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Formal Agenda/Action

 

                 ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                          MONDAY, JANUARY 5, 2004 AT 1:30 P.M.

			           ALL MEMBERS PRESENT

                     PRESENTATION OF AWARD TO CITY OF LINCOLN
                  AS A TOP TEN DIGITAL CITY IN THE 150,000 TO 250,0000 
		CLASS AS SELECTED BY THE CENTER FOR DIGITAL GOVERNMENT-
	     (AWARD PRESENTED BY COUNCIL MEMBER PATTE NEWMAN AND ACCEPTED 
	      BY MAYOR COLEEN J. SENG ON BEHALF OF CITY OF LINCOLN AND BY 
            COUNTY COMMISSIONER RAY STEVENS ON BEHALF OF LANCASTER COUNTY.)

                         
PUBLIC HEARING
LIQUOR RESOLUTIONS

 1)            Application of Sunrise Coffee Company LLC dba Sunrise
               Coffee for a Class I liquor license at 1265 S. Cotner
               Blvd., Suite 10. (ADOPTED FOR DENIAL, 7-0; A-82520)

 2)            Manager application of Mark L. Seacrest for Sunrise
               Coffee Company LLC dba Sunrise Coffee at 1265 S. Cotner
               Blvd., Suite 10. (ADOPTED FOR DENIAL, 7-0; A-82521)

 3)            Application of Potamia, Inc. dba The Parthenon for a
               Class C liquor license at 5500 S. 56th Street, Suite
               100. (ADOPTED FOR APPROVAL, 7-0; A-82522)

 4)            Manager application of George J. Kazas for Potamia,
               Inc. dba The Parthenon at 5500 S. 56th Street, Suite
               100. (ADOPTED FOR APPROVAL, 7-0; A-82523)

 5)            Application of The DelRay Ballroom and Lounge dba The
               DelRay Ballroom for a Class K liquor license at 817 R
               Street. (ADOPTED FOR APPROVAL, 7-0; A-82524)

 6)            Manager application of Michael S. Galloway for The
               DelRay Ballroom and Lounge dba The DelRay Ballroom at
               817 R Street. (ADOPTED FOR APPROVAL, 7-0; A-82525) 


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEM 7 HAD 2ND READING; SEE ITEM 7) 

 7)  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. (12/22/03 - Con't. P.H. to 1/5/04)
	    (CON'T P.H. W/ ACTION ON 01/12/04, 7-0)


PUBLIC HEARING - RESOLUTIONS

 8)  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.
             (12/22/03 - Con't. P.H. to 1/5/04) 
	     (ADOPTED, 7-0; A-82526)
							 
                 - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

 9)            THE FOLLOWING WERE REFERRED TO PLANNING 
	       DEPARTMENT:
               Change of Zone 3432 - App.of Yasufuku USA Inc.
                    from H-3 Highway Commercial District to I-2
                    Industrial Park District on property at  NW
                    12th Street and W Bond Street.
               Use Permit 33C - App. of Alodium LLC for
                    approximately 155,000 square feet of office
                    floor area, with request to waive the
                    required parking, on property at Haverford
                    Drive & L Street. 
               Change of Zone 3433 - App. of Alodium LLC from R-4
                    Residential District to O-3 Office Park
                    District on property at Haverford Drive & L
                    Street.
               Special Permit 2046 - App. of Eiger Corporation
                    for planned service commercial in the H-4
                    General Commercial District to allow
                    approximately 73,200 square feet of
                    commercial floor area, with request to waive
                    sidewalks; to allow transfer of sewage
                    between drainage basins; to allow a cul-de-
                    sac grater than 1,000' in length; lot width
                    to depth ratio; lot width; setbacks; and the
                    requirement to submit a preliminary plat, on
                    property generally located at S 84th Street 
                    and Highway 2.
               Special Permit 2047 - App. of Harris-Fraley VFW
                    131 for the authority to sell alcoholic
                    beverages for consumption on the premises, on
                    property at 5721 Johanna Road. 

10)            Setting the hearing date of Monday, January 12,
               2004, at 1:30 pm for App. of Kabuki Japanese
               Restaurant Inc. dba Kabuki Japanese Restaurant for
               a Class I Liquor Licence at 5571 S. 48th Street, 
	       Suite C. (ADOPTED, 7-0; A-82527) 
               
11)            Setting the hearing date of Monday, January 12,
               2004, at 1:30 pm for App. for Shogun RK Inc. dba
               Shogun for a Class I Liquor Licence at 5520 S.
               56th Street. (ADOPTED, 7-0; A-82528)        

               
12)  MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS 

13)            Clerk's letter and Mayor's approval of ordinances 
	       and resolutions passed by council on 
	       December 22, 2003. (PLACED ON FILE) 

