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Formal Agenda/Action

 

					
                    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                               MONDAY, MARCH 15, 2004 AT 1:30 P.M.
                              
                              ALL MEMBERS PRESENT
                         
PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Mesal Enterprises dba On the Go
               for a Class B (Beer off-sale) liquor license at 5240
               South 48th Street. (ADOPTED FOR APPROVAL, 7-0; A-82625)

 2)            Manager application of Matthew D. Alesio for 
               Mesal Enterprises dba On the Go at 5240 South 48th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-82626)

 3)            Application of Peking Palace Lincoln, Inc. dba
               Peking Palace for a Class J (Beer, Wine, on-sale)
               liquor license at 8341 O Street.
               (ADOPTED FOR APPROVAL 7-0; A-82627)

 4)            Manager application of Nghi Trieu for Peking
               Palace Lincoln, Inc. dba Peking Palace at 8341 O
               Street. (ADOPTED FOR APPROVAL, 7-0;   A-82628)


PUBLIC HEARING
ORDINANCES - 2ND READING   (ITEMS 5 THRU 7 HAD 2ND READING; SEE ITEM 5)

 5)  04-46     Amending the Lincoln Municipal Code by
               repealing Section 24.50.050, Permits and
               Inspections for private water and sewer
               main installation.
               Fact Sheet (57K)
               (PLACED ON PENDING INDEFINITELY, 7-0)
							 
 6)  04-47     Amending Section 14.40.030 of the Lincoln
               Municipal Code pertaining to block party
               permits to indicate issuance by the
               Department of Public Works and Utilities and
               requiring a damage deposit from the applicant.

 7)  04-48     Authorizing a transfer of unspent and
               unencumbered appropriations and cash between
               certain capital improvement projects within
               the Sanitary Sewer Construction Fund, Water
               Construction Fund and Landfill Revenue Fund.
               Fact Sheet (59K)
							 

PUBLIC HEARING - RESOLUTIONS

 8)  04R-43    Authorizing the calling for redemption of
               outstanding Q, O, P, R/North Haymarket
               Redevelopment Project Tax Allocation and Refunding
               bonds in the amount of $120,000.00.
               (ADOPTED, 7-0; A-82629)

 9)  04R-44    Reappointing Joy E. Patten to the StarTran
               Advisory Board for a three-year term expiring
*                October 20, 2006. ADOPTED, 7-0; A-82630)

10)  04R-45    Appointing Susan Epps to the StarTran 
               Advisory Board to fill an unexpired term expiring October
               20, 2005.  (ADOPTED, 7-0; A-82631)
              Attachment (30K)
							 
11)  04R-46    Approving a Funding Agreement between the                                              
               City and State Department of Roads to obligate
               Federal and State funds for the Regional Intelligent
               Transportation Systems architecture development
               project. (ADOPTED, 7-0; A-82632)
              Fact Sheet (294K)
              Attachment (30K)
							 
12)  04R-47    Accepting the report of new and pending 
               claims against the City and approving disposition of
               claims set forth therein for the period of
               February 16 - 29, 2004. (ADOPTED, 7-0; A-8263)
              Fact Sheet (14K)
              Attachment (35K)
							 

PUBLIC HEARING
ORDINANCES - 3RD READING

13)  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) (3/1/04 - To have Public Hearing &
               Action on 3/15/04)
               (ACCEPTED SUBSTITUTE ORDINANCE, 7-0; AMENDED 
               SUB. ORD., 7-0; PASSED SUB. ORD. AS AMENDED, 7-0;
               #18314)

                       - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS 
                      
14)           Setting the Hearing Date of March 29, 2004 at
              5:30 p.m. for Man. App. of Michael Rice for
              RT Omaha Franchise LLC dba "Ruby Tuesday" at
              2700 North Hill Road. (ADOPTED, 7-0; A-82634)

15)           Setting the Hearing Date of March 29, 2004 at 5:30
              p.m. for App. of DLH, Inc. dba Coaches Sports Bar
              & Grill for a Class I liquor license at 640 W.
              Prospector Court. ADOPTED, 7-0; A-82634)


16)  MISCELLANEOUS REFERRALS

             Clerk's Letter and Mayor's approval of Resolutions 
             and Ordinances passed by Council on March 8, 2004.  
             (PLACED ON FILE)

		 Report of City Treasurer of Cash on Hand at the close 
             of business 2/29/04. (PLACED ON FILE)

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

		 Setting the Hearing date of March 29, 2004 at 5:30 p.m. 
             for the App. of Jason Kuhr dba "Main Street Café" for
             a Catering license at 1325 O Street.
		 (ADOPTED, 7-0; A-82636)

