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Formal Agenda/Action

 


        ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD 
                MONDAY, APRIL 5, 2004 AT 1:30 P.M.

		   ALL MEMBERS PRESENT EXCEPT CAMP

       MAYOR'S AWARD OF EXCELLENCE - DAVE KLUTHE OF THE FIRE
             DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY.
                       
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of Ginger Richardson for 1515
               Market Street Inc. dba Airport Inn at 3200 N.W.
               12th Street. (ADOPTED FOR APPROVAL, 6-0; A-82675)

2)             Manager application of Sheryl L. Spaulding for
               Chipotle Mexican Grill of Colorado, L.L.C. dba
               Chipotle Mexican Grill at 232 N. 13th Street. 
               (ADOPTED FOR APPROVAL, 6-0; A-82676)

3)             Application of Burnsy's Inc. dba Catering on the
               Blvd. for a Class I liquor license at 2602 Park
               Blvd. (PUB. HEARING & ACTION DELAYED TO 4/12/04, 6-0)

4)             Manager application of Michael F. Burns for
               Burnsy's Inc. dba Catering on the Blvd at 2602
               Park Blvd. (PUB. HEARING & ACTION DELAYED TO 4/12/04, 6-0)

5)             Application of D.B. Associates, Inc. dba The
               Steakhouse for a Class C liquor license at 3441
               Adams Street. (ADOPTED FOR APPROVAL, 6-0; A-82677)

6)             Manager application of James Q. Wulf for D.B.
               Associates, Inc. dba The Steakhouse at 3441 Adams
               Street. (ADOPTED FOR APPROVAL, 6-0; A-82678) 


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 THRU 11 HAD 2ND READING)

7)    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)
							 
8)   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)
							 
9)   04-56     Declaring approximately 14,000 square feet of
               property generally located at 17th and
               Prospect Street as surplus property.
               Fact Sheet (138K)
							 
10)  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)
							 
11)  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 proper                    
               generally located at S.W. 27th Street and
               West South Street.
               Fact Sheet (190K)
							 

PUBLIC HEARING - RESOLUTIONS

12)  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.
               (ADOPTED, 6-0; A-82679)

13)  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. (ADOPTED, 6-0; A-82680)

14)  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. 
               (ADOPTED, 6-0; A-82681)
               Attachment (K)
							 
15)  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.
               (ADOPTED, 6-0; A-82682)
               Fact Sheet (495K)
							 
16)  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.
               (ADOPTED, 6-0; A-82683)
               Fact Sheet (173K)

							 
PUBLIC HEARING
ORDINANCES - 3RD READING

17)   04-21    Amending Title 12 of the Lincoln
               Municipal Code relating to Parks by adding a new 
               Chapter 12.22, Enhanced Median, Roundabout, and 
               Cul-de-sac Center Island Landscaping, to provide
               conditions for the placement of enhanced 
               landscaping in median roundabout and cul-de-sac 
               center island area by an abutting property
               owner. (3/1/04 - 3rd Reading delayed
               w/con't Public Hearing & Action 4/5/04) 
               (PUB. HEARING & ACTION CON'T TO 4/12/04; 6-0)

                 - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE
          
18)  MISCELLANEOUS REFERRALS

                Clerk's Letter and Mayor's Approval of Resolutions 
                and Ordinances passed by the City Council on 
                March 29, 2004. (PLACED ON FILE)

		Report from City Treasurer Telecommunication Occupation 
                Tax for the month of January/February, 2004: Network Billing 
                Systems LLC; February, 2004; Buyers United Inc, Cincinnati 
                Bell Any Distance Inc, Quest Communications Corp, Verizon  
                Select Services Inc, Primus Telecommunications Inc, 
                C III Communications Operations, Working Assets Funding 
                Service, Global Crossing Telecommunications Inc, 
                ACN Communication Services Inc, Cricket Communications Inc, 
                Verizon Long Distance, Touch American Inc, OnStar Corporation, 
                Quantum Shift Communications, IBM Global Services, One Call                                 Communications, Sprint Communication Company, United Systems 
                Access Telecom, Liberty Wireless, AT&T Communications of 
                Midwest, Virgin Mobile USA, T-Netix Telecom Services Inc, 
                Intellical Operator Services, XO Long Distance Services Inc, 
                TracFone Wireless Inc, Voicecom Telecommunications, USA Inc, 
                Norstan Network Services Inc, Telecommunication Company, MCI                                 Telecommunications Corporation, Trans National Communications. 
                (PLACED ON FILE)
	
