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Formal Agenda/Action

 

            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, AUGUST 16, 2004 AT 1:30 P.M.
    

                   ALL MEMBERS PRESENT; EXCEPT WERNER
                           
 
           MAYORS AWARD OF EXCELLENCE - WES NELSON OF THE PUBLIC 
      WORKS & UTILITIES DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY
         
                       
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of BCRT Inc. dba Coyote Willy to
               expand their licensed premise by an area measuring
               45' by 60' in the northeast corner of the building
               at 2137-A Cornhusker Highway making the licensed
               premise as the one story building approximately
               100' by 90'. (ADOPTED FOR APPROVAL, 6-0; A-82908)

2)             Application of Lichti Bros. Oil Co., Inc. dba
               Shell Food Mart for a Class B liquor license at
               1101 Belmont Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-82909

3)             Manager application of Timothy C. Lichti for
               Lichti Bros. Oil Co., Inc. dba Shell Food Mart at
               1101 Belmont Street. (ADOPTED FOR APPROVAL, 6-0; 
               A-82910)

4)             Application of Lichti Bros. Oil Co., Inc. dba
               Shell Food Mart for a Class B liquor license at
               6000 Havelock Ave. (ADOPTED FOR APPROVAL, 6-0; 
               A-82911)

5)             Manager application of Timothy C. Lichti for
               Lichti Bros. Oil Co., Inc. dba Shell Food Mart at
               6000 Havelock Ave. (ADOPTED FOR APPROVAL, 6-0; 
               A-82912)

6)             Manager application of Geoffrey M. Webb for
               Barry Good Inc. dba Barry's Bar & Grill at
               235 N. 9th Street. (ADOPTED FOR APPROVAL, 5-1; 
               DISSENTING: COOK; A-82913)   


PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 7 THRU 9 HAD 2ND READING)

7)   04-153    Authorizing the transfer of unspent and
               unencumbered appropriations and cash within the
               Public Works & Utilities Department between
               certain capital improvements projects within the
               Water Revenue Fund, Sanitary Sewer Construction
               Fund, Storm Sewer Bond Fund, Landfill Revenue
               Fund, Street Construction, and Parking Fund.
               Fact Sheet (54K)
							 
8)   04-154    Amending Section 8.20.230 of the Lincoln Municipal
               Code to increase the permit fee for Level II Food
               Handler and Level II Approved Inservice Food
               Handler and to establish a permit fee for Level
               III Approved Inservice Food Handler.
               Fact Sheet (46K)
							 
9)   04-155    Amending Chapter 24.01 of the Lincoln Municipal
               Code to change the definition of Director to refer
               to the Director of Building and Safety, to
               increase the schedule of fees, and to impose a
               minimum fine for violating the provisions of this
               Chapter.
               Fact Sheet (50K)
							 

PUBLIC HEARING - RESOLUTIONS

10)            Application of St. Patrick School at 4142 N. 61st
               Street to conduct a raffle within the City of
               Lincoln from the date of the permit  through 
               November 18, 2004. (ADOPTED, 6-0; A-82914)
               Attachment (161K)

11)  04R-198   Reappointing Jan Gauger to the Lincoln Housing
               Authority Board for a five-year term expiring 
               July 1, 2009. (ADOPTED, 6-0; A-82915)

12)  04R-199   Special Permit 04033 - Application of Sterling
               Hills LLC to develop Sterling Hills Community Unit
               Plan for 119 dwelling units with requested waivers
               of the Land Subdivision Ordinance and Zoning Code
               to waive preliminary plat process, to allow
               sanitary sewer to flow opposite street grades, to
               allow lots to exceed the maximum lot width to
               depth ratio, to allow lot lines not at right
               angles to the street, to allow adjustments to the
               front, side and rear yard setbacks, to adjust the
               minimum lot area, to reduce the required roadway
               width from 27' to 23', and to allow sidewalks
               behind the homes as opposed to along the street,
               on property generally located northwest of South
               37th Street and Yankee Hill Road. (AMENDED, 
               6-0; ADOPTED AS AMENDED, 6-0; A-82916)
               Fact Sheet (502K)
							 
13)  04R-200   Use Permit 04002 - Application of Cameron
               Corporation to develop 112 dwelling units and two
               outlots in the O-3 Office Park District with
               requested waivers of the Land Subdivision
               Ordinance and Zoning Code to waive front, side and
               rear yard setbacks, location of sanitary sewer
               main, location of water main, lot depth to width
               ratio, to allow sanitary sewer flowing opposite
               street grades, and to waive the preliminary plat
               process, on property generally located at W.
               Fletcher Avenue and N.W. 12th/13th Streets.
               (PUB. HEARING & ACTION CON'T FOR 1 WEEK 
               TO 8/23/04, 6-0)
               Fact Sheet (754K)
							 
14)  04R-201   Declaring an area generally bounded by M Street on
               the south, 48th Street on the west, R Street on
               the north, and 52nd Street on the east as blighted
               and substandard. (PUB. HEARING & ACTION CON'T FOR 
               1 WEEK TO 8/23/04, 6-0)
               Fact Sheet (619K)
							 
