City Council
Agenda
ACTION From The Regular City Council Meeting Held
Monday, April 5, 1999 At 1:30 p.m.
ALL MEMBERS PRESENT.
PUBLIC HEARING ORDINANCES - 2ND READING (ITEMS 1 THRU 9 HAD PUBLIC HEARING.)
1) 99-23 Creating Water Dist. 1178 in W. Adams St. from NW 53rd St. to
NW 56th St. & in NW 56th St. from W. Adams St. south approx.
550' to the south line of Airport Heights 1st Add. (In
connection w/99-24, 98-193) (PLACED ON PENDING, 7-0.)
2) 99-24 Creating Sewer Dist. 1172 from a point located 150' southwest
of W. Kingsley & NW Michael Sts. to the south line of Airport
Heights 1st Add. located 175' west of NW 56th St. (In
connection w/99-23, 98-193) (PLACED ON PEND-ING, 7-0.)
3) 98-193 Amending the corporate limits of the City by annexing one lot
& a portion of another lot generally located N.W. 56th & W.
Adams Sts. (In connection w/99-23, 99-24)
(SUB. ORD. ACCEPTED, 7-0; PLACED ON PENDING, 7-0.)
4) 99-25 Creating Improvement Dist. 182 in 23rd St. from Fletcher Ave.
north 429'. (In connection w/99-31, 99-32, 99-33, 99R-104)
5) 99-30 Amending pay schedules of employees whose classifications are
assigned to the pay range prefixed by the letter "A" by
creating the job classification of "Ser-vices Coordination
Supervisor" & amending pay schedules of employees whose
classifications are assigned to the pay range prefixed by
the letter "C" by deleting the job classifications of
"Community Resource Technician I" & "Community Resource
Technician II".
6) 99-31 Amending the corporate limits of the City by annexing approx.
56.2 acres of land generally located at N. 27th St. & Fletcher
Ave. (In connection w/99-25, 99-32, 99-33, 99R-104)
(PUB. HEARING CONT'D W/3RD READING ON 4/12/99, 7-0.)
7) 99-32 Change of Zone 3144 - App. of Hampton Development Services
for a change from R-3 Residential to H-3 Hwy. Commercial on
property generally located on N. 27th St., north of Fletcher
Ave. (In connection w/99-25, 99-31, 99-33, 99R-104)
(PUB. HEARING CONT'D W/3RD READING ON 4/12/99, 7-0.)
8) 99-33 Change of Zone 3156 - App. of Hampton Development Services
for a change from R-3 Residential to H-3 Hwy. Commercial on
property generally located on N. 27th St., south of Fletcher
Ave. (In connection w/99-25, 99-31, 99-32, 99R-104)
(PUB. HEARING CONT'D W/3RD READING ON 4/12/99, 7-0.)
9) 99-34 Amending Chapter 5.04 of the LMC relating to Alcoholic
Liquor to define "bottle clubs" & by adding a new section to
prohibit bottle clubs. (RULES SUSPENDED TO HAVE 3RD READING
W/THE EMERGENCY CLAUSE ON THIS DATE, 7-0; PASSED, 7-0;
#17484.)
PUBLIC HEARING - RESOLUTIONS
10) 99R-100 Appointing George Hancock to the Board of Zoning Appeals to
fill an unexpired term expiring May 2, 2003.
(ADOPTED, 6-0; JOHNSON ABSENT; A-79369.)
11) 99R-101 Special Permit 1271D - App. of Brester Construction to amend
Trendwood C.U.P. to add 1 two-family dwelling unit & 1 single
family dwelling unit & to waive the sanitary sewer design
standard, on property generally located at S. 84th St. & Karl
Ridge Rd. (ADOPTED, 7-0; A-79370.)
12) 99R-102 Special Permit 1512C - App. of Autumn Ridge Partners, Ridge
Hollow Part-ners, L.L.C., & Ridge Hollow Partners II, L.L.C.,
to amend Autumn Ridge C.U.P. to reduce the number of units
on the undeveloped western portion from 60 single family
units & 100 multi-family units to 69 single family units & 30
attached single family units & to adjust the front yard
setback from 25' to 20' in the area zoned R-4, & modify the
recreation plan to eliminate the previously approved tot lot,
on property generally located at N. 21st St. & Atwood Ln.
