InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
City of Lincoln
City Council Office

Formal Agenda

 


          AGENDA FOR THE REGULAR CITY COUNCIL MEETING TO BE HELD
                    MONDAY, OCTOBER 10, 2005 AT 1:30 P.M.

               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

       MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER IS 
	    DAVID BERNT OF PUBLIC WORKS & UTILITIES DEPT. IN THE
	    CATEGORY OF PRODUCTIVITY AND CUSTOMER RELATIONS.


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of El Rincon Management Company, Inc.
               dba Las Margaritas Mexican Restaurant for a Class
               I liquor license at 2700 Jamie Lane.(ADOPTED FOR 
		   APPROVAL, 7-0; A-83577) 

2)             Manager application of Rosaura Morales for El
               Rincon Management Company, Inc. dba Las Margaritas
               Mexican Restaurant at 2700 Jamie Lane. (ADOPTED 
		   FOR APPROVAL, 7-0; A-83578)

3)             Application of Bruno Enterprises, Inc. Too dba
               Buffalo Wild Wings Grill and Bar for a Class I
               liquor license at 1328 P Street. (ADOPTED FOR 	
		   APPROVAL, 7-0; A-83579)

4)             Manager application of Mike Furmanski for Bruno
               Enterprises, Inc. Too dba Buffalo Wild Wings Grill
               and Bar at 1328 P Street. (ADOPTED FOR APPROVAL, 
		   7-0; A-83580)

5)             Application of Bruno Enterprises, Inc. Too dba
               Buffalo Wild Wings Grill and Bar for a Class I
               liquor license at 7301 S. 27th Street, Suite 100.
		   (ADOPTED FOR APPROVAL, 7-0; A-83581)

6)             Manager application of Mike Furmanski for Bruno
               Enterprises, Inc. Too dba Buffalo Wild Wings Grill
               and Bar at 7301 S. 27th Street, Suite 100.	
              (ADOPTED FOR APPROVAL, 7-0; A-83582)

7)             Manager application of Rick F. Cash for Wilderness
               Ridge LLC dba Wilderness Ridge Golf Course at 1800
               Wilderness Woods Place. (ADOPTED FOR APPROVAL,  
	         7-0; A-83583)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS  (ITEMS 8 THRU 12 
HAD 2ND READING)

8)   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)

9)   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)

10)  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)

11)  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)

12)  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)


PUBLIC HEARING - RESOLUTIONS

13)  05R-239   Reappointing Don Schroeder and Dan Pudenz to the
               Electrical Advisory Appeals and Examining Board
               for three-year terms expiring August 15, 2007.
		   (ADOPTED, 7-0; A-83584)

14)  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.
		   (ADOPTED, 7-0;A-83585)

15)  05R-241   Reappointing Doug Biggerstaff to the Examining
               Board of Plumbers for a three-year term expiring
               September 4, 2007.(ADOPTED, 7-0; A-83586)

16)  05R-242   Reappointing Doug Biggerstaff to the Water
               Conditioning Board of Examiners for a three-year
               term expiring September 4, 2007. (ADOPTED, 7-0; 
		   A-83587)

17)  05R-244   Appointing Roger Massey to the Lincoln Housing
               Board to fill an unexpired term expiring July 1,
               2007.
               Attachment (32K)
		   (ADOPTED, 7-0; A-83588)


                      - END OF PUBLIC HEARING -


                        - CONSENT AGENDA -

PETITIONS & COMMUNICATIONS 

18) MISCELLANEOUS REFERRALS

		 Clerk's Letter and Mayor's Approval of ordinances & 
		 resolutions passed by Council on October 3, 2005.  
		 (PLACED ON FILE)

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


REPORTS OF CITY OFFICERS

19)            Lincoln Water & WasteWater System Recapitulation
               of Daily Cash Receipts for September 2005.
               (PLACED ON FILE)

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

21)            Report of City Treasurer of Telecommunications
               Occupation Tax for the month of March 2005:
               Digizip; July 2005: UCN, On Star, Virgin Mobile
               USA, Primus, Tans Nat'l., Intellicall Operator, XO
               Communications, McLeod USA, Advanced Tel, ACN,
               Bell Atlantic, Qwest, Telecorp., CII Comm.
               Operations, Cincinnati Bell Any Distance, Working
               Assets, Verizon Select, TracFone Wireless,
               VoiceCom, Business Prod. Solutions, Star Number,
               KDDI America, Quantum Shift, T-Netix, IBM Global,
               Global Crossing, OCMC, Norstan Network, MCI
               WorldCom, TWC Info, WWC License, USCOS of Greater
               Iowa, New Cingular Wireless, Alltel Comm. of
               Nebraska, Alltel Nebraska, Alltel Systems of the
               Midwest, AT&T Comm. of Midwest, Cricket; August
               2005: Nextel Partners, D&D, Sprint Spectrum,
               Sprint Comm., MCI WorldCom, TWC Info,
               360Networks(USA), Affinity Network, SBC Long
               Distance, Nextel West, Acceris, Zone Telecom, GTC,
               LDMI, Tri-M, NOS, Globalcom, Lightyear Network
               Solutions, NOSVA, Excel, VarTec, Norstan, Network
               Billing, ATS Mobile.(PLACED ON FILE)

