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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 25, 2004 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT NEWMAN
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING (ITEMS 1 & 2 HAD 2ND READING)
1) 04-196 Vacation No. 04003 - Vacating the east-west alley
between 21st and 22nd Street, north of Vine
Street, and vacating that portion of 21st Street
between Vine and vacated W Street that has not
already been vacated or purchased by the Joint
Antelope Valley Authority, generally located at
21st and Vine Streets.
Fact Sheet (159K)
2) 04-197 Authorizing the issuance of not to exceed
$45,000,000 City of Lincoln, Nebraska Water
Revenue Bonds.
PUBLIC HEARING - RESOLUTIONS
3) 04R-239 Approving the Management Agreement for City of
Lincoln Parking Facilities between the City and
Republic Parking System for a four-year term.
Fact Sheet (56K)
Attachement (438K)
(AMENDED AGRMT., 6-0; ADOPTED AS AMENDED, 6-0;
A-83049)
4) 04R-283 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
October 1 - 15, 2004.
Fact Sheet (14K)
Attachement (32K)
(ADOPTED, 6-0; RECONSIDERED, 6-0; ADOPTED EXCEPT
FOR KATHERINE IRONS CLAIM, 6-0; A-83050)
5) 04R-284 Hearing on D&A Properties, LLC's Notice of Appeal
appealing from the impact fee determination of
Arterial Street Impact Fees for a child care
facility at 8310 Wendell Way and requesting a
waiver of said fees.
Approval (10K)
Denial (11K)
Fact Sheet (60K)
Attachment (12K)
(ADOPTED FOR DENIAL, 6-0; A-83051)
6) 04R-285 Special Permit 04036 - Application of Bob Rentfro
to develop Village Pointe at Capitol Beach
Community Unit Plan for 18 dwelling units with
requested waivers to the required lot area, lot
width, stormwater detention, recreation plan, and
the preliminary plat process, on property
generally located at W. Industrial Lake Drive and
Lamont Drive.
Fact Sheet (527K)
(ADOPTED, 6-0; A-83052)
7) 04R-286 Appointing Rev. S.T. Williams to the Community
Health Endowment Board of Trustees for a three-
year term expiring September 1, 2007.
(ADOPTED, 6-0; A-83053)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
8) MISCELLANEOUS REFERRALS
Clerk's letter and Mayor's approval of Ordinances
and resolutions passed By the Council on October 18, 2004.
(PLACED ON FILE)
Report of City Treasurer of City cash on hand at
the cloSe of business September, 30, 2004.(PLACED ON FILE)
Approving the distribution of funds representing interest
earnngs on short-term investments of Idle Funds during the
month ended September 30, 2004.(ADOPTED, 6-0; A-83054)
REPORTS OF CITY OFFICERS
9) Investment of Funds for the week of October 4
thru 15, 2004. ADOPTED, 6-0; A-83055)
10) Report from City Treasurer of Telecommunication
Occupation Tax for the month of Sept., 2004:
NOSVA, Excel, AmeriVision, Vartec, Claricom
Networks, Accessline. (PLACED ON FILE)
11) Assessment Resolution For Downtown Business
Improvement District for Board of Equalization
Monday, November 1, 2004 at 1:30 p.m.
(ADOPTED, 6-0; A-83056)
12) Assessment Resolution For Downtown Maintenance
Improvement District for Board of Equalization
Monday, November 1, 2004 at 1:30 p.m.
(ADOPTED, 6-0; A-83057)
13) Assessment Resolution For Downtown Core Business
Improvement District Overlay for Board of
Equalization Monday, November 1, 2004 at 1:30 p.m.
(ADOPTED, 6-0; A-83058)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 14 & 15 HAD 1ST READING)
14) 04-199 Change of Zone 04061 - Application of Aspen
Builders, Inc. for a change of zone from AGR
Agricultural Residential District to R-3
Residential District on property generally located
south of West A Street and east of S.W. 27th
Street.
Fact Sheet (139K)
15) 04-200 Amending Chapter 14.56 of the Lincoln Municipal
Code establishing a permit process for issuance of
a permit to place privately owned outdoor artwork
in the public right-of-way or on publicly owned
property.