(In connection w/99R-103) (ADOPTED, 7-0; A-79371.)
13) 99R-103 Accepting & approving the Pre. Plat of Autumn Ridge West on
property generally located at N. 21st St. & Atwood Ln. (In
connection w/99R-102) (ADOPTED, 7-0; A-79372.)
14) 99R-104 Accepting & approving the Pre. Plat of North Creek on
property generally located at N. 27th St. & Fletcher Ave.
(In connection w/99-25, 99-31, 99-32, 99-33) (PUB. HEARING
CONT'D W/ACTION ON 4/12/99, 7-0.)
PUBLIC HEARING - RESOLUTIONS - PROPOSED COMP. PLAN AMENDMENTS
* Need 5 votes to be Adopted
15) 99R-61* Comp. Plan Amend. 94-30-3 - Amend the Comp. Plan to change
one square mile of land generally located between SW 40th St.
& SW 77th St. from Agricultural to Low Density Residential.
(ADOPTED, 7-0; A-79373.)
16) 99R-73 Comp. Plan Amend. 94-30-13 - Amend Appendix A, Subarea Plans,
to provide that a future subarea plan for the N1-N2 Planning
Zone in the general vicinity of N. 56th St. & I-80 should be
developed prior to further development actions in the area.
(ADOPTED, 5-2; SHOECRAFT & WILSON DISSENTING; A-79374.)
17) 99R-77* Comp. Plan Amend. 94-30-17 - To set forth in the Comp. Plan
a requirement that developers pay 100% of the costs of
infrastructure not planned & budgeted for in the Capital
Improvement Program, to adopt a procedure to declare a
moratorium for environmentally sensitive areas, & to enact a
land disturbance ordinance. (INDEFINITELY POSTPONED, 7-0;
#38-4300.)
18) 99R-80 Comp. Plan Amend. 94-30-21 - Amend Chapter V, Section D,
Stormwater Management & Flood Control to include additional
floodplain strategies. (Motion to Amend) (REFERRED BACK TO
PLANNING COMMISSION W/STAFF INPUT FOR IT TO BE HELD UNTIL THE
STORM WATER & FLOOD PLAIN ORDINANCE CHANGES COME FORWARD WITH
ECOLOGICAL CONSIDERATIONS, 7-0.)
19) 99R-83 Comp. Plan Amend. 94-30-24 - Amend the Comp. Plan by revising
Figure 65 to include a portion of the Stevens Creek drainage
basin the Future Service Limit.
(AMENDED, 7-0; ADOPTED, 7-0; A-79375.)
PETITIONS & COMMUNICATIONS
20) THE FOLLOWING WERE REFERRED TO THE PLANNING DEPT.:
Change of Zone 3170 - App. of Jay DeGraw for a change from
B-1 to R-4 on property at 1715 S. 26th St.
Change of Zone 3173 - App. of Earl Lampshire for a text
change to LMC §27.080(f)(1)(i).
Change of Zone 3176 - App. of Interim Director of Planning
for a text change to LMC §27.63.530.
Special Permit 552B - App. of Christian Retirement Homes to
expand existing elderly housing & nursing home facility with
assisted living (domiciliary) on property located at 64th &
"O" St.
Special Permit 922D - App. of Olston's Import Auto Salvage to
expand & operate a salvage yard at 3450 N. 35th Cir.
Special Permit 1768 - App. of Andrew Arnold to construct a
monopole cellular communications tower on property located
at N. 40th & Arbor.
21) MISCELLANEOUS REFERRALS
Report from City Treasurer of Telecomm. Occ. Tax due for the
month of Feb., 1999 from: Comdata Telecom, Calls for Less,
Lincoln Celtelco, Working Assets Funding Service, Frontier
Comms., LCI Internat'l, Eclipse Telecomms., & Phoenix
Network. (PLACED ON FILE.)
