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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD MONDAY, OCTOBER 4, 2004 AT 1:30 P.M. ALL MEMBERS PRESENT PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of Slapshotz Bar & Grill, Inc. dba Slapshotz Bar & Grill for a Class I liquor license at 1245 Libra Drive, Suite 110. (ADOPTED FOR APPROVAL, 6-0; CAMP ABSENT; A-83014) 2) Manager application of Jose S. Ruiz for Slapshotz Bar & Grill, Inc. dba Slapshotz Bar & Grill at 1245 Libra Drive, Suite 110. (ADOPTED FOR APPROVAL, 6-0; CAMP ABSENT; A-83015) PUBLIC HEARING ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 3 THRU 17 HAD 2ND READING; SEE ITEM #3, 13, & 17) 3) 04R-266 Misc. No. 03012 - Adopting the City of Lincoln Program for Payment of Arterial Street Impact Fee to Promote Economic Development. (In connection w/04-179) (ACTION DELAYED FOR ONE WEEK TO 10/11/04, 6-0; CAMP ABSENT) Fact Sheet (151K) 4) 04-179 Change of Zone 04058 - Amending Title 27 of the Lincoln Municipal Code to amend the Impact Fee Ordinance to adopt a new method for the reimbursement of arterial street impact fees for qualifying economic development projects to be made in conformance with a specific policy statement adopted by resolution of the City Council rather than by a vote of at least five City Council members.(In connection w/04R- 266) Fact Sheet (32K) 5) 04-175 Amending Chapter 5.36 of the Lincoln Municipal Code relating to Peddlers to clarify that hearings for the revocation of a peddler's permit shall be held before the Permit Review Board, and to establish the Permit Review Board, rather than the City Council, as the board to hear the appeal of an applicant denied a peddler permit. Fact Sheet (13K) 6) 04-176 Amending Chapter 9.32 of the Lincoln Municipal Code relating to Lotteries to define the purposes to which lottery and raffle profits are to be devoted, to allow the City Clerk to approve or deny applications for lottery and raffle permits, to establish an appeal procedure for denied applications, to create an appeals board, and to revise the procedure on revocation of permits. Fact Sheet (13K) 7) 04-177 Amending Section 3.04.040 of the Lincoln Municipal Code to increase the fees charged by the City for photostatic copies, typewritten copies of any record, and use of the corporate seal on any attestation, acknowledgment or other certificate. Fact Sheet (11K) 8) 04-178 Amending Section 10.06.160 of the Lincoln Municipal Code to make the general classification of violations of the provisions of Title 10 consistent with the general classification of traffic violations of the Nebraska Rules of the Road. Fact Sheet (20K) 9) 04-181 Change of Zone 04042 - Amending Chapter 27.69 of the Lincoln Municipal Code relating to permitted signs in the H-3 zoning district to clarify language and to allow on-premises pole signs located within 660 feet of the designated interstate to include electronic changeable copy up to 240 square feet in the sign area, and relating to permitted signs in non-residential district to allow an exception to the maximum changing sign area. Fact Sheet (445K) 10) 04-182 Change of Zone 04044 - Amending Title 27 of the Lincoln Municipal Code relating to zoning by amending Section 27.07.040 to eliminate the requirement that a community unit plan in the AG district shall contain a minimum area of 75 acres; by amending Section 27.65.020 to provide provisions regarding approval of a community unit plan in the BTA Overlay District with underlying AG or AGR zoning to require that in the BTA Overlay District the land within a community plan be divided into two components, an Acreage Development Component and an Urban Reserve Component, to provide density bonus, and to provide for the timing of subdivision and development of each component; by amending Section 27.65.030 to provide that the application for a community unit plan shall be filed with the Planning Department rather than the Department of Building and Safety and to require the execution of an agreement between the City and the permittee for development of a community unit plan located in the BTA Overlay District; by amending Section 27.65.070 to provide for the form of community plan in the R-1 through R-6 zoning districts and in the AG and AGR zoning districts not within the BTA Overlay District; by adding a new section numbered 27.65.075 to provide for the form of a