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Formal Agenda

 


    THE FOLLOWING WILL BE HELD IN THE CITY COUNCIL CHAMBERS
     MAYOR SENG WILL DELIVER THE STATE OF THE CITY MESSAGE
             ON MONDAY, JUNE 27, 2005, AT 3:00 P.M.
         THE CITY BUDGET WILL BE PRESENTED AT 3:30 P.M.
      IMMEDIATELY FOLLOWING THE STATE OF THE CITY MESSAGE
                     *********************

        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
              MONDAY, JUNE 27, 2005 AT 5:30 P.M.

         NOTE: THERE WILL BE NO CITY COUNCIL MEETING THE
     WEEK OF JULY 4TH DUE TO THE HOLIDAY. THE NEXT COUNCIL
             MEETING WILL BE JULY 11TH AT 1:30 P.M.

                      ALL MEMBERS PRESENT


PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 1 HAD 2ND READING)

1)   05-83     Change of Zone 05038 - Application of Pine
               Lake Heights Congregation of Jehovah's
               Witnesses, Inc. for a change of zone from AGR
               Agricultural Residential District to R-1
               Residential District on property generally
               located northwest of the intersection of S.
               70th Street and Pine Lake Road.
               Fact Sheet (295K)


PUBLIC HEARING - RESOLUTIONS

2)   05R-121   Approving an Agreement between the City and
               the Nebraska Dept. of Roads so that federal
               and state funding may be used for the Design
               and Construction of the Safety Improvement
               Project at the intersections of 9th and 10th
               Streets at Van Dorn Street. (6/20/05 - P.H.
               Con't. to 6/27/05) (PLACED ON PENDING WITH PUB. 
               HEARING & ACTION UNTIL 8/1/05, 7-0)
               Fact Sheet (79K)
               Attachment (462K)

3)   05R-133   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 1 - 15,
               2005. (ADOPTED, 7-0; A-83389)
               Fact Sheet (13K)
               Attachment (22K)

4)   05R-137   Approving the Fiscal Year 2005 Action Plan: One
               Year Use of Funds for Consolidated Plan for HUD
               Entitlement Programs. (ADOPTED, 7-0; A-83390)
               Fact Sheet (65K)
               Attachment (6K)
               Attachment 2 (1484K)

5)   05R-138   Approving the 2005 - 2009 Strategic Plan for
               Community Development Strategies to be carried
               out in Lincoln. (ADOPTED, 7-0; A-83391)
               Fact Sheet (65K)
               Attachment (6K)
               Attachment 2 (1983K)

                     - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

6)             Setting the hearing date of Monday, July 11, 2005
               at 1:30 pm for an Application of Twisted Steele
               Inc dba Lazzari's Pizza for the expansion of their
               licensed premise for a sidewalk cafe approximately
               14 feet by 19 feet located at 1434 "O" Street. 
               (ADOPTED, 7-0; A-83392)

7)             Setting the hearing date of Monday, July 11, 2005
               at 1:30 pm for an Application of HyVee Inc dba
               HyVee #4 for a Class C Liquor License located 
               at 6001 Village Drive. (ADOPTED, 7-0; A-83393)

8)             Setting the hearing date of Monday, July 18, 2005
               at 1:30 pm for an Application of JSCK Inc dba
               Top Hat for a Class C Liquor License located at
               736 W. Cornhusker Highway. (ADOPTED, 7-0; 
               A-83394)

9)             Setting the hearing date of Monday, July 18, 2005
               at 1:30 pm for a Manager Application of Jared M.
               Powell for Lincoln Steak Company LLC dba Whiskey
               Creek Steakhouse located at 3000 Pine Lake Road. 
               (ADOPTED, 7-0; A-83395)

10)            Setting the hearing date of Monday, July 18, 2005
               at 1:30 pm for an Application of Nebraska Inc dba
               from Nebraska Gift Shop for a Class CK Liquor
               License located at 803 "Q" Street. (ADOPTED, 
               7-0; A-83396)

