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Formal Agenda/Action

 

					
					
     AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
              MONDAY, NOVEMBER 1, 2004 AT 1:30 P.M.
                              
                                
NOTE: IMMEDIATELY PRECEDING THE FORMAL COUNCIL MEETING,
THE CITY COUNCIL WILL CONVENE AS THE BOARD OF EQUALIZATION TO
EQUALIZE ASSESSMENTS FOR THE DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT, THE CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY AND THE
MAINTENANCE IMPROVEMENT BUSINESS DISTRICT.
                         

                      ALL MEMBERS PRESENT
                                
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of Morris L. Motes for
               Whitehead Oil Company dba U-Stop Convenience Shop
               at 2925 N.W. 12th Street. (ADOPTED, 7-0; A-83061)

2)             Manager application of Dawn M. Whalen for
               Whitehead Oil Company dba U-Stop Convenience Shop
               at 240 N. 17th Street. (ADOPTED, 7-0; A-83062)

3)             Manager application of Barbara J. Ehrisman for
               Whitehead Oil Company dba U-Stop Convenience Shop
               at 942 S. 27th Street. (ADOPTED, 7-0; A-83063)

4)             Application of Eric Lemke dba Windsor Stables
               Reception Centre for a liquor catering license at
               1024 L Street. (ADOPTED, 7-0; A-83064)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 5 & 6 HAD 2ND READING)

5)   04-199    Change of Zone 04061 - Application of Aspen
               Builders, Inc. for a change of zone from AGR
               Agricultural Residential District to R-3
               Residential District on property generally located
               south of West A Street and east of S.W. 27th
               Street. 
               Fact Sheet (139K)

6)   04-200    Amending Chapter 14.56 of the Lincoln Municipal
               Code establishing a permit process for issuance of
               a permit to place privately owned outdoor artwork
               in the public right-of-way or on publicly owned
               property.


PUBLIC HEARING - RESOLUTIONS

 7)  04R-283C  Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of 
               October 1 - 15, 2004. (10/25/04 - Claim of
               Katherine Irons held over for Public Hearing &
               Action) (ADOPTED, 7-0; A-83065)
               Fact Sheet (14K)
               Attachement (32K)

8)   04R-287   Appointing Ruthelen S. Sittler to the Lincoln Area
               Agency on Aging Advisory Council to fill an
               unexpired three-year term expiring July 1, 2006. 
               (ADOPTED, 7-0; A-83066)

9)   04R-288   Hearing on Brubaker Rentals' Notice of Appeal
               appealing from the impact fee determination of
               Arterial Street Impact Fees imposed for the multi-
               family dwelling located at 2300 B Street and
               requesting a waiver of said fees. (ADOPTED 
               FOR DENIAL, 7-0; A-83067)
               Approval (10K)
               Denial (67K)
               Fact Sheet (58K)

10)  04R-289   Misc. 04010 - Amending Chapter 1.0, Section 2.2,
               and Chapter 3.75 of the City of Lincoln Design
               Standards to clarify and to modify provisions
               relating to porches, principal facades, garages,
               driveways and other standards, and to amend
               procedures for waivers and appeals. (AMENDED, 
               7-0; ADOPTED AS AMENDED, 7-0; A-83068)
               Attachment (76K)
               Fact Sheet (561K)			

11)  04R-241   Special Permit 04035 - Application of Chris Kodad
               and Believer's Fellowship Church to develop
               Andrea's Court Community Unit Plan consisting of
               32 townhouse units and a church, with requested
               waivers to eliminate the preliminary plat process,
               detention/retention storage for storm water,
               sidewalks on both sides of the private roadway,
               minimum lot area, cul-de-sac geometry, and the
               required yard setbacks, on property generally
               located at 40th and Superior Streets. (10/18/04
               - Voted to Reconsider 10/25/04) (10/25/04 -
               To have Public Hearing & Action 11/1/04)
               (SUBSTITUTE RESOLUTION ACCEPTED, 7-0; MTA#1, 
               7-0; MTA#2, 7-0; SUBSTITUTE RESOLUTION ADOPTED, 
               5-2, DISSENTING: COOK, WERNER; A-83069)

