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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, JANUARY 12, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE -
(JAMES ANDERSON OF THE FINANCE DEPARTMENT IN THE CATEGORY
OF PRODUCTIVITY/ LOSS PREVENTION/ CUSTOMER RELATIONS)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of MIPFIVE, Inc. dba Mickey's Irish Pub
and Grill for a Class I (spirits, wine, beer, on-sale)
liquor license at 1550 S. Coddington, Suite P. (ADOPTED
FOR DENIAL, 6-0; FRIENDT ABSENT FOR VOTE; A-82530)
2) Manager application of
Timothy J. Murphy for MIPFIVE, Inc. dba Mickey's Irish
Pub and Grill at 1550 S. Coddington, Suite P. (ADOPTED
FOR DENIAL, 6-0; FRIENDT ABSENT FOR VOTE; A-82531)
3) Application of Kabuki Japanese Restaurant, Inc. dba
Kabuki Japanese Restaurant for a Class I (spirits,
wine, beer, on-sale) liquor license at 5571 S. 48th
Street. (ADOPTED FOR APPROVAL, 7-0; A-82532)
4) Manager application of Richard Kim for Kabuki Japanese
Restaurant, Inc. dba Kabuki Japanese Restaurant at 5571
S. 48th Street. (ADOPTED FOR APPROVAL, 7-0; A-82533)
5) Application of Shogun RK, Inc. dba Shogun for a Class I
(spirits, wine, beer, on-sale) liquor license at 5520
S. 56th Street. (ADOPTED FOR APPROVAL, 7-0; A-82534)
6) Manager application of Sun Ok Kim for Shogun RK, Inc.
dba Shogun at 5520 S. 56th Street. (ADOPTED FOR
APPROVAL, 7-0; A-82535)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 THRU 13 HAD 2ND READING)
7) 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)
8) 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.
9) 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)
10) 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)
11) 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.
12) 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)
13) 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)
PUBLIC HEARING
ORDINANCES - 3RD READING
14) 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) (1/5/04 - P.H. with Action con't. to 1/12/04)
(ACCEPTED SUBSTITUTE ORD., 7-0; DELAYED ACTION FOR
TWO WEEKS TO 1/26/04, 4-3; CAMP, FRIENDT, SVOBODA
DISSENTING)
Substitute Ordinance (94K)
PUBLIC HEARING - RESOLUTIONS
15) 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. (ADOPTED, 7-0; A-82536)
16) 04R-2 Appointing Mardy McCullough to the Auditorium
Advisory Board to fill an unexpired term
expiring August 31, 2004. (ADOPTED, 7-0; A-82537)
Application (84K)
17) 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.
(ADOPTED, 7-0; A-82538)
Fact Sheet (14K)
Attachment (32K)
18) 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. (ADOPTED, 7-0; A-82539)
Fact Sheet (317K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
19) Setting the hearing date of Monday, January 26,
2004, at 5:30 p.m. for Man. App. of David M.
Soflin for Hinky Dinky Lincoln #9 LLC dba Sunmart
#738 at 2145 S. 17th Street. (ADOPTED, 7-0; A-82540)
20) Setting the hearing date of Monday, January 26,
2004, at 5:30 p.m. for Man. App. of Marty L. Douhy
for B & R Stores Inc. dba Russ's Bishop Heights
IGA at 4200 S. 27th Street. (ADOPTED, 7-0; A-82541)
21) Setting the hearing date of Monday, February 2,
2004, at 1:30 p.m. for Man. App. of Carroll R.
Burns for Eagles Fraternal Order 147 at 500 W.
Industrial Lake Drive. (ADOPTED, 7-0; A-82542)
22) Setting the hearing date of Monday, February 2,
2004, at 1:30 p.m. for App. of Fast Break, Inc.
dba Fast Break #1 for a Class B Liquor License at
4801 Randolph Street. (ADOPTED, 7-0; A-82543)
23) Setting the hearing date of Monday, February 2,
2004, at 1:30 p.m. for App. of Ernie's FB LLC dba
Ernie's Fast Break for a Class B Liquor License at
7000 "O" Street. (ADOPTED, 7-0; A-82544)
24) MISCELLANEOUS REFERRALS
Investment of funds from December 22, 2003 thru January 2, 2004.
(ADOPTED, 7-0; A-82545)
Clerk's letter and Mayor's approval of Ordinances and Resolutions
passed by Council on January 5, 2004. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
25) Report of Lincoln Water & Wastewater System for
Recapitulation of Daily Cash Receipts for
December 2003. (PLACED ON FILE)
26) Report from City Treasurer Telecommunication
Occupation Tax for the month of July, 2003:
Cincinnati Bell; August, 2003: Cincinnati Bell;
September, 2003: Cincinnati Bell; October, 2003:
One Call Communications, Cincinnati Bell;
November, 2003: Cellular One, Touch America, Inc.,
AT&T Comm of Midwest, Trans National, ACN Comm
Services, TracZone Wireless, Qwest Comm, Cricket
Comm, Ciera Network Systems, Intellicall Operator
Services, Verizon Mobile, Verizon Long Distance,
Global Crossing Telecomm., Working Assets Funding
Service, Onstar Corp, Verizon Select Services,
Buyers United, Primus Telecomm, Liberty Wireless,
United Systems Access Telecom, IBM Global
Services, Quantum Shift Communications, Alyon
Technologies, T-Netix Telecom Services, XO Long
Distance Services, Teligent Services, Voicecom
Telcomm, Norstan Network Services, McLeodUSA
Telecomm, C III Comm. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 27 THRU 29 HAD 1ST READING)
27) 04-1 Approving a four-year Financial Consulting Service
Agreement between the City and Ameritas Investment Corp.
Fact Sheet (57K)
Attachment (490K)
28) 04-10 Street Name Change 03008 - Naming the new street
constructed as part of the A Street Overpass Project
as S.W. 1st Street, generally located at S.W. 1st
and West A Streets.
Fact Sheet (547K)
29) 04-11 Street and Alley Vacation 03012 - Vacating the east-west
alley in Block 1, Tresters Addition, from the east line
of N. 26th Street to the west line of N. 27th Street,
on property generally located at N. 27th and Y Streets.
Fact Sheet (608K)
ORDINANCES - 3RD READING - NONE
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED 1 WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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 26, 2004 AT 5:30 P.M.:
(APPROVED, 7-0)
40) 04R-6 Approving Bob's Gridiron Grille & Pigskin Pub at
4201 S. 27th Street as a Keno satellite site.
41) 04R-7 Special Permit 2043 - Application of Papke's, Inc.
for authority to sell alcoholic beverages for
consumption on the premises on property generally
located at 6112 Havelock Avenue.
Fact Sheet (621K)
42) 04R-8 Special Permit 2031 - Application of Pearle F. Finigan
to develop Finigan 2nd Addition Community Unit Plan
for four acreage residential units, including waivers
to the yard setbacks, minimum lot area, ornamental
street lighting, sidewalks, street trees, landscape
screen, and stormwater detention, on property generally
located northwest of the intersection of N. 84th Street
and Waverly Road.
Fact Sheet (828K)
43) 04R-9 Reappointing Michael Ayars and Jerry Shoecraft to the
Lincoln Electric System Administrative Board for
three-year terms expiring December 31, 2006.
44) 04R-10 Appointing Kathy Campbell to the Lincoln Electric
System Administrative Board for a three-year term
expiring December 31, 2006.
Application (176K)
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 (1/21/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (1/26/04).
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 3:28P.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