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Formal Agenda/Action

 

					
             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, JULY 12, 2004 AT 1:30 P.M.
                                
                             ALL MEMBERS PRESENT
                             
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Updowntowners Inc. for a special
               designated license to cover an area measuring
               approximately 450' by 90' north/south and 450' by
               90' east/west in 12th Street M/N-O Street, and N
               Street 11th/12th-13th Street, on July 23, 2004 and
               July 24, 2004 from 11:00 a.m. to 1:00 a.m. 
               (ADOPTED FOR APPROVAL, 7-0; A-82846)

2)             Application of Eagle Entertainment L.L.C. for a
               special designated license to cover an area
               measuring approximately 30' by 45' in the parking
               lot at 130 N. 66th Street on July 30, 2004 from
               4:00 p.m. to 9:00 p.m. (ADOPTED FOR APPROVAL, 
               7-0; A-82847)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEM 3 HAD 2ND READING)

3)   04-128    Amending Chapter 2.76 of the Lincoln Municipal
               Code to extend family sick leave to include any
               person under legal guardianship of an employee, to
               rearrange the Funeral Leave section for clarity,
               and to allow employees on military leave without
               pay to not first exhaust all applicable leave
               balances. 
               Fact Sheet (201K)
               Attachment (201K)
		
					 
PUBLIC HEARING - RESOLUTIONS

4)  04R-141C   Accepting the report of new and pending claims 
               against the City and approving disposition of claims 
               set forth therein for the period of May 16 - 31, 2004. 
               Claim of Patti Talamante which was voted to have 
               public hearing and action on 7/12/04. (ADOPTED, 6-1, 
               DISSENTING: FRIENDT; A-82848)

5)   04R-158   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding 
               of the Antelope Valley North-South Roadway K to Q
               Project. Project No. CM-55(142) CN 11215a. 
               City No. 780109. (ADOPTED, 7-0; A-82849)
               Fact Sheet (47K)
               Attachment (462K)
							 
6)   04R-159   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley South Street Bridge Project.
               Project No. STPC-5212(5) CN 11215k. 
               City No. 780111. (ADOPTED, 7-0; A-82850)
               Fact Sheet (46K)
               Attachment (504K)
							 
7)   04R-160   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley J Street Bridge Project.
               Project No. STPC-5226(1) CN 11215j. 
               City No. 780110. (ADOPTED, 7-0; A-82851)
               Fact Sheet (46K)
               Attachment (456K)
							 
8)   04R-161   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley Big T Project. Project No. 
               CM-55(144) CN 11215e. City No. 780106. (ADOPTED, 
               7-0; A-82852)
               Fact Sheet (22K)
               Attachment (524K)
							 
9)   04R-162   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley East leg of the Big X Project. 
               Project No. STPC-5257(1) CN 11215g. City No. 780107.
               (ADOPTED, 7-0; A-82853) 
               Fact Sheet (47K)
               Attachment (525K)
							 
10)  04R-163   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley "O" Street Bridge and Road
               from 21st to 23rd Street. Project No. STPC-34-6(135), 
               CN 11215i. City No. 780104. (ADOPTED, 7-0; A-82854)
               Fact Sheet (47K)
               Attachment (499K)
							 
11)  04R-164   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley North-South Roadway Q to Y
               Project. Project No. CM-55(143) CN 11215b. 
               City No.780108. (ADOPTED, 7-0; A-82855)
               Fact Sheet (48K)
               Attachment (434K)
							 
12)  04R-165   Special Permit 1726B - Application of West Park,
               L.L.C. to amend the West Park Community Unit Plan
               to add six dwelling units for a total of 29
               dwelling units, with waivers to the required
               turnaround design standards in West B Court and
               the connection of West B Court to West B Street,
               on property generally located at S.W. 15th Court 
               and West A Street. (ADOPTED, 7-0; A-82856)
               Fact Sheet (343K)
							 
13)  04R-167   Waiving the right of the City of Lincoln to object
               to the validity of the conveyance of that a portion 
               of Lot 98 I.T. in the Northeast Quarter of Section 27, 
               Township 10 North, Range 6 East of the 6th P.M., 
               from Larry Maciejewski and Joann Maciejewski to 
               Jeffrey J. Fredrick and Denise Fredrick on the 
               ground that the conveyance failed to comply with 
               the requirements relating to subdivision approval.
               (ADOPTED, 7-0; A-82857)
               Attachment (570K)
							 
                         - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

14)         THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
                    Use Permit No. 04002 - Application of Cameron
                          Corporation for approximately 112 townhomes, 
                          with requests to waive front yard, rear
                          yard, and side yard setbacks; sanitary sewer;
                          water main; radius turnaround; lot area; and
                          sanitary sewer; on property generally located 
                          at NW 13th Street and West Fletcher Avenue. 
                    Special Permit No. 04035 - Andrea's Court Community 
                          Unit Plan, requested by Ross Engineering Inc, 
                          for 32 townhome units and Believers Fellowship 
                          Church, with requests to waive detention/retention 
                          storage, the Preliminary Plat process, sidewalks, 
                          and minimum square foot townhome lot, on property 
                          generally located at North 40th Street and Superior
                          Street. 