                     - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS 

12)            Setting the hearing date of Monday, November 15,
               2004 at 1:30 pm for a Manager Application for James
               C. Kelsey for B & R Stores Inc dba Russ's B & R IGA 
               located at 130 North 66th Street. (ADOPTED, 7-0; 
               A-83070)


13) MISCELLANEOUS REFERRALS
                    
               Clerk's letter and Mayor's approval of Ordinances and 
               Resolutions passed by the City Council on October 25, 2004.  
               (PLACED ON FILE)

               THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 04071 - Application of Planning 
                       Director, to strike Sections 27.11.030(a), 
                       27.11.040(s), 27.13.030(a)4, 27.13.040(s), 
                       27.15.030(a), 27.15.040(v), 27.16.030(a)4, 
                       27.16.040(v), 27.17.030(a)4, 27.17.040(t), 
                       27.19.030(a)3, 27.19.040, 27.21.030(a)3, 
                       27.21.040(q), 27.23.030(a)3, 27.23.040(p), 
                       Special Permit 27.63.520 Permitted Special Use; 
                       Churches; increased lot coverage of the Lincoln 
                       Municipal Code, to strike sections dealing with 
                       lot coverage for churches. 
               Change of Zone No. 040472 - Application of Planning 
                       Director, to amend Section 27.63 of the Lincoln 
                       Municipal Code, for appeal procedures to the 
                       City Council. 
               Change of Zone No. 04073 - Application of Mark Hunzeker, 
                       from P Public Use District to I-1 Industrial 
                       District, on property located at N. 33rd Street 
                       and Superior Street. 
               Use Permit No. 04003 - Application of Olsson Associates, 
                       to waive the sign ordinance requiring on-premise 
                       grounds signs for each free standing pad site, 
                       internal side yard setbacks, the preliminary plat 
                       process, and all parking lots to encroach the 
                       external front yard setback, on property located 
                       at NW 48th Street and West Huntington Avenue. 
               Use Permit No. 04004 - Application of Highlands Townhomes LLC, 
                       for 94 dwelling units, with requests to waive the 
                       preliminary plat process and sanitary sewer, on 
                       property located at NW 13th Street and Fletcher 
                       Avenue. 
               Use Permit No. 04005 - Application of Brain D. Carstens 
                       on behalf of RLM LLC, for 38 single family attached 
                       units and two 5,000 square foot office buildings, 
                       with requests to waive rear and side yard setbacks, 
                       lot depth to width ratio, required frontage, and 
                       sanitary sewer, on property located at NW 1st and 
                       W. Barons Road. 


REPORTS OF CITY OFFICERS

14)             Report from City Treasurer Telecommunications Occupation 
                Tax for the month of July through September, 2004: Voice 
                Stream PCSI, Ionex Communications North Inc, Comtech 21, 
                Z-Tel Comm; September, 2004: NOS Comm, MCI World Com, 
                Globalcom Inc, Tri-M Comm, LDMI Telecomm, Association 
                Administrators, Zone Telecom, ATT Wireless, Telecorp 
                Comm, Nextel Partners, Lightyear Network Solutions, GTC 
                Telecom, Acceris Comm, Touch 1 Comm, D&D Comm, Affinity 
                Network, Sprint Spectrum, and AT&T Comm of Midwest. 
                (PLACED ON FILE)

15)             Report from City Treasurer of franchise tax from Aquila 
                for the month of September, 2004. (PLACED ON FILE)

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 16 THRU 20 HAD 1ST READING)

16)  04-166     Vacation No. 03023 - Vacating the north 10 feet of
                Q Street right-of-way adjacent to Lots 7, 8, and
                9, Block 30, Original Plat of Lincoln, generally
                located at 8th and Q Streets.
                Fact Sheet (1526K)
								
17)  04-201     Change of Zone 04057 - Application of Hoegemeyer
                Palmer Construction for a change of zone from AG
                Agricultural District to R-3 Residential District
                on property generally located on the east side of
                S. 84th Street, south of Kathy Lane. (In
                connection w/04R-290) (Request for
                2nd & 3rd Reading on 11/8/04)
                Fact Sheet (669K)

