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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 26, 2004 AT 1:30 P.M.
ALL MEMBERS PRESENT
UPCOMING CITY COUNCIL MEETING SCHEDULE - SEE LAST PAGE
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Pershing Center for a special
designated liquor license covering an area
measuring 200' by 60' and 280' by 60 on the south
and north sides of Pershing Center, 226 Centennial
Mall South, on April 30, 2004 from 5:00 p.m. to
11:50 p.m. (ADOPTED FOR APPROVAL, 7-0; A-82722)
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 2 THRU 5 HAD 2ND READING; SEE ITEMS 3, 4 & 5)
2) 04-68 Authorizing the construction of a 12-inch
water main (Water District 1192) to
serve South Folsom, from West South
Street south approximately 1,250 feet
and assessing the cost thereof against
the benefitted property.
Attachment (177K)
Fact Sheet (57K)
3) 04-69 Approving a lease agreement between the City
and U.S. Cellular to locate telecommunications
facilities in the City Park property located
at 3403 W. Van Dorn Street. (PUBLIC HEARING &
ACTION DELAYED FOR 1 WEEK TO 5/3/04, 7-0)
Attachment (575K)
Fact Sheet (45K)
4) 04-70 Approving a lease agreement between the City
and U.S. Cellular to locate telecommunications
facilities at 4375 S. 33rd Court. (PUBLIC
HEARING & ACTION DELAYED FOR 1 WEEK TO 5/3/04, 7-0)
Attachment (588K)
Fact Sheet (46K)
5) 04-71 Approving a lease agreement between the City
and U.S. Cellular to locate telecommunications
facilities in the City Park property located
at 3761 Normal Blvd. (PUBLIC HEARING &
ACTION DELAYED FOR 1 WEEK TO 5/3/04, 7-0)
Attachment (587K)
Fact Sheet (45K)
PUBLIC HEARING - RESOLUTIONS
6) 04R-84 Approving a multi-year agreement with funding from
more than one fiscal CIP budget year between the
City and Construction Manager for renovation and
construction work at the Sunken Gardens located at
S. 27th Street and Capital Parkway. (ADOPTED, 7-0;
A-82723)
Fact Sheet (39K)
7) 04R-85 Appointing Tami C. Soper to the Lincoln-Lancaster
Women's Commission for a two-year term expiring
March 1, 2006. (ADOPTED, 7-0; A-82724)
Application (99K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
8) Formal Paving Petition for Alley Paving District
No. 362-A for the East/West alley, 48th
to 49th Streets, Lowell to Meredeth
Streets, submitted by Ollie C. Wittmann.
(REFERRED TO LAW DEPARTMENT)
9) MISCELLANEOUS REFERRALS
Report from City Treasurer of Franchise Tax
for the month of January/February/March, 2004:
Birch Telecom Inc, Z-Tel Com Inc, AmeriVision Com;
March, 2004: Vartec, Nosva Limited Partnership,
Sprint Spectrum, D & D Com Inc, Nextel West Corp,
ATT Wireless Services, Affinity Network, NOS Com,
Tri-M Com Inc, Telecorp Com Inc, LDMI Telecom Inc,
WorldXChange Corp, Association Administrators Inc,
Lightyear Com Inc, GTC Telecom Corp, Zone Telecom Inc.
(PLACED ON FILE)
Setting the hearing date of Monday, May 10, 2004
at 1:30 pm for a Manager Application of Thomas R.
McKitterick for Country Club of Lincoln dba
Country Club located at 3200 South 24th Street.
(ADOPTED, 7-0; A-82725)
Informal Petition to create a sanitary sewer
district to serve the northeast, southeast,
and southwest corners of South 56th and Pine
Lake Road submitted by Bill Krein and the
Aspen Partnership. (REFERRED TO PUBLIC WORKS)
REPORTS OF CITY OFFICERS
10) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
April 19, 2004. (PLACED ON FILE)
11) Investment of Funds for the week of April 12 thru
April 16, 2004. (ADOPTED, 7-0; A-82726)
12) Report from City Treasurer Telecommunications
Occupation Tax for the month of January/
February/March, 2004: Claricom Networks,
LLC, Matrix Telecom, Inc; March, 2004: Business
Telecom Inc, ATS Mobile Telephone Co Inc, Nextel
Partners. (PLACED ON FILE)
13) THE FOLLOWING WERE REFERRED TO PLANNING DEPARTMENT:
Change of Zone No. 04022 - Requested by ESP, Inc.
from AG Agricultural District to H-3 Highway
Commercial District, on property generally
located at 4801 NW Highway 34.
Change of Zone No. 04024 - Requested by the
Director of Planning, for text and map
amendments to Title 27 of the Lincoln
Municipal Code (Zoning Ordinance) to
adopt revised standards for the Airport
Environs Noise District.
Change of Zone No. 04025 - Requested by Dobson
Bros. Construction Co, to amend
Section 27.71.120 to the Lincoln
Municipal Code, regarding the provisions for
temporary concrete paving plants in any
zoning district by administrative special
permit.
