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Some resolutions and fact sheets are not available due to the shut down of the Hall of Justice.


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, SEPTEMBER 19, 2005 AT 1:30 P.M.

                       ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application Fat Pat's Pizza & Subs Inc. dba
               Patty's Pub East to expand its licensed premise by
               the addition of an outside area measuring
               approximately 12 feet by 30 feet to the east at
               311 N. Cotner. (9/12/05 - Public Hearing con't.
               to 9/19/05) (ADOPTED FOR APPROVAL, 7-0; A-83534)

2)             Manager application of Christy McMahan for Jack's
               Bar & Grill at 100 N. 8th Street.  (ADOPTED FOR         
	         APPROVAL, 6-0; CAMP CONFLICT OF INTEREST; A-83535)

3)             Manager application of Daniel Haugland for Big Red
               Keno Sports Bar & Grill at 955 West O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-83536)

4)             Application of Jose S. Ruiz dba Slapshotz Bar &
               Grill for a liquor catering license at 1245 Libra
               Drive, Suite 110. (ADOPTED FOR APPROVAL, 7-0;     
	         A-83537)

5)             Application of Katch LLC dba Luckie's Lounge to
               expand its licensed premises by the addition of an
               outside area measuring approximately 130 feet by
               150 feet to the north at 1101 West Bond Street.
               (ADOPTED FOR APPROVAL, 7-0; A-83538)

6)             Application of U.N.C.-R, Inc. dba Uncle Ron's for
               a Class C liquor license at 340 Cornhusker
               Highway. (ADOPTED FOR APPROVAL, 7-0;    
               A-83539)

7)             Manager application of Ronald Tegtmeier for
               U.N.C.-R, Inc. dba Uncle Ron's at 340 Cornhusker
               Highway. (ADOPTED FOR APPROVAL, 7-0; A-83540)


PUBLIC HEARING
ORDINANCES - 2ND READING & RESOLUTIONS  (ITEMS 8 THRU 21 HAD 2ND 
	       READING)

8)   05-136    Approving a Lease Agreement between the City and
               The 3 Amigos Properties for a lease of space for a
               three-year term for use by the Lincoln Police
               Department.
               Fact Sheet (63K)
               Attachment (888K)

9)   05-137    Change of Zone 05049 - Application of Aspen for a
               change of zone from O-3 Office Park District to B-
               2 Planned Neighborhood Business District on
               property generally located at Red Rock Lane and S.
               56th Street. (Related Items: 05-137, 05-138)
               (Action Date: 9/26/05)
               Fact Sheet (675K)

10)  05R-218   Use Permit 97A - Application of Aspen to amend the
               use permit to change the land use table and
               request a waiver to the front yard setback on
               property generally located at Red Rock Lane and S.
               56th Street. (Related Items: 05-137, 05-138)
               (Action Date: 9/26/05)
               Fact Sheet (786K)

11)  05-138    Change of Zone 05056 - Application of Roger and
               Carol Williams, Marvin Williams, Velda Williams,
               and Vernon Williams for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally located
               at S.W. 12th Street and W. Denton Road.
               Fact Sheet (282K)

12)  05-139    Change of Zone 05059 - Application of Molex, Inc.
               for a change of zone from H-3 Highway Commercial
               District and I-2 Industrial Park District to I-1
               Industrial District, on property generally located
               at N.W. 12th Street and West Bond Circle.
               Fact Sheet (278K)

13)  05R-169   Special Permit 1965 - Application of Hartland
               Homes, Inc. to develop Hartland Homes N.W. 1st
               Community Unit Plan for 70 dwelling units,
               including a requested  variance to allow
               unenclosed decks to project 10' into the required
               rear yard and a reduction of the cul-de-sac radius
               requirement from 60' to 55', on property generally
               located west of N.W. 48th Street and north of West
               St. Paul Avenue. (Related Items: 05R-169, 05R-
               170, 05-96, 05-97) (9/12/05 - Public Hearing
               con't. to 9/19/05) Action Date: 9/26/05)
               Fact Sheet (399K)

