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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
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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