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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 25, 2005 AT 5:30 P.M.
ALL PRESENT EXCEPT MARVIN
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) 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.
(7/18/05 - P.H. & Action con't. 1 wk to
7/25/05) (ADOPTED FOR APPROVAL, 6-0; A-83437)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 2 THROUGH 7
HAD 2ND READING)
2) 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)
3) 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)
4) 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)
5) 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)
6) 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)
7) 05-100 Change of Zone 05047 - Application of the Planning
Director to amend Lincoln Municipal Code §
27.45.070 to change the maximum height in the H-4
General Commercial District from 35 feet to 45
feet.
Fact Sheet (153K)
PUBLIC HEARING - RESOLUTIONS
8) 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)
(ADOPTED, 6-0; A-83438)
9) 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.
(DELAYED ONE WEEK W/PUB. HEARING & ACTION TO 8/1/05, 6-0)
10) 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.
(ADOPTED FOR APPROVAL, 6-0; A-83439)
11) 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.
(ADOPTED FOR DENIAL, 6-0; A-83440)
12) 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.
(DELAYED THREE WEEKS W/PUB. HEARING & ACTION TO
8/15/05, 6-0)
Fact Sheet (919K)
13) 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)
(AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; A-83441)
14) 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)
(DELAYED THREE WEEKS W/PUB. HEARING & ACTION TO
8/15/05, 5-1; ESCHLIMAN DISSENTING)
15) 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)
(ADOPTED, 6-0; A-83442)
16) 05R-167 Approving a revised schedule for water fees and
service charges for the Lincoln Water System.
(ACTION DATE: 8/1/05)
Fact Sheet (63K)
17) 05R-168 Approving a revised schedule for wastewater fees
and service charges for the Lincoln Wastewater
System. (ACTION DATE: 8/1/05)
Fact Sheet (59K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
18) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 05049 - App. of Aspen, a Nebraska
General Partnership,from O-3 Office Park District
to B-2 Planned Neighborhood Business District on
property located at S. 56th Street and Pine
Lake Road.
Use Permit 97A - App. of Aspen, a Nebraska General
Partnership, for an amendment to adjust land use
table and setbacks on property located at S.
56th Street and Pine Lake Road.
Change of Zone 05051 - App. of Stone Bridge Creek,
LLC from AG Agricultural District to R-3
Residential District and AG Agricultural District
to R-5 Residential District on property located at
N. 15th Street and Humphrey Avenue.
Change of Zone 05022 - App. of Prairie Homes from
AG Agricultural District to R-3 Residential
District on property located at NW 12th Street and
Alvo Road.
Use Permit 04008 - App. of Geico Development, Inc.
for two office/medical buildings w/waiver requests
to allow lots without frontage and access to a
public street on property located at SW
17th Street and West A Street.
Change of Zone 04085 - App. of Geico Development,
Inc. from R-2 Residential District to R-T
Residential Transition District on property located
at SW 17th Street and West A Street.
Change of Zone 05050 - App of Lincoln Sports
Foundation from AG Agricultural District to H-2
Highway Business District on property located at N.
70th Street and Arbor Road.
Pre-Existing Special Permit 28B - App. of Union
College for an amendment to expand the area by
adding property located at S. 48th Street
and Stockwell Street.
Change of Zone 05052 - App. of Universal Companies
LLC, Universal Addition Planned Unit Development
District designation of said property and for
approval of a development plan which proposes
modifications to the Zoning Ordinance and
Land Subdivision Ordinance to allow 370,000
square feet of floor area in the underlying
I-2 zoned area located at S. 14th Street and
Pioneers Boulevard.
Special Permit 05035 - App. of SRS, Inc. dba Arnold's
Tavern for an expansion of a non-conforming use for
the consumption of alcohol on the premises
located at N. 61st Street and Havelock Avenue.
Use Permit 154A - App. of Lincoln Federal Bancorp,
Inc,. for an amendment to the Wilderness Hills
Commercial Center for waivers to adjust the
setbacks and to allow parking in the required side
yard in the B-2 located at S. 27th Street
and Yankee Hill Road.
Special Permit 277I - App. of Pine Lake Golf and
Tennis Club for an amendment to adjust the front
setback to allow a sign located at S. 84th
Street and Pine Lake Road.
19) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions and
Ordinances passed by the City Council on July 18, 2005.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 20 THROUGH 32 HAD 1ST READING)
20) 05-101 Authorizing the execution and delivery of a Lease-
Purchase Agreement with Union Bank & Trust
Company, Lincoln, Nebraska, in an amount not to
exceed $2,000,000 for the acquisition by the City
of street lighting equipment.
