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Formal Agenda

 

             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, SEPTEMBER 12, 2005 AT 1:30 P.M.

                     ALL MEMBERS PRESENT EXCEPT MCROY

     MAYOR'S AWARD OF EXCELLENCE - FOR THE MONTH OF AUGUST 2005
GREGORY BELL OF THE FIRE DEPT. IN THE CATEGORY OF PRODUCTIVITY.


PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of 8th Street Ironworks, Inc. dba
               Eighth Street Ironworks to expand its licensed
               premise by the addition of an outside area
               measuring approximately 9 feet by 60 feet to the
               south at 301 N. 8th Street. (Public Hearing &
               Action con't. 2 weeks to 9/12/05) (WITHDRAWN, 5-0;
	         CAMP ABSENT; #38-4505)

2)             Application Fat Pat's Pizza & Subs Inc. dba
               Patty's Pub East to expand its licensed premise by
               the addition of an outside area measuring
               approximately 12 feet by 30 feet to the east at
               311 N. Cotner. (DELAYED ONE WEEK T0 9/19/05, 6-0)

3)             Application of Kristen E. Raasch dba KREM for a
               Class I with Catering liquor license at 701 P
               Street, #203.(ADOPTED FOR APPROVAL, 6-0; A-83524)

4)             Application of Mulligans Inc. dba Mulligans to
               expand its licensed premise by the addition of an
               outside area measuring 25 feet by 25 feet to the
               south of the existing beer garden at 5500 Old
               Cheney Road.(ADOPTED FOR APPROVAL, 6-0; A-83525)


PUBLIC HEARING
ORDINANCES - 2ND READING & RESOLUTIONS (ITEMS 5 THRU 15 HAD 2ND
READING; SEE ITEMS #8, 9, 10, 11, 12)

5)   05-129    Amending Ordinance No. 17381 to allow preparation
               of detailed plans and specifications for a median
               along South 56th Street between Madalyn Road and
               Old Cheney Road as well as to allow preparation of
               detailed plans and specifications and construction
               of a west leg to the South 56th and Shadow Pines
               Drive intersection which will connect South 56th
               Street to Stephanie Lane. (Related Items: 05-
               129, 05R-178)(Action date 9/12/05) (8/29/05 -
               Con't. Public Hearing in 2 wks. on 9/12/05) Action
               Date: 9/19/05)
               Fact Sheet (30K)
               Attachment (108K)

6)   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) (Request to remove from
               Pending for Public Hearing on 8/29/05)
               (8/22/05 - To have Public Hearing 8/29/05)
               (Related Items: 05-129, 05R-178) (Action
               date 9/12/05) (8/29/05 - Con't. Public
               Hearing in 2 wks. on 9/12/05) (Action Date:
               9/19/05)

7)   05-130    Amending Ordinance No. 18214 to allow preparation
               of detailed plans and specifications for a median
               along Pioneers Boulevard from the east leg of the
               South 70th Street intersection easterly to the
               intersection of Pagoda Lane. (8/29/05 - Con't.
               Public Hearing in 2 wks. on 9/12/05) Action Date:
               9/19/05)
               Fact Sheet (464K)

8)   05-135    Authorizing the issuance of not to exceed
               $150,000,000 City of Lincoln, Nebraska, Lincoln
               Electric System Revenue Bonds. (Request
               2nd & 3rd Readings on 9/12/05) (WAIVED THE RULES TO
	         HAVE 2ND & 3RD READING THIS DATE, 6-0; AMENDED, 6-0;
	         PASSED AS AMENDED, 6-0; #18609)

9)   05R-169   Special Permit 1965 - Application of Hartland
               Homes, Inc. to develop Hartland Homes N.W. 1st
               Community Unit Plan for 70 dwelling units,
               including a requested  variance to allow
               unenclosed decks to project 10' into the required
               rear yard and a reduction of the cul-de-sac radius
               requirement from 60' to 55', on property generally
               located west of N.W. 48th Street and north of West
               St. Paul Avenue. (Related Items: 05R-169, 05R-
               170, 05-96, 05-97) (Action Date: 9/19/05)
		   (CONT. PUBLIC HEARING TO 9/19/05 W/ACTION 9/26/05,
 	         6-0)
               Fact Sheet (399K)