11)            Setting the hearing date of Monday, July 18, 2005
               at 1:30 pm for an Application of Jade Rivers LLC
               dba Jade Rivers for a Class I Liquor License located
               at 3940 Village Drive. (ADOPTED, 7-0; A-83397)

12)            FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Change of Zone 05044 - Application submitted
               by the Director of Urban Development, from B-3
               Commercial District to R-4 Residential District,
               on property located at N. 47th Street between
               Cleveland and Baldwin Avenue.
               Change of Zone 05046 - Application submitted
               by Jason Scott, to amend Section 27.71.08 of the
               Lincoln Municipal Code to provide additional
               circumstances under which fences may be erected to
               a height in excess to seventy-six inches.
               Change of Zone 05047 - Application submitted
               by the Director of the Planning Department, to amend
               Section 27.45.070 of the Lincoln Municipal Code to
               change the maximum height requirement from 35 feet to
               45 feet in the H-4 General Commercial District.
               Special Permit 05032 - Application submitted by
               Cynthia J. Swanson, for the expansion of a non-
               conforming use for the consumption of alcohol on the
               premises, on property located at S. 70th Street and A
               Street.


13)  MISCELLANEOUS REFERRALS

               Setting the hearing date of Monday, July 18, 2005 
               at 1:30 p.m. for the Application of Allen Enterprises 
               Inc dba Earls Tavern for an addition to their licensed 
               premise for a beer garden approximately 20 feet by 24 
               feet located at 5555 Superior Street. (ADOPTED, 7-0; 
               A-83398)

               Setting the hearing date of Monday, July 18, 2005 at 
               1:30 p.m. for the Application of Overland Station dba 
               BJK Inc for an addition to their licensed premise for 
               a beer garden approximately 38 feet by 7 feet on the 
               northwest corner of the building located at 2805 NW 
               48th Street. (ADOPTED, 7-0; A-83399)

               Clerk's Letter and Mayor's Approval of Ordinances and 
               Resolutions passed by the City Council on June 20, 
               2005. (PLACED ON FILE)


REPORTS OF CITY OFFICERS

14)            Report from City Treasurer of city cash on hand at
               the close of business on May 31, 2005. (PLACED 
               ON FILE)

                          - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 15 THRU 
17 HAD 1ST READING)

15)  05-87     Authorizing and providing for the issuance of
               not to exceed $18,000,000 aggregate principal
               amount of sanitary sewer revenue bonds of the
               City of Lincoln, Nebraska.

16)  05-88     Change of Zone 05041 - Application of Pioneer
               Woods LLC for a change of zone from O-3
               Office Park District to B-2 Planned
               Neighborhood Business District on property
               generally located at S. 70th Street and
               Pioneers Blvd. (In connection w/05R-
               139)
               Fact Sheet (267K)

17)  05R-139   Use Permit 130A - Application of Pioneer Woods LLC
               to develop an 85-room, four-story hotel, with
               requested waivers of the requirement rear yard
               setbacks and maximum allowed height, on property
               generally located at S. 70th Street and Pioneers
               Blvd. (In connection w/05-88) (Action Date:
               7/18/05)
               Fact Sheet (599K)


ORDINANCES - 3RD READING

18)  05-75     Street Name Change 05002 - Naming streets in
               the Antelope Valley Project vicinity of North
               17th and Y Streets to name realigned North
               17th Street as "North 17th Street" and the
               new street between North 16th and North 17th
               Street as "X Street". (PASSED, 7-0; #18563)
               Fact Sheet (50K)

19)  05-76     Approving a Sublease Agreement between the
               City and Lincoln Action Program for providing
               job training and employment services under
               the Workforce Investment Act in the One-Stop
               Center located in Gold's Galleria, 1010 N
               Street, Lincoln, NE. (PASSED, 7-0; #18564)
               Fact Sheet (54K)
               Attachment (848K)