		Setting the hearing date of Monday, April 19, 2004 at 1:30 pm 
                for an Application of Granite City Food & Brewery LTD dba 
                Granite Food & Brewery for a Class C Liquor License and a 
                Class L Liquor License at 6150 "O" Street. 
                (ADOPTED, 6-0; A-82684)

REPORTS OF CITY OFFICERS

19)            Report from City Treasurer Telecommunication
               Occupation Tax for the month of February, 2004:
               Nextel West Corp, Teleco Development Group DE Inc,
               Cellular One. (PLACED ON FILE)

20)            FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
               Special Permit No. 04013 - Requested by United
                       Presbyterian Welfare Foundation, for a
                       domiciliary care facility, on property
                       located at South 33rd Street and
                       Yankee Hill Road. 
               Special Permit No. 04014, Whispering Creek
                       Community Unit Plan - Requested by Patricia
                       Slaughter and Connie Heier, for 51 single
                       family lots, with requests to waive
                       sidewalks, street trees, landscaping screening,
                       street lighting, block length, and preliminary
                       plat, on property located at South 112th
                       Street and Old Cheney Road. 
               Special Permit No. 04015 - Requested by Yankee
                       Hill Landscape Company, Inc., for a 15,000 
                       square foot garden center, on property 
                       located at the SW corner of South 120th 
                       Street and Yankee Hill Road. 
               Special Permit No. 04016 - Requested by Olsson
                       Associates, for planned  service/commercial, 
                       with requests to waive setbacks and to allow 
                       the Planning Director to approve site plans 
                       at the time of the Building Permit, on property
                       located at North 84th Street and Leighton Avenue. 
               Special Permit No. 04017 - Requested by U.S. Cellular 
                       Wireless Communications, for a wireless facility, 
                       on property located at 4221 J Street. 

                  - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 21 THRU 24 HAD 1ST  READING; SEE ITEMS 23 & 24)
 
21)  04-60     Approving a contract between the City and the
               Downtown Lincoln Association to operate and
               regulate a mid-week public market in the area
               located at 12th Street from Q to R Street and
               R Street from 12th to 13th Streets from June
               1, 2004 through June 29, 2004.
               Fact Sheet (55K)
               Attachment (264K)
							 
22)  04-61     Approving a contract between the City and
               Lincoln Haymarket Development Corp. to
               operate and regulate a Saturday public market
               in the Haymarket area, 7th Street from P to Q
               Streets and P. 
               Fact Sheet (27K)
               Attachment (326K)
							 
23)  04-62     Accepting and approving City's certifications
               as landlord in the Estoppel Certificate and
               consenting to the Assignment and Assumption
               of the First Amended and Restated Lease and
               Operating Agreement - Burnham Yates
               Conference Center from Cornhusker Square
               Limited Partnership to SHUBH Hotels Lincoln,
               L.L.C. or its affiliates. (REQUEST TO HAVE 2ND 
               & 3RD READING ON 4/12/04; 6-0)
               Fact Sheet (26K)
               Attachment (717K)

24)  04-63     Approving the Second Amendment to the First
               Amended and Restated Lease and Operating
               Agreement - Burnham Yates Conference Center. 
               (REQUEST TO HAVE 2ND & 3RD READING ON 4/12/04; 6-0)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION 

25)   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 to 4/5/04) (AMENDED, 6-0; PASSED 
               AS AMENDED, 5-1; DISSENTING: WERNER; #18331) 
               Fact Sheet (168K)
							 
26)  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) (ACCEPTED SUBSTITUTE ORDINANCE, 
               6-0; PASSED SUBSTITUTE ORDINANCE, 6-0; #18332)
               Fact Sheet (2MB)
							 
