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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