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City of Lincoln City Council Office Formal Agenda/Action | |
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 17, 2004 AT 1:30 P.M.
UPCOMING CITY COUNCIL MEETING SCHEDULE - SEE LAST PAGE
ALL MEMBERS PRESENT
ELECTION OF CHAIR AND VICE CHAIR
(CHAIR: WERNER, 7-0; VICE CHAIR: SVOBODA, 7-0)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Aaron T. Funk for Empyrean
Brewing Co. at 729 Q Street. (ADOPTED FOR APPROVAL,
7-0; A-82752)
2) Manager application of Aaron T. Funk for Lazlo,
Inc. dba Empyrean Brewing/Lazlos/Fireworks at
700 - 710 P Street and 729 Q/210 N. 7th Street.
(ADOPTED FOR APPROVAL, 7-0; A-82753)
3) Manager application of Aaron T. Funk for Lazlos,
Inc. dba Lazlo's Brewery & Grill South at 5900 Old
Cheney Road. (ADOPTED FOR APPROVAL, 7-0; A-82754)
4) Manager application of Cauley Schaffert for
Wadsworth Old Chicago, Inc. dba Old Chicago at
2918 Pine Lake Road. (ADOPTED FOR APPROVAL,
7-0; A-82755)
5) Application of Lamp and McTaggert, Inc. dba Fat
Nappy's to expand their licensed premises by the
addition of an irregular shaped outdoor area
measuring 85' by 110' to the south at 5100 N. 48th
Street. (ADOPTED FOR APPROVAL, 7-0; A-82756)
PUBLIC HEARING
ORDINANCES - 2ND READING & ASSOCIATED RESOLUTIONS
(ITEMS 6 THRU 14 HAD 2ND READING; SEE ITEMS 8, 9 & 10)
6) 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)
Fact Sheet (357K)
7) 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)
Fact Sheet (598K)
8) 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)
(DELAYED ACTION FOR ONE WEEK TO 5/24/04, 7-0)
Attachment (93K)
9) 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) (DELAYED ACTION FOR ONE WEEK
TO 5/24/04, 7-0)
Fact Sheet (739K)
10) 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) (DELAYED
ACTION FOR ONE WEEK TO 5/24/04, 7-0)
Fact Sheet (732K)
11) 04-98 Change of Zone 04025 - Amending Section
27.71.120 of the Lincoln Municipal Code to
allow temporary concrete paving plants.
Fact Sheet (200K)
12) 04-99 Change of Zone 04026 - Application of the
Country Club and Irvingdale Neighborhood
Associations for a change of zone from R-4
Residential District to R-2 Residential
District on property generally located
between 17th and 30th Streets from South
Street to Woodcrest Street.
Fact Sheet (1007K)
13) 04-100 Amending Section 9.20.080 of the Lincoln Municipal
Code regarding panhandling by providing a more
specific definition of the offense including but
not limited to the time, place and manner of the
acts prohibited by said ordinance.
Fact Sheet (14K)
14) 04-101 Approving a lease agreement between the Lincoln-
Lancaster County Health Department and the Lincoln
Medical Education Partnership for the WIC Program
for a three-year period at 4600 Valley Road.
Attachment (204K)
Fact Sheet (46K)
PUBLIC HEARING - RESOLUTIONS
15) 04R-102 Appointing Georgia M. Glass to the Parks and
Recreation Advisory Board to fill an
unexpired term expiring April 27, 2006.
(ADOPTED, 7-0; A-82757)
Application (179K)
16) 04R-103 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the funding of the
citywide Safety Improvement project, Durable
Crosswalk Marking Project, at various locations.
(State Project No. STPP-5231(12), CN 12741, City
Project No. 701909). (ADOPTED, 7-0; A-82758)
Attachment (371K)
Fact Sheet (60K)
17) 04R-104 Approving an Agreement between the City and the
Nebraska Dept. of Roads for the funding of the
Intersection Safety Improvement project at S. 14th
Street and Highway 2. (State Project No. STPP-
5221(2), CN 12742, City Project No. 701908).
(ADOPTED, 7-0; A-82759)
Attachment (454K)
Fact Sheet (60K)
18) 04R-106 Waiving the right of the City of Lincoln to object
to the validity of the conveyance of that part of
Lot 1, Block 3, High Ridge West Acres First
Addition that lies east of a line 408.67 feet east
of the west lot line of said Lot 1, as measured
along the north and south lines of said Lot; and
the south 330 feet of the north 363 feet of Outlot
B, High Ridge West Acres Addition, lying west of
the Burlington Northern and Santa Fe Railway
Company right of way, except the west 460 feet
thereof, from ANT, LLC to Jack L. McDonald and
Lucinda C. McDonald on the ground that the
conveyance failed to comply with the requirements
relating to subdivision approval.
