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Formal Agenda/Action

 

            ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
   	           MONDAY, JANUARY 26, 2004 AT 5:30 P.M.

                           ALL MEMBERS PRESENT

           NOTE:  THERE WILL BE NO CITY COUNCIL MEETING THE WEEK OF   
                             FEBRUARY 16, 2004.
	
					
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)		Manager application of David M. Soflin for Hinky Dinky 
		Lincoln #9 LLC dba Sunmart #738 at 2145 S. 17th Street. 
		(ADOPTED FOR APPROVAL, 7-0; A-82546)

2)		Manager application of Marty L. Dlouhy for B&R Stores, 
		Inc. dba Russ's Bishop Heights IGA at 4200 S. 27th Street. 
		(ADOPTED FOR APPROVAL, 7-0; A-82547)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 3 THRU 5 HAD 2ND READING)

3)	04-1	Approving a four-year Financial Consulting Service 		
		Agreement between the City and Ameritas Investment Corp.
                Fact Sheet (57K)
                Attachment (490K)
		
4)	04-10	Street Name Change 03008 - Naming the new street 	
		constructed as part of the A Street Overpass Project 
		as S.W. 1st Street, generally located at S.W. 1st 
		and West A Streets.
                Fact Sheet (547K)
		
5)	04-11	Street and Alley Vacation 03012 - Vacating the east-west 	
		alley in Block 1, Tresters Addition, from the east line 
		of N. 26th Street to the west line of N. 27th Street, 
		on property generally located at N. 27th and Y Streets.
                Fact Sheet (608K)
		

PUBLIC HEARING - RESOLUTIONS

6)		Application of Nebraska Agri-Business Association at 1335 
		H Street, Suite 100, to conduct a raffle within the City 
		of Lincoln from January 27, 2004 through January 29, 2004. 
		(ADOPTED, 7-0; A-82548)

7)		Application of St. Patrick's Church at 6126 Morrill 	
		Avenue to conduct a lottery within the City of Lincoln 
		from January 30, 2004 through March 17, 2004. 
		(ADOPTED, 7-0; A-82549)

8)	04R-6	Approving Bob's Gridiron Grille & Pigskin Pub at 4201 
		S. 27th Street as a Keno satellite site. 
		(ADOPTED, 7-0; A-82550)

9)	04R-7	Special Permit 2043 - Application of Papke's, Inc. for 
		authority to sell alcoholic beverages for consumption 
		on the premises on property generally located at 6112 
		Havelock Avenue. (ADOPTED, 7-0; A-82551)
                Fact Sheet (621K)
		
10)	04R-8	Special Permit 2031 - Application of Pearle F. Finigan to 
		develop Finigan 2nd Addition Community Unit Plan for four 
		acreage residential units, including waivers to the yard 
		setbacks, minimum lot area, ornamental street lighting, 
		sidewalks, street trees, landscape screen, and stormwater 
		detention, on property generally located northwest of the 
		intersection of N. 84th Street and Waverly Road. 
		(ADOPTED, 6-1; NEWMAN DISSENTING; A-82552)
                Fact Sheet (828K)
		
11)	04R-9	Reappointing Michael Ayars and Jerry Shoecraft to the 
		Lincoln Electric System Administrative Board for 			
		three-year terms expiring December 31, 2006. 
		(ADOPTED, 7-0; A-82553)

12)	04R-10	Appointing Kathy Campbell to the Lincoln Electric System 
		Administrative Board for a three-year term expiring 
		December 31, 2006. (ADOPTED, 7-0; A-82554)
                Application (176K)
		

	- END OF PUBLIC HEARING -


CONSENT AGENDA:


PETITIONS & COMMUNICATIONS

13)		Informal Petition to create a water district for lots 2, 		
		3, 4, 5 and 7 of Stevens Ridge Estates submitted by Mark 
		and Deanna Hutchins. (REFERRED TO PUBLIC WORKS)
	
14)		Report of UNL Microbiologist for water testing for the 
		month of December, 2003. (PLACED ON FILE)

15)		Setting the hearing date of Monday, February 9, 2004, at 
		1:30 pm for App. of  R Fox, Inc. dba Red Fox Steak House 
		of a request for addition to their establishment at 1339 
		West "O" Street. (ADOPTED, 7-0; A-82555)

16)		Setting the hearing date of Monday, February 9, 2004, at 
		1:30 pm for App. of Ramos Pizza Inc. dba Ramos Pizza Pub 
		Buster's BBQ for a Class I Liquor License at 2435 
		South 48th Street. (ADOPTED, 7-0; A-82556)