ORDINANCES - 3RD READING & ASSOCIATED RESOLUTIONS
16) 04-190 Annexation 04004 - Amending the Lincoln Corporate
Limits Map by annexing approximately 10.23 acres
of property generally located at South 98th Street
and Old Cheney Road. (In connection w/04R-274,
04-191, 04R-271) (10/18/04 - Delayed Action
1 wk to 10/25/04)
Fact Sheet (382K)
(PASSED, 6-0; #18459)
17) 04R-274 Approving the Vintage Heights 4th Addition
Annexation and Zoning Agreement between the City
and Pine Lake Development, L.L.C., relating to the
annexation of approximately 10.23 acres, generally
located at South 98th Street and Old Cheney Road.
(In connection w/04-190, 04-191, 04R-271)
(10/11/04 - Action Delayed 1 wk to 10/18/04)
(10/18/04 - Delayed Action 1 wk to 10/25/04)
Attachment (291K)
(AMENDED AGRMT., 6-0; ADOPTED AS AMENDED,6-0;
A-83059)
18) 04-191 Change of Zone 04021 - Application of Pine Lake
Development, L.L.C. for a change of zone from AG
Agricultural and AGR Agricultural Residential to
R-3 Residential for approximately 10.23 acres
generally located at South 98th Street and Old
Cheney Road. (In connection w/
04-190, 04R-274, 04R-271) (10/18/04 -
Delayed Action 1 wk to 10/25/04)
Fact Sheet (489K)
(PASSED, 6-0; #18460)
19) 04R-271 Special Permit 1762B - Application of Pine Lake
Development L.L.C. to amend the Vintage Heights
Community Unit Plan to expand the boundary of the
community unit plan and waivers to the preliminary
plat process, wastewater collection system,
sanitary sewer running opposite street grades in
Vine Cliff Drive, transfer of sanitary sewer from
one basin to another, dead-end street to have a
60' minimum radius turnaround, lots exceeding a
maximum depth of three times its width for Lots 11
and 12, Block 33, and minimum lot depth of less
than 120 feet for lots abutting a major street for
Lots 8 and 9, Block 33, on property generally
located at South 98th Street and Old Cheney Road.
(In connection w/04-190, 04R-274, 04-191)
(10/11/04 - Action Delayed 1 wk to
10/18/04) (10/18/04 - Delayed Action 1 wk
to 10/25/04)
Fact Sheet (646K)
(ADOPTED, 5-1;WERNER DISSENTING A-83060)
20) 04-194 Street Name Change No. 04007 - Renaming a portion
of North 16th Street as "Rockford Drive" in the
North Hills 2nd Addition, generally located at
North 16th Street and Morton Street.
Fact Sheet (123K)
(PASSED, 6-0; #18461)
21) 04-195 Accepting a Warranty Deed for the right-of-way for
Blanchard Boulevard from Northwoods, LLC.
Attachment (68K)
(PASSED, 6-0; #18462)
RECONSIDERATION
22) 04R-241 Special Permit 04035 - Application of Chris Kodad
and Believer's Fellowship Church to develop
Andrea's Court Community Unit Plan consisting of
32 townhouse units and a church, with requested
waivers to eliminate the preliminary plat process,
detention/retention storage for storm water,
sidewalks on both sides of the private roadway,
minimum lot area, cul-de-sac geometry, and the
required yard setbacks, on property generally
located at 40th and Superior Streets. (10/18/04
- Voted to Reconsider 10/25/04)
(DELAYED ONE WEEK W/PUBLIC HEARING & ACTION ON
11/1/04, 4-2; CAMP, SVOBODA DISSENTING)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
23) 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)
24) 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)
25) 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)
26) 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)
27) 04-188 Annexation 03001 - Amending the Lincoln Corporate
Limits Map by annexing approximately 214 acres of
property generally located at North 56th Street
and Arbor Road. (In connection 04R-273, 04-189,
04R-272) (10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (237K)
28) 04R-273 Approving the North Bank Junction Annexation and
Zoning Agreement between the City and Roger &
Eldonna Schwisow and Hartland Homes, Inc. relating
to the annexation of approximately 214 acres or
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188, 04-
189, 04R-272) (10/11/04 - Placed on Pending
Indefinitely)
Attachment (527K)
29) 04-189 Change of Zone 3398 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow for a
change of zone from AG Agricultural to R-3
Residential for approximately 123 acres and H-4
General Commercial for approximately 21 acres on
property generally located at North 56th Street
and Arbor Road. (In connection w/04-188, 04R-
273, 04R-272) (10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (216K)
30) 04R-272 Special Permit 2004 - Application of Hartland
Homes, Inc., Rodger & Eldonna Schwisow to develop
125,000 sq. ft. of planned service commercial
floor area, with variances to the rear and side
yard setback requirements on property generally
located at North 56th Street and Arbor Road.