(ADOPTED, 7-0; A-82760)
19) 04R-110 Comp. Plan Amendment 03007 - Amending the 2025
Lincoln City - Lancaster County Comprehensive Plan
to remove reference to the determination of county
impact fees. (AMENDED, 6-1, DISSENTING: WERNER;
ADOPTED AS AMENDED, 7-0; A-82761)
20) 04R-111 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth therein for the period of
April 16 - 30, 2004. (ADOPTED, 7-0; A-82762)
Attachment (26K)
- END OF PUBLIC HEARING -
CONSENT AGENDA:
PETITIONS & COMMUNICATIONS
21) Informal Petition submitted by Diane M. Radniecki
requesting to create a graveling district on Nance
Road, which is north of Cornhusker Highway.
(REFERRED TO PUBLIC WORKS)
* Seacrest & Kalkowski, P.C. suggested changes to Flood Standards. (209K)
22) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
May 10, 2004. (PLACED ON FILE)
Investment of Funds for the week of May 3 thru
May 7, 2004. (ADOPTED, 7-0; A-82763)
Setting the hearing date of Monday, June 7, 2004
at 1:30 pm for an Application requesting an addition
to their premise at Grandstand LLC dba Bleachers Bar
& Grill located at 5601 South 56th Street, Suite 20.
(ADOPTED, 7-0; A-82764)
REPORTS OF CITY OFFICERS
23) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on May
3, 2004. (PLACED ON FILE)
24) Report of UNL Microbiologist for water testing for
the month of April, 2004. (PLACED ON FILE)
25) Report from City Treasurer of telecommunications
Occupation tax for the months of January thru
March, 2004: Telenational Communications Inc;
March, 2004: Cellular One, NE Tech &
Telecommunications Inc, ATS Mobile Telephone Co.
(PLACED ON FILE)
26) THE FOLLOWING WERE REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 04017 - Requested by Glen
Herbert, from AGR Agricultural Residential
district to R-3 Residential District, on
property generally located at South 84th
Street and Pine Lake Road.
Change of Zone No. 04028 - Requested by Urban
Development Department, from B-4 Lincoln
Center Business District to B-4 Lincoln
Center Business District Sign District, on
property generally located at
11th & P Streets.
Change of Zone No. 04029 - Requested by SID
#6, from AG Agricultural District and H-3
Highway Commercial District to H-3 Highway
Commercial District and R-1 Residential
District, on property generally located
at 82nd and West "O" Streets.
Change of Zone No. 04031 - Requested by Brian
D. Carstens, from I-1 Industrial District
and R-4 Residential District to R-4
Residential District, P Public Use District
and I-1 Industrial District to P Public Use
District, on property generally located at
North 33rd Street and Apple Street.
Change of Zone No. 04033 - Requested by Olsson
Associates, O-3 Office Park District to
B-2 Planned Neighborhood Business District,
on property generally located at North 26th
Street and Kensington Drive.
Change of Zone No. 04034 - Requested by Apple's Way,
LLC from AGR Agricultural Residential
District to R-3 Residential District,
on property generally located at South
66th Street and Highway 2.
Change of Zone No. 04035 - Requested by Madonna
Rehabilitation Hospital, from R-4
Residential District to O-3 Office Park
District, on property generally located
at Stephanie Lane and Pine Lake Road.
Special Permit No. 1713C - Requested by
Madonna Rehabilitation Hospital, amendment
to the Aspen 3rd Addition Community
Unit Plan, generally located at
Stephanie Lane and Pine Lake Road.
Special Permit No. 1763A - Requested by ESP
Inc, for a mining permit, on property
generally located at North 70th Street
and Arbor Road.
Special Permit No. 04011 - Requested by Glen
Herbert, Boulder Ridge Community Unit Plan,
for a combination of single-family, attached
two-family and apartments, totaling
approximately 461 dwelling units, with
request to waive sanitary sewer to run
opposite the street grade, on property
generally located at at South
84th Street and Pine Lake Road.
Special Permit No. 04014 - Requested by Patricia
Slaughter and Connie Heier, Whispering Creek
Community Unit Plan, for 51 single family lots,
with requests to waive sidewalks, street
trees, landscape screening, street
lighting, block length, and preliminary
plat, on property generally located at
South 112th Street and Old Cheney Road.
Special Permit No. 04020 - Requested by Thomas D.
Friedman, for a limited landfill, on property
generally located at 2861 West "O" Street.
Special Permit No. 04021 - Requested by Hope
Community Church, for a 49' ornamental
tower, on property generally located at
Highway 77 and Pioneers Boulevard.
Special Permit No. 04022 - Requested by Four
Suns Restaurant Inc, for the authority to
sell alcoholic beverages for consumption on
the premises, on property generally located
at 3239 South 13th Street.
Special Permit No. 04023 - Requested by Brian
D. Carstens, Flat Iron Crossing Community
Unit Plan, for approximately 34 single
family units, with requests to waive the
preliminary plat procedures, maximum block
length, sidewalks, depth to width lot ratio,
street trees, landscape screen,
recreational facility, location of the
water main and sanitary sewer, on
property generally located at North
33rd Street and Apple Street.
Special Permit No. 04024 - Requested by Kayla
J. Olmer, for the authority to sell alcohol for
consumption on the premises, on property
located at 2701 North 48th Street.
