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Formal Agenda

 

        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, OCTOBER 3, 2005 AT 1:30 P.M.

      NOTE: THE OCTOBER CITY COUNCIL NIGHT MEETING
            WILL BE HELD ON OCT., 24TH AT 5:30
            P.M. WITH AN OPEN MICROPHONE SESSION.  THE
            OCT. 31ST CITY COUNCIL MEETING WILL
            BEGIN AT 1:30 P.M.


                  ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Alley, Inc. dba The Alley for a
               liquor catering license for their presently
               licensed premise at 1031 M St. (9/26/05 -
               Public Hearing & Action Delayed One Week to
               10/3/05)(ADOPTED FOR APPROVAL, 7-0; A-83562)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 2 THRU 6 HAD 2ND READING)                    

 2)  05-140    Declaring the north seven feet of Lot 1, Block 3,
               Engleside Add., as surplus property, generally
               located at 22nd & Holdrege Sts.
               Fact Sheet (162K)

 3)  05-141    Change of Zone 05060 - Application of the Planning
               Director for a change from P Public Use to R-2
               Residential Dist. on property generally located at
               33rd St. & Doane St.
               Fact Sheet (144K)

 4)  05-142    Change of Zone 05066 - Amending Lincoln Municipal
               Code §27.63.470 "Permitted Special Use: 
               Planned Service Commercial" to add public or
               private elementary & high schools as an allowed
               use by the Planned Service Commercial special
               permit in the H-4 General Commercial Dist.
               Fact Sheet (20K)

 5)  05-143    Change of Zone 2531CC - Application of Jerry &
               Annette Weber to amend the Williamsburg Village
               Planned Unit Development to adjust the rear yard
               setback from 27.5' to 20.5' to allow an addition
               to the existing house on property located at 3821
               Williamsburg Dr.
               Fact Sheet (296K)

 6)  05-144    Approving a License Agreement between the City &
               Verizon Wireless LLC for the use of property in
               Antelope Park  for co-locating telecommunications
               facilities. 
               Fact Sheet (58K)
               Attachment (525K)


SPECIAL PUBLIC HEARING

 7)  05R-230   Approving the 2005-2006 City tax rate of 0.30091
               per $100.00 of assessed valuation representing a
               2.0% increase over the 2004-2005 rate.
               Fact Sheet (57K)
		   (ADOPTED, 7-0; A-83563)

PUBLIC HEARING - RESOLUTIONS

 8)  05R-216   Application of Union College for the use of public
               right-of-way under Prescott St. between S. 49th &
               S. 50th Sts. for placement of a buried electrical
               service line & buried data communications line.
               Fact Sheet (39K)
               Attachment (499K)
               (ADOPTED, 7-0; A-83564)

 9)  05R-231   Hearing on Robert A. Hoffman's Notice of Appeal
               appealing from the determination of Impact Fees
     Denial    imposed for the single-family dwelling located at
               3805 N. 44th St. & requesting a waiver or
               reduction of said fees.
               Fact Sheet (62K)
		   (ADOPTED, 7-0; A-83565)

10)  05R-232   Assessing Nuisance Abatement Costs associated with
               the clearing of public nuisances by the Health
               Department to the following benefitted properties:
               5050 Prince Rd., 3436 N. 48th, 820 C, 2718 Q, 1313
               Sumner, 3017 Randolph, 2420 Holdrege, 1535 B, 2227
               Dudley, 2420 Holdrege, 2420 Holdrege, 4118 A, 4626
               Madison, 2284 W, 820 C, 2040 S. 18th.
               Fact Sheet (58K)
               Attachment (123K)
		   (ADOPTED, 7-0; A-83566)

11)  05R-234   Special Permit 1786A - Application of Quin-C Inc.
               to amend the Black Forest Estates Community Unit
               Plan to permit 88 dwelling units, including an
               adjustment to a 5' front yard setback, except
               along Old Cheney Rd., with a minimum 22' setback
               for garages, an adjustment to a 5' rear yard on
               Lot 7, Block 7, and to waive the sidewalks on the
               west side of Black Forest Dr. & both sides of
               Black Forest Ct., on property generally located at
               62nd St. & Old Cheney Rd.
               Fact Sheet (804K)
		    (AMENDED, 7-0; ADOPTED AS AMENDED, 6-0; NEWMAN               
  		   ABSTAINED; A-83567)