Setting hearing date of Mon., April 19, 1999, at 1:30 p.m. on
the App. of Perk Group Ltd. dba Old Fashioned Garden Cafe for
a Retail Class C Liquor License at 6891 "A", Suite #110.
(Upgrade from a Class I) (ADOPTED, 7-0; A-79376.)
Setting hearing date of Mon., April 19, 1999, at 1:30 p.m. on
the App. of X-Treme Enterprises Ltd. dba Wimberley's for a
Retail Class C Liquor License at 1033 "O" St.
(ADOPTED, 7-0; A-79377.)
REPORTS OF CITY OFFICERS
22) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on March 22, 1999. (PLACED ON FILE.)
23) Investment of Funds. (ADOPTED, 7-0; A-79378.)
24) Report from City Treasurer of Telecomm. Occ. Tax due for
Feb., 1999 from: Airtime SMR, Coast Internat'l, Shaffer
Comms., Spring Comm. Co. Ltd. Partnership, Telco Development
Group, McLeod USA Telecomms., & USA Paging.
(PLACED ON FILE.)
ORDINANCES - 1ST READING (ITEMS 25 & 26 HAD 1ST READING.)
25) 99-35 Amending the corporate limits of the City by annexing
property generally located near S. 14th St. & Pine Lake Rd.
(In connection w/99-36, 99R-107, 99R-108, 99R-111)
(Requesting 2nd & 3rd Reading on 4/12/99)
26) 99-36 Change of Zone 3157 - App. of Krueger Development Co. for a
change from AG Agricultural to R-3 Residential & B-2 Planned
Neighborhood Business Dist. on property generally located
near S. 14th St. & Pine Lake Rd. (In connection w/99-35,
99R-107, 99R-108, 99R-111) (Requesting 2nd & 3rd Reading on
4/12/99)
RESOLUTIONS FOR COUNCIL ACTION - HAD PUBLIC HEARING
27) 99R-99 Accepting the report of the Christopher North Tort Claim
against the City & approving disposition of claims set forth
therein for the period of March 1 through 15, 1999. (All
other disposition of Claims for the period of March 1
through 15, 1999 were adopted 3/29/99) (LOST, 1-6; HECHT
ASSENTING; #38-4301; MOTION MADE TO PAY MR. NORTH $75
APPROVED, 7-0.)
PROPOSED COMP. PLAN AMENDMENTS
*Need 5 votes to be Adopted
28) 99R-60 Comp. Plan Amend. 94-30-2 - Amend Figure 16 & 17 to change
property from Low Density Residential to Urban Residential &
Parks & Open Space, & to expand the future service limit in
the area between 56th & 70th Sts. from approx. south of Hwy.
2 to Yankee Hill Rd. (ADOPTED, 7-0; A-79379.)
29) 99R-62* Comp. Plan Amend. 94-30-4 - Amend Chapter VII, Urban Design &
Historic Preservation to add the development of entry
corridor design standards for the City of Lincoln to the list
of strategies. (ADOPTED, 7-0; A-79380.)
30) 99R-63 Comp. Plan Amend. 94-30-5 - Amend Chapter III, Future Needs
& Land Use Plan, to add Investment Strategy for a Competitive
Downtown to the list of strategies. (ADOPTED, 7-0; A-79381.)
31) 99R-64 Comp. Plan Amend. 94-30-6 - Amend Chapter III, Land Use Plan,
Neighborhood Centers to locate neighborhood commercial areas
generally at the ½ mile points between intersections &
away from the intersection of two major arterial streets.
(ADOPTED, 7-0; A-79382.)
32) 99R-65 Comp. Plan Amend. 94-30-7 - Amend the Comp. Plan to update
the City & County Land Use Plans & Phasing Plan to reflect
actions of the past year. (ADOPTED, 7-0; A-79383.)
33) 99R-66 Comp. Plan Amend. 94-30-8(1) - Amend Figure 16 to change land
use designation for the Employment Center on the west side of
N. 27th St. & south of I-80 from Industrial to Commercial.
(ADOPTED, 7-0; A-79384.)
