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City of Lincoln City Council Office Formal Agenda |
ACTION FROM THE REGULAR CITY COUNCIL MEETING
HELD MONDAY, JANUARY 29, 2007 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT NEWMAN
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of More Enterprises, Inc. dba El
Chaparro Fine Mexican Food and Night Club for a
Class C liquor license at 1501 Center Park Avenue,
Suite 200. (ADOPTED FOR APPROVAL, 6-0; A-84210)
2) Manager application of Jorge F. Moreno for More
Enterprises, Inc. dba El Chaparro Fine Mexican
Food and Night Club at 1501 Center Park Avenue,
Suite 200.(ADOPTED FOR APPROVAL, 6-0; A-84211)
3) Application of Preciado Bros., Inc. dba El Rancho
Authentic Mexican Restaurant for a Class I liquor
license at 2700 O Street.(ADOPTED FOR APPROVAL,
6-0; A-84212)
4) Manager application of Ever K. Preciado for
Preciado Bros., Inc. dba El Rancho Authentic
Mexican Restaurant at 2700 O Street. (ADOPTED FOR
APPROVAL, 6-0; A-84213)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS
5 THRU 19 HAD 2ND READING; SEE ITEMS 8 THRU 11 & 12 THRU 16)
5) 07-14 Street Name Change 03002 - Renaming 15th
Street between A and H Streets as Goodhue
Boulevard.
Fact Sheet (754K)
6) 07-17 Approving an Agreement for Tower Space and
Appurtenances and a Memorandum of Agreement
between the City and Verizon Wireless for the
placement of telecommunications facilities
upon City property at Cooper Park generally
located at 8th and D Streets.
Attachment (818K)
7) 07-6 Amending Chapter 2.38 of the Lincoln Municipal
Code relating to StarTran by adding a new section
numbered 2.38.130 to make it unlawful to possess
firearms or dangerous weapons while in or upon any
StarTran vehicle.
Fact Sheet (61K)
8) 07R-24 Approving the City of Lincoln North 56th Street &
I-80 Redevelopment Agreement between Hartland
Homes Inc., North Bluff Employment Center LLP,
Roger H. Schwisow, Trustee, and Eldonna Schwisow,
Trustee, and the City of Lincoln, relating to the
annexation of approximately 400 acres of property
generally located at N. 56th Street and I-80.
(Related Items: 07R-24, 07-7, 07R-26, 07R-27)
(Action Date: 2/5/07)(CONT. PUBLIC HEARING W/ACTION
FOR ONE WEEK TO 2/5/07, 6-0)
Attachment (111K)
9) 07-7 Annexation 03007 - Amending the Lincoln Corporate
Limits Map by annexing approximately 415 acres of
property generally located at N. 56th Street and
I-80. (Related Items: 07R-24, 07-7, 07R-26,
07R-27)(CONT. PUBLIC HEARING W/ACTION FOR ONE WEEK
TO 2/5/07, 6-0)
Fact Sheet (532K)
10) 07R-26 Approving the Agreement between Roger Schwisow,
Trustee, Eldonna Schwisow, Trustee, Hartland
Homes, Detweiler Properties I, and the City of
Lincoln, relating to the redevelopment project
generally located at N. 56th Street and Alvo Road.
(Related Items: 07R-24, 07-7, 07R-26, 07R-
27) (Action Date: 2/5/07)(CONT. PUBLIC
HEARING W/ACTION FOR ONE WEEK TO 2/5/07, 6-0)
Attachment (674K)
11) 07R-27 Approving the Landowner Agreement Not to Protest
Tax Assessments and to Pay Taxes between various
property owners and the City of Lincoln, relating
to the Community Redevelopment generally located
at N. 56th Street and Arbor Road. (Related
Items: 07R-24, 07-7, 07R-26, 07R-27)
(Action Date: 2/5/07)(CONT. PUBLIC HEARING
W/ACTION FOR ONE WEEK TO 2/5/07, 6-0)
Attachment (20K)
12) 07R-29 Approving the 14th Street and Saltillo Road
Conditional Annexation and Zoning Agreement
between Nebco, Inc., Western Hemisphere Holding
Company LLC, and the City of Lincoln relating to
the annexation of approximately 81.83 acres of
property generally located south of Saltillo Road
between South 14th Street and South 25th Street.