                        - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 22 THRU 29 HAD 1ST READING)

22)  05-148    Vacation 05005 - Vacating Maple Street west from
               S.W. 27th Street, generally located at S.W. 27th
               Street and West Peach Street.
               Fact Sheet (160K)

23)  05-149    Change of Zone 05050 - Application of Lincoln
               Sports Foundation for a change of zone from AG
               Agricultural to H-2 Highway Business on property
               generally located at N. 70th Street and Arbor
               Road.
               Fact Sheet (239K)

24)  05-150    Change of Zone 05065 - Amending Sections
               27.27.080, 27.28.090, 27.31.100, 27.37.070,
               27.51.100, 27.57.180, 27.63.025, and 27.82.110 of
               the Lincoln Municipal Code to modify the City
               Council's action on a matter appealed from the
               Planning Commission to the City Council.
               Fact Sheet (19K)

25)  05-151    Misc. 05021 - Amending Sections 26.11.037,
               26.11.060, and 26.31.010 of the Lincoln Municipal
               Code to modify the City Council's action on a
               matter appealed from the Planning Commission to
               the City Council.
               Fact Sheet (19K)

26)  05-152    Amending Section 6.04.150 of the Lincoln Municipal
               Code relating to shelter fees to increase the fee
               for release of any animal held or impounded in the
               animal shelter.
               Fact Sheet (60K)

27)  05-153    Amending Sections 6.08.130 and 6.08.260 of the
               Lincoln Municipal Code relating  to Dogs to
               increase the fee for the release of a dog held or
               impounded in the animal shelter.
               Fact Sheet (64K)

28)  05-154    Amending Section 6.10.050 of the Lincoln Municipal
               Code relating to Dangerous and Potentially
               Dangerous Dogs to increase the registration fee of
               potentially dangerous dogs from $5.00 to $25.00.
               Fact Sheet (58K)

29)  05-155    Amending Sections 6.12.100 and 6.12.220 of the
               Lincoln Municipal Code relating to Cats to
               increase the fee for the release of a cat held or
               impounded in the animal shelter.
               Fact Sheet (62K)


ORDINANCES - 3RD READING

30)  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)
		   (PASSED, 7-0; #18623)

31)  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)
		   (PASSED, 7-0; #18624)

32)  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)
		   (PASSED, 7-0; #18625)

33)  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)
		   (PASSED, 7-0; #18626)

 34) 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)
		   (PASSED, 7-0; #18627)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED ONE WEEK)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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 17, 2005 AT 1:30
     P.M.:			           (APPROVED, 7-0)

44)  05R-244   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of September 16 -
               31, 2005.
               Fact Sheet (13K)
               Attachment (21K)

45)  05R-245   Reappointing Jon Camp to the Public Building
               Commission for a four-year term expiring August 1,
               2009.

46)  05R-246   Special Permit 2022A - Application of J&D Leasing,
               Inc. to amend Pine Lake Heights South 4th Addition
               Planned Service Commercial Special Permit to
               adjust the on-premise sign requirements to allow
               an additional ground sign for the auto dealership
               on property generally located northeast of the
               intersection of S. 27th Street and Yankee Hill
               Road.
               Fact Sheet (301K)

47)  05R-247   Waiver 05008 - Application of the People's City
               Mission Home to waive the parking lot surfacing
               requirements for a new parking lot and the
               expansion of an existing parking lot, on property
               generally located at N. 1st Street and R Street.
               Fact Sheet (619K)

48)  05R-248   Appointing Jonathan Rehm, LeRoy Stokes, and Mike
               Donlan to the Charter Revision Commission to fill
               unexpired terms expiring July 15, 2007, July 15,
               2008, and July 15, 2008, respectively.
               Attachment (65K)




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 (10/19/05)  PRIOR TO THE NEXT FORMAL CITY COUNCIL
     MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
     10/24/05.

     Joseth Moore  Recycling program modeled after a Brazilian 
		       city. HE ASKED THE CITY TO CONSIDER A
			 RECYCLING PROGRAM USED IN CURITIBA, BRAZIL WHERE 
			 VOUCHERS ARE GIVEN FOR BUS PASSES, FOOD, SCHOOL 
			 SUPPLIES, ETC.  TO THE HOMELESS OR LOW INCOME 
			 PEOPLE WHO BRING IN ITEMS TO BE RECYCLED WHICH 
			 WOULD BENEFIT THE ENVIRONMENT, LOW INCOME 
	  		 HOMELESS & BUSINESSES.


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  2:14 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
                               ***

City Council