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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 15, 2003 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETINGS THE WEEKS OF DEC. 22 AND 29, 2003
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager Application of Todd M. Kerns for Outback
Steakhouse FL, Inc. dba Outback Steakhouse at 633
N. 48th St. (12/1/03 - Public Hearing Con't. to
12/8/03) (12/8/03 - Public Hearing Con't.
to 12/15/03) (ADOPTED FOR APPROVAL, 7-0; A-82500)
2) Application of Cory Fletcher dba Mahoney Golf
Course for an expansion of their presently
licensed property of an area to include the entire
18-hole golf course and buildings on property
generally located at 7900 Adams Street.
(ADOPTED FOR APPROVAL, 6-1; SVOBODA DISSENTING;
A-82501)
3) Application of John Craw dba Crawdad's Inc. for an
expansion of their presently licensed property of
an area to include the entire 18-hole golf course
including maintenance building and clubhouse
approximately 190 acres on property generally
located at 3701 S. 70th Street. (ADOPTED FOR
APPROVAL, 6-1; SVOBODA DISSENTING; A-82502)
4) Application of Denis M. Vontz dba Highlands Golf
Course for an expansion of their presently
licensed property of an area to include the entire
18-hole golf course and buildings on property
generally located at 5501 N.W. 12th Street.
(ADOPTED FOR APPROVAL, 6-1; SVOBODA DISSENTING;
A-82503)
5) Application of Timothy L. Rowland dba Pioneers
Golf Course for an expansion of their presently
licensed property of an area to include the entire
18-hole golf course and buildings on property
generally located at 3403 W. Van Dorn Street.
(ADOPTED FOR APPROVAL, 5-2; SVOBODA & WERNER
DISSENTING; A-82504)
PUBLIC HEARING
ORDINANCES - 2NDREADING (ITEMS 6 THRU 9 HAD 2ND READING)
6) 03-181 Declaring approximately 5 acres of property
generally located adjacent to the Highlands Golf
Course at N.W. 12th Street, north of W. Highlands
Boulevard, as surplus. (In connection w/03-
182)
Fact Sheet (245K)
7) 03-182 Change of Zone 3425 - Application of the Director
of Parks and Recreation for a change of zone from
P Public Use to O-3 Office Park, on property
generally located adjacent to the Highlands Golf
Course at N.W. 12th Street, north of W. Highlands
Boulevard. (In connection w/03-181)
Fact Sheet (231K)
8) 03-185 Change of Zone 3427 - Amending Section 27.69.090
of the Lincoln Municipal Code to allow Community
Playhouses as an additional use permitted for the
same sign package as Schools and Churches.
Fact Sheet (228K)
9) 03-186 Change of Zone 3426 - Application of Lambert
Investments #2 for a change of zone from H-1
Interstate Commercial District to H-3 Highway
Commercial District on property generally located
at N.W. 12th and W. Bond Streets.
Fact Sheet (234K)
PUBLIC HEARING - RESOLUTIONS
10) 03R-337 Accepting the report of new and pending claims
against the city and approving disposition of
claims set forth therein for the period of
November 16 to 30, 2003.
Attachment (27K)
Fact Sheet (14K)
(ADOPTED, 7-0; A-82505)
11) 03R-338 Appointing David Fikar to the Lincoln Commission
on Human Rights for a three-year term expiring
December 31, 2006. (ADOPTED, 7-0; A-82506)
12) 03R-339 Reappointing Lori Lopez Urdiales and Sitaram
Jaswal to the Lincoln Commission on Human Rights
for three-year terms expiring December 31, 2006.
(ADOPTED, 7-0; A-82507)
13) 03R-340 Appeal of Alyson A. Dreyer from the Planning
Commission approval of Waiver No. 03013 allowing
lots to exceed the width-to-depth ratio on Lots 2
and 3, Simons 1st Addition, generally located at
S. 43rd Street and South Street.
Fact Sheet (513K)
(LSOT, 1-6; SVOBODA ASSENTING; #38-4458)
14) 03R-341 Special Permit 1423H - Application of Jackie
Snyder to amend the HiMark Estates Community Unit
Plan to add 26 single family attached units in the
southern portion of Outlot "A", for a total of 585
dwelling units within the community unit plan with
waivers to the intersection separation, minimum
lot area, side yard setbacks, minimum width for
major streets, and the preliminary plat process,
on property generally located at South 90th Street
and Old Cheney Road.
