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Formal Agenda/Action

 

        ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
                 MONDAY, NOVEMBER 29, 2004 AT 5:30 P.M.

                  ALL MEMBERS PRESENT EXCEPT FRIENDT            
                                
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Gateau Enterprises LLC, dba Green
               Gateau Caf‚, to expand their presently licensed
               premises by the addition of an outdoor area
               measuring approximately 33 feet by 10 feet to the
               west of the property located at 330 S. 10th
               Street. (ADOPTED, 5-0; ABSENT: COOK, FRIENDT; 
               A-83089)

2)             Manager application of Renae Stroughter for
               Ernie's FB, LLC, dba Ernie's Fast Break, at 7000 
               "O" Street. (ADOPTED, 6-0; ABSENT: FRIENDT; 
               A-83090)
          
     
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 3 & 4 HAD 2ND READING)

3)   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)
							 
4)   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)


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. (11/15/04 - Public Hearing
               & Action Con't. To 11/29/04) (ADOPTED FOR DENIAL, 
               6-0; ABSENT: FRIENDT; A-83091)
               Approved (10K)
               Denial (11K)
               Attachment (12K)  													 
               Fact Sheet (140K)
							 
6)   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, 5-1; DISSENTING: CAMP; ABSENT: FRIENDT; 
               A-83092) 
               Approval (10K)
               Denial (11K)
							 
7)   04R-294   Assessing the demolition and utility abandonment
               expense incurred by the City against the property
               commonly known as 1819 Washington Street.
               (Public Hearing Con't. to 11/29/04) (LOST, 0-6; 
               ABSENT: FRIENDT; #38-4492)
               Attachemnt (104K)
               Fact Sheet (45K)
							 
8)   04R-301   Hearing on the Lincoln Electric System Annual
               Budget for 2005. (Action Date: 12/13/04)
               (CONFIRMED ACTION DATE OF 12/13/04)
               Fact Sheet (47K)
							 
9)   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. (MTA#1, 5-1, 
               DISSENTING: WERNER; ABSENT: FRIENDT; MTA#2, 4-2, 
               DISSENTING: MCROY, WERNER; ABSENT: FRIENDT; ADOPTED 
               AS AMENDED, 6-0; ABSENT: FRIENDT; A-83093)
               Fact Sheet (1376K)
								 
10)  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. (ADOPTED, 6-0; ABSENT: FRIENDT; 
               A-83094)
               Fact Sheet (224K)
							 
                        - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

11)            Report from City Treasurer of City Cash on hand at
               the close of business October 29, 2004. (PLACED ON 
               FILE)           

12)            Investment of Funds for the week of November 1
               thru November 12, 2004. (ADOPTED, 6-0; ABSENT: 
               FRIENDT; A-83095)

13)            Investment of Funds for the week of November 15
               thru November 19, 2004. (ADOPTED, 6-0; ABSENT: 
               FRIENDT; A-83096)

14)            Setting the hearing date of Monday, December 13,
               2004 at 1:30 pm for Application of Alley Inc dba 
               The Alley for a Class C Liquor License located 
               at 1031 "M" Street. (ADOPTED, 6-0; ABSENT: 
               FRIENDT; A-83097)

15)            Setting the hearing date of Monday, December 13,
               2004 at 1:30 pm for a Manager Application for 
               Paul R. Tuttle of Bwitched Two Inc dba Bison 
               Witches Bar & Deli located at 1320 P Street. 
               (ADOPTED, 6-0; ABSENT: FRIENDT; A-83098)

16)            Setting the hearing date of Monday, December 13,
               2004 at 1:30 pm for Application of A & R Food 
               Company dba El Sitio for a Class I Liquor License 
               located at 2785 S 17th Street. (ADOPTED, 6-0; 
               ABSENT: FRIENDT; A-83099)

17)    MISCELLANEOUS REFERRALS

               Report from the City Treasurer of Franchise tax 
               from Aquila for the month of October, 2004. 
               (PLACED ON FILE)		