10)  05R-170   Preliminary Plat 02007 - Application Hartland
               Homes, Inc. to develop Hartland Homes N.W. 1st
               Addition for 70 dwelling units on approximately 12
               acres, including a requested variance to allow
               unenclosed decks to project 10' into the required
               rear yard and a reduction of the cul-de-sac radius
               requirement from 60' to 55', on property generally
               located west of N.W. 48th Street and north of West
               St. Paul Avenue. (Related Items: 05R-169, 05R-
               170, 05-96, 05-97) (Action Date:
               9/19/05)
               Fact Sheet (417K)
      	       (CONT. PUBLIC HEARING TO 9/19/05 W/ACTION
	         9/26/05, 6-0)

11)  05-96     Street Vacation 02003 - Application of
               Hartland Homes Inc. to vacate West Madison
               Avenue from a point 7.17 feet west of the
               west line of N.W. 49th street to N.W. 53rd
               Street. (Related Items: 05R-169, 05R-170,
               05-96, 05-97) (Action Date: 9/19/05)
               Fact Sheet (324K)
	         (CONT. PUBLIC HEARING TO 9/19/05 W/ACTION
	         9/26/05, 6-0)

12)  05-97     Street Vacation 03006 - Application of
               Hartland Homes Inc., The Korean Church of
               Lincoln, and Robert & Raeann Lorence, to
               vacate West Cleveland Avenue from the west
               line of N.W. 48th Street to the east line of
               Hartland Homes N.W. 2nd Addition, generally
               located west of N.W. 48th Street and one
               block south of West Adams Street. (Related
               Items: 05R-169, 05R-170, 05-96, 05-97)
               (Action Date: 9/19/05)
               Fact Sheet (267K)
	         (CONT. PUBLIC HEARING TO 9/19/05 W/ACTION
	         9/26/05, 6-0)

13)  05-132    Approving a Sublease Agreement between the City of
               Lincoln and the Nebraska Building Division on
               behalf of Vocational Rehabilitation, Department of
               Education, for providing job training and
               employment services under the Workforce Investment
               Act.
               Fact Sheet (55K)
               Attachment (959K)

14)  05-133    Approving a Sublease Agreement between the City of
               Lincoln and the Nebraska Building Division on
               behalf of Nebraska Workforce Development,
               Department of Labor, for providing job training
               and employment services under the Workforce
               Investment Act.
               Fact Sheet (56K)
               Attachment (904K)

15)  05-134    Change of Zone 05053 - Application of the Planning
               Director for a change of zone from P Public Use
               District to R-3 Residential District on property
               generally located at N.W. 7th Street and N.W.
               Fairway Drive.
               Fact Sheet (624K)


PUBLIC HEARING - RESOLUTIONS

16)  05R-210   Approving an Agreement between the City and County
               to provide the City with an appropriate facility
               at the County Youth Assessment Center for
               temporary detention of juveniles taken into
               custody by the Lincoln Police Department.
               Attachment (190K)	   (ADOPTED, 6-0; A-83526)

17)  05R-212   Appointing David Skipton and Patricia Owen to the
               Air Pollution Control Advisory Board for three-
               year terms expiring September 1, 2008.
               Attachment (78K)
	         (ADOPTED, 6-0; A-83527)

18)  05R-213   Approving a Redevelopment Agreement between the
               City and B&J Partnership for the redevelopment of
               the Salvation Army building complex at 737 P
               Street.
               Fact Sheet (51K)
               Attachment 	         (754K)
               (ADOPTED, 6-0; A-83528)

                 - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

19)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
  	       DEPT.: 
               Change of Zone 05060 - App. of David Lewon
               for a change from P to R-2 on property located at
               N. 33rd Street and Doane Street.
               Special Permit 05036 - App. of Gas 'N Shop
               dba Tobacco Shack #67 to sell alcoholic beverages
               for consumption off the premises on property
               located at 6240 Havelock Avenue.
               Special Permit 05044 - App. of El Rincon,
               LLC to sell alcoholic beverages for consumption on
               premises on property located at 2700 Jamie Lane.

