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Formal Agenda/Action

 

				
             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                       MONDAY, FEBRUARY 23, 2004 AT 5:30 P.M.


                                 
                         
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE



PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 1 THRU 4 HAD 2ND READING; SEE ITEM #3)

 1)  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.

 2)  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)
							
 3)  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.
              (PUBLIC HEARING CONTINUED W/3RD READING ON 3/1/04,7-0)

 4)  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.


PUBLIC HEARING - RESOLUTIONS

 5)  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)
              (ADOPTED, 7-0; A-82581)
							
 6)  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)
              (ADOPTED, 7-0; A-82582)
							
 7)  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)
              (ADOPTED, 7-0; A-82583)
							
 8)  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)
              (ADOPTED, 6-0; WERNER ABSENT; A-82584)
							
                 - END OF PUBLIC HEARING -

CONSENT AGENDA:


PETITIONS & COMMUNICATIONS 

 9)           Report of UNL Microbiologist for water testing for the
              month of January, 2004.  (PLACED ON FILE)

10)           TO BE REFERRED TO PLANNING DEPT.:
              Change of Zone 04005 - App. of Southeast Fire
                   Dept. for a change from AGR to P - Public Use 
                   at 7700 Pine Lake Road.
              Change of Zone 04006 - App. of Jornat LLC from H-3
                   Highway Commercial Dist. to I-1 Industrial District
                   on property at 301 SW 25TH St.
              Special Permit Amendment No. 04001 - App. of Madonna
                   Rehabilitation Hospital to increase the area of
                   the special permit and allow a lighted ground sign 
                   on property at 5401 South Street.
              Special Permit No. 04006 - App. of Overstreet Inc.
                   to sell alcoholic beverages for consumption off
                   the premises on property at 1301 North 27th Street.

11)           Setting the Hearing Date of Monday, March 8, 2004
              at 1:30 p.m. for the Man. App. of Renae Guthard
              for Lone Star Steak House & Saloon of Nebraska,
              Inc. dba "Lone Star Steakhouse & Saloon at 200 N.
              70th Street.  (ADOPTED, 7-0; A-82585)

12)           Setting the Hearing Date of Monday, March 8, 2004
              at 1:30 p.m. for the App. of ACR Corporation dba
              "Jake's Cigars" for a Class D liquor license at
              114 N. 14th Street. (ADOPTED, 7-0; A-82586)

13)           Setting the Hearing Date of Monday, March 8, 2004
              at 1:30 p.m. for the App. of Fast Break, Inc. dba
              "Fast Break - Old Cheney" for a Class D liquor
              license at 5640 S. 16th Street. (ADOPTED, 7-0; 
              A-82587)


14)  MISCELLANEOUS REFERRALS

              Investment of Funds for the week of February 9 thru 
              February 13, 2004. (ADOPTED, 7-0; A-82589)

              Report from City Treasurer of cash on hand at the close of
              business January 31, 2004. (PLACED ON FILE)

	      Report from City Treasurer of Telecomm. Occ. Tax for the 
              month of January 2004: ATS Mobile, Excel, NOSVA, VarTec.                      
              (PLACED ON FILE)

              Investment of Funds for the week of February 17 thru 20,                             
              2004.  (ADOPTED, 7-0; A-82590)


REPORTS OF CITY OFFICERS

15)          Clerk's Letter and Mayor's Approval of Resolutions
             and Ordinances passed by Council on Feb. 9, 2004. 
             (PLACED ON FILE)

16)          Investment of Funds from January 26 through
             February 6, 2004. (ADOPTED, 7-0; A-82588)

17)          Report of Lincoln Water and Wastewater Systems for
             Fiscal Year 2002-03. (PLACED ON FILE)

18)          Report of City of Lincoln Comprehensive Annual
             Financial Report for the Fiscal Year ending August
             31, 2003.  (PLACED ON FILE)


                      - END CONSENT AGENDA -


ORDINANCES - 1ST READING     (ITEMS 19 THRU 26 HAD 1ST READING)   

19)  04-19   Vacation 03014 - Vacating a portion of the
             east west alley from vacated South 26th
             Street to South 27th Street, between N and O
             Streets.
             Fact Sheet (168K)
						 
20)  04-25   Vacation 03019 - Vacating a portion of
             Whitewater Lane at North 15th Street.
             (Request 2nd & 3rd
             Readings 3/1/04)
             Fact Sheet (148K)
						 