12)  05R-235   Special Permit 05043 - Application of Shady Creek,
               LLC to operate an early childhood care facility
               for up to 120 children, and a requested waiver of
               the requirement to submit building plans &
               elevations and to waive the requirement that the
               facility be located on & take access to an
               arterial street, on property generally located at
               5521 Shady Creek Ct.
               Fact Sheet (494K)
		   (ADOPTED, 7-0; A-83568)

13)  05R-236   Approving the submittal of a grant application to
               the Nebraska Game & Parks Commission for $20,000
               from the Land & Water Conservation Fund to assist
               with replacement of the playground in Pioneers
               Park.
               Fact Sheet (57K)
	         (AMENDED, 7-0;ADOPTED AS AMENDED; A-83569)

14)  05R-237   Accepting the report of new & pending claims
               against the City and approving disposition of
               claims set forth for the period of September 1 -
               15, 2005.
               Fact Sheet (13K)
               Attachment (20K)
		   (ADOPTED, 7-0; A-83570)

                 - END OF PUBLIC HEARING -


                   - CONSENT AGENDA -




PETITIONS & COMMUNICATIONS 

15)            Setting the Hearing Date of October 17, 2005 at
               1:30 p.m. for App. of Downtown Brakes & Oil dba
               16th Street Liquor for a Class D liquor
               license located at 1601 N Street.
	         (ADOPTED, 7-0; A-83571)

16)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 			   DEPT.
               Change of Zone 05067 - App. of Whitehead
               Oil Company for a change from R-6 to B-4 on
               property at 2100 K Street.
               Change of Zone 05068 - App. of R.C. Krueger
               Development & Carl & Vicki Schmidt for a change
               from AG to R-3 P.U.D. on property at S.
               70th Street and Yankee Hill Road.
               Change of Zone 05072 - App. of a change to
               LMC 27.71.270 to allow for the inclusion of
               existing I.T.'s to be included within the limits
               of a C.U.P. & not affect the overall density.
	       Special Permit 1558A - App. of Pickfair
               Entertainment Corp. to expand the premises
               authorized for the sale of alcohol for consumption
               both on and off the premises, on property located
               at SW 9th Street and West O Street.
               Special Permit 1883A - App. of Gerry &
               Dianne Krieser to amend the Stevens Creek Pointe
               Community Unit Plan to expand boundaries adding 2
               lots for a total of 9 lots with requests to waive
               the preliminary plat process, sidewalks, street
               trees, street lighting, landscape screening &
               block length on property at N. 134th
               Street and Adams Street.
               Special Permit 05048 - App. of Ron Harvey
               for reconstruction of a nonconforming use on
               property at 305 and 345 F Street.


17)  MISCELLANEOUS REFERRALS

	        Report from City Treasurer of City Cash on hand at 
	        the close of business August 31, 2005. (PLACED ON 
                FILE)

		Clerk's Letter and Mayor's Approval of ordinances & 
		resolutions passed by Council on September 19, 2005.  
		(PLACED ON FILE)

		Setting the Hearing Date on Monday, October 17, 2005 
		at 1:30 p.m. for the App. of Playmakers, Inc. dba 
		Playmakers for a Class "C" liquor license at 640 W. 
		Prospector Court, #300. (ADOPTED, 7-0; A-83572)


REPORTS OF CITY OFFICERS

18)            Clerk's Letter and Mayor's Approval of ordinances
               and resolutions passed by Council on September 19,
               2005.(PLACED ON FILE)

19)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended August 31, 2005. 
		   (ADOPTED, 7-0; A-83573)

20)            Report from City Treasurer of City Cash on hand at
               the close of business August 31, 2005. (PLACED ON 
		   FILE)

                          - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 21  
	     THRU 25 HAD 1ST READING) 