20)  05-77     Repealing Ordinance No. 18374 creating Paving
               District No. 2628 in North 36th Street, W to
               Vine Streets, due to the lack of majority
               petition. (PASSED, 7-0; #18565)
               Fact Sheet (56K)

21)  05-78     Approving an Agreement between Wynne
               Transport Services, Inc. and the Lincoln Area
               Agency on Aging/LIFE for the lease of office
               space for a one-year term in Geneva,
               Nebraska, for the out posted counselor in
               Fillmore County for the Medicaid Waiver
               program. (PASSED, 7-0; #18566)
               Fact Sheet (61K)
               Attachment (59K)

22)  05-79     Approving an Agreement between the Polk
               County Health Department and the Lincoln Area
               Agency on Aging/LIFE for the lease of office
               space for a one-year term in Osceola,
               Nebraska, for the outposted counselor in the
               Polk County Care Management program. (PASSED, 
               7-0; #18567)
               Fact Sheet (65K)
               Attachment (58K)

23)  05-80     Approving an Agreement between the Polk
               Senior Center and the Lincoln Area Agency on
               Aging/LIFE for the lease of office space for
               a one-year term in Polk, Nebraska, for the
               outposted counselor in Polk County for the
               Medicaid Waiver program. (PASSED, 7-0; 
               #18568)
               Fact Sheet (67K)
               Attachment (59K)

24)  05-81     Approving a 10-year Agreement between the
               Woods Park Tennis Corp. and the City for
               operation of the Woods Tennis Center. (PASSED, 
               7-0; #18569)
               Fact Sheet (79K)
               Attachment (256K)

25)  05-82     Approving the renewal of a lease agreement
               between the City and American Legion Post #3
               for the operation and use of Sherman Field.
               (PASSED, 7-0; #18570)
               Fact Sheet (58K)
               Attachment (173K)


PENDING LIST - DATE CERTAIN

26)  05R-115   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of May 16 - 31,
               2005. (6/13/05 - P.H. & Action con't. on claim
               of Judith Troutman for 1 week to 6/20/05)
               (Request of claimant to con't. P.H. & Action to
               7/11/05) (6/20/05 - Pending; P.H. & Action to be
               held 7/11/05)
               Fact Sheet (13K)
               Attachment (20K)

27)  05R-134   Comp. Plan Amendment No. 05014 - Amending the
               Lincoln/Lancaster County Comprehensive Plan by
               deleting references to the Theater Policy and
               entertainment in the Downtown, and by deleting one
               statement requiring market studies for proposed
               new theaters outside of the Downtown area. (In
               connection w/05-85, 05-86, 05R-135, 05R-136)
               (Action Date: 7/11/05) (6/20/05 - Placed on
               Pending to 7/25/05 with P.H.)
               Fact Sheet (1425K)

28)  05-85     Amending Section 27.63.630(c) of the Lincoln
               Municipal Code Zoning Ordinance for theaters
               in the B-5 Planned Regional Business
               District, to allow theaters with more than
               six screens, provided they are located
               outside a 6.5 mile radius measured from the
               center of the intersection of 13th and O
               Streets. (In connection w/05-86, 05R-134,
               05R-135, 05R-136) (6/20/05 - Placed on Pending
               to 7/25/05 with P.H.)
               Fact Sheet (370K)

29)  05-86     Change of Zone 05036 - Application of Eiger
               Corporation for a change of zone from AG
               Agricultural District to B-5 Planned Regional
               Business District on property generally
               located at South 91st Street and Pine Lake
               Road. (In connection w/05R-134, 05-85,
               05-86, 05R-135, 05R-136) (6/20/05 - Placed
               on Pending to 7/25/05 with P.H.)
               Fact Sheet (408K)

30)  05R-135   Appeal of Eiger Corporation 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 Street and Pine Lake
               Road. (In connection w/05R-134, 05-85, 05-86,
               05R-136) (Action Date: 7/11/05) (6/20/05 - Placed
               on Pending to 7/25/05 with P.H.)
               Fact Sheet (672K)