community unit plan in the BTA Overlay District; by adding a new section numbered 27.83.010 to provide regulations for the BTA Build Through Acreage Overlay District; by adding a new section numbered 27.83.020 to describe the purpose of the BTA Overlay District; by adding a new section numbered 27.83.030 to establish the district boundaries for the BTA Overlay District; by adding a new section numbered 27.83.040 to establish use regulations for the BTA Overlay District; by adding a new section numbered 27.83.050 to provide provisions governing the use of an undersized lot for a single family dwelling pursuant to a special permit for a community unit plan in the BTA Overlay District;by adding a new section numbered 27.83.060 to establish area, height, grading and land use disturbance, parking, and sign regulations for the BTA Overlay District. (In connection w/04-183, 04-184, 04R-267) Fact Sheet (448K) 11) 04-183 Misc. No. 04008A - Amending Title 26 of the Lincoln Municipal Code relating to the Land Subdivision ordinance by amending Section 26.11.037 to eliminate the provision that a preliminary plat shall only be effective for a period of ten years from the date of the City's approval; by amending Section 26.11.038 to provide provisions regarding the installment or construction of utilities within the Acreage Development Component of a community unit plan located in the BTA Overlay District; by adding a new section numbered 26.15.050 to require a transitional preliminary plat for the future conversion of the Acreage Development Component and development of the Urban Reserve Component for community unit plans within the BTA Overlay District and to delineate required information to be shown on the transitional preliminary plat; by adding a new section numbered 26.23.122 to require easements and dedications for future use of land for streets and public utilities under the future conversion of the Acreage Development Component of a community unit plan to be included as part of any final plat for the original development of the Acreage Development Component. (In connection w/04-182, 04-184, 04R-267) Fact Sheet (1146K) 12) 04-184 Misc. No. 04008B - Amending Chapter 26.27 of the Lincoln Municipal Code relating to Minimum Improvements by amending Sections 26.27.020, Sidewalks; 26.27.070, Street Lighting; 26.27.080, Landscape Screens; and 26.27.090, Trees, to waive the requirement for the installation of the foregoing improvements for subdivisions located outside the city limits where all lots contain an area of one or more acres. (In connection w/04- 182, 04-183, 04R-267) Fact Sheet (1146K) 13) 04R-267 Misc No. 04011 - Amending the Design Standards under Chapter 2.20 - Rural Public Street Design Standards, to revise the title to Rural Public and Intermediate BTA Public Street Design Standards; to revise Section 1 to include provisions regarding paving of public streets in an area subject to application of BTA Build Through Acreage Standards and to establish design standards for rural streets which include elements of the City's Design Standards for both Urban and Rural Public Streets which will encourage ultimate transition to an acceptable urban street cross section; to revise Section 2.3 to require street alignments shown as being extended in the transitional plat to be graded in such a way as to encourage the eventual extension of the street; to revise Section 3.1 to reduce the minimum design speed for local streets; to revise Section 3.2 to clarify that obstructions shall not be placed in public street right-of-way as opposed to just the public street; to revise Section 3.3.2 to modify the table which sets the minimum radii for various design speeds; to revise Section 3.4.1.b. to provide that the maximum longitudinal grade for local streets will be 7%; to revise Section 3.4.2 to revise the table for minimum length vertical curves necessary to provide adequate safe entering sight distance; to revise Section 3.5 to provide for a rural cross section designed for future conversion to an urban cross section; to delete Section 3.5.2 relating to granular surfacing; to add a new Section 3.10 to provide for sidewalks and pedestrian accommodations, to provide for the elective construction of sidewalks in initial acreage subdivisions in BTA developments, and to require sidewalks when annexation of the subdivision and transition to higher densities