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Formal Agenda

 

       ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                   MONDAY, JULY 11, 2005 AT 1:30 P.M.
                                        
MAYOR'S AWARD OF EXCELLENCE - JUNE 2005 RECIPIENT IS JASON
        BROWNELL OF THE POLICE DEPARTMENT IN THE CATEGORY OF
        SAFETY AND PRODUCTIVITY. 
      
 
PUBLIC HEARING                                           
LIQUOR RESOLUTIONS
 
1)             Application of Hy-Vee, Inc. dba Hy-Vee #4 for a
               Class C liquor license at 6001 Village Drive.
	       (ADOPTED FOR APPROVAL, 6-0; MCROY ABSENT; A-83400)

2)             Manager application of Jeff E. Quandt for Hy-Vee,
               Inc. dba Hy-Vee #4 at 6001 Village Drive.
               (ADOPTED FOR APPROVAL, 6-0; MCROY ABSENT; A-83401)
3)             Application of The Noodle Shop, Co. -- Colorado,
               Inc. dba Noodles & Company for a Class I liquor
               license at 210 North 14th Street.
               (ADOPTED FOR APPROVAL, 6-0; MCROY ABSENT; A-83402)
4)             Manager application of Christopher F. Dakin for
               The Noodle Shop, Co. -- Colorado, Inc. dba Noodles
               & Company at 210 North 14th Street.
               (ADOPTED FOR APPROVAL, 6-0; MCROY ABSENT; A-83403)
5)             Application of Twisted Steele, Inc. dba Lazzari's
               Pizza for an addition to its presently licensed
               premises to read as follows:  the one story
               building approximately 46' x 140', including
               basement area and sidewalk caf‚ approximately 14'
               x 19', excluding garage area 21' by 18' to the
               west, on property generally located at 1434 O
               Street.
               (ADOPTED FOR DENIAL, 6-1; SVOBODA DISSENTING; 
               A-83404)  

   
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS
   (ITEMS 6 THRU 8 HAD 2ND READING)              

6)   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.

7)   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)

8)   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)


PUBLIC HEARING - RESOLUTIONS

9)   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)
               (ADOPTED, 7-0; A-83405)

10)  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
               waive 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)
               (ADOPTED, 7-0; A-83406)

11)  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)
               (ADOPTED, 7-0; A-83407)

12)  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)
               (ADOPTED, 7-0; A-83408)

13)  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)
               (ADOPTED, 7-0; A-83409)

14)  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)
               (ACTION DELAYED ONE WEEK TO JULY 18, 2005, 7-0)

                         - END OF PUBLIC HEARING -


CONSENT AGENDA:  

PETITIONS & COMMUNICATIONS

15)         THE FOLLOWING HAVE BEEN SENT TO THE PLANNING
               DEPARTMENT:
               Change of Zone 04063 - App. of Planning Director
                    to amend the text of Chapter 27.68 of the
                    LMC for wireless facilities to eliminate the
                    requirement for an administrative permit when
                    collecting on existing wireless facilities and
                    to clarify how the fall zone is measured.
                    how the fall zone is measured.
               Special Permit 692M - App. of Brian Carstens and
                    Associates for an amendment to the Tabitha
                    Community 3rd Addition C.U.P. w/request to waive
                    the preliminary plat process to add approximately
                    5 dwelling units and a community building on 
                    property located at North 27th Street and Folkways
                    Boulevard.
               Special Permit 05034 - App. of Roger Moore of
                    Growth Management to allow for additional 
                    parking within the R-2 Residential District on               
                    property at S. 16th Street and South Street.


16)  MISCELLANEOUS REFERRALS

	        Report from City Treasurer of Telecommunications 
                Occupation Tax due for the month of April 2004: 
                TracFone; January 2005, Matrix Telecom; March 2005: 
                Norstan; April 2005: Cincinnati Bell, Qwest, UCN, 
                Verizon-Bell Atlantic, Telecorp, CIII Comm.
                Operations, Trans National, Intellicall, McLeodUSA, 
                VoiceCom, On Star, Working Assets, Global Crossing, 
                Verizon-Verizon Select, Advanced, Virgin Mobile USA, 
                XO Comm., ACN, Primus, IBM Global, T-Netix, Quantum 
                Shift, KDDI America, Star Number, Claricom, Matrix, 
                New Cingular, AT&T Comm. Of Midwest, Cricket, USCOC of 
                Greater Iowa, Alltel Systems of the Midwest, Alltel 
                Comm. of Nebraska, Alltel Nebraska, Nebraska 
                Technology; May 2005: Sprint, MCI WorldCom, Sprint 
                Spectrum, Nextel, Network Billing System, NOSVA, 
                Excel, Vartec, SBC Long Distance, Nextel West, Zone 
                Telecom, Acceris, Tri-M, Globalcom, NOS, LDMI, GTC, 
                Association Administrators, Lightyear, Affinity 
                Network, ATS Mobile.(PLACED ON FILE)

	        Report from City Treasurer of Franchise Tax of Aquila 
                for the months of April and May, 2005.(PLACED ON 
                FILE)


REPORTS OF CITY OFFICERS

17)            Clerk's Letter and Mayor's Approval of ordinances
               & resolutions passed by Council on June 27, 2005. 
               (PLACED ON FILE)

18)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended May, 2005.  
               ADOPTED, 7-0; A-83410)

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

20)            Setting the Interest Rate of 6.25% and Levying the
               Assessments on Special Assessment Group II of the
               Board of Equalization held June 20,  2005, and
               Accepting the Report on Board of Equalization to
               City Council on Special Assessment Group I  (Water
               District No. 1193).  (ADOPTED, 7-0; A-83411)