20)            Setting the hearing date of Monday, September 19,
               2005 at 1:30 p.m. for the App. of U.N.C.R., Inc.
               dba Uncle Ron's for a Class "C" liquor license at
               340 W. Cornhusker Highway.   (ADOPTED, 6-0;
	         A-83529)

21)            Setting the hearing date of Monday, September 19,
               2005 at 1:30 p.m. for the App. of Katch, LLC dba
               Luckie's Lounge for an addition of an outdoor beer
               garden at 1101 W. Bond.  (ADOPTED, 6-0; A-83530)

22)            Setting the hearing date of Monday, September 26,
               2005 at 5:30 p.m. for the App. of Alley, Inc. dba
               The Alley for a liquor catering license at 1031 M
               Street.  (ADOPTED, 6-0; A-83531)

23)            Setting the hearing date of Monday, September 26,
               2005 at 5:30 p.m. for the App. of McMore, Inc. dba
               Sportscasters Bar & Grill for an addition of a
               sidewalk caf‚ at 3048 N. 70th Street.  (ADOPTED,
	         6-0; A-83532)


24)  MISCELLANEOUS REFERRALS

REPORTS OF CITY OFFICERS

25)            Clerk's Letter and Mayor's Approval
               of Ordinances & Resolutions passed by
               Council on August 29, 2005.(PLACED ON FILE)

26)            Approving the distribution of funds
               representing interest earnings on short-
               term investments of Idle Funds during
               the month ended July 31, 2005.(ADOPTED, 6-0;
	         A-83533)

27)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for August, 2005.(PLACED
               ON FILE)

28)            Report from City Treasurer of Franchise tax for
               the month of July, 2005 from Aquila.(PLACED ON
               FILE)

29)            Report from City Treasurer of 911 Surcharge fees
               for the months Oct., 2004 to June, 2005.(PLACED
	         ON FILE)

30)            Report from City Treasurer for Telecommunications
               occupation tax for the month of Apr.-June, 2005:
               Fast Phones, Business Telecom, Enhanced Comm.,
               American Farm Bureau, Telenational, Matrix; May,
               2005: Norstan Network, OCMC; June, 2005: Norstan
               Network, 360Networks, Star Number, Business Prod.
               Solutions, Virgin Mobile USA, Telecorp, Air Cell,
               Netifice, ONStar, Verizon Select, PNG, Opex,
               Qwest, Who's Calling, VoiceCom, KDDI America, T-
               Netix, Quantum Shift, IBM Global, IDT, Primus,
               Trans Nat'l., UCN, CIII, Global Crossing, ComTech
               21, McLeod USA, Working Assets, Accessline, ACN,
               Advanced Tel, BellAtlantic, Intellicall Operator
               Services, Shaffer, XO Comm., TracFone Wireless,
               Cincinnati Bell Any Distance, Winstar, Nextel
               West, Guaranteed Phone Service, Alltel Nebraska,
               Alltel Communications of Nebraska, Alltel Systems
               of the Midwest, Cellular One, USCOC of Greater
               Iowa, Cricket, AT&T of Midwest, Nw Cingular
               Wireless, Nebraska Technology & Telecomm.; July
               2005: D& D, Nextel, Sprint Spectrum, Sprint Comm.,
               Guaranteed Phone Service, Nextel West,
               360Networks(USA), SBC Long Distance, Acceris, GTC,
               Tri-M, Zone Telecom, NOS Comm., LDMI, Globalcom,
               Lightyear, Affinity Network, Excel, NOSVA Ltd,
               VarTec, Network Billing Systems, ATS Mobile.
               (PLACED ON FILE)

                        -END CONSENT AGENDA -


ORDINANCES - 1ST READING & RESOLUTIONS (ITEMS 31 THRU 35 HAD 1ST
  	READING)

31)  05-136    Approving a Lease Agreement between the City and
               The 3 Amigos Properties for a lease of space for a
               three-year term for use by the Lincoln Police
               Department.
               Fact Sheet (63K)
               Attachment (888K)

32)  05-137    Change of Zone 05049 - Application of Aspen for a
               change of zone from O-3 Office Park District to B-
               2 Planned Neighborhood Business District on
               property generally located at Red Rock Lane and S.
               56th Street. (Related Items: 05-137, 05-138)
               (Action Date: 9/26/05)
               Fact Sheet (675K)

33)  05R-218   Use Permit 97A - Application of Aspen to amend the
               use permit to change the land use table and
               request a waiver to the front yard setback on
               property generally located at Red Rock Lane and S.
               56th Street. (Related Items: 05-137, 05-138)
               (Action Date: 9/26/05)
               Fact Sheet (786K)

34)  05-138    Change of Zone 05056 - Application of Roger and
               Carol Williams, Marvin Williams, Velda Williams,
               and Vernon Williams for a change of zone from AG
               Agricultural District to AGR Agricultural
               Residential District on property generally located
               at S.W. 12th Street and W. Denton Road.
               Fact Sheet (282K)

