InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
City of Lincoln
City Council Office

Formal Agenda/Action

 


                ACTION FROM REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, JULY 26, 2004 AT 5:30 P.M.
                                
                    
            ALL MEMBERS PRESENT EXCEPT TERRY WERNER & ANNETTE MCROY
          

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Pershing Center for a special
               designated liquor license to cover an area in 
               N Street between 16th and 14th Streets, and 15th
               Street M to O Streets on August 12 through 15,
               2004 from 11:00 a.m. to 11:59 p.m. (ADOPTED FOR 
               APPROVAL, 5-0; A-82876)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS 
(ITEM 2 THRU 7 HAD 2ND READING; SEE ITEM 3 & 4)

2)   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)
							 
3)   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) (ACTION DELAYED 
               FOR 1 WEEK TO 8/2/04; 5-0)
               Fact Sheet (420K)
							 
4)   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) 
               (ACTION DELAYED FOR 1 WEEK TO 8/2/04; 5-0)
               Attachment (16K)
							 
5)   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.

6)   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)
							 
7)   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)
							 

PUBLIC HEARING - RESOLUTIONS

8)   04R-178   Approving an Agreement between the City &
               Lancaster County to provide for the widening,
               reconstruction, & maintenance of Holdrege St.
               beyond the City limits. (ADOPTED, 5-0; A-82877)
               Attachment (205K)
							 
9)   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 Department. (ADOPTED, 5-0; A-82878)
               Attachment (164K)
							 
10)  04R-180   Appointing Holly Burns to the City Personnel Board
               to fill an unexpired term expiring June 22, 2005. 
               (ADOPTED, 5-0; A-82879)
               Attachment (44K)
							 
11)  04R-181   Appointing Patrick Borer to the City Personnel
               Board for a five-year term expiring June 22, 2009.
               (ADOPTED, 5-0; A-82880)
               Attachment (26K)
							 
                      - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

12)            THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
                    Special Permit No. 04036 - requested by ESP Inc.
                          for approximately 18 lots and 2 outlots on
                          property generally located at Pier 2 and
                          Lamont Drive. 
                    Special Permit No. 04038 - requested by Edward
                          Rose Properties Inc for a 100' tower on
                          property generally located at N. 31st Street. 

13)            Report of UNL Microbiologist for water testing for
               the month of June, 2004. (PLACED ON FILE)

14)            Setting the hearing date of Monday, August 9, 2004
               at 5:30 pm for the Application of Penalty Box Pub
               LLC dba Penalty Box Pub for a Class I Liquor
               License located at 5551 South 48th Street. 
               (ADOPTED, 5-0; A-82881)


15)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances passed by the City Council on 
               July 19, 2004. (PLACED ON FILE)

               Setting a hearing date of Monday, August 16, 2004, 
               at 5:30 p.m. on the Appeal of Impact Fee Determination 
               on behalf of Berean Fundamental Church of Lincoln, 
               Nebraska, covering Building Permit Application No. 
               B0401352, on property located at 6400 South 70th Street.
               (APPROVED, 5-0) 


REPORTS OF CITY OFFICERS

16)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on July
               12, 2004. (PLACED ON FILE)

17)            Report from City Treasurer of City Cash on hand at
               the close of business June 30, 2004. (PLACED ON FILE)

18)            Investment of Funds for the week of July 12 thru
               July 16, 2004. (ADOPTED, 5-0; A-82882)

                       - END CONSENT AGENDA -
                                
                                
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 19 THRU 29 HAD 1ST READING)

19)   04-136   Amending Section 5.04.210 of the Lincoln
               Municipal Code to adjust occupation tax on
               liquor licenses to set them at the maximum
               rate allowed by recently passed LB 485.
               Fact Sheet (51K)
							 
20)  04-137    Change of Zone 04039 - Application of Eiger
               Corporation for a change of zone from H-4 General
               Commercial District to B-5 Planned Regional
               Business District on property generally located
               southeast of the intersection of South 84th Street
               and Highway 2. (In connection w/04R-183, 04R-184)
               Fact Sheet (176K)
							 
21)  04R-183   Special Permit 2046A - Application of Eiger
               Corporation to develop 32,500 sq. ft. of
               commercial and retail floor area with waivers to
               the preliminary plat process, to allow a cul-de-
               sac in excess of 1,000 feet, to reduce setbacks
               from 20 feet to 0 feet adjacent to outlots, to not
               require a sidewalk along Highway 2 and S. 87th
               Street, to allow the transfer of sewage from one
               drainage basin to another, and to allow lot lines
               not at right angles to street, on property
               generally located southeast of the intersection of
               S. 84th Street and Highway 2. (In connection
               w/04-137, 04R-184)
               Fact Sheet (555K)
							 