Fact Sheet (435K)
(ADOPTED, 7-0; A-82508)
15) 03R-342 Special Permit 2042 - Application of Kwik Shop,
Inc. for authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 2302 Cornhusker Highway.
Fact Sheet (560K)
(ADOPTED, 7-0; A-82509)
16) 03R-343 Appointing Melinda E. Pearson and Eugene
W. Carroll to the Lincoln-Lancaster
County Planning Commission for Six Year
Terms Expiring August 24, 2009.
Attachment (217K)
(ADOPTED, 7-0; A-82510)
17) 03R-345 Assessing the costs incurred for cutting weeds
against the various benefitted properties for the
period of January 1 through December 31, 2003.
Attachment (182K)
Request to waive policy to allow p.h.
& action 12/15/03)
(ADOPTED, 7-0; A-82511)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
18) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of ordinances and
resolutions passed by Council on December 8, 2003.
(PLACED ON FILE)
Report of UNL Microbiologist for water testing for the
month of November, 2003. (PLACED ON FILE)
Report from City Treasurer of Telecommunications
Occupation Tax for the month of October, 2003: Nebraska
Technology & Telecomm.; November, 2003: ATS Mobile.
(PLACED ON FILE)
Setting the Hearing Date of Monday, January 5, 2004 at
1:30 p.m. for an App. of Grannette, Inc. & Brackhan Dance
Directive, LLC dba "DelRay Ballroom & Lounge" for a Class
"K" Liquor License at 817 R Street.
(ADOPTED, 7-0; A-82513)
Setting the Hearing Date of Monday, January 12, 2004 at
1:30 p.m. for an App. of MIPFIVE Inc. dba "Mickey's Irish
Pub and Grill" for a Class "I" Liquor License at 1550 S.
Coddington, Ste. P. (ADOPTED, 7-0; A-82514)
REPORTS OF CITY OFFICERS
19) Investment of Funds for the week of November 24 thru
December 5, 2003. (ADOPTED, 7-0; A-82512)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEM 20 HAD 1ST READING)
20) 03-187 Authorizing and providing for the issuance of
highway allocation fund pledge bonds of the City
of Lincoln, Nebraska in an amount not to exceed
$35,000,000.
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
21) 03R-287B Appointing Lynn Sunderman to the Lincoln-Lancaster
County Planning Commission for a six-year term
expiring August 24, 2009. (10/20/03 - Question
Split; Action Delayed to 11/3/03) (11/3/03
- Placed on Pending) (12/8/03 - To have
Action 12/15/03)(ADOPTED, 7-0; A-82515)
22) 03R-334 Special Permit 2002 - App. of Quin-C, Inc. for
authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 4801 Randolph St.(12/8/03 - Tie Vote
- Action Delayed to 12/15/03)
Fact Sheet (590K)
(ADOPTED, 4-3; COOK, NEWMAN, WERNER
DISSENTING; A-82516)
23) 03R-335 Special Permit 2039 - App. of Mesal Enterprises
for authority to sell alcoholic beverages for
consumption off the premises on property generally
located at 5240 S. 48th St. (12/8/03 - Tie Vote
- Action Delayed to 12/15/03)
Fact Sheet (857K)
(ADOPTED, 4-3; COOK, NEWMAN, WERNER DISSENTING;
A-82517)
24) 03R-336 Approving a schedule of maximum fees the City may
charge for ambulance service.(12/8/03 - Tie
Vote - Action Delayed to 12/15/03)
Fact Sheet (75K)
Attachment (11K)
(ADOPTED 4-3; CAMP, FRIENDT, SVOBODA DISSENTING;
A-82518)
25) 03-184 Accepting and approving the "Amendment
to Cornhusker Square Redevelopment
Project Phase Two Agreement - Burnham
Yates Conference Center" between the
City of Lincoln, Cornhusker Square Land
Company, and David H. Murdock; and
accepting and approving the "Amendment
to First Amended and Restated Lease and
Operating Agreement - Burnham Yates
Conference Center" between the City of
Lincoln and Cornhusker Square Limited
Partnership.