                      - END CONSENT AGENDA -
                                              

ORDINANCES - 1ST READING  (ITEMS 21 THRU 25 HAD 1ST READING)

21)  05-89     Repealing Ordinance No. 18399 creating
               Ornamental Lighting District No. 287 in West
               Charleston, N. 1st Street west approximately
               1,100 feet, due to the lack of majority
               petition.
               Fact Sheet (59K)

22)  05-90     Declaring a tract of land consisting of .54
               acres, more or less, as surplus property
               generally located at 601 N. 27th Street.
               Fact Sheet (663K)

23)  05-93     Change of Zone 05039 - Application of Austin
               Realty Company for a change of zone from B-2
               Planned Neighborhood Business to H-3 Highway
               Commercial on property generally located at
               N. 27th Street south of Folkways Blvd. 
               Fact Sheet (717K)

24)  05-94     Change of Zone 05043 - Application of Gregg
               and Cindy Trautman for a change of zone from
               R-4 Residential to R-T Residential Transition
               on property generally located southwest of
               the intersection of S. 37th Street and O Street.
               Fact Sheet (722K)

25)  05-95     Approving the Third Amendment to First
               Amended and Restated Lease and Operating
               Agreement -- Burnham Yates Conference Center
               relating to upgrading conference center
               facilities and providing for the expenditure
               of existing TIF funds and providing for
               funding by the redeveloper.
               Attachment (11K)


ORDINANCES - 3RD READING
               
26)  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.
               (PASSED, 7-0; #18571)
               Fact Sheet (295K)


PENDING LIST - DATE CERTAIN

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.) (PENDING TO 8/29/05
               W/P.H., 7-0)           	       
               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.)
               (PENDING TO 8/29/05 W/P.H., 7-0)
               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.)
               (PENDING TO 8/29/05 W/P.H., 7-0)
               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.)(PENDING TO 8/29/05
               W/P.H., 7-0)
               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.)
               (PENDING TO 8/29/05 W/P.H., 7-0)
               Fact Sheet (1046K)

32   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) (6/27/05 -
               Placed on Pending to 8/1/05 w/P.H.)
               Fact Sheet (79K)
               Attachment (462K)


PENDING LIST  (EXTENDED ONE WEEK)

33)  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)
                        
34)  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)

35)  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)

36)  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)

37)  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)

38)  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)

39)  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)

40)  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 18, 2005 AT 1:30 P.M.:  
                                         (APPROVED, 7-0)

41)  05R-145   Approving The Alley at 1031 M Street as a keno
               satellite site.
               Fact Sheet (46K)

42)  05R-146   Approving contracts with the successful
               construction contract bidder and the engineering
               consulting firm Carollo Engineers involving the
               expenditures of money from appropriations of more
               than one year for construction of the new Stevens
               Creek Basin Sanitary Trunk Sewer - Phase I project
               for the Lincoln Wastewater System.
               Fact Sheet (112K)

43)  05R-147   Approving an Interlocal Services Agreement between
               the City and Malcolm School District to allow the
               Health Department to provide nursing consultation
               services for the 2005 - 2006 school year.
               Fact Sheet (50K)
               Attachment (139K)

44)  05R-148   Approving an Interlocal Services Agreement between
               the City and Waverly School District to allow the
               Health Department to provide nursing consultation
               services for the 2005 - 2006 school year.
               Fact Sheet (54K)
               Attachment (141K)

45)  05R-149   Approving an Interlocal Agreement between the City
               and Lancaster County to establish a policy for the
               distribution of Keno funds in the Keno Human
               Services Prevention Fund.
               Attachment (303K)

46)  05R-150   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 16 - 30,
               2005.
               Fact Sheet (13K)
               Attachment (21K)

47)  05R-151   Reappointing Herbert Friedman and Donna Behlen to
               the Cable Advisory Board for three-year terms
               expiring July 1, 2008.

48)  05R-152   Reappointing Victor Covalt to the Charter Revision
               Commission for a four-year term expiring July 15,
               2009.

49)  05R-153   Reappointing Annette Durham to the Lincoln Housing
               Authority Board for a five-year term expiring July
               1, 2010.

50)  05R-154   Waiver 05006 - Application of Kenneth Bundy for a
     Approval  waiver of the required sidewalks in the Osie
     Denial    Square final plat generally located at N. 64th
               Street and Cotner Blvd.
               Fact Sheet (3736K)

51)  05R-155   Approving the Budget and Program of Work for
               Downtown Lincoln Association's FY 2005 - 2006
               Management and Maintenance District.
               Fact Sheet (52K)
               Attachment (493K)

52)  05R-156   Approving the Wet and Dry Weather Storm Drain
               Discharge Characterization Studies by UNL/UNO to
               monitor urban water quality for flows during rain
               events and during dry weather.
               Fact Sheet (58K)
               Attachment (376K)

53)  05R-158   Approving an Interlocal Agreement between the City
               and Lancaster County for the widening and
               reconstruction of the Leighton Avenue project and
               maintenance responsibilities in Leighton Avenue
               from N. 84th Street to a point 1592 feet east of
               N. 84th Street.
               Attachment (532K)


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
(7/13/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(7/18/05).


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 JULY WILL BE
THE 11TH AND 25TH.


ADJOURNMENT  5:06 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.

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 The City Council Agenda and Action Sheet may be accessed on the
Internet at:
                          lincoln.ne.gov
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