14)  05R-170   Preliminary Plat 02007 - Application Hartland
               Homes, Inc. to develop Hartland Homes N.W. 1st
               Addition for 70 dwelling units on approximately 12
               acres, including a requested variance to allow
               unenclosed decks to project 10' into the required
               rear yard and a reduction of the cul-de-sac radius
               requirement from 60' to 55', on property generally
               located west of N.W. 48th Street and north of West
               St. Paul Avenue. (Related Items: 05R-169, 05R-
               170, 05-96, 05-97) (9/12/05 - Public
               Hearing con't. to 9/19/05) (Action Date:
               9/26/05)
               Fact Sheet (417K)

15)  05-96     Street Vacation 02003 - Application of
               Hartland Homes Inc. to vacate West Madison
               Avenue from a point 7.17 feet west of the
               west line of N.W. 49th street to N.W. 53rd
               Street. (Related Items: 05R-169, 05R-170,
               05-96, 05-97) (9/12/05 - Public
               Hearing con't. to 9/19/05) (Action
               Date: 9/26/05)
               Fact Sheet (324K)

16)  05-97     Street Vacation 03006 - Application of
               Hartland Homes Inc., The Korean Church of
               Lincoln, and Robert & Raeann Lorence, to
               vacate West Cleveland Avenue from the west
               line of N.W. 48th Street to the east line of
               Hartland Homes N.W. 2nd Addition, generally
               located west of N.W. 48th Street and one
               block south of West Adams Street. (Related
               Items: 05R-169, 05R-170, 05-96, 05-97)
               (9/12/05 - Public Hearing con't. to
               9/19/05) (Action Date: 9/26/05)
               Fact Sheet (267K)

17)  05R-134   Comp. Plan Amendment No. 05014 - Amending the
               Lincoln/Lancaster County Comprehensive Plan by
               deleting references to the Theater Policy and
               entertainment in the Downtown, and by deleting one
               statement requiring market studies for proposed
               new theaters outside of the Downtown area. (In
               connection w/05-85, 05-86, 05R-135, 05R-136)
               (Action Date: 7/11/05) (6/20/05 - Placed on
               Pending to 7/25/05 with P.H.) (7/11/05 - Pending
               to 8/29/05 w/P.H.) ( 8/15/05 - Public Hearing
               con't  to 9/12/05) (8/22/05 - Placed on Pending to
               9/19/05 w/Public Hearing)
               Fact Sheet (1425K)

18)  05-85     Amending Section 27.63.630(c) of the Lincoln
               Municipal Code Zoning Ordinance for theaters
               in the B-5 Planned Regional Business
               District, to allow theaters with more than
               six screens, provided they are located
               outside a 6.5 mile radius measured from the
               center of the intersection of 13th and O
               Streets. (In connection w/05-86, 05R-134,
               05R-135, 05R-136) (6/20/05 - Placed on
               Pending to 7/25/05 with P.H.) (7/11/05 -
               Pending to 8/29/05 w/P.H.) ( 8/15/05 - Public
               Hearing con't. to 9/12/05) (8/22/05 - Placed on
               Pending to 9/19/05 w/Public Hearing)
               Fact Sheet (370K)

19)  05-86     Change of Zone 05036 - Application of Eiger
               Corporation for a change of zone from AG
               Agricultural District to B-5 Planned Regional
               Business District on property generally
               located at South 91st Street and Pine Lake
               Road. (In connection w/05R-134, 05-85, 05-
               86, 05R-135, 05R-136) (6/20/05 -
               Placed on Pending to 7/25/05 with P.H.)
               (7/11/05 - Pending to 8/29/05 w/P.H.) (
               8/15/05 - Public Hearing con't .  to 9/12/05)
               (8/22/05 - Placed on Pending  to 9/19/05
               w/Public Hearing)
               Fact Sheet (408K)

