InterLinc Home Page lincoln.ne.gov  
City of Lincoln  
City of Lincoln
City Council Office

Formal Agenda/Action

 

					
                 THE FOLLOWING WILL BE HELD IN THE CITY COUNCIL CHAMBERS
                     MAYOR SENG WILL DELIVER THE STATE OF THE CITY MESSAGE
                            ON MONDAY, JUNE 28, 2004, AT 3:00 P.M.
                         THE CITY BUDGET WILL BE PRESENTED AT 3:30 P.M.
                       IMMEDIATELY FOLLOWING THE STATE OF THE CITY MESSAGE

                                       *******************
 

                      AGENDA OF THE REGULAR CITY COUNCIL MEETING TO BE HELD
                               MONDAY, JUNE 28, 2004 AT 5:30 P.M.
                            
                THERE WILL BE NO CITY COUNCIL MEETING THE WEEK OF JULY 5                
                                   DUE TO THE JULY 4 HOLIDAY
                  THE NEXT COUNCIL MEETING WILL BE JULY 12, 2004 AT 1:30 P.M.
                            

                                ALL MEMBERS PRESENT

                                
PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Application of Lancaster County Agricultural
               Society, Inc. dba Lancaster Event Center for a
               Special Designated License to cover an area
               measuring 120 feet by 109 feet to the west of the
               Exhibition Building at 4100 North 84th Street,
               Lincoln, Nebraska, on August 7, 2004 between the
               hours of 8:00 a.m. and midnight.
               (ADOPTED FOR APPROVAL,7-0; A-82835)

2)             Application of Zoo Ltd. Inc. dba The Zoo Bar for a
               special designated license for an area measuring
               approximately 350' by 150' on N Street between
               13th and 14th Street and a portion of the Sharp
               Building parking lot on July 9, 2004 from 4:00
               p.m. to 1:00 a.m. and on July 10, 2004 from 12:00
               noon to 1:00 a.m. (ADOPTED FOR APPROVAL, 7-0; A-82836)
          
3)             Application of Burnsy's Inc. dba Catering on the
               Boulevard for a liquor catering license at 2602
               Park Blvd. (ADOPTED FOR APPROVAL, 7-0; A-82837)

4)             Application of Vincenzo's Inc. dba Vincenzo's
               Ristorante to expand their licensed premises by
               the addition of an outside area measuring
               approximately 9 feet by 32 feet at 808 P Street,
               #100, for a new license area to read as: Main
               floor of four story building approximately 40' by
               152', including basement area, court yard 50' by
               92', outdoor deck 9' by 32' and portion of hallway
               connecting entrances.
               (ADOPTED FOR DENIAL,6-0; CAMP CONFLICT OF INTEREST; 
               A-82838)


PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS  (ITEMS 5 
             THRU 8 AND 10, 12 & 13 HAD 1ST READINGS; SEE ITEMS 9 & 11) 

5)  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)
							 
6)  04-117    Creating Sewer District No. 1180 in South
              Folsom Street from W. South Street south
              approximately 1250 feet.
              Fact Sheet (702K)
							
7)   04-118    Creating Ornamental Lighting District No. 287 in
               West Charleston Street, 1st Street west
               approximately 1100 feet.
               Fact Sheet (570K)
							 
8)   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)
							 
9)   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)
               (DELAYED ACTION TO 7/12/04, 7-0.)		
					 
10)  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)
               
		 
11)  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)
               (DELAYED ACTION TO 7/12/04, 7-0)
							 
12)  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)
							 
13)  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)
							 
PUBLIC HEARING - RESOLUTIONS

14)  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)
               (ADOPTED, 7-0; A-82839)
							 
15)  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)
               (ADOPTED, 7-0; A-82840)							 

16)  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)
               (ADOPTED, 4-3; COOK, FRIENDT, NEWMAN DISSENTING; 
               A-82841)

                        - END OF PUBLIC HEARING -


CONSENT AGENDA:

PETITIONS & COMMUNICATIONS - NONE


17)  MISCELLANEOUS REFERRALS

               Clerk's Letter and Mayor's Approval of Resolutions and
               Ordinances passed by the City Council on June 21, 2004. 
               (PLACED ON FILE)

               THE FOLLOWING WERE REFERRED TO PLANNING DEPARTMENT:
	       Change of Zone 04040 - App. of Joyce Hinkley Ltd. 
                   Partnership for a change from I-1 to B-5 on property 
                   at 5710 Colfax Avenue and 3737 N. 58th Street.
   	       Change of Zone 04041 - App. of B & J Partnership Ltd.
                   for a change from P to I-1 on property at South 9th
                   Street and Calvert Street.
    
