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City of Lincoln City Council Office Formal Agenda | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, AUGUST 8, 2005 AT 4:30 P.M. ALL MEMBERS PRESENT PUBLIC HEARING FOR THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM THE 2005-06 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM FY 2005-11 WILL BEGIN AFTER THE REGULAR CITY COUNCIL MEETING PUBLIC HEARING LIQUOR RESOLUTIONS - NONE PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTION (ITEMS 1 & 2 HAD 2ND READING) 1) 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) 2) 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) PUBLIC HEARING - RESOLUTIONS 3) 05R-182 Approving the StarTran Rate Schedule to increase the StarTran Fare Structure. Fact Sheet (71K) (ACTION DELAYED ONE WEEK TO 8/15/05, 7-0) 4) 05R-183 Reappointing Helen Meeks to the Community Health Endowment Board of Trustees for a three-year term expiring September 1, 2008. (ADOPTED, 7-0; A-83459) 5) 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) (ADOPTED, 7-0; A-83460) - END OF PUBLIC HEARING - CONSENT AGENDA: PETITIONS & COMMUNICATIONS 6) Setting the Hearing Date of Monday, August 15, 2005 at 1:30 p.m. for App. of 513 Vegas Group LLC dba Opulence Ultra Club for a Class C liquor license at 1033 O Street, Suite 10. (ADOPTED, 7-0; A-83461) 7) Setting the Hearing Date of Monday, August 22, 2005 at 1:30 p.m. for App. of Christo's Pub, Inc. dba Christo's Pub for a Class C liquor license at 1200 O Street. (ADOPTED, 7-0; A-83462) 8) Setting the Hearing Date of Monday, August 22, 2005 at 1:30 p.m. for App. of Lincoln Steak Company LLC dba Whiskey Creek Steakhouse at 3000 Pine Lake Rd. for a catering license. (ADOPTED, 7-0; A-83463) 9) Setting the Hearing Date of Monday, August 22, 2005 at 1:30 p.m. for Man. App. of Joel C. Priest for Brinker Restaurant Corp. dba Chili's Southwest Grill at 6730 S 27th Street. (ADOPTED, 7-0; A-83464) 10) Setting the Hearing Date of Monday, August 22, 2005 at 1:30 p.m for App. of Hy Vee, Inc #1, Hy Vee, Inc. #2, & Hy Vee, Inc. #3 for Class C liquor licenses at 6919 O Street, 2343 N. 48th Street, & 5020 N. 27th Street. (ADOPTED, 7-0; A-83465) 11) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT. Change of Zone 05053 - App. of the Planning Director for a change from P to R-3 on property at NW 12th Street & Highlands Blvd. Change of Zone 05055 - App. of Richard Evnen of PFS Property LLC for a change from AG to I-3 at NW 60th & West O Street. Use Permit 05007 - App. of Richard Evnen of PFS Property LLC for a 735,000 sq. ft. of commercial, with waiver requests to allow on premise ground sounds for each free standing pad site building to be located more than 30' from the buildings and within the front yard setback to dedicate 60' of right-of-way along West O Street instead of 100' and to allow a double frontage lot for Lot 3 located at NW 56th Street and West O Street. Special Permit 1689A - App. of Mulligan, Inc. an amendment to expand the outdoor premises authorized for the sale of alcohol for consumption on the premises located at S. 56th Street & Old Cheney Road. 12) MISCELLANEOUS REFERRALS Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on August 1, 2005. (PLACED ON FILE) THE FOLLOWING REQUESTS FOR REASONABLE ACCOMMODATION APPLICATIONS HAVE BEEN REFERRED TO THE PLANNING COMMISSION: 1) Developmental Services of Nebraska, Inc. (DSN), 424 N. Coddington Avenue. 2) Developmental Services of Nebraska, Inc. (DSN), 416 N. Coddington Avenue. 3) Developmental Services of Nebraska, Inc. (DSN), 5516 Hunts Drive. 4) Developmental Services of Nebraska, Inc. (DSN), 1661 Timber Ridge Road. REPORTS OF CITY OFFICERS 13) Approving the distribution of funds representing interest earnings on short-term investments of Idle Funds during the month ended June 30, 2005. ADOPTED, 7-0; A-83466) 14) Lincoln Water & WasteWater System Recapitulation of Daily Cash Receipts for July 2005. (PLACED ON FILE) 15) Report from City Treasurer of Franchise Tax for the month of June 2005 from Aquila.(PLACED ON FILE) 16) Report from City Treasurer of Franchise Tax for the quarter ending June 30, 2005 from Time Warner Cable.(PLACED ON FILE) 17) Report from City Treasurer of Telecommunication Occupation Tax for the Months of Jan.