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Formal Agenda/Action

 

           ACTION OF THE REGULAR CITY COUNCIL MEETING HELD 
                 MONDAY, APRIL 19, 2004 AT 1:30 P.M.

                         ALL MEMBERS PRESENT
  
       UPCOMING CITY COUNCIL MEETING SCHEDULE - SEE LAST PAGE
                                
             MAYOR'S ANNUAL AWARD OF EXCELLENCE OF 2003 - 
        THURMAN HOSKINS, JR. OF THE LANCASTER COUNTY HEALTH DPT. 
             HONORABLE MENTION WINNER - NANCY BRIENZO OF THE 
                    MAYOR'S DEPARTMENT OF AGING
                          
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Nash Finch Company dba Sunmart #025
               for a liquor catering license at 1340 West O Street. 
               (Public Hearing & Action Con't. to 4/19/04) 
               (ADOPTED FOR APPROVAL, 7-0; A-82713)

2)             Application of Updowntowners Inc. for a special
               designated license to cover an area measuring
               approximately 450' by 90' north/south and 450' by
               90' east/west in 12th Street M/N-O St., and N St.
               11th/12th-13th Street, on April 30, 2004 from
               11:00 a.m. to 11:00 p.m., and May 1, 2004 from
               9:00 a.m. to 11:00 p.m. (ADOPTED FOR APPROVAL, 
               7-0; A-82714)

3)             Application of Granite City Food & Brewery for a
               Class C (on-sale & off-sale beer, wine, spirits)
               and Class L (brew pub)  liquor license at 6150 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-82715)

4)             Manager application of Barry J. Pointer for
               Granite City Food & Brewery at 6150 O Street.
               (ADOPTED FOR APPROVAL, 7-0; A-82716)


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 5 THRU 7 HAD 2ND READING)

5)    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)
	 
6)   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)

7)   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.


PUBLIC HEARING - RESOLUTIONS

8)   04R-78    Appointing Rhea G. Gill to the Parks and
               Recreation Advisory Board for a three-year term
               expiring April 27, 2007. (ADOPTED, 7-0; A-82717)
               Application (92K)

9)   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. (ADOPTED, 7-0; A-82718)

10)  04R-80    Appointing Dr. Catherine S. Alley to the Lincoln-
               Lancaster County Board of Health for a three-year
               term expiring April 15, 2007. 
               (ADOPTED, 7-0; A-82719)
               Application (190K)

11)  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. (ADOPTED, 7-0; A-82720)

12)  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. (ADOPTED, 7-0; A-82721)
               Fact Sheet (62K)
               Attachment (200K)

13)  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 cafe. 
               (WITHDRAWN, 7-0; 38-4470)
               Fact Sheet (36K)
               Application (303K)
							 

PUBLIC HEARING
ORDINANCES - 3RD READING

14)  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) 
               (4/12/04 - Public Hearing & Action Con't to 4/19/04) 
               (SUBSTITUTE ORDINANCE ACCEPTED, 7-0; SUBSTITUTE 
               ORDINANCE LOST, 0-7; 38-4471)
               (04-21S Substitute Ordinance) 
               
                 - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE      

15)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances passed by the City Council on 
               April 12, 2004. (PLACED ON FILE)

               Report from City Treasurer of City Cash on hand 
               at the close of business March 31, 2004. 
               (PLACED ON FILE)

               Report of UNL Microbiologist for water testing 
               for month of March, 2004. (PLACED ON FILE)


REPORTS OF CITY OFFICERS

16)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for March, 2004. 
               (PLACED ON FILE)

17)            Fourth Quarter Financial Report of Lincoln
               Electric System for the period of October 1, 2003
               through December 1, 2003. (PLACED ON FILE)
               
                       - END CONSENT AGENDA -


ORDINANCES - 1ST READING (ITEMS 18 THRU 21 HAD 1ST READING)
 
18)  04-68     Authorizing the construction of a 12-inch
               water main to serve South Folsom, from West
               South Street south approximately 1,250 feet
               and assessing the cost thereof against the
               benefitted property. 
               Attachment (177K)
               Fact Sheet (57K)
							 
19)  04-69     Approving a lease agreement between the City
               and U.S. Cellular to locate telecommunications 
               facilities in the City Park property located 
               at 3403 W. Van Dorn Street.
               Attachment (575K)
               Fact Sheet (45K)
							 
20)  04-70     Approving a lease agreement between the City
               and U.S. Cellular to locate telecommunications 
               facilities at 4375 S. 33rd Court.
               Attachment (588K)
               Fact Sheet (46K)
							 
21)  04-71     Approving a lease agreement between the City
               and U.S. Cellular to locate telecommunications 
               facilities in the City Park property located 
               at 3761 Normal Blvd.
               Attachment (587K)
               Fact Sheet (45K)


ORDINANCES - 3RD READING

22)   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.
                (PASSED, 7-0; #18344)
                Fact Sheet (55K)
                Attachment (264K)
								

PENDING LIST - DATE CERTAIN - NONE

PENDING LIST (EXTENDED ONE WEEK)

23)  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)

24)  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)

25)  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)
 
26)  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)

27)  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)

28)  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)

29)  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)

30)  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)

31)  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)

 32) 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 26, 2004 AT 1:30 P.M.:
                                         (APPROVED, 7-0)

33)  04R-84    Approving a multi-year agreement with funding from
               more than one fiscal CIP budget year between the
               City and Construction Manager for renovation and
               construction work at the Sunken Gardens located at
               S. 27th Street and Capital Parkway.
               Fact Sheet (39K)
							 
34)  04R-85    Appointing Tami C. Soper to the Lincoln-Lancaster
               Women's Commission for a two-year term expiring
               March 1, 2006.
               Application (99K)
	
						 
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 (4/21/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (4/26/04).

     Larry Clinton, Jr.  
        Subject: Discuss sewer/septic system on North Mockingbird Lane
                 (CITY STAFF TO COORDINATE A RESPONSE)                             


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 4:45 P.M.


                 UPCOMING CITY COUNCIL MEETING SCHEDULE
      APRIL 26, 2004 - 1:30 P.M.           MAY 17, 2004 - 1:30 P.M.
      MAY 3, 2004 - 5:30 P.M.              MAY 24, 2004  - 5:30 P.M.
      MAY 10, 2004 - 1:30 P.M.                
      MAY 31, 2004 - NO MEETING DUE TO MEMORIAL DAY HOLIDAY


                               ***
                    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