(Related Items: 07R-29, 07R-30, 07-8, 07-9, 07-
10) (Action Date: 2/5/07)(CONT. PUBLIC HEARING
W/ACTION FOR ONE WEEK TO 2/5/07, 6-0)
Fact Sheet (52K)
Attachment (1018K)
13) 07R-30 Approving the 25th Street and Saltillo Road
Conditional Annexation and Zoning Agreement
between Gary Templeton and Rose Templeton, Clark
E. DeVries and Lisa J. DeVries, and the City of
Lincoln relating to the annexation of
approximately 7.06 acres of property generally
located south of Saltillo Road between South 25th
Street and the former Missouri Pacific Railroad
right-of-way. (Related Items: 07R-29, 07R-30,
07-8, 07-9, 07-10) (Action Date:
2/5/07)(CONT. PUBLIC HEARING W/ACTION FOR ONE WEEK
TO 2/5/07, 6-0)
Fact Sheet (51K)
Attachment (596K)
14) 07-8 Annexation 06012 - Amending the Lincoln Corporate
Limits Map by annexing approximately 340.45 acres
of property generally located southeast of S. 14th
Street and Saltillo Road and northwest of S. 27th
Street and Saltillo Road. (Related Items: 07R-
29, 07R-30, 07-8, 07-9, 07-10)(CONT. PUBLIC HEARING
W/ACTION FOR ONE WEEK TO 2/5/07, 6-0)
Fact Sheet (553K)
15) 07-9 Change of Zone 06042 - Application of Western
Hemisphere Holding Company LLC for a change of
zone from AG Agricultural District to I-1
Industrial District on property generally located
at S. 25th Street and Saltillo Road. (Related
Items: 07R-29, 07R-30, 07-8, 07-9, 07-10)(CONT.
PUBLIC HEARING W/ACTION FOR ONE WEEK TO 2/5/07, 6-0)
Fact Sheet (303K)
16) 07-10 Change of Zone 06043 - Application of Nebco, Inc.
for a change of zone from AG Agricultural District
to I-1 Industrial District on property generally
located at S. 14th Street and Saltillo Road.
(Related Items: 07R-29, 07R-30, 07-8, 07-9, 07-10)
(CONT. PUBLIC HEARING W/ACTION FOR ONE WEEK TO
2/5/07, 6-0)
Fact Sheet (491K)
17) 07R-21 Approving the Prairie Village North Conditional
Annexation and Zoning Agreement between Dubois
Land LLC, Prairie Village North, LLC, Prairie Home
Builders, Inc., Ryland Group, LLC, and North 47
Group, LLC and the City of Lincoln, relating to
the annexation of approximately 23.34 acres of
property generally located northeast of the
intersection of N. 84th Street and Adams Street.
(Related Items: 07R-21, 07-15, 07-16) (Action
Date: 2/5/07)
Attachment (626K)
18) 07-15 Annexation 06021 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 23.34 acres of property
generally located on the east side of North
84th Street, north of Adams Street.
(Related Items: 07R-21, 07-15, 07-16)
Fact Sheet (195K)
19) 07-16 Change of Zone 05054A - Application of
Prairie Home Builders Inc. to amend Prairie
Village North Planned Unit Development for a
change of zone from AG Agricultural District
to R-3 and R-5 Residential Districts, from R-
3 and R-5 Residential Districts and O-3
Office Park District to B-2 Planned
Neighborhood Business District, and from B-2
Planned Neighborhood Business District to O-3
Office Park District, on property legally
described as Lots 28, 29, 35, 36, and 41 I.T.
