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Formal Agenda

 

    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, DECEMBER 5, 2005 AT 1:30 P.M.

            ALL MEMBERS PRESENT EXCEPT JON CAMP 


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of Melisa R. Arnold for
               Dan Mac, Inc. dba The Keg at 104 N. 20th
               Street. (ADOPTED FOR APPROVAL, 6-0;  A-83661)

2)             Manager application of Brian Bierman for Empire
               Restaurants, Inc. dba TGI Friday's Restaurant at
               210 N. 48th Street. (ADOPTED FOR APPROVAL, 6-0;  A-83662)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 3 THRU 8 HAD 2ND READING)

3)   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).

4)   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)

5)   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)

6)   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)

7)   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)

8)   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)


PUBLIC HEARING - RESOLUTIONS

9)   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) 
               (ADOPTED, 5-1; ESCHLIMAN DISSENTING; A-83663)
               Fact Sheet (47K)

10)  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. (ADOPTED, 6-0;  A-83664)
               Fact Sheet (13K)
               Attachment (21K)

11)  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. (P.H. CON'T TO 12/12/05, 6-0)
               Fact Sheet (60K)

12)  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.
               (ACTION DELAYED DUE TO TIE VOTE TO 12/12/05, 3-3; COOK, 
               MARVIN, NEWMAN DISSENTING)
               Fact Sheet (49K)
               Attachment (214K)

13)  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.
               (ADOPTED, 6-0; A-83665)
               Fact Sheet (55K)
               Attachment (60K)

14)  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. (ADOPTED, 6-0;  A-83666)
               Fact Sheet (384K)

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

                         - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

15)            Setting the hearing date of Monday, December 19,
               2005 at 1:30 p.m. for a Manager App. of Keith
               Dragoo for Red Robin International, Inc. dba Red
               Robin America's Gourmet Burgers & Spirits at 2707
               Pine Lake Road. (ADOPTED, 6-0; A-83668)     

16)            Setting the hearing date of Monday, December 19,
               2005 at 1:30 p.m. for App. of Marti's Inc dba
               Marti's Bar & Grill for a Class "C"liquor license
               at 1409 O Street. (ADOPTED, 6-0; A-83669)

17)            Setting the hearing date of Monday, December 19,
               2005 at 1:30 p.m. for App. of The Watering Hole
               West for a Class "C" liquor license at 
               1550 Coddington Ave. (ADOPTED, 6-0; A-83670)


18)   MISCELLANEOUS REFERRALS

               Resolution approving the distribution of funds 
               representing interest earnings on short-term 
               investments of Idle Funds during the month ended 
               October 31, 2005. (ADOPTED, 6-0; A-83667)

	       Lincoln Water & Wastewater System Recapitulation 
               of Daily Cash Receipts for November 2005. 
               (PLACED ON FILE)

REPORTS OF CITY OFFICERS

19)            Report from City Treasurer for Cash on hand at the
               close of business October 31, 2005. (PLACED ON FILE)

20)            Clerk's Letter and Mayor's Approval of Ordinances
               & Resolutions passed by Council on November 28,
               2005. (PLACED ON FILE)


                    - END CONSENT AGENDA -
                                 
                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & ASSOCIATED  RESOLUTIONS (ITEMS 21 THRU 29 HAD 1ST READING)

21)  05-175    Change of Zone 05070A - Amending Chapter 27.53 of
               the Lincoln Municipal Code relating to Flood
               Regulations for New Growth Areas by amending
               Section 27.53.030 to provide development standards
               on property located in the floodway, floodplain or
               floodprone area. (Related Items: 05-175, 05-
               177, 05-176, 05-178, 05R-283, 05R-285)
               Fact Sheet (99K)

22)  05-177    Change of Zone 05070B - Amending Chapter 27.52 of
               the Lincoln Municipal Code relating to Flood
               Regulations for the Existing Urban Area by
               amending Section 27.52.010 to add a reference to
               floodprone area; by amending Section 27.52.020 to
               add a definition for "floodprone area" and a
               definition for "Watershed Master Plan"; by
               amending Section 27.52.030 to add standards for
               development within the floodprone areas, to
               prohibit development within the floodway except as
               provided in the general standards, and to provide
               that the floodway shall be the area as designated
               by the Federal Emergency Management Agency or by
               hydrologic and hydraulic studies approved by the
               City where this information is the best available
               information; by amending Section 27.52.040 to
               include floodprone areas; and by amending Section
               27.52.050 to include floodprone areas. (Related
               Items: 05-175, 05-177, 05-176, 05-178, 05R-283,
               05R-285)
               Fact Sheet (99K)

23)  05-176    Miscellaneous No. 05023A - Amending Chapter 26.24
               of the Lincoln Municipal Code relating to Flood
               Regulations for the Existing Urban Area by
               amending Section 26.24.010 to add a definition for
               "floodprone area"; by amending Section 26.24.020
               to provide platting and subdivision restrictions
               on land located in the floodway, floodplain or
               floodprone areas; by amending Section 26.24.030 to
               require additional information to be shown on the
               preliminary plat if the subdivision is located in
               the floodprone areas. (Related Items: 05-175,
               05-177, 05-176, 05-178, 05R-283, 05R-285)
               Fact Sheet (103K)