21) 05-113 Authorizing and providing for the issuance of
Electric System Revenue Notes in an aggregate
principal amount of not to exceed $150,000,000
from time to time outstanding. (Request 2nd &
3rd Readings 8/1/05)
22) 05-102 Approving a five-year/3,500 hour lease/purchase
agreement between the City and Deere Credit Inc.
to provide a 90-horse power class backhoe loader
for use by the Public Works & Utilities Water
Division in construction and maintenance projects.
Fact Sheet (58K)
Attachment (199K)
23) 05-103 Approving an Interlocal Agreement between the City
and Lincoln Public Schools to share space for
joint programming (for the operation of a Teen
Center) at Park Middle School.
Fact Sheet (65K)
Attachment (168K)
24) 05-104 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter N to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents.
Fact Sheet (137K)
Attachment (384K)
25) 05-105 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter X to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents.
Fact Sheet (137K)
Attachment (150K)
26) 05-106 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter E to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents.
Fact Sheet (137K)
Attachment (49K)
27) 05-107 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter M to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents.
Fact Sheet (137K)
Attachment (127K)
28) 05-108 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter F to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents.
Fact Sheet (140K)
Attachment (33K)
29) 05-109 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter B to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents.
Fact Sheet (137K)
Attachment (24K)
30) 05-110 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letter P to adjust the
schedules of annual, monthly, biweekly and hourly
pay range equivalents.
Fact Sheet (137K)
Attachment (31K)
31) 05-111 Amending the pay schedule for the employee group
whose classifications are assigned to the pay
range prefixed by the letters A and C to adjust
the schedules of annual, monthly, biweekly and
hourly pay range equivalents.
Fact Sheet (137K)
Attachment (825K)
32) 05-112 Amending Lincoln Municipal Code § 2.76.040
updating definitions; § 2.76.135 to establish step
pay plans for A and C classifications;§§
2.76.145 & 2.76.150 to provide consistency with other
step plans; § 2.76.153 to increase shift
differential; § 2.76.155 to increase longevity
pay; § 2.76.160 to delete reference to
classifications beginning with the letters A and C;
§ 2.76.200 to amend out of class pay to coordinate
with the step plan; § 2.76.380 to amend
provisions related to sick leave payout; and
§ 2.76.395 to amend provisions relating to
vacation leave.
Fact Sheet (138K)
ORDINANCES - 3RD READING
33) 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)
(PASSED, 6-0; #18574)
34) 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)
(PASSED, 6-0; #18575)
35) 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)
(PASSED, 6-0; 318576)
36) 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)
(PASSED, 6-0; 318577)
37) 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)
(PASSED, 6-0; #18578)
PENDING LIST - DATE CERTAIN
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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, AUGUST 1, 2005 AT 1:30 P.M.:
APPROVED, 6-0)
52) 05R-171 Approving the City of Lincoln Federal Transit
Authority Program for Drug and Alcohol testing for
mass transit workers in safety sensitive
functions.
Fact Sheet (138K)
Attachment (6K)
53) 05R-172 Reappointing John Ludden, Phyllis Bovee, and
Bonnie Armstrong to the Lincoln Area Agency on
Aging Advisory Council for three-year terms to
expire July 1, 2008.
54) 05R-173 Appointing Jon Rehm to the Cable Advisory Board
for a three-year term expiring July 1, 2008.
Attachment (26K)
55) 05R-174 Appointing Modesta Putla to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2006.
Attachment (29K)
56) 05R-175 Appointing Dawneane Munn to the Lincoln Area
Agency on Aging Advisory Council for a three-year
term expiring July 1, 2008.
Attachment (19K)
57) 05R-176 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 1 - 15,
2005.
Fact Sheet (13K)
Attachment (22K)
58) 05R-177 Approving an Interlocal Agreement between the City
of Lincoln and Lancaster County for the
reconstruction of Rokeby Road from a point 500'
east of South 98th Street to a point 1100 feet
east of South 98th Street.
Attachment (519K)
59) 05R-178 Approving the removal of the existing barricade in
Cumberland Drive at the common line of Colonial
Acres 2nd Addition and Jerrold Heights 2nd
Addition.
60) 05R-179 Approving the 2005-06 Work Plan for the Interlocal
Agreement on Stormwater Management between the
City and Lower Platte South Natural Resources
District regarding stormwater quality and quantity
issues.
Fact Sheet (56K)
Attachment (167K)
61) 05R-180 Approving a labor contract between the City of
Lincoln and the Lincoln City Employees Association
to be effective August 11, 2005.
Fact Sheet (137K)
62) 05R-181 Approving a labor contract between the City and
the Lincoln Police Union to be effective August
11, 2005.
Fact Sheet (137K)
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
(7/27/05) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING
(8/1/05).
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 8:40 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