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Formal Agenda

 

    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
           MONDAY, NOVEMBER 28, 2005 AT 5:30 P.M.

                    ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of Clayton Wysocki for
               DHABS, LLC, dba Barrymore's at 124 North 13th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-83651) 

2)             Application of Irie, Inc. dba Doc's Place for the
               addition of a catering liquor license to the
               existing Class C liquor license at 140 North 8th
               Street, Suite 150. (ADOPTED FOR APPROVAL, 6-0; CAMP,
               CONFLICT OF INTEREST; A-83652)

3)             Application of M&R Ventures LLC dba Bennigan's
               Restaurant for a Class I liquor license at 8701
               Andermatt Drive. (ADOPTED FOR APPROVAL, 7-0; A-83653)

4)             Manager application of Scott Zabel for M&R
               Ventures LLC dba Bennigan's Restaurant at 8701
               Andermatt Drive. (ADOPTED FOR APPROVAL, 4-3;
               COOK, ESCHLIMAN, MARVIN, DISSENTING; A-83654)

5)             Application of Blue Orchid, LLC dba Blue Orchid
               for a Class I liquor license at 129 North 10th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-83655)

6)             Manager application of Malinee Kiatathikom for
               Blue Orchid, LLC dba Blue Orchid at 129 North 10th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-83656)


PUBLIC HEARING
ORDINANCES - 2ND  READING  (ITEM 7 HAD 2ND READING)

7)   05-161    Change of Zone 05067 - Application of Whitehead
               Oil Company for a change of zone from R-6
               Residential District to B-3 Lincoln Center
               Business District on property generally located at
               2100 K Street.
               Fact Sheet (459K)


 PUBLIC HEARING - RESOLUTIONS

8)   05R-278   Approving Luckie's Lounge at 1101 W. Bond as
               a keno satellite site. (Request to con't.
               P.H. & Action to 12/5/05) (P.H. & ACTION CON'T TO 12/5/05, 7-0)
               Fact Sheet (47K)

9)   05R-279   Hearing on the Lincoln Electric System Annual
               Budget for 2006. (Action Date: 12/12/05)
               Fact Sheet (75K)

10)  05R-280   Approving Supplemental Agreement No. 1 between the
               City, County and the State Dept. of Roads for
               funding of the Lincoln South Beltway. (ADOPTED, 7-0; A-83657)
               Fact Sheet (48K)
               Attachment (164K)

11)  05R-281   Approving an Agreement between the City and the
               State Dept. of Roads to resurface Highway 2 from
               Van Dorn Street to Old Cheney Road. 
               (ADOPTED, 6-1; MARVIN DISSENTING; A-83658)
               Fact Sheet (37K)
               Attachment (288K)

12)  05R-286   Approving a Redevelopment Agreement between the
               City and Village Development - O Street, LLC, West
               Gate Bank, and the Eating Establishment
               48th & O, for the redevelopment of the
               southeast corner of 48th and O Streets in
               connection with City Specification No. 05-049,
               Subproject Area B. (ADOPTED, 7-0; A-83659)
               Attachment (3361K)


PUBLIC HEARING
ORDINANCES  - 3RD READING & RESOLUTIONS

13)  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) (11/7/05 - P.H. con't.  3 wks. to 11/28/05)
               (ACTION DELAYED FOR 2 WKS. TO 12/12/05, 7-0)
               Fact Sheet (472K)

14)  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)
               (11/7/05 - P.H. con't.  3 wks. to 11/28/05)
               (AMENDED #1, 7-0; AMENDED #2, 7-0; AMENDED #4, 7-0;
               AMENDED #5, 7-0; AMENDED #6, 7-0; AMENDED #7, LOST 2-5;
               ESCHLIMAN & SVOBODA ASSENTING)
               (ACTION DELAYED FOR 2 WKS. TO 12/12/05, 7-0)
               Attachment (46K)

15)  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) (11/7/05 -
               P.H. con't.  3 wks. to 11/28/05) (AMENDED #1, 7-0;
               AMENDED #2, 7-0; AMENDED #3, 7-0)
               (ACTION DELAYED FOR 2 WKS. TO 12/12/05, 7-0)

               Fact Sheet (815K)
               Attachment (2378K)


Anyone wishing to address an item on the Consent Agenda may do so
at this time

                         - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

16)            THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE
               PLANNING DEPARTMENT:
               Special Permit No. 05056 - App of Sanford and
               Son, LLC to operate a concrete crusher to recycle
               concrete and asphalt on property at 3900
               Industrial Drive.
               Special Permit No. 05057 - App. of
               Neighborhood Service Exchange, a project of Health
               Partners Initiative,  for a nonprofit religious,
               educational, and philanthropic institution on
               property at 1036 E Street.