	       Report from the City Treasurer of Telecommunication Occ. 
               Tax for May, 2004: Telecorp. Comm., ATT Wireless, D&D Comm.,
               Norsten Network, 360 Networks, Lightyear, LDMI, NOS, 
               WorldXchange, Tri-M, Zone, Globalcom, GTC, Association
               Administrators, Affinity, Telco Development, NOSVA, Excel, 
               VarTec, Sprint Spectrum. (PLACED ON FILE)
		
	       Formal Paving Petition for Street Paving District No. 2628 
               for street paving at North 36th Street, Vine Street to W 
               Street submitted by Jake Whitaker.(REFERRED TO LAW DEPT.)



REPORTS OF CITY OFFICERS - NONE


                           - END CONSENT AGENDA -
   
                             
ORDINANCES - 1ST READING & ASSOCIATED RESOLUTIONS (ITEM 18 HAD 1ST READING)

18)   04-128   Amending Chapter 2.76 of the Lincoln
               Municipal Code to extend family sick leave to
               include any person under legal guardianship
               of an employee, to rearrange the Funeral
               Leave section for clarity, and to allow
               employees on military leave without pay to
               not first exhaust all applicable leave
               balances. 
               Fact Sheet (201K)
               Attachment (201K)


ORDINANCES - 3RD READING & RESOLUTIONS FOR ACTION

19)  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)
               PASSED, 7-0; #18391)
							 	
20)  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)
               PASSED, 7-0; #18392)
							 
21)  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)
               (ADOPTED, 7-0; A-82842)							
 
22)  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)
               ADOPTED, 7-0; A-82843)
							 
23)  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)
               ADOPTED, 7-0; A-82844)

24)  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)
               PASSED, 7-0; #18393)

25)  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)
               (PASSED, 7-0; #18394)
  
26)  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)
               ADOPTED, 7-0; A-82845)

27)  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)
               PASSED, 7-0; #18395)
	 
28)  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.
               (AMENDED #6, 4-3; COOK, MCROY, NEWMAN DISSENTING; 
               PASSED, 4-3; COOK, MCROY, NEWMAN DISSENTING; #18396)


PENDING LIST - DATE CERTAIN

29)            Reconsideration of the Patti Talamante Claim
               Against the City Which Was Denied 6/14/04,
               Resolution No. A-82803. (6/21/04 - To have
               Public Hearing & Action 7/12/04)


PENDING LIST  (EXTENDED ONE WEEK)

30)  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)
							 
31)  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)
							 
32)  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)
							 
33)  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)
							 
34)  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)
							 
35)  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)
							   
36)  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)
							 
37)  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)
							 
38)  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, JULY 12, 2004 AT 1:30 P.M.:
                                                 (APPROVED, 7-0)
39)  04R-158   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley North-South Roadway K to Q
               Project. (Project No. CM-55(142) CN 11215a.   City
               No. 780109.
               Fact Sheet (47K)
               Attachment (462K)
							  
40)  04R-159   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley South Street Bridge Project.
               (Project No. STPC-5212(5) CN 11215k.  City No.
               780111.
               Fact Sheet (46K)
               Attachment (504K)
							 
41)  04R-160   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley J Street Bridge Project.
               (Project No. STPC-5226(1) CN 11215j.  City No.
               780110.
               Fact Sheet (46K)
               Attachment (456K)
							 
42)  04R-161   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley Big T Project. (Project No.
               CM-55(144) CN 11215e.  City No. 780106.
               Fact Sheet (22K)
               Attachment (524K)
							 
43)  04R-162   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley East leg of the Big X Project.
               (Project No. STPC-5257(1) CN 11215g.  City No.
               780107.
               Fact Sheet (47K)
               Attachment (525K)
							 
44)  04R-163   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley "O" Street Bridge and Road
               from 21st to 23rd Street.
               (Project No. STPC-34-6(135), CN 11215i.  City No.
               780104.
               Fact Sheet (47K)
               Attachment (499K)
							 
45)  04R-164   Approving an Agreement between the City and the
               Nebraska Dept. of Roads for the Federal funding of
               the Antelope Valley North-South Roadway Q to Y
               Project. (Project No. CM-55(143) CN 11215b.  City
               No.780108.
               Fact Sheet (48K)
               Attachment (434K)
							 
46)  04R-165   Special Permit 1726B - Application of West Park,
               L.L.C. to amend the West Park Community Unit Plan
               to add six dwelling units for a total of 29
               dwelling units, with waivers to the required
               turnaround design standards in West B Court and
               the connection of West B Court to West B Street,
               on property generally located at S.W.
               15th Court and West A Street.
               Fact Sheet (343K)
							  
47)  04R-167   Waiving the right of the City of Lincoln to object
               to the validity of the conveyance of that a
               portion of Lot 98 I.T. in the Northeast Quarter of
               Section 27, Township 10 North, Range 6 East of the
               6th P.M., from Larry Maciejewski and
               Joann Maciejewski to Jeffrey J. Fredrick and
               Denise Fredrick on the ground that the conveyance
               failed to comply with the requirements relating to
               subdivision approval.
               Attachment (570K)

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 (7/7/04) PRIOR TO THE NEXT FORMAL CITY
     COUNCIL MEETING (7/12/04).






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   7:03 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