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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 12, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP & MCROY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Burnsy's Inc. dba Catering on the
Blvd. for a Class I liquor license at 2602 Park
Blvd. (4/5/04 - Public Hearing & Action Con't
to 4/12/04) (ADOPTED FOR APPROVAL, 5-0; A-82690)
2) Manager application of Michael F. Burns for
Burnsy's Inc. dba Catering on the Blvd. at 2602
Park Blvd. (4/5/04 - Public Hearing & Action
Con't to 4/12/04)(ADOPTED FOR APPROVAL, 5-0;
A-82691)
3) Application of Robot Venus, Inc. dba Baciami for a
Class C (Spirits, Wine, & Beer, On- & Off-Sale)
liquor license at 301 N. 8th Street. (ADOPTED
FOR APPROVAL, 5-0; A-82692)
4) Manager application of Shannon M. Raymer for Robot
Venus, Inc. dba Baciami at 301 N. 8th Street.
(ADOPTED FOR APPROVAL, 5-0; A-82693)
5) Application of CCW, LLC dba Huhot Mongolian Grill
for a Class J (Wine & Beer, On-Sale) liquor
license at 201 N. 66th Street. (ADOPTED
FOR APPROVAL, 5-0; A-82694)
6) Manager application of Luke E. Wilson for CCW, LLC
dba Huhot Mongolian Grill at 201 N. 66th Street.
(ADOPTED FOR APPROVAL, 5-0; A-82695)
7) Application of Nash Finch Company dba Sunmart #025
for a liquor catering license at 1340 West O
Street. (PUBLIC HEARING & ACTION DELAYED
TO 4/19/04, 5-0)
8) Application of Salem Oil Company dba Yankee Hill
Amoco for a Class B (Beer, Off-Sale) and Class K
(Wine, Off-Sale) liquor license at 630 W.
Prospector Court. (ADOPTED FOR APPROVAL,
5-0; A-82696)
9) Manager application of Jeffrey J. Scott for Salem
Oil Company dba Yankee Hill Amoco at 630 W.
Prospector Court. (ADOPTED FOR APPROVAL,
5-0; A-82697)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 10 THRU 13 HAD 2ND READING:
SEE ITEMS 11, 12, & 13)
10) 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. (Request
2nd & 3rd Readings 4/12/04)
Fact Sheet (55K)
Attachment (264K)
11) 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. (Request 2nd & 3rd
Readings 4/12/04)(COUNCIL RULES WAIVED TO HAVE
ACTION ON THIS DAY, 5-0; PASSED, 5-0; #18336)
Fact Sheet (27K)
Attachment (326K)
12) 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
2nd & 3rd Readings 4/12/04)(COUNCIL RULES
WAIVED TO HAVE ACTION ON THIS DAY, 5-0;
PASSED, 5-0; #18337)
Fact Sheet (26K)
Attachment (717K)
13) 04-63 Approving the Second Amendment to the First
Amended and Restated Lease and Operating
Agreement - Burnham Yates Conference Center.
(Request 2nd & 3rd Readings 4/12/04)
(COUNCIL RULES WAIVED TO HAVE ACTION
ON THIS DAY, 5-0; PASSED, 5-0; #18338)
Attachment (403K)
PUBLIC HEARING - RESOLUTIONS
14) 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.
(ADOPTED, 5-0; A-82698)
15) 04R-69 Reappointing Terry Werner to the Joint Budget
Committee for a two-year term expiring August 31,
2005. (ADOPTED, 5-0; A-82699)
16) 04R-70 Reappointing Glenn Friendt, Jonathan Cook, and Ken
Svoboda to the Railroad Transportation Safety
District for one-year terms expiring August 31,
2004. (ADOPTED, 5-0; A-82700)
17) 04R-71 Appointing Annette C. Durham to the Lincoln
Housing Authority Board to fill an unexpired term
expiring July 1, 2005. (ADOPTED, 5-0; A-82701)
18) 04R-72 Appointing Cindy M. Wostrel to the Community
Forestry Advisory Board to fill an unexpired term
expiring August 17, 2004. (ADOPTED, 5-0; A-82702)
19) 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. (ADOPTED, 5-0;
A-82703)
Fact Sheet (59K)
20) 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.
