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Formal Agenda/Action

 

					
					
               ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                         MONDAY, AUGUST 30, 2004 AT 5:30 P.M.
                              
                NOTICE: THERE WILL BE NO COUNCIL MEETING THE WEEK OF 
                      SEPTEMBER 6TH DUE TO THE LABOR DAY HOLIDAY
                              
                              ALL MEMBERS PRESENT 
                                
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS - NONE


PUBLIC HEARING - RESOLUTIONS

1)   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)
	       (AMENDED, 5-0; ADOPTED AS AMENDED, 5-0; A-82942) 				 

2)   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.
	       (ADOPTED, 5-0; A-82943)

3)   04R-218   Reappointing Joel Gajardo and Carlos Servan to the
               Multicultural Advisory Committee for three-year
               terms expiring September 18, 2007.
	       (ADOPTED, 5-0; A-82944)

4)   04R-219   Appointing Colette M. Mast to the Multicultural
               Advisory Committee for a three-year term to expire
               September 18, 2007.
               Attachment (24K)
               (ADOPTED, 5-0; A-82945)

5)   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)
               (ADOPTED, 5-0; A-82946)

6)   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)
               (APPROVED SUBSTITUTE AGRMT., 5-0; ADOPTED, 5-0;
               A-82947)
							 
7)   04R-222   Approving the City of Lincoln Rules and
               Regulations for Living Wage Ordinance.
               Attachment (68K)
               (ADOPTED, 4-1; FRIENDT DISSENTING; A-82948)
                                 
8)   04R-223   Reappointing Terry Werner to the Utility Billing
               Check-Off Program Board for a one-year term
               expiring August 31, 2005.
               (ADOPTED, 5-0; A-82949)

9)   04R-224   Reappointing Glenn Friendt, Jonathan Cook, and Ken
               Svoboda to the Railroad Transportation Safety
               District for one-year terms expiring 
               August 31, 2005.
               (ADOPTED, 5-0; A-82949)

10)  04R-225   Reappointing Annette McRoy to the Joint Budget
               Committee for a 
               two-year term expiring August 31, 2006.
               (ADOPTED, 5-0; A-82951)

11)  04R-1977   Approving a schedule of maximum fees the City may
               charge for ambulance service.
               Fact Sheet (241K)
               Attachment (242K)
               (ADOPTED, 4-1; FRIENDT DISSENTING; A-82952)

                        - END OF PUBLIC HEARING -

CONSENT AGENDA:

PETITIONS & COMMUNICATIONS

12)  MISCELLANEOUS REFERRALS

                  Report from City Treasurer Telecommunications Occupation
                  Tax for the month of July, 2004: D & D, Telecorp.,
                  TT Wireless PCS, Nextel West,Zone, Acceris, Tri-M,
                  Association Adm., Cellular One, Norton Network                                                       Services, NOS, Lightyear, Globalcom, GTC Telecom, 
                  LDMI, Affinity Network. (PLACED ON FILE)

                  Report from City Treasurer of franchise tax from
                  Aquila.  (PLACED ON FILE)

                  Setting the hearing date of Monday, September 20, 2004
                  at 1:30 p.m. for the App. of Van Eiser, LLC dba Venue
                  for a Class "I" liquor license at 4111 Pioneer
                  Woods Drive. (ADOPTED, 5-0; A-82953)

                  Setting the hearing date of Monday, September 20, 2004
                  at 1:30 p.m. for the App. of Van Eiser, LLC dba Venue
                  for a Class "K" liquor license at 4111 Pioneer Woods 
                  Drive. (ADOPTED, 5-0; A-82954)

                  Clerk's letter and Mayor's approval of ordinances
                  & resolutions passed by Council on August 23, 2004. 
                   (PLACED ON FILE)

                  Clerk's letter and Mayor's approval of ordinances
                  & resolutions passed by Council on August 27, 2004. 
                   (PLACED ON FILE)


REPORTS OF CITY OFFICERS

13)             Request of Public Works to set a Public
                Hearing date of Monday, September 27, 2004,
                at 5:30 p.m. and place on the formal City
                Council Agenda the following:

                04-158    To provide authority to create a paving
                          district being West Benton Street, west
                          of North First Street approximately 600
                          feet +/- and assess the costs thereof
                          against the benefitted properties.
                          (APPROVED, 5-0)