34) 99R-67* Comp. Plan Amend. 94-30-8(2) - Amend Chapter III, Section E
"Industrial Land" to eliminate the "Employment Center"
designations on the west side of N. 27th St. & I-80 & to add
an employment center at N. 33rd & Folkways Blvd.
(LOST, 0-7; #38-4302.)
35) 99R-68 Comp. Plan Amend. 94-30-8(3) - Amend Appendix A, Part I,
Approved Subarea Plans to modify the "North 27th St. Subarea
Plan" to show the conversion of the Employment Center west of
27th St. to Commercial & to show all street & zone changes
since implementation. (ADOPTED, 7-0; A-79385.)
36) 99R-69 Comp. Plan Amend. 94-30-8(4) - Amend Chapter IV,
Transportation, Part C, "Future Traffic Volumes & Future
Urban Street Network" to add a strategy giving high priority
to a study of the Hwy. 34 - I-80 area.
(ADOPTED, 7-0; A-79386.)
37) 99R-70 Comp. Plan Amend. 94-30-9 - Revise Figure 31, Improvements
for Future Road Network, & Table 10, Transportation Projects,
to include a potential overpass at 3rd & A Sts.
(ADOPTED, 7-0; A-79387.)
38) 99R-71 Comp. Plan Amend. 94-30-10 - Amend Figure 31, Improvements
for Future Road Network 1-20 Year Program, & Table 10,
Transportation Projects Year 2015, to designate Adams St.
from 74th St. to 84th St. as two through lanes with painted
turn lanes. (ADOPTED, 7-0; A-79388.)
39) 99R-72 Comp. Plan Amend. 94-30-12 - Amend Figures 31 & 32 to add in
Phase I of Transportation Projects a project to widen Vine
St. between Mahoney Dr. & 58th St. to 5 lanes.
(ADOPTED, 7-0; A-79389.)
40) 99R-74 Comp. Plan Amend. 94-30-14 - Amend Figure 61, Existing &
Proposed City of Lincoln Fire Station Locations, to update
the City of Lincoln Proposed Fire Stations.
(ADOPTED, 7-0; A-79390.)
41) 99R-75 Comp. Plan Amend. 94-30-15 - Amend Figure 58 "Lincoln Public
Schools: Existing & Future School Locations" to reflect
numerous new school locations. (ADOPTED, 7-0; A-79391.)
42) 99R-76 Comp. Plan Amend. 94-30-16 - Amend Figure 55 "Proposed
Regional Park, Community Parks & Neighborhood Parks" & Figure
56 "Proposed Recreational Facilities" to update changes in
proposed recreational plans & amend the text in Chapter 1
Part A.3.d. regarding Community Centers/Recreation Centers.
(ADOPTED, 7-0; A-79392.)
43) 99R-78 Comp. Plan Amend. 94-30-18 - Amend Figure 16 to change land
located at approx. NW 56th St. on both sides of Adams St.
from Low Density Residential to Urban Residential.
(ADOPTED, 7-0; A-79393.)
44) 99R-79 Comp. Plan Amend. 94-30-20 - Amend Figure 16 to change land
located at approx. S. 84th St. & Glynoaks Dr. from Urban
Residential to Urban Village & Parks & Open Space.
(ADOPTED, 7-0; A-79394.)
45) 99R-81 Comp. Plan Amend. 94-30-22 - Amend the Comp. Plan to change
property located between South Coddington & SW 40th St.,
south of W. Pioneers Blvd. from Agricultural to Urban
Residential, to expand the future service limit accordingly,
& to designate such area as Phase I.
(ADOPTED, 7-0; A-79395.)
46) 99R-82* Comp. Plan Amend. 94-30-23 - Amend the Comp. Plan by revising
Figure 16 to change approx. 80 acres of property located at
SW 56th & W. "O" Sts. from Agricultural to Industrial & by
revising Figure 65 to add it to the Future Service Limit.
(AMENDED, 7-0; ADOPTED, 7-0; A-79396.)
