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City of Lincoln City Council Office 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.
***
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:
http://www.lincoln.ne.gov
***
City Council