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Formal Agenda

 

          AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
                   MONDAY, JULY 18, 2005 AT 1:30 P.M.
                                        
                           
       
PUBLIC HEARING                                           
LIQUOR RESOLUTIONS
 
1)             Application of Geemax Inc. dba N Zone for a
               special designated license covering an area
               measuring 42' by 50' at 728½ Q Street on
               September 3, 10, and 17, October 1, 8, and 29, 
               and November 12, 2004 from 8:00 a.m. to 1:00 a.m.
               (ADOPTED FOR APPROVAL, 7-0; A-83412)

     
2)             Application of K-Sara Enterprises for a special
               designated liquor license to cover an area
               measuring approximately 410' by 460' at Abbott
               Sports Complex, 7600 N. 70th Street on July 30,
               2005 from 4:00 p.m. to 1:00 a.m. with a rain date
               of August 6, 2005. (ADOPTED FOR APPROVAL,
               7-0; A-83413)

3)             Application of Allen Enterprises Inc. dba Earls
               Tavern for an addition of an outside beer garden
               measuring approximately 20' by 24 ' on the south
               side of the building at 5555 Superior Street.
               (DELAYED WITH PUB. HEARING & ACTION FOR 1 
               WEEK TO 7/25/05, 7-0)

4)             Application of BJK Inc. dba Overland Station for
               an addition of an outside beer garden measuring
               approximately 38' by 7' on the northwest corner of
               the building at 2805 N.W. 48th Street. (ADOPTED 
               FOR APPROVAL, 7-0; A-83414)

5)             Application of JSCK, Inc. dba Top Hat for a Class
               C liquor license at 736 W. Cornhusker Highway.
               (ADOPTED FOR APPROVAL, 7-0; A-83415)

6)             Manager application of James H. Sanborn for JSCK,
               Inc. dba Top Hat at 736 W. Cornhusker Highway.
               (ADOPTED FOR APPROVAL, 7-0; A-83416)

7)             Application of Jade Rivers LLC dba Jade Rivers for
               a Class I liquor license at 3940 Village Drive.
               (ADOPTED FOR APPROVAL, 7-0; A-83417)

8)             Manager application of Stanley Jou for Jade Rivers
               LLC dba Jade Rivers at 3940 Village Drive. (ADOPTED 
               FOR APPROVAL, 7-0; A-83418)

9)             Manager application of Jared Powell for Lincoln
               Steak Company LLC dba Whiskey Creek Steakhouse at
               3000 Pine Lake Road. (ADOPTED FOR APPROVAL, 7-0; 
               A-83419)

10)            Application of From Nebraska, Inc. dba From
               Nebraska Gift Shop for a Class C and catering
               liquor license at 803 Q Street, Suite 50.
               (ADOPTED FOR APPROVAL, 7-0; A-83420)

11)            Manager application of Connie M. Mahaney for From
               Nebraska, Inc. dba From Nebraska Gift Shop at 803
               Q Street, Suite 50. (ADOPTED FOR APPROVAL, 
               7-0; A-83421)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 12 THRU 16 HAD 2ND READING)  
    
12)  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)

13)  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)

14)  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)

15)  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)

16)  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)


PUBLIC HEARING - RESOLUTIONS

17)  05R-145   Approving The Alley at 1031 M Street as a keno
               satellite site. (ADOPTED FOR APPROVAL, 6-1; 
               ESCHLIMAN DISSENTING; A-83422)
               Fact Sheet (46K)

18)  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. (ADOPTED FOR
               APPROVAL, 7-0; A-83423)
               Fact Sheet (112K)

19)  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. (ADOPTED 
               FOR APPROVAL, 7-0; A-83424)
               Fact Sheet (50K)
               Attachment (139K)

20)  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. (ADOPTED 
               FOR APPROVAL, 7-0; A-83425)
               Fact Sheet (54K)
               Attachment (141K)

21)  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. (ADOPTED FOR APPROVAL, 
               7-0; A-83426)
               Attachment (303K)

22)  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. (ADOPTED FOR APPROVAL, 7-0; A-83427)
               Fact Sheet (13K)
               Attachment (21K)