18)  04R-290    Special Permit 04042 - Application of Hoegemeyer
                Palmer Construction to develop Lattimer's Addition
                Community Unit Plan for 13 single family dwelling
                units, with requested waivers to the preliminary
                plat process and the recreation plan requirement,
                on property generally located on the east side of
                S. 84th Street, south of Kathy Lane. (In
                connection w/04-201) (Request for Action 
                on 11/8/04)
                Fact Sheet (867K)

19)  04-202     Amending the pay schedules of employees whose
                classifications are assigned to the pay range
                which is prefixed by the letter "M" by creating
                the job classification of "Utilities Security
                Manager."
                Fact Sheet (49K)
                Attachment (100K)
								
20)  04-203     Amending the pay schedules of employees whose
                classifications are assigned to the pay range
                which is prefixed by the letter "A" by changing
                the job classification title "Assistant
                Superintendent of Equipment Management" to
                "Assistant Superintendent of Fleet Services" and
                "Superintendent of Equipment Management" to
                "Superintendent of Fleet Services"; and amending
                the pay schedules of employees whose
                classifications are assigned to the pay range
                which is prefixed by the letter "C" by creating
                the job classification of "Visitor Services
                Coordinator" and deleting the job classification
                of "Meter Reader III."
                Fact Sheet (50K)
                Attachment (68K)


ORDINANCES - 3RD READING

21)  04-196     Vacation No. 04003 - Vacating the east-west alley
                between 21st and 22nd Street, north of Vine
                Street, and vacating that portion of 21st Street
                between Vine and vacated W Street that has not
                already been vacated or purchased by the Joint
                Antelope Valley Authority, generally located at
                21st and Vine Streets. (PASSED, 7-0; #18463)
                Fact Sheet (159K)

22)  04-197     Authorizing the issuance of not to exceed
                $45,000,000 City of Lincoln, Nebraska Water
                Revenue Bonds. (Substitute Ordinance)
                (SUBSTITUTE ORDINANCE ACCEPTED, 7-0; SUBSTITUTE 
                ORDINANCE PASSED, 7-0; #18464)
                Substitute Ordinance (62K)
								

PENDING LIST - DATE CERTAIN - NONE

PENDING LIST (EXTENDED ONE WEEK)

23)  00-65      Change of Zone 3196 - App. of the Interim
                Planning Director for a change from B-1 Local 
                Business & R-3 Residential to B-2 Planned 
                Neighborhood Business & from R-3 Residential 
                to AGR Agricultural Residential, on property 
                generally located at S. Coddington Ave. &
                W. Van Dorn St. (In connection w/00-67) 
                (4/17/00 - Placed on Pending) (3/5/01 - 
                Placed on Pending)
                Fact Sheet (1.4M)

24)  00-67      Change of Zone 3247 - App. of the Interim
                Planning Director for a change from AGR 
                Agricultural Residential & R-3 Residential 
                to B-2 Planned Neighborhood Business,
                on property generally located on the southwest
                corner of S. Coddington Ave. & W. Van Dorn St.
                (In connection w/00-65) (4/17/00 - Placed 
                on Pending) (3/5/01 - Placed on Pending)
                Fact Sheet (949K)

25)  01-39      Vacating the south 40' of X St. adjacent to
                Lot 1, Block 6, North Lincoln Add., generally 
                located at N. 9th & X Sts. (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 (1.1M)

26)  02-31      Vacating a 5' x 30'6" portion of North 7th
                Street adjacent to the south 37' of Lot 9, 
                Block 32, Original Plat of Lincoln, generally 
                located at N. 7th and P Streets. (3/18/02 - 
                Public Hearing Cont'd. 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)

27)  04-188     Annexation 03001 - Amending the Lincoln Corporate
                Limits Map by annexing approximately 214 acres of
                property generally located at North 56th Street
                and Arbor Road. (In connection 04R-273, 04-189,
                04R-272) (10/11/04 - Placed on Pending
                Indefinitely)
                 Fact Sheet (237K)

28)  04R-273    Approving the North Bank Junction Annexation and
                Zoning Agreement between the City and Roger &
                Eldonna Schwisow and Hartland Homes, Inc. relating
                to the annexation of approximately 214 acres or
                property generally located at North 56th Street
                and Arbor Road. (In connection w/04-188, 
                04-189, 04R-272) (10/11/04 - Placed on Pending
                Indefinitely)
                Attachment (527K)