27)  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) (3/29/04 - Action Delayed
               to 4/5/04) (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; 
               A-82685)
               Fact Sheet (4.3MB)
							 
28)  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) (3/29/04 - Action Delayed
               to 4/5/04) (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0; 
               A-82686)
               Fact Sheet (6.7MB)

29)  04R-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.
               (PASSED, 6-0; #18333)
               (In connection w/04-53, 04R-56, 04R-57,
               04R-58)

30)  04R-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) (PASSED, 6-0; #18334)
               Attachment (35K)
               Fact Sheet (14K)
							 
31)  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) (3/29/04 - Action Delayed to
               4/5/04)(ADOPTED, 6-0; A-82687)

32)  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)
               (3/29/04 - Action Delayed to 4/5/04) (ADOPTED, 6-0; 
               A-82688)
               Fact Sheet (3.4MB)

33)  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) (3/29/04 - Action Delayed to
               4/5/04) (ADOPTED, 6-0; A-82689)
               Fact Sheet (3.4MB)

34)  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.
               (PASSED, 6-0; #18335)
               Fact Sheet (14K)


RECONSIDERATION OF COUNCIL DENIAL - REQUEST BY APPLICANT

35)            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. 
               (MOTION TO RECONSIDER FOR PUB. HEARING & 
               ACTION ON 4/12/04, 5-1; DISSENTING: COOK)
                                                                 
36)            Manager application of Duane L. Hartman for DLH,
               Inc. dba Coaches Sports Bar & Grill at 640 W.
               Prospector Court. (MOTION TO RECONSIDER FOR 
               PUB. HEARING & ACTION ON 4/12/04, 5-1; 
               DISSENTING: COOK)


PENDING LIST - DATE CERTAIN - NONE


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)  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)

44)  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)

45)  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)

 46) 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 12, 2004 AT 1:30 P.M.: 
						   (APPROVED, 7-0)

47)  04R-68    Reappointing Terry Werner to the Utility Billing
               Check-Off Program Board (Lincoln Cares Program)
               for a one-year term expiring August 31, 2004.

48)  04R-69    Reappointing Terry Werner to the Joint Budget
               Committee for a two-year term expiring August 31,
               2005.

49)  04R-70    Reappointing Glenn Friendt, Jonathan Cook, and Ken
               Svoboda to the Railroad Transportation Safety
               District for one-year terms expiring August 31,
               2004.

50)  04R-71    Appointing Annette C. Durham to the Lincoln
               Housing Authority Board to fill an unexpired term
               expiring July 1, 2005.

51)  04R-72    Appointing Cindy M. Wostrel to the Community
               Forestry Advisory Board to fill an unexpired term
               expiring August 17, 2004.

52)  04R-73    Approving a four year contract between the City
               and Von Busch and Sons Refuse to collect
               recyclables deposited at the City-sponsored
               recycling drop-off sites.
               Fact Sheet (59K)
							 
53)  04R-74    Special Permit 730638B - Application of West
               Point, L.L.C to expand an existing parking lot in
               a residential district on property generally
               located at S. 55th Street and Saylor Street.
               Fact Sheet (364K)

54)  04R-75    Waiving the right of the City to object to the
               validity of the conveyance of Lot 1, Block 1, NBC
               Bank Addition, except the east 142 feet thereof,
               from Wells Fargo Bank to Hastings State Bank on
               the grounds that the conveyance failed to comply
               with the requirements relating to subdivision
               approval.

55)  04R-76    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of 
               March 16 - 31, 2004.
               Attachment (29K)
               Fact Sheet (14K)
							 
56)  04R-77    Approving a five-year advertising agreement
               between the City and Bristol Windows for
               advertising rights on the electronic message
               systems at Pershing Municipal Auditorium at 15th
               and N Streets.
               Fact Sheet (51K)


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 (4/7/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (4/12/04).


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 3:45 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.,
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                  on 5 City-TV, Cable Channel 5.
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  	                    lincoln.ne.gov
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