21)  05-145    Amending Lincoln Municipal Code Chapter 24.38,
               Onsite Wastewater Treatment Systems to assure
               consistency with State regulations, Nebraska
               Department of Environmental Quality Title 124
               Rules and Regulations for the Design, Operation
               and Maintenance of On-site Wastewater Treatment
               systems and County Resolution 02-30 Onsite
               Wastewater Treatment Systems. (Related Items:
               05-145, 05R-238)
               Fact Sheet (22K)

22)  05R-238   Amending the Design Standards Chapter 4.10
               Operation and Maintenance of On-site Wastewater
               Treatment Systems to assure consistency with
               Nebraska Department of Environmental Quality Title
               124 Rules and Regulations for the Design,
               Operation and Maintenance of On-site Wastewater
               Treatment Systems. (Related Items: 05-145, 05R-
               238)
               Fact Sheet (22K)
               Attachment (367K)

23)  05-146    Approving an Agreement between the City's Lincoln
               Area Agency on Aging and the First United
               Methodist Church for the lease of space for the
               First United ActivAge Center at14410 Folkestone
               St., Waverly, Nebraska.
               Fact Sheet (50K)
               Attachment (57K)

24)  05-147    Change of Zone 05040 - Application of Ridge
               Development Co. for a change from O-3 Office Park
               Dist. to B-2 Planned Neighborhood Business Dist.
               on property generally located at S. 14th St. and
               Yankee Hill Rd.  (Related Items: 05-147, 05R-
               243)
               Fact Sheet (219K)

25)  05R-243   Use Permit 05004 - Application of Ridge
               Development Co. to develop Wilderness Woods
               Commercial Center for 31, 500 sq. ft. of floor
               area for a drive-thru restaurant, retail and
               office space, with a request to adjust the yard
               setbacks for individual lots, on property
               generally located at S. 14th St. and Yankee Hill
               Rd. (Related Items: 05-147, 05R-243)
               Fact Sheet (342K)


ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS

26)  05-129    Amending Ordinance 17381 to allow preparation of
               detailed plans & specifications for a median along
               S. 56th St. between Madalyn Rd. & Old Cheney Rd.
               as well as to allow preparation of detailed plans
               & specifications & construction of a west leg to
               the S. 56th & Shadow Pines Dr. intersection which
               will connect S. 56th St. to Stephanie Ln. (In
               connection w/ 05R-178)  (9/19/05 - Action Delayed
               1 wk. to 9/26/05)   (9/26/05 - Action
               Delayed One Week to 10/3/05)
               Fact Sheet (30K)
               Attachment (108K)
		   (ACCEPTED SUB. ORD. #2, 6-1; NEWMAN DISSENTING; 
		   PASSED SUB. ORD. #2, 7-0; #18621)

27)  05R-178   Approving the removal of the existing barricade in
               Cumberland Dr. at the common line of Colonial
               Acres 2nd Add. & Jerrold Heights
               2nd Add. (In connection w/ 05-129)
               (9/19/05 - Action Delayed 1 wk. to 9/26/05)
               (9/26/05 - Action Delayed One Week to
               10/3/05) (ADOPTED, 6-1; CAMP DISSENTING; #A-83574)  

28)  05-86     Change of Zone 05036 - Application of Eiger
               Corp. for a change from AG Agricultural Dist.
               to B-5 Planned Regional Business Dist. on
               property generally located at S. 91st St. &
               Pine Lake Rd. (In connection w/05R-134,
               05-85, 05R-135, 05R-136) (8/22/05 -
               Placed on Pending  to 9/19/05 w/Public
               Hearing) (9/26/05 - Action Delayed One
               Week to 10/3/05)
               Fact Sheet (408K)
		   (PASSED, 7-0; #18622)
		  
29)  05R-135   Appeal of Eiger Corp. 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 St. & Pine Lake Rd. (In
               connection w/05R-134, 05-85, 05-86, 05R-136) 
               (8/22/05 - Placed on Pending to 9/19/05 w/Public
               Hearing)  (9/26/05 - Action Delayed One
               Week to 10/3/05)
               Fact Sheet (672K)	   
		   (ACCEPTED SUBSTITUTE. RESO.,  6-1; SVOBODA 
		   DISSENTING; ADOPTED SUBSTITUTE RESO., 7-0; A-83575)

