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City of Lincoln City Council Office 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.,
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