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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 24, 2004 AT 5:30 P.M.
MAY 31, 2004 - NO MEETING DUE TO MEMORIAL DAY HOLIDAY
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Lincoln Wings L.L.C. dba Hooter's
for a special designated license to cover an area
measuring approximately 96 feet by 66 feet to the
north at 6811 O Street on June 12, 2004 from 11:00
a.m. to 9:00 p.m.(ADOPTED FOR APPROVAL, 7-0; A-82768)
2) Application of B&B-Q Inc. dba Cheerleaders Bar &
Grill for a special designated license to cover an
area measuring approximately 90 feet by 55 feet to
the north at 5560 South 48th Street on June 5,
2004 from 10:00 a.m. to 9:00 p.m. (ADOPTED FOR
APPROVAL, 7-0; A-82769)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 3 THRU 8 HAD 2ND READING; SEE ITEM 8)
3) 04-83 Creating Grading District No. 152 in
the north/south alley N. 58th Street to
Touzalin Ave., Gladstone to Judson
Street and assessing the costs thereof
against the benefitted properties.
Attachment (600K)
Fact Sheet (58K)
4) 04-84 Creating Graveling District No. 341 in the
north/south alley N. 58th Street to Touzalin
Ave., Gladstone to Judson Street and
assessing the costs thereof against the
benefitted properties.
Fact Sheet (59K)
5) 04-85 Creating Water District No. 1193 in Oaks
Hollow Lane, Stevens Ridge Estates and
assessing the costs thereof against the
benefitted properties.
Attachment (924K)
Fact Sheet (58K)
6) 04-86 Creating Paving District No. 2628 in North
36th Street, Vine to W Streets and assessing
the costs thereof against the benefitted
properties.
Attachment (887K)
Fact Sheet (58K)
7) 04-102 Renaming Upton Gray Lane to Upton Grey Lane
generally located at S. 56th Street and Pine Lake
Road to correct the spelling of said street.
Fact Sheet (114K)
8) 04-92 Approving revisions to the Lincoln Smokefree
Air Act. (5/10/04 - To have Public Hearing
& 2nd Reading 5-24-04)(Request to continue Public
Hearing to 6/7/04)(Substitute Ordinance)
(PUBLIC HEARING CONT'D. W/ACTION TO 6/14/04, 7-0)
PUBLIC HEARING - RESOLUTIONS
9) 04R-93 Ordering Paving Unit No. 138
constructed in North 57th Street between
Fremont and Hartley Street and assessing
the costs thereof against the benefitted properties.
Attachment (618K)
Fact Sheet (53K)
(LOST, 0-7; #38-4474)
10) 04R-112 Ordering Alley Paving District No. 362A
constructed in the east/west alley, 48th to 49th
Streets, Lowell to Meredeth Streets.
Attachment (470K)
Fact Sheet (55K)
(PLACED ON PENDING DATE CERTAIN TO 6/7/04 FOR
ACTION ONLY, 7-0)
11) 04R-113 Approving a Cooperative Agreement between the City
of Lincoln and the Lower Platte South NRD for the
management of the King Saline Wetland Site located
in a portion of the NW 1/4 of Section 31-11-7 and
a portion of the S ½ of Section 30-11-7 .
Attachment (113K)
Fact Sheet (32K)
(ADOPTED, 7-0; A-82770)
12) 04R-114 Approving the Proposed Best Management Practice
(BMP) and Dry Weather Storm Drainage Assessment:
Phase II to monitor urban water quality
Attachment (421K)
Fact Sheet (58K)
(ADOPTED, 7-0; A-82771)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
13) Report on Design Public Hearing - West Bypass,
Saltillo & Pioneers, NH-77-2(156), C.N. 12552A,
held April 14, 2004. Received from State
Department of Roads. (PLACED ON FILE)
14) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the
City Council on May 17, 2004. (PLACED ON FILE)
Investment of Funds for the week of May 10
thru May 14, 2004.(ADOPTED, 7-0; A-82772)
Setting the hearing date of Monday, June 14, 2004
at 1:30 pm for an Application of American Drug
Stores dba "Osco Drug #5246" for a Class "C" liquor
license at 130-B N. 66th Street.
