debbie Brehm, Terry Bundy, Chris
Jackson, Cinnamon Dokken, Cheryl Kruger, Scott
Miller, Rick Noyes, Robert Scott, Ed Swotek, Nick
Vuko, and Dick Young to the Downtown Business Area
Improvement Board for three-year terms expiring
September 1, 2006.
Attachment (719K)
46) 05R-276 Reappointing Carmelia (Carmy) Anthony to the
Lincoln Commission on Human Rights for a three-
year term expiring December 31, 2008.
47) 05R-277 Appointing Karla Cooper and Dick Noble to the
Lincoln Commission on Human Rights for three-year
terms expiring December 31, 2008.
48) 05R-270 Approving a transfer of appropriations in the
amount of $300,000 from the Contingency fund back
to the Urban Development CIP fund as part of the
Antelope Valley project for the relocation and
rehabilitation of three houses at 125, 135, and
145 N. 22nd Street, commonly referred to as the
"Triplets".
Fact Sheet (59K)
49) 05R-271 Misc. 05017 - Application of Developmental
Services of Nebraska, Inc. for a Reasonable
Accommodation under Title 1 of the Lincoln
Municipal Code to allow a group home in the R-4
Residential District to locate within the required
1,200 ft. separation from another group home, on
property generally located at 424 N. Coddington
Ave.
Fact Sheet (712K)
50) 05R-272 Misc. 05018 - Application of Developmental
Services of Nebraska, Inc. for a Reasonable
Accommodation under Title 1 of the Lincoln
Municipal Code to allow a group home in the R-3
Residential District to locate within the required
one-half mile separation from another group home,
on property generally located at 1661 Timber Ridge
Road.
Fact Sheet (840K)
51) 05R-273 Misc. 05019 - Application of Developmental
Services of Nebraska, Inc. for a Reasonable
Accommodation under Title 1 of the Lincoln
Municipal Code to allow a group home in the R-2
Residential District to locate within the required
one-half mile separation from another group home,
on property generally located at 5516 Hunts Drive.
Fact Sheet (736K)
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 5:25 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