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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
HELD MONDAY, JUNE 14, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of American Drug Stores, Inc. dba Osco
Drug #5246 for a Class C liquor license at 130-B
N. 66th Street. (ADOPTED SUBSTITUTE RESOLUTION FOR
APPROVAL, 7-0; A-82794)
2) Manager application of Don D. Westerlin
for American Drug Stores, Inc. dba Osco Drug #5246 at
130-B N. 66th Street. (ADOPTED FOR APPROVAL, 7-0;
A-82795)
3) Application of American Drug Stores, Inc. dba Osco
Drug #5218 for a Class C liquor license at 5500 S.
56th Street. (ADOPTED SUBSTITUTE RESOLUTION FOR
APPROVAL, 7-0; A-82796)
4) Manager application of Don D. Westerlin
for American Drug Stores, Inc. dba Osco Drug #5218 at
5500 S. 56th Street. (ADOPTED FOR APPROVAL, 7-0;
A-82797)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS (ITEMS 5 THRU 11,
13 & 14, 16 & 17 HAD 2ND READING; SEE ITEM #17)
5) 04-106 Street & Alley Vacation 03020 - Vacating
the east-west alley between South Street and Saylor Street,
west of 55th Street.
Fact Sheet (159K)
6) 04-107 Amending the pay schedule for a certain
employee group prefixed by the letter M by changing the pay
range for Community Health Services Manager.
7) 04-108 Amending the pay schedule for a certain employee
group prefixed by the letter A by changing the job
classification of Water Service Worker III to
Water Service Supervisor and to amend the pay
range of Water Meter Shop Supervisor.
8) 04-109 Amending the pay schedule for a certain employee
group prefixed by the letter E by creating the job
classification of Ombudsman.
9) 04-110 Change of Zone 04028 - Application of the Urban
Development Department to create a special sign
overlay district within the B-4 Lincoln Center
Business District on property generally located
between O and P Streets and North 11th and North
12th Streets.
Fact Sheet (626K)
Attachment (8K)
10) 04-111 Change of Zone 04029 - Application of Sanitary and
Improvement District No. 6 for a change of zone
from AG Agricultural to H-3 Highway Commercial and
from R-1 Residential and H-3 Highway Commercial to
R-1 Residential on property generally located at
N.W. 84th Street/S.W. 84th Street and West O
Street.
Fact Sheet (404K)
11) 04-112 Change of Zone 04033 - Application of St.
Elizabeth Community Health Center for a change of
zone from O-3 Office Park District to B-2 Planned
Neighborhood Business District on property
generally located south of Kensington Drive and
west of N. 26th Street. (In connection
w/04R-127)
Fact Sheet (249K)
12) 04R-127 Use Permit 94B - Application of St. Elizabeth
Community Health Center to increase the boundary
of the existing Use Permit to allow a total of
47,000 sq. ft. of floor area and a reduction in
the front yard setback along N. 26th Street from
50 feet to 20 feet, on property generally located
south of Kensington Drive and west of N. 26th
Street. (In connection w/04-112)
Fact Sheet (429K)
13) 04-113 Annexation No. 04006 - Amending the Lincoln
Corporate Limits Map by annexing approximately
3.979 acres of property generally located at South
84th Street and Norval Road. (In connection
w/04-114, 04R-142) (Substitute Ordinance)
Fact Sheet (154K)
Substitute (23K)
14) 04-114 Change of Zone 04010 - Application of Ron Tonniges
for a change of zone from AG Agricultural to R-1
Residential on property generally located at S.
84th Street and Norval Road. (In connection
w/04-113, 04R-142) (Substitute
Ordinance)
Fact Sheet (168K)
Substitute (9K)
15) 04R-142 Approving the Brandt Heights 1st Conditional
Annexation and Zoning Agreement between the City
and Ronald A. Tonniges and Marva R. Tonniges
outlining certain conditions and understandings
with regards to the annexation of approximately
3.979 acres of property generally located north
and south of Norval Road and east of 84th Street.
