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Formal Agenda/Action

 

								
              ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                       MONDAY, MARCH 7,  2005 AT 1:30 P.M.
                         

PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND READING& ASSOCIATED RESOLUTIONS  (ITEMS 1 THRU 5 HAD 2ND READING)

 1)  05-24     Annexation 04010 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 24.33 acres of property
               generally located southeast of S.W. 40th
               Street and West A Street. (In
               connection w/05R-50, 05-25)
               Fact Sheet (408K)
							 
 2   05R-50    Approving an Annexation Agreement between the City
               and Janet H. Broer and Erich H. Broer outlining
               certain conditions and understandings with regards
               to the annexation of approximately 24.33 acres of
               property generally located southeast of S.W. 40th
               Street and West A Street. (In connection w/05-
               24, 05-25)
               Attachment (29K)
							 
 3)  05-25     Change of Zone 04070 - Application of Joey
               Hausmann for a change of zone from AGR
               Agricultural Residential District to R-3
               Residential District on property generally
               located southeast of S.W. 40th Street and
               West A Street. (In connection w/ 05-24,
               05R-50)
               Fact Sheet (420K)
							 							  
 4)  05-26     Change of Zone 05003 - Amending Title 27 of
               the Lincoln Municipal Code by adding a
               section to Chapter 27.71, Additional Height
               and Area Regulations, to require that all
               outdoor lighting be designed, installed and
               maintained in accordance with all applicable
               lighting design standards adopted by the City
               Council. (In connection w/05R-51)
               Fact Sheet (323K)
							 
 5)  05R-51    Miscellaneous  05001 - Amending the City of
               Lincoln Design Standards by adding a new
               chapter under Title 3 entitled Outdoor
               Lighting relating to light trespass from non-
               residential uses upon residential uses.
               (In connection w/05-26)
               Fact Sheet (323K)							 
               Attachment (9K)

PUBLIC HEARING - RESOLUTIONS

 6)  05R-44    Reappointing Barbara A. Ramsey and Jeri L. Brandt
               to the Lincoln-Lancaster Women's Commission for
               two-year terms expiring January 1, 2007 and March
               1, 2007, respectively.
                (ADOPTED, 7-0; A-83229)

7)   05R-49    Appointing Marcia Louise Malone, Lori Vidlak, and
               Leslie K. Doyle to the Lincoln-Lancaster Women's
               Commission for terms expiring March 1, 2006, March
               1, 2006, and January 1, 2007, respectively.
               Attachment (144K)
               (ADOPTED, 7-0; A-83230)
							 
8)   05R-48    Reappointing Robert Ripley and Bruce Helwig to the
               Historic Preservation Commission for a three-year
               term expiring April 15, 2008.
               (ADOPTED, 7-0; A-83231)

9)   05R-45    Approving a transfer of appropriations in the
               amount of $25,000.00 from Contingency,
               Miscellaneous Other Services and Charges, Account
               18001.5989 to General Expense, Miscellaneous Other
               Services and Charges, Account 18002.5989 for the
               payment of one-half of the amount due to the State
               Fair by April 1, 2005.
               Fact Sheet (37K)
               (ADOPTED, 7-0; A-83232)
							 
10)  05R-46    Approving a lease Agreement between the Lincoln-
               Lancaster County Health Department and the
               American National Red Cross for the lease of space
               from the Red Cross for storage of the Hazmat
               Vehicle for a period from January 1, 2005 through
               December 31, 2005.
               Fact Sheet (59K)
               Attachment (309K)
               (ADOPTED, 7-0; A-83233)
							  
11)  05R-47    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of 
               February 1 - 15, 2005.
               Fact Sheet (13K)				
          	 
               Attachment (33K)
               (AMENDED #1, 7-0; ADOPTED AS AMENDED, 7-0; A-83234)
							 
12)  05R-52    Waiver 05001 - Application of LICOR, Inc. to waive
               the requirement for the installation of sidewalks
               along Progressive Avenue and to waive the
               requirement for the installation of street trees
               along N. 48th Street, generally located at the
               southwest corner of N. 48th Street and Superior
               Street.
               Fact Sheet (235K)
               (ADOPTED, 6-1; WERNER DISSENTING; A-83235)
							 
                 - END OF PUBLIC HEARING -


CONSENT AGENDA:


PETITIONS & COMMUNICATIONS 

              Setting the Hearing Date of Monday, March 21, 2005
              at 1:30 p.m. for App. of DoughBoyz Inc. dba
              DoughBoyz Bistro/Scrumpy Jacks for a Class I
              liquor license at 5400 S. 56th Street,
              #185 & #195.   ADOPTED, 7-0; A-83236)