17)	MISCELLANEOUS REFERRALS

		Report from city Treasurer Telecommunication occupation 
		Tax for the months of October thru December, 2003: Birch 
		Telecom Inc, Claricom Networks LLC, Matrix Telecom Inc; 
		November, 2003: NE Tech & Telecom Inc, Cincinnati Bell; 
		December, 2003: Aquila, Nextel West Corp, NOS Comm Inc, 
		Cellular One, Lightyear Comm Inc, Touch 1 Comm Inc, 
		D & D Comm Inc, LDMI Telecom Inc, Globalcom Inc, Tri-M 
		Comm Inc, ATS Mobile Telephone Co, Telecorp Comm Inc, 
		ATT Wireless PCS LLC, NOSVA Limited Partnership, GTC 
		Telecom Corp, Excel Telecom Inc, VarTec Telecom Inc, 
		and Business Telecom, Inc. (PLACED ON FILE)

		Report from City Treasurer of Franchise tax for the 
		month of December, 2003 from Aquila. (PLACED ON FILE)

		Informal Petition to create water district for the 
		property at 2400 South Folsom Court that was included 
		in the Yankee Hill Annexation submitted by Michael 
		Jorgensen of Steel Fabricators Inc. 
		(REFERRED TO PUBLIC WORKS)

		Informal Petition to create alley re-paving district 
		between 16th to 17th and from "O" to "P" Street, 
		East/West alley submitted by Monte D. Wilson of 
		Nebraska Mattress Company. (REFERRED TO PUBLIC WORKS)

		Report from City Treasurer of City Cash on hand 
		at the close of business December 31, 2003. 
		(PLACED ON FILE)

		THE FOLLOWING WERE REFERRED TO PLANNING DEPARTMENT:
		Change of Zone HP 79 - App. of Alpha Xi Delta Building 
			Association, from B-4 to B-4 with a landmark 
			designation on property generally located at 
			N. 16th Street and "R" Street. 
		Change of Zone HP 80 - App. of Michael and Carol James, 
			from R-5 to R-5 with a landmark designation on 
			property located at 145 S. 28th Street. 
		Change of Zone 3421 - App. of Chameleon & Co. from 
			H-3 Highway Commercial District to R-3 Residential 
			District, on property generally located at N. 1st 
			Street and W. Charleston Street.
		Change of Zone 04003 - App. of Director of Planning to 
			amend Sections 27.63.680 and 27.63.685 of the LMC 
			relating to the sale of alcoholic beverages for 
			consumption on the and off the premises and to 
			delete provisions prohibiting approval of the 
			special permits by the Planning Commission, and 
			repealing Sections 27.63.680 and 27.63.685 of 
			the LMC as hitherto existing. 
		Special Permit 1928A - App. of Chameleon & Co., 
			Dinerstein Company, and Dr. Robert White, amendment 
			to the Oak Creek Apartments Community Unit Plan 
			to add approximately 172 units, with a request 
			to waive landscape screening, on property 
			generally located at N. 1st Street and W. 
			Charleston Street.
		Special Permit 04001 - App. of U.S. Cellular Wireless 
			Communications for a wireless facility with 
			a request to waive landscape screening on 
			property generally located at N. 70th Street 
			and Fletcher Avenue.
		Special Permit 04002 - App. of Mark Seacrest of Sunrise 
			Coffee Co., for the authority to sell alcoholic 
			beverages for consumption on the premises, on 
			property located at 1265 S. Cotner Boulevard.   

		Investment of funds for January 12 thru	January 23, 2004. 
		(ADOPTED,  7-0; A-82558)

REPORTS OF CITY OFFICERS 

18)		Clerk's letter and Mayor's approval of ordinances and 
		resolutions passed by council on January 12, 2004. 
		(PLACED ON FILE)

19)		Investment of funds for January 5 thru January 9, 2004. 
		(ADOPTED, 7-0; A-82557)  


	- END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 20 THRU 25 HAD 1ST READING)

20)	04-12	Change of Zone 3428 - Amending Title 27 of the Lincoln 
		Municipal Code by adding new Sections 27.11.090, 27.13.090, 
		and 27.15.090 to require applications for building permits 
		for new construction of principal buildings on property 
		located within the R-1, R-2, and R-3 Residential Districts, 
		respectively, and located within the City limits as of 
		December 31, 1949,  to comply with the Neighborhood Design 
		Standards; amending Sections 27.17.090, 27.19.090, 27.21.090, 
		27.23.090, and 27.24.090 to provide that the Neighborhood Design 
		Standards shall apply to applications for building permits 
		for new construction of principal buildings on property located 
		within the R-4, R-5, R-6, R-7, and R-8 Residential Districts, 
		respectively, and located within the City limits as of 
		December 31, 1949. (In connection w/04R-11)
                Fact Sheet (485K)
		