ADOPTED, 7-0; A-82773)
Setting the hearing date of Monday, June 14, 2004
at 1:30 p.m. for an Application of American Drug
Stores dba "Osco #5218" for a Class "C" liquor
license at 5500 S. 56th Street.
(ADOPTED, 7-0; A-82774)
REPORTS OF CITY OFFICERS
15) Report of Lincoln Electric System 2003 Annual
Financial Report. (PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 16 THRU 19 HAD 1ST READING)
16) 04-94 Annexation No. 04005 and 04008 -
Amending the Lincoln Corporate Limits
Map by annexing approximately 17
residences, the Southwest Rural Fire
District and the Yankee Hill School, on
property generally located near South
Folsom Street and West Calvert Street.
Fact Sheet (774K)
17) 04-103 Amending Chapter 14.50 of the Lincoln Municipal
Code governing sidewalk cafes to streamline the
application process, to clarify the types of
establishments eligible and the number of patrons
to be served by a sidewalk caf‚.
18) 04-105 Amending Chapter 14.55 of the Lincoln Municipal
Code governing sidewalk vendors to streamline the
application process and to expand the definition
and areas served by vendor carts.
19) 04-104 Approving a Land Exchange Agreement between
the City and Ridge Development Company and
Southview, Inc. for portions of property near
Big Thompson Creek Addition generally located
at S. 56th Street north of Yankee Hill Road
for a future fire station site.
Attachment (829K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
20) 04-95 Annexation 02012 Wilderness Hills -
Amending the Lincoln Corporate
Limits Map by annexing
approximately 91.98 acres generally
located southeast of the
intersection of South 27th Street
and Yankee Hill Road. (In
connection w/04-96, 04R-107, 04R-
108, 04R-109)
Fact Sheet (357K)
(ACTION DELAYED FOR TWO WEEKS TO 6/7/04,
7-0)
21) 04-96 Change of Zone 3423 - Application of Gerald
Maddox for a change of zone from AG
Agricultural District to R-3 Residential
District, R-5 Residential District, O-3
Office Park District, and B-2 Planned
Neighborhood Business District, on property
generally located southeast of the
intersection of South 27th Street and Yankee
Hill Road. (In connection w/04-95, 04R-107,
04R-108, 04R-109)
Fact Sheet (598K)
(ACTION DELAYED FOR TWO WEEKS TO 6/7/04, 7-0)
22) 04R-107 Approving the Wilderness Hills Conditional
Annexation and Zoning Agreement between the City
of Lincoln and Lincoln Federal Bancorp, Inc.
outlining certain conditions and understandings
with regards to the annexation of property
generally located southeast of the intersection of
South 27th Street and Yankee Hill Road. (In
connection w/ 04-95, 04-96, 04R-108, 04R-
109)(5/17/04 - Action Delayed to 5/24/04)
Attachment (93K)
(ACTION DELAYED FOR TWO WEEKS TO 6/7/04, 7-0)
23) 04R-108 Special Permit 1999 - Application of Gerald Maddox
to develop Wilderness Hill Community Unit Plan
consisting of 640 single family, townhouse, and
multi-family dwelling units, with waivers to the
preliminary plat process, landscaping in traffic
circles and medians, front yard setbacks, rear
yard setbacks, minimum lot area and width,
building height, and sanitary sewer design
standards, on property generally located southeast
of the intersection of South 27th Street and
Yankee Hill Road.(In connection w/04-95, 04-96,
04R-107, 04R-109) (5/17/04 - Action Delayed to
5/24/04)
Fact Sheet (739K)
(ACTION DELAYED FOR TWO WEEKS TO 6/7/04, 7-0)
24) 04R-109 Use Permit 154 - Application of Gerald
Maddox to develop 495,000 sq. ft. of
office and commercial floor area, with
waivers to the preliminary plat process,
landscaping in traffic circles and
medians, front yard setbacks, rear yard
setbacks, minimum lot area and width,
building height, and sanitary sewer
design standards, on property generally
located southeast of the intersection of
South 27th> and Yankee Hill Road.
(In connection w/04-95, 04-96,
04R-107, 04R-108) (5/17/04 -
Action Delayed to 5/24/04)
Fact Sheet (732K)
(ACTION DELAYED FOR TWO WEEKS TO 6/7/04,
7-0)
25) 04-98 Change of Zone 04025 - Amending Section
27.71.120 of the Lincoln Municipal Code to
allow temporary concrete paving plants.