20)  05R-135   Appeal of Eiger Corporation from the Planning
               Commission denial of Special Permit 05023 to
               construct an 80,000 sq. ft. theater complex with
               18 screens in the B-5 zoning district, on property
               generally located at S. 91st Street and Pine Lake
               Road. (In connection w/05R-134, 05-85, 05-86,
               05R-136) (Action Date: 7/11/05) (6/20/05 - Placed
               on Pending to 7/25/05 with P.H.) (7/11/05 -
               Pending to 8/29/05 w/P.H.) ( 8/15/05 - Public
               Hearing con't .  to 9/12/05) (8/22/05 - Placed on
               Pending to 9/19/05 w/Public Hearing)
               Fact Sheet (672K)

21)  05R-136   Appeal of Eiger Corporation from the Planning
               Commission denial of Use Permit 140B to allow
               950,983 sq. ft. of commercial and office floor
               area, on property generally located at S. 91st
               Street and Pine Lake Road.(In connection w/05R-
               134, 05R-135, 05-85, 05-86) (Action Date:
               7/11/05) (6/20/05 - Placed on Pending to 7/25/05
               with P.H.) (7/11/05 - Pending to 8/29/05 w/P.H.)
               8/15/05 - Public Hearing con't.   to 9/12/05)
               (8/22/05 - Placed on Pending to 9/19/05 w/Public
               Hearing)
               Fact Sheet (1046K)


PUBLIC HEARING - RESOLUTIONS

22)  05R-214   Approving the creation of a Joint Public Agency
               for the City of Lincoln and Lancaster County to
               provide for the design, acquisition of land, and
               construction of improvements for the Rural to
               Urban Roadway Transition Streets Program (RUTS)
               and the design and acquisition of land for the
               East Beltway.
               Fact Sheet (60K)
	         (ADOPTED, 7-0; A-83541)

23)  05R-215   Appointing Leticia Meza-Casarin to the Lincoln-
               Lancaster Women's Commission for a two-year term
               expiring March 1, 2007.
               Attachment (18K)
	         (ADOPTED,  7-0; A-83542)

24)  05R-217   Authorizing the use of the public right-of-way by
     Approval  The Tool House for use of the north 10 feet of
     Denial    public right-of-way at 800 Q Street for display
               purposes.
               Fact Sheet (57K)
               Attachment (884K)	   
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;            
		   A-83543)

25)  05R-219   Appeal of Prairie Homes from the Planning Commission conditional
     Approval  approval of  Preliminary Plat No. 05003, Highland View Addition,
     Denial    Condition No. 1.1.9 of the staff report requiring a full median
               on Highway 34 at the temporary access and to label the intersection
               as right-in, right-out only, on property generally located west
               of N.W. 12th Street between Hwy. 34 and W. Alvo Road.
               Fact Sheet (321K)	  
               (ADOPTED 5-2; COOK, NEWMAN DISSENTING; A-83544)

26)  05R-220   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of August 16 - 31,
               2005.
               Fact Sheet (13K)
               Attachment (21K)
		   (ADOPTED, 7-0; A-83545)

                 - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

27)            Report of UNL Microbiologist for water testing for
               the month of August 2005.(PLACED ON FILE)

28)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING             
	       DEPT.:
               Change of Zone 05065 - Requested by City
               Law Dept. at the request of Jonathan Cook to amend
               Title 27 of the LMC relating to the Zoning
               Ordinance by amending Sec. 27.27.080, 27.28.090,
               27.31.100, 27.37.070, 27.51.100, 27.57.180,
               27.63.025 & 27.82.110 to modify the City Council's
               action on a matter appealed to the City Council
               Change of Zone 05070 - App. of Public Works
               Director to amend Chapter 27.52 of the LMC
               relating to Flood Regulations for the Existing
               Urban area and to amend Sections 27.52.010,
               27.52.020, 27.52.030, 27.52.040, & 27.52.050.
               Also, Amending Chapter 27.53 relating to Flood
               Regulations for New Growth areas and Sections
               27.53.030.
               Special Permit 2022A - App. of J & D
               Leasing, Inc. and Jim Williamson for an amendment
               to allow an additional ground sign on property
               located at the NE corner of S. 27th St. &
               Yankee Hill Rd.
               Special Permit 05045 - App of Jason
               Robinson for the expansion of a non-standard
               dwelling unit into the front yard setback on
               property located at 1404 N. 67th Street.
               Special Permit 05046 - App. of Lighthouse
               for a nonprofit educational philanthropic
               institution on property located at 2601 N St.,
               2615 N St., 220 S. 26th St., all
               connected.