(In connection w/04-188, 04R-273, 04R-189, 04R-
272) (10/11/04 - Placed on Pending
Indefinitely)
Fact Sheet (535K)
31) 04-186 Change of Zone 04045B - Amending Chapter
27.63 of the Lincoln Municipal Code relating
to special permits by amending Sections
27.63.010, 27.63.070, 27.63.120, 27.63.130,
27.63.170, 27.63.210, 27.63.280, 27.63.400,
27.63.420, 27.63.430, 27.63.470, 27.63.530,
27.63.570, 27.63.580, and 27.63.590 to modify
provisions within said sections to allow
special permits to be approved by the
Planning Commission rather than the City
Council. (In connection w/04-185,
04-187, 04R-269) (10/11/04 - Placed on
Pending Indefinitely)
Fact Sheet (19K)
32) 04-187 Change of Zone 04045C - Amending Chapter 27.65 of
the Lincoln Municipal Code relating to community
unit plans by amending Section 27.65.020 to amend
the general requirements to grant the Planning
Commission authority to approve the special permit
and to allow the plan to propose modifications to
the height and area regulations of the district in
which the community unit plan is located; by
amending Section 27.65.030 to eliminate references
to City Council approval of community unit plans,
establishing standards for the Planning Commission
to follow in approving or denying an application
for a community unit plan, and providing for an
appeal from the Planning Commission's decision to
the City Council by an aggrieved party; by
repealing Section 27.65.040 to eliminate City
Council final action on the application; by
amending Section 27.65.050 to revise provisions
regarding development of the community unit plan
after its approval; by amending Section 27.65.060
to grant the Planning Director limited authority
to approve minor increases in the number of
dwelling units and to approve minor internal
changes to the applicable setback, yard or height
requirements within a community unit plan; by
amending Section 27.65.070 to delete the need for
the City Clerk to sign a certificate showing
approval or disapproval by the City Council; by
amending Section 27.65.090 to allow the Planning
Commission to modify parking requirements under
specified conditions. (In connection w/04-185,
04-186, 04R-269) (10/11/04 - Placed on
Pending Indefinitely)
Fact Sheet (19K)
33) 04R-269 Misc. No. 04009 - Amending Chapter 3.35 of the
City of Lincoln Design Standards for Community
Unit Plans to simplify the density calculation and
amend the cluster density. (In connection w/04-
185, 04-186, 04-187) (10/4/04 - Action
Delayed 1 wk to 10/11/04) (10/11/04 -
Placed on Pending Indefinitely)
Fact Sheet (16K)
Attachement (355K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 1, 2004 AT 1:30 P.M.:
(APPROVED, 6-0)
34) 04R-287 Appointing Ruthelen S. Sittler to the Lincoln Area
Agency on Aging Advisory Council to fill an
unexpired three-year term expiring July 1, 2006.
35) 04R-288 Hearing on Brubaker Rentals' Notice of Appeal
appealing from the impact fee determination of
Arterial Street Impact Fees imposed for the multi-
family dwelling located at 2300 B Street and
requesting a waiver of said fees.
Approval (10K)
Denial (67K)
Fact Sheet (58K)
36) 04R-289 Misc. 04010 - Amending Chapter 1.0, Section 2.2,
and Chapter 3.75 of the City of Lincoln Design
Standards to clarify and to modify provisions
relating to porches, principal facades, garages,
driveways and other standards, and to amend
procedures for waivers and appeals.
Attachment (76K)
Fact Sheet (561K)
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 (10/27/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (11/01/04).
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 7:25 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