(ADOPTED, 5-0; A-82704)
Fact Sheet (364K)
21) 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. (ADOPTED, 5-0; A-82705)
22) 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. (ADOPTED, 5-0; A-82706)
Attachment (29K)
Fact Sheet (14K)
23) 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. (ADOPTED, 5-0; A-82707)
Fact Sheet (51K)
PUBLIC HEARING
ORDINANCES - 3RD READING
24) 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) (4/5/04 -
Public Hearing & 3rd Reading Con't. to 4/12/04)
(Request 1 week delay for Substitute Ordinance)
(PUBLIC HEARING & ACTION CONT'D TO 4/19/04, 5-0)
RECONSIDERATION W/ PUBLIC HEARING
25) 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.
(4/5/04 - To be Reconsidered w/ Public Hearing
& Action 4/12/04)(RECONSIDERATION OF DENIAL,
LOST; 1-4, #38-4468)(ADOPTED FOR APPROVAL,
4-1; A-82708)
26) Manager application of Duane L. Hartman for DLH,
Inc. dba Coaches Sports Bar & Grill at 640 W.
Prospector Court. (4/5/04 - To be Reconsidered
w/ Public Hearing & Action 4/12/04)(RECONSIDERATION
OF DENIAL, LOST; 1-4, #38-4469)(ADOPTED FOR
APPROVAL, 4-1; A-82709)
EMERGENCY RESOLUTION
26a) Waiving City Council Rules and placing an Emergency
Resolution concerning a sewer line replacement located
in Glenwood Circle near Wedgewood Lake (Project 700405)
on the City Council Agenda for Public Hearing and
Action this day 4/12/04. (MOTION TO WAIVE COUNCIL
RULES & PLACE ON AGENDA FOR PUBLIC HEARING & ACTION
ON THIS DATE, 5-0; ADOPTED, 5-0; A-82710)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
27) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
April 5, 2004. (PLACED ON FILE)
Investment of Funds for the week of April 5 thru
April 9, 2004. (ADOPTED, 5-0; A-82711)
Annual Report of 2003 from City Law Department.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
28) Investment of Funds for the week of March 29 Thru
April 2, 2004. (ADOPTED, 5-0; A-82712)
29) Report from City Treasurer Telecommunication Occupation
Tax for the month of January/February/March, 2004:
Touch 1 Communications Inc.; February, 2004:
Nebraska Technology & Telecommunications Inc, Asso.
Administrators Inc, LDMI Telecommunications Inc,
Alltel Nebraska Inc, Alltel Communications of
Nebraska Inc, Alltel Systems of the Midwest Inc.
(PLACED ON FILE)
30) Request of Public Works Department to set a Public
Hearing date of Monday, April 26, 2004, at 1:30p.m.
and to place on the formal City Council Agenda
the following: (APPROVED, 5-0)
04-68 To provide authority to construct a 12
inch water main in South Folsom, West
South Street south approximately 1,250
feet and assess the cost thereof against
the benefitted properties.
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 31 THRU 33 HAD 1ST READING)
31) 04-64 Change of Zone 04014 - Amending Title 27 of
the Lincoln Municipal Code by amending
Section 27.31.030 to delete the sale of
alcoholic beverages for consumption on and
off the premises as permitted uses; by
amending Section 27.31.040 to add said uses
as permitted conditional uses and to provide
conditions of approval in the B-2 Planned
Neighborhood Business District; by amending
Section 27.37.020 to delete the sale of
alcoholic beverages for consumption on and
off the premises as permitted uses; by
amending Section 27.37.025 to add said uses
as permitted conditional uses and to provide
conditions of approval in the B-5 Planned
Regional Business District.