31)  05R-136   Appeal of Eiger Corporation from the Planning
               Commission denial of Use Permit 140B to allow
               950,983 sq. ft. of commercial and office floor
               area, on property generally located at S. 91st
               Street and Pine Lake Road. (In connection w/
               05R-134, 05R-135, 05-85, 05-86) (Action Date:
               7/11/05) (6/20/05 - Placed on Pending to 7/25/05
               with P.H.)
               Fact Sheet (1046K)


PENDING LIST   (EXTENDED ONE WEEK)

32)  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)

33)  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)

34)  02-114    Amending Chapter 2.54 of the Lincoln Municipal
               Code by adding a new section entitled "Standards
               of Ethical Conduct for Employees and Elected
               Officials" to supplement the existing conflicts of
               interest regulations. (7/29/02 - Placed on
               Pending until a committee is formed)
               Fact Sheet (3K)

35)  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) (10/11/04 - Placed on Pending Indefinitely)
               Fact Sheet (237K)

36)  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 on
               property generally located at North 56th Street
               and Arbor Road. (In connection w/04-188, 04-
               189, 04R-272) (10/11/04 - Placed on Pending
               Indefinitely)
               Attachment (527K)

37)  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) (10/11/04 - Placed on Pending
               Indefinitely)
               Fact Sheet (217K)

38)  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 and side
               yard setback requirements on property located at
               North 56th Street and Arbor Road. (In connection
               w/04-188, 04R-273, 04R-189, 04R-272) (10/11/04 -
               Placed on Pending Indefinitely)
               Fact Sheet (535K)

39)  05R-29    Application of Capital Humane Society for a waiver
               of Lincoln Municipal Code Chapter 2.81 Living Wage
               Ordinance. (2/14/05 - Pending, No Date
               Certain)
               Fact Sheet (38K)
               Attachment (657K)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
HEARING ON MONDAY, JULY 11, 2005 AT 1:30 P.M.:   (APPROVED, 7-0)

40)  05R-140   Use Permit 123D - Application of North 33rd LLC to
               amend the Landmark Corporate Center to waive the
               20 foot rear yard setback on Outlot D and Lots 9
               and 10, Block 2, to accommodate driving aisles, to
               wiave the 50 foot front yard setback for Lots 9
               and 10, Block 2, and to waive the 20 foot side
               yard setback between Lots 4 - 11, Block 2, and
               Outlot D, for the location of share access drives,
               on property generally located at North 33rd Street
               and Folkways Blvd.
               Fact Sheet (337K)

41)  05R-141   Approving an Interlocal Agreement between the City
               and the Railroad Transportation Safety District to
               provide funding for the construction of a bridge
               over Middle Creek and a viaduct in S.W. 40th
               Street over the Burlington Northern Santa Fe
               Railroad tracks.
               Fact Sheet (66K)
               Attachment (1135K)

42)  05R-142   Approving an Interlocal Agreement between the City
               and Lancaster County to provide funding for
               construction of a bridge over Middle Creek in S.W.
               40th Street.
               Fact Sheet (58K)
               Attachment (1283K)

43)  05R-143   Approving an Agreement between the City and the
               Nebraska Dept. of Roads to provide funding for
               construction of an overpass in S.W. 40th Street
               over the existing Burlington Northern Santa Fe
               Railroad tracks.
               Fact Sheet (60K)
               Attachment (1130K)

44)  05R-144   Adopting the LES Rate Schedules, Service
               Regulations and Cost Analysis Summary for Rates,
               providing for a system average rate increase of 9
               percent, effective August 1, 2005.
               Attachment (6K)


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
(7/6/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(7/11/05).


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. THE OPEN MICROPHONE SESSIONS FOR JUNE WILL BE
THE 13TH AND 27TH.


ADJOURNMENT	6:20 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