Fact Sheet (14K)
Attachment (28K)
(AMENDMENT #1 ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; #18284)
26) 03-176S3 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation by creating a
new Chapter 8.48 entitled the Lincoln Smokefree
Air Act to set forth the title and purpose of the
Chapter, to set forth general provisions regarding
definitions used in the Chapter, to provide
definitions for words used in the Chapter, to
provide exceptions to the provisions of the
chapter; to require the posting of signs, to
provide for the enforcement of the provisions of
the chapter, to provide penalties for violations
of the chapter, to provide for severability of the
chapter, and providing that this ordinance shall
become effective 18 months after City Council
approval.(Public Hearings 11/3/03 and
11/17/03) (11/24/03 - Action delayed 1 week
to 12/1/03) (Description/"Blurb" modified to reflect
Motions to Amend Adopted at 11/24/03 Council Meeting)
(12/1/03 - Action delayed 1 week to
12/8/03)(Descripton/"Blurb" modified to reflect
motions to amend adopted at 12/1/03 Council Meeting)
(12/8/03 - Action Delayed to 12/15/03)
(Description/"Blurb" modified to reflect Motions
to Amend Adopted at 12/08/03 Council Meeting)
(AMENDMENT #29 ADOPTED, 7-0; AMENDMENT #31 ADOPTED,
7-0; PASSED, 5-2; SVOBODA, WERNER DISSENTING; #18285)
PENDING LIST - DATE CERTAIN
27) 03-130 Amending the Lincoln Corporate Limits Map by
annexing approximately 186.7 acres of property
generally located east of South 84th
Street between Old Cheney Road and Pine Lake Road.
(8/25/03 - Public Hearing Con't. To
1/12/04)
Fact Sheet (974K)
Attachment (31K)
PENDING LIST (EXTENDED ONE WEEK)
28) 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)
29) 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)
30) 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)
31) 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)
32) 02R-20 Directing submittal to the qualified electors of
the city a proposed Charter amendment to Article IV,
Section 7, to allow the council, by ordinance, to change
the compensation of council members and to provide that
no increase in compensation shall become effective
during the council term in which voted.
(2/25/02 - Placed on pending Indefinitely.)
Fact Sheet (4K)
33) 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)
34) 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)
35) 02R-259 Comp. Plan Amendment 02001.A - Application of
Realty Trust Group to amend the 2025 Lincoln-Lancaster
County Comprehensive Plan to change the designation from
Agriculture to Urban Residential and Commercial
uses, on property generally located at the
northeast corner of 84th and Van Dorn Streets.
(11/18/02 - Pending Indefinitely)
Fact Sheet (241K)
36) 03-65 Amending Chapter 4.62 of the Lincoln Municipal Code to
establish a Police and Fire Pension Plan Board of Trustees
to provide oversight and direction with regard to the
investment of the assets of the Police and Fire
Pension Plans. (05/05/03 - Placed on Pending)
37) Appeal Denial of Request for Categorical Exemption
from Impact Fees Submitted by Peter Katt on Behalf
of Mary Jo Livingston and Mount Olive Evangelical
Church. (9/15/03 - Approved Hearing Date of
10/6/03 at 1:30 P.m , 7-0. 9/22/03 - Re-set
hearing date to 10/20/03 (Applicant has
requested to place on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JANUARY 5, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
38) 03R-344 Approving an Agreement between the Lincoln
Lancaster County Health Department and Lincoln
Medical Education Foundation to provide medical
consultation services and department clinical
medical service for a three-year term.
Fact Sheet (48K)
Attachment (296K)
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
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
(12/31/03) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING (1/5/04).
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 5:01 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.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
http://www.lincoln.ne.gov
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History