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Formal Agenda/Action

 


         ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
               MONDAY, MARCH 29, 2004 AT 5:30 P.M.

                        ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Four Suns Restaurant, Inc. dba Four
               Suns Restaurant for a Class I (spirits, wine,
               beer, on sale) liquor license at 3239 S. 13th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-82657)

2)             Manager application of Pimpa Mills for Four Suns
               Restaurant, Inc. dba Four Suns Restaurant at 3239
               S. 13th Street. (ADOPTED FOR APPROVAL, 7-0; A-82658)

3)             Application of DLH, Inc. dba Coaches Sports Bar &
               Grill for a Class I (spirits, wine, beer, on sale)
               liquor license at 640 W. Prospector Court. (ADOPTED FOR 
               DENIAL, 6-1; DISSENTING: SVOBODA; A-82659)

4)             Manager application of Duane L. Hartman for DLH,
               Inc. dba Coaches Sports Bar & Grill at 640 W.
               Prospector Court. (ADOPTED FOR DENIAL, 6-1; 
               DISSENTING: SVOBODA; A-82660)

5)             Manager application of Michael K. Rice for RT
               Omaha Franchise, LLC dba Ruby Tuesday at 2700
               North Hill Road. (ADOPTED FOR APPROVAL, 7-0; A-82661)

6)             Application of Jason T. Kuhr dba Main St. Cafe‚ for
               a liquor catering license at 1325 O Street. 
               (ADOPTED FOR APPROVAL, 7-0; A-82662)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 THRU 13 HAD 2ND READING; SEE ITEMS 7, 8 & 9)

7)    04-31     Creating Sewer District No. 1179 in Lazy Acres
                Subdivision, Mockingbird Lane North, South, East, 
                and West, and assessing the cost thereof against 
                the benefitted property. (WITHDRAWN, 7-0; #38-4464)
                Fact Sheet (59K)
								
8)   04-32      Creating Water District No. 1191 in Lazy
                Acres Subdivision, Mockingbird Lane South,
                East, and West, and assessing the cost
                thereof against the benefitted property. 
                (WITHDRAWN, 7-0; #38-4465)
                Fact Sheet (57K)
								
9)   04-33      Creating Paving District No. 2627  in Lazy
                Acres Subdivision, Mockingbird Lane North,
                South, East, and West, and assessing the cost
                thereof against the benefitted property. 
                (WITHDRAWN, 7-0; #38-4466)
                Fact Sheet (59K)
								
10)  04-51      Change of Zone 3421 - Application of The
                Dinerstein Companies for a change of zone
                from H-3 Highway Commercial to R-3
                Residential on property generally located
                west of North 1st Street and south of
                Charleston Street. (In connection w/04R-
                59, 04R-60) (Request 2nd & 3rd Readings 
                3/29/04)
                Fact Sheet (2MB)

11)  04-52      Annexation No. 03004 - Amending the Lincoln
                Corporate Limits Map by annexing
                approximately 13.3 acres of property
                generally located northeast of the
                intersection of Ashbrook Drive and Highway 2.
                (In connection w/04-53, 04R-56, 04R-57,
                04R-58)
                Fact Sheet (386K)

12)  04-53      Change of Zone No. 3387 - Application of
                Caseyco for a change of zone from AGR
                Agricultural to R-3 Residential on property
                generally located northeast of the
                intersection of Ashbrook Drive and Highway 2.
                (In connection w/04-52, 04R-56,
                04R-57, 04R-58)
                Fact Sheet (385K)

13)  04-54      Amending Title 10 of the Lincoln Municipal
                Code relating to Vehicles and Traffic to
                define a mobile  infrared transmitter and
                making  it illegal to possess, use, sell, or
                purchase mobile infrared transmitters.
                Fact Sheet (14K)


PUBLIC HEARING - RESOLUTIONS

14)  04R-52    Reappointing Russ Bayer and Gary "Randy" Boldt to
               the Emergency Medical Services Board for a three-
               year term expiring March 28, 2007. 
               (ADOPTED, 7-0; A-82663)

15)  04R-53    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of 
               March 1 - 15, 2004. (ADOPTED, 7-0; A-82664)
               Attachment (35K)
               Fact Sheet (14K)
							 
16)  04R-54    Authorizing Starbucks Coffee Company to occupy a
               portion of the public right-of-way at 1225 P
               Street for use as a sidewalk cafe. 
               (ADOPTED, 7-0; A-82665)
               Attachment (476K)
               Fact Sheet (66K)
							 
17)  04R-55    Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the funding for
               resurfacing work completed on Cornhusker Highway
               between 31st and 35th Streets (Project No. RD-6-
               6(1038)). (ADOPTED, 7-0; A-82666)
               Attachment (61K)
               Fact Sheet (29K)
							 
18)  04R-56    Approving the Edenton Woods Annexation and Zoning
               Agreement between the City of Lincoln and Caseyco,
               Inc. outlining certain conditions and
               understandings with regards to the annexation of
               13.3 acres of property generally located northeast
               of the intersection of Ashbrook Drive and Highway
               2. (In connection w/04-52, 04-53, 04R-57, 04R-
               58) (ACTION DELAYED FOR 1 WEEK TO 4/5/04, 7-0)