21)  04-28   Vacation 03022 - Vacating a portion of the
             alley adjacent to Rock N Roll Runza generally
             located at 14th and P Streets.
             Fact Sheet (755K)
						 
22)  04-29   Change of Zone 79HP - Application of the
             Alpha Xi Delta Building Association to
             designate the Alpha Xi Delta Sorority House
             at 1619 R Street as a landmark.
             Fact Sheet (429K)
						 
23)  04-30   Change of Zone 80HP - Application of Michael
             and Carol James to designate the R.O. Stake
             House at 145 S. 28th Street as a landmark.
             Fact Sheet (292K)
						 
24)  04-34   Street Name Change 04001 - Renaming South
             23rd Street in Stone Ridge Estates 2nd
             Addition and Tamarin Ridge Addition as Herel
             Street extending to Vavrina Lane.
             Fact Sheet (154K)
						 
25)  04-35   Approving a Lease Agreement between Nebraska
             Golf & Turf, Nebraska National Bank, and the
             City for the lease of 225 golf cars and 14
             utility vehicles for use by the City Parks
             and Recreation Department. (Request
             2nd & 3rd Readings 3/1/04)

26)  04-36   Approving a Lease Agreement between Nebraska
             National Bank, and the City for golf course
             and park maintenance equipment at Holmes and
             Mahoney Golf Courses. (Request 2nd & 3rd
             Readings 3/1/04)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION ONLY

27)  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)
            (AMENDED, 7-0; PASSED AS ADOPTED, 7-0; #18305)
						
28)  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)
            (ADOPTED, 7-0; A-82591)						

29) 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 (232K)
            (PASSED, 7-0; #18306)
	
30) 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) (2/9/04 -
            Action Delayed to 2/23/04)
            Fact Sheet (374K)
             (ADOPTED, 7-0; A-82592)
						
31) 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)
		 (ADOPTED, 7-0; #18307)
				

PENDING LIST - DATE CERTAIN

32)  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)
						
33)  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)
						
34) 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)  

35)  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)
					
36)  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)

37)  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)

38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

44)           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, MARCH 1, 2004 AT 1:30 P.M.:
                                                  (APPROVED, 7-0)

45) 04R-29  Reappointing Rod Armstrong, James Schultz, Jim
            Langtry, and Shannon Ideus to the Government
            Access and Information Committee for terms
            expiring January 1, 2006, January 1, 2006, January
            1, 2005, and January 1, 2005, respectively.

46) 04R-30  Appointing Trish Owen to the Government Access and
            Information Committee for a one-year term expiring
            January 1, 2005.
            Attachment (12K)
						
47) 04R-34  Appointing Jeannine Falter, Bethina Moore, and
            Barbara A. Ramsey to the Lincoln-Lancaster Women's
            Commission for terms expiring January 1, 2006,
            January 1, 2006, and January 1, 2005, respectively.
            Attachment (358K)
						
48) 04R-31  Authorizing the filing of applications with the
            United States Department of Transportation for
            financial assistance during Fiscal Year 2004 - 2005.
            Fact Sheet (58K)
						
49) 04R-32  Use Permit 106A - Application of One Vista LLC to
            amend Use Permit 106 to include additional land,
            relocate access, provide a private roadway, add a
            sign, and decrease the required parking from 148
            to 80 stalls, on property generally located at
            65th Street and Pioneers Blvd.
            Fact Sheet (723K)
						
50) 04R-33  Directing submittal to the qualified electors of
            the City a proposed Charter amendment amending
            Art. IV, Sec. 7 to provide that an independent
            committee composed of citizens with expertise in
            business, legal, governmental, and personnel
            matters, appointed by the mayor, shall make a
            recommendation as to the appropriate salary of the
            city council members, including benefits, and to
            further provide that such recommendation may be
            approved as part of the annual budget resolution,
            provided that no increase in salary shall take
            effect until after the succeeding city general
            election.
            Fact Sheet (17K)
						
51) 04R-35  Accepting the report of new and pending claims
            against the City and approving disposition of
            claims set forth therein for the period of
            February 1 - 15, 2004.
            Fact Sheet (15K)
            Attachment (35K)
						

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 (2/26/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (3/01/04).


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 11:03 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
          will be rebroadcast on Saturdays at 1:00 p.m.,
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                  on 5 City-TV, Cable Channel 5.

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