29)  MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

30)            Clerk's Letter and Mayor's Approval of ordinances
               and resolutions passed by Council on September 12,
               2005. (PLACED ON FILE)

                   -END CONSENT AGENDA -

ORDINANCES - 1ST READING & RESOLUTIONS - NONE

ORDINANCES - 3RD READING

31)  05-128    COZ 05004 - Application of Realty Trust Group,
               Inc. for a change of zone from AG Agricultural
               District to R-3 Residential District on property
               generally located at South 84th Street and Old
               Cheney Road; designating said property as a
               Planned Unit Development; and for approval of a
               development plan for 28 multi-family units and
               22,000 square feet of commercial/retail floor area
               in the underlying R-3 Residential District with
               requested waivers of the required preliminary plat
               process and modifications to the Zoning Ordinance
               and Land Subdivision Ordinance.
               (Request to delay Action for one week to
               9/19/05) (9/12/05 - Delay Action to
               9/19/05)
               Fact Sheet (443K)
	         (AMENDMENT, LOST 3-4, CAMP, ESCHLIMAN & SVOBODA 
	         ASSENTING; PASSED, 6-0; MARVIN ABSTAINED; #18611)

32)  05-129    Amending Ordinance No. 17381 to allow preparation
               of detailed plans and specifications for a median
               along South 56th Street between Madalyn Road and
               Old Cheney Road as well as to allow preparation of
               detailed plans and specifications and construction
               of a west leg to the South 56th and Shadow Pines
               Drive intersection which will connect South 56th
               Street to Stephanie Lane. (Related Items: 05-
               129, 05R-178)(Action date 9/12/05) (8/29/05 -
               Con't. Public Hearing in 2 wks. on 9/12/05) Action
               Date: 9/19/05)
               Fact Sheet (30K)
               Attachment (108K)
		   (ACTION DELAYED ONE WEEK TO 9/26/05, 7-0)

33)  05R-178   Approving the removal of the existing barricade in
               Cumberland Drive at the common line of Colonial
               Acres 2nd Addition and Jerrold Heights
               2nd Addition. (8/1/05 - Placed on
               Pending Indefinitely) (Request to remove from
               Pending for Public Hearing on 8/29/05)
               (8/22/05 - To have Public Hearing 8/29/05)
               (Related Items: 05-129, 05R-178) (Action
               date 9/12/05) (8/29/05 - Con't. Public
               Hearing in 2 wks. on 9/12/05) (Action Date:
               9/19/05) (ACTION DELAYED ONE WEEK TO 9/26/05, 7-0)


34)  05-130    Amending Ordinance No. 18214 to allow preparation
               of detailed plans and specifications for a median
               along Pioneers Boulevard from the east leg of the
               South 70th Street intersection easterly to the
               intersection of Pagoda Lane. (8/29/05 - Con't.
               Public Hearing in 2 wks. on 9/12/05) Action Date:
               9/19/05)
               Fact Sheet (464K)
               (LOST, 0-7; #38-4506)
 
35)  05-132    Approving a Sublease Agreement between the City of
               Lincoln and the Nebraska Building Division on
               behalf of Vocational Rehabilitation, Department of
               Education, for providing job training and
               employment services under the Workforce Investment
               Act.
               Fact Sheet (55K)
               Attachment (959K)
	         (PASSED, 7-0; #18612)

36)  05-133    Approving a Sublease Agreement between the City of
               Lincoln and the Nebraska Building Division on
               behalf of Nebraska Workforce Development,
               Department of Labor, for providing job training
               and employment services under the Workforce
               Investment Act.
               Fact Sheet (56K)
               Attachment (904K)
	         (PASSED, 7-0; #18613)

