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Formal Agenda/Action

 

                ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                         MONDAY, NOVEMBER 8, 2004 AT 1:30 P.M.
                   
                              ALL MEMBERS PRESENT  

         MAYOR'S AWARD OF EXCELLENCE FOR OCTOBER, 2004 WAS SUSAN STEIDER 
	         OF THE LIBRARY DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY
	         AND CUSTOMER RELATIONS.           
      
                                
                                
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE

               
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 1 THRU 5
        	 HAD 2ND READING. SEE ITEM #3)

 1)  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)
							 
 2)  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)
							  
 3)  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)
               (ACTION DELAYED FOR ONE WEEK TO 11/15/04, 7-0)
							 
 4)  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)
								
 5)  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)


PUBLIC HEARING - RESOLUTIONS

 6)  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)
               (ADOPTED, 7-0; A-83071)
							 
 7)  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.
               (ADOPTED, 7-0; A-83072)

                        - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS 


 8)    MISCELLANEOUS REFERRALS
               
               Clerk's letter and Mayor's approval of Ordinances 
               And Resolutions passed by Council on November 1, 2004.
               (PLACED ON FILE)

i              Investment of Funds from October 18 thru October 29, 2004. 
               (ADOPTED, 7-0; A-83073)

               Report from City Treasurer of franchise fees for the
               quarter ending September 30, 2004 from Time Warner Cable. 
               (PLACED ON FILE)

               Report from City Treasurer of Telecommunications Occupation
               Tax for the month of September, 2004: Nebraska Technology &
               Telecomm., TracFone, Alltel Nebraska, Alltel Comm. of Nebraska,
               Alltel Systems of the Midwest, Southwestern Bell, Norston
               Network Services, C III Comm. Operations, Global Crossing, 
               Primus, Virgin Mobile USA, UCN, USCOC of Greater Iowa, OnStar,
               Business Telecom, Trans National, Netifice, AT&T Comm. of Midwest, 
               Telenational, Working Assets Funding, Intellicall Operator Services, 
               XO Long Distance, IDT Corp., Enhanced Comm., Verizon Select Services,
               Who's Calling, Verizon, PNG, Cricket, ACN, Opex, Guaranteed Phone, 
               McLeodUSA, Fast Phones of Nebraska, Cellular One, Voicecom, Qwest, 
               Winstar, Cincinnati Bell, Network Billing, Sprint. (PLACED ON FILE)

 		   Lincoln Water & Wastewater System Recapitulation of Daily 
               Cash Receipts for October, 2004. (PLACED ON FILE)


REPORTS OF CITY OFFICERS

9)             Setting the Hearing date of Monday, December
               20, 2004, at 1:30 p.m. for the assessment of
               weed removal costs incurred for the period of
               January 1 through December 31, 2004. (APPROVED, 7-0)

10)            Assessing special taxes for the costs of the
               improvements in the  Downtown Business Improvement
               District, the Core Business Improvement District
               Overlay and the Downtown Maintenance District.
               (ADOPTED, 7-0; A-83074)


                         - END CONSENT AGENDA -


ORDINANCES - 1ST READING  (ITEMS 11 THRU 13 HAD 1ST READING) 

11)  04-204    Amending Ordinance 18287 to correct the legal
               description for Change of Zone 3425 from P Public
               Use to O-3 Office Park on property generally
               located adjacent to the Highlands Golf Course at
               N.W. 12th Street, north of W. Highlands Blvd.
               (In connection w/04-206)
               Fact Sheet (242K)
							 
12)  04-206    Amending Ordinance 18286 to correct the legal
               description of the property declared as surplus on
               property generally located adjacent to the
               Highlands Golf Course at N.W. 12th Street, north
               of W. Highlands Blvd. (In connection w/04-
               204)

13)  04-205    Amending Chapter 8.32 of the Lincoln Municipal
               Code to incorporate the term special waste into
               the definition of refuse, update definitions, and
               clarify who must be licensed to haul certain waste
               to better reflect the intent of the code.
               Fact Sheet (15K)							 

ORDINANCES - 3RD READING

14)  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)
               (PASSED, 7-0; #18465)
							 
15)  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.  (PASSED, 7-0; #18466)


PENDING LIST - DATE CERTAIN - NONE      

PENDING LIST     (EXTENDED ONE WEEK)

16)  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)
							 
17)  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)
							 
18)  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)
							 
19)  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)
							   
20)  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)
							 
21)  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)
							 
22)  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)
							 
23)  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)
							 
24)  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)
							 
25)  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)
							 
26)  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 15, 2004 AT 1:30 P.M.:   
		    			           (APPROVED, 7-0)

27)  04R-284   Hearing on D&A Properties, LLC's Notice of Appeal
               appealing from the impact fee determination of
               Arterial Street Impact Fees for a child care
               facility at 8310 Wendall Way and requesting a
               waiver of said fees.
               Approved (10K)
               Denied (11K)
               Attachment (12K)  													 
               Fact Sheet (140K)
							  							 
28)  04R-293   Accepting the report of new and pending claims
               against the  City and approving disposition of
               claims set forth therein for the period of October
               15 - 31, 2004.
               Attachment (29K)
               Fact Sheet (13K)
							 
29)  04R-294   Assessing the demolition and utility abandonment
               expense incurred by the City against the property
               commonly known as 1819 Washington Street.
               Attachemnt (104K)
               Fact Sheet (45K)
							 
30)  04R-295   Amending the City's resolution on local government
               miscellaneous expenditures to clarify the
               reimbursement of meal expenses by the City for
               individuals traveling on City business with an
               overnight stay; and to update the reference to
               City Auditor as City Controller.
               Fact Sheet (126K)
							 
31)  04R-296   Approving the revised Lincoln-Lancaster County Air
               Pollution Control Regulations and Standards.
               Attachment (710K)
               Fact Sheet (50K)
							 							 
32)  04R-298   Use Permit No. 124A - Application of NEBCO, Inc.
               to waive the internal side yard setbacks in the O-3 
               Office Park District on property generally located
               at Highway 34 and Fallbrook Blvd.
               Fact Sheet (225K)
							 
33)  04R-299   Special Permit 1813A - Amending The Preserve on
               Antelope Creek Community Unit Plan to waive the
               rear setback requirements for Lots 20 - 42, Block
               1, adjacent to Antelope Creek, on property
               generally located at S. 80th Street and Pioneers Blvd.
               Fact Sheet (364K)
							 
34)  04R-300   Approving an Agreement between the City, Lower
               Platte South NRD, and the University of Nebraska
               for channel stabilization on Dead Man's Run and its tributary. 
               Attachment (1859K)
               Fact Sheet (57K)
               

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 (11/10/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (11/15/04).


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   3:45 P.M.  

                                 

                               ***
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      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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 The City Council Agenda and Action Sheet may be accessed on the
Internet at:
                          lincoln.ne.gov

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City Council