(In connection w/04-113, 114)
Attachment (78K)
16) 04-115 Vacating the north 9'4" of the Q Street right-of-
way adjacent to a part of the Haymarket Parking
Garage generally located at 9th and Q Streets as
part of a contractual agreement between B&J
Partnership and the City.
Fact Sheet (276K)
17) 04-116 Amending Section 5.04.130 of the Lincoln Municipal
Code to amend the provisions restricting retail
liquor sales on Sunday to allow both on and off
sale between the hours of 6:00 a.m. and 12:00 noon
on July 4, 2004 only. (Request to have 2nd &
3rd Readings on 6/14/04)
(WAIVED THE RULES TO HAVE 3RD READING THIS DATE,
6-1; COOK DISSENTING; PASSED, 4-3; COOK, FRIENDT,
NEWMAN DISSENTING; #18376)
PUBLIC HEARING - RESOLUTIONS
18) Application of St. John's Catholic Church at
731 Skyway Road to conduct a lottery within
the City of Lincoln from June 22, 2004
through September 19, 2004.
(ADOPTED, 7-0; A-82798)
19) Application of St. Thomas Aquinas Church/Newman
Center for one lottery and five raffle permits for
the following times: June 21, 2004 to August 15,
2004 (lottery); October 1, 2004 to October 31,
2004; November 1, 2004 to November 30, 2004;
December 1, 2004 to December 31, 2004; January 1,
2005 to January 31, 2005; February 1, 2005 to
February 28, 2005 (raffles).
(ADOPTED, 7-0; A-82799)
20) 04R-124 Reappointing James O'Hanlon to the Lincoln City
Library Board for a seven-year term expiring
August 31, 2011. (ADOPTED, 7-0; A-82800)
21) 04R-125 Assessing the demolition and utility abandonment
expense incurred by the City at 904 E Street
against said property.
Fact Sheet (101k)
(ADOPTED, 7-0; A-82801)
22) 04R-126 Approving contracts between the City and Oakview
Construction and Black & Veatch/Olsson's with
funding from more than one fiscal year for the
construction of nitrification and capacity
improvements at the Northeast Wastewater Treatment
Facility.
Fact Sheet (60K)
(ADOPTED, 7-0; A-82802)
23) 04R-141 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth therein
for the period of May 16 - 31, 2004.
Fact Sheet (15K)
Attachment (28K)
(ADOPTED, 7-0; A-82803)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
24) Setting the hearing date of Monday, June
28, 2004 at 5:30 p.m. for an Application of
Burnsy's Inc. dba Catering on the Boulevard
for a Liquor Catering License at 2602
Park Boulevard. (ADOPTED, 6-0; CAMP ABSTAINED;
A-82804)
25) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
June 7, 2004. (PLACED ON FILE)
Setting the Hearing date of Monday, June 28, 2004 at
5:30 p.m. for App. of Vincenzo's Inc. dba "Vincenzo's
Ristorante" for an addition to premise for an outdoor
area approximately 9 x 32 at 808 P Street, #100.
(ADOPTED, 6-0; CAMP ABSTAINED; A-82805)
THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone No. 04011 - App. of Scott Anderson for a
change from AG Agricultural Dist. to R-3 Residential
Dist. And H-4 General Commercial Dist. on property
east of N. 84th Street and south of Leighton Ave.
Change of Zone No. 04039 - App. of Eiger Corp. for a
change from H-4 General Commercial Dist. to B-5
Planned Regional Business Dist. on property at
S. 84th Street and Highway 2.
Use Permit No. 150A - App. of Eiger Corp. for an
amendment to allow for a hotel on property at S.
84th Street and Highway 2.