37)  05-134    Change of Zone 05053 - Application of the Planning
               Director for a change of zone from P Public Use
               District to R-3 Residential District on property
               generally located at N.W. 7th Street and N.W.
               Fairway Drive.
               Fact Sheet (624K)
	         (PASSED, 7-0; #18614)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)

38)  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 (1194K)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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 (217K)

44)  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 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)

45)  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)

46)  05-107    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.
               (8/8/05 - Action Delayed 2 wks. to
               8/22/05) (8/22/05 - Placed on Pending,
               No Date Certain)
               Fact Sheet (137K)
               Attachment (127K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON  MONDAY, SEPTEMBER 26, 2005 AT 5:30 P.M.:  
				(APPROVED, 7-0; SEE ITEM 53)

47)  05R-221   Approving an Interlocal Agreement
               between the City of Lincoln Water
               Department, Lower Platte River Corridor
               Alliance, Nebraska Land Trust, U. S.
               Geological Survey, U.S. Fish & Wildlife
               Service, University of Nebraska, Center for
               Advanced Land Management Information
               Technologies, Metropolitan Utilities
               District, Lower Platte South Natural
               Resource District, Lower Platte North
               Natural Resource District, Nebraska Game &
               Parks Commission, Nebraska Department of
               Roads, Papio-Missouri River Natural
               Resources District and Nebraska Department
               of Natural Resources, for Data
               Acquisition and Information System
               Development for the Lower Platte River
               Cumulative Impact Study - Phase 2.
               Fact Sheet (387K)
               Attachment (372K)

48)  05R-222   Approving Coyote Willys at 2137
               Cornhusker Highway as a Keno satellite
               site.
               Fact Sheet (39K)

49)  05R-223   Misc. 05015 - Declaring the West O Street
               Redevelopment Area as blighted and
               substandard generally bounded by 10th
               Street on the east, ½ mile west of
               N.W. 70th Street on the west, and either
               side of West O Street, located south of
               Interstate 80 and north of the Burlington
               Railroad on the south. (Related Items:
               05R-223, 05R-224)
               Fact Sheet (387K)

50)  05R-224   CPC 05008 - Adopting the West O Street
               Redevelopment Plan on property generally
               bounded by 10th Street on the east,
               ½ mile west of N.W. 70th Street on
               the west, and either side of West O
               Street, located south of Interstate 80
               and north of the Burlington Railroad on
               the south. (Related Items: 05R-223,
               05R-224)
               Fact Sheet (387K)

51)  05R-225   Special Permit 1629F - Application of
               DuTeau Investment Company to adjust the
               side yard setback from 50 feet to 25 feet
               to allow display vehicle parking, on
               property generally located at South 27th
               Street and Porter Ridge Road.
               Fact Sheet (387K)

52)  05R-226   Comp. Plan Amendment 05015 - Approving
               the Downtown Master Plan as a recognized
               subarea plan in the 2025 Lincoln-
               Lancaster County Comprehensive Plan in
               the area generally from 6th Street on the
               west to 17th Street on the east, and from
               H Street on the south to R Street on the
               north, including the Haymarket District
               and  Antelope Valley.
               Fact Sheet (387K)

53)  05R-227   Approving the application to the Nebraska
               Game & Parks Commission for a Recreation
               Trail Program Grant for providing
               financial assistance for the .5 mile
               Cavett Connector Trail connecting the
               Tierra/Williamsburg Trail to the Yankee
               Hill Road Trail.  WITHDRAWN, 7-0;
	         38-4507)

54)  05R-228   Appointing Blake Edwards to the Community
               Forestry Advisory Board for a three-year
               term expiring August 17, 2008.

55)  05R-229   Reappointing John Williams to the
               Community Forestry Advisory Board for a
               three-year term expiring August 17, 2008.


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 (9/21/05) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION
(9/26/05).




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. OPEN MICROPHONE
SESSIONS FOR SEPTEMBER ARE THE  12TH AND
26TH.




ADJOURNMENT  5:45 P.M.





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