22)  04R-184   Use Permit 150A - Application of Eiger Corporation
               to develop 325,000 sq. ft. of commercial and
               retail floor area, with waivers to the preliminary
               plat process, to allow a cul-de-sac in excess of
               1,000 feet, to reduce setbacks from 20 feet to 0
               feet adjacent to outlots, to not require a
               sidewalk along Highway 2 and S. 87th Street, to
               allow the transfer of sewage from one drainage
               basin to another, and to allow lot lines not at
               right angles to street, on property generally
               located southeast of the intersection of S. 84th
               Street and Highway 2. (In connection w/04-137,
               04R-183)
               Fact Sheet (594K)
							 
23)  04-138    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 (115K)
							 
24)  04-139    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 (44K)
							 
25)  04-140    Amending the pay schedule for a certain employee
               group prefixed by the letter A and the letter C by
               creating the job classifications of EMS Management
               Support Specialist and Urban Search and Rescue
               Specialist.
               Fact Sheet (137K)
               Attachment (149K)
							 
26)  04-141    Amending Section 2.76.200 of the Lincoln Municipal
               Code, Compensation Plan, to clarify the procedure
               for temporary assignment in a higher
               classification as it relates to employees with a
               pay range prefixed by the letter N.
               Fact Sheet (137K)
							 
27)  04-142    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 (136K)
							 
28)  04-143    Amending Chapter 5.14 of the Lincoln Municipal
               Code relating to Bowling Alleys to define "public
               bowling centers" and to require a permit for a
               teen night event at a public bowling center, to
               change the reference from public bowling alley to
               public bowling center, to provide the permit
               procedure and fee for teen night events, to revise
               conditions for issuance of permits, to provide
               that permits for bowling centers shall expire one
               year after date of issuance, to change references
               to bowling "alleys" to "lanes", to change
               references to bowling alley to public bowling
               center, to clarify grounds for revocation of
               permits, to change a reference to "license" to
               "permit", to add new sections to provide permit
               requirements for teen night events, to prohibit
               the use of tobacco and alcoholic liquor at all
               teen night events, to establish closing hours for
               teen night events, to establish a minimum age of
               teen night event participants, to make it unlawful
               to falsely present age at a teen night event, to
               limit the use of facilities, to require
               maintenance and one year retention of a roster of
               participants at each teen night event, to require
               a certificate of insurance coverage, to provide an
               exception regarding violations, and to provide
               penalties.

29)  04-144    Amending Section 5.04.120 of the Lincoln Municipal
               Code to allow minors to be on premises licensed to
               sell alcohol after 9:00 p.m. only during times and
               places properly permitted for a particular teen
               night event.
               Fact Sheet (9K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

30)  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. (PASSED, 5-0; #18405)
               Fact Sheet (148K)
							 
31)  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. (PASSED, 5-0; #18406)
               Fact Sheet (141K)
							  
32)  04-132    Change of Zone 04031 - Application of Rose
               Investments, Inc. for a change of zone from I-1
               Industrial District to P Public 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) 
               (PASSED, 5-0; #18407)
               Fact Sheet (241K)
							 
33)  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) (7/19/04 - Action 
               Delayed to 7/26/04) (ADOPTED, 5-0; A-82883)
               Fact Sheet (345K) 


PENDING LIST - DATE CERTAIN - NONE

PENDING LIST (EXTENDED ONE WEEK)

34)  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)
							 
35)  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)
							 
36)  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)
							 
37)  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)
							 
38)  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)
							  
39)  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)
							  
40)   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. 56th Street 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)
							 
41)  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)
							 
42)  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, AUGUST 2, 2004 AT 1:30 P.M.:            (APPROVED, 5-0)
							 
43)  04R-190   Amending the monthly rate for the 911 Surcharge from $.75 per line 
               to $1.00 per line.
               Fact Sheet (64K)
               Attachment (20K)
							 
44)  04R-185   Approving a three-year services contract for Downtown Business 
               Improvement District.
               Fact Sheet (487K)
               Attachment (363K)
							 
45)  04R-186   Approving the Budget and Program of Work for the Downtown Lincoln 
               Association Management and Maintenance Districts for Fiscal Year 
               2004 - 2005.
               Fact Sheet (390K)
               Attachment (291K)
							 
46)  04R-187   Authorizing Vincenzo's Inc. to occupy a portion of the public 
               right-of-way at 808 P Street to provide outdoor seating for 
               Vincenzo's Restaurant.
               Fact Sheet (58K)
               Attachment (357K)
							 
47)  04R-188   Accepting the report of new and pending claim against the City 
               and approving disposition of claims set forth therein for the period 
               of July 1 - 15, 2004.
               Fact Sheet (13K)
               Attachment (29K)
							 
48)  04R-189   Approving a License Agreement between the City and Whitehead Oil Co. 
               to allow Whitehead Oil to install and operate a proposed petroleum
               remediation system.
               Fact Sheet (368K)
               Attachment (363K)
							 

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 (7/28/04) PRIOR TO THE NEXT FORMAL CITY
          COUNCIL MEETING (8/2/04).


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 6:30PM  




                                     ***
                           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