Special Permit No. 2046A - App. of Eiger Corp. to
allow approx. 32,500 sq. ft. of commercial floor
area; to waive sidewalks; to allow transfer of
sewage between drainage basins; to a allow
cul-de-sac greater than 1,000 in length; setbacks;
lot lines at right angles to a street; and requirements
to submit a preliminary plat on property at S. 84th
Street and Highway 2.
Special Permit No. 04009 - App. of Scott Anderson to
request to waive setbacks on property east of N.
84th Street and south of Leighton Ave.
Special Permit No. 04025 - App. of Brighton Construction
Co., Liberty Village C.U.P. for approx. 16 single
family homes to waive the preliminary plat procedures,
front yard setback, side yard setback, landscape
screening, storm water detention, minimum lot area,
average lot width, recreational facilities and open
space requirements on property at S. 24th Street and
J Street.
Special Permit No. 04030 - App. of George Peterson to
expand a non-standard residence at 2653 S. 11th Street.
Special Permit No. 04031 - App. of The Creamery L.L.C. for
9 dwelling units on property at N. 7th Street and P Street.
Special Permit No. 04032 - App. of Shanna Cole and Mark
Hunzeker for an addition to the domiciliary facility
on property at 3737 N. 58th Street.
Special Permit No. 04033 - App. of Sterling hills, L.L.C.,
for approx. 123 dwelling units with requests to waive
the preliminary plat process, sanitary sewer, maximum
lot depth and lot lines at right angles to the street
or radial on property at S. 37th Street and Yankee Hill Rd.
REPORTS OF CITY OFFICERS
26) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended April, 2004.
(ADOPTED, 6-0; CAMP ABSTAINED; A-82806)
27) Investments of Funds for the week of May 24 thru
May 28, 2004. (ADOPTED, 6-0; CAMP ABSTAINED;
A-82807)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEMS 28, 29,
31 & 32 HAD 1ST READING)
28) 04-121 Annexation 04007 - Amending the Lincoln
Corporate Limits Map by annexing approximately
53.32 acres of property generally located
northeast of S. 56th Street and Yankee Hill
Road. (In connection w/04-122, 04R-148)
Fact Sheet (647K)
29) 04-122 Change of Zone 04009 - Application of Ridge
Development Co., Southview Inc., and Pine Lake
Heights Joint Venture for a change of zone from AG
Agricultural District to R-3 Residential District
on property generally located northeast of S. 56th
Street and Yankee Hill Road. (In connection
w/04-121, 04R-148)
Fact Sheet (668K)
30) 04R-148 Approving Big Thompson Creek 1st Conditional
Annexation and Zoning Agreement between Ridge
Development Co., Southview, Inc., and Developments
Unlimited, LLP, and the City of Lincoln outlining
certain conditions and understandings with regards
to the annexation of approximately 53.32 acres of
property generally located at S. 56th Street and
Yankee Hill Road. (In connection w/04-121, 04-122)
Attachment (82K)
31) 04-124 Amending Section 12.08.270 of the Lincoln
Municipal Code to allow alcoholic beverages at the
Folsom Children's Zoo and the Lincoln Children's
Museum during fund raising activities and events
when the facilities are not open to the general
public.
Fact Sheet (93K)
32) 04-123 Creating a new Chapter 8.50 of the Lincoln
Municipal Code establishing smoking regulations
and repealing Chapter 8.48 of the Lincoln
Municipal Code, the Lincoln Smokefree Air Act.