23)  05R-151   Reappointing Herbert Friedman and Donna Behlen to
               the Cable Advisory Board for three-year terms
               expiring July 1, 2008. (ADOPTED FOR
               APPROVAL, 7-0; A-83428)

24)  05R-152   Reappointing Victor Covalt to the Charter Revision
               Commission for a four-year term expiring July 15,
               2009. (ADOPTED FOR APPROVAL, 7-0; A-83429)

25)  05R-153   Reappointing Annette Durham to the Lincoln Housing
               Authority Board for a five-year term expiring 
               July 1, 2010. (ADOPTED FOR APPROVAL,
               7-0; A-83430)

26)  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. (ADOPTED FOR DENIAL, 
               6-1; MCROY DISSENTING; A-83431)
               Fact Sheet (3736K)

27)  05R-155   Approving the Budget and Program of Work for
               Downtown Lincoln Association's FY 2005 - 2006
               Management and Maintenance District. (ADOPTED 
               FOR APPROVAL, 7-0; A-83432)
               Fact Sheet (52K)
               Attachment (493K)

28)  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. (ADOPTED FOR
               APPROVAL, 7-0; A-83433)
               Fact Sheet (58K)
               Attachment (376K)

29)  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. (ADOPTED FOR APPROVAL, 7-0; 
               A-83434)
               Attachment (532K)

                           - END OF PUBLIC HEARING -



CONSENT AGENDA:  

PETITIONS & COMMUNICATIONS - NONE


30)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances passed by the City Council on 
               July 11, 2005. (PLACED ON FILE)


REPORTS OF CITY OFFICERS

31)            Report of UNL Microbiologist for water testing for
               the month of June 2005. (PLACED ON FILE)

                      - END CONSENT AGENDA -


ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 32 THRU 37
HAD 1ST READING)

32)  05-91     Annexation 04001 - Amending the Lincoln Corporate 
               Limits Map by annexing approximately 77 acres of 
               property generally located south of Humphrey Avenue 
               and east of North 14th Street. (In connection
               w/ 05R-157, 05-92)
               Fact Sheet (380K)

33)  05R-157   Approving the Stone Bridge Creek 1st
               Conditional Annexation and Zoning Agreement
               between the city and Stone Bridge Creek, LLC,
               relating to the annexation of approximately 77
               acres, generally located south of Humphrey Avenue
               and east of North 14th Street. (In connection 
               w/ 05-91, 05-92)(Action Date: 8/1/05)
               Attachment (22K)

34)  05-92     Change of Zone 04007 - Application of Stone
               Bridge Creek LLC for a change of zone from AG
               Agricultural District to R-3 Residential
               District and R-5 Residential District on
               property generally located south of Humphrey
               Avenue and east of North 14th Street. (In 
               connection w/ 05-91, 05R-157)
               Fact Sheet (434K)

35)  05-98     Change of Zone 05044 - Application of Urban
               Development Department for a change of zone
               from B-3 Commercial District to R-4
               Residential District, on property
               approximately two blocks within the
               University Place Neighborhood generally
               located between Cleveland and Baldwin
               Avenues, on the west side of 47th Street.
               Fact Sheet (312K)

36)  05-99     Change of Zone 05046 - Application of
               Pierson, Fitchett, Hunzeker, Blake and Katt
               to amend Lincoln Municipal Code 27.71.080 to
               allow fences to a maximum height of 102
               inches under certain conditions.
               Fact Sheet (74K)

37)  05-100    Chang of Zone 05047 - Application of the Planning
               Director to amend Lincoln Municipal Code Section
               27.45.070 to change the maximum height in the H-4
               General Commercial District from 35 feet to 45
               feet. 
               Fact Sheet (153K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
               
38)  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. (PASSED, 7-0; 
               #18572)

39)  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)
               (PASSED, 7-0; #18573)
               Fact Sheet (267K)

40)  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) (ADOPTED FOR APPROVAL, 7-0; A-83435)
               Fact Sheet (599K)

