InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
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