14)            Report from City Treasurer Telecommunication
               Occupation Tax for the month of November, 2003: D
               & D, Zone Telecom, WorldXchange, Globalcom, ATT
               Wireless, Telecorp, Affinity Network, Alltel
               Communications of NE, Alltel NE, Alltel Systems of
               the Midwest, Nextel, LDMI, Lightyear, Tri-M, GTC
               Telecom, NOS, NOSVA Limited, COMDATA, Excel,
               Vartec, Telco. (PLACED ON FILE)   

15)            Report from City Treasurer of Franchise tax for
               the month of November, 2003 from Aquila. (PLACED
               ON FILE)
               
16)            Approving the distribution of funds representing
               interest earning on short-term investments of Idle
               Funds during the month ended November 30, 2003.
               (PLACED ON FILE)

                      - END CONSENT AGENDA - 


ORDINANCES - 1ST READING (ITEMS 17-22 HAD 1ST READING)

17)  04-2      Approving a transfer of appropriations within 
	       the Parks and Recreation Capital Improvement Program 
	       Athletic Funds in the amount of $75,000 from Business 
	       Unit 409374.6138 Uni Ballfield Lighting to Business 
	       Unit 409312.6138 Ballfield Renovation to purchase Agra 
	       Lime for improved drainage to fields at Elk, Holmes, 
	       Densmore and Mahoney Parks.

18)  04-4      Change of Zone 3424 - Application of Everett
               Neighborhood Association for a change of zone from
               R-4 Residential, R-5 Residential, R-6 Residential
               and B-3 Commercial to R-2 Residential, on property
               generally located between 9th and 13th Streets,
               from Washington to South Streets.
               Fact Sheet (828K)
							 
19)  04-5      Naming the stub streets on O Street near 63rd
               Street as North 63rd Street and South 63rd Street
               and naming the stub streets on O Street near 68th
               Street as North 68th Street and South 68th Street.
               Fact Sheet (459K)
							 
20)  04-7      Amending Section 14.80.110 of the Lincoln
               Municipal Code relating to snow and ice removal to
               provide that the Sidewalk Inspector shall place a
               written notice on the front door or other
               conspicuous place on the property ordering the
               sidewalks along the same or any portion thereof to
               be cleared immediately and providing a deadline to
               complete the same of not less than twelve hours
               after posting the same.

21)  04-8      Approving a five year/5,000 hour lease-purchase
               agreement between the City and Deere Credit Inc.
               for a 90 horse power class backhoe loader for use
               by the Public Works and Utilities Water Division
               in construction and maintenance projects.
               Fact Sheet (56K)
               Attachment (278K)
							 
22)  04-9      Approving a five year/5,000 hour lease-purchase
               agreement between the City and Deere Credit Inc.
               for an articulated frame four-wheel drive motor
               grader for use by the Parks and Recreation
               Department in construction and maintenance
               projects.
               Fact Sheet (56K)
               Attachment (251K)
							 

ORDINANCES - 3RD READING

23)  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) (12/22/03 - Delayed Action to
               1/5/04) (PASSED, 7-0; #18286)
               Fact Sheet (245K)
							 
24)  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)
               (12/22/03 - Delayed Action to 1/5/04)
	       (PASSED, 7-0; #18287)
               Fact Sheet (231K)
							 
25)  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.
               (12/22/03 - Delayed Action to 1/5/04)
	       (PASSED, 7-0; #18288)	
               Fact Sheet (228K)
							 
26)  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.(12/22/03 -
               Delayed Action to 1/5/04) (PASSED, 7-0; #18289)
               Fact Sheet (234K)
							 

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 1 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 12, 2004 AT 1:30 P.M.:
                                             (APPROVED, 7-0)

38)  04R-1     Reappointing Jennifer A. Gutierrez and Nancy
               Intermill to the Lincoln-Lancaster Women's
               Commission for a two-year term expiring
               January 1, 2006.

39)  04R-2     Appointing Mardy McCullough to the Auditorium
               Advisory Board to fill an unexpired term
               expiring August 31, 2004.
               Application (84K)
							 
40)  04R-4     Accepting the report of new and pending
               claims against the City and approving
               disposition of claims set forth therein for
               the period of December 1 - 31, 2003. 
               Fact Sheet (14K)
               Attachment (32K)
							 
41)  04R-5     Special Permit 1826A - Application of Larry
               and Blanche Schwarck to increase the number
               of residents at Haven Manor, a domiciliary
               care facility, from 37 to 46, on property
               generally located at S. 56th and Linden
               Street.   
               Fact Sheet (317K)
							 
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 (1/7/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (1/12/04).

     
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 2:22 P.M.                 




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                    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
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                  on 5 City-TV, Cable Channel 5.
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 The City Council Agenda and Action Sheet may be accessed on the
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