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Formal Agenda

 


          ACTION FROM THE REGULAR CITY COUNCIL MEETING TO BE HELD
                     MONDAY, AUGUST 15, 2005 AT 1:30 P.M.

     MAYOR'S AWARD OF EXCELLENCE - KIMBERLY RETTIG, NURSE FOR THE 
              HEALTH DEPARTMENT, IN THE CATEGORY OF PRODUCTIVITY.


PUBLIC HEARING                                         
LIQUOR RESOLUTIONS

1)             Application of Granite City Food & Brewery
               Ltd. dba Granite City Food & Brewery for an
               addition of an outside sidewalk caf‚ area
               measuring approximately 54 feet by 18 feet to
               the east of the building at 6150 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-83467)

2)             Manager application of Margaret E. Stine for
               Concord Neighborhood Corporation dba  Applebee's
               Neighborhood Grill & Bar at 3730 Village Drive,
               3951 N. 27th Street, 6100 O Street, Unit C-318,
               and 1133 Q Street.
               (ADOPTED FOR APPROVAL, 7-0; A-83468)

3)             Application of 513 Vegas Group LLC dba Opulence
               Ultra Club for a Class C liquor license at 1033 O
               Street, Suite 10.
               (MOTION FOR DENIAL, LOST 3-4; CAMP, COOK, ESCHLIMAN    
	       ASSENTING; ADOPTED FOR APPROVAL, 4-3;CAMP, COOK, 
	       ESCHLIMAN DISSENTING; A-83469)

4)             Manager application of Omar Saenz for 513 Vegas
               Group LLC dba Opulence Ultra Club at 1033 O
               Street, Suite 10. (ADOPTED FOR APPROVAL, 4-3; CAMP,    
	       COOK, ESCHLIMAN DISSENTING; A-83470) 


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS  (ITEMS 5 THRU 13 HAD 
    2ND READING)
      
5)   05-116    Repealing Section 10.48.090 of the Lincoln
               Municipal Code relating to the sale of abandoned
               or seized bicycles
               Fact Sheet (64K)

6)   05-117    Amending Chapter 8.06 Air Pollution, 8.20 Food
               Code, 8.24 Noise Control, 8.38 Public Swimming
               Pools, 8.40 Spa Facilities, 8.44 Water Wells, and
               24.38 on-site WasteWater Treatment, to increase
               fees for various permits and to create fees for
               noise variances.
               Fact Sheet (73K)

7)   05-118    Approving a transfer of appropriations and cash
               between certain capital improvement projects
               within the Water Construction Fund, Street
               Construction/Vehicle Tax Fund, Parking Revenue
               Fund, and Sanitary Sewer Construction Fund within
               the Public Works & Utilities Department.
               Fact Sheet (54K)

8)   05R-190   Comp. Plan Amendment 05013 - Amending the 2025
               Lincoln/Lancaster County Comprehensive Plan to
               change the land use designation from Commercial
               and Industrial to Urban Residential on property
               generally located along Humphrey Avenue between N.
               14th and N. 27th Streets. (Related Items: 05R-
               190, 05-119, 05R-191, 05R-120) (Action Date:
               8/22/05)
               Fact Sheet (1684K)

9)   05-119    Annexation 05009 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 22 acres of
               property generally located northwest of I-80 and
               N. 27th Street. (Related Items: 05R-190, 05-
               119, 05R-191, 05R-120)
               Fact Sheet (643K)

10)  05R-191   Approving the Stone Bridge Creek - The Villas
               Conditional Annexation and Zoning Agreement
               between the City and Stonebridge Creek, LLC
               relating to the annexation of approximately 22
               acres, generally located northwest of the I-80 and
               North 27th Street Interchange. (Related Items:
               05R-190, 05-119, 05R-191, 05R-120) (Action Date:
               8/22/05)
               Fact Sheet (50K)
               Attachment (28K)

11)  05-120    Change of Zone 04081 - Application of Stone Bridge
               Creek LLC for a change of zone from I-3 Employment
               Center District to R-3 Residential District and
               from AG Agricultural District to I-3 Employment
               District on property generally located northwest
               of I-80 and N. 27th Street.(Related Items: 05R-
               190, 05-119, 05R-191, 05R-120)
               Fact Sheet (1066K)

12)  05-121    Change of Zone 04063 - Amending Chapter 27.68 of
               the Lincoln Municipal Code, Personal Wireless
               Facilities, to delete the requirement for an
               administrative permit to collocate on existing
               facilities, to clarify how the fall zone is
               measured, and to delete the definition of
               "Modification".
               Fact Sheet (19K)

13)  05-122    Street Name Change 05006 - Renaming Blaine Court
               as Blaine Drive generally located on the east side
               of Enterprise Drive, 1/4 mile north of Folkways
               Blvd. in Tabitha New Community.
               Fact Sheet (625K)


