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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 3, 2004 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
UPCOMING CITY COUNCIL MEETING SCHEDULE - SEE LAST PAGE
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING - RESOLUTIONS
1) 04R-86 Appointing Dr. Debra A. Humphrey to the
Lincoln-Lancaster County Board of Health to
fill an unexpired term expiring April 15, 2007.
(ADOPTED, 6-0; A-82727)
2) 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
April1 - 15, 2004. (ADOPTED, 6-0; A-82728)
Attachment (30K)
Fact Sheet (13K)
PUBLIC HEARING
ORDINANCES - 3RD READING
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. (4/26/04 - Public
Hearing Con't. W/ Action 5/3/04)
(PASSED, 6-0; #18348)
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. (4/26/04 -
Public Hearing Con't. W/ Action 5/3/04)
(PASSED, 6-0; #18349)
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. (4/26/04 - Public
Hearing Con't. W/ Action 5/3/04)
(PASSED, 6-0; #18350)
Attachment (587K)
Fact Sheet (45K)
- END OF PUBLIC HEARING - BEGIN VOTING SESSION -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
6) Informal Petition submitted by Steel
Fabricators Inc. located at 2400 South Folsom
requesting the addition of city sewer and
wastewater services to be incorporated into
their special assessment. (REFERRED TO PUBLIC
WORKS ON 4/26/04)
7) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
8) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
April 26, 2004. (PLACED ON FILE)
9) Investment of Funds for the week of April 19
thru April 23, 2004. (ADOPTED, 6-0; A-82729)
10) Request of Public Works to set a Public Hearing
date of Monday, May 24, 2004, at 5:30 p.m. and
place on the formal City Council Agenda the following:
(APPROVED, 6-0)
04R-93 To provide authority to create a Paving
Unit in North 57th Street from
Fremont Street to Hartley Street and
assess the cost thereof against the
benefitted properties.
04-83 To provide authority to create and
construct an Alley Grading District
to improve a platted alley & open
the north/south alley being North
58th to Touzalin Avenue,
Gladstone Street to Judson Street
and assess the cost thereof against
the benefitted properties.
04-84 To provide authority to create and
construct an Alley Graveling
District to improve a platted alley
& open the north/south alley being
North 58th to Touzalin Avenue,
Gladstone Street to Judson
Street and assess the cost thereof
against the benefitted properties.
04-85 To provide authority to create and
construct a Water District being
Oaks Hollow Lane, Stevens Ridge
Estates and assess the cost thereof
against the benefitted properties.
04-86 To provide authority to create a
Paving District in North 36th Street,
Vine to W Streets and assess the cost
thereof against the benefitted
properties. (Required a Motion)
11) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPARTMENT:
Use Permit No. 123B - Requested by Don Linscott,
to amend the use permit to allow to be
located more than 30' from the pat
site building and reduce the front
yard setback for signs on property
generally located at North 33rd and
Superior Street.
Special Permit No. 1726B - requested by Brian D.
Carstens and Associates on behalf of West
Park LLC, for 6 additional town home units
on property generally located at SW 15th
Court and West A Street.
Special Permit Amendment No. 1762B - requested by
Pine Lake Dev. LLC to amend the boundary of
the Vintage Heights Community Unit Plan
with waiver requests to eliminate the
preliminary plat process, wastewater
collection system, sanitary sewer running
opposite street grades, transfer of sanitary
sewer from one basin to another, dead end
street to have 60' minimum radius turnaround,
and lots exceeding a maximum depth of three
times its width, on property generally
located at South 98th Street and Old Cheney Road.
Special Permit Amendment No. 1870A - requested by
Gerry and Dianne Krieser, to expand the
boundary of Stevens Creek Ridge Community
Unit Plan to increase the permitted number of
dwelling units, with requests to waive sidewalks,
street trees, street lighting, landscape
screening, and block length, on property
generally located at North 134th Street and
Holdrege Street.