17)  MISCELLANEOUS REFERRALS

               Accepting the Report on Board of Equalization to
               City Council on Special Assessment Group III
               (Water District 1194 and Alley Paving District 362A).
               (PLACED ON FILE)


REPORTS OF CITY OFFICERS

18)            Resolution setting the Interest Rate of 6.05% and
               Levying the Assessments on Special Assessment
               Group III of the Board of Equalization held
               November 14, 2005. (ADOPTED, 7-0; A-83660)

19)            Setting the Hearing Date of Monday, December 19,
               2005, at 1:30 p.m. for the Assessment of Weed
               Removal Costs Incurred for the Period of January 1
               through December 31, 2005. (PLACED ON FILE)

20)            Clerk's Letter and Mayor's Approval of Ordinances
               and Resolutions passed by Council on November 14,
               2005. (PLACED ON FILE)

21)            Report of UNL Microbiologist for water testing for
               the month of October, 2005. (PLACED ON FILE)


                         - END CONSENT AGENDA -

                        -  END PUBLIC HEARING -


ORDINANCES - 1ST READING & ASSOCIATED  RESOLUTIONS  (ITEMS 22 THRU 27 HAD 1ST READING)

22)  05-179    Approving a Lease Agreement between the City and
               Haymarket Square for the lease of space located at
               808 P Street, Suite 400, for use by the Urban
               Development Department for a four year term.
               Fact Sheet (57K)
               Attachment (537K).

23)  05-180    Amending Chapter 10.14 of the Lincoln Municipal
               Code relating to Rules of the Road by adding a
               section numbered 10.14.165 relating to Two-Way
               Left-Turn Lanes.
               Fact Sheet (60K)

24)  05-181    Amending Chapter 10.14 of the Lincoln Municipal
               Code relating to Rules of the Road by adding a new
               section numbered 10.14.045 to prohibit evasion of
               traffic control devices, signs, or signals at
               street intersections.
               Fact Sheet (59K)

25)  05-182    Change of Zone HP 05076 - Application of Forum LEX
               Ltd. to designate the former Kappa Sigma
               Fraternity House at 1141 H Street as a historic
               landmark. (Related Items: 05-182, 05R-291)
               Fact Sheet (544K)

26)  05R-291   Special Permit 05051 - Application of Forum LEX
               Ltd. to use a landmark designated property as
               office uses, on property generally located at the
               southwest corner of S. 12th and H Streets.
               (Related Items: 05-182, 05R-291) (Action Date:
               12/12/05)
               Fact Sheet (816K)

27)  05-183    Approving a transfer of appropriations within the
               Parks and Recreation Capital Improvement Program
               in the amount of $100,000 from Mahoney Ballfield
               Renovation 409382.6138 (Keno) to University Place
               Ballfield Lighting Replacement 409418.6138; in the
               amount of $18,000 from Witherbee Mini Park
               Development 409387.6138 (Keno) to Woods Park
               Shelter and Drinking Fountain 409419.6138; in the
               amount of $50,000 from Fleming Fields Park
               Acquisition 409387.6135 (Keno), $23,000 from
               Holmes Lake Trail Construction 409368.6138 (GR),
               $11,354.56 from Roper Park Drainage Improvements
               409364.6138 (cash) and $5,000.46 from Roper Park
               Drainage Improvements 409364.6138 (Keno) to
               Antelope Valley Trail Construction 409410.6138.
               Fact Sheet (69K)


ORDINANCES - 3RD READING & RESOLUTION  FOR  ACTION ONLY

28)  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. (PASSED, 4-3; COOK, MCROY & NEWMAN
               DISSENTING; #18646)

