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Formal Agenda

 

      ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, DECEMBER 12, 2005 AT 1:30 P.M.

                     ALL MEMBERS PRESENT

              THERE WILL BE NO COUNCIL MEETING
  THE WEEKS OF DECEMBER 26, 2005  AND JANUARY 2 AND 16, 2006
   

PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND  READING & ASSOCIATED RESOLUTIONS (ITEMS 1 THRU 10 
HAD 2ND READING, SEE ITEMS 6, 7, 8, 9)

1)   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)

2)   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)

3)   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)

4)   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)

5)   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)

6)   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)
               (ACTION DELAYED 1 WEEK TO 12/19/05, 7-0)
               Fact Sheet (76K)
               Attachment (117K)

7)   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)
               (ACTION DELAYED 1 WEEK TO 12/19/05, 7-0)
               Fact Sheet (76K)
               Attachment (146K)

8)   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)
               (ACTION DELAYED 1 WEEK TO 12/19/05, 7-0)
               Fact Sheet (78K)
               Attachment (65K)

9)   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)
               (ACTION DELAYED 1 WEEK TO 12/19/05, 7-0)
               Fact Sheet (79K)
               Attachment (64K)

10)  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)


PUBLIC HEARING - RESOLUTIONS

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.
               (12/5/05 - P.H. con't. 1 week to 12/12/05)
               (ADOPTED, 5-2; COOK, NEWMAN DISSENTING; A-83671)
               Fact Sheet (60K)

12)  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.
               (ADOPTED, 7-0; A-83672)
               Fact Sheet (13K)
               Attachment (20K)

13)  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.(ADOPTED, 7-0; A-83673)
               Fact Sheet (22K)
               Attachment (217K)

14)  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. (ADOPTED, 7-0; A-83674)
               Fact Sheet (59K)
               Attachment (330K)

15)  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.(ADOPTED, 7-0; A-83675)
               Fact Sheet (48K)
               Attachment (765K)


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

                         - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

16)    MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

17)            Report from City Treasurer of Franchise tax from
               Aquila for the month of October, 2005. (PLACED ON FILE)

18)            Report from City Treasurer of Telecommunications
               Occupation Tax for the month of June, 2005: MCI
               WorldCom; January - September, 2005: Business
               Telecom, Inc.; July - September 2005: Air Cell,
               Netifice Comm., PNG Telecomm., Who's Calling,
               Inc., Telenational Comm., Southwest Comm.,
               American Farm Bureau, Fast Phones of Nebr.;
               September 2005:  Tracfone Wireless, VoiceCom,
               Cincinnati Bell Any Distance, Working Assets
               Funding Service, Verizon Long Distance, Trans
               National Comm., AccessLine Comm., McLeodUSA, UCN,
               Inc., Virgin Mobile USA, T-Netix, Advanced Tel
               Inc., ACN Comm., Global Crossing, Intellicall,
               Primus, Opex, CIII Comm., Qwest, Verizon Select,
               On Star, Guaranteed Phone Serv., Quantum Shift,
               IBM Global, Business Prod., Solutions, IDT Corp.,
               Telecorp, Com Tech, Winstar Comm., Star Number,
               KDDI America, XO Comm., Enhanced Comm., AT&T,
               Cricket, USCOC of Greater Iowa, Alltel Nebraska,
               Inc., Alltel Comm., of Nebr. Inc., Alltel Systems
               of the Midwest, Inc., Nebraska Tech. & Telecomm.,
               New Cingular Wireless PCS, WWC License; October
               2005: NPCR, Inc., TWC Info Serv., First Wireless,
               Sprint, MCI WorldCom, Sprint Spectrum, Alltel
               Comm. of Nebr., Inc., Alltel Systems of the
               Midwest, Inc., Alltel Nebraska, Inc., SBC Long
               Distance, Nextel West, NOS Comm., GTC Telecom,
               LDMI, Zone Telecom, Tri-M Comm., Lightyear Network
               Solutions, Acceris Mgmt.& Acquisition, Globalcom,
               Affinity Network, Acceris Comm., Excel Telecomm.,
               VarTec Telecom, NOSVA, ATS Mobile. (PLACED ON FILE)               

                    - END CONSENT AGENDA -
                                 
                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 19 & 20 HAD 1ST READING)

19)  05-185    Change of Zone No. 05026A - Application of Apple's
               Way LLC and Uno Properties to amend the Apple's
               Way Planned Unit Development to adjust setbacks
               and the maximum height in the B-2 Planned
               Neighborhood Business Area, on property legally
               described as a portion of Outlot E, Country
               Meadows, and Lots 36, 88, 123, 155 and 156 I.T.,
               all located in Section 16-9-7, Lancaster County,
               Nebraska, generally located at S. 66th Street and
               Highway 2. (Related Items: 05-185, 05R-297)
               Fact Sheet (695K)