24)  05-178    Miscellaneous No. 05023B - Amending Chapter 26.25
               of the Lincoln Municipal Code relating to Flood
               Regulations for New Growth Areas by amending
               Section 26.25.020 to provide platting and
               subdivision restrictions on land located in the
               floodway, floodplain or floodprone areas.
               (Related Items: 05-175, 05-177, 05-176, 05-178,
               05R-283, 05R-285)
               Fact Sheet (103K)

25)  05R-283   To formally recognize the Beal Slough 100-year
               Floodprone Areas and revised Floodway, including
               updated flood elevations, as the best available
               information for local flood regulation purposes.
               (Related Items: 05-175, 05-177, 05-176, 05-178,
               05R-283, 05R-285)
               Fact Sheet (76K)
               Attachment (117K)

26)  05R-285   To update a portion of the Stevens Creek 100-year
               Floodprone Areas and revised Floodway map adopted
               in 2004, including updated flood elevations, as
               the best available information for local flood
               regulation purposes. (Related Items: 05-175,
               05-177, 05-176, 05-178, 05R-283, 05R-285)
               Fact Sheet (76K)
               Attachment (146K)

27)  05R-282   To formally recognize the Southeast Upper Salt
               Creek 100-year Floodprone Areas, including updated
               flood elevations,  as the best available
               information for local flood regulation purposes.
               (Related Items: 05R-282, 05R-284)
               Fact Sheet (78K)
               Attachment (65K)

28)  05R-284   To formally recognize the Cardwell Branch 100-year
               Floodprone Areas and revised Floodway, including
               updated flood elevations, as the best available
               information for local flood regulation
               purposes. (Related Items: 05R-282, 05R-284)
               Fact Sheet (79K)
               Attachment (64K)

29)  05-184    Amending Chapter 10.14 of the Lincoln Municipal
               Code to allow u-turns at street intersections,
               except where specifically prohibited, by amending
               Section 10.14.040 relating to Right-of-way;
               amending Section 10.14.170 relating to Turning
               Movements and Required Signals; amending Section
               10.14.180 relating to Signals by Hand and Arm or
               Signal Lamps; amending Section 10.14.190 relating
               to Required Position and Method of Turning at
               Intersections; amending Section 10.14.200 relating
               to U-Turn Only at Street Intersections; repealing
               Section 10.14.210 relating to Turns on Arterial
               Streets in Congested District; and amending
               Section 10.14.220 relating to Turns Restricted at
               Intersections With Automatic Signals.
               Fact Sheet (15K)


ORDINANCES - 3RD READING

30)  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. (ACTION DELAYED DUE TO TIE VOTE 
               TO 12/12/05, 3-3; COOK, MARVIN, NEWMAN DISSENTING)
               Fact Sheet (459K)

PENDING LIST - DATE CERTAIN

31)  05R-279   Action on the Lincoln Electric System Annual
               Budget for 2006. (Action Date: 12/12/05)
               Fact Sheet (75K)

32)  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 2
               wks to 12/12/05)
               Fact Sheet (472K)

33)  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)
               (Action Delayed 2 wks to 12/12/05)
               Attachment (46K)

34)  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) (Action
               Delayed 2 wks to 12/12/05)
               Fact Sheet (815K)
               Attachment (2378K)

35)  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) (11/28/05 - Reconsidered to have
               P.H. 12/12/05)
               Fact Sheet (66K)
               Attachment (834K)
               Attachment 2 (471K)


PENDING LIST

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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, DECEMBER 12, 2005 AT 1:30 P.M.:
                                                (APPROVED, 6-0)

45)  05R-293   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 16 -
               30, 2005.
               Fact Sheet (13K)
               Attachment (20K)

46)  05R-294   Approving a three-year contract with Continuum
               Employee Assistance to provide assessment and
               referral to employees and family members for
               personal problems which may affect job
               performance.
               Fact Sheet (22K)
               Attachment (217K)

47)  05R-295   Approving a License Agreement between the City and
               the Lincoln Airport Authority for a 25-year lease
               for Bowling Lake and surrounding area for a
               restoration project by the Nebraska Game and Parks
               Commission.
               Fact Sheet (59K)
               Attachment (330K)

48)  05R-296   Approving an Interlocal Agreement between the
               City, County and United Way  for the purpose of
               defining the parties' participation in the funding
               of oversight and administration of the Community
               Services Initiative-Lincoln (CSI) Project.
               Fact Sheet (48K)
               Attachment (765K)


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.

          
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  4:31 P.M.

                    
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                  on 5 City-TV, Cable Channel 5.

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Internet at:
                          lincoln.ne.gov
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