15)            Setting the hearing date of Monday, July 19, 2004 at 1:30 pm 
               for an Application of Ken's Liquor Inc dba MJ Catering for a 
               Class I Liquor License located at 2604 Park Boulevard. 
               (ADOPTED, 7-0; A-82858)


16)  MISCELLANEOUS REFERRALS

              Report from the City Treasurer of Telecommunication 
              Occupation Tax for May, 2004: Liberty Wireless, Virgin 
              Mobile USA, AT&T Comm of Midwest, On Star Corp, Buyers 
              United, Cricket Comm, ACN Comm Services, VoiceCom Telecom, 
              Qwest Comm Corp, Working Assets Funding Service, Verizon 
              Select Services, Intellical Operator Services, Broadwing 
              Comm, Bell Atlantic Comm, Global Crossing Telecom, USCOC 
              of Greater Iowa, One Call Comm, Cincinnati Bell, Network 
              Billing Systems, XO Long Distance Services, TracFone 
              Wireless, IBM Global Services, T-Netix Telecom Services, 
              United Systems Access Telecom, Quantum Shift Comm, McLeodUSA 
              Telecom, Shaffer Comm, Guaranteed Phone Service, Cellular 
              One, Sprint Comm Co Limited Partnership, MCI Telecom, 
              Nextel West Corp, Nextel Partners, Alltel Systems 
              of the Midwest, Alltel Nebraska Inc, Alltel Comm 
              of Nebraska, Trans National Comm International, 
              Primus Telecom. (PLACED ON FILE)

              Report from City Treasurer of Franchise Tax from Aquila 
              for the month of May, 2004. (PLACED ON FILE)

REPORTS OF CITY OFFICERS

17)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on June
               28, 2004. (PLACED ON FILE)

18)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for June, 2004. (PLACED 
               ON FILE)

19)            Investment of Funds for the week of June 21 thru
               July 2, 2004. (ADOPTED, 7-0; A-82859)

20)            Approving the distribution of funds representing
               interest earnings on short-term investments of Idle 
               Funds during the month ended May 31, 2004. 
               (ADOPTED, 7-0; A-82860)

                          - END CONSENT AGENDA -
                                                              
                                                                
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS 
(ITEMS 21 THRU 24 HAD 1ST READING)

21)   04-129   Vacation 03013 - Vacating South 49th Street
               between Prescott and Lowell Avenues and the
               west 50' of the alley east of South 49th
               Street between Prescott and Lowell Avenues.
               Fact Sheet (148K)
							 
22)  04-130    Vacation 04002 - Vacating the remaining portion of
               North 47th Street between the north line of W
               Street and the south line of the vacated Missouri
               Pacific Railroad.
               Fact Sheet (141K)
							  
23)  04-132    Change of Zone 04031 - Application of Rose
               Investments, Inc. for a change of zone from I-1
               Industrial District to P Pubic Use District and R-
               4 Residential District, and from R-4 Residential
               District to P Public Use District on property
               generally located west of North 33rd Street and
               south of Apple Street. (In connection 
               w/04R-173)
               Fact Sheet (241K)
							 
24)  04R-173   Special Permit 04023 - Application of Rose
               Investments, Inc. to develop Flat Iron Crossing
               Community Unit Plan for 34 dwelling units,
               including waivers of the maximum block length,
               pedestrian way easement, lot depth to width ratio,
               recreational facility, and location of sanitary
               sewer main, on property generally located west of
               North 33rd Street and south of Apple Street.
               (In connection w/04-132)
               Fact Sheet (345K) 


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

25)  04-125    Approving (1) Lease Agreement from the City and
               the County of Lancaster to the Lincoln-Lancaster
               County Public Building Commission; (2) Lease
               Agreement from the Commission to the County and
               the City; and (3) the issuance of not to exceed
               $12,000,000 of the Commission's Tax Supported
               Lease Rental Revenue and Refunding Bonds, all with
               respect to additions and improvements at the City-
               County Health Department Building. (PASSED, 5-2; 
               DISSENTING: NEWMAN, WERNER; #18397) 
               Exhibit A (118K)
               Exhibit B (125K)
							
26)  04-117    Creating Sewer District No. 1180 in South Folsom 
               Street from W. South Street south approximately 
               1250 feet. (PASSED, 7-0; #18398)
               Fact Sheet (702K)
							 
27)  04-118    Creating Ornamental Lighting District No. 287 in
               West Charleston Street, 1st Street west
               approximately 1100 feet. (PASSED, 7-0; #18399)
               Fact Sheet (570K)
							   
