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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, AUGUST 1, 2005 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING
1) 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.
2) 05-113 Authorizing and providing for the issuance of
Electric System Revenue Notes in an aggregate
principal amount not to exceed $150,000,000 from
time to time outstanding. (Request 2nd & 3rd
Readings 8/1/05) (APPROVED TO HAVE 3RD READING &
ACTION ON THIS DAY, 7-0; PASSED, 7-0; #18584)
3) 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)
4) 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)
5) 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)
6) 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)
7) 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)
8) 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)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
PUBLIC HEARING - RESOLUTIONS
14) 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.) (ADOPTED, 7-0; A-83443)
Fact Sheet (79K)
Attachment (462K)
15) 05R-134 Hearing on Brett Joseph's Notice of Appeal
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. (7/25/05 -
P.H. con't. 1 wk to 8/1/05) (ADOPTED FOR DENIAL,
7-0; A-83444)
Fact Sheet (1425K)
16) 05R-171 Approving the City of Lincoln Federal Transit
Authority Program for Drug and Alcohol testing for
mass transit workers in safety sensitive
functions. (Request to con't. P.H. 2 wks to
8/15/05) (PUB. HEARING & ACTION CONTINUED TO
8/15/05, 7-0
Fact Sheet (138K)
Attachment (6K)
17) 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. (ADOPTED, 7-0; A-83445)
18) 05R-173 Appointing Jon Rehm to the Cable Advisory Board
for a three-year term expiring July 1, 2008.
(ADOPTED, 7-0; A-83446)
Attachment (26K)
19) 05R-174 Appointing Modesta Putla to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2006. (ADOPTED, 7-0;
A-83447)
Attachment (29K)
20) 05R-175 Appointing Dawneane Munn to the Lincoln Area
Agency on Aging Advisory Council for a three-year
term expiring July 1, 2008. (ADOPTED,7-0;
A-83448)
Attachment (19K)
21) 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. (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;
A-83449)
Fact Sheet (13K)
Attachment (22K)
22) 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. (ADOPTED, 7-0;
A-83450)
Attachment (519K)
23) 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. (PLACED ON PENDING INDEFINITELY, 7-0)
24) 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. (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;
A-83451)
Fact Sheet (56K)
Attachment (167K)
25) 05R-180 Approving a labor contract between the City of
Lincoln and the Lincoln City Employees Association
to be effective August 11, 2005. (ADOPTED, 7-0;
A-83452)
Fact Sheet (137K)
Attachment (2573K)
26) 05R-181 Approving a labor contract between the City and
the Lincoln Police Union to be effective
August 11, 2005. (ADOPTED, 7-0; A-83453)
Fact Sheet (137K)
Attachment (2187K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
27) Setting the hearing date of August 15, 2005 at
1:30 pm for the Application of Granite City Food
& Brewery Ltd. dba Granite City Food & Brewery
for an addition of their licensed premise for a
Sidewalk Caf‚ area approximately 54 feet by
18 feet to the east. (ADOPTED, 7-0; A-83454)
28) Setting the hearing date of August 15, 2005 at
1:30pm for the Manager Application of Margaret E.
Stine for the Concord Neighborhood Corporation
dba Applebee's Neighborhood Grill & Bar located
at the following locations: 3951 North 27th
Street, 1133 "Q" Street, 3730 Village Drive,
6100 "O" Street, Unit C-318. (ADOPTED, 7-0;
A-83455)
29) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
July 25, 2005. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
30) Report from City Treasurer of City Cash on hand
at the close of business of June 30, 2005.
(PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTION
(ITEMS 31 & 32 HAD 1ST READING)
31) 05-115 Change of Zone 05011 - Application of Pine Lake
Development for a change of zone from R-3
Residential District to B-2 Planned Neighborhood
Business District on property generally located at
South 84th Street and Old Cheney Road. (Related
Item: 05R-185)
Fact Sheet (334K)
32) 05R-185 Use Permit 05003 - Application of Pine Lake
Development to develop 220,000 square feet of
commercial floor area with requested waivers
of the preliminary plat process, to reduce
the front yard setback from 50 feet to 25
feet along S. 84th Street and Old Cheney Road
for parking and driving aisles, and to waive
the required front yard on each street side
of a double frontage lot, on property
generally located at South 84th Street and
Old Cheney Road. (Related Item: 05-115)
(Action Date: 8/15/05)
Fact Sheet (423K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY
33) 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) (PASSED, 7-0; #18579)
Fact Sheet (380K)
34) 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) (AMENDED, 7-0; ADOPTED AS
AMENDED, 7-0; A-83456)
Attachment (22K)
35) 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) (PASSED, 7-0;
#18580)
Fact Sheet (434K)
36) 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.
(PASSED, 7-0; #18581)
Fact Sheet (312K)
37) 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.
(MOTION TO AMEND #1 ADOPTED, 7-0; MOTION
TO AMEND #2 ADOPTED, 7-0; PASSED AS AMENDED,
7-0; #18582)
Fact Sheet (74K)
38) 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. (PASSED, 7-0; #18583)
Fact Sheet (153K)
39) 05R-167 Approving a revised schedule for water fees and
service charges for the Lincoln Water System.
(Action Date: 8/1/05) (ADOPTED, 5-2;
DISSENTING: COOK & NEWMAN; A-83457)
Fact Sheet (63K)
40) 05R-168 Approving a revised schedule for wastewater fees
and service charges for the Lincoln Wastewater
System. (Action Date: 8/1/05) (ADOPTED, 5-2;
DISSENTING: COOK & NEWMAN; A-83458)
Fact Sheet (59K)
PENDING LIST - DATE CERTAIN
41) 05R-163 Appeal of Cindy J. Swanson from the Planning Commission
Approval denial of Special Permit No. 05032 for authority to
Denial expand a non-conforming use to allow an outdoor
beer garden at The Library Lounge at 6891 A Street,
Suite 200. (7/25/05 - P.H. con't. 3 wks to 8/15/05)
Fact Sheet (919K)
42) 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. (7/25/05 - P.H. con't. 3 wks.
to 8/15/05)
Fact Sheet (210K)
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, AUGUST 8, 2005 AT 4:30 P.M.:
(APPROVED, 7-0)
56) 05R-182 Approving the StarTran Rate Schedule to increase
the StarTran Fare Structure.
Fact Sheet (71K)
57) 05R-183 Reappointing Helen Meeks to the Community Health
Endowment Board of Trustees for a three-year term
expiring September 1, 2008.
58) 05R-184 Appointing Mary Jane Humphrey, Richard Boucher,
and Ed Wimes to the Community Health Endowment
Board of Trustees for three-year terms expiring
September 1, 2008.
Attachment (136K)
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 (8/24/05)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION (8/29/05).
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. THERE WILL ONLY BE ONE (1) OPEN MICROPHONE
SESSION FOR AUGUST WHICH WILL BE ON AUGUST 29TH.
ADJOURNMENT 5:10 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