41)  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. (7/11/05 -
               Action Delayed 1 wk to 7/18/05)(ADOPTED FOR 
               APPROVAL, 7-0; A-83436)
               Attachment (6K)


PENDING LIST - DATE CERTAIN

42)  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)

43)  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.) (7/11/05 - 
               Pending to 8/29/05 w/P.H.)
               Fact Sheet (1425K)

44)  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.)(7/11/05 - Pending to
               8/29/05 w/P.H.)
               Fact Sheet (370K)

45)  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.) (7/11/05 - Pending to 
               8/29/05 w/P.H.) 
               Fact Sheet (408K)

46)  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.) (7/11/05 -
               Pending to 8/29/05 w/P.H.)
               Fact Sheet (672K)

47)  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.)(7/11/05 - Pending 
               to 8/29/05 w/P.H.)
               Fact Sheet (1046K)


PENDING LIST  (EXTENDED ONE WEEK)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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)

53)  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)

54)  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)

55)  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 25, 2005 AT 5:30 P.M.:  
                        (APPROVED, 7-0; SEE ITEMS 64 & 65)

56)  05R-159   Establishing the name of the pedestrian/bicycle
               bridge between the Haymarket District and
               Haymarket Park as the "Bereuter Pedestrian
               Bridge."
               Fact Sheet (22K)

57)  05R-160   Hearing on Brett Joseph's Notice of Appeal
     Denial    appealing from the impact fee determination of
               Impact Fees imposed for the single-family dwelling
               located at 1445 N. 22nd Street and requesting a
               waiver or reduction of said fees.
               Fact Sheet (59K)

58)  05R-161   Hearing on Dan Hoffman's Notice of Appeal
     Approval  appealing from the impact fee determination of
     Denial    Impact Fees imposed for the single-family dwelling
               located at 2464 Woodscrest Ave. and requesting a
               waiver or reduction of said fees.
               Fact Sheet (61K)

59)  05R-162   Appeal of Gary Detweiler from the Planning
     Approval  Commission approval of Special Permit No. 05028
     Denial    for authority to sell alcoholic beverages for
               consumption on the premises at The Bristo Ballroom
               at 2102 Adams Street.
               Fact Sheet (260K)

60)  05R-163   Appeal of Cindy J. Swanson from the Planning
     Approval  Commission denial of Special Permit No. 05032 for
     Denial    authority to expand a non-conforming use to allow
               an outdoor beer garden at The Library Lounge at
               6891 A Street, Suite 200.
               Fact Sheet (919K)

61)  05R-164   Waiver 05007 - Application of Austin Realty
               Company to waive the sidewalk requirements in the
               Crossbridge 1st Addition preliminary plat on
               property generally located at N. 27th Street and
               Fletcher Ave.
               Fact Sheet (230K)

62)  05R-165   Misc. 05012 - Application of Developmental
               Services of Nebraska, Inc. to allow a group home
               in the R-1 Residential District to locate within
               the required ½ mile separation from another
               group home, on property generally located at 4000
               Lindsey Circle.
               Fact Sheet (210K)

63)  05R-166   Amending the standards from the State Board of
               Public Roads Classifications and Standards to
               allow the use of eleven foot wide lanes in City
               Project 701780, O Street, 42nd to 52nd Street;
               Antelope Valley Project CM-55(142), North-South
               Roadway K to Q Streets; and Antelope Valley
               Project STPC-34-6(135), O Street Bridge and
               Roadway, to minimize impact of roadway improvement
               on adjacent properties for the three projects.
               Fact Sheet (62K)

64)  05R-167   Approving a revised schedule for water fees and
               service charges for the Lincoln Water System.
               (PUB. HEARING ON 7/25/05; ACTION DATE ON 
               8/1/05, 7-0)
               Fact Sheet (63K)

65)  05R-168   Approving a revised schedule for wastewater fees
               and service charges for the Lincoln Water System.
               (PUB. HEARING ON 7/25/05; ACTION DATE ON 8/1/05, 
               7-0)
               Fact Sheet (59K)



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 (7/20/05) 
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (7/25/05).


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 3:08 PM           


                               ***
                    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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City Council