13)    MISCELLANEOUS REFERRALS
		
		  Clerk's letter and Mayor's approval of ordinances & resolutions passed by
		  Council on February 28, 2005.  (PLACED ON FILE)

  		  Lincoln Water & Wastewater System Recapitulation of Daily Cash Receipts for
     		  February 2005.  (PLACED ON FILE)

		  The City of Lincoln's audited Comprehensive Annual Financial Report for    
     		  fiscal year 2003/2004.  (PLACED ON FILE)

 		  THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.:
		  Change of Zone 05014 - App. of Near South Neighborhood Assn. from R-7, 
 	            R-6, R-5 & R-4 Residential Dist. and B-3 Commercial Dist. to R-2 
 			Residential Dist. and P Public Use District generally located from F 
			Street to South Street, S. 13th Street to S. 27th Street.
		  Change of Zone 05011 - App. of The Schemmer Associates from R-3
 		 	Residential Dist. to B-2 Planned Neighborhood Business Dist. on 
			property located at S. 84th St. and Old Cheney Road.
		  Change of Zone 05012 - App. of Brian Carstens for Christian Church in
		 	Nebraska, Wood Bridge Planned Unit Development for a church, 12,000 sq. 
			ft. of office/medical office floor area & 58,200 sq. ft. of mini- 				
			storage floor area with requests to waive the preliminary plat process & 			
			allow lots without frontage onto a public street or private roadway on 				
			property located at Pine Lake Road & Helen Witt Drive.
		  Change of Zone 05013 - App. of Nebraska Dept. of Labor from O-1 Office
		 	Dist. to P Public Use Dist. on property located at the S.E. corner of S. 
			16th Street and K Street.
  		  Change of Zone 05017 - App. of Robert & Victoria Rokeby, Larry
 			Schmieding, Fieldstone Owners Assoc. and Lincoln Lodging, LLC from I-1 	
			Industrial Dist. to R-4 Residential Dist. and from I-1 Industrial Dist. 
			to H-3 Highway Commercial Dist. on property at N. 26th Street and Old 	
			Dairy Road.
		  Special Permit 1006F- App. of Brown Architecture and Design Co. to 
			adjust the front yard setback for an extension of an attached garage on 
			property at S. 70th Street and Forest Lake Blvd.
		  Special Permit 04069 - App. of Brian Carstens on behalf of Full House, 
			LLC, Whitetail Run Community Unit Plan, for approximately 9 dwelling 	
			units with requests to waive sidewalks, street trees, street lighting, 	
			landscape screening, & block length on property at S.W. 14th Street and 
			W. Bennet Road.
	          Special Permit 05002 - App. of Brian Carstens and Associates, Foreman 
			Ridge Addition Community Unit Plan, for approximately 29 single family 	
			acreage dwelling units, with requests to waive the preliminary plat 	
			process, sidewalks, street trees, street lighting, landscape screening, 
			block length, storm water detention, sanitary sewer running opposite of 
			street grade, lot to width ratios, and front and side yard setbacks on 	
			property at S.W. 12th Street and W. Denton Road.
		  Special Permit 05007 - App. of Hyangsoo Kim, for the authority to sell
		      alcoholic beverages for consumption on the premises on property located 
			at 3700 S. 9th Street.
		  Special Permit 05008 - App. of Layne, LLC, West Van Dorn Acres
		  	Community Unit Plan, for approximately 9 single family lots with 		
			requests to waive sidewalks, street trees, street lighting, landscape 	
			screening, block length, and the preliminary plat process, on property 	
			located at S.W. 70th Street and W. Van Dorn Street.
		  Special Permit 05009 - App. of Boyce Construction, Inc., Fieldstone
			Center Community Unit Plan, for approximately 70 dwelling units on 	
			property located at N. 26th Street and Old Dairy Road.
		  Use Permit 05003 - App. of The Schemmer Assoc. for 6 lots, with
		      requests to waive the preliminary plat process, front yard setback for 	
			parking, and required front yard for double frontage lots, on property 	
			located at S. 84th Street and Old Cheney Road.