Special Permit No. 04026 - Requested by Madonna
Rehabilitation Hospital, for a 65,00 square foot
wellness center, on property generally
located at Stephanie Lane and Pine Lake
Road.
Use Permit No. 94B - Requested by Olsson
Associates, an amendment to increase the
boundaries, on property generally located
at North 26th Street and Kensington Drive.
Use Permit No. 04001- Requested by Madonna
Rehabilitation Hospital, for a 65,000 square foot
wellness center and a 45,000 square foot
medical office space, on property
generally located at Stephanie Lane and
Pine Lake Road.
27) Setting the hearing date of Monday, June 7, 2004
at 1:30 pm for an Application of Chun's Kitchen
Inc. dba China Inn for a Class J Liquor License
located at 2662 Cornhusker Highway, Suite 8.
(ADOPTED, 7-0; A-82765)
28) Setting the hearing date Monday, June 7, 2004 at
1:30 pm for an Application of Potential II LLC dba
Buffalo Wild Wings for a Class I Liquor License
located at 7301 South 27th Street, Suite 100.
(ADOPTED, 7-0; A-82766)
- END CONSENT AGENDA -
ORDINANCES - 1ST READING (ITEMS 29 THRU 33 HAD 1ST READING)
29) 04-83 Creating Grading District No. 152 in
the north/south alley N. 58th Street to
Touzalin Ave., Gladstone to Judson
Street and assessing the costs thereof
against the benefitted properties.
Attachment (600K)
Fact Sheet (58K)
30) 04-84 Creating Graveling District No. 341 in the
north/south alley N. 58th Street to Touzalin
Ave., Gladstone to Judson Street and
assessing the costs thereof against the
benefitted properties.
Attachment (600K)
Fact Sheet (59K)
31) 04-85 Creating Water District No. 1193 in Oaks
Hollow Lane, Stevens Ridge Estates and
assessing the costs thereof against the
benefitted properties.
Attachment (924K)
Fact Sheet (58K)
32) 04-86 Creating Paving District No. 2628 in North
36th Street, Vine to W Streets and assessing
the costs thereof against the benefitted
properties.
Attachment (887K)
Fact Sheet (58K)
33) 04-102 Renaming Upton Gray Lane to Upton Grey Lane
generally located at S. 56th Street and Pine Lake
Road to correct the spelling of said street.
Fact Sheet (114K)
ORDINANCES - 3RD READING & RESOLUTION FOR ACTION
34) 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. (PASSED, 7-0; 18368)
Fact Sheet (61K)
35) 04-88 Vacating a portion of 43rd Street south of
Sumner Street and authorizing the sale
thereof to Christ Lutheran Church.
(PASSED, 7-0; 18363)
Fact Sheet (705K)
36) 04-89 Vacating 120 feet of South 22nd Street
generally located at the intersection of
South 22nd Street and Wesley Drive.
(PASSED, 7-0; 18364)
Fact Sheet (218K)
37) 04-90 Renaming Jacob Drive as Jacobs Creek Drive
generally located west of South 27th Street
and south of Pine Lake Road.
(PASSED, 7-0; 18365)
Fact Sheet (111K)
38) 04-91 Repealing Chapter 24.50 of the Lincoln
Municipal Code, Sewer Main and Water Main
Systems on Private Property.
(PASSED, 7-0; 18366)
39) 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. (In
connection w/04R-100)
(PASSED, 7-0; 18367)
40) 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. (In connection
w/04-93) (5/10/04 - Action Delayed 1 week
to 5/17/04) (ADOPTED, 7-0; A-82767)
Fact Sheet (406K)
PENDING LIST - DATE CERTAIN
41) 04-92 Approving revisions to the Lincoln Smokefree Air Act.
(5/10/04 - To have Public Hearing & 2nd Reading 5/24/04)
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM 51)
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)
(WITHDRAWN, 7-0; 38-4473)
Fact Sheet (57K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 24, 2004 AT 5:30 P.M.:
(APPROVED, 7-0)
52) 04R-93 Ordering Paving Unit No. _____ constructed in
North 57th Street between Fremont and Hartley
Street and assessing the costs thereof against
the benefitted properties.
Attachment (618K)
Fact Sheet (53K)
53) 04R-112 Ordering Alley Paving District No. 362A
constructed in the east/west alley, 48th to 49th
Streets, Lowell to Meredeth Streets.
Attachment (470K)
Fact Sheet (55K)
54) 04R-113 Approving a Cooperative Agreement between the City
of Lincoln and the Lower Platte South NRD for the
management of the King Saline Wetland Site located
in a portion of the NW 1/4 of Section 31-11-7 and
a portion of the S ½ of Section 30-11-7.
Attachment (113K)
Fact Sheet (32K)
55) 04R-114 Approving the Proposed Best Management Practice
(BMP) and Dry Weather Storm Drainage Assessment:
Phase II to monitor urban water quality.
Attachment (421K)
Fact Sheet (58K)
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 (5/19/04) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING (5/24/04).
Danny Walker Topic: DLA Dumping Area in My Neighborhood
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 2:46PM
UPCOMING CITY COUNCIL MEETING SCHEDULE
MAY 24, 2004 - 5:30 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