REPORTS OF CITY OFFICERS

17)            Investment of Funds for the week of March 1  thru
               March 5, 2004.  (ADOPTED, 7-0; A-82637)


                          - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 18 & 19 HAD 1ST READING)
  
18)  04-49     Repealing Ordinance No. 18139 which created
               Paving District No. 2625 in North 57th
               Street, Fremont to Hartley, due to the lack
               of majority petition.
               Fact Sheet (59K)
							 
19)  04-50     Change of Zone 04006 - Application of Tom
               Jornat, L.L.C. for a change of zone from H-3
               Highway Commercial District to I-1 Industrial
               District on property generally located at L
               Street and S.W. 25th Street.
               Fact Sheet (137K)
							 

ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

20)  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. (3/01/04 -
               Action delayed one week to 3/8/04)
               (3/8/04 - Delay Action 1 week to 3/15/04)
               (MOTION TO ACCEPT AMENDMENT #2, LSOT, 3-4; CAMP,
               FRIENDT, SVOBODA ASSENTING; PASSED, 7-0; #18316)

21)  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.
               Fact Sheet (48K)
               Attachment (368K)
               (PASSED, 7-0; #18316)		
					 
22)  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.
               Fact Sheet (50K)
               Attachment (194K)
               (PASSED, 7-0; #18317)							 

23)  04-37     Approving two three-year/5,000 hour
               lease agreements with a buyout option
               between the City and Elgin Sweeper
               Company to provide two four-wheeled
               street sweepers for sweeping of
               residential and arterial streets.
               Fact Sheet (57K)
               Attachment (658K)
               (PASSED, 7-0; #18318)							 

24)  04-38     Amending § 2.76.040 Definitions of the
               Lincoln Municipal Code to allow police
               trainees to participate in the City's health
               care plan.
               Fact Sheet (50K)
               PASSED, 7-0; #18319)							 

25)  04-39     Amending the pay schedule for the employee
               group prefixed by the letter A by amending
               the pay schedule for the job classifications
               of Operations Quality Assurance Coordinator,
               Park Planning Assistant, StarTran Handi-Van
               Supervisor, and Food Production Manager; and
               changing the job title of Arborist III to
               Forestry Operations Supervisor and Arborist
               IV to City Forester.
               Fact Sheet (59K)
               Attachment (207K)
               (PASSED, 7-0; #18320)							
 
26)  04-40     Amending the pay schedule for the employee
               group prefixed by the letter N by amending
               the pay range for the job classifications of
               Cook and Food Service Worker.
               Fact Sheet (48K)
               (PASSED, 7-0; #18321)							 

27)  04-41     Annexation No. 03002 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 53.52 acres of property
               generally located east of southeast of the
               intersection of South 84th Street and Highway
               2. (In connection w/04-42, 04R-36, 04R-37,
               04R-38)
               Fact Sheet (420K)
               (PASSED, 7-0; #18322)							 

28)  04-42     Change of Zone 3411 - Application of Eiger
               Corporation for a change of zone from AG
               Agricultural District and AGR Agricultural
               Residential District to H-4 General
               Commercial District and B-5 Planned Regional
               Business District, on property generally
               located southeast of the intersection of
               South 84th Street and Highway 2. (In
               connection w/04-41, 04R-36, 04R-37, 04R-38)
               Fact Sheet (624K)
               (ACCEPT SUB. ORDINANCE, 7-0; PASSED SUB. 
               ORDINANCE, 7-0; #18323) 

29)  04R-36    Approving Appian Way II Conditional  
               Annexation and Zoning Agreement between Andermatt, 
               L.L.C. and the City of Lincoln outlining certain
               conditions and understandings with regards to the
               annexation of approximately 53.52 acres of property 
               generally located at South 91st Street and Highway 2.
               (In connection w/04-41, 04-42, 04R-37, 04R-38) 
               Attachment (78K)
               (ADOPTED, 7-0; A-82638)		
					 
30)  04R-37    Special Permit 2046 - Application of Eiger
               Corporation to develop a Planned Service
               Commercial area in the H-4 General Commercial
               District consisting of 73,200 sq. ft. of
               commercial and retail floor with waivers to the
               required preliminary plat process, to allow a cul-
               de-sac in excess of 1,000 feet; to reduce setbacks
               from 20 feet to zero feet adjacent to outlots, to
               not require a sidewalk along Highway 2 and South
               87th Street, and to allow the transfer of sewage
               from one drainage basin to another, on property
               generally located southeast of the intersection of
               South 84th Street and Highway 2. (In connection
               w/04-41, 04-42, 04R-36, 04R-38)
               Fact Sheet (920K)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;A-82639)