PUBLIC HEARING - RESOLUTIONS

14)  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. (7/25/05 - P.H.
               con't. 3 wks to 8/15/05)
               (ADOPTED FOR DENIAL, 5-2; MCROY, NEWMAN DISSENTING; 
               A-83471) 
               Fact Sheet (919K)

15)  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) 
               (ADOPTED, 6-1; COOK DISSENTING; A-83472)
	
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.  (Pub. Hearing & Action con't. for 2
               wks to 8/15/05)   
               Fact Sheet (138K)
               Attachment (6K)
	       (ADOPTED, 7-0; A-83473)

17)  05R-186   Appointing Kevin Flores to the City Personnel
               Board for a five year term expiring June 22, 2010.
               Attachment (46K)
	       (ADOPTED, 7-0; A-83474)
     
18)  05R-187   Authorizing the use of the public right-of-way by
               Speedway Properties for the installation of a
               level sidewalk to provide handicap access at 737 P
               Street.
               Fact Sheet (56K)
               Attachment (821K)
	       (ADOPTED, 7-0; A-83475)

19)  05R-188   Appointing Larry Anderson to the Government Access
               and Information Committee to fill an unexpired
               three-year term expiring August 17, 2006. 
               Attachment (23K)
	       (ADOPTED, 7-0; A-83476)

20)  05R-189   Reappointing James Lamphere to the Government
               Access and Information Committee for a two-year
               term expiring January 1, 2007.
	       (ADOPTED,7-0; A-83477)

21)  05R-194   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of July 16 - 31,
               2005.
               Fact Sheet (13K)
	         Attachment (22K)
	       (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83478)

22)  05R-195   Approving the Heartland Optical Redevelopment
               Agreement and Right of Entry Agreement between the
               City and Heartland Optical, Inc. for new
               construction and improvements for
               commercial/retail use at 1010 N. 27th Street
               within the N. 27th Street Corridor and Environs
               Redevelopment Plan.
               Fact Sheet (60K)
               Attachment (959K)
	       (ADOPTED, 7-0; A-83479)

23)  05R-196   Approving an amendment to Section 6,
               Annual Fees, of the Lincoln-Lancaster
               County Air Pollution Control Regulations
               and Standards to revise the asbestos
               removal fees.
               Fact Sheet (69K)
               Attachment (55K)
               (ADOPTED, 7-0; A-83480)

                 - END OF PUBLIC HEARING -


CONSENT AGENDA:  

PETITIONS & COMMUNICATIONS 

24)          THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.:
               Change of Zone 05050 - App. of Lincoln Sports 
               Foundation for a change from AG to H-2 to allow
               a greater flexibility for the Abbott Sports
               Complex to expand its facility located at N. 70th
               Street and Arbor Road.

25)            Setting the Hearing Date of Monday, August 29,
               2005 at 5:30 p.m. for App. of SRS, Inc. dba
               Arnold's for an addition to premise located at
               6113 Havelock Avenue.
               (ADOPTED, 7-0; A-83481)

26)            Setting the Hearing Date of Monday, August 29,
               2005 at 5:30 p.m. for App. of 8th Street
               Ironworks, Inc. dba Eight Street Ironworks for an
               addition to premise located at 301 N. 8th Street.
	       (ADOPTED, 7-0; A-83482)

27)            Setting the Hearing Date of Monday, August 29,
               2005 at 5:30 p.m. for App. of Expo, Inc. dba
               Iguana's Pub for an addition to premise located at
               1426 O Street. (ADOPTED, 7-0; A-83483)

28)            Setting the Hearing Date of Monday, August 29,
               2005 at 5:30 p.m. for Man. App. of Edward J. Lynch
               for The Noodle Shop, Co. - Colorado, Inc. dba
               Noodles & Company located at 2801 Pine Lake Road.
               (ADOPTED, 7-0; A-83484)


29)  MISCELLANEOUS REFERRALS

	         Clerk's Letter and Mayor's Approval of Ordinances and 
	         Resolutions passed by the City Council on August 8, 
	         2005.  (PLACED ON FILE)

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


REPORTS OF CITY OFFICERS
                              
                   - END CONSENT AGENDA -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS  (ITEMS 30-35 HAD 1ST READING)

30)  05-123    Approving a Management Agreement between the City
               and SMG to provide for management, marketing,
               entertainment, administration, and procurement
               services for Pershing Municipal Auditorium for a
               four-year period beginning September 1, 2005.
               Fact Sheet (43K)
               Attachment (1184K)

31)  05-124    Change of Zone 04060 - Application of Larry Coffey
               for a change of zone from AG Agricultural District
               to H-3 Highway Commercial District on property
               generally located at the northwest corner of N.W.
               48th Street and Highway 34. (Related Items: 
               05-124, 05R-201)
               Fact Sheet (330K)

