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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.  


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Internet at:             lincoln.ne.gov
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