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Formal Agenda/Action

 


                    ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                               MONDAY, DECEMBER 6, 2004 AT 1:30 P.M.
             
                    THERE WILL BE  NO  COUNCIL MEETINGS THE WEEKS
                      OF DECEMBER 27, 2004  AND  JANUARY 3, 2005
                                
                              ALL MEMBERS PRESENT
                                
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of JJ Kat Inc. dba Brewsky's Food &
               Spirits, to expand their presently licensed
               premises by the addition of an outdoor area
               measuring approximately 36 feet by 15 feet to the
               south of the property located at 2840 South 70th
               Street.  (ADOPTED FOR APPROVAL, 7-0; A-83100)

2)             Application of Alfredo Barrera dba Ay Chihuahua
               for a liquor catering license at 2050 Cornhusker
               Highway.  (ADOPTED FOR APPROVAL, 7-0; A-83101)

3)             Manager application of Jeffre J. Mann for Pinelake
               II LLC dba The C-Station at 1401 Pine Lake Road.
               (ADOPTED FOR APPROVAL, 7-0; A-83102)
     
     
PUBLIC HEARING
ORDINANCES - 2ND READING   (ITEMS 4 THRU 10 HAD 2ND READING)

4)   04-209    Approving three five-year/5,000 hour lease
               agreements between the City and Washington County
               Bank for three articulated four-wheel drive wheel
               loaders for use by the Public Works & Utilities
               Street Maintenance Operations in construction,
               maintenance, and snow removal projects.
               Attachment (272K)							 
               Fact Sheet (57K)
							 
5)   04-210    Approving a Sublease Agreement between the City of
               Lincoln and Dynamic Educational Systems, Inc. for
               providing job training and employment services
               under the Workforce Investment Act.
               Attachment (185K)
               Fact Sheet (39K)
							 
6)   04-212    COZ 04071 - Amending Title 27 of the Lincoln
               Municipal Code to remove the condition that the
               maximum lot coverage for churches shall not exceed
               15% of the lot area in the R-1 through R-7
               Residential Districts except by special permit.
               Fact Sheet (16K)
							  
7)   04-213    Change of Zone 04073 - Application of Whitehead
               Oil Company for a change of zone from P Public Use
               to I-1 Industrial on property generally located
               northwest of the intersection of North 33rd Street
               and Superior Street.
               Fact Sheet (230K)
							 
8)   04-214    Amending Chapter 2.78 of the Lincoln Municipal
               Code to amend Management Compensation Plan
               Established, Management Compensation Plan Annual
               Leave, Compensation Plan Variable Merit Pay Plan
               DSS & "M" Pay Ranges, and Management Compensation
               Plan Sick Leave in conjunction with the pay plan
               for employees whose classifications are assigned
               to pay ranges prefixed by the letter "M".

9)   04-215    Amending Chapter 2.76 of the Lincoln Municipal
               Code to delete references and provisions relating
               to pay ranges prefixed by the letter "M" and to
               add leave of absence without pay provisions
               relating to a regular, classified employee who
               leaves his or her position to accept appointment
               to a position with a pay range prefixed by "DSS"
               and the status of that employee should he or she
               return to the classified service.

10)  04-216    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter "M" to adjust the
               schedules of annual, monthly, biweekly and hourly
               pay range equivalents.


PUBLIC HEARING - RESOLUTIONS

11)  04R-304   Reappointing Maisun K. Allahiq, Meredith Decory,
               and Linda Willard to the Lincoln Commission on
               Human Rights for a three-year term expiring
               December 31, 2007.  (ADOPTED, 7-0; A-83103)

12)  04R-305   Approving the Joint Budget Committee's 
               recommendation for the expenditure of the budgeted
               $20,000.00 to allocate $10,000.00 to Lincoln
               Action Program for job training, placement, and
               retention services, and $10,000.00 to Lincoln
               Literacy Council to provide ESL training.
               (ADOPTED, 7-0; A-83104)

13)  04R-306   Approving Supplemental Agreement No. 1 between the
               City and the Nebraska Dept. of Roads for funding
               of the building of an interchange at the
               intersection of Highway 77 and Capital Parkway
               East (Project No. S-77-2(1021), City No. 701902.
               Attachment (36K)							 
               Fact Sheet (58K)
               (ADOPTED, 7-0; A-83105)							 

14)  04R-307   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the federal funding,
               through the Bridge Replacement Funds, for bridge
               rehabilitation of West Adams Street Viaduct at
               Aviation Road (Project No. BR-5248(4), City No.
               701375.
               Attachment (459K)				
         