and a portion of Lots 23, 42, and 43 I.T. all
located in Section 11-10-7, and Outlot C,
Prairie Village Addition, all of Lots 106 and
107 I.T., and a portion of Lot 96 I.T., all
located in the Northwest Quarter of Section
14-10-7, Lancaster County, Nebraska, generally
located at N. 84th Street and Adams Street; for a
Planned Unit Development District designation of
said property; and for approval of a development
plan which proposes modifications to the zoning
ordinance and land subdivision ordinance to allow a
maximum of 1,063 dwelling units and 600,000 square
feet of commercial floor area north of Adams Street
and 285,000 square feet of commercial floor area
south of Adams Street. (Related Items: 07R-21,
07-15, 07-16)
Fact Sheet (1192K)
PUBLIC HEARING - RESOLUTIONS
20) 06R-231 Appeal of Julie Shipman Burns from the Planning
Commission approval of Special Permit 06062 for
authority to operate sand, gravel and soil
excavation on property generally located one-
quarter mile east of North 56th Street/Highway 77
between Waverly Road and Mill Road. (12/11/06
- Public Hearing & Action con't. to 1/29/07)(ACTION
DELAYED ONE WEEK TO 2/5/07, 6-0)
Fact Sheet (406K)
21) 07R-31 Declaring the official intent of the City of
Lincoln to reimburse certain expenses in
connection with the acquisition, purchase and
installation of light poles from the proceeds
of City of Lincoln, Nebraska Certificates of
Participation. (ADOPTED, 6-0; A-84214)
22) 07R-9 Approving a two-year contract between the
Nebraska Department of Health and Human
Services Finance and Support System and the
Lincoln-Lancaster County Health Department
for the Medicaid Access to Care Program.(ADOPTED,
6-0; A-84215)
Fact Sheet (59K)
Attachment (764K)
23) 07R-22 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of
January 1 - 15, 2007.(ADOPTED, 6-0; A-84216)
Fact Sheet (13K)
Attachment (19K)
24) 07R-23 Approving an Agreement between the Lincoln Airport
Authority, Lincoln Public Schools and the City of
Lincoln to convey, transfer and develop certain
property generally located at N.W. 48th Street and
West Cumings for the various public agencies'
purposes.(ADOPTED, 6-0; A-84217; SEE 07-5, ITEM
#36)
Fact Sheet (51K)
Attachment (565K)
25) 07R-28 Approving a temporary early retirement incentive
program and establishing eligibility requirements,
enrollment period, required retirement date and
incentive amounts.(CONT. PUBLIC HEARING W/ACTION
FOR ONE WEEK TO 2/5/07, 6-0)
Fact Sheet (139K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
26) Setting the hearing date of Monday, February 12,
2007 at 1:30 p.m. for the Application of Grata,
LLC dba Grata for a Class C liquor license located
at 2755 Jamie Lane, Suite 1516.(ADOPTED, 6-0;
A-84218)
27) Setting the hearing date of Monday, February 12,
2007 at 1:30 p.m. for the Application of Robin,
Inc. da ROC's Stop & Shop for a Class D liquor
license located at 5757 S. 85th Street.(ADOPTED,
6-0; A-84219)
28) MISCELLANEOUS REFERRALS
Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended December 31,
2006. (ADOPTED, 6-0; A-84221)
Informal petition for an alley re-paving district
be created for the alley bound by O and P Streets
and 17th and 18th Street by Mike Schafer.
(REFERRED TO PUBLIC WORKS)
Setting the Hearing Date of Monday, February 12,
2007 at 1:30 p.m. for the Manager Application of
Barney Cosner for Nebraska State Board of Ag dba
Nebraska State Fair located at 1800 State Fair
Park. (ADOPTED, 6-0; A-84220)
REPORTS OF CITY OFFICERS
29) Report from City Treasurer of City Cash on hand at
the close of business December 31, 2006. (PLACED
ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 30 & 31 HAD 1ST READING)
30) 07-18 Amending the pay schedule for certain
employee groups by changing the title of
Police Property and Evidence Supervisor to
Police Property and Evidence Manager.
Fact Sheet (51K)
Attachment (78K)
31) 07-19 Amending Chapter 24.12 of the Lincoln
Municipal Code relating to the Lincoln
Plumbing Code by adding a new Section
24.12.062 to amend Section 220.0 of the
Uniform Plumbing Code to add a definition for
rain sensor; amending Section 24.12.160 to
amend Section 603.4.6 of the Uniform Plumbing
Code, Protection from Lawn Sprinkler and
Irrigation Systems, to require the plans
accompanying an application for a permit for
the installation of any underground
irrigation system show the inclusion of a
rain sensor.
