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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.          

 
                               ***
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      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.,
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                  on 5 City-TV, Cable Channel 5.

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 Internet at:            lincoln.ne.gov
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