               Fact Sheet (59K)
               (ADOPTED, 7-0; A-83106)
							 
15)  04R-308   Appointing Ken Svoboda to the District Energy
               Corporation for a two-year term expiring December
               31, 2006. (ADOPTED, 7-0; A-83107)

16)  04R-309   Appointing Terry Werner to the Community
               Development Task Force to fill an unexpired term
               expiring August 31, 2005.(ADOPTED, 7-0;A-83108)

17)  04R-310   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of
               November 1 - 15, 2004.
               Attachment (30K)
               Fact Sheet (30K)
               (DELAYED CLAIM OF CHARLES TURNER FOR ONE WEEK W/PUBLIC
               HEARING & ACTION ON 12/13/04, 7-0; ADOPTED, 7-0; A-83109)
							 
18)  04R-311   Releasing a conservation easement granted to the
               City by TMCO Investments over the west 32 feet of
               Lot 3, Block 142, Original Plat, Lincoln.
               (DELAYED ONE WEEK W/0 PUBLIC HEARING TO 12/13/04, 7-0)

19)  04R-312   Approving the use of public right-of-way for
               installation of eight pole-mounted security
               cameras around the four square block of the
               Nebraska State Capital Building.
               Fact Sheet  (56K)
               (ADOPTED, 7-0; A-83110)
							 
20)  04R-313   Assessing the costs incurred by the City for the
               boarding up of the dangerous building at 2227
               Dudley Street against the benefitted property.
               Attachment (72K)
               Fact Sheet (35K)
               (WITHDRAWN, 7-0; #38-4493)
							 
21)  04R-314   Use Permit No. 150B - Application of Eiger Corp.
               to waive the maximum allowed building height in
               the B-5 Planned Regional Business District from 40
               feet to 60 feet in the Appian Way Phase II
               commercial and retail development generally
               located at S. 87th Street and Highway 2.
               Fact Sheet (1459K)
               (AMENDED, 6-1; FRIENDT DISSENTING; ADOPTED AS
               AMENDED, 6-1; FRIENDT DISSENTING; A-83111)
							  
22)  04R-315   Misc. No. 04016 - Adopting a Policy on Temporary
               Pump Stations & Force Mains to address
               circumstances in which the City may allow sanitary
               sewage to be handled on a temporary basis using
               private pump stations and force mains.
               Fact Sheet (118K)
               (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-83112)
							 
23)  04R-316   Declaring the official intent of the City to
               reimburse certain expenses in connection with the
               acquisition, purchase and installation of light
               poles from the proceeds of the City of Lincoln,
               Nebraska Certificates of Participation.
               (ADOPTED, 7-0; A-83113)

                    - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

24)            Setting the hearing date of Monday, December 20,  
               2004 at 1:30 p.m. for a Manager Application of Kelly
               S. Green for Columbus Lincoln Hotel Prop LLC dba Holiday
               Inn/Conf Center/Green Mill/Bar-Cabo Beach Club
               located at 141 N. 9th Street. (ADOPTED, 7-0; A-83114)

25)            Assessment Resolutions for Board of Equalization
               meeting, December 13,2004, at 10:00 a.m.
               (APPROVED, 7-0)


26)    MISCELLANEOUS REFERRALS
     
               Clerk's Letter and Mayor's Approval of ordinances and
               resolutions passed by Council on November 29, 2004. 
               (PLACED ON FILE)

               Approving the distribution of funds representing 
               interest earnings on short-term investments of Idle 
               Funds during the month ended October 31, 2004.
               (ADOPTED, 7-0; A-83115)

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


REPORTS OF CITY OFFICERS

27)            Affidavit of Mailing for Board of Equalization to
               be held on Monday, December 13, 2004, at 10:00
               a.m. (PLACED ON FILE)    

28)            Report from City Treasurer Telecommunications
               Occupation Tax for the month of July through
               September, 2004: Accessline Comm, American Farm
               Bureau, GE Business Prod Solutions; September, 2004:
               Nextel Partners,United Systems Access Telecom, 
               T-Netix Telecom Services, Quantum Shift Comm,
               IBM Global Services,OCMC Inc, Shaffer Communications, 
               Star Number Inc, Nextel West Corp; October, 2004:
               Network Billing Systems, Matrix Telecom Inc,
               Southwestern Bell Comm Services, LDMI Telecomm,
               Association Administrators Inc, Lightyear Network
               Solutions,Acceris Comm Corp, Tri-M Comm Inc, Zone
               Telecom Inc, NOS Comm Inc, GTC Telecom Corp, Globalcom
               Inc, Telecorp Comm Inc, Affinity Network Inc, USA
               Inc, Vartec Telecom Inc, Excel Telecomm, Nosva
               Limited Partnership, ATS Mobile Telephone, Sprint
               Spectrum, ATT Wireless PCS, D & D Comm, MCI
               WorldCom, and Sprint Comm.  (PLACED ON FILE)