Fact Sheet (200K)
(PASSED, 7-0; #18369)
26) 04-99 Change of Zone 04026 - Application of the
Country Club and Irvingdale Neighborhood
Associations for a change of zone from R-4
Residential District to R-2 Residential
District on property generally located
between 17th and 30th Streets from South
Street to Woodcrest Street.
Fact Sheet (1007K)
(AMENDMENT #1, 7-0; AMENDMENT #2, 7-0;
PASSED AS AMENDED, 7-0; #18370)
27) 04-100 Amending Section 9.20.080 of the Lincoln Municipal
Code regarding panhandling by providing a more
specific definition of the offense including but
not limited to the time, place and manner of the
acts prohibited by said ordinance.
Fact Sheet (14K)
(PASSED, 7-0; #18371)
28) 04-101 Approving a lease agreement between the Lincoln-
Lancaster County Health Department and the Lincoln
Medical Education Partnership for the WIC Program
for a three-year period at 4600 Valley Road.
Attachment (204K)
Fact Sheet (46K)
(PASSED,7-0; #18372)
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, JUNE 7, 2004 AT 1:30 P.M.:
(APPROVED, 7-0; SEE ITEM #46)
38) 04R-115 Approving a multi-year contract with funding from
more than one fiscal CIP budget year between the
City and the State for 84th Street Widening from
Cheney Ridge to Kathy Lane, City Project 700777,
State Project STPAA-5249(5), CN 12338A.
Fact Sheet (61K)
39) 04R-116 Use Permit No. 123B - Application of North 33rd
LLC to amend Landmark Corporate Center to adjust
the front yard setback from 50' to 15' for the
location of one ground sign per lot, and to waive
the required 30' maximum setback from building pad
site to ground sign, on property generally located
at N. 33rd Street and Superior Street.
Fact Sheet (199K)
40) 04R-117 Waiver No. 04007 - Waiving the subdivision
requirements for sidewalks, street trees, street
improvements, and dedication of additional right-
of-way associated with Wenzl Final Plat 04033,
generally located at North 48th Street and Doris
Bair Circle.
Fact Sheet (225K)
41) 04R-118 Approving the Fiscal Year 2004 Action Plan: One
Year Use of Funds for Consolidated Plan for HUD
Entitlement Programs.
Fact Sheet (1.14M)
42) 04R-119 Comprehensive Plan Amendment No. 04001 - Amending
the 2025 Lincoln City - Lancaster County
Comprehensive Plan by adopting the North 48th
Street/University Place Plan; Neighborhood
Revitalization and Transportation Analysis, 2004,
as an approved subarea plan, on property generally
located between N. 46th and N. 56th Streets from
Francis Street north to Adams Street.
Fact Sheet (680K)
43) 04R-120 Amending Resolution No. A-77862, adopted January
13, 1997, accepting and approving St. Elizabeth
Community Center Use Permit No. 95 to correct the
required front yard setbacks along North 26th
Street and Kensington Drive.
Fact Sheet (15K)
Attachment (349K)
44) 04R-121 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of May 1 -
15, 2004.
Fact Sheet (15K)
Attachment (28K)
45) 04R-122 Approving a multi-year contract with funding from
more than one fiscal CIP budget year for Sidewalk
Repair Project 701801 for Near South, 13th to 21st
Streets, South to A Streets, and Downtown Business
District, 7th to 17th Streets, M to R Streets.
Fact Sheet (60K)
46) 04R-123 Approving an Interlocal Agreement between the City
and Southeast Community College to provide payment
for a portion of the renovation of a burn tower in
the amount of $15,000.00 such that the City of
Lincoln Fire and Rescue can conduct live burns for
purposes of fire suppression training, and to
establish an annual maintenance fee to be paid by
the City to Southeast Community College for
repairs to the burn tower in the future.
(WITHDRAWN, 7-0; #38-4475)
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 (6/2/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (6/07/04).
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 7:47 P.M.
UPCOMING CITY COUNCIL MEETING SCHEDULE
MAY 31, 2004 - NO MEETING DUE TO MEMORIAL DAY HOLIDAY
***
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