Change of Zone No. 04026 - Requested by Irvingdale
Neighborhood Association and the Country Club
Neighborhood Association, from R-4 Residential
District to R-2 Residential District, on property
generally located between South Street and
Van Dorn Street, from South 17th Street to
South 30th Street.
Change of Zone No. 04027 - Requested by Black Hawk
Investments LLC, from R-2 Residential
District to O-2 Suburban Office District,
on property generally located at South
48th Street and Pioneers Boulevard.
Special Permit No. 1778B - Requested by Wapiti
Enterprises, Inc. and TR Novak LLC, for the
excavation of sand and gravel, on property
generally located at North 56th Street
and Arbor Road.
City Special Permit No. 04008 - Requested by
Brian D. Carstens on behalf of Full
House LLC, for 9 dwelling units, with
requests to waive sidewalks, street trees,
street lighting, landscape screening, and
block length, on property generally located
SW 14th Street and Bennet Road.
Special Permit No. 04018 - Requested by Studio
NRG, for a private educational facility,
on property generally located at 3901
North 27th Street.
- END CONSENT AGENDA -
ORDINANCES - 1ST READING & RESOLUTIONS (ITEMS 14 THRU 29 HAD 1ST READING)
FLOOD STANDARDS FOR NEW GROWTH AREAS
PUBLIC HEARING MONDAY, MAY 3, 2004 AT 5:30 P.M.
14) 04-72 Amending Chapter 26.07 of the Lincoln
Municipal Code relating to Land Subdivision
Definitions by adding a new section numbered
26.07.113 to define "existing urban area";
repealing Section 26.07.115 to delete the
definition of "flood insurance study"; adding
a new section numbered 26.07.116 to define
"flood design criteria"; renumbering and
amending Section 26.07.120 as Section
26.07.117 to revise the definition of
"floodplain"; adding a new section numbered
26.07.119 to define "floodprone area";
amending Section 26.07.126 to revise the
definition of "minimum flood corridor";
adding a new section numbered 26.07.127 to
define "new growth areas"; renumbering
current Section 26.07.127 as Section
26.07.130; renumbering current Section
26.07.128 as Section 26.07.135; amending
Section 26.07.240 to revise the definition of
"wastewater works."
15) 04-73 Amending Chapter 26.15 of the Lincoln
Municipal Code relating to Land Subdivision,
Preliminary Plats by amending Section
26.15.020 to require the location of
easements for minimum flood corridors and
other items related thereto to be shown on
the preliminary plat; amending Section
26.15.040 to require additional information
regarding Flood Regulations for Existing
Urban Area to be included with the
preliminary plat; adding a new section
numbered 26.15.050 to require additional
information regarding Flood Regulations for
New Growth Areas to be included with the
preliminary plat.
16) 04-74 Amending Chapter 26.23 of the Lincoln
Municipal Code relating to Land Subdivision
Development Standards by amending Section
26.23.120 to require easements in the
floodplain or floodprone area to preserve
compensatory storage, require minimum flood
corridors along drainage ways which have a
defined bed and bank, and to provide when
encroachments into the corridor are allowed;
amending Section 26.23.181 to require
subdivisions within the floodplain in Existing
Urban Area to meet Flood Regulations for Existing
Urban Area; adding a new section numbered
26.23.185 to require subdivisions in the
floodplain or floodprone area in New Growth Areas
to meet the Flood Regulations for New Growth
Areas.
17) 04-75 Amending Title 26 of the Lincoln Municipal
Code by creating a new Chapter 26.24, Flood
Regulations for Existing Urban Area.
18) 04-76 Amending Title 26 of the Lincoln Municipal
Code by creating a new Chapter 26.25, Flood
Regulations for New Growth Areas.
19) 04-77 Amending Section 26.27.060 of the Lincoln
Municipal Code relating to Land Subdivision,
Minimum Improvements to require the
applicable standards set forth in Chapters
26.24 or 26.25 to be met if the land
preparation and grading is occurring on land
located within the floodplain or floodprone
area.
20) 04-78 Amending Chapter 27.03 of the Lincoln
Municipal Code relating to Zoning Code
definitions by adding a new section numbered
27.03.218 to define "existing urban area";
adding a new section numbered 27.03.235 to
define "flood design criteria"; by amending
Section 27.03.240 to revise the definition of
"floodplain"; by adding a new section
numbered 27.03.418 to define "minimum flood
corridor"; by adding a new section numbered
27.03.445 to define "new growth areas".
21) 04-79 Amending Title 27 of the Lincoln Municipal
Code by adding a new Chapter 27.52, Flood
Regulations for Existing Urban Area.
22) 04-80 Amending Title 27 of the Lincoln Municipal
Code by adding a new Chapter 27.53, Flood
Regulations for New Growth Areas and
repealing Chapter 27.55 of the Lincoln
Municipal Code, Flood Plain District, in its
entirety.