                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING  (ITEMS 29 THRU 32 HAD 1ST READING) 

29)  04-217    Street Name Change 04009 - Renaming the old South
               84th Street pavement as Water Tower Court,
               generally located at South 84th and Pine Lake
               Road.
               Fact Sheet (137K)
							  
30)  04-218    Change of Zone 04072B - Amending Section 27.80.025
               of the Lincoln Municipal Code to change the fee
               structure for an application for a Planned Unit
               Development.
               Fact Sheet (21K)
							 
31)  04-219    Change of Zone 04072A - Amending Section 27.63.025
               of the Lincoln Municipal Code to allow City
               Council members to appeal the decision of the
               Planning Commission on special permits.
               Fact Sheet (21K)
							 
32)  04-220    Change of Zone 04069 - Amending Section
               27.69.035(b)(8) to require that no off-premises
               signs shall be located within 660 feet of
               Interstate 80 and Interstate 180.
               Fact Sheet (667K) 


ORDINANCES - 3RD READING

33)  04-166    Vacation No. 03023 - Vacating the north 10 feet of
               Q Street right-of-way adjacent to Lots 7, 8, and
               9, Block 30, Original Plat of Lincoln, generally
               located at 8th and Q Streets.(Action Delayed to
               11/29/04) (11/29/04 - Action Delayed 1 wk
               to 12/6/04)
               Fact Sheet (1526K)
               (ACTION DELAYED FOR ONE WEEK TO 12/13/04, 7-0)
							 
34)  04-207    Approving a transfer of appropriations
               and cash between certain capital improvement projects
               within the Sanitary Sewer Construction Fund, Water
               Construction Fund, Landfill Revenue Fund, and Street
               Construction/ Vehicle Tax Funds, within the Public
               Works & Utilities Department.
               Fact Sheet (52K)
               (PASSED, 7-0; #18473)
							 
35)  04-208    Vacation 04011 - Vacating the south 6.5 feet of
               the P Street right-of-way adjacent to the former
               Salvation Army building at 8th and P Street and
               the west 15.5 feet of N. 8th Street adjacent to
               the same building complex. 
               Fact Sheet (386K) 
               (AMENDED, 7-0; LOST AS AMENDED, 3-4; MCROY, SVOBODA,
               WERNER ASSENTING; #38-4494)


PENDING LIST - DATE CERTAIN 

36)  04R-301   Adoption of  the Lincoln Electric System
               Annual Budget for 2005. (Action Date:
               12/13/04)
               Fact Sheet (47K)
							 
37)  04-186    Change of Zone 04045B - Amending Chapter
               27.63 of the Lincoln Municipal Code relating
               to special permits by amending Sections
               27.63.010, 27.63.070, 27.63.120, 27.63.130,
               27.63.170, 27.63.210, 27.63.280, 27.63.400,
               27.63.420, 27.63.430, 27.63.470, 27.63.530,
               27.63.570, 27.63.580, and 27.63.590 to modify
               provisions within said sections to allow
               special permits to be approved by the
               Planning Commission rather than the City
               Council. (In connection w/04-185, 
               04-187, 04R-269)(10/11/04 - Placed on Pending
               Indefinitely) (Request to remove from Pending
               to have Public Hearing 12/13/04)
               Fact Sheet (19K)
							 