14)            Approving the distribution of funds representing
               interest earnings on short-term investments of Idle
               Funds during the month ended July 31, 2004. 
               (ADOPTED, 5-0; A-82955)

                       - END CONSENT AGENDA -
                                
                                
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 15 THRU
    	24 HAD 1ST READING)  

15)  04-165    Amending the pay schedule for the employee group
               whose classifications are assigned to the pay
               range prefixed by the letter F to adjust the
               hourly pay range.
               Attachment (28K)
               Fact Sheet (35K)
							 
16)  04-156    Street and Alley Vacation 04008 - Vacating 21st
               Street between Y Street and the abandoned Missouri
               Pacific Railroad right-of-way.
               Fact Sheet (751K)

17)  04-159    Change of Zone 04040 - Application of Joyce
               Hinkley Limited Partnership for a change of zone
               from I-1 Industrial District to R-5 Residential
               District on property generally located at 58th
               Street and Colfax Avenue. (In connection w/04-
               160) (Request 2nd & 3rd
               Readings 9/13/04)
               Fact Sheet (174K)

18)  04-160    Street and Alley Vacation 04009 - Vacating the
               section of North 58th Street right-of-way between
               Colfax Avenue and the Murdock Trail. (In
               connection w/04-159) (Request 2nd
               & 3rd Readings 9/13/04)
               Fact Sheet (147K)

19)  04-161    Change of Zone 04032 - Amending Chapter 27.60 of
               the Lincoln Municipal Code relating to the Planned
               Unit Development District by revising the
               statement of intent of the Planned Unit
               Development District; by amending Section
               27.60.010 to revise the general purpose; by
               amending Section 27.60.020 to delete existing use
               regulations and to add general requirements and
               development plan requirements for planned unit
               developments; by renumbering Section 27.60.035 as
               27.60.030 and amending the same to delete existing
               requirements regarding the form of a preliminary
               plan and to add requirements for the form of a
               final planned unit development; by amending
               Section 27.60.040 to delete existing requirements
               regarding preliminary plan procedures and to add a
               process for reviewing applications for a planned
               unit development; by adding a new section numbered
               27.60.050 to provide requirements for a planned
               unit development following approval; by repealing
               Section 27.60.055 regarding final plan form; by
               repealing Section 27.60.056 regarding final plan
               procedure; by amending Section 27.60.060 to delete
               the existing language regarding amendment to
               planned unit developments and to add new
               requirements; by repealing Section 27.60.070
               regarding abandonment or failure to proceed with
               development of a planned unit development; and
               adding a new section numbered 27.60.080 to provide
               provisions regarding previously approved planned
               unit developments.
               Fact Sheet (34K)

20)  04-162    Change of Zone 04043 - Amending Title 27 of the
               Lincoln Municipal Code to allow churches as a
               permitted conditional use in the I-1, I-2 and the
               I-3 zoning districts by amending Section 27.47.020
               to delete churches from the general use
               regulations of the I-1 Industrial District;
               amending Section 27.47.035 to add churches as a
               permitted conditional use in the I-1 Industrial
               District and specifying conditions therefor;
               amending Section 27.47.040 to provide that early
               childhood care facilities and schools are not a
               permitted accessory use to a church in the I-1
               Industrial District; amending Section 27.49.020 to
               delete churches from the general use regulations
               of the I-2 Industrial Park District; amending
               Section 27.49.030 to add churches as a permitted
               conditional use in the I-2 Industrial Park
               District and specifying conditions therefor;
               amending Section 27.49.050 to provide that early
               childhood care facilities and schools are not a
               permitted accessory use to a church in the I-2
               Industrial Park District; amending Section
               27.51.040 to add churches as a permitted
               conditional use in the I-3 Employment Center
               District and specifying conditions therefor;
               amending Section 27.51.060 to provide that early
               childhood care facilities and schools are not a
               permitted accessory use to a church in the I-3
               Employment Center District.
               Fact Sheet (61K)
							 
21)  04-163    Change of Zone 04047 - Application of Jerome
               Hittner, Michael McKeeman, and Manette Kidney for
               a change of zone from AG Agricultural District and
               R-3 Residential District to O-2 Suburban Office
               District on property generally located at 84th
               Street and Old Cheney Road.
               Fact Sheet (139K)

