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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 23, 2004 AT 1:30 P.M.
NOTICE: THERE WILL BE NO COUNCIL MEETING THE WEEK
OF SEPTEMBER 6TH DUE TO THE LABOR DAY HOLIDAY
ALL MEMBERS PRESENT
PRESENTATION BY LINCOLN POLICE DEPARTMENT 2004
LOCAL LAW ENFORCEMENT BLOCK GRANT
(Public Comments Welcomed) - (Ass't. Police Chief Peschong
came forward to state this block grant would be used for
multi-data computers in the patrol cars.)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Gateau Enterprises, LLC dba
The Green Gateau Caf‚ & Patisserie for a
Class J liquor license at 330 S. 10th Street.
(ADOPTED FOR APPROVAL, 7-0; A-82926)
2) Manager application of Eric A. Lemke for Gateau
Enterprises, LLC dba The Green Gateau Caf‚ &
Patisserie at 330 S. 10th Street. (ADOPTED FOR
APPROVAL, 7-0; A-82927)
3) Application of Gateau Enterprises, LLC dba Windsor
Stables Reception Centre for a Class I liquor
license at 1024 L Street. (ADOPTED FOR APPROVAL, 7-0;
A-82928)
4) Manager application of Eric A. Lemke for Gateau
Enterprises, LLC dba Windsor Stables Reception
Centre at 1024 L Street. (ADOPTED FOR APPROVAL, 7-0;
A-82929)
5) Application of Arturo's Inc. dba Arturo's
Restaurante & Cantina for a liquor catering
license at 803 Q Street, #150. (ADOPTED FOR
APPROVAL, 7-0;A-82930)
6) Application of Remlo Enterprises, LLC dba
Hepburn's Ville Grille & Pub for a Class J liquor
license at 2701 N. 48th Street, #4. (ADOPTED FOR
APPROVAL, 7-0; A-82931)
7) Manager application of Kayla J. Olmer for Remlo
Enterprises, LLC dba Hepburn's Ville Grille & Pub
at 2701 N. 48th Street, #4.(ADOPTED FOR APPROVAL,
7-0; A-82932)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 8 THRU 10 HAD 2ND
READING; SEE ITEMS 9 & 10
8) 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)
9) 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)
(ACTION DELAYED ONE WEEK TO 8/30/04, 7-0)
10) 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)
(ACTION DELAYED ONE WEEK TO 8/30/04, 7-0)
PUBLIC HEARING - RESOLUTIONS
11) 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.
(8/16/04 - Con't. Public Hearing w/Action to
8/23/04)
Fact Sheet (754K)
(AMENDED, 7-0; LOST, 2-5; CAMP, SVOBODA ASSENTING;
#38-4482)
12) 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. (8/16/04 - Con't. Public
Hearing w/Action to 8/23/04)
Fact Sheet (619K)
(ADOPTED, 4-3; CAMP, FRIENDT, SVOBODA DISSENTING;
A-82933)
13) 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 & Action to 8/23/04)
Attachment (37K)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82934)
14) 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. (ACTION DELAYED ONE WEEK
TO 8/30/04, 4-3; CAMP, SVOBODA, WERNER DISSENTING)
15) 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.
(ADOPTED, 7-0; A-82935)
16) 04R-209 Reappointing Richard Noble and Jim Johnson to the
Cable Advisory Board for a three-year term
expiring July 1, 2007.(ADOPTED, 7-0; A-82936)
17) 04R-210 Reappointing Amy Tiemann-Tipton and Sharon Wherry
to the Auditorium Advisory Board for three-year
terms expiring August 31, 2007.
(ADOPTED, 7-0; A-82937)
18) 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)
(ADOPTED, 7-0; A-82938)
19) 04R-211 Adopting the City of Lincoln 2004-2005 Annual
Operating Budget and Capital Improvement Program
for Fiscal Year 2004/05 - 2009/10.
(APPROVE SUB. RESOLUTION, 7-0; ADOPTED, 5-2;
CAMP, FRIENDT DISSENTING; A-82939)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
20) MISCELLANEOUS REFERRALS
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 04054 - App. Mark Hunzeker and
Shanna Cole from R-5 to I-1 on property at
N. 66th & Vine Street
Special Permit 1654B - App. of Ross Parde an
amendment to the Pine Lake Heights Community
Unit Plan to reduce the rear yard setback on
property located at 3500 Pela Verde Circle.
REPORTS OF CITY OFFICERS
21) Investment of funds for the week of August 9
thru August 13, 2004. (ADOPTED, 7-0; A-82940)
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on August 16,
2004. (PLACED ON FILE)
Report from City Treasurer Telecommunications Occupation
Tax for the month of April thru June, 2004: Accessline Comm.,;
July, 2004: Sprint Spectrum, Vartec, Nextel, Excel, Nosva.
(PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING - NONE
ORDINANCES - 3RD READING
22) 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)
(PASSED, 7-0; #18429)
23) 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)
(PASSED, 7-0; #18430)
24) 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)
(PASSED, 7-0; #18431)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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. 56th 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)
32) 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)
33) 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 30, 2004 AT 5:30 P.M.:
(APPROVED, 7-0)
34) 04R-216 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
August 1 - 15, 2004.
Fact Sheet (13K)
Attachment (31K)
35) 04R-217 Reappointing D. Bert Harris, Gerald Schleich,
Helen G. Meeks, Marilyn McNabb, and Jose J. Soto
to the Charter Revision Commission for four-year
terms expiring July 15, 2007.
36) 04R-218 Reappointing Joel Gajardo and Carlos Servan to the
Multicultural Advisory Committee for three-year
terms expiring September 18, 2007.
37) 04R-219 Appointing Colette M. Mast to the Multicultural
Advisory Committee for a three-year term to expire
September 18, 2007.
Attachment (24K)
38) 04R-220 Appointing Daniel L. Anderson and Dr. Chuck
Erickson to the Community Health Endowment Board
of Trustees for three-year terms expiring
September 1, 2007.
Attachment (195K)
39) 04R-221 Approving an Interlocal Agreement between the City
of Lincoln and the Village of Malcolm for the
operation of a Keno lottery in Malcolm.
Attachment (89K)
40) 04R-222 Approving the City of Lincoln Rules and
Regulations for Living Wage Ordinance.
Attachment (68K)
41) 04R-223 Reappointing Terry Werner to the Utility Billing
Check-Off Program Board for a one-year term
expiring August 31, 2005.
42) 04R-224 Reappointing Glenn Friendt, Jonathan Cook, and Ken
Svoboda to the Railroad Transportation Safety
District for one-year terms expiring
August 31, 2005.
43) 04R-225 Reappointing Annette McRoy to the Joint Budget
Committee for a two-year term expiring
August 31, 2006.
44) 04R-197 Approving a schedule of maximum fees the City may
charge for ambulance service.
Fact Sheet (241K)
Attachment (242K)
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 (8/25/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (8/30/04).
Gary Kelsch Discussion of his plans on bringing new
jobs into Lincoln over next several years.
(DID NOT APPEAR BEFORE THE CITY COUNCIL.)
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 6:20 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: lincoln.ne.gov
***
City Council