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Formal Agenda/Action

 

					
                  ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                         MONDAY, FEBRUARY 9, 2004 AT 1:30 P.M.


         NOTE:  THERE WILL BE NO CITY COUNCIL MEETING THE WEEK OF      
                      FEBRUARY 16 2004.          

                            ALL PRESENT EXCEPT FRIENDT & WERNER

MAYOR'S AWARD OF EXCELLENCE - DODI L. WARNE OF THE RECORDS DEPT. AT THE POLICE DEPT. IN THE CATEGORY OF PRODUCTIVITY.

                                 
                         
PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)           Application of Ramos Pizza Inc. dba Ramos Pizza Pub
              Busters BBQ for a Class I (spirits, wine, beer, on-
              sale) liquor license at 2435 S. 48th Street.
              (ADOPTED FOR APPROVAL, 5-0; A-82570)

 2)           Manager application of Lawrence L. Lind for Ramos
              Pizza, Inc. dba Ramos Pizza Pub Busters at 2435 S. 48th
              Street.  (ADOPTED FOR APPROVAL, 5-0; A-82571)

 3)           Application of R Fox, Inc. dba Red Fox Steak House to
              expand their existing Class I (spirits, wine, beer, on-
              sale) liquor license by the addition of an inside area
              measuring 33 feet by 40 feet and an outside area
              measuring 30 feet by 50 feet at 1339 West O Street. 
              (ADOPTED FOR APPROVAL, 5-0; A-82572)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 4 AND 5 HAD 2ND READING)

 4)  04-12    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 (485K)

						
 5)  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)
							

PUBLIC HEARING - RESOLUTIONS

 6)  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)
               (ADOPTED, 5-0; A-82573)
							 
 7)  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.
               Attachment (140K)
               (ADOPTED, 5-0; A-82574)
							 
 8)  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)
               (ACTION DELAYED TO 2/23/04, 5-0)
							 
 9)  04R-24    Reappointing Steve Masters to the District Energy
               Corporation for a two-year term expiring December
               31, 2005. (ADOPTED, 5-0; A-82575)


                         - END OF PUBLIC HEARING -

CONSENT AGENDA:


PETITIONS & COMMUNICATIONS 

10)            Setting a hearing date of Monday, March 1,
               2004, at 1:30 p.m. on the Appeal of Impact
               Fee Determination by Kelvin Korver for
               property located at South 91st Street and
               Highway 2,  Lots 108 and 109, I.T. located
               in Section 23, Township 9 North, Range 7
               East of the 6th P.M., Lancaster County, Nebraska.
               (APPROVED, 5-0)

11)            Setting the hearing date of Monday, March 1, 2004
               at 1:30 p.m. for App. of 1339 "O" Street Inc. dba
               "Brothers Est 1967" for a Class "C" liquor license
               at 1339 O Street. (ADOPTED, 5-0; A-82576)

12)            Setting the hearing date of Monday, March 1, 2004
               at 1:30 p.m. for ZKZ Inc. dba "The Office" for a
               Class "I"liquor license at 640 W Prospector, Suite
               #200.(ADOPTED, 5-0; A-82577)



13)  MISCELLANEOUS REFERRALS


                THE FOLLOWING WERE REFERRED TO PLANNING DEPT:
         	Change of Zone 04001 - App of Director of Planning to
                       amend the Zoning Ordinance relating to impact
                       fee for Low Income Housing.	
		Change of Zone 04004 - App. of Brian C. & Kym N. 
                       Pinkerton from R-3 to O-2 for property at 4301 
                       South 84th Street.
		Special Permit No. 2045 - App. of Hartland Homes, Inc. 
                       to waive the preliminary plat process, to allow
                       for transferring sanitary sewer from one basin to
                       another and to allow running sanitary sewer
                       opposite street grades in the Hartland's Cardinal
                       Heights 2nd Addition C.U.P.
		Special Permit No. 04005 - App. of West Point, LLC for
                       additional parking with a total of 94 stalls at
                       5401 Saylor Street.

		Report from City Treasurer of Telecommunications Occ.
                Tax for Oct and Nov., 2003: Shaffer Comm.; Dec, 2003:
                Bell Atlantic, Shaffer Comm., Alltel Comm. of Nebraska,
                Alltel Nebraska Inc.  (PLACED ON FILE)

		Setting the hearing date of Monday, March 1, 2004 at 
                1:30 p.m. for App. of Alta Vista LLC dba "Dish Bistro &
                Bar" for a Class "C" liquor license at 1100 O Street.
                 (ADOPTED, 5-0; A-82578)


REPORTS OF CITY OFFICERS

14)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by Council on Feb. 2, 2004. 
               (PLACED ON FILE)

15)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended December, 2003. 
               (PLACED ON FILE)

16)            Lincoln Water & WasteWater Recapitulation of Daily
               Cash Receipts for January 2004. (PLACED ON FILE)

17)            Report from City Treasurer of franchise tax for
               the quarter ending December 31, 2003 from Time
               Warner Cable.  (PLACED ON FILE)