30)  05R-136   Appeal of Eiger Corp. from the Planning Commission
               denial of Use Permit 140B to allow 950,983 sq. ft.
               of commercial & office floor area, on property
               generally located at S. 91st St. & Pine Lake
               Rd.(In connection w/ 05R-134, 05-85, 05-86,
               05R-135)  (8/22/05 - Placed on Pending to 9/19/05
               w/Public Hearing) (9/26/05 - Action Delayed One
               Week to 10/3/05)
               Fact Sheet (1046K)	   
		   (AMENDED, 7-0;ADOPTED AS AMENDED, 7-0; A-83576)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE WEEK)

31)  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)

32)  02-31     Vacating a 5' x 30'6" portion of N. 7th St.
               adjacent to the south 37' of Lot 9, Block 32,
               Original Plat of Lincoln, generally located
               at N. 7th & P Sts.  (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)

33)  02-114    Amending Chapter 2.54 of the Lincoln Municipal
               Code by adding a new  section entitled "Standards
               of Ethical Conduct for Employees & Elected
               Officials" to supplement the existing conflicts of
               interest regulations. (7/29/02 - Placed on
               Pending until a committee is formed)
               Fact Sheet (3K)

34)  04-188    Annexation 03001 - Amending the Lincoln Corporate
               Limits Map by annexing approx. 214 acres of
               property generally located at N. 56th St. & Arbor
               Rd. (In connection 04R-273, 04-189, 04R-
               272) (10/11/04 - Placed on Pending
               Indefinitely)
               Fact Sheet (237K)

35)  04R-273   Approving the North Bank Junction Annexation &
               Zoning Agreement between the City and Roger &
               Eldonna Schwisow and Hartland Homes, Inc. relating
               to the annexation of approx. 214 acres on property
               generally located at N. 56th St. & Arbor Rd.
               (In connection w/04-188, 04-189, 04R-272)
               (10/11/04 - Placed on Pending Indefinitely)
               Attachment (527K)

36)  04-189    Change of Zone 3398 - Application of Hartland
               Homes, Inc., Rodger & Eldonna Schwisow for a
               change from AG Agricultural to R-3 Residential for
               approx. 123 acres & H-4 General Commercial for
               approx. 21 acres on property generally located at
               N. 56th St. & Arbor Rd. (In connection w/04-
               188, 04R-273, 04R-272) (10/11/04 - Placed
               on Pending Indefinitely)
               Fact Sheet (217K)

37)  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 & side yard
               setback requirements on property located at N.
               56th St. & Arbor Rd. (In connection w/04-188,
               04R-273, 04R-189, 04R-272) (10/11/04 -
               Placed on Pending Indefinitely)
               Fact Sheet (535K)

38)  05R-29    Application of Capital Humane Society for a waiver
               of Lincoln Municipal Code Chapter 2.81 Living Wage
               Ordinance. (2/14/05 - Placed on Pending, No
               Date Certain)
               Fact Sheet (38K)
               Attachment (657K)

39)  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 & 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, OCTOBER 10, 2005 AT 1:30 P.M.:
  						(APPROVED, 7-0)

40)  05R-239   Reappointing Don Schroeder and Dan Pudenz to the
               Electrical Advisory Appeals and Examining Board
               for three-year terms expiring August 15, 2007.

41)  05R-240   Reappointing John Henry Zohner and Ronald Geary to
               the Heating, Ventilating & Cooling Examining Board
               for a three-year terms expiring on April 4, 2008
               and April 4, 2007, respectively.

42)  05R-241   Reappointing Doug Biggerstaff to the Examining
               Board of Plumbers for a three-year term expiring
               September 4, 2007.

43)  05R-242   Reappointing Doug Biggerstaff to the Water
               Conditioning Board of Examiners for a three-year
               term expiring September 4, 2007.

44)  05R-244   Appointing Roger Massey to the Lincoln Housing
               Board to fill an unexpired term expiring July 1,
               2007.
               Attachment (32K)


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 (10/5/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION  (10/10/05).


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 OCTOBER
     ARE THE  10TH AND 24TH.


ADJOURNMENT  3:14 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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