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
33) 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) (5/24/04 - Action Delayed to 6/7/04)
(6/7/04 - Action Delayed to 6/14/04)
Fact Sheet (357K)
(ACTION DELAYED TO 6/28/04,
7-0)
34) 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) (5/24/04 - Action
Delayed to 6/7/04) (6/7/04 - Action
Delayed to 6/14/04)
Fact Sheet (598K)
(ACTION DELAYED TO 6/28/04, 7-0)
35) 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)
(5/24/04 - Action Delayed to 6/7/04)
(6/7/04 - Action Delayed to 6/14/04)
Attachment (93K)
(ACTION DELAYED TO 6/28/04, 7-0)
36) 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)(5/24/04 - Action Delayed to 6/7/04)
(6/7/04 - Action Delayed to 6/14/04)
Fact Sheet (739K)
(ACTION DELAYED TO 6/28/04, 7-0)
37) 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)
(5/24/04 - Action Delayed to 6/7/04)
(6/7/04 - Action Delayed to 6/14/04)
Fact Sheet (732K)
(ACTION DELAYED TO 6/28/04, 7-0)
38) 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)
(PASSED, 7-0; #18377)
39) 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 cafe‚.
(PASSED, 7-0; #18378)
40) 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.
(AMENDMENT #1 PASSED, 7-0; PASSED AS AMENDED,
7-0; #18379)
41) 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)
(PASSED, 7-0; #18380)
PENDING LIST - DATE CERTAIN
42) 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)
(5/24/04 - Public Hearing con't. w/ Action
to 6/14/04)(6/7/04 - Public Hearing con't w/
Action to 6/21/04)
PENDING LIST (EXTENDED ONE WEEK)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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 treet 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)
50) 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)
51) 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 21, 2004 AT 1:30 P.M.:
(APPROVED, 7-0)
52) 04R-145 Special Permit 1870A - Application of Gerry and
Dianne Krieser to develop Stevens Creek Ridge 1st
Addition Community Unit Plan for 10 single family
residential acreage lots on property generally
located at N. 134th Street and Holdrege Street.
Fact Sheet (571K)
53) 04R-146 Approving an amendment to the University Place
Redevelopment Plan for the acquisition and
demolition of the Northeast Printers Building by
the City for redevelopment of the site on property
generally located at 2436 N. 48th Street.
Fact Sheet (231K)
54) 04R-147 Appeal of Orchid Enterprises, LLC, from the
Planning Commission conditional approval of
Special Permit 04020 for a limited landfill at
S.W. 27th Street and West O Street, requiring
a 12 month time limit.
Fact Sheet (1019K)
55) 04R-149 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the funding of
resurfacing work on Cornhusker Highway between
13th and 20th Street, Cornhusker Highway from 35th
to 44th Street and 9th Street from Q to H Streets.
(State Project No. RD-6-6(1040), CN 12765, City
Project No. 701753).
Fact Sheet (58K)
56) 04R-151 Authorizing the acceptance of two Tour de Lincoln
art works for inclusion in the City's public art
collection and for display on public property.
57) 04R-152 Approving an agreement between the City and
Beutler Development Services for fund development
services for a four-year term beginning
July 1, 2004.
Fact Sheet (81K)
Attachment (298K)
58) 04R-153 Accepting a donation of $45,000 for renovation of
park improvements and to establish an endowment
for on-going park maintenance of park land located
at S. Cotner Blvd. and Aldrich Road.
Fact Sheet (96K)
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 (6/16/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (6/21/04).
Historic Preservation Association of Lincoln
(Jo Gutgsell & Elinor Brown)
Topic: Celebration of 125th Anniversary of Opening
of Old City Hall. (ASKED FOR THE CITY'S
ASSISTANCE W/ORGANIZING A 125 YEAR CELEBRATION
OF THE OPENING OF THE OLD CITY HALL)
Danny Walker
Topic: Intersection of 6th and A Streets and Garbage
Dump Adjacent to 610 "G" Street. (REQUESTED
THE CITY CORRECT THE DANGEROUS SITUATION AT 6TH
& A INTERSECTION; NICOLE FLECK-TOOZE, PUBLIC WORKS
DEPT., STATED THE PARKING ON THE EAST SIDE OF 6TH
STREET WILL BE REMOVED. REQUESTED DELAY OF SPEAKING
ON GARBAGE DUMP TO JUNE 21, 2004.)
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 3:34 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