32)  05R-201   Approving the Development and Conditional Zoning
               Agreement between the City and Larry Coffey for a
               change of zone from AG Agricultural District to H-
               3 Highway Commercial District to expand an
               existing convenience shop generally located at the
               northwest corner of N.W. 48th Street and Highway
               34. (Related Items:  05-124, 05R-201) (Action
               Date:  8/29/05) 
               Fact Sheet (12K)
               Attachment (13K)

33)  05-125    Change of Zone 05051 - 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 at N. 14th Street and Pennsylvania Avenue.
               Fact Sheet (184K)

34)  05-126    Amending Chapter 1.28 of the Lincoln Municipal
               Code relating to reasonable accommodation to more
               accurately state the requirements of the Acts, to
               provide additional application requirements, to
               modify the reference to Section 1.28.050, and to
               revise and supplement the factors to be considered
               in making a determination.
               Fact Sheet (18K)

35)  05-127    Amending Chapter 9.44 of the Lincoln Municipal
               Code relating to Fireworks to add a reference to
               Section 9.44.080, to limit the hours of sale of
               permissible fireworks to correspond with the hours
               when permissible fireworks may be used, and to
               expressly define the hours and days when
               permissible fireworks may be discharged, exploded,
               or used.
               Fact Sheet (14K)


ORDINANCES - 3RD READING & RESOLUTIONS

36)  05R-182   Approving the StarTran Rate Schedule to
               increase the StarTran Fare Structure.
               (Action delayed 1 wk to 8/15/05).
               Fact Sheet (71K)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83485)

37)  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
               Items: 05-115, 05R-185)
               Fact Sheet (334K)
               (PASSED, 6-0; MARVIN ABSTAINED; #18596)

38   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 Items: 05R-185,
               05-115) (Action Date: 8/15/05)
               Fact Sheet (423K)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 6-0; MARVIN 
               ABSTAINED; A-83486)


PENDING LIST - DATE CERTAIN  (SEE ITEMS 40, 41, 42, 43, 44)

39)  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. (8/8/05 - Action Delayed
               2 wks. to 8/22/05)
               Fact Sheet (137K)
               Attachment (127K)

40)  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)
               (PUBLIC HEARING CON'T. TO 9/12/05, 7-0)

41)  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)
               (PUBLIC HEARING CON'T. TO 9/12/05, 7-0)

42)  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)
               (PUBLIC HEARING CON'T. TO 9/12/05, 7-0)

43)  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)
               (PUBLIC HEARING CON'T. TO 9/12/05, 7-0)

44)  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)
               (PUBLIC HEARING CON'T. TO 9/12/05, 7-0)


PENDING LIST	(EXTENDED ONE WEEK)

45)  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)

46)  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)

47)  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)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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)

53)  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.(8/1/05 - Placed on Pending
               Indefinitely)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON  MONDAY, AUGUST 22, 2005 AT 1:30 P.M.:
                                           (APPROVED, 7-0)

54)  05R-192   Approving the acquisition of two parcels of land
               totaling 13,900 sq. ft. for park land generally
               located at West Leighton Avenue, West Thatcher
               Lane and N.W. 46th Street.
               Fact Sheet (226K)

55)  05R-197   Approving appropriations in the amount of $36,275
               from the operation of Keno lottery funds for
               various human services.
               Attachment (43K)

56)  05R-198   Approving the Interlocal Agreement between the
               City and County for Dust Control Treatment on
               South 98th Street between Van Dorn Street and
               Yankee Hill Road during the reconstruction of
               South 84th Street.
               Fact Sheet (56K)
               Attachment (486K)

57)  05R-199   Appointing April Stevenson to the Lincoln Library
               Board of Trustees for a seven-year term expiring
               August 31, 2012.
               Attachment (68K)

58)  05R-200   Reappointing Roger Larson and Tommy Taylor to the
               Lincoln-Lancaster County Planning Commission for
               six-year terms expiring August 24, 2011.

59)  05R-202   Approving an Agreement between the City, EMS Inc.,
               St. Elizabeth Medical Center, and Byran LGH
               Medical Center to provide medical oversight for
               ambulance services.
               Fact Sheet (52K)
               Attachment (44K)
     
60)  05R-203   Adopting the City of Lincoln 2005-2006 Annual
               Operating Budget and 
               Capital Improvement Program for Fiscal Year
               2005/06 - 2010/11. 

61)  05R-204   Authorizing the formation of the Lincoln
               Redevelopment and Investment Corporation, a
               Nebraska Not-for-profit public benefit corporation
               and approving the related Articles of
               Incorporation and Bylaws for the same in
               connection with an application for certification
               as a Community Development Entity eligible for
               allocation of New Market Tax Credits and other
               community improvement purposes.


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  4:18 P.M.



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