28)  04-119    Annexation 03008 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 20 acres of
               property generally located at N.W. 56th Street and
               W. Thatcher Lane. (In connection w/04-120, 
               04R-143, 04R-144) (PASSED, 7-0; #18400)
               Fact Sheet (192K)
               Attachment (161K)
							 
29)  04R-143   Approving Cardinal Heights 2nd Addition
               Conditional Annexation and Zoning Agreement
               between Hartland Homes Inc. and the City of
               Lincoln outlining certain conditions and
               understandings with regards to the annexation of
               approximately 20 acres of property generally
               located at N.W. 56th Street and W. Thatcher Lane.
               In connection w/04-119, 04-120, 04R-144) 
               (ADOPTED, 6-1, DISSENTING: FRIENDT; A-82861)
               Attachment (778K)
							 
30)  04-120    Change of Zone 04013 - Application of Hartland
               Homes Inc. for a change of zone from AG
               Agricultural District to R-3 Residential District
               on property generally located at N.W. 56th Street
               and W. Thatcher Lane. (In connection w/04-119, 
               04R-143, 04R-144) (PASSED, 7-0; #18401)
               Fact Sheet (181K)
							 
31)  04R-144   Special Permit 2045 - Application of Hartland
               Homes Inc. to develop Hartland's Cardinal Heights
               2nd Community Unit Plan for 56 dwelling units,
               with waivers to allow sanitary sewer lines to run
               opposite street grades, the transfer of sanitary
               sewer from one basin to another, lots to exceed
               three to one lot depth to width ratio, lots with
               less than the minimum lot width, lots with less
               than the minimum lot area, and to waive the
               preliminary plat process, on property generally
               located at N.W. 56th Street and W. Thatcher Lane.
               In connection w/04-119, 04-120, 04R-143) 
               (ADOPTED, 7-0; A-82862)
               Fact Sheet (390K)
							       
32)  04-126    Change of Zone 04036 - Application of the Planning
               Director for a change of zone from R-4 Residential
               District to R-2 Residential District on property
               generally located at S. 27th Street and Stratford
               Ave. (PASSED, 6-0; COOK ABSTAINED; #18402) 
               Fact Sheet (128K)
							 
33)  04-127    Amending Section 27.52.030 of the Lincoln Municipal 
               Code relating to Standards to be followed in connection 
               with Flood Regulations for Existing Urban Area to make 
               the language consistent with the minimum FEMA standard 
               language for floodways. (PASSED, 7-0; #18403)
               Fact Sheet (24K)
					
		 
PENDING LIST - DATE CERTAIN - NONE


PENDING LIST   (EXTENDED ONE 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)  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 
               ont'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)
							  
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)   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)
							 
41)  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)
							 
42)  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, JULY 19, 2004 AT 1:30 P.M.:        
                                           (APPROVED, 7-0)

43)   04R-169  Approving a resolution directing the submission of a 
               proposed General Obligation Bond Issue not to exceed 
               $75,000,000 for acquisition and construction of 
               improvements to the City's streets and avenues, 
               public ways and trails at a Special election to 
               be held on September 14, 2004.
               Fact Sheet (15K)
							 
44)  04R-166   Waiver 04008 - Application of Union College to
               waive the parking lot surfacing requirements for a
               16,500 sq. ft. area generally located at S. 51st
               Street and Bancroft Ave.
               Fact Sheet (159K)
							 
45)  04R-170   Supporting fairness, justice and equal opportunity
               in the work place and working towards eliminating
               racism and discrimination in the work place.

46)  04R-171   Approving Responsible Beverage Service Programs
               provided by the Responsible Hospitality Council
               for managers or licensees required to obtain
               manager/server training under Section 5.04.035 of
               the Lincoln Municipal Code.
               Fact Sheet (14K)
							 
47)  04R-174   Preliminary Plat 02005 - Accepting and approving
               the preliminary plat of Catherland Subdivision and
               waiving the required sidewalk on Cather Street,
               allowing the sanitary sewer to run opposite street
               grades, and allowing the sanitary sewer to drain
               from one basin to another, on property generally
               located at N. 70th Street and Fletcher Ave.
               Fact Sheet (266K)
							  
48)  04R-175   Amending Resolution No. A-82833 to describe the
               purpose of expanding the boundary of Use Permit
               No. 94B to allow a free standing pharmacy rather
               than a medical office building.

49)  04R-176   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of 
               June 16 - 30, 2004.
               Fact Sheet (13K)
               Attachment (30K)
							 
50)  04R-177   Approving a contract involving the expenditures of
               money from appropriations of more than one year
               for a water project that provides for the
               construction of nitrification and capacity
               improvements at the Theresa Street Wastewater
               Treatment Facility.
               Fact Sheet (57K)


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 (7/14/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (7/19/04).


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 2:43 PM  


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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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                  on 5 City-TV, Cable Channel 5.
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 The City Council Agenda and Action Sheet may be accessed on the
 Internet at:            lincoln.ne.gov 
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City Council