15)  04R-202   Approving an Interlocal Agreement between the City
               of Lincoln Aging Services and Polk County to
               provide planning and coordination of services for
               the development, management, and operation of the
               County's aging programs, and for information and
               referral services of older citizens within Polk
               County. (ADOPTED, 6-0; A-82917)
               Fact Sheet (43K)
               Attachement (761K)
							 
16)  04R-203   Reappointing Jonathan Cook to the Public Building
               Commission for a three-year term expiring 
               August 1, 2007. (ADOPTED, 6-0; A-82918)

17)  04R-205   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth therein for the period of 
               July 16 - 31, 2004. (ADOPTED, 6-0; A-82919)
               Fact Sheet (13K)
               Attachment (31K)
							  
18)  04R-206   Approving a labor contract between the City of
               Lincoln and the Lincoln Police Union effective
               August 12, 2004. (ADOPTED, 6-0; A-82920)
               Fact Sheet (136K)
               Attachment (107K)
							 

PUBLIC HEARING
ORDINANCES - 3RD READING

19)  04-149    Street & Alley Vacation No. 04004 - Vacating South
               6th Street between the south line of the
               Burlington Northern Santa Fe Railroad right-of-way
               and the north line of the east/west alley between
               M and L Street, generally located at 6th and M Streets. 
               (8/9/04 - Public Hearing Continued w/Action to 8/16/04) 
               (PASSED, 6-0; #18425)
               Fact Sheet (164K)
							 

IMPACT FEE APPEAL  

20) 04R-215    Appeal of Impact Fee Determination on behalf of 
               Berean Fundamental Church of Lincoln, Nebraska, 
               covering Building Permit Application No. B0401352, 
               on property located at 6400 South 70th St. 
               (ADOPTED FOR DENIAL, 6-0; A-82921)
               Fact Sheet (57K)
               Attachment (183K)
							 
                      - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE

21)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions 
               and Ordinances passed by the City Council on 
               August 9, 2004. (PLACED ON FILE)
	
               Investments of Funds for the week of July 26 thru 
               August 6, 2004. (ADOPTED, 6-0; A-82922)

               Report of UNL Microbiologist for water testing for 
               the month of July, 2004. (PLACED ON FILE)

               Report from City Treasurer Telecommunications 
               Occupation Tax for the month of April thru 
               June, 2004: American Farm Bureau Inc, GE Business 
               Produtions Solutions; June, 2004: One Call 
               Communications, Nebraska Technology & Telecomm Inc, 
               Shaffer Communications Inc, Liberty Wireless, Network 
               Billing Systems, United Systems Access Telecom, T-Netix 
               Telecom Services, Quantum Shift Comm, IBM Global Services; 
               July, 2004: ATS Mobile Telephone Co Inc. (PLACED ON FILE)


REPORTS OF CITY OFFICERS

22)            Clerk's Letter and Mayor's Approval of Resolutions
               and Ordinances passed by the City Council on
               August 2, 2004. (PLACED ON FILE)

                           - END CONSENT AGENDA -
                                
                                
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 23 THRU 25 HAD 1ST READING)

23)   04-157   Change of Zone 04017 - Application of Glen
               Herbert for a change of zone from AGR
               Agricultural Residential to R-3 Residential
               on property generally located at S. 84th
               Street and Pine Lake Road. (In connection
               w/04R-212, 04R-213)

24)  04R-212   Special Permit 04011 - Application of Glen 
               Herbert to develop Boulder Ridge Community Unit 
               Plan for 189 single family units, 48 single family 
               attached units, 224 multiple family units, and an
               additional 240 unassigned units on property 
               generally located at S. 84th Street and Pine 
               Lake Road. (In connection w/04-157, 04R-213)
               Fact Sheet (408K)
							 
25)  04R-213   Appeal of Glen Herbert from the Planning
               Commission conditional approval of Boulder Ridge
               Preliminary Plat, condition 1.1.14 requiring
               corrections to the preliminary plat in accordance
               with the Public Works and Utilities Department
               memo, on property located at S. 84th Street and
               Pine Lake Road. (In connection w/04-157, 04R-212)
               Fact Sheet (514K)
							 

ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

26)  04R-192   Authorizing the acceptance of the donation of one
               piece of artwork for inclusion in the City's
               public art collection and for display on public
               property. (8/9/04 - Action Delayed 1 Week to
               8/16/04) (ADOPTED, 4-2; DISSENTING: MCROY & NEWMAN; 
               A-82923)
               Fact Sheet (42K)
							 
27)  04-150    Miscellaneous No. 04006 - Vacating a portion of
               the plat of Riverside Addition, a portion of the
               plat of Halters Subdivision, Lot 60 I.T., and all
               of the previously vacated street and alley rights-
               of-way adjacent thereto, located along Salt Creek,
               north of Military Road. (North 14th and
               Virginia Streets) (PASSED, 6-0; #18426)
               Fact Sheet (130K)
							 
