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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 19, 2004 AT 1:30 P.M.
MAYORS AWARD OF EXCELLENCE - MAY RECIPIENTS - DAVE BOMBERGER OF
PARKS & RECREATION DEPT., JAY EDMISTON OF PUBLIC WORKS DEPT., AND
LEON MARQUART OF HEALTH DEPT. IN THE CATEGORY OF PRODUCTIVITY;
JUNE RECIPIENT: DONNAMARIE JONES OF THE POLICE DEPT. IN THE CATEGORY OF
PRODUCTIVITY.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Ken's Liquor Inc dba MJ Catering
for a Class I Liquor License located at 2604 Park
Boulevard. (ADOPTED FOR APPROVAL, 7-0; A-82863)
1a) Manager Application of Michael James Budzinski for Ken's Liquor, Inc dba MJ
Catering located at 2604 Park Boulevard. (ADOPTED FOR APPROVAL, 7-0;
A-82864)
2) Application of Geemax Inc. dba N Zone for a
special designated license covering an area
measuring 42' by 50' at 728½ Q St. on Sept. 4
& 11, Oct. 2, 16, & 30, and Nov. 26, 2004 from
8:00 a.m. to 1:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-82865)
3) Application of Pastime Pub Inc. for a special
designated license covering an area measuring 190'
by 120' at 5601 NW 1st St. on Sept. 4 & 11, Oct.
2, 16, & 30, and Nov. 26, 2004 from 8:00 a.m. to
1:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-82866)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEM 4 THRU 7 HAD 2ND READING;
SEE ITEM #7)
4) 04-129 Vacation 03013 - Vacating South 49th Street
between Prescott and Lowell Avenues and the west
50' of the alley east of South 49th Street between
Prescott and Lowell Avenues.
Fact Sheet (148K)
5) 04-130 Vacation 04002 - Vacating the remaining portion of
North 47th Street between the north line of W
Street and the south line of the vacated Missouri
Pacific Railroad.
Fact Sheet (141K)
6) 04-132 Change of Zone 04031 - Application of Rose
Investments, Inc. for a change of zone from I-1
Industrial District to P Pubic Use District and R-
4 Residential District, and from R-4 Residential
District to P Public Use District on property
generally located west of North 33rd Street and
south of Apple Street. (In connection w/04R-
173)
Fact Sheet (241K)
7) 04R-173 Special Permit 04023 - Application of Rose
Investments, Inc. to develop Flat Iron Crossing
Community Unit Plan for 34 dwelling units,
including waivers of the maximum block length,
pedestrian way easement, lot depth to width ratio,
recreational facility, and location of sanitary
sewer main, on property generally located west of
North 33rd Street and south of Apple Street.
(In connection w/04-132)
Fact Sheet (345K)
(ACTION DELAYED FOR ONE WEEK TO 7/26/04, 7-0)
PUBLIC HEARING - RESOLUTIONS
8) 04R-169 Approving a resolution directing the submission of
a proposed General Obligation Bond Issue not to
exceed $75,000,000 for acquisition and
construction of improvements to the City's streets
and avenues, public ways and trails at a Special
election to be held on September 14, 2004.
Fact Sheet (15K)
(ADOPTED, 7-0; A-82867)
9) 04R-166 Waiver 04008 - Application of Union College to
waive the parking lot surfacing requirements for a
16,500 sq. ft. area generally located at S. 51st
Street and Bancroft Ave.
Fact Sheet (159K)
(ADOPTED, 7-0; A-82868)
10) 04R-170 Supporting fairness, justice and equal opportunity
in the work place and working towards eliminating
racism and discrimination in the work place.
(ADOPTED, 7-0; A-82869)
11) 04R-171 Approving Responsible Beverage Service Programs
provided by the Responsible Hospitality Council
for managers or licensees required to obtain
manager/server training under Section 5.04.035 of
the Lincoln Municipal Code.
Fact Sheet (14K)
(ADOPTED, 7-0; A-82870)
12) 04R-174 Preliminary Plat 02005 - Accepting and approving
the preliminary plat of Catherland Subdivision and
waiving the required sidewalk on Cather Street,
allowing the sanitary sewer to run opposite street
grades, and allowing the sanitary sewer to drain
from one basin to another, on property generally
located at N. 70th Street and Fletcher Ave.
Fact Sheet (266K)
(ADOPTED, 7-0; A-82871)
13) 04R-175 Amending Resolution No. A-82833 to describe the
purpose of expanding the boundary of Use Permit
No. 94B to allow a free standing pharmacy rather
than a medical office building.
(ADOPTED, 7-0; A-82872)
14) 04R-176 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of June 16
- 30, 2004.
Fact Sheet (13K)
Attachment (30K)
(ADOPTED, 7-0; A-82873)
15) 04R-177 Approving a contract involving the expenditures of
money from appropriations of more than one year
for a water project that provides for the
construction of nitrification and capacity
improvements at the Theresa Street Wastewater
Treatment Facility.
Fact Sheet (57K)
(ADOPTED, 7-0; A-82874)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
16) Report of UNL Microbiologist for water testing for
the month of June, 2004. (PLACED ON FILE)
17) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
18) Investment of Funds for the week of July 6 thru
July 9, 2004. (ADOPTED, 7-0; A-82875)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 19 THRU 24 HAD
1ST READING)
19 04-131 Amending Chapter 27.58 of the Lincoln
Municipal Code relating to the Airport
Environs Noise Dist. to change the noise
level reference from Ldn to DNL; to delete
the number 1 from the district name; to amend
the boundaries of the district; to revise
provisions regarding permitted uses; to
revise provision regarding conditional
permitted uses; to delete the requirement
that a Covenant, Notice & Acknowledgment be
granted & instead to require the grant of an
aviation & noise easement; & to add reference
to the aviation & noise easement. (In
connection W/04R-172 & 04R-182)
Fact Sheet (398K)
20) 04R-172 Comp. Plan Amendment 04002 - Adopting the Lincoln
Airport F.A.R. Part 150 Noise Compatibility Study
as an approved subarea plan of the
Lincoln/Lancaster County Comprehensive Plan & to
amend the land use plan accordingly for the area
generally located between SW 40th St. & S.
