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City of Lincoln City Council Office 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