Fact Sheet (536K)
32) 04-65 Change of Zone 04016 - Amending Section
27.26.020 of the Lincoln Municipal Code to
add Adult Care Center as a permitted use in
the O-2 Suburban Office District.
Fact Sheet (46K)
33) 04-66 Approving the transfer of unspent and
unencumbered appropriations and cash between
capital improvement projects within the
Public Works & Utilities Department, Urban
Development Department, and Parks &
Recreation Department and designating the
funding source for street projects to be
funded from the recent issuance of Highway
Allocation Bonds in FY 04/05 and transferring
dollars made available to those projects to
other street projects within the Department
of Public Works & Utilities.
ORDINANCES - 3RD READING
34) 04-59 Approving a Sublease Agreement between
the City and Experience Works for
providing job training and employment
services under the Workforce Investment
Act. (PASSED, 5-0; #18339)
Fact Sheet (41K)
Attachment (259K)
35) 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. (PASSED, 5-0; #18340)
Fact Sheet (63K)
36) 04-56 Declaring approximately 14,000 square feet of
property generally located at 17th and
Prospect Street as surplus property.
(PASSED, 5-0; #18341)
Fact Sheet (138K)
37) 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. (AMENDED,5-0;
PASSED AS AMENDED, 5-0; #18342)
Fact Sheet (76K)
38) 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. (PASSED, 5-0; #18343)
Fact Sheet (190K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
39) 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)
40) 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)
41) 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)
42) 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)
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) 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)
45) 04-13 Change of Zone 3429 - Application of William
Krein for a change of zone from R-4 Residential
District to R-T Residential Transition District on
property generally located at S. 56th Street and
Pine Lake Road. (2/2/04 - Public Hearing & Action
con't to 3/1/04) (3/1/04 - Placed on Pending)
Fact Sheet (825K)
46) 04R-12 Special Permit 1713B - Application of William
Krein to amend the boundaries of Aspen
3rd Addition Community Unit Plan and add
ten residential lots for a total of 205 single
family, townhouse, and multi-family units on
property generally located at S. 56th
Street and Pine Lake Road. (In connection
w/04R-13, 04-13) (2/2/04 - P.H. & Action con't. to
3/1/04) (3/1/04 - Placed on Pending)
Fact Sheet (785K)
47) 04R-13 Use Permit 155 - Application of William Krein to
construct nine 5,000 sq. ft. office buildings on
property generally located at S. 56th Street and
Pine Lake Road. (In connection w/04R-12, 04-13)
(2/2/04 - P.H. & Action Con't. to
3/1/04) (3/1/04 - Placed on Pending)
Fact Sheet (762K)
48) 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 19, 2004 AT 1:30 P.M.:
(APPROVED, 5-0)
49) 04R-78 Appointing Rhea G. Gill to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2007.
Application (92K)
50) 04R-79 Reappointing Robert Ripley, Mike Seacrest, and
Karen Hand to the Parks and Recreation Advisory
Board for three-year terms expiring April 27,
2007.
51) 04R-80 Appointing Dr. Catherine S. Alley to the Lincoln-
Lancaster County Board of Health for a three-year
term expiring April 15, 2007.
Application (190K)
52) 04R-81 Special Permit 2047 - Application of the VFW Post
#131 for authority to sell alcoholic beverages for
consumption on the premises on property located at
5721 Johanna Road.
Fact Sheet (141K)
53) 04R-82 Approving a Supplemental Joint Funding Agreement
to continue the existing aquifer bank filtration
research project of the Ashland Wellfield to
extend the sampling period for the collection and
analysis of additional microbial and
pharmaceutical samples from 18 months to 24
months.
Fact Sheet (62K)
Attachment (200K)
54) 04R-83 Authorizing Glenn Friendt dba Dish to occupy a
portion of the public right-of-way at 1100 O
Street for use as a sidewalk caf‚.
Fact Sheet (36K)
Application (303K)
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 (4/14/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (4/19/04).
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 3:30 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