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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