04R-38    Use Permit No. 150 - Application of Eiger
               Corporation to develop 284,300 sq. ft. of
               commercial and retail floor area with waivers to
               the required preliminary plat process, to allow a
               cul-de-sac in excess of 1,000 feet; to reduce
               setbacks from 20 feet to zero feet adjacent to
               outlots, to not require a sidewalk along Highway 2
               and South 87th Street, and to allow the transfer
               of sewage from one drainage basin to another, on
               property generally located southeast of the
               intersection of South 84th Street and Highway 2.
               (In connection w/04-41, 04-42, 04R-36, 04R-
               37)
              Fact Sheet (917K)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82640)		
					 
32)  04-43     Change of Zone 04001 - Amending Chapter  
               27.82 of the Lincoln Municipal Code relating to
               impact fees by revising the definition of
               Low-Income Owner-Occupied Housing; to add
               eligibility criteria for Low-Income Owner-
               Occupied Housing exemptions from Impact Fees
               and modify the provisions regarding when a
               request for exemption must be made; and to
               modify the provisions regarding approval of
               Owner-Occupied Low-Income Housing exemption
               and reimbursement of impact fees paid.
               Fact Sheet (75K)
               PASSED, 7-0; #18324)		
					 
33)  04-44     Change of Zone 04003 - Amending Sections
               27.63.680 and 27.63.685 of the Lincoln
               Municipal Code relating to the sale of
               alcoholic beverages for consumption on the
               premises and off the premises as a permitted
               special use; to delete City Council waivers
               of the special conditions for said uses; to
               delete the provision allowing for mitigation
               of adverse effects approved by the Planning
               Director when a licensed premises is located
               100 feet or closer to certain listed uses; to
               require a licensed premises to be located no
               closer than 100 feet from a park, church, or
               state mental health institution; to delete
               the requirement that a licensed premises be
               located no closer than 100 feet from
               residential uses in nonresidential districts;
               and to delete provisions prohibiting approval
               of the special permits by the Planning Commission.
               Fact Sheet (791K)
               Fact Sheet (845K)
               (PASSED, 5-2; CAMP, SVOBODA DISSENTING; #18325)

34)  04-45     Change of Zone 04004 - Application of Brian
               and Kym Pinkerton for a change of zone from
               R-3 Residential District to O-2 Suburban
               Office District on property generally located
               at the southwest corner of South 84th Street
               and Pioneers Boulevard.
               Fact Sheet (267K)
               (PASSED, 7-0; #18326)
							 

PENDING LIST - DATE CERTAIN

35)  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. (3/8/04 - Delay Action 3
               weeks to 3/29/04)
               Fact Sheet (168K)
							 
36)  04-24     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. (3/1/04 - 3rd
               Reading delayed w/con't Public Hearing &
               Action 4/5/04) 


PENDING LIST (EXTENDED ONE WEEK)    

37)  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)

							 
38)  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)

39)  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)

40)  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)

41)  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)

42)  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)

43)  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)

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)

45)  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)

46)  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)

							 
47)  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, MARCH 22, 2004 AT 1:30 P.M.:
						(APPROVED, 7-0)

48)  04R-48    Authorizing the University of Nebraska Center for
               Great Plains Studies to occupy a portion of the
               public right-of-way along the north side of their
               building at 12th and Q Streets to place a bronze
               sculpture within a planting bed in the public
               right-of-way.
               Attachment (255K)
               Fact Sheet (40K)
							 
49)  04R-49    Approving an Interlocal Agreement between the City
               and the Lincoln/Lancaster County Railroad
               Transportation Safety District for the funding of
               the Antelope Valley Project, Phase 1 "Amended
               Draft Single Package" from its 2003-2004 budget
               year.
               Attachment (82K)
               Fact Sheet (61K)
							 
50)  04R-50    Special Permit 1583A - Application of Raybould
               Partners, Ltd. to amend Special Permit 1583 Russ'
               Market to add parking stalls in a residential
               district to serve the existing grocery store on
               property generally located at South 17th and
               Garfield Streets.
               Fact Sheet (136K)
							 
51)  04R-51    Special Permit 04006 - Application of Overstreet,
               Inc. for authority to sell alcoholic beverages for
               consumption off the premises on property generally
               located at 1301 North 27th Street.
               Fact Sheet (687K)



Cook moved to revert back to the policy of providing parking 
        passes to those who have City Council business from the
        City Council office.
	  Seconded by Werner & carried by the following vote: AYES: Camp,
    Cook, Friendt, McRoy, Newman, Svoboda, Werner; NAYS: None.


							 

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  (3/17/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (3/22/04).


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  4:34 P.M.               

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