47) 99R-84* Comp. Plan Amend. 94-30-25 - Amend the Comp. Plan to add
various environmental policies regarding recycling, a
moratorium on development next to Wilderness Park, & to
decentralize StarTran.
(INDEFINITELY POST-PONED, 7-0; #38-4303.)
48) 99R-85 Comp. Plan Amend. 94-30-26 - Amend the Comp. Plan to acquire
right-of-way for Yankee Hill Rd., to study the feasibility
of crossing Wilderness Park with an arterial street, & to
study the relationship between the South beltway & a major
four lane arterial street. (WITHDRAWN, 7-0; #38-4304.)
49) 99R-86 Comp. Plan Amend. 94-30-27 - Amend the Comp. Plan to add
language to the Annexation Policy to clarify that annexation
might occur for purposes of assessment districts.
(ADOPTED, 7-0; A-79397.)
ORDINANCES - 3RD READING
50) 99-26 Approving a transfer of appropriations in the amount of
$13,379 from the Police Garage, Buildings (04025.5132) to
Police Garage, Parking Improvements (04025.6139) to fund the
paving of additional parking adjacent to an existing parking
lot at the Police Garage. (PASSED, 7-0; #17485.)
51) 99-27 Declaring approx. 1.219 acres of property located in the
SE¼ of the NE¼ of Section 1, T12N, R9E, adjacent to
the Ashland Water Treatment Plant as surplus & authorizing
the sale thereof.
(SUB. ORD. ACCEPTED, 7-0; PASSED, 7-0; #17486.)
52) 99-29 Amending the corporate limits of the City by annexing approx.
21.3 acres of land consisting of a portion of the N. 48th St.
Landfill & Transfer Station site at approx. 5101 N. 48th St.
(PASSED, 7-0; #17487.)
PENDING LIST (EXTENDED ONE WEEK.)
53) 94R-361 Ordering Construction of Paving Unit 123 in N St. between 1st
& 2nd Sts. (12/19/94 - Placed on Pending)
54) 95-128 Change of Zone 2912 - App. of Don Fauth for a change from AG
to AGR on property generally located ½ mi. west of
Coddington at SW 27th St. & Old Cheney Rd. (10/14/96 -
Placed on Pending)
55) 97-6 Vacating that portion of 11th St. lying between the north
R-O-W line of Y St. & the northwesterly line of Burlington
Northern R.R. R-O-W in the NE¼ of Sec. 23, T10N, R6E.
(2/3/97 - Placed on Pending until receipt of money)
56) 97-66 Change of Zone 3023 - App. of the Planning Director for a
change from B-2 Planned Neighborhood Business to R-5
Residential on property generally located at 7401 Pioneers
Blvd. (6/9/97-Placed on Pending)
57) 98-52 Declaring city-owned property legally described as the
Remaining Portion of Lots 226-229, Ridgeview Add., except
the north 10' of said lots, generally located at N. 5th &
Adams St., as surplus & authorizing the sale thereof.
(4/6/98 - Placed on Pending)
58) 97-122 Amending §5.04.060 of the LMC to prohibit issuance of
special designated licenses for sale of liquor to the
general public in the downtown area on home football game
days. (8/25/97 - Amended; Placed on Pending)
59) 97-142 Change of Zone 3076 - App. of Dustrol, Inc. for a change from
AG Agricul-tural to H-4 General Commercial on property
generally located on the south side of Arbor Rd., west of N.
56th St. (9/22/97 - Placed on Pending)
60) 98-104 Vacating the alley immediately north of W. C St. & west of
SW 1st St. & a portion of the alley immediately south of W.
B St. between Sw 1st & S. 1st St. (7/13/98 - Placed on
Pending) (3/29/99 - To Have Pb. Hearing & Action on 4/12/99)
61) 98-153 Change of Zone 3141 - App. of Randy Rohlmeier for a change
from R-2 Residential to I-1 Industrial, on property generally
located at the southwest corner of N. 33rd St. & Leighton
Ave. (9/21/98 - Placed on Pending)
62) 98R-370 Approving an exception to the Guidelines & Regulations for
Driveway Design & Location requirements of vehicle stacking
for Lincoln Federal Savings at 70th & "O" Sts. (11/23/98 -
Placed on Pending for 30 days)
63) 98R-373 Special Permit 1739 - Appeal of Trinity United Methodist
Church from the Planning Commission requirement that the
driveway be removed from the 20' front yard setback in the
parking lot generally located at 16th & "A" Sts.