REPORTS OF CITY OFFICERS 

              Investment of Funds from February 7 thru February
              18, 2005.  (ADOPTED, 7-0; A-83237)

              Report from City Treasurer of franchise tax from
              Aquila for the month of January 2005. (PLACED ON
              FILE)

              Report from City Treasurer of Telecommunications
              Occupation Tax for the month of Oct. - Dec. 2004:
              IDT, Telenational, PNG, Voice Stream, Fast Phones,
              Enhanced, Business Telecom., American Farm Bureau,
              GE Business Prod. Solutions, Accessline; Nov.-
              Dec. 2004: Shaffer; Nov. 2004: Nebraska Tech.;
              Dec. 2004: MCI WorldCom, AT&T Comm. of Midwest,
              Cricket, Sprint, Cellular One, Alltel Nebraska,
              Alltel Comm. of Nebraska, Alltel Systems of
              Midwest, Nebraska Tech. & Telecomm., XO Long
              Distance, Qwest, VoiceCom, Winstar, Cincinnati
              Bell Any Distance, PCN, Netifice, Global Crossing,
              Airnex, Primus, Virgin Mobile USA, Opex, Verizon
              Select, Intellical, UCN, OnStar, Working Assets,
              Trans National, Who's Calling, Talk America,
              McLeodUSA, Bell Atlantic, Network Billing,
              Guaranteed Phone Service, OCMC, T-Netix, TracFone
              Wireless, USCOC of Greater Iowa, CIII, Quantum
              Shift, Star Number, KDDI America, IBM Global;
              January 2005: Sprint Spectrum, Cellular One,
              Nextel, Alltel Comm. of Nebraska, Alltel Systems
              of the Midwest, Sprint, MCI WorldCom, Norstan
              Network, Southwestern Bell, Nextel West, Acceris,
              Tri-M, NOS, GTC, GlobalCom, LDMI, Zone Telecom.,
              Excel, NOSVA Ltd., ATS Mobile, Vartec, Lightyear
              Network, Association Adm., Affinity Network. 
              (PLACED ON FILE)

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEM 14 HAD 1ST READING)

14)  05-27   Amending Chapter 19.04.100 of the
             Lincoln Municipal Code relating to the
             Lincoln Fire Code Permits and Permit
             Fees to require permits for the
             installation of fire alarms and
             detection systems and establishing
             permit fees for such permits.
             Fact Sheet (107K)  						 

ORDINANCES - 3RD READING

15)  05-19   Authorizing and providing for the
             issuance of General Obligation
             Storm Sewer Refunding Bonds in an
             amount not exceeding $7,000,000.00.
              (PASSED, 7-0; #18508)

16)  05-20   Adopting the supplements to the Lincoln
             Municipal Code dated June, 2004 and December
             2004 as part of the official Lincoln
             Municipal Code.
             Fact Sheet (16K)
             (PASSED, 7-0; #18509)
						 
17)  05-21   Amending Chapter 2.24 of the Lincoln
             Municipal Code to add a new section numbered
             2.24.090 authorizing the Law Department and
             Risk Management to investigate all claims
             filed against the City and to adjust,
             compromise and settle all claims wherein the
             payment to any individual is not in excess of
             $25,000.00.
             Fact Sheet (61K)
             (PASSED, 7-0; #18510)
						  
18)  05-22   Change of Zone 05001 - Application of Guy
             Lammle for a change of zone from AG
             Agricultural to R-3 Residential on property
             generally located at Lammle Circle and
             Gleneagle Court.
             Fact Sheet (195K)
             (PASSED, 7-0; #18511)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

19)  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)
						 
20)  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)
						   
21)  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)
						 
22)  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)
						 
23)  02-114  Amending Chapter 2.54 of the Lincoln Municipal
             Code by adding a new section entitled "Standards
             of Ethical Conduct for Employees and Elected
             Officials" to supplement the existing conflicts of
             interest regulations. (7/29/02 - Placed on
             Pending until a committee is formed)
             Fact Sheet (3K)
						 
24)  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)
						 
25)  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 on
             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)
						 
26)  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)
						 
27)  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) 
						  
28)  05R-29  Application of Capital Humane Society for a waiver
             of Lincoln Municipal Code Chapter 2.81 Living Wage
             Ordinance. (2/14/05 - Pending, No Date Certain)
             Fact Sheet (38K)							 
             Attachment (657K)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, MARCH 14, 2005 AT 1:30 P.M.:      
						 (APPROVED, 7-0)

29)  05R-53  Approving Service Agreements between the City
             and Aetna Life Insurance Company and  the
             City and Union Agency for group long-term
             care insurance provided to City and County
             employees for a five-year term.
             Fact Sheet (16K)
             Attachment (255K)
						 						  
30)  05R-54  Accepting the report of new and pending claims
             against the City and approving disposition of
             claims set forth therein for the period of
             February 16 - 28, 2005.
             Fact Sheet (13K)						 
             Attachment (28K)
						 
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 (3/9/05) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (3/14/05).

          
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. THE OPEN MICROPHONE
           SESSIONS FOR MARCH WILL BE THE 14TH AND 28TH.




ADJOURNMENT  2:11 P.M.

                               ***
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      which is broadcast live at 1:30 p.m. every Monday and
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                  on 5 City-TV, Cable Channel 5.
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Internet at:
                          lincoln.ne.gov
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