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Formal Agenda

 

    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
            MONDAY, DECEMBER 19, 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

1)             Manager application of Keith Dragoo for Red
               Robin International, Inc. dba Red Robin
               America's Gourmet Burgers & Spirits at 2707
               Pine Lake Road. (ADOPTED FOR APPROVAL, 6-1; 
               ESCHLIMAN DISSENTING; A-83679)

2)             Application of Marti's, Inc. dba Marti's Bar and
               Grill for a Class C liquor license at 1409 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-83680)

3)             Manager application of Mike Figueroa for Marti's,
               Inc. dba Marti's Bar and Grill at 1409 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-83681)

4)             Application of Bugeater Investments, Inc. dba The
               Watering Hole West for a Class C liquor license at
               1550 Coddington Ave., Suite P. 
               (ADOPTED FOR APPROVAL, 7-0; A-83682)

5)             Manager application of Bryan A. McFarland for
               Bugeater Investments, Inc. dba The Watering Hole
               West at 1550 Coddington Ave., Suite P.
               (ADOPTED FOR APPROVAL; 7-0; A-83683)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS  (ITEMS 6 & 7 HAD 
2ND READING, SEE ITEM 7) 

6)   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)

7)   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) (ACTION DATE: 1/9/06)
               Fact Sheet (830K)


PUBLIC HEARING - RESOLUTIONS

8)  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. (AMENDED #1, 4-3; COOK, 
               NEWMAN & SVOBODA DISSENTING; ADOPTED, 7-0; A-83684)
               Fact Sheet (61K)

9)   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) (PLACED ON PENDING INDEFINITELY, 
               4-3; CAMP, ESCHLIMAN & SVOBODA DISSENTING)
               Fact Sheet (676K)

10)  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) (AMENDED #1, 7-0; PLACED ON PENDING INDEFINITELY, 
               4-3; CAMP, ESCHLIMAN & SVOBODA DISSENTING)
               Fact Sheet (56K)
               Attachment (394K)

11)  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. 
               (ADOPTED, 7-0; A-83685)
               Fact Sheet (225K)

12)  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. 
               (ADOPTED, 7-0; A-83686)
               Attachment (234K)


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

                         - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS

13)            Report of UNL Microbioligist for water testing for
               the month of November, 2005. (PLACED ON FILE)

14)            Setting the hearing date of Monday, January 9,
               2006 at 1:30 p.m. for Application of Gas 'N Shop, Inc. 
               dba Discount City for a Class D Liquor License at 
               5560 South 48th Street, Suite #6. (ADOPTED, 7-0; A-83687)

15)            Setting the hearing date of Monday, January 9,
               2006 at 1:30 p.m. for Application of Prairie 
               Lake Mobile for a Class D Liquor License at 
               8600 Amber Hill Court. (ADOPTED, 7-0; A-83688)

16) MISCELLANEOUS REFERRALS

               THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE 
               PLANNING DEPARTMENT:
	       Change of Zone No. 05082: App. of Sierra Investments, 
               LLC for a change from R-6 Residential District to B-3 
               Commercial District, on property located at 
               S. 21st Street and K Street.
	       Change of Zone No. 05083: App. of Ed Aasen for a change 
               from R-3 Residential District to O-3 Office Park District, 
               on property located at S. 75th Street and Pioneers Boulevard.
	       Special Permit No. 1114D: App.Gary McCown for an 
               amendment to the Pheasant Run Community Plan, to adjust 
               the setbacks, on property located at Old Cheney Road 
               and Pheasant Run Lane.

	       Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances, except Resolution No. A-83676 and 
               Ordinance No. 18653, passed by the City Council on 
               December 12, 2005. (PLACED ON FILE)

               Setting the hearing date of Mon. January 9, 2006 for 
               the App. of B & R Stores, Inc. dba RB's Liquor Store 
               for a reconstruction of premises at 1709 Washington. 
               (ADOPTED, 7-0; A-83689)


REPORTS OF CITY OFFICERS

17)  05R-298   Reappointing Greg Key and Deanne Finnegan to the
               Citizen Police Advisory Board for three-year terms
               expiring November 17, 2008. (ADOPTED, 7-0; A-83690)

18)  05R-299   Reappointing Ron Melbye and Tom Schleich to the
               Lincoln Electric System Administrative Board for
               three-year terms expiring December 31, 2008. 
               (ADOPTED, 7-0; A-83691)

19)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               December 5, 2005. (PLACED ON FILE)


                    - END CONSENT AGENDA -
                                 
                   -   END PUBLIC HEARING -


ORDINANCES - 1ST READING   (ITEMS 20 THRU 23 HAD 1ST READING, 
SEE ITEM 22)

20)  05-186    Approving a one-year lease Agreement between the
               City and the Hickman Presbyterian Church for the
               lease of space by the Lincoln Area Agency on Aging
               for its ActivAge Center program at 300 E. 3rd
               Street, Hickman, NE. 
               Fact Sheet (58K)
               Attachment (103K)
     