-June, 2005: D&D Comm.; April, 2005: NWSI; April-June, 2005: AmeriVision, Claricom, Trinsic, VoiceStream, Touch 1; May, 2005: Nebraska Technology & Telecomm., Cellular One, Cricket, USCOC of Greater Iowa, New Cingular Wireless, AT&T Comm. Of Midwest, Alltel Nebraska, Alltel Comm. of Nebraska, Alltel Systems of the Midwest, 360 Networks(USA), Working Assets, Virgin Mobile USA, UCN, Trans National Comm. Int'l., CIII Comm. Operations, Cincinnati Bell Any Distance, XO Comm., Bell Atlantic Comm., On Star, Intellicall Operator, Global Crossing, Primus, McLeodUSA, ACN, Advanced Tel, Verizon, Telecorp., Liberty Wireless, KDDI America, T-Netix, Quantum Shift, IBM Global, VoiceCom, Qwest, TracFone Wireless, Guaranteed Phone, One Call; June 2005: Sprint Spectrum, Sprint, Nextel Partners, Network Billing Systems, SBC Long Distance, Lightyear Network Solutions, NOS Comm., GTC, LDMI, GlobalCom, Acceris, Zone, Tri-M, Association Adm., Affinity Network, ATS Mobile Telephone, NOSVA Ltd, VarTec, Excel.(PLACED ON FILE) - END CONSENT AGENDA - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (ITEMS 18 TO 26 HAD 1ST READING) 18) 05-116 Repealing Section 10.48.090 of the Lincoln Municipal Code relating to the sale of abandoned or seized bicycles Fact Sheet (64K) 19) 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) 20) 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) 21) 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) 22) 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) 23) 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) 24) 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) 25) 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) 26) 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) ORDINANCES - 3RD READING 27) 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. (PASSED, 7-0; #18585) 28) 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) (PASSED, 7-0; #18586) 29) 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) (AMENDED #1, 7-0; PASSED AS AMENDED, 7-0; #18587) 30) 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) (PASSED, 7-0; #18588) 31) 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) (PASSED, 7-0; #18589) 32) 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) (PASSED, 7-0; #18590) 33) 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) (ACTION DELAYED TWO WEEKS TO 8/22/05, 7-0) 34) 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) (PASSED, 7-0; #18591) 35) 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) (PASSED, 7-0; #18592) 36) 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) (PASSED, 7-0; #18593) 37) 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) (PASSED, 7-0; #18594) 38) 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) (PASSED, 7-0; #18595) 39) MAYOR'S VETO OF RESOLUTION NO. A-83439 - Hearing on Dan Hoffman's Notice of Appeal appealing from the impact fees determination of Impact Fees imposed for the single-family dwelling located at 2464 Woodscrest Ave. and requesting a waiver or reduction of said fees. (VETO OVERRIDE PASSED, 7-0; A-83439 EFFECTIVE DATE 7/25/05) PENDING LIST - DATE CERTAIN 40) 05R-163 Appeal of Cindy J. Swanson from the Approval Planning Commission denial of Special Denial Permit No. 05032 for 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) Fact Sheet (919K) 41) 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) 42) 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) 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) 56) 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 15, 2005 AT 1:30 P.M.: (APPROVED, 7-0) 57) 05R-186 Appointing Kevin Flores to the City Personnel Board for a five year term expiring June 22, 2010. Attachment (46K) 58) 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) 59) 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) 60) 05R-189 Reappointing James Lamphere to the Government Access and Information Committee for a two-year term expiring January 1, 2007. 61) 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) 62) 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) 63) 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) 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 5:11 P.M. RECONVENE 5:25 P.M. PUBLIC HEARING 1) ONE & SIX YEAR STREET & HIGHWAY PROGRAM 2) 2005-06 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM FY 2005/06 - 20010/11 ADJOURNMENT 8:26 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 ***