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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
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