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