19)  04R-57    Special Permit No. 1992 - Application of Caseyco
               to develop Edenton Woods Community Unit Plan
               consisting of 46 single-family and attached
               single-family units, with a waiver of the lot
               area, on property generally located northeast of
               the intersection of Ashbrook Drive and Highway 2. 
               (In connection w/04-52, 04-53, 04R-56, 04R-
               58) (ACTION DELAYED FOR 1 WEEK TO 4/5/04, 7-0)
               Fact Sheet (3.4MB)

20)  04R-58    Preliminary Plat No. 02023 - Accepting and
               approving the preliminary plat of Edenton Woods,
               creating 46 lots for residential development and
               five outlots, with waivers for modification of
               turn-arounds for private roadways, to allow lot
               lines not radial to roadways, double-frontage
               lots, intersection approach grades, sidewalks, and 
               block length, on property generally located northeast 
               of the intersection of Ashbrook Drive and Highway 2.
               (In connection w/04-52, 04-53, 04R-56, 04R-
               57) (ACTION DELAYED FOR 1 WEEK TO 4/5/04, 7-0)
               Fact Sheet (3.4MB)
							 
21)  04R-59    Special Permit No. 1928A - Application of The
               Dinerstein Companies to develop Sterling
               University Phase 2 Community Unit Plan to add 171
               dwelling units for 561 occupants and additional
               amenities to the existing student housing project,
               with a waiver of the landscape screen, on property
               generally located west of North1st Street and
               south of Charleston Street. (In connection
               w/04-51, 04R-60) (ACTION DELAYED FOR 1 WEEK 
               TO 4/5/04, 7-0)
               Fact Sheet (4.3MB)
							 
22)  04R-60    Preliminary Plat No. 03011 - Accepting and
               approving the preliminary plat of Outfield Park,
               creating five lots and six outlots with waivers to
               allow sidewalks on only one side of private
               street, public water main adjacent to driveway,
               and block length in excess of 1,000 feet, on
               property generally located west of North1st Street
               and south of Charleston Street. (In connection
               w/04-51, 04R-59) (ACTION DELAYED FOR 1 WEEK 
               TO 4/5/04, 7-0)
               Fact Sheet (6.7MB)
							 
23)  04R-61    Affirming City Council holidays. 
               (ADOPTED, 6-1; DISSENTING: WERNER; A-82667)


PUBLIC HEARING
ORDINANCES - 3RD READING

24)   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. (3/22/04 - Action Delayed w/ con't 
                Public Hearing on 3/29/04) (AMENDED, 7-0; 
                PASSED AS AMENDED, 7-0; #18328)

                 - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE
          
25)  MISCELLANEOUS REFERRALS

                  Clerk's Letter and Mayor's Approval of Resolutions 
                  and Ordinances passed by the City Council on 
                  March 22, 2004. (PLACED ON FILE)

                  Investment of Funds for the week of March 22 thru 
                  March 26, 2004. (ADOPTED, 7-0; A-82668)

                  Report from City Treasurer Telecommunication 
                  Occupation Tax for the month of February, 2004: 
                  Guaranteed Phone Service, D&D Communications Inc. 
                  (PLACED ON FILE)
	
                  Setting the hearing date of Monday, April 12, 2004 
                  at 1:30 pm for an Application of CCW LLC dba Huhot 
                  Mongolian Grill for a Class J Liquor License at 
                  201 N. 66th Street.  (ADOPTED, 7-0; A-82669)

                  Setting the hearing date of Monday, April 12, 2004 
                  at 1:30 pm for an Application of Nash Finch Company 
                  dba Sunmart #025 for a Catering Liquor License at 
                  1340 West "O" Street.  (ADOPTED, 7-0; A-82670)
	
                  Setting the hearing date of Monday, April 12, 2004 
                  at 1:30 pm for an Application of Salem Oil Company 
                  dba Yankee Hill Amoco for a Class B Liquor License 
                  and a Class K Liquor License at 630 West Prospector 
                  Court.  (ADOPTED, 7-0; A-82671)

REPORTS OF CITY OFFICERS

26)            Report from City Treasurer Telecommunication
               Occupation Tax for the month of February, 2004:
               Excel Telecommunications Inc, VarTec Telecom Inc,
               Lightyear Communications Inc, Worldxchange Corp,
               Sprint Spectrum L.P., Nosva Limited Partnership,
               Affinity Network Inc, Globalcom Inc, Telecorp
               Communications Inc, Zone Telecom Inc, Nos
               Communications Inc, Tri-M Communications Inc, GTC
               Telecom Corp, ATT Wireless Services. (PLACED ON
               FILE)

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

28)            Approving the distribution of funds representing
               interest earnings on short-term investments of 
               Idle Funds during the month of ended February, 2004. 
               (ADOPTED, 7-0; A-82672)

29)            Investment of Funds for the week of March 15 thru
               March 19, 2004. (ADOPTED, 7-0; A-82673)

30)            Setting the hearing date of Monday, April 12,
               2004, at 1:30 pm for an Application of Robot 
               Venus Inc. dba Baciami for a Class C Liquor 
               License at 301 N. 8th Street. 
               (ADOPTED, 7-0; A-82674)

31)            FOLLOWING WERE REFERRED TO THE PUBLIC WORKS
               DEPARTMENT:
               Request for a Lighting District in West Charleston
                     Street, northwest from North 1st Street and 
                     continuing to the existing cul-de-sac at the 
                     west end of West Charleston Street. 
               Request for Gap Paving in North 57th Street, Fremont 
                     to Hartley Streets signed by Jack & Wyona
                     Markwardt and Mr. and Mrs. Wayne Roland. 