Change of Zone No. 04009 - requested by Olsson
Associates from AG Agricultural District to
R-3 Residential District on property generally
located at South 56th Street and Yankee Hill
Road.
Change of Zone No. 04010 - requested by Ron Tonniges,
from AG Agricultural District to R-1 Residential
District on property generally located at
South 84th Street and South Street.
Change of Zone No. 04021, requested by Pine Lake
Development LLC, from AG Agricultural District
and AGR Residential Agricultural District to R-3 Residential District, on property generally
located at South 98th Street and Old Cheney Road.
12) Setting the hearing date of Monday, May 17, 2004 at
1:30 pm for a Manager Application of Aaron T. Funk for
Empyrean Brewing Co. dba Empyrean Brewing Co. located
at 729 Q Street. (ADOPTED, 6-0; A-82730)
13) Setting the hearing date of Monday, May 17, 2004 at
1:30 pm for a Manager Application of Aaron T. Funk for
Lazlo's Inc. dba Lazlo's Brewery & Grill - South located
at 5900 Old Cheney Road. (ADOPTED, 6-0; A-82731)
14) Setting the hearing date of Monday, May 17, 2004 at
1:30 pm for a Manager Application of Aaron T. Funk for
Lazlo Inc. dba Empyrean Brewing/Lazlo's/Fireworks located
at 700-710 P Street, 729 Q Street, and 210 North 7th Street.
(ADOPTED, 6-0; A-82732)
15) Setting the hearing date of Monday, May 17th, 2004 at
1:30 pm for a Manager Application of Cauley Shaffert
for Wadsworth Old Chicago dba Old Chicago located at
2918 Pine Lake Road. (ADOPTED, 6-0; A-82733)
16) Setting the hearing date of Monday, May 17th, 2004 at
1:30 pm for Application of Lamp and McTaggert, Inc dba
Fat Nappy's for an addition to their licensed
premise located at 5100 North 48th Street.
(Class I Liquor License Holder)
(ADOPTED, 6-0; A-82734)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 17 THRU 23 HAD 1ST READING; SEE ITEM 22)
17) 04-87 Repealing Ordinance No. 18154 which created
Re-Paving District No. 156 in South
Coddington Ave. from West O Street south
approximately 1200 feet, due to the lack of
majority petition.
Fact Sheet (61K)
18) 04-88 Vacating a portion of 43rd Street south of
Sumner Street and authorizing the sale
thereof to Christ Lutheran Church.
Fact Sheet (705K)
19) 04-89 Vacating 120 feet of South 22nd Street
generally located at the intersection of
South 22nd Street and Wesley Drive.
Fact Sheet (218K)
20) 04-90 Renaming Jacob Drive as Jacobs Creek Drive
generally located west of South 27th Street
and south of Pine Lake Road.
Fact Sheet (111K)
21) 04-91 Repealing Chapter 24.50 of the Lincoln
Municipal Code, Sewer Main and Water Main
Systems on Private Property.
22) 04-92 Approving revisions to the Lincoln Smokefree
Air Act. (WITHDRAWN, 5-1; DISSENTING:
SVOBODA, #38-4472)
23) 04-93 Change of Zone 04002 - Application of Stone
Bridge Creek, L.L.C. for a change of zone
from R-3 Residential to B-2 Planned
Neighborhood Business District, on property
generally located at North 14th Street and
Arbor Road.
ORDINANCES - 3RD READING
24) 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.
(PASSED, 6-0; #18351)
Attachment (177K)
Fact Sheet (57K)
- END VOTING SESSION -
PUBLIC HEARING RE-OPENED ON THE FOLLOWING:
ORDINANCES - 2ND READING & RESOLUTIONS
FLOOD STANDARDS FOR NEW GROWTH AREAS
PUBLIC HEARING MONDAY, MAY 3, 2004 AT 5:30 P.M.
(PUB. HEARING CON'T TO 5/10/04, 5-1, DISSENTING: NEWMAN;
PUB. HEARING TO BEGIN AT 4PM ON ITEMS 25 THRU 40, 6-0)
25) 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."
