InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
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