35)  05-139    Change of Zone 05059 - Application of Molex, Inc.
               for a change of zone from H-3 Highway Commercial
               District and I-2 Industrial Park District to I-1
               Industrial District, on property generally located
               at N.W. 12th Street and West Bond Circle.
               Fact Sheet (278K)


ORDINANCES - 3RD READING

36)  05-128    COZ 05004 - Application of Realty Trust Group,
               Inc. for a change of zone from AG Agricultural
               District to R-3 Residential District on property
               generally located at South 84th Street and Old
               Cheney Road; designating said property as a
               Planned Unit Development; and for approval of a
               development plan for 28 multi-family units and
               22,000 square feet of commercial/retail floor area
               in the underlying R-3 Residential District with
               requested waivers of the required preliminary plat
               process and modifications to the Zoning Ordinance
               and Land Subdivision Ordinance.(Request to delay
               action to 9/19/05)
               Fact Sheet (443K)
	         (ACTION DELAYED ONE WEEK TO 9/19/05, 6-0)

37)  05-131    Approving an Agreement between Spirits
               by Beckman and the Lincoln Area Agency
               on Aging/Life for the lease of office
               space for a one-year term in Saunders
               County, Nebraska, for the outposted
               counselor for the Life Office program.
               Fact Sheet (51K)
               Attachment (62K)
	         (PASSED, 6-0; #18610)


PENDING LIST - DATE CERTAIN

38)  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.) ( 8/15/05 - Public Hearing
               con't  to 9/12/05) (8/22/05 - Placed on Pending to
               9/19/05)
               Fact Sheet (1425K)

39)  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.) ( 8/15/05 - Public
	         Hearing con't. to 9/12/05) (8/22/05 - Placed on
	         Pending to 9/19/05)
               Fact Sheet (370K)

40)  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.)
               ( 8/15/05 - Public Hearing con't .  to
               9/12/05) (8/22/05 - Placed on Pending to
               9/19/05)
               Fact Sheet (408K)

41)  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.) ( 8/15/05 - Public Hearing
               con't .  to 9/12/05) (8/22/05 - Placed on
               Pending to 9/19/05)
               Fact Sheet (672K)

42)  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.) 8/15/05
               - Public Hearing con't.   to 9/12/05)
               (8/22/05 - Placed on Pending to 9/19/05)
               Fact Sheet (1046K)


PENDING LIST	(EXTENDED ONE WEEK)

43)  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)

44)  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)

45)   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)

46)  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)

47)  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)

48)  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)

49)  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)

50)  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)

51)  05R-178     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) (8/22/05 - Placed on Pending,
                No Date Certain)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER  19, 2005 AT 1:30 P.M.: 
						(APPROVED, 6-0)

52)  05R-214   Approving the creation of a Joint Public
               Agency for the City of Lincoln and
               Lancaster County to provide for the
               design, acquisition of land, and
               construction of improvements for the
               Rural to Urban Roadway Transition
               Streets Program (RUTS)  and the design
               and acquisition of land for the East
               Beltway.
               Fact Sheet (60K)

53)  05R-215   Appointing Leticia Meza-Casarin to the Lincoln-
               Lancaster Women's Commission for a two-year term
               expiring March 1, 2007.
               Attachment (18K)

54)  05R-217   Authorizing the use of the public right-of-way by
     Approval  The Tool House for use of the north 10 feet of
     Denial    public right-of-way at 800 Q Street for display
               purposes.
               Fact Sheet (57K)
               Attachment (884K)

55)  05R-219   Appeal of Prairie Homes from the Planning Commission conditional
     Approval  approval of  Preliminary Plat No. 05003, Highland View Addition,
     Denial    Condition No. 1.1.9 of the staff report requiring a full median
               on Highway 34 at the temporary access and to label the intersection
               as right-in, right-out only, on property generally located west
               of N.W. 12th Street between Hwy. 34 and W. Alvo Road.
               Fact Sheet (321K)

56)  05R-220   Accepting the report of new and pending claims against the City
               and approving disposition of claims set forth for the period of
               August 16 - 31, 2005.
               Fact Sheet (13K)
               Attachment (21K)



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 (9/20/05)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION  (9/26/05).


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. OPEN MICROPHONE SESSIONS FOR SEPTEMBER ARE
THE  12TH AND 26TH.



ADJOURNMENT  4:45 P.M.


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