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City of Lincoln City Council Office 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.
***
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