InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
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