               Fact Sheet (59K)

29)  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.
               (AMENDED #1, 7-0; PASSED, 7-0; #18647)

30)  05-168    Declaring approximately 35,500 square feet as
               surplus property generally located at 305 and 345
               F Street. (PASSED, 6-1; CAMP DISSENTING #18648)
               Fact Sheet (252K)

31)  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.
               (PASSED, 4-3; COOK, MARVIN & NEWMAN DISSENTING; #18649)
               Fact Sheet (71K)

32)  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.
               (PASSED, 7-0; #18650)
               Fact Sheet (22K)

33)  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. (PASSED, 7-0; #18651)

34)  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.
               (AMENDED #1, LOST, 0-7; PASSED, 6-1; CAMP DISSENTING; #18652)
               Fact Sheet (13K)
               Attachment (1461K)
               Attachment 2 (82K)

35)  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. (11/14/05 - Action Delayed 2
               wks. to 11/28/05) (AMENDED #1, LOST 3-4; CAMP, MCROY & SVOBODA
               ASSENTING; LOST, 3-4; COOK, MARVIN & NEWMAN ASSENTING; #38-4513)
               Fact Sheet (68K)


RECONSIDERATION - Request of Council Chair Svoboda

36)  05-173    Approving the sale of City property at
               9th and K Streets, known as the K
               Street Power Plant. (11/14/05 - Placed on
               pending indefinitely) (RECONSIDERED, 4-3; CAMP, COOK & NEWMAN
               DISSENTING; ACTION DELAYED FOR 2 WKS. TO 12/12/05, 7-0)
               Fact Sheet (66K)
               Attachment (834K)
               Attachment 2 (471K)


PENDING LIST - DATE CERTAIN - NONE

PENDING LIST  (EXTENDED ONE WEEK)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  05-173    Approving the sale of City property at 9th and K
               Streets, known as the K Street Power Plant.
               (11/14/05 - Pending Indefinitely)
               Fact Sheet (66K)
               Attachment (834K)
               Attachment 2 (471K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
   PUBLIC HEARING ON MONDAY, DECEMBER 5, 2005 AT 1:30 P.M.
                                               (APPROVED, 7-0)

47)  05R-288   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of
               November 1 - 15, 2005.
               Fact Sheet (13K)
               Attachment (21K)

48)  05R-287   Approving a waiver of the Design Standards for
               Vehicle Stacking for the proposed HS Bank Branch
               at 5560 South 48th Street to reduce the drive-thru
               teller stacking by one vehicle.
               Fact Sheet (60K)

49)  05R-289   Approving a Conditional Zoning Agreement between
               the City and Whitehead Oil Company for the
               development of traffic and design conditions
               associated with a change of zone from R-6
               Residential to B-3 Commercial on property
               generally located at 21st and K Streets.
               Fact Sheet (49K)
               Attachment (214K)

50)  05R-290   Approving a contract between the City and Lincoln
               Public Schools to allow the City to use LPS buses
               for emergency evacuation of members of the public
               during emergency or crisis situations that pose a
               threat to their health, safety, or well-being.
               Fact Sheet (55K)
               Attachment (60K)

51)  05R-292   Preliminary Plat No. 05009 - Application of
               Lincoln North Creek, LLC to develop West Hobelman
               Addition consisting of eight commercial and
               industrial lots, including waivers and
               modifications to allow sanitary sewer to run
               opposite street grade; to eliminate on-site
               detention; to construct sanitary sewer on the east
               side of S.W. 14th Place; to construct
               water on the west side of S.W. 14th Place;
               and to eliminate the requirement to provide
               street access to adjoining property on property
               generally located at S.W. 14th Place and
               West O Street.
               Fact Sheet (384K)


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 (12/7/05)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
     12/12/05.

          Name: Becky Vandenberg             Topic: Emerald water
                                             issue (SHE WAS NOT PRESENT)

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 SESSION FOR DECEMBER
     IS DECEMBER 12TH. (Note: Only one open microphone session
     for the month of December)



ADJOURNMENT   1:14 A.M.



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