               THE FOLLOWING ITEMS ARE TO REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone 04070 - Application submitted by 
               Joe Hausmann, from AG Agricultural District to 
               R-3 Residential District, on property located 
               at SW 40th Street and West A Street. 
               Change of Zone 04076 - Application submitted 
               by Pages LLC, for a landmark designation, on property 
               located at 1941 K Street. 
               Change of Zone 04078 - Application submitted by the 
               Rape/Spouse Abuse Crisis Center, for a landmark 
               designation, on property located at 2541 N Street. 
               Special Permit 04061 - Application submitted by 
               Sandstone Construction LLC, for an early childhood 
               care facility, on property located at 2605 Fairfield 
               Street.
               Special Permit 04062 - Application submitted by Rape/
               Spouse Abuse Crisis Center, for non-profit office use, 
               on property located at 2541 N Street. 
               Special Permit 04063 - Application submitted by Pages 
               LLC, for office and residential use, on property 
               located at 1941 K Street.
               Special Permit 04064 - Application submitted by Chipotle 
               Mexican Grill, for the authority to sell alcoholic 
               beverages for consumption on the premises, on property 
               located at S. 29th Street and Pine Lake Road. 
               Special Permit 04065 - Application submitted by Roger 
               Patton, for the authority to sell alcoholic beverages 
               for consumption on the premises, on property located 
               at 4680 Leighton Avenue. 


REPORTS OF CITY OFFICERS

18)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on 
               November 15, 2004. (PLACED ON FILE)

19)            Report of UNL Microbiologist for water testing for
               the month of October, 2004. (PLACED ON FILE)

20)            Request of Public Works to set a Public Hearing
               date of Monday, December 20, 2004, at 1:30 p.m.
               and place on the formal City Council Agenda the
               following:   (APPROVED, 6-0; ABSENT: FRIENDT)
                    04-211    To provide authority to create a 6-
                              inch water main in South 14th Street, 
                              Garfield to Sumner and assess the costs 
                              thereof against the benefitted
                              properties.

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 21 THRU 27 HAD 1ST READING) 

21)  04-209    Approving three five-year/5,000 hour lease
               agreements between the City and Washington County
               Bank for three articulated four-wheel drive wheel
               loaders for use by the Public Works & Utilities
               Street Maintenance Operations in construction,
               maintenance, and snow removal projects.
               Attachment (272K)							 
               Fact Sheet (57K)
							 
22)  04-210    Approving a Sublease Agreement between the City of
               Lincoln and Dynamic Educational Systems, Inc. for
               providing job training and employment services
               under the Workforce Investment Act.
               Attachment (185K)
               Fact Sheet (39K)
							 							 
23)  04-212    COZ 04071 - Amending Title 27 of the Lincoln
               Municipal Code to remove the condition that the
               maximum lot coverage for churches shall not exceed
               15% of the lot area in the R-1 through R-7
               Residential Districts except by special permit.
               Fact Sheet (16K)
							 
24)  04-213    Change of Zone 04073 - Application of Whitehead
               Oil Company for a change of zone from P Public Use
               to I-1 Industrial on property generally located
               northwest of the intersection of North 33rd Street
               and Superior Street.
               Fact Sheet (230K)
							 
25)  04-214    Amending Chapter 2.78 of the Lincoln Municipal
               Code to amend Management Compensation Plan
               Established, Management Compensation Plan Annual
               Leave, Compensation Plan Variable Merit Pay Plan
               DSS & "M" Pay Ranges, and Management Compensation
               Plan Sick Leave in conjunction with the pay plan
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter "M".

26)  04-215    Amending Chapter 2.76 of the Lincoln Municipal
               Code to delete references and provisions relating
               to pay ranges prefixed by the letter "M" and to
               add leave of absence without pay provisions
               relating to a regular, classified employee who
               leaves his or her position to accept appointment
               to a position with a pay range prefixed by "DSS"
               and the status of that employee should he or she
               return to the classified service.

27)  04-216    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 and hourly
               pay range equivalents.


