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City of Lincoln City Council Office Formal Agenda/Action | |
AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, JUNE 21, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE - (RE-SCHEDULED)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Shubh Hotels Cornhusker LLC dba
Marriott Cornhusker for a Class CK liquor license
at 333 S. 13th Street. (ADOPTED FOR APPROVAL,
6-0, ABSENT FOR VOTE: FRIENDT; A-82820)
2) Manager application of Sachit R. Nadkarni for
Shubh Hotels Cornhusker LLC dba Marriott
Cornhusker at 333 S. 13th Street. (ADOPTED
FOR APPROVAL, 6-0, ABSENT FOR VOTE: FRIENDT;
A-82821)
3) Manager application of Benjamin R. Moran for
O'Fourteen, Inc. dba Woody's Pub & Grill at 101 N.
14th Street, Suite 6. (ADOPTED FOR APPROVAL,
6-0, ABSENT FOR VOTE: FRIENDT; A-82822)
4) Manager application of Brian Towle for Gateway
Bowl Corp. dba Gateway Bowl at 333 N. Cotner Blvd.
(ADOPTED FOR APPROVAL, 6-0, ABSENT FOR VOTE:
FRIENDT; A-82823)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS
(ITEMS 5 THRU 10 HAD 2ND READING; SEE ITEMS 7 & 10)
5) 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)
6) 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)
7) 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) (ACTION DELAYED TO 6/28/04, 7-0)
Attachment (82K)
8) 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)
9) 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.
Unsigned Ordinance (116K)
10) 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)(WITHDRAWN, 5-2,
DISSENTING: CAMP & SVOBODA; #38-4478)
PUBLIC HEARING - RESOLUTIONS
11) 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. (ADOPTED, 7-0; A-82824)
Fact Sheet (571K)
12) 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.
(ADOPTED, 7-0; A-82825)
Fact Sheet (231K)
13) 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. (AMENDED, 5-2, DISSENTING:
MCROY & NEWMAN; ADOPTED AS AMENDED, 7-0; A-82826)
Fact Sheet (1019K)
14) 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). (ADOPTED, 7-0; A-82827)
Fact Sheet (58K)
15) 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.
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-82828)
16) 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. (ADOPTED, 4-3, DISSENTING:
CAMP, FRIENDT, SVOBODA; A-82829)
Fact Sheet (81K)
Attachment (298K)
17) 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. (SUBSTITUTE
RESOLUTION ACCEPTED, 7-0; SUBSTITUTE RESOLUTION
ADOPTED, 7-0; A-82830)
Fact Sheet (96K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS - NONE
18) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
June 14, 2004. (PLACED ON FILE)
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the Council and the Lancaster
County Board on June 15, 2004. (PLACED ON FILE)
Report from City Treasurer of City Cash on hand to
the close of business June 17, 2004. (PLACED ON FILE)
Investment of Funds for the week of June 14 thru
June 18, 2004. (ADOPTED, 7-0; A-82831)
REPORTS OF CITY OFFICERS
19) Investment of Funds for the week of June 1 thru
June 11, 2004. (ADOPTED, 7-0; A-82832)
20) Report from City Treasurer of Telecommunications
Occupation Tax for the month of April, 2004:
Quantum Shift, United Systems Access, Star Number,
IBM Global, T-Netix; May, 2004: ATS Mobile.
(PLACED ON FILE)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS
(ITEMS 21 THRU 29 HAD 1ST READING)
21) 04-125 Approving (1) Lease Agreement from the City
and the County of Lancaster to the Lincoln-
Lancaster County Public Building Commission;
(2) Lease Agreement from the Commission to
the County and the City; and (3) the issuance
of not to exceed $12,000,000 of the
Commission's Tax Supported Lease Rental
Revenue and Refunding Bonds, all with respect
to additions and improvements at the City-
County Health Department Building.
Exhibit A (118K)
Exhibit B (125K)
22) 04-117 Creating Sewer District No. 1180 in South
Folsom Street from W. South Street south
approximately 1250 feet.
Fact Sheet (702K)
23) 04-118 Creating Ornamental Lighting District No. 287 in
West Charleston Street, 1st Street west
approximately 1100 feet.
Fact Sheet (570K)
24) 04-119 Annexation 03008 - Amending the Lincoln Corporate
Limits Map by annexing approximately 20 acres of
property generally located at N.W. 56th Street and
W. Thatcher Lane. (In connection w/04-120, 04R-
143, 04R-144)
Fact Sheet (192K)
Attachment (161K)
25) 04R-143 Approving Cardinal Heights 2nd Addition
Conditional Annexation and Zoning Agreement
between Hartland Homes Inc. and the City of
Lincoln outlining certain conditions and
understandings with regards to the annexation of
approximately 20 acres of property generally
located at N.W. 56th Street and W. Thatcher Lane.
