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Formal Agenda/Action

 


         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                MONDAY, AUGUST 2, 2004 AT 1:30 P.M.
                        
                        ALL MEMBERS PRESENT       
            
                  
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS
(ITEM 1 THRU 11 HAD 2ND READING; SEE ITEMS 3 & 4)

1)   04-136    Amending Section 5.04.210 of the Lincoln Municipal
               Code to adjust the occupation tax on liquor
               licenses to set them at the maximum rate allowed
               by recently passed LB 485.
               Fact Sheet (51K)
							 
2)   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)
							 
3)   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)(DELAYED ACTION FOR 1 WEEK 
               TO 8/9/04; 7-0)
               Fact Sheet (555K)
							 
4)   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) (DELAYED ACTION FOR 1 WEEK TO 8/9/04; 7-0)
               Fact Sheet (594K)
							 
5)   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)
							 
6)   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)
							  
7)   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)
							 
8)   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)
							 
9)   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)
							 
10)  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.

11)  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)  


PUBLIC HEARING - RESOLUTIONS

12)  04R-190   Amending the monthly rate for the 911 Surcharge
               from $.75 per line to $1.00 per line. 
               (ADOPTED, 7-0; A-82884)
               Fact Sheet (64K)
               Attachment (20K)
							 
13)  04R-185   Approving a three-year services contract for
               Downtown Business Improvement District.
                (ADOPTED, 7-0; A-82885)
               Fact Sheet (487K)
               Attachment (363K)
							 
14)  04R-186   Approving the Budget and Program of Work for the
               Downtown Lincoln Association Management and
               Maintenance Districts for Fiscal Year 
               2004 - 2005. (ADOPTED, 7-0; A-82886)
               Fact Sheet (390K)
               Attachment (291K)
							 
15)  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. 
               (PUB. HEARING AND ACTION CON'T FOR 1 WEEK 
               TO 8/9/04, 6-0, ABSTAINING: CAMP)
               Fact Sheet (58K)
               Attachment (357K)
							 
16)  04R-188   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of 
               July 1 - 15, 2004. (ADOPTED, 7-0; A-82888)
               Fact Sheet (13K)
               Attachment (29K)
							 
17)  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. (ADOPTED, 7-0; A-82889)
               Fact Sheet (368K)
               Attachment (363K)
							 
                     - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

18)            Setting the hearing date of Monday, August 16,
               2004 at 1:30 p.m. for a Manager Application of
               Geoffrey M. Webb for Barry Good Inc dba Barry's
               Bar & Grill located at 235 N 9th Street. (ADOPTED, 
               7-0; A-82890)

19)            Setting the hearing date of Monday, August 16,
               2004 at 1:30 p.m. for an Application of Lichti 
               Bros Oil Co Inc dba Shell Food Mart for a 
               Class B Liquor License located at 1101 Belmont.
               (ADOPTED, 7-0; A-82891)

20)            Setting the hearing date of Monday, August 16,
               2004 at 1:30 p.m. for an Application of Lichti
               Bros Oil Co Inc dba Shell Food Mart for a Class B
               Liquor License located at 6000 Havelock. 
               (ADOPTED, 7-0; A-82892)
     
21)            Setting the hearing date of Monday, August 16,
               2004 at 1:30 p.m. for a Application of BCRT Inc 
               dba Coyote Willy's for an addition to licensed 
               premise for an outdoor area measuring approximately 
               45' x 60', located at 2137 Cornhusker Highway, Suite A. 
               (ADOPTED, 7-0; A-82893)


22)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions and 
               Ordinances passed by the City Council on July 26, 2004. 
               (PLACED ON FILE)

   	       Approving the distribution of funds representing interest 
               earnings on short-term investments of Idle Funds during the 
               month ended June 30, 2004. (ADOPTED, 7-0; A-82894)

               Report of Nebraska Department of Roads 2005-2010 surface 
               transportation program. (PLACED ON FILE)

               Setting a hearing date of Monday, September 13, 2004, at 
               1:30 p.m. on the Appeal of Impact Fee determination on 
               behalf of Alodium, LLC covering Building Permit 
               Application No. B0401846, on property located at 
               6710 L Street, Lincoln, Nebraska. (APPROVED, 7-0)


REPORTS OF CITY OFFICERS

23)            Report from the City Treasurer of
               Telecommunication Occupation Tax for April, May,
               June of 2004: Ionex Comm North, Touch 1 Comm,
               Claricom Networks, Z-Tel Comm; May, 2004: NE
               Technology & Telecomm; June, 2004: Telecorp Comm,
               Excel, Nosva Limited Partnership, ATS Mobile
               Telephone Co, Association Administrators,
               WorldXChange Corp, Lightyear Network Solutions,
               Affinity Network, NOS Comm, GTC Telecom, LDMI
               Telecomm, Globalcom Inc, Zone Telecom, Tri-M Comm,
               Vartec, Nextel West Corp, Sprint Spectrum,
               Cellular One, Telecomm Co, USA Inc, D & D Comm,
               Sprint Comm, Norstan Network Services, AmeriVision
               Comm. (PLACED ON FILE)

24)            Report from City Treasurer of Franchise Tax from
               Aquila for the month of June, 2004. (PLACED ON FILE)

