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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.




                               ***

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         The City Council Agenda and Action Sheet may be 
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