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Formal Agenda/Action

 

          ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
                MONDAY, NOVEMBER 15, 2004 AT 1:30 P.M.
                         
           THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 22ND 
                     DUE TO THANKSGIVING HOLIDAY
    
             MAYOR'S PROCLAMATION - "HIRE A VETERAN MONTH"
                                
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of James C. Kelsey for B & R
               Stores Inc. dba Russ's B & R IGA at 130 North 66th
               Street. (ADOPTED, 7-0; A-83075)

               
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 2 THRU 4 HAD 2ND READING)

2)   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)
							  
3)   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)

4)   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)	
							 

PUBLIC HEARING - RESOLUTIONS

5)   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. (PUB. HEARING & ACTION 
               DELAYED TO 11/29/04, 7-0)
               Approved (10K)
               Denial (11K)
               Attachment (12K)  													 
               Fact Sheet (140K)
							 
6)   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. (ADOPTED, 7-0; A-83076)
               Attachment (29K)
               Fact Sheet (13K)
							 
7)   04R-294   Assessing the demolition and utility abandonment
               expense incurred by the City against the property
               commonly known as 1819 Washington Street. 
               (Request to con't. P.H. to 11/29/04)(PUB. HEARING 
               & ACTION DELAYED TO 11/29/04, 7-0)
               Attachemnt (104K)
               Fact Sheet (45K)
							 
8)   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. (ADOPTED, 7-0; 
               A-83077)
               Fact Sheet (126K)
							 
9)   04R-296   Approving the revised Lincoln-Lancaster County Air
               Pollution Control Regulations and Standards.
               (ADOPTED, 7-0; A-83078)
               Attachment (710K)
               Fact Sheet (50K)
							 
10)  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. (ADOPTED, 
               7-0; A-83079)
               Fact Sheet (225K)
							 
11)  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. (ADOPTED, 7-0; A-83080)
               Fact Sheet (364K)
							 
12)  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. (ADOPTED, 7-0; A-83081)
               Attachment (1859K)
               Fact Sheet (57K)
							  
                         - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE
               
13)    MISCELLANEOUS REFERRALS
     
               THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT
               Special Permit No. 228K - Application submitted by Lloyd 
               and Donna Hinkley, for Capitol Beach West Community Unit 
               Plan, to amend the front yard setback on property located 
               at 302 W. Lakeshore Drive. 
               Special Permit No. 04060 - Application submitted by Cheryl 
               Dubas, dba Little Munchkinland, for an early childhood 
               care facility, with request to waive the requirement to 
               be located on an arterial street on property located at 
               N. 24th Street and Superior Street. 

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

               Setting the hearing date of Monday, December 6, 2004 at 
               1:30 P.M. for J J Kat Inc dba Brewsky's Food & Spirits 
               for an addition to their licensed premise for a Sidewalk 
               Café approximately 36 feet by 15 feet located at 2840 
               South 70th Street. (ADOPTED, 7-0; A-83082)


REPORTS OF CITY OFFICERS

14)            Setting the hearing date of Monday, December 13, 2004, 
               at 10:00 A.M. on the Board of Equalization Special 
               Assessment Group I. (ADOPTED, 7-0; A-83083)

15)            Setting the hearing date of Monday, November 29, 2004 
               at 5:30 P.M. for a Manager Application of Renae Stroughter 
               for Ernie's FB LLC dba Ernie's Fast Break located at 7000 
               "O" Street. (ADOPTED, 7-0; A-83084)

16)            Setting the hearing date of Monday, November 29, 2004 at 
               5:30 P.M. for the Application of Gateau Enterprises LLC 
               dba Green Gateau Caf‚ for an addition to their licensed 
               premise for an outdoor cafe‚ approximately 33 feet by 
               10 feet on the west side of the building located at 330 
               South 10th Street. (ADOPTED, 7-0; A-83085)

17)            Setting the hearing date of Monday, December 6, 2004 at 
               1:30 P.M. for the Application of Alfredo Barrera dba Ay 
               Chihuahua for a liquor catering license located at 2050 
               Cornhusker Highway. (ADOPTED, 7-0; A-83086)

18)            Setting the hearing date of Monday, December 6, 2004 at 
               1:30 P.M. for a  Manager Application of Jeffre J. Mann 
               for Pinelake II LLC dba The C-Station located at 1401 
               Pine Lake Road. (ADOPTED, 7-0; A-83087)

                          - END CONSENT AGENDA -


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

19)  04-207    Approving a transfer of appropriations and cash
               between certain capital improvement projects
               within the Sanitary Sewer Construction Fund, Water
               Construction Fund, Landfill Revenue Fund, and
               Street Construction/ Vehicle Tax Funds, within the
               Public Works & Utilities Department.
               Fact Sheet (52K)
							 
20)  04-208    Vacation 04011 - Vacating the south 6.5 feet of
               the P Street right-of-way adjacent to the former
               Salvation Army building at 8th and P Street and
               the west 15.5 feet of N. 8th Street adjacent to
               the same building complex.
               Fact Sheet (386K)
							 

ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS

21)  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. (ACTION DELAYED 
               TO 11/29/04, 4-3; DISSENTING: FRIENDT, SVOBODA, 
               WERNER)
               Fact Sheet (1526K)
							 
22)  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. (PASSED, 7-0; 
               #18467)
               (In connection w/04R-290)
               Fact Sheet (669K)
							 
23)  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) (11/8/04 - Action
               Delayed 1 wk to 11/15/04)(AMENDED, 7-0; ADOPTED AS 
               AMENDED, 7-0; A-83088)
               Fact Sheet (867K)
							 
24)  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." (PASSED, 7-0; #18468)
               Fact Sheet (49K)
               Attachment (100K)
							 
25)  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." (PASSED, 7-0; #18469)
               Fact Sheet (50K)
               Attachment (68K)
							 

PENDING LIST - DATE CERTAIN  - NONE

PENDING LIST  (EXTENDED ONE WEEK)

26)  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)
							 
27)  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)
							  
28)  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)
							 
29)  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)
							 
30)  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)
							 
31)  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)
							 
32)  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)
							 
33)  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)
							 
34)   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)
							 
35)  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)
							 
36)  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 29, 2004 AT 5:30 P.M.:
                                               (APPROVED, 7-0)

37)  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.
               Approval (10K)
               Denial (11K)
							  							
38)  04R-301   Hearing on the Lincoln Electric System Annual
               Budget for 2005. (Action Date: 12/13/04)
               Fact Sheet (47K)
							 
39)  04R-302   Comp. Plan Conformance 04008 - Approving and
               adopting the Antelope Valley Redevelopment Plan in
               two adjacent areas being (1) north of Downtown,
               consisting of the North Bottoms neighborhood,
               generally bounded by Salt Creek on the north, by
               the BNSF Railroad tracks on the south, by Antelope
               Creek on the east and by Interstate I-180 on the
               west; and (2) east of Downtown, including all or
               portions of the Clinton, Malone/Hawley, Downtown,
               Near South and Woods Park neighborhoods, generally
               bounded by 17th Street on the west, 27th Street on
               the east, the BNSF Railroad tracks on the north,
               and D and E Streets on the south.
               Fact Sheet (1376K)
							  
40)  04R-303   Special Permit 1384E - Application of Michael and
               Chrisenda Smith to amend Marina Bay Community Unit
               Plan to reduce the rear yard setback from 22.5
               feet to 19 feet to allow an enclosed patio at 633
               Marina Bay Place.
               Fact Sheet (224K)
							 

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 (11/24/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (11/29/04).


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 3:00 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
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City Council