23) 04-81 Amending Chapter 27.65 of the Lincoln
Municipal Code relating to Community Unit
Plans by amending Section 27.65.020 to
provide for a dwelling unit bonus if a
community unit plan will substantially
protect floodplain or floodprone areas;
amending Section 27.65.070 to change a
reference to the new chapters regulating
development in the floodplain or floodprone
areas.
24) 04-82 Amending Section 27.81.010 of the Lincoln
Municipal Code relating to General
Regulations of the Zoning Code to require the
drainage and grading plan to include
preservation of the minimum flood corridor.
25) 04R-87 Comprehensive Plan Amendment No. 04017 -
Amending the 2025 Lincoln City-Lancaster County
Comprehensive Plan to replace and update language
relating to floodplains and the recommendations of
the Mayor's Floodplain Task Force for Flood
Standards for New Growth Areas.
Fact Sheet (805K)
26) 04R-88 Amending Chapter 2.05 of the Lincoln Design
Standards, Stormwater Drainage Design Standards,
to revise Section 1 to add definitions; to revise
Section 2, General provisions; to revise Section
3.5, Flood Corridor Management; and to revise
Section 6, Design of Culverts.
Attachment (114K)
Fact Sheet 1 (1.1M)
Fact Sheet 2 (1.9M)
27) 04R-89 Amending Title 2 of the City of Lincoln Design
Standards, Design Standards for Subdivision
Regulations, to add a new Chapter 2.07 to adopt
Flood Design Standards for New Growth Areas.
28) 04R-90 Amending Title 3 of the City of Lincoln Design
Standards, Design Standards for Zoning
Regulations, to add a new Chapter 3.06 to adopt
Minimum Flood Corridor Design Standards and to add
a new Chapter 3.07 to adopt Flood Design Standards
for New Growth Areas.
29) 04R-91 Amending the Drainage Criteria Manual to amend
Section 1.5.6, Flood Corridor Management; Section
1.5.7, NPDES Construction Site Activities; and
Appendix 1-C, Glossary of Key Terms; and to add a
new Chapter 10, Flood Design Criteria.
Attachment 1 (39K)
Attachment 2 (384K)
ORDINANCES - 3RD READING
30) 04-64 Change of Zone 04014 - Amending Title 27 of the
Lincoln Municipal Code by amending Section
27.31.030 to delete the sale of alcoholic
beverages for consumption on and off the
premises as permitted uses; by amending
Section 27.31.040 to add said uses as
permitted conditional uses and to provide
conditions of approval in the B-2 Planned
Neighborhood Business District; by amending
Section 27.37.020 to delete the sale of
alcoholic beverages for consumption on and
off the premises as permitted uses; by
amending Section 27.37.025 to add said
uses as permitted conditional uses and to
provide conditions of approval in the B-5
Planned Regional Business District.
(PASSED, 7-0; #18345)
Fact Sheet (536K)
31) 04-65 Change of Zone 04016 - Amending Section
27.26.020 of the Lincoln Municipal Code to
add Adult Care Center as a permitted use in
the O-2 Suburban Office District.
(PASSED, 6-0; CONFLICT OF INTEREST: WERNER;
#18346)
Fact Sheet (46K)
32) 04-66 Approving the transfer of unspent and
unencumbered appropriations and cash between
capital improvement projects within the
Public Works & Utilities Department, Urban
Development Department, and Parks &
Recreation Department and designating the
unding source for street projects to be
funded from the recent issuance of Highway
Allocation Bonds in FY 04/05 and transferring
dollars made available to those projects to
other street projects within the Department
of Public Works & Utilities. (COOK SPLIT
ORDINANCE INTO 04-66A AND 04-66B; MTA #2 TO
AMEND 04-66A PASSED, 7-0; 04-66A PASSED AS
AMENDED, 5-2, DISSENTING: FRIENDT & SVOBODA,
#18347; 04-66B: PUBLIC HEARING CON'T W/
ACTION FOR 2 WEEKS TO 5/10/04, 7-0)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 04-46 Amending the Lincoln Municipal Code by repealing
Section 24.50.050, Permits and Inspections for
private water and sewer main installation.
(3/15/04 - Pending Indefinitely)
Fact Sheet (57K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 3, 2004 AT 5:30 P.M.:
(APPROVED, 7-0)
43) 04R-86 Appointing Dr. Debra A. Humphrey to the Lincoln-
Lancaster County Board of Health to fill an
unexpired term expiring April 15, 2007.
Application (95K)
44) 04R-92 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
April 1 - 15, 2004.
Attachment (30K)
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 (4/28/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (5/3/04).
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 2:13P.M.
UPCOMING CITY COUNCIL MEETING SCHEDULE
APRIL 26, 2004 - 1:30 P.M. MAY 17, 2004 - 1:30 P.M.
MAY 3, 2004 - 5:30 P.M. MAY 24, 2004 - 5:30 P.M. MAY 10, 2004 - 1:30 P.M.
MAY 31, 2004 - NO MEETING DUE TO MEMORIAL DAY HOLIDAY
***
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