occurs; and to substitute a new Figure RSI as a typical cross section for rural streets improvements. (In connection w/04-182, 04-183, 04-184)(ACTION DELAYED ONE WEEK TO 10/11/04, 6-0; CAMP ABSENT) Fact Sheet (904K) Attachment (89K) 14) 04-185 Change of Zone 04045A - Amending Title 27 of the Lincoln Municipal Code by amending Sections 27.27.080(b), 27.28.090(b), 27.31.100(b), and 27.37.070(e) to delete "the location of proposed free-standing signs" from the list of information to be included with the use permit application in the O-3 Office Park District, R-T Residential Transition District, B-2 Planned Neighborhood Business District, and B-5 Planned Regional Business District; by amending Section 27.69.083 to delete the requirement that the location, size and illumination of all signs be shown on the use permit application and that it be approved as part of said application and that the sign be in keeping with the character of the area in which it is located; by repealing Section 27.69.085 relating to permitted signs in a Corporate Office Park planned unit development; by amending Section 27.69.160 to eliminate the requirement that the location, size and illumination of signs be shown on the special permit application and be approved as part of said application and to eliminate the requirement that the sign be in keeping with the character of the area in which it is located; by amending Section 27.69.220 to eliminate the requirement concerning ground signs when part of a landscape screen approved by the Planning Director; by amending Section 27.70.050 to modify the requirements after approval of a use permit to allow building permits, certificates of occupancy, and subdivision of property to be issued or approved upon substantial compliance with the plot plan as approved and to grant the Planning Director the authority to review and determine if a proposal is in substantial conformance with the spirit and intent of the approved plan. (In connection w/04-186, 04-187, 04R-269) Fact Sheet (19K) 15) 04-186 Change of Zone 04045B - Amending Chapter 27.63 of the Lincoln Municipal Code relating to special permits by amending Sections 27.63.010, 27.63.070, 27.63.120, 27.63.130, 27.63.170, 27.63.210, 27.63.280, 27.63.400, 27.63.420, 27.63.430, 27.63.470, 27.63.530, 27.63.570, 27.63.580, and 27.63.590 to modify provisions within said sections to allow special permits to be approved by the Planning Commission rather than the City Council. (In connection w/04-185, 04-187, 04R-269) Fact Sheet (19K) 16) 04-187 Change of Zone 04045C - Amending Chapter 27.65 of the Lincoln Municipal Code relating to community unit plans by amending Section 27.65.020 to amend the general requirements to grant the Planning Commission authority to approve the special permit and to allow the plan to propose modifications to the height and area regulations of the district in which the community unit plan is located; by amending Section 27.65.030 to eliminate references to City Council approval of community unit plans, establishing standards for the Planning Commission to follow in approving or denying an application for a community unit plan, and providing for an appeal from the Planning Commission's decision to the City Council by an aggrieved party; by repealing Section 27.65.040 to eliminate City Council final action on the application; by amending Section 27.65.050 to revise provisions regarding development of the community unit plan after its approval; by amending Section 27.65.060 to grant the Planning Director limited authority to approve minor increases in the number of dwelling units and to approve minor internal changes to the applicable setback, yard or height requirements within a community unit plan; by amending Section 27.65.070 to delete the need for the City Clerk to sign a certificate showing approval or disapproval by the City Council; by amending Section 27.65.090 to allow the Planning Commission to modify parking requirements under specified conditions. (In connection w/04-185, 04-186, 04R-269) Fact Sheet (19K) 17) 04R-269 Misc. No. 04009 - Amending Chapter 3.35 of the City of Lincoln Design Standards for Community Unit Plans to simplify the density calculation and amend the cluster density. (In connection w/04- 185, 04-186, 04-187) (ACTION DELAYED FOR ONE WEEK TO 10/11/04, 6-0; CAMP ABSENT) Fact Sheet (16K) Attachement (355K) PUBLIC HEARING - RESOLUTIONS 18) 04R-257 Appointing and reappointing Jose A. Quintero to the Citizen Police Advisory Board to fill an unexpired term expiring November 17, 2004 and for a three-year term expiring November 17, 2007. (ADOPTED, 7-0; A-83016) Attachment (51K) 19) 04R-258 Assessing Nuisance Abatement Costs associated with the clearing of public nuisances by the Health Department to the following benefitted properties: 1534 N. 25th, 4626 Calvert, 820 C, 645 W. C, 2832 Dudley, 425 N. 28th, 3015 N. 75th St Court, 1412 Rose, 1036 Y, 3000 Mickaela Lane, 2744 Starr, 1427 Sumner, 3335 N. 3rd, 1604 Roselyn Terrace, 6910 Starr, and 1525 N. 58th. (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83017) Attachment (225K) Fact Sheet (225K) 20) 04R-259 Approving the 2004-05 Work Plan for the Stormwater Interlocal Agreement between the City and Lower Platte South Natural Resources District to address stormwater quality and quantity issues. (ADOPTED, 7-0; A-83018) Attachment (125K) Fact Sheet (66K) 21) 04R-260 Appointing Khamisa E. Abdalla and Danielle M. Nantkes to the Community Development Task Force for a three-year term expiring August 31, 2007. (DIVISION OF QUESTION: APPOINT. OF ABDALLA ADOPTED, 7-0; APPOINT. OF NANTKES ADOPTED, 6-1; FRIENDT DISSENTING; A-83019) Attachment (141K) 22) 04R-261 Appointing Carl Tesch and Martha M. Hettenbaugh to the Lincoln Area Agency on Aging Advisory Council for two-year terms expiring July 1, 2006. (ADOPTED, 7-0; A-83020) Attachment (80K) 23) 04R-262 Appointing Ed Caudill to the Community Forestry Advisory Board for a three-year term expiring August 17, 2007. (ADOPTED, 7-0; A-83021) Attachment (25K) 24) 04R-263 Reappointing Cindy M. Wostrel and Glenda Peterson to the Community Forestry Advisory Board for three-year terms expiring August 17, 2007. (ADOPTED, 7-0; A-83022) 25) 04R-264 Special Permit 1654B - Application of Ross and Kara Parde to amend Pine Lake Heights Community Unit Plan to reduce the rear yard setback from 22 feet to 15 feet to allow a garage with a deck above at 3500 Pela Verde Circle. (ADOPTED, 7-0; A-83023) 26) 04R-265 Approving the acquisition and dedication of 0.21 acres of park land by the City on property generally located at the southeast corner of 19th and A Streets (Near South Park). (ADOPTED, 7-0; A-83024) Fact Sheet (123K) 27) 04R-268 Waiver No. 04010 - Application of the University of Nebraska Foundation to waive the requirement of the Land Subdivision Ordinance that sidewalks and street trees be installed within four years of final plat approval, on property generally located at N.W. 1st Street and W. Highland Blvd. (ACTION DELAYED ONE WEEK TO 10/11/04, 7-0) Fact Sheet (250K) 28) 04R-270 Approving a multi-year Agreement between the Lincoln-Lancaster County Health Department and the University of Nebraska Medical Center for the Katie Beckett Program for nursing services to children and families through the Nebraska Medicaid Plan Amendment. (ADOPTED, 7-0; A-83025) Attachment (162K) Fact Sheet (230K) - END OF PUBLIC HEARING - CONSENT AGENDA: PETITIONS & COMMUNICATIONS 29) THE FOLLOWING WERE REFERRED TO PLANNING DEPARTMENT: Change of Zone 04061 - Application of E-S-P for a change from AGR to R-3 on property at S.W. 27th and West Washington St. Special Permit 1384E - Application of Michael Smith to reduce the rear yard setback on property at 633 Marina Bay Place. 30) MISCELLANEOUS REFERRALS Clerk's letter and Mayor's approval of Ordinances and Resolutions passed by Council on September 27, 2004. (PLACED ON FILE) REPORTS OF CITY OFFICERS 31) Report from City Treasurer of Franchise Tax for the month of August, 2004 from Aquila. (PLACED ON FILE) 32) Report from City Treasurer of Telecommunications Taxation for the month of August, 2004: Excel, Norston Network, Sprint Comm., Alltel Systems of the Midwest, Alltel Nebraska Inc., Alltel Communications of Nebraska, Nextel West, D & D Comm., Sprint Spectrum, Aernex Comm., Lightyear Network Solutions, Association Adm., Globalcom, LDMI, Tri-M, NOS, Zone Telecom., GTC, Acceris, Affinity Network, One Call, 360Networks, Nextel Partners, Telecorp, ATT Wireless, Vartec, NOSVA Ltd., ATS Mobile. (PLACED ON FILE) - END CONSENT AGENDA - ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 33 THRU 42 HAD 1ST READING) 33) 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) Fact Sheet (237K) 34) 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 or property