29)  04-189     Change of Zone 3398 - Application of Hartland
                Homes, Inc., Rodger & Eldonna Schwisow for a
                change of zone from AG Agricultural to R-3
                Residential for approximately 123 acres and H-4
                General Commercial for approximately 21 acres on
                property generally located at North 56th Street
                and Arbor Road. (In connection w/04-188, 
                04R-273, 04R-272) (10/11/04 - Placed on 
                Pending Indefinitely)
                Fact Sheet (216K)
  
30)  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 and side
                yard setback requirements on property generally
                located at North 56th Street and Arbor Road.
                (In connection w/04-188, 04R-273, 04R-189, 
                04R-272) (10/11/04 - Placed on Pending
                Indefinitely)
                Fact Sheet (535K)
 
31)  04-186     Change of Zone 04045B - Amending Chapter
                27.63 of the Lincoln Municipal Code relating
                to special permits by amending Sections
                27.63.010, 27.63.070, 27.63.120, 27.63.130,
                27.63.170, 27.63.210, 27.63.280, 27.63.400,
                27.63.420, 27.63.430, 27.63.470, 27.63.530,
                27.63.570, 27.63.580, and 27.63.590 to modify
                provisions within said sections to allow
                special permits to be approved by the
                Planning Commission rather than the City
                Council. (In connection w/04-185, 04-187, 
                04R-269) (10/11/04 - Placed on Pending 
                Indefinitely)
                Fact Sheet (19K)

32)  04-187     Change of Zone 04045C - Amending Chapter 27.65 of
                the Lincoln Municipal Code relating to community
                unit plans by amending Section 27.65.020 to amend
                the general requirements to grant  the Planning
                Commission authority to approve the special permit
                and to allow the plan to propose modifications to
                the height and area regulations of the district in
                which the community unit plan is located; by
                amending Section 27.65.030 to eliminate references
                to City Council approval of community unit plans,
                establishing standards for the Planning Commission
                to follow in approving or denying an application
                for a community unit plan, and providing for an
                appeal from the Planning Commission's decision to
                the City Council by an aggrieved party; by
                repealing Section 27.65.040 to eliminate City
                Council final action on the application; by
                amending Section 27.65.050 to revise provisions
                regarding development of the community unit plan
                after its approval; by amending Section 27.65.060
                to grant the Planning Director limited authority
                to approve minor increases in the number of
                dwelling units and to approve minor internal
                changes to the applicable setback, yard or height
                requirements within a community unit plan; by
                amending Section 27.65.070 to delete the need for
                the City Clerk to sign a certificate showing
                approval or disapproval by the City Council; by
                amending Section 27.65.090 to allow the Planning
                Commission to modify parking requirements under
                specified conditions. (In connection w/04-185,
                04-186, 04R-269) (10/11/04 - Placed on
                Pending Indefinitely)
                Fact Sheet (19K)

33)  04R-269   Misc. No. 04009 - Amending Chapter 3.35 of the
               City of Lincoln Design Standards for Community
               Unit Plans to simplify the density calculation and
               amend the cluster density. (In connection w/ 
               04-185, 04-186, 04-187) (10/4/04 - Action Delayed 
               1 wk to 10/11/04) (10/11/04 - Placed on Pending 
               Indefinitely)
               Fact Sheet (16K)
               Attachement (355K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, NOVEMBER 8, 2004 AT 1:30 P.M.:
                                              (APPROVED, 7-0)

34)  04R-291   Approving the Best Management Practice Assessment
               Phase III by UNL/UNO Civil Engineering Department
               to monitor urban water quality.
               Fact Sheet (27K)
               Attachment (435K)
							 
35)  04R-292   Appointing and reappointing Connie L. Schmidt and
               Meredith Decory to the Lincoln-Lancaster Women's
               Commission to fill unexpired terms expiring
               January 1, 2005 and to continue with two-year
               terms expiring January 1, 2007.


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.


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 (11/3/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (11/08/04).


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.


ADJOURNMENT 3:28 P.M.  

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City Council