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

Formal Agenda

 

Non-linked version.  A linked version will be ready Friday at 1:00 pm.
        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, OCTOBER 17, 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 EXCEPT ESCHLIMAN


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Downtown Brakes and Oil Inc. dba
               16th Street Liquor for a Class D liquor license at
               1601 N Street.  (ADOPTED FOR APPROVAL, 6-0; 
		   A-83589)

2)             Manager application of Walter Jon Scott for
               Downtown Brakes and Oil Inc. dba 16th Street
               Liquor at 1601 N Street. (ADOPTED FOR APPROVAL,
     	         6-0; A-83590)

3)             Application of Playmakers, Inc. dba Playmakers for
               a Class C liquor license at 640 W. Prospector
               Court, #300.(ADOPTED FOR APPROVAL, 6-0; A-83591)

4)             Manager application of Jamie Jakub for Playmakers,
               Inc. dba Playmakers at 640 W. Prospector Court,
               #300.(ADOPTED FOR APPROVAL, 6-0; A-83592)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 5 THRU 12 HAD 2ND READING)

5)   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)

6)   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. (Request for 2nd & 3rd Readings 10/17/05)
               Fact Sheet (239K)

7)   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)

8)   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)

9)   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)

10)  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)

11)  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)

12)  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)


 PUBLIC HEARING - RESOLUTIONS

13)  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.(ADOPTED, 6-0; A-83593)
               Fact Sheet (13K)
               Attachment (21K)

14)  05R-245   Reappointing Jon Camp to the Public Building
               Commission for a four-year term expiring August 1,
               2009. (ADOPTED, 6-0; A-83594)

15)  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. (ADOPTED, 6-0; A-83595)
               Fact Sheet (301K)

16)  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)
		   (ADOPTED, 6-0; A-83596)

17)  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)
		   (ADOPTED, 6-0; A-83597)

                       - END OF PUBLIC HEARING -


                         - CONSENT AGENDA -


PETITIONS & COMMUNICATIONS 

18)            Setting the Hearing Date of Monday, Oct. 31, 2005
               at 1:30 p.m. for App. of Foreman Fuels, Inc. dba
               Fast Fuel #1 for a Class B liquor license at 5501
               Superior Street.(ADOPTED, 6-0; A-83598)

19)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
	       DEPT.:
               Change of Zone 05073 - Requested by
               Director of Planning Dept. to amend Sections
               27.37.020 to add public and private schools to the
               list or permitted uses by use permit.
               Change of Zone 05074 - App. of Ridge
               Development Co. & Southview, Inc.  from Ag to R-3
               on property from 8445 Leighton Ave. to 9209
               Leighton Ave.
               Special Permit 05049 - App. of Nebraska
               Realtors Assn. for a parking lot on the property
               at 201 S. 56th St.
               Special Permit 05050 - App. of Breck
               Collingsworth for townhomes located at North
               20th St. and North Gate Road.


20)  MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

21)            Setting a hearing date of Monday, November 7, 2005
               at 1:30 p.m. for the Board of Equalization for the
               Downtown Business Improvement District, Downtown
               Maintenance District and Core Business Improvement
               District Overlay. (APPROVED, 6-0)

                        - END CONSENT AGENDA -


ORDINANCES - 1ST READING (22 AND 23 HAD 1ST READING)

22)  05-156    Approving an agreement between the City
               and the Clyde Malone Community Center
               for the lease of space by the Lincoln
               Area Agency on Aging's ActivAge Center
               Program at 2032 U Street.
               Fact Sheet (58K)
               Attachment (59K)

23)  05-157    Approving two three-year/4,000 hour lease
               agreements with a buyout option between the City
               and Kansas State Bank of Manhattan to provide two
               Elgin four-wheeled street sweepers for sweeping of
               residential and arterial streets.
               Fact Sheet (58K)
               Attachment (1339K)


ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS

24)  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) (PASSED, 6-0; #18628)
               Fact Sheet (22K)

25)  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) (ADOPTED, 6-0; A-83599)
               Fact Sheet (22K)
               Attachment (367K)

26)  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. (PASSED, 6-0; #18629)
               Fact Sheet (50K)
               Attachment (57K)

27)  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) (PASSED, 6-0; #18630)
               Fact Sheet (219K)

28)  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)
		   (ADOPTED, 6-0; A-83600)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED ONE WEEK)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)  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)

37)  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 24, 2005 AT 5:30 P.M.:
						(APPROVED, 6-0)

38)  05R-249   Approving a contract between the City and MSI
               Systems Integrators involving the expenditure of
               money from appropriations of more than one year
               for the purchase and maintenance of an IBM z/890
               Enterprise Server and IBM Enterprise Storage
               Server Unit for use by the Information Services
               Division.
               Fact Sheet (53K)
               Attachment (1784K)

39)  05R-250   Reappointing Jill Flagel and Susan Epps to the
               StarTran Advisory Board for three-year terms
               expiring October 20, 2008.

40)  05R-251   Reappointing Amir Azimi, Thomas Christie, Charles
               Greene, Amrita Mahapatra, Annette McRoy, and Riek
               Puok Riek to the Multicultural Advisory Committee
               for three-year terms expiring September 18, 2008.

41)  05R-252   Appeal of Don Pearston from the Planning
     Approval  Commission approval of Special Permit 05046,
     Denial    application of the Lighthouse to construct a
               nonprofit educational and philanthropic
               institution on property generally located at 26th
               and N Streets.
               Fact Sheet (381K)

42)  05R-253   Misc. 05016 - Declaring the North 56th Street and
               Arbor Road Redevelopment Area as blighted and
               substandard generally bounded by North 70th Street
               on the east, North 40th Street on the west, either
               side of Interstate 80, between Bluff Road on the
               north and Salt Creek on the south, except the
               Bluff Road Landfill Facility.
               Fact Sheet (266K)
               Attachment (3694K)

43)  05R-254   CPC 05009 - Approving an amendment to the
               University Place Redevelopment Plan to add the
               former Lincoln Telephone and Telegraph building
               and an adjacent residential property on the corner
               of North 49th Street and Huntington Avenue for
               reconstruction as a Lincoln Police Department
               Substation.
               Fact Sheet (423K)


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.

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 2:34 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