25)            Investment of Funds for the week of July 19 thru
               July 23, 2004. (ADOPTED, 7-0; A-82895)

                       - END CONSENT AGENDA -
                                
                                
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 26 THRU 35 HAD 1ST READING)

26)   04-145   Amending the pay schedule for the employee
               group whose classifications are assigned to
               the pay range prefixed by the letter A and C
               to adjust the schedules of annual, monthly,
               biweekly and hourly pay range equivalents.
               (Request 2nd and 3rd Reading on 8-9-04).
               Fact Sheet (47K)
               Attachment (431K)
							 							 
27)  04-146    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. (Request 2nd and 3rd
               Reading on 8-9-04).
               Fact Sheet (46K)
               Attachment (72K)
							 							 
28)  04-147    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. (Request 2nd and 3rd
               Reading on 8-9-04).
               Fact Sheet (47K)
               Attachment (435K)
							 							 
29)  04-148    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. (Request 2nd and 3rd
               Reading on 8-9-04).
               Fact Sheet (47K)
               Attachment (97K)
							 
30)  04-149    Street & Alley Vacation No. 04004 - Vacating South
               6th Street between the south line of the
               Burlington Northern Santa Fe Railroad right-of-way
               and the north line of the east/west alley between
               M and L Street, generally located at 6th and M
               Streets.
               Fact Sheet (164K)
							 
31)  04-150    Street & Alley Vacation No. 04006 - Vacating a
               portion of the plat of Riverside Addition, a
               portion of the plat of Halters Subdivision, Lot 60
               I.T., and all of the previously vacated street and
               alley rights-of-way adjacent thereto, located
               along Salt Creek, north of Military Road. (North
               14th and Virginia Streets)
               Fact Sheet (130K)
							 
32)  04-151    Change of Zone 04035 - Application of Madonna
               Rehabilitation Hospital for a change of zone from
               R-4 Residential District to O-3 Office Park
               District on property generally located at S. 56th
               Street and Pine Lake Road. (In connection
               w/04R-193, 04R-194, 04-152)
               Fact Sheet
							 
33)  04R-193   Special Permit 1713C - Application of Madonna
               Rehabilitation Hospital to amend the Aspen 3rd
               Addition Community Unit Plan to permit 67 dwelling
               units, with a requested waiver of the preliminary
               plat process, on property generally located at S.
               56th Street and Pine Lake Road. (In connection
               w/04-151, 04R-194, 04-152)
               Fact Sheet (501K)
							 
34)  04R-194   Use Permit 04001 - Application of Madonna
               Rehabilitation Hospital to permit a 110,000 sq.
               ft. medical/office building, on property generally
               located at S. 56th Street and Pine Lake Road.
               (In connection w/04-151, 04R-193, 04-152)
               Fact Sheet (592K)
							 
35)  04-152    Vacation 04005 - Vacating Allen Road from the west
               line of Stephanie Lane west to a point
               approximately 565 l.f. along the centerline of
               Allen Road, generally located at Pine Lake Road
               and Stephanie Lane. (In connection w/04-151,
               04R-193, 04R-194)
               Fact Sheet (250K)
							 

ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

36)  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) (PASSED, 7-0; #18408)
               Fact Sheet (398K)
							 
37)  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)(7/26/04 - Action Delayed to 8/2/04) 
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82896)
               Fact Sheet (420K)
							 
38)  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)
               (7/26/04 - Action Delayed to 8/2/04)(ADOPTED, 
               7-0; A-82897)
               Attachment (16K)
							 
39)  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. (PASSED, 
               6-1; DISSENTING: CAMP; #18409)
               
40)  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. 
               (PASSED, 7-0; #18410)
               Fact Sheet (255K)
							 
41)  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. (PASSED, 7-0; #18411)
               Fact Sheet (42K)
               Attachment (181K)
			
				 
RECONSIDERATION DUE TO SUFFICIENT  PETITION SIGNATURES

42)            Creating a New Chapter 8.50 of the Lincoln
               Municipal Code establishing smoking
               regulations and repealing Chapter 8.48 of the
               Lincoln Municipal Code, the Smokefree Air
               Act. (Council must repeal this ordinance
               in its entirety or place on the ballot for
               vote of the citizens of Lincoln; Council must
               also select a date for a special election or
               a general city election) (MOTION TO NOT REPEAL 
               ORDINANCE AND TO PLACE ON 11/2/04 BALLET, 
               APPROVED, 7-0) 


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED ONE WEEK) 

43)   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)
							 
44)  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)
							 
45)  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)
							  
46)  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)
							  
47)  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)
							 
48)  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)
								
49)   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
							 
50)  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)
							 
51)  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 9, 2004 AT 5:30 P.M.:  
                                            (APPROVED, 7-0)

52)  04R-191   Approving Legends at 8300 Northwoods Drive as a
               Keno satellite site.

53)  04R-192   Authorizing the acceptance of the donation of one
               piece of artwork for inclusion in the City's
               public art collection and for display on public
               property.
               Fact Sheet (42K)
							 
54)  04R-195   Adopting the report of the Cable Television
               Advisory Board related to the cable television
               franchise renewal proceedings and the Request for
               Renewal Proposal.
               Fact Sheet (15k)


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 (8/4/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (8/9/04).


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 2:55 P.M.  




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