Coddington Ave., from W. South St. to ½ mile
north of W. A St. (In connection w/04-131 &
04R-182)
Fact Sheet (420K)
21) 04R-182 Approving an Interlocal Agreement between the City
& the Airport Authority regarding City's & Airport
Authority's responsibilities in implementing the
Airport Environs Noise District requirement that
as a condition of subdivision, zoning code,
community unit plan, special permit, or use permit
approval that the applicant grant an aviation
easement protecting the Airport Authority from
claims of damages from airport noise & overflight
impact. (In connection w/04-131 & 04R-172)
Attachment (16K)
22) 04-133 Approving the financing of a Lease-Purchase
Agreement between the City & Union Bank & Trust
Company in an amount not to exceed $2,500,000 for
the acquisition by the City of fire fighting &
public safety emergency equipment.
23) 04-134 Change of Zone 04041 - Application of B&J
Partnership for a change from P Public Use
District to I-1 Industrial District on
approximately 24.62 acres of property generally
located at South 9th St. & Calvert St.
Fact Sheet (255K)
24) 04-135 Approving a Lease Agreement between the City & the
Airport Authority for storage space at Buildings
No. 2690 & 2699 in Lincoln Air Park West for a
term beginning Sept. 1, 2004 through Aug. 31,
2005.
Fact Sheet (42K)
Attachment (181K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
25) 04-128 Amending Chapter 2.76 of the Lincoln Municipal
Code to extend family sick leave to include any
person under legal guardianship of an employee, to
rearrange the Funeral Leave section for clarity,
and to allow employees on military leave without
pay to not first exhaust all applicable leave
balances.
Fact Sheet (201K)
Attachment (201K)
(PASSED, 7-0; #18404)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
26) 00-65 Change of Zone 3196 - App. of the
Interim Planning Director for a change
from B-1 Local Business & R-3 Residential to B-2
Planned Neighborhood Business & from R-3
Residential to AGR Agricultural Residential, on
property generally located at S. Coddington Ave. &
W. Van Dorn St. (In connection w/00-67) (4/17/00
- Placed on Pending) (3/5/01 - Placed on
Pending)
Fact Sheet (1.4M)
27) 00-67 Change of Zone 3247 - App. of the Interim
Planning Director for a change
from AGR Agricultural Residential & R-3
Residential to B-2 Planned Neighborhood Business,
on property generally located on the southwest
corner of S. Coddington Ave. & W. Van Dorn St.
(In connection
w/00-65) (4/17/00 - Placed on Pending)
(3/5/01 - Placed on Pending)
Fact Sheet (949K)
28) 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 (1.1M)
29) 01-182 Amending Chapter 5.36 of the Lincoln Municipal
Code relating to Peddlers by adding a new section
to prohibit use by peddlers of any truck over 21 feet
in length in any residential zoning district, except
for the purpose of delivery goods. (12/17/01 - Placed on
Pending until 1/14/02) (1/7/02 - To remain on
Pending)
Fact Sheet (4K)
30) 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)
31) 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 (4K)
32) 04-13 Change of Zone 3429 - Application of
William Krein for a change of zone from
R-4 Residential District to R-T
Residential Transition District on
property generally located at S.
56thStreet and Pine Lake Road.
(2/2/04 - Public Hearing & Action
con't to 3/1/04) (3/1/04 - Placed on
Pending)
Fact Sheet (825K)
33) 04R-12 Special Permit 1713B - Application of William
Krein to amend the boundaries of Aspen
3rd Addition Community Unit Plan and add
ten residential lots for a total of 205 single
family, townhouse, and multi-family units on
property generally located at S. 56th
Street and Pine Lake Road. (In connection
w/04R-13, 04-13) (2/2/04 - P.H. & Action con't. to
3/1/04) (3/1/04 - Placed on Pending)
Fact Sheet (785K)
34) 04R-13 Use Permit 155 - Application of William Krein to
construct nine 5,000 sq. ft. office buildings on
property generally located at S. 56th Street and
Pine Lake Road. (In connection w/04R-12, 04-13)
(2/2/04 - P.H. & Action Con't. to
3/1/04) (3/1/04 - Placed on Pending)
Fact Sheet (762K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 26, 2004 AT 5:30 P.M.:
(APPROVED, 7-0)
35) 04R-178 Approving an Agreement between the City &
Lancaster County to provide for the widening,
reconstruction, & maintenance of Holdrege St.
beyond the City limits.
Attachment (205K)
36) 04R-179 Approving an Agreement between the City &
Lancaster 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
Dept.
Attachment (164K)
37) 04R-180 Appointing Holly Burns to the City Personnel Board
to fill an unexpired term expiring June 22, 2005.
Attachment (44K)
38) 04R-181 Appointing Patrick Borer to the City Personnel
Board for a five-year term expiring June 22, 2009.
Attachment (26K)
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.
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 (7/21/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (7/26/04).
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.
ADJOURNMENT 3:46 P.M.
***
The City Council Meeting
which is broadcast live at 1:30 p.m. every Monday and
at 5:30 p.m. on the last Monday of each month
will be rebroadcast on Saturdays at 1:00 p.m.,
Immediately following the Pre-Council Meeting
on 5 City-TV, Cable Channel 5.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***
City Council