In connection w/04-119, 04-120, 04R-144)
Attachment (778K)
26) 04-120 Change of Zone 04013 - Application of Hartland
Homes Inc. for a change of zone from AG
Agricultural District to R-3 Residential District
on property generally located at N.W. 56th Street
and W. Thatcher Lane. (In connection w/04-119,
04R-143, 04R-144)
Fact Sheet (181K)
27) 04R-144 Special Permit 2045 - Application of Hartland
Homes Inc. to develop Hartland's Cardinal Heights
2nd Community Unit Plan for 56 dwelling units,
with waivers to allow sanitary sewer lines to run
opposite street grades, the transfer of sanitary
sewer from one basin to another, lots to exceed
three to one lot depth to width ratio, lots with
less than the minimum lot width, lots with less
than the minimum lot area, and to waive the
preliminary plat process, on property generally
located at N.W. 56th Street and W. Thatcher Lane.
In connection w/04-119, 04-120, 04R-143)
Fact Sheet (390K)
28) 04-126 Change of Zone 04036 - Application of the Planning
Director for a change of zone from R-4 Residential
District to R-2 Residential District on property
generally located at S. 27th Street and Stratford
Ave.
Fact Sheet (128K)
29) 04-127 Amending Section 27.52.030 of the Lincoln
Municipal Code relating to Standards to be
followed in connection with Flood Regulations for
Existing Urban Area to make the language
consistent with the minimum FEMA standard language
for floodways.
Fact Sheet (24K)
ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION
30) 04-106 Street & Alley Vacation 03020 - Vacating the east-
west alley between South Street and Saylor Street,
west of 55th Street. (PASSED, 7-0; #18381)
Fact Sheet (159K)
31) 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.
(PASSED, 7-0; #18382)
32) 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.
(PASSED, 7-0; #18383)
33) 04-109 Amending the pay schedule for a certain employee
group prefixed by the letter E by creating the job
classification of Ombudsman. (PASSED, 7-0; #18384)
34) 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. (PASSED, 7-0; #18385)
Fact Sheet (626K)
Attachment (8K)
35) 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. (AMENDED, 7-0; PASSED AS AMENDED,
7-0; #18386)
Fact Sheet (404K)
36) 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) (PASSED, 7-0; #18387)
Fact Sheet (249K)
37) 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) (ADOPTED, 7-0;
A-82833)
Fact Sheet (429K)
38) 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) (SUBSTITUTE
ORDINANCE ACCEPTED, 7-0; SUBSTITUTE ORDINANCE PASSED,
7-0; #18388)
Fact Sheet (154K)
Substitute (23K)
39) 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)(SUBSTITUTE ORDINANCE ACCEPTED, 7-0;
SUBSTITUTE ORDINANCE PASSED, 7-0; #18389)
Fact Sheet (168K)
Substitute (9K)
40) 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) (ADOPTED, 7-0;
A-82834)
Attachment (78K)
41) 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. (PASSED, 7-0; #18390)
Fact Sheet (276K)
REQUEST OF COUNCILMAN JON CAMP TO RECONSIDER THE PATTI
TALAMANTE CLAIM AGAINST THE CITY WHICH WAS DENIED 6/14/04,
RESOLUTION NO. A-82803. (TO HAVE PUBLIC HEARING AND ACTION
ON 7/12/04, 7-0)
PENDING LIST - DATE CERTAIN
42) 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) (6/14/04
- Action Delayed to 6/28/04)
Fact Sheet (357K)
43) 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) (6/14/04 - Action Delayed to
6/28/04)
Fact Sheet (598K)
44) 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)
(6/14/04 - Action Delayed to
6/28/04)
Attachment (93K)
45) 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) (6/14/04 - Action Delayed to
6/28/04)
Fact Sheet (739K)
46) 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)
(6/14/04 - Action Delayed to
6/28/04)
Fact Sheet (732K)
PENDING LIST (EXTENDED ONE WEEK)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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 28, 2004 AT 5:30 P.M.:
(APPROVED, 7-0; SEE ITEM 59)
56) 04R-154 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
June 1 - 15, 2004.
Fact Sheet (14K)
Attachment (30K)
57) 04R-155 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 of the burn tower in the future.
Fact Sheet (19K)
Attachment (19K)
58) 04R-156 Expressing support for Amendment 4 which will be
on the November General Election ballot to provide
a portion of state lottery proceeds be dedicated
to the State Fair.
Fact Sheet (10K)
59) 04R-157 Amending Resolution No. A-81347, adopted February
25, 2002, to open South 80th Street from Nob Hill
Road to the south boundary line of the preliminary
plat of Parker's Landing and to remove the
existing barricade. (WITHDRAWN, 7-0; #38-4479)
Fact Sheet (13K)
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 (6/23/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (6/28/04).
Danny Walker Topic: Garbage Dump adj. to 610 G St.
(held over from 6/14/04)
(COUNCIL MEMBER MCROY REQUESTED THE DLA TO FOLLOW UP AND
RESPOND TO MR. WALKER)
Michael P. Kane Topic: Public Restrooms (NOT PRESENT)
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 5:03 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