                  - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 32 THRU 36 HAD 1ST READING)
 
32)  04-59      Approving a Sublease Agreement between the
                City and Experience Works for providing job
                training and employment services under the
                Workforce Investment Act.
                Fact Sheet (41K)
                Attachment (259K)
								
33)  04-55      Street Name Change 04002 - Renaming Fischer
                Drive to Cotswold Lane in Heritage Lakes 1st
                Addition, generally located at S. 95th Street
                and Pine Lake Road.
                Fact Sheet (63K)
								
34)  04-56      Declaring approximately 14,000 square feet of
                property generally located at 17th and
                Prospect Street as surplus property.
                Fact Sheet (138K)
								
35)  04-57      Change of Zone 04008 - Amending Section
                27.28.080 of the Lincoln Municipal Code to
                revise the parking requirements in the R-T
                Residential Transition District to allow
                parking lots closer than 20 feet to a
                residential district when abutting a non-
                residential use.
                Fact Sheet (76K)
								
36)  04-58      Change of Zone 04012 - Application of
                Hartland Homes, Inc. for a change of zone
                from AGR Agricultural Residential District to
                R-3 Residential District on property
                generally located at S.W. 27th Street and
                West South Street.
                Fact Sheet (190K)
								

ORDINANCES - 3RD READING

37)  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) (ACTION DELAYED FOR 1 WEEK 
                TO 4/5/04, 7-0)
                Fact Sheet (168K)

38)  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. (PASSED, 7-0; #18329)
                Fact Sheet (59K)

39)  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. 
                (PASSED, 7-0; #18330)
                Fact Sheet (137K)


PENDING LIST - DATE CERTAIN

40)  04-21      Amending Title 12 of the Lincoln Municipal
                Code relating to Parks by adding a new
                Chapter 12.22, Enhanced Median, Roundabout,
                a 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; SEE ITEMS 47 & 48)

41)  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)

42)  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. (4/17/00 - 
               Placed on Pending)(In connection w/00-65) (3/5/01 - 
               Placed on Pending)
               Fact Sheet (949K)

43)  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)

44)  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)

45)  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)

46)  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)

47)  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) (REFERRED 
               BACK TO PLANNING COMMISSION, 7-0)
               Fact Sheet (241K)

48)            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) (WITHDRAWN, 7-0; 
               #38-4467)

49)  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)

50)  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)

51)  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)

52) 04-46      Amending the Lincoln Municipal Code by repealing 
               Section 24.50.050, Permits and Inspections for 
               private water and sewer main installation. 
               (3/15/04 - Pending Indefinitely)
               Fact Sheet (57K)

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, APRIL 5, 2004 AT 1:30 P.M.:
                                         (APPROVED, 7-0)

53)  04R-63    Reappointing Kate Kulesher and Dr. Lisa Peterson
               to the Lincoln-Lancaster County Board of Health
               for a three-year term expiring April 15, 2007.

54)  04R-64    Reappointing Roberta Stick, Holly Burns, Kathleen
               Uhrmacher, and Bridget Christensen to the Lincoln-
               Lancaster Women's Commission for a two-year term
               expiring March 1, 2006.

55)  04R-65    Appointing Elizabeth Rodacker, Danja M. Siders,
               and Jeri L. Bradt to the Lincoln-Lancaster Women's
               Commission for terms expiring March 1, 2006, March
               1, 2006, and March 1, 2005, respectively.
               Attachment (K)
							 
56)  04R-66    Special Permit 04001 - Application of US Cellular
               Wireless Communications for authority to construct
               a 155' monopole for wireless facilities, with
               waiver to the required fall zone and landscaping,
               on property generally located one-half mile north
               of the intersection of N. 70th and Fletcher Ave.
               Fact Sheet (495K)
							 
57)  04R-67    Special Permit 04010 - Application of Potential
               II, L.L.C. for authority to sell alcoholic
               beverages for consumption on the premises on
               property generally located at 7301 S. 27th Street.
               Fact Sheet (173K)


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 (3/31/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (4/5/04).


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 7:45 P.M.

                               ***

                    The City Council Meeting 
      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.,
          Immediately following the Pre-Council Meeting
                  on 5 City-TV, Cable Channel 5.
                               **** 

 The City Council Agenda and Action Sheet may be accessed on the
 Internet at: lincoln.ne.gov
                               ***


City Council