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Formal Agenda/Action

 

				
	   	ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE 
		    HELD MONDAY, FEBRUARY 2, 2004 AT 1:30 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 Carroll R. Burns for Eagles Frat 
		Order 147 at 500 W. Industrial Lake Drive. 
		(ADOPTED FOR APPROVAL, 7-0; A-82559)

2)		Application of Fast Break, Inc. dba Fast Break #1 for a 
		Class B (Beer Off-Sale) liquor license at 4801 Randolph 
		Street. (ADOPTED FOR APPROVAL, 7-0; A-82560)

3)		Manager application of Ronald E. French for Fast Break, 
		Inc. dba Fast Break #1 at 4801 Randolph Street. 
		(ADOPTED FOR APPROVAL, 7-0; A-82561) 

4)		Application of Ernie's FB, LLC dba Ernie's Fast Break 
		for a Class B (Beer Off-Sale) liquor license at 7000 O 
		Street. (ADOPTED FOR APPROVAL, 7-0; A-82562)

5)		Manager application of Earnest E. Shipe for Ernie's FB, 
		LLC dba Ernie's Fast Break at 7000 O Street. 
		(ADOPTED FOR APPROVAL, 7-0; A-82563) 


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 6 THRU 11 HAD 2ND READING; SEE ITEMS 6 & 7)

6)	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) (ACTION DELAYED TO 2/23/04, 7-0)
                Fact Sheet (485K)
		
7)	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)
		(PUBLIC HEARING AND ACTION CONT. TO 3/1/04, 7-0)
                Fact Sheet (826K)
		
8)	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)
		
9)	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)
		
10)	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)
		
11)	04-17	Adopted the supplements to the Lincoln Municipal Code 
		dated June, 2003 and December 2003 as part of the official 
		Lincoln Municipal Code.


PUBLIC HEARING - RESOLUTIONS

12)	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) (ACTION DELAYED TO 2/23/04, 7-0)
                Fact Sheet (459K)
		
13)	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) (PUBLIC HEARING AND ACTION CONT. TO 3/1/04, 7-0)
                Fact Sheet (784K)
		
14)	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) (PUBLIC HEARING AND ACTION CONT. TO 3/1/04, 7-0)
                Fact Sheet (762K)
		
15)	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. 
		(AMENDED, 7-0; ADOPTED AS AMENDED, 5-2; CAMP & SVOBODA 
		DISSENTING; A-82564)
                Fact Sheet (479K)
		
16)	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. (ADOPTED, 7-0; A-82565)
                Fact Sheet (373K)
		
17)	04R-16	Authorizing an agreement between the City and Midland Recycling 
		for government building and special event recycling services.
		(ADOPTED, 7-0; A-82566)
                Fact Sheet (59K)
		
18)	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)
		(ACTION DELAYED TO 2/9/04, 7-0)
                Fact Sheet (632K)
		
19)	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 3140 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. (ADOPTED, 6-1; WERNER DISSENTING; A-82567)

20)	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. (ADOPTED, 7-0; A-82568)
                Fact Sheet (15K)
                Attachment (33K)
		
21)	04R-20	Approving a contract between the City and Alltel for acquisition 
		of Plant Equipment for the 911 Communications Center.
		(ADOPTED, 7-0; A-82569)
                Fact Sheet (14K)
                Attachment (260K)
		

	- END OF PUBLIC HEARING -


CONSENT AGENDA:


PETITIONS & COMMUNICATIONS 

22)		The Lincoln Commission Human Rights 2003 Annual Report. 
		(PLACED ON FILE)


23)	MISCELLANEOUS REFERRALS

		Report from city Treasurer Telecommunication occupation 
		Tax for the months of October thru December, 2003: Voice 
		Stream PSCI LLC, Fast Phones of Nebraska Corp.; December, 
		2003: Sprint Spectrum LP, Affinity Network Inc, Sprint 
		Communication Company, Zone Telecom Inc, WorldXchange Corp., 
		Nextel Partners. (PLACED ON FILE)


REPORTS OF CITY OFFICERS 

24)		Clerk's letter and Mayor's approval of ordinances and 
		resolutions passed by council on January 26, 2004. (PLACED ON FILE) 


			- END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 25 AND 26 HAD 1ST READING)

25)	04-18	Change of Zone 3430 - Application of Ridge Development Co. and 
		Superior Point Partners for a change of zone from R-3 Residential 
		and B-2 Planned Neighborhood Business to B-5 Planned Regional 
		Business on property generally located at N. 27th Street and 
		Folkways Boulevard. (In connection w/04R-23)
                Fact Sheet (213K)

		
26)	04-20	Street and Alley Vacation 03016 - Vacating all of Telluride 
		Circle generally located one block south of Fletcher Avenue and 
		one block west of North 27th Street.
                Fact Sheet (217K)


		
ORDINANCES - 3RD READING

27)	04-1	Approving a four-year Financial Consulting Service Agreement 
		between the City and Ameritas Investment Corp. 
		(PASSED, 7-0; #18298)
                Fact Sheet (57K)
                Attachment (490K)
		
28)	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.
		(PASSED, 7-0; #18299)
                Fact Sheet (547K)
		
29)	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. (PASSED, 7-0; #18300)
                Fact Sheet (608K)
		

PENDING LIST - DATE CERTAIN - NONE


PENDING LIST (EXTENDED 1 WEEK) 

30)	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. (4/17/00 - Placed on 
		Pending)(In connection w/00-67) (3/5/01 - Placed on Pending)
                Fact Sheet (1.4M)

31)	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. (4/17/00 - Placed on Pending)(In connection w/00-65)
		(3/5/01 - Placed on Pending)
                Fact Sheet (949K)

32)	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)

33)	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)

34)	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)

35)	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)

36)	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)

37)    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)

38)	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)

39)		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 9, 2004 AT 1:30 P.M.:
							   (APPROVED, 7-0)

40)	04R-21	Approving a multi-year contract with funding from more than one fiscal 
		CIP budget year for City Project No. 700078, Vine Street, 22nd to 
		27th Streets.
                Fact Sheet (59K)
		
41)	04R-22	Authorizing the use of the public right-of-way for installation of 
		a 3" conduit for fiber optic cable and copper wire for connecting 
		telecommunication and network data between TMI property at 421 S. 
		9th Street and 830 L Street, and rescinding Resolution No. A-82476.
                Fact Sheet (K)
                Attachment (140K)

42)	04R-23	Use Permit 57D - Application of Ridge Development Company and Superior 
		Point Partners to amend Lincoln Crossings use permit to increase the 
		boundary and floor area, and to modify the required front yard setback 
		along Folkways Blvd. and the setback from the residential district, on 
		property generally located at N. 27th Street and Folkways Blvd. 
		(In connection w/04-18)
                Fact Sheet (374K)

43)	04R-24	Reappointing Steve Masters to the District Energy Corporation for a 
		two-year term expiring December 31, 2005.


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 (2/4/04) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING (2/9/04).


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 6:04P.M.




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