21)	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. (In connection w/04R-12, 04R-13)
                Fact Sheet (826K)
		
22)	04-14	Change of Zone 3431 - Amending Title 27 of the Lincoln 
		Municipal Code by amending Section 27.03.470 to include 
		"medical testing laboratory" in the definition of "office 
		building"; amending Sections 27.27.030, 27.28.040, and 
		27.37.020, to eliminate medical testing laboratories as a 
		permitted use or special permit use in the O-3 Office Park 
		District, R-T Residential Transition District, and B-5 Planned 
		Regional Business District, respectively; and amending Section 
		27.63.390 to eliminate medical testing laboratories as a special 
		permitted use in the O-3 zoning district.
                Fact Sheet (53K)
		
23)	04-15	Change of Zone 3432 - Application of Yasufuku USA, Inc. for 
		a change of zone from H-3 Highway Commercial District to 
		I-2 Industrial Park District on property generally located 
		at N.W. 12th Street and West Bond Circle.
                Fact Sheet (158K)
		
24)	04-16	Change of Zone 3433 - Application of Gallup, Inc. for a 
		change of zone from R-4 Residential District to O-3 
		Office Park District, on property generally located at 
		Haverford Drive and L Street. (In connection w/04R-17)
                Fact Sheet (514K)
		
25)	04-17	Adopted the supplements to the Lincoln Municipal Code dated 
		June, 2003 and December 2003 as part of the official 
		Lincoln Municipal Code.


ORDINANCES - 3RD READING

26)	03-187	Authorizing and providing for the issuance of highway 
		allocation fund pledge bonds of the City of Lincoln, 
		Nebraska in an amount not to exceed $35,000,000. 
		(12/22/03 - Con't. P.H. to 1/5/04) (1/5/04 - P.H. 
		with Action con't. to 1/12/04) Substitute Ordinance 
		(1/12/04 - Delay Action to 1/26/04) (PASSED, 7-0; 18290)
                Substitute Ordinance (94K) 
		
27)	03-130	Amending the Lincoln Corporate Limits Map by annexing 
		approximately 186.7 acres of property generally located 
		east of South 84th Street between Old Cheney Road and 
		Pine Lake Road. (8/25/03 - Public Hearing Con't. 
		To 1/12/04) (PASSED, 7-0; 18291)
                Fact Sheet (974K)
                Attachment (31K)

		
28)	04-2	Approving a transfer of appropriations within the 
		Parks and Recreation Capital Improvement Program Athletic 
		Funds in the amount of $75,000 from Business Unit 409374.6138 
		Uni Ballfield Lighting to Business Unit 409312.6138 Ballfield 
		Renovation to purchase Agra Lime for improved drainage to 
		fields at Elk, Holmes, Densmore and Mahoney Parks. 
		(PASSED, 7-0; 18292)

29)	04-4	Change of Zone 3424 - Application of Everett Neighborhood 
		Association for a change of zone from R-4 Residential, 
		R-5 Residential, R-6 Residential and B-3 Commercial to 
		R-2 Residential, on property generally located between 
		9th and 13th Streets, from Washington to South Streets. 
		(AMENDED, 6-1; CAMP DISSENTING; PASSED AS AMENDED, 
		7-0; 18293)
                Fact Sheet (828K)
		
30)	04-5	Street Name Change 03006 - Naming the stub streets on 
		O Street near 63rd Street as North 63rd Street and 
		South 63rd Street and naming the stub streets on O Street 
		near 68th Street as North 68th Street and South 68th Street. 
		(PASSED, 7-0; 18294)
                Fact Sheet (459K)
		
31)	04-7	Amending Section 14.80.110 of the Lincoln Municipal Code 
		relating to snow and ice removal to provide that the 
		Sidewalk Inspector shall place a written notice on the 
		front door or other conspicuous place on the property 
		ordering the sidewalks along the same or any portion 
		thereof to be cleared immediately and providing a deadline 
		to complete the same of not less than twelve hours 
		after posting the same. (PASSED, 7-0; 18295)

32)	04-8	Approving a five year/5,000 hour lease-purchase agreement 
		between the City and Deere Credit Inc. for a 90 horse power 
		class backhoe loader for use by the Public Works and 
		Utilities Water Division in construction and maintenance 
		projects. (PASSED, 7-0; 18296)
                Fact Sheet (56K)
                Attachment (278K)
		
33)	04-9	Approving a five year/5,000 hour lease-purchase agreement 
		between the City and Deere Credit Inc. for an articulated 
		frame four-wheel drive motor grader for use by the Parks 
		and Recreation Department in construction and 
		maintenance projects. (PASSED, 7-0; 18297)
                Fact Sheet (56K)
                Attachment (251K)

PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED 1 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)  02R-20    Directing submittal to the qualified electors of
               the city a proposed Charter amendment to Article IV, 
               Section 7, to allow the council, by ordinance, to change 
               the compensation of council members and to provide that 
               no increase in compensation shall become effective during 
               the council term in which voted. 
               (2/25/02 - Placed on pending indefinitely)
               Fact Sheet (4K)
							 
39)  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)
							 
40)  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)
							 
41)  02R-259   Comp. Plan Amendment 02001.A - Application of
               Realty Trust Group to amend the 2025 Lincoln-Lancaster 
               County Comprehensive Plan to change the designation from
               Agriculture to Urban Residential and Commercial
               uses, on property generally located at the
               northeast corner of 84th and Van Dorn Streets.
               (11/18/02 - Pending Indefinitely)
               Fact Sheet (241K)
							 
42)  03-65     Amending Chapter 4.62 of the Lincoln Municipal Code to 
               establish a Police and Fire Pension Plan Board of 
               Trustees to provide oversight and direction with regard 
               to the investment of the assets of the Police and Fire
               Pension Plans. (05/05/03 - Placed on Pending)

43)            Appeal Denial of Request for Categorical Exemption
               from Impact Fees Submitted by Peter Katt on Behalf
               of Mary Jo Livingston and Mount Olive Evangelical
               Church.  (9/15/03 - Approved Hearing Date of 10/6/03 
	       at 1:30 P.m , 7-0. 9/22/03 - Re-set hearing date to 
	       10/20/03 (Applicant has requested to place on Pending)


WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
	PUBLIC HEARING ON MONDAY, FEBRUARY 2, 2004 AT 1:30 P.M.:
					         (APPROVED, 7-0)

44)	04R-11	Miscellaneous 03013 - Amending Chapter 3.75 of the 
		Lincoln Design Standards to be consistent with the 
		amendment to Lincoln Municipal Code Title 27 requiring 
		applications for building permits for new construction 
		of principal buildings located on land within the R-1 
		through R-8 Residential Districts to comply with the 
		Neighborhood Design Standards. In connection w/04-12)
                Fact Sheet (459K)

		
45)	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)
                Fact Sheet (784K)
		
46)	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)
                Fact Sheet (762K)
		
47)	04R-14	Waiver 03014 - Approving waivers of the land subdivision 
		requirements associated with Spilkers 4th Addition requiring 
		street improvements on N. 33rd Street to meet urban standards, 
		that each lot have access and frontage to a public or private 
		road, construction of a public water distribution system, and 
		construction of a public sanitary sewer system, on property 
		generally located at N. 33rd Street and Gladstone Street. 
                Fact Sheet (479K)
		
48)	04R-15	Special Permit 1598A - Application of Northern Lights LLC 
		and Clayton Yeutter Trust to amend Northern Lights Community 
		Unit Plan to change the approved multi-family units to 
		townhouse units, to waive the requirement to submit a 
		preliminary plat and to waive land subdivision and zoning 
		ordinance requirements regarding drive platform standards, 
		lot depth to width ratio, front yard setback, block length, 
		turnaround radius, and landscape screen, on property generally 
		located at N. 84th and Holdrege Streets.
                Fact Sheet (373K)
		
49)	04R-16	Authorizing an agreement between the City and Midland Recycling 
		for government building and special event recycling services.
                Fact Sheet (59K)
		
50)	04R-17	Use Permit 33C - Application of Gallup, Inc. to add two lots to 
		boundaries of an existing use permit for construction of an 
		office building on property generally located at Haverford 
		Drive and L Street. (In connection w/04-16)
                Fact Sheet (632K)
		
51)	04R-18	Authorizing the City of Lincoln, County of Lancaster, and 
		the Lincoln-Lancaster County Public Building Commission 
		individually or jointly to begin the process of a Request 
		for Proposals to ascertain the cost of an expansion of the 
		Health Department, at 3240 N Street, including an east 
		parking lot, a full third-floor shell, U-turn capabilities 
		on 33rd and O Street, and restructuring the south parking lots.

52)	04R-19	Accepting the report of new and pending claims against the 
		City and approving disposition of claims set forth therein 
		for the period of January 1 - 15, 2004.
                Fact Sheet (15K)
                Attachment (33K)
		
53)	04R-20	Approving a contract between the City and Alltel for 
		acquisition of Plant Equipment for the 911 Communications Center.
                Fact Sheet (14K)
                Attachment (260K)

		
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 (1/28/04) PRIOR TO THE NEXT FORMAL 
	CITY COUNCIL MEETING (2/2/04).


	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 6:30P.M.




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