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