generally located at North 56th Street and Arbor Road. (In connection w/04-188, 04-189, 04R-272) Attachment (527K) 35) 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) Fact Sheet (216K) 36) 04R-272 Special Permit 2004 - Application of Hartland Homes, Inc., Rodger & Eldonna Schwisow to develop 125,000 of planned service commercial floor area, with variances to the rear and side yard setback requirements on property generally located at North 56th Street and Arbor Road. (In connection w/04-188, 04R-273, 04R-189, 04R-272) Fact Sheet (535K) 37) 04-190 Annexation 04004 - Amending the Lincoln Corporate Limits Map by annexing approximately 10.23 acres of property generally located at South 98th Street and Old Cheney Road. (In connection w/04R-274, 04-191, 04R-271) Fact Sheet (382K) 38) 04R-274 Approving the Vintage Heights 4th Addition Annexation and Zoning Agreement between the City and Pine Lake Development, L.L.C., relating to the annexation of approximately 10.23 acres, generally located at South 98th Street and Old Cheney Road. (In connection w/04-190, 04-191, 04R-271) Attachment (291K) 39) 04-191 Change of Zone - Application of Pine Lake Development, L.L.C. for a change of zone from AG Agricultural and AGR Agricultural Residential to R-3 Residential for approximately 10.23 acres generally located at South 98th Street and Old Cheney Road. (In connection w/04-190, 04R-274, 04R-271) Fact Sheet (489K) 40) 04R-271 Special Permit 1762B - Application of Pine Lake Development L.L.C. to amend the Vintage Heights Community Unit Plan to expand the boundary of the community unit plan and waivers to the preliminary plat process, wastewater collection system, sanitary sewer running opposite greet grades in Vine Cliff Drive, transfer of sanitary sewer from one basin to another, dead-end street to have a 60' minimum radius turnaround, lots exceeding a maximum depth of three times its width for Lots 11 and 12, Block 33, and minimum lot depth of less than 120 feet for lots abutting a major street for Lots 8 and 9, Block 33, on property generally located at South 98th Street and Old Cheney Road. (In connection w/04-190, 04R-274, 04-191) Fact Sheet (646K) 41) 04-192 Approving a License Agreement between the City and Alltel for the placement of telecommunications facilities to be located on City property at Max Roper Park. Attachment (958K) Fact Sheet (10K) 42) 04-193 Approving a License Agreement between the City and Alltel for the placement of telecommunications facilities to be located on City property at Star City Shores. Attachment (1093K) Fact Sheet (10K) ORDINANCES - 3RD READING 43) 04-158 Creating Paving District No. 2629 in a portion of West Benton Street from the west curb line of North First Street to the west approximately 600 feet. (PASSED, 5-2, NEWMAN, WERNER DISSENTING; #18447) Fact Sheet (32K) 44) 04-173 Amending Chapter 5.38 of the Lincoln Municipal Code relating to motels, hotels, rooming, lodging, and apartment houses to add definitions of dwelling unit and rooming unit, to provide for an annual inspection, to provide for an interior inspection procedure, and to require tenant brochures. (AMENDED, 5-2; COOK, WERNER DISSENTING; PASSED AS AMENDED, 7-0; #18448) Fact Sheet (29K) RECONSIDERATION 45) 04R-238 Adopting the LES Rate Schedules, Service Regulations and Cost Analysis Summary for Rates effective October 1, 2004. (9/27/04 - Motion to Reconsider for Action only on 10/4/04 passed 5-2; Dissenting: Camp, Newman)(ACCEPTED A SUBSTITUTE RESOLUTION, 7-0; ADOPTED SUBSTITUTE RESOLUTION, 7-0; A-83026) Fact Sheet (29K) Substitute (10K) PENDING LIST - DATE CERTAIN 46) 04R-228 Comp. Plan Amendment 04020 - Amending the Mobility and Transportation element of the Lincoln/Lancaster County Comprehensive Plan, to upgrade existing US Highway 77/West Bypass from an expressway to a freeway beginning at the planned South Beltway interchange just south of Saltillo Road and ending at Interstate 80, to construct new interchanges at Pioneers Boulevard and Warlick Boulevard, to close access to US-77 at Rokeby Road, Yankee Hill Road and Old Cheney Road, and to change the future functional classification of US- 77 from I-80 to the South Beltway interchange, the South Beltway and the East Beltway to freeway status. (9/13/04 - Action Delayed 2 weeks to 9/27/04) (9/27/04 - Action Delayed 2 weeks to 10/11/04) Fact Sheet (463K) 47) 04R-241 Special Permit 04035 - Application of Chris Kodad and Believer's Fellowship Church to develop Andrea's Court Community Unit Plan consisting of 32 townhouse units and a church, with requested waivers to eliminate the preliminary plat process, detention/retention storage for storm water, sidewalks on both sides of the private roadway, minimum lot area, cul-de-sac geometry, and the required yard setbacks, on property generally located at 40th and Superior Streets. (9/20/04 - Public Hearing & Action Con't. 1 wk to 9/27/04) (9/27/04 - Public Hearing & Action Con't. 2 wks to 10/11/04) Fact Sheet (972K) PENDING LIST (EXTENDED ONE WEEK) 48) 00-65 Change of Zone 3196 - App. of the Interim Planning Director for a change from B-1 Local Business & R-3 Residential to B-2 Planned Neighborhood Business & from R-3 Residential to AGR Agricultural Residential, on property generally located at S. Coddington Ave. & W. Van Dorn St. (In connection w/00-67) (4/17/00 - Placed on Pending) (3/5/01 - Placed on Pending) Fact Sheet (1.4M) 49) 00-67 Change of Zone 3247 - App. of the Interim Planning Director for a change from AGR Agricultural Residential & R-3 Residential to B-2 Planned Neighborhood Business, on property generally located on the southwest corner of S. Coddington Ave. & W. Van Dorn St. (In connection w/00-65) (4/17/00 - Placed on Pending) (3/5/01 - Placed on Pending) Fact Sheet (949K) 50) 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 (1.1M) 51) 01-182 Amending Chapter 5.36 of the Lincoln Municipal Code relating to Peddlers by adding a new section to prohibit use by peddlers of any truck over 21 feet in length in any residential zoning district, except for the purpose of delivery goods. (12/17/01 - Placed on Pending until 1/14/02) (1/7/02 - To remain on Pending)(WITHDRAWN, 7-0; #38-4485) Fact Sheet (4K) 52) 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) 53) 04-13 Change of Zone 3429 - Application of William Krein for a change of zone from R-4 Residential District to R-T Residential Transition District on property generally located at S. 56th Street and Pine Lake Road. (2/2/04 - Public Hearing & Action con't to 3/1/04) (3/1/04 - Placed on Pending) (Request of applicant to Withdraw) (WITHDRAWN, 7-0; #38-4486) Fact Sheet (825K) 54) 04R-12 Special Permit 1713B - Application of William Krein to amend the boundaries of Aspen 3rd Addition Community Unit Plan and add ten residential lots for a total of 205 single family, townhouse, and multi-family units on property generally located at S. 56th Street and Pine Lake Road. (In connection w/04R-13, 04-13) (2/2/04 - P.H. & Action Con't. to 3/1/04) (3/1/04 - Placed on Pending) (Request of applicant to Withdraw)(WITHDRAWN, 7-0;#38-4487) Fact Sheet (785K) 55) 04R-13 Use Permit 155 - Application of William Krein to construct nine 5,000 sq. ft. office buildings on property generally located at S. 56th Street and Pine Lake Road. (In connection w/04R-12, 04-13) (2/2/04 - P.H. & Action Con't. to 3/1/04) (3/1/04 - Placed on Pending) (Request of applicant to Withdraw) (WITHDRAWN, 7-0;#38-4488) Fact Sheet (762K) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, OCTOBER 11, 2004 AT 1:30 P.M.: (APPROVED, 7-0) 56) 04R-275 Approving an Interlocal Agreement between the City and County for the construction and maintenance of the Yankee Hill Road Project No. 701596 from 27th Street to 40th Street and 40th Street from San Mateo to south of Yankee Hill Road. Attachment (220K) Fact Sheet (93K) 57) 04R-276 Accepting the report of new and pending claims against the City and approving disposition of claims set forth therein for the period of September 16 - 30, 2004. Attachment (32K) Fact Sheet (13K) 58) 04R-277 Appointing Kim Phelps, Beatty Brasch, and Nye Bond to the StarTran Advisory Board for three-year terms expiring October 20, 2007. Attachment (91K) 59) 04R-278 Reappointing Rodney Griess to the StarTran Advisory Board for a three-year term expiring October 20, 2007. FRIENDT ANNOUNCED HIS REQUEST TO CHANGE HIS VOTE OF 9/27/04 FROM YES TO "NO" ON BILL NO. 04R-255 (NEW SCHEDULE FOR WATER USE CHARGES). UNANIMOUS CONSENT. 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. 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 (10/6/04) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (10/11/04). 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. ADJOURNMENT 5:45 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 ***