21)  05-187    Street Name Change 05008 - Renaming West Pemberly
               Lane located north from Highland Boulevard in
               Baron's Ridge Addition as Northwest Pemberly Lane.
               Fact Sheet (133K)

22)  05-188    Change of Zone 3413 - Application of Landon's
               Neighborhood Association for a change of zone from
               R-4 Residential to R-2 Residential on property
               generally located at North 24th and Superior
               Streets. (PLACED ON PENDING INDEFINITELY, 7-0)
               Fact Sheet (1465K)

23)  05-189    Street Vacation 05011 - Vacating the west seven (7)
               feet of 23rd Street between Vine and U Streets.
               Fact Sheet (224K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

24)  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) 
               12/12/05 - Action Delayed 1 wk to 12/19/05) 
               (ACTION DELAYED 3 WKS. TO 1/9/06, 7-0)
               Fact Sheet (472K)

25)  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)
               (12/12/05 - Action Delayed 1 wk to 12/19/05)
               (ACTION DELAYED 3 WKS. TO 1/9/06, 7-0)
               Attachment (46K)

26)  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) 
               (12/12/05 - Action Delayed 1 wk to 12/19/05)
               (AMENDED #5, 7-0; ACTION DELAYED 3 WKS. TO 1/9/06, 7-0)
               Fact Sheet (815K)
               Attachment (2378K)

27)  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) (PASSED WITH AMENDMENTS, 5-2; 
               COOK & NEWMAN DISSENTING; #18658)
               Fact Sheet (66K)
               Attachment (834K)
               Attachment 2 (471K)

28)  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)
               (ACTION DELAYED 3 WKS. TO 1/9/06, 5-2; 
               COOK & NEWMAN DISSENTING)
               Fact Sheet (99K)

29)  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) (ACTION DELAYED 3 WKS. TO 1/9/06, 5-2; 
               COOK & NEWMAN DISSENTING)
               Fact Sheet (99K)

30)  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)
               (ACTION DELAYED 3 WKS. TO 1/9/06, 
               5-2; COOK & NEWMAN DISSENTING)
               Fact Sheet (103K)

31)  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) (ACTION DELAYED 3 WKS. TO 1/9/06, 
               5-2; COOK & NEWMAN DISSENTING)
               Fact Sheet (103K)

32)  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 Date: 12/19/05)
               (ACTION DELAYED 3 WKS. TO 1/9/06, 5-2; 
               COOK & NEWMAN DISSENTING)
               Fact Sheet (76K)
               Attachment (117K)

33)  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 Date: 12/19/05) (ACTION DELAYED 3 WKS. 
               TO 1/9/06, 5-2; COOK & NEWMAN DISSENTING)
               Fact Sheet (76K)
               Attachment (146K)

34)  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 Date: 12/19/05) (ACTION DELAYED 3 WKS. 
               TO 1/9/06, 5-2; COOK & NEWMAN DISSENTING)
               Fact Sheet (78K)
               Attachment (65K)

35)  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 Date: 12/19/05) (ACTION DELAYED 3 WKS. 
               TO 1/9/06, 5-2; COOK & NEWMAN DISSENTING)
               Fact Sheet (79K)
               Attachment (64K)

36)  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.  (PASSED, 7-0; #18659) 
               Fact Sheet (15K)


RECONSIDERATION

37) 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) 
               (MOTION TO OVERRIDE FAILED, 3-4; CAMP, ESCHLIMAN 
               & SVOBODA ASSENTING) 
               Fact Sheet (459K)

38) 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) 
               (MOTION TO OVERRIDE FAILED, 3-4; CAMP, ESCHLIMAN 
               & SVOBODA ASSENTING)
               Fact Sheet (49K)
               Attachment (214K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED THREE WEEKS)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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, JANUARY 9, 2006 AT 1:30 P.M.:
                                                     (APPROVED, 7-0)
48)  05R-305   Authorizing acceptance of a donation of
               approximately 8.3 acres of land for extension of
               the Antelope Creek Trail  and open space generally
               located along  Antelope Creek northerly of
               Pioneers Blvd.
               Fact Sheet (58K)

49)  05R-306   Appointing Kaci Lynch and Giovanni Jones to the
               Lincoln-Lancaster Women's Commission for two-year
               terms expiring January 1, 2008.
               Attachment (103K)

50)  05R-307   Reappointing Jeannine Falter and Bethina Moore to
               the Lincoln-Lancaster Women's Commission for two-
               year terms expiring January 1, 2008.

51)  05R-308   Reappointing Patty McManus to the Lincoln Electric
               System Administrative Board for a three-year term
               expiring December 31, 2008.


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 (1/4/06)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 1/9/06.
          
ANYONE WISHING TO ADDRESS THE COUNCIL ON A MATTER NOT ON THIS
     AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY DO
     SO AT THIS TIME. OPEN MICROPHONE SESSIONS FOR JANUARY 
     ARE THE 9TH AND 30TH.
     


ADJOURNMENT  7:30 P.M.




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