18)            Report from City Treasurer of Telecommunication
               Occupation Tax for Jan. to Dec., 2003: Talk
               America; Oct.-Dec., 2003: IDT Corp.,  GE Business
               Prod. Solutions, American Farm Bureau, Winstar,
               Who's Calling, Opex, Comtech 21; Dec., 2003: Alyon
               Techn., Qwest, Netifice, Virgin Mobile USA,
               Verizon Select, Trans Nat'l., Voicecom, OnStar
               Corp., Telenational, Global Crossing, Primus,
               Tracfone, McLeodUSA, Cincinnati Bell Any Distance,
               PMG, ACN, Network Billing Systems, OCMC, IBM
               Global, T-Netix, United Systems Access, Quantum
               Shift, Star Number, Intellicall Operator, XO Long
               Distance, Enhanced, AT&T of Midwest, Nebraska
               Tech. & Telecomm., Touch America, Cricket,
               Guaranteed Phone Service, Telco Dev., AmeriVision,
               Norstan Network, MCI WorldCom Network, Buyers
               United, Working Assets, C III Comm.  (PLACED ON FILE)

 
                             - END CONSENT AGENDA -


ORDINANCES - 1ST READING  (ITEMS 19 THRU 22 HAD 1ST READING)      

19)  04-21    Amending Title 12 of the Lincoln Municipal
              Code relating to Parks by adding a new
              Chapter 12.22, Enhanced Median Roundabout and
              Cul-de-sac Center Island Landscaping, to
              provide conditions for the placement of
              enhanced landscaping in median roundabout and
              cul-de-sac center island area by an abutting
              property owner.

20)  04-22    Approving the Agreement for Attaching
              Antennas to City Tower and other
              Appurtenances between the City and U.S.
              Cellular for the placement of antennas for
              telecommunication uses on the tower generally
              located at South 84th and South Street.
              Fact Sheet (45K)
              Attachment (587K)
							
21)  04-23    Amending Title 2 of the Lincoln Municipal
              Code by creating a new Chapter 2.81 to
              provide for Living Wage of at least 110% of
              the federal poverty guideline for a family of
              four, or 100% of the federal poverty
              guideline if described health insurance
              benefits are paid by the employer, to be
              adjusted July 1 of each year hereafter.

22)  04-24    Amending Chapter 3.20 of the Lincoln
              Municipal Code relating to Street Improvement
              Vehicle Tax to create the Residential
              Rehabilitation Fund to be used only for the
              purpose of rehabilitating existing
              residential streets.


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY

23)  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)
              (PASSED, 5-0; #18301)
							
24)  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)
              (PASSED, 5-0; #18302)	      
						
25)  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)
	      (PASSED, 5-0; #18303)
						
26)  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)
              (2/2/04 - Action Delayed to 2/9/04)
              Fact Sheet (632K)
              (ADOPTED, 5-0; A-82580)
							
27)  04-17    Adopted the supplements to the Lincoln
              Municipal Code dated June, 2003 and December
              2003 as part of the official Lincoln Municipal Code.
              (PASSED, 5-0; #18304)


PENDING LIST - DATE CERTAIN

28)  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)
              (2/2/04 - Action Delayed to 2/23/04)
              Fact Sheet (485K)
							
29)  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)
              (2/2/04 - Action Delayed to 2/23/04)
              Fact Sheet (459K)
							
30)  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)
              Fact Sheet (826K)
							
31)  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)
              Fact Sheet (784K)
							
32)  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)
              Fact Sheet (762K)
							

PENDING LIST  (EXTENDED ONE WEEK) 

33)  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)
					
34)  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)

35)  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)

36)  01-1822   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)

37)  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)

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 connetcion
              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)  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)

41)  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)

42)           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 23, 2004 AT 5:30 P.M.:
                                                   (APPROVED, 5-0)

43)  04R-25   Approving appropriations in the amount of $50,000
              from the operation of Keno lottery funds for
              various human services.
              Fact Sheet (59K)
              Attachment (48K)
							
44)  04R-26   Approving an agreement with the Nebraska
              Department of Roads that will provide additional
              funding for engineering, right-of-way, and
              construction for the East O Street widening
              project, 52nd Street to Wedgewood Drive.
              Fact Sheet (25K)
              Attachment (45K)
							
45)  04R-27   Authorizing William Livengood for The Green Gateau
              to occupy a portion of the public right-of-way at
              330 S.10th Street for use as a sidewalk caf‚.
              Fact Sheet (61K)
              Attachment (347K)
							
46)  04R-28   Accepting the report of new and pending claims
              against the City and approving disposition of
              claims set forth therein for the period of January
              16 - 31, 2004.
              Fact Sheet (14K)
              Attachment (31K)

							
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 (2/18/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (2/23/04).


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  2:09 P.M.  




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      which is broadcast live at 1:30 p.m. every Monday and
          at 5:30 p.m. on the last Monday of each month
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