Fact Sheet (72K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
32) 07-1 Approving an Agreement for Tower Space and
Appurtenances and a Memorandum of Agreement
between the City and New Cingular Wireless PCS for
the placement of telecommunications facilities
upon City property at 5500 W. Superior Street.
(PASSED, 6-0; #18871)
Attachment (1868K)
33) 07-2 Vacation No. 03021 - Vacating a portion of South
87th Street and re-dedicating it as a private
roadway generally located between Andermatt Drive
and Highway 2 at Prairie Lakes Shopping Center.
(PASSED, 5-0; MARVIN ABSTAINED;#18872)
Fact Sheet (226K)
34) 07-3 Vacation No. 06008 - Vacating Rudolph Street from
the east right-of-way of N. 15th Street to the
west right-of-way of N. 16th Street. (Related
Items: 07-3, 07R-19)(PASSED, 6-0; #18873)
Fact Sheet (154K)
35) 07R-19 Approving a Conservation Easement Agreement
between the Joint Antelope Valley Authority and
the City of Lincoln over approximately .14 acres
in Rudolph Street from N. 15th Street to N. 16th
Street, to preserve the flood storage capacity on
the property. (Related Items: 07-3, 07R-19)
(Action Date: 1/29/07)(ADOPTED, 6-0; A-84222)
Attachment (527K)
36) 07-5 Declaring approximately 25 acres generally located
west of N.W. 48th Street and south of the
future West Cuming Street as surplus property.
(WAIVED RULES TO CHG. ORDER OF BUSINESS TO VOTE THIS
ITEM PRIOR TO ITEM #24, 6-0; PASSED, 6-0; #18874)
Fact Sheet (146K)
RECONSIDERATION
37) 07R-8 Approving an Amended Redevelopment Agreement
between the City and HyVee, Inc. previously adopted
by the City Council with Resolution No. A-83893 on
June 26, 2006, to provide or construction of N. 50th
Street. (TO BE RECONSIDERED ON 2/5/07, 6-0)
PENDING LIST - DATE CERTAIN
38) 07R-25 Approving the Agreement regarding the
annexation of Firethorn between Firethorn
Investment, Firethorn Golf Company LLC,
Firethorn Utility Service Co., and the City
of Lincoln, relating to the annexation of
approximately 303.66 acres of property
generally located northeast of the
intersection of S. 84th Street and Pioneers
Blvd. (Related Items: 07R-25, 07-11, 07-12,
07-13, 07R-20) (Action Date: 2/5/07)
(1/22/07 - Placed on Pending to Introduce:
2/5/07; P.H. 2/12/07; Action Date: 2/26/07)
(MOVED TO PENDING W/NO DATE CERTAIN, 6-0)
Attachment (40K)
39) 07-11 Annexation 06020 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 303.66 acres of property
generally located northeast of the
intersection of S. 84th Street and Pioneers
Blvd. (Related Items: 07R-25, 07-11, 07-12,
07-13, 07R-20) (1/22/07 - Placed
on Pending to Introduce: 2/5/07; P.H.
2/12/07; Action Date: 2/26/07)
(1/22/07 - Placed on Pending to Introduce:
2/5/07; P.H. 2/12/07; Action Date: 2/26/07)
(MOVED TO PENDING W/NO DATE CERTAIN, 6-0)
Fact Sheet (1007K)
40) 07-12 Change of Zone 06077 - Application of
Firethorn Investment for a change of zone
from AGR Agricultural Residential District to
R-1 Residential District on property
generally located northeast of the
intersection of S. 84th Street and Pioneers
Blvd. (Related Items: 07R-25, 07-11, 07-12,
07-13, 07R-20) (1/22/07 - Placed
on Pending to Introduce: 2/5/07; P.H.