ORDINANCES - 3RD READING

28)  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)(PLACED ON PENDING FOR 1 WEEK TO 12/6/04, 
               6-0; ABSENT: FRIENDT)
               Fact Sheet (1526K)							 
							 
29)  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) (PASSED, 6-0; ABSENT: 
               FRIENDT, #18470)
               Fact Sheet (242K)
							 
30)  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)
               (PASSED, 6-0; ABSENT: FRIENDT, #18471)

31)  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. (PASSED, 
               6-0; ABSENT: FRIENDT, #18472)
               Fact Sheet (15K)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED ONE WEEK; SEE ITEMS 40, 41, 42)

32)  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)
							 
33)  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)
							 
34)  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)
							 
35)  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)
							  
36)  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)
							 
37)  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)
							 
38)  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)
							 
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 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)
							  
40)   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) (Request to remove from Pending
               to have Public Hearing 12/13/04) (REMOVED FROM 
               PENDING TO HAVE PUB. HEARING ON 12/13/04, 6-0; 
               ABSENT: FRIENDT)
               Fact Sheet (19K)
							 
41)  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)
               (Request to remove from Pending to have Public
               Hearing 12/13/04) (REMOVED FROM PENDING TO HAVE 
               PUB. HEARING ON 12/13/04, 6-0; ABSENT: FRIENDT)
               Fact Sheet (19K)
							 
42)  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) (Request to remove from Pending
               to have Public Hearing 12/13/04)(REMOVED FROM 
               PENDING TO HAVE PUB. HEARING ON 12/13/04, 6-0; 
               ABSENT: FRIENDT)
               Fact Sheet (16K)
               Attachement (355K)  

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, DECEMBER 6, 2004 AT 1:30 P.M.:
                             (APPROVED, 6-0; ABSENT: FRIENDT)

43)  04R-304   Reappointing Maisun K. Allahiq, Meredith Decory,
               and Linda Willard to the Lincoln Commission on
               Human Rights for a three-year term expiring
               December 31, 2007.

44)  04R-305   Approving the Joint Budget Committee's 
               recommendation for the expenditure of the budgeted
               $20,000.00 to allocate $10,000.00 to Lincoln
               Action Program for job training, placement, and
               retention services, and $10,000.00 to Lincoln
               Literacy Council to provide ESL training.

45)  04R-306   Approving Supplemental Agreement No. 1 between the
               City and the Nebraska Dept. of Roads for funding
               of the building of an interchange at the
               intersection of Highway 77 and Capital Parkway
               East (Project No. S-77-2(1021), City No. 701902.
               Attachment (36K)							 
               Fact Sheet (58K)
							 
46)  04R-307   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the federal funding,
               through the Bridge Replacement Funds, for bridge
               rehabilitation of West Adams Street Viaduct at
               Aviation Road (Project No. BR-5248(4), City No.
               701375.
               Attachment (459K)						
               Fact Sheet (59K)
							 
47)  04R-308   Appointing Ken Svoboda to the District Energy
               Corporation for a two-year term expiring 
               December 31, 2006.

48)  04R-309   Appointing Terry Werner to the Community
               Development Task Force to fill an unexpired term
               expiring August 31, 2005.

49)  04R-310   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of
               November 1 - 15, 2004.
               Attachment (30K)
               Fact Sheet (30K)
							 							 
50)  04R-311   Releasing a conservation easement granted to the
               City by TMCO Investments over the west 32 feet of
               Lot 3, Block 142, Original Plat, Lincoln.

51)  04R-312   Approving the use of public right-of-way for
               installation of eight pole-mounted security
               cameras around the four square block of the
               Nebraska State Capital Building.
               Fact Sheet  (56K)
							 
52)  04R-313   Assessing the costs incurred by the City for the
               boarding up of the dangerous building at 2227
               Dudley Street against the benefitted property.
               Attachment (72K)
               Fact Sheet (35K)
							 							 
53)  04R-314   Use Permit No. 150B - Application of Eiger Corp.
               to waive the maximum allowed building height in
               the B-5 Planned Regional Business District from 40
               feet to 60 feet in the Appian Way Phase II
               commercial and retail development generally
               located at S. 87th Street and Highway 2.
               Fact Sheet (1459K)
							 
54)  04R-315   Misc. No. 04016 - Adopting a Policy on Temporary
               Pump Stations & Force Mains to address
               circumstances in which the City may allow sanitary
               sewage to be handled on a temporary basis using
               private pump stations and force mains.
               Fact Sheet (118K)
							 
55)  04R-316   Declaring the official intent of the City to
               reimburse certain expenses in connection with the
               acquisition, purchase and installation of light
               poles from the proceeds of the City of Lincoln,
               Nebraska Certificates of Participation.


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 (12/8/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (12/13/04).


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 10:08 P.M.  

                                 

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Internet at:           lincoln.ne.gov
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City Council