38)  04-187    Change of Zone 04045C - Amending Chapter 27.65 of
               the Lincoln Municipal Code relating to community
               unit plans by amending Section 27.65.020 to amend
               the general requirements to grant  the Planning
               Commission authority to approve the special permit
               and to allow the plan to propose modifications to
               the height and area regulations of the district in
               which the community unit plan is located; by
               amending Section 27.65.030 to eliminate references
               to City Council approval of community unit plans,
               establishing standards for the Planning Commission
               to follow in approving or denying an application
               for a community unit plan, and providing for an
               appeal from the Planning Commission's decision to
               the City Council by an aggrieved party; by
               repealing Section 27.65.040 to eliminate City
               Council final action on the application; by
               amending Section 27.65.050 to revise provisions
               regarding development of the community unit plan
               after its approval; by amending Section 27.65.060
               to grant the Planning Director limited authority
               to approve minor increases in the number of
               dwelling units and to approve minor internal
               changes to the applicable setback, yard or height
               requirements within a community unit
               plan; by amending Section 27.65.070 to delete the
               need for the City Clerk to sign a certificate
               showing approval or disapproval by the City
               Council; by amending Section 27.65.090 to allow
               the Planning Commission to modify parking
               requirements under specified conditions. (In
               connection w/04-185, 04-186, 04R-269)
               (10/11/04 - Placed on Pending Indefinitely)
               (Request to remove from Pending to have Public
               Hearing 12/13/04)
               Fact Sheet (19K)
							 
39)  04R-269   Misc. No. 04009 - Amending Chapter 3.35 of the
               City of Lincoln Design Standards for Community
               Unit Plans to simplify the density calculation and
               amend the cluster density. (In connection w/04-
               185, 04-186, 04-187) (10/4/04 - Action Delayed
               1 wk to 10/11/04)  (10/11/04 - Placed on Pending
               Indefinitely) (Request to remove from Pending
               to have Public Hearing 12/13/04)
               Fact Sheet (16K)
               Attachement (355K)


PENDING LIST (EXTENDED ONE WEEK)    

40)  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)
							 
41)  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)
							 
42)  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)
							 
43)  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)
							   
44)  04-188    Annexation 03001 - Amending the Lincoln Corporate
               Limits Map by annexing approximately 214 acres of
               property generally located at North 56th Street
               and Arbor Road. (In connection 04R-273, 04-189,
               04R-272) (10/11/04 - Placed on Pending
               Indefinitely)
               Fact Sheet (237K)
							 
45)  04R-273   Approving the NorBank Junction Annexation and
               Zoning Agreement between the City and Roger &
               Eldonna Schwisow and Hartland Homes, Inc. relating
               to the annexation of approximately 214 acres or
               property generally located at North 56th Street
               and Arbor Road. (In connection w/04-188, 04-
               189, 04R-272) (10/11/04 - Placed on Pending
               Indefinitely)
               Attachment (527K)
							 							  
46)  04-189    Change of Zone 3398 -  Application of Hartland
               Homes, Inc., Rodger & Eldonna Schwisow for a
               change of zone from AG Agricultural to R-3
               Residential for approximately 123 acres and H-4
               General Commercial for approximately 21 acres on
               property generally located at North 56th Street
               and Arbor Road. (In connection w/04-188, 04R-
               273, 04R-272) (10/11/04 - Placed on Pending
               Indefinitely)
               Fact Sheet (216K)
							 
47)  04R-272   Special Permit 2004 - Application of Hartland
               Homes, Inc., Rodger & Eldonna Schwisow to develop
               125,000 sq. ft. of planned service commercial
               floor area, with variances to the rear and side
               yard setback requirements on property generally
               located at North 56th Street and Arbor Road.
               (In connection w/04-188, 04R-273, 04R-189, 04R-
               272) (10/11/04 - Placed on Pending
               Indefinitely)
               Fact Sheet (535K)
							  

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, DECEMBER 13, 2004 AT 1:30 P.M.:
                                                 (APPROVED, 7-0)
		                                     
48)  04R-317   Waiver 04016 - Waiving the requirement for the
               construction of a sidewalk in the pedestrian
               easement associated with the Corrected Final Plat
               of Edenton South 10th Addition, generally located
               at South 70th Street and Old Cheney Road.
               Fact Sheet (277K)
							 
49)  04R-318   Reappointing R.J. Lipert, Michael Coon, and Martin
               Kasl to the Fire Sprinkler and Chemical Examining
               Board for three-year terms expiring November 24,
               2007.

50)  04R-319   Reappointing Tom Morrissey, Larry M. Brown, and
               Keith E. Fickenscher to the Veterans Memorial
               Garden Advisory Council for three-year terms
               expiring November 1, 2007.

51)  04R-320   Reappointing Joseph Skopp and Rick Albro to the
               Air Pollution Control Advisory Board for three-
               year terms expiring November 1, 2007.

52)  04R-322   Accepting the Stevens Creek Floodprone areas as
               the best available information for local flood
               regulation purposes.
               Attachment (63K)							 
               Fact Sheet (37K)

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 (12/8/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (12/13/04).


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   4:51 P.M.   

                                 

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Internet at:
                          lincoln.ne.gov
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City Council