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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
    	                       ***

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