28)  04-151    Change of Zone 04035 - Application of Madonna
               Rehabilitation Hospital for a change of zone from
               R-4 Residential District to O-3 Office Park
               District on property generally located at S. 56th
               Street and Pine Lake Road. (In connection
               w/04R-193, 04R-194, 04-152) (PASSED, 6-0; #18427)
               Fact Sheet
							 
29)  04R-193   Special Permit 1713C - Application of Madonna
               Rehabilitation Hospital to amend the Aspen 3rd
               Addition Community Unit Plan to permit 67 dwelling
               units, with a requested waiver of the preliminary
               plat process, on property generally located at S.
               56th Street and Pine Lake Road. (In connection
               w/04-151, 04R-194, 04-152) (8/9/04 - Action
               Delayed to 8/16/04) (ADOPTED, 6-0; A-82924)
               Fact Sheet (501K)
							  
30)  04R-194   Use Permit 04001 - Application of Madonna
               Rehabilitation Hospital to permit a 110,000 sq.
               ft. medical/office building, on property generally
               located at S. 56th Street and Pine Lake Road.
               (In connection w/04-151, 04R-193, 04-152) 
               (8/9/04 - Action Delayed to 8/16/04) 
               (ADOPTED, 6-0; A-82925)
               Fact Sheet (592K)
							  
31)  04-152    Vacation 04005 - Vacating Allen Road from the west
               line of Stephanie Lane west to a point approximately 
               565 l.f. along the centerline of Allen Road, generally 
               located at Pine Lake Road and Stephanie Lane. 
               (In connection w/04-151, 04R-193, 04R-194) 
               (PASSED, 6-0; #18428)
               Fact Sheet (250K)
							 

PENDING LIST - DATE CERTAIN 

32)  04R-204   Approving appropriations in the amount of $38,800 
               from the operation of Keno lottery funds for various 
               human services.(8/9/04 - Delay Public Hearing & 
               Vote to 8/23/04)
               Attachment (37K)


PENDING LIST (EXTENDED ONE WEEK) 

33)   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)
							 
34)  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)
							 
35)  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)
							 
36)  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)
							 
37)  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)
							 
38)  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)
							 
39)   04-13    Change of Zone 3429 - Application of William Krein for a 
               change of zone from R-4 Residential District to R-T
               Residential Transition District on property generally 
               located at S. 5th Street and Pine Lake Road. 
               (2/2/04 - Public Hearing & Action con't to 3/1/04) 
               (3/1/04 - Placed on Pending)
               Fact Sheet (825K)
							 
40)  04R-12    Special Permit 1713B - Application of William
               Krein to amend the boundaries of Aspen
               3rd Addition Community Unit Plan and add
               ten residential lots for a total of 205 single
               family, townhouse, and multi-family units on
               property generally located at S. 56th Street 
               and Pine Lake Road. (In connection w/04R-13, 
               04-13) (2/2/04 - P.H. & Action con't. to 3/1/04) 
               (3/1/04 - Placed on Pending)
               Fact Sheet (785K)
							 
41)  04R-13    Use Permit 155 - Application of William Krein to
               construct nine 5,000 sq. ft. office buildings on
               property generally located at S. 56th Street and
               Pine Lake Road. (In connection w/04R-12, 04-13)
               (2/2/04 - P.H. & Action Con't. to 3/1/04)
               (3/1/04 - Placed on Pending)
               Fact Sheet (762K)
							 

WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC 
        HEARING ON MONDAY, AUGUST 23, 2004 AT 1:30 P.M.:           
                                                  (APPROVED, 6-0) 

42)  04R-207   Directing submittal to the qualified electors of
               the City the approval or rejection of Ordinance
               No. 18396 adopting the Lincoln Smoking Regulation
               Act  to prohibit smoking in indoor public places
               and places of employment.

43)  04R-208   Reappointing Laurie Lage, Blanca Ramirez-Salazar,
               Mark Koller, and Jeff Gorgen to the Community
               Development Task Force for a three-year term
               expiring August 31, 2007.

44)  04R-209   Reappointing Richard Noble and Jim Johnson to the
               Cable Advisory Board for a three-year term
               expiring July 1, 2007.

45)  04R-210   Reappointing Amy Tiemann-Tipton and Sharon Wherry
               to the Auditorium Advisory Board for three-year
               terms expiring August 31, 2007.

46)  04R-214   Approving a Landscape Maintenance Services
               Agreement between the City and Northridge Heights
               Partners to allow more landscaping to be planted
               in three medians in Fletcher Avenue between N.
               28th Street and Ridge Park Drive. 
               Fact Sheet (408K)
               Attachment (409K)

47)  04R-211   Adopting the City of Lincoln 2004-2005 Annual
               Operating Budget and Capital Improvement Program
               for Fiscal Year 2004/05 - 2009/10.


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 (8/18/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (8/23/04).


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 4:33 P.M.


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The City Council Agenda and Action Sheet may be accessed on the
Internet at:             lincoln.ne.gov
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