(11/30/98 - Placed on Pending)
64) 99-10 Change of Zone 3129 - App. of Lincoln Federal Savings Bank
for a change from R-3 Residential to O-3 Office Park on
property generally located at 77th St. & Pioneers Blvd.
(2/22/99 - Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC
HEARING ON MONDAY, APRIL 12, 1999:(APPROVED, 7-0.)
65) 99R-105 Accepting the report of new & pending tort claims against the
City & approving disposition of claims set forth therein for
the period of March 15 through 31, 1999.
66) 99R-106 Special Permit 1610B - App. of Charles Dennis Randal
Development to construct 3 elderly housing units to the
existing domiciliary care facility, to reduce the rear yard
setback, & to waive the sidewalk in N. 58th St. on property
generally located at 1/2 block north of Fremont St. between
56th & 58th Sts.
67) 99R-107 Special Permit 1753 - App. of Krueger Development Co. to
develop Vavrina Meadows C.U.P. consisting of 399 single
family dwelling units & 219 multi-family dwelling units on
property generally located near S. 14th St. & Pine
Lake Rd. (In connection w/99-35, 99-36, 99R-108, 99R-111)
68) 99R-108 Accepting & approving the Pre. Plat of Vavrina Meadows on
property generally located near S. 14th St. & Pine Lake Rd.
(In connection w/99-35, 99-36, 99R-107, 99R-111)
69) 99R-109 Special Permit 1765 - App. of Katherine Tomlin to operate an
early childhood care facility for 30 children on property
located at 2430 N.W. 8th St.
70) 99R-110 Amending the Design Standards for Subdivisions by revising
subparagraph F of Section II of the Drainage/Storm Sewer
Construction & Design Manual to control storm water runoff &
by adding Appendix A, Storage Facilities to the Design
Standards for Subdivision.
71) 99R-111 Approving the Vavrina Meadows Conditional Annexation & Zoning
Agrmt. between the City & Krueger Development Co. to provide
for the installation of public improvements in association
with the annexation & rezoning of property generally located
near S. 14th St. & Pine Lake Rd. (In connection w/99-35,
99-36, 99R-108, 99R-111)
ADJOURNMENT 5:49 P.M.
UPCOMING HEARINGS
Hearing Date of Mon., April 12, 1999 at 1:30 p.m. on the App. of
McManus Enterprises dba "Heidelberg's" for a Liquor Catering License
at 4640 Bair Ave.
Hearing Date of Mon., April 12, 1999 at 1:30 p.m. on the App. of Salem
Oil Co. dba "Mills AMOCO Food Shop #3" for a Retail Class "D" Liquor
License at 1648 South St.
Hearing Date of Mon., April 12, 1999 at 1:30 p.m. on the App. of Druk
Enterprises, Inc. dba "Tandoor" for a Retail Class "I" Liquor License
at 3530 Village Dr.
Hearing Date of Mon., April 12, 1999 at 1:30 p.m. on the Man. App. of
Brian M. Hayes for B & R Stores, Inc. dba "Super Saver Spirits" at
2662 Cornhusker.
Hearing Date of Mon., April 12, 1999 at 1:30 p.m. on the Man. App. of
Andrew M. Nicholls for Whitehead, Inc. dba "U-Stop Convenience Shop"
at 610 S. 10th St.
RECONVENE
Board of Equalization - Special Assessment Group I
NO PUBLIC HEARING
Paving Dist. 2605 - 1st St., "A" to South Sts., 2nd St., "A" to Garfield
Streets & Garfield St., 1st to 2nd Sts. (APPROVED, 7-0.)
ADJOURNMENT 5:55 P.M.
City Council
Agenda History