2/12/07; Action Date: 2/26/07)
(1/22/07 - Placed on Pending to Introduce:
2/5/07; P.H. 2/12/07; Action Date: 2/26/07)(MOVED TO
PENDING W/NO DATE CERTAIN, 6-0)
Fact Sheet (652K)
41) 07-13 Street Name Change 06010 - Renaming Montello
Road generally located between S. 84th Street
and S. 91st Street as Firethorn Lane.
(Related Items: 07R-25, 07-11, 07-12, 07-13,
07R-20) (1/22/07 - Placed on Pending to
Introduce: 2/5/07; P.H. 2/12/07; Action Date:
2/26/07)(MOVED TO PENDING W/NO DATE CERTAIN, 6-0)
Fact Sheet (222K)
42) 07R-20 Special Permit 872F - Application of Firethorn
Investment to expand the boundaries of the
Firethorn Community Unit Plan to add 95 single
family lots and to allow up to 545 dwelling units
on property generally located northeast of the
intersection of S. 84th Street and Pioneers
Blvd.(Related Items: 07R-25, 07-11, 07-12, 07-
13, 07R-20) (Action Date: 2/5/07) (1/22/07
- Placed on Pending to Introduce: 2/5/07; P.H.
2/12/07; Action Date: 2/26/07)(MOVED TO PENDING W/NO
DATE CERTAIN, 6-0)
Fact Sheet (1235K)
PENDING LIST (EXTENDED ONE WEEK)
43) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees & Elected
Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)
Fact Sheet (3K)
44) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025
Lincoln/Lancaster County Comprehensive Plan by
changing approximately 14 acres of Public/Semi-
Public and Green Space to Commercial use, on
property generally located at the southeast corner
of N. 84th Street and Havelock Ave. (Related
Items: 05R-301, 05R-302)(12/19/05 - Placed on
Pending Indefinitely)
Fact Sheet (676K)
45) 05R-302 Approving a memorandum of Understanding between
the City and the Lancaster County Agricultural
Society associated with the Society's request for
a comprehensive plan amendment designating
approximately 14.4 acres generally located on the
southeast corner of 84th Street and Havelock
Avenue as commercial. (Related Items: 05R-301,
05R-302) (12/19/05 - Placed on Pending
Indefinitely)
Fact Sheet (56K)
Attachment (394K)
46) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Association for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at North 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)
Fact Sheet (1465K)
47) 06-16 Repealing Chapter 14.44 of the Lincoln
Municipal Code relating to Obstructions on
Corner Lots as the requirements set forth in
Chapter 14.44 would be more appropriately
addressed in the City of Lincoln Design
Standards. (2/27/06 - Placed on Pending
for 8 wks to 4/24/06 (Action only) ) (4/17/06
- Moved to Pending List, No Date Certain)
Fact Sheet (14K)
48) 06-209 Approving a transfer of appropriations and cash
Part B (where appropriate) between projects within several
funds within the Public Works & Utilities Department
and to designate street projects for Highway
Allocation Funds for Fiscal Year 2006 - 2007.
(1/8/07 - Project #902269, placed on
pending, no date certain; all other projects
approved)
Fact Sheet (14K)
49) 07R-18 Waiver 06009 - Application of Geico Development to
waive the Design Standards and Subdivision
Ordinance requirements for stormwater associated
with Use Permit No. 04008 on property generally
located at S.W. 17th Street and West A Street.
(Request to place on Pending) (1/22/07 -
Placed on Pending)
Fact Sheet (5490K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, FEBRUARY 5, 2007 AT 1:30 P.M.:
(APPROVED, 6-0)
50) 07R-32 Establishing a uniform policy for the naming and
renaming of streets to identify the relevancy of
said street names to Lincoln, prioritize names and
establish a reimbursement policy for the City.
Fact Sheet (47K)
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. The
Open Microphone and Registered Section is available on the
2nd & Last Monday of each month.
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 (1/24/07) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
1/29/07.
Name: Cory Lamborn Topic: Anti-discrimination laws
(DID NOT COME FORWARD)
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 THE OPEN MICROPHONE SESSION. OPEN MICROPHONE
SESSIONS FOR JANUARY ARE THE 8TH AND 29TH.
ADJOURNMENT 10:55 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
***
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