26) 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.
27) 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.
28) 04-75 Amending Title 26 of the Lincoln Municipal
Code by creating a new Chapter 26.24, Flood
Regulations for Existing Urban Area.
29) 04-76 Amending Title 26 of the Lincoln Municipal
Code by creating a new Chapter 26.25, Flood
Regulations for New Growth Areas.
30) 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.
31) 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".
32) 04-79 Amending Title 27 of the Lincoln Municipal
Code by adding a new Chapter 27.52, Flood
Regulations for Existing Urban Area.
33) 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.
34) 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.
35) 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.
36) 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)
37) 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)
38) 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.
39) 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.
40) 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)
- END PUBLIC HEARING -
PENDING LIST - DATE CERTAIN
41) 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 funding 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. (4/26/04 -
Ordinance split into 04-66A & 04-66B; 04-66B to have
con't. Public Hearing and Action 5/10/04)
PENDING LIST (EXTENDED ONE WEEK)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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 10, 2004 AT 1:30 P.M.:
(APPROVED, 6-0)
52) 04R-94 Appointing John Williams to the Community Forestry
Advisory Board to fill an unexpired term expiring
August 17, 2005.
Application (65K)
53) 04R-95 Approving a 1 year/200 hour lease with option to
renew for three one-year periods between the City
and Platte Valley Equipment Company to provide a
mechanical front wheel assisted tractor to apply
biosolids generated at the Northeast Wastewater
Treatment Facility.
Attachment (383K)
Fact Sheet (52K)
54) 04R-96 Approving an Agreement between the City and the
Nebraska Department of Roads for reimbursement of
eligible Federal Funds for design engineering,
right-of-way, non-betterment utility
rehabilitation, construction and construction
engineering for the Antelope Valley Y Street
Bridge and Roadway Project.
Attachment (384K)
Fact Sheet (62K)
55) 04R-97 Approving Supplemental Agreement No. 1 between the
City and the Nebraska Department of Roads for
reimbursement of eligible Federal Funds for the
Antelope Valley Vine Street Bridge and Roadway
Project.
Attachment (60K)
Fact Sheet (60K)
56) 04R-98 Approving Supplemental Agreement No. 1 between the
City and the Nebraska Department of Roads for
reimbursement of eligible Federal Funds for the
Antelope Valley Military Road and Bridge Project.
Attachment (59K)
Fact Sheet (59K)
57) 04R-99 Special Permit 04016 - Application of Yeutter
Family, L.L.C. and Northern Lights, L.L.C. to
develop Northern Lights Commercial Center for
approximately 103,400 sq. ft. of floor area of
planned service commercial, and requested waivers
of the setback requirements and to treat the area
as a commercial center rather than individual
lots, on property generally located west of North
84th Street and north of Holdrege Street.
Fact Sheet (247K)
58) 04R-100 Special Permit 04004 - Application of Stone Bridge
Creek L.L.C. to develop Stone Bridge Creek
Community Unit Plan for 759 dwelling units and
requested waivers to eliminate the preliminary
plat process, to allow increased lot depth-to-
width ratio, to allow double frontage lots along
Alvo Road, and to delay the filing of a use
permit, on property generally located at North
14th Street and Arbor Road.
Fact Sheet (406K)
59) 04R-101 Special Permit 1423-I - Application of HiMark
Golf, L.L.C. to amend HiMark Estates Community
Unit Plan to replace the 272 multiple-family units
with 31 single-family units, for a total of 344
dwelling units, and waivers to the requirement for
a preliminary plat, minimum lot area, and minimum
width for major streets, on property generally
located at South 90th Street and Old Cheney Road.
Fact Sheet (489K)
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 (5/5/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (5/10/04).
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 8:07 P.M.
UPCOMING CITY COUNCIL MEETING SCHEDULE
MAY 10, 2004 - 1:30 P.M. MAY 24, 2004 - 5:30 P.M.
MAY 17, 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