20)  05R-297   Preliminary Plat 05016 - Appeal of Apple's Way LLC
               and Uno Properties Inc. to amend condition 1.1.4
               and condition 1.2.2 for 32 residential lots in the
               R-1 Residential District and 10 lots in the B-2
               Planned Neighborhood Business District, on
               property generally located at S. 66th Street and
               Highway 2. (Related Items: 05-185, 05R-297)
               (Action Date: 12/19/05)
               Fact Sheet (830K)


ORDINANCES - 3RD READING  & RESOLUTIONS FOR ACTION

21)  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. (12/5/05 - Action delayed to
               12/12/05 due to tie vote) (PASSED, 4-3; COOK, 
               MARVIN, NEWMAN DISSENTING; #18653)
               Fact Sheet (459K)

22)  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.
               (12/5/05 - Action delayed to 12/12/05 due to
               tie vote) (AMENDED #1, 6-1; ESCHLIMAN DISSENTING; 
               AMENDED #2, 4-3; CAMP, MCROY, SVOBODA, DISSENTING; 
               ADOPTED, 4-3; COOK, MARVIN, NEWMAN, DISSENTING; A-83676)
               Fact Sheet (49K)
               Attachment (214K)

23)  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. 
               (PASSED, 6-0; CONFLICT OF INTEREST: CAMP; #18654)
               Fact Sheet (57K)
               Attachment (537K).

24)  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. (LOST, 1-6; MCROY ASSENTING; #38-4514)
               Fact Sheet (60K)

25)  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. (PASSED, 7-0; #18655)
               Fact Sheet (59K)

26)  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) 
               (PASSED, 7-0; #18656)
               Fact Sheet (544K)

27)  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) (ADOPTED, 7-0; A-83677)
               Fact Sheet (816K)

28)  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.
               (PASSED, 7-0; #18657)
               Fact Sheet (69K)

29)  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) (ACTION DELAYED 1 WEEK TO 12/19/05, 6-1; 
               ESCHLIMAN DISSENTING)
               Fact Sheet (472K)

30)  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)
               (ACTION DELAYED 1 WEEK TO 12/19/05, 6-1; 
               ESCHLIMAN DISSENTING)
               Attachment (46K)

31)  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) (ACTION DELAYED 1 WEEK 
               TO 12/19/05, 6-1; ESCHLIMAN DISSENTING)
               Fact Sheet (815K)
               Attachment (2378K)

32)  05R-279   Action on the Lincoln Electric System Annual
               Budget for 2006. (Action Date: 12/12/05)
               (ADOPTED, 7-0; A-83678)
               Fact Sheet (75K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED ONE WEEK)

33)   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)

34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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 19, 2005 AT 1:30 P.M.:
                                                   (APPROVED, 7-0)

42)  05R-298   Reappointing Greg Key and Deanne Finnegan to the
               Citizen Police Advisory Board for three-year terms
               expiring November 17, 2008.

43)  05R-299   Reappointing Ron Melbye and Tom Schleich to the
               Lincoln Electric System Administrative Board for
               three-year terms expiring December 31, 2008.

44)  05R-300   Authorizing the Mayor to execute a multi-year
               contract per City Ordinance when funding
               appropriations come from more than one fiscal year
               CIP for O Street reconstruction from 45th to 52nd
               Street, City Project No. 701780, which includes
               reconstruction of 48th Street between M and R
               Streets.
               Fact Sheet (61K)

45)  05R-301   Comp. Plan Amendment No. 05011 - Amending the 2025
               Lincoln/Lancaster County Comprehensive Plan by
               changing approximately 14 acres of Public/Semi-
               Public and Green Space to Commercial use, on
               property generally located at the southeast corner
               of N. 84th Street and Havelock Ave. (Related
               Items: 05R-301, 05R-302)
               Fact Sheet (676K)

46)  05R-302   Approving a Memorandum of Understanding between
               the City and the Lancaster County Agricultural
               Society associated with the Society's request for
               a comprehensive plan amendment designating
               approximately 14.4 acres generally located on the
               southeast corner of 84th Street and Havelock
               Avenue as commercial. (Related Items: 05R-301,
               05R-302)
               Fact Sheet (56K)
               Attachment (394K)

47)  05R-303   Use Permit No. 33D - Application of SENHOC
               Properties LLC to permit a sign within the O-3
               Office Park District that does not identify the
               name of the office park, on property generally
               located at Haverford Drive and L Street.
               Fact Sheet (225K)

48)  05R-304   Assessing the costs for weed cuttings incurred by
               the City from January 1, 2005 through December 31,
               2005,  against the various benefitted properties.
               Attachment (234K)


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  10:00 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.,
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                  on 5 City-TV, Cable Channel 5.

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Internet at:
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City Council