22)  04-164    Change of Zone 04048 - Application of Wilderness
               Ridge, LLC for a change of zone from O-3 Office
               Park District to R-3 Residential District, on
               property generally located southwest of South 27th
               Street and Yankee Hill Road. (In connection
               w/04R-226, 04R-227)
               Fact Sheet (61K)

23)  04R-226   Special Permit 1692C - Application of Wilderness
               Ridge, LLC to amend the Wilderness Ridge Community
               Unit Plan to expand the Wilderness Ridge Golf
               Course to include a parking lot on property
               generally located southwest of South 27th Street
               and Yankee Hill Road. (In connection w/04-164,
               04R-227)
               Fact Sheet (332K)

24)  04R-227   Use Permit 126B - Application of Wilderness Ridge,
               LLC to amend the Wilderness Woods Office Park to
               revise the boundaries by removing the area of the
               parking lot from the use permit, with a waiver to
               reduce the rear yard setback, on property
               generally located southwest of South27th Street
               and Yankee Hill Road. (In connection w/04164,
               04R-226)
               Fact Sheet (258K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION 

25)  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)
                (ACTION DELAYED FOR TWO WEEKS TO 9/13/04, 5-0)

26)  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)
               (8/23/04 - Action Delayed to 8/30/04)
               Fact Sheet (408K)
                (ACTION DELAYED FOR TWO WEEKS TO 9/13/04, 5-0)
							 
27)  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) (8/23/04 - Action Delayed to 8/30/04)
               Fact Sheet (514K)
                (ACTION DELAYED FOR TWO WEEKS TO 9/13/04, 5-0)
							 
28) 04R-207    Directing submittal to the
               qualified electors of the City the
               approval or rejection of Ordinance
               No. 18396 and adopting the Lincoln
               Smoking Regulation Act to prohibit
               smoking in indoor public places and
               places of employment. (8/23/04 -
               Action delayed one week to 8/30/04)
               (Will be withdrawn if action is
               taken at Special Council Meeting of
               8/27/04)               (WITHDRAWN, 5-0; #38-4483)


PENDING LIST - DATE CERTAIN - NONE


PENDING LIST  (EXTENDED ONE WEEK)   

29)  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)
							  
30)  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)
							 
31)  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)
							 
32)  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)
							 
33)  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)
							 
34)  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)
							 
35)   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)
							 
36)  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)
							 
37)  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, SEPTEMBER 13, 2004 AT 1:30 P.M.:  
                                       (APPROVED, 5-0)

38)  04R-228   Comp. Plan Amendment 04020 - Amending the Mobility
               and Transportation element of the
               Lincoln/Lancaster County Comprehensive Plan, to
               upgrade existing US Highway 77/West Bypass from an
               expressway to a freeway beginning at the planned
               South Beltway interchange just south of Saltillo
               Road and ending at Interstate 80, to construct new
               interchanges at Pioneers Boulevard and Warlick
               Boulevard, to close access to US-77 at Rokeby
               Road, Yankee Hill Road and Old Cheney Road, and to
               change the future functional classification of US-
               77 from I-80 to the South Beltway interchange, the
               South Beltway and the East Beltway to freeway
               status.
               Fact Sheet (464K)

39)  04R-229   Special Permit 04004A - Application of Meyer
               Homes, Inc. to amend the Stone Bridge Creek
               Community Unit Plan to allow a deck higher than
               three feet to extend up to eight feet into the
               rear yard setback, on property generally located
               at 7310 Whitewater Lane.
               Fact Sheet (193K)

40)  04R-230   Authorizing the Mayor to execute a multi-year
               contract when funding comes from more than one
               fiscal year C.I.P. budget for Project No. 780106,
               Antelope Valley Big T, Joint Antelope Valley
               Authority (JAVA) project.
               Fact Sheet (62K)

41)  04R-231   Appeal of Alodium LLC to the Arterial Street
               Impact Fees imposed for the building located at
               6710 L Street.
  	       Approval (10K)
	       Denial (11K)
               Attachment (466K)
							 
42)  04R-232   Calling upon federal, state and local officials,
               and upon Lincoln agencies and institutions, to
               affirm and uphold civil rights and civil
               liberties.

43)  04R-233   Approving the labor contract between the City of
               Lincoln and the International Association of
               Firefighters.
               Attachment (131K)
               Fact Sheet (35K)
							 

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 (9/08/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (9/13/04).

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   5:56 P.M. 

                                 





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Internet at:
                          lincoln.ne.gov
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