City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 26, 2007 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of P.L.P., LLC dba Sun Valley Bar &
Grill to expand its presently licensed premises at
300 W. P Street by an addition of a beer garden on
the south side of the premises measuring
approximately 21 feet by 39 feet. (ADOPTED FOR
APPROVAL, 7-0; A-84254)
2) Application of Bugeater Investments Inc. dba
Cliff's Lounge for a change of location of their
existing Class C liquor license from 140 N. 12th
Street to 1321 1323 O Street. (ADOPTED FOR APPROVAL,
7-0; A-84255)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 3
THRU 7 HAD 2ND READING; SEE ITEMS 4 AND 5)
3) 07-27 Authorizing and providing for the issuance of
a North 56th Street and Arbor Road
Redevelopment Plan Sub-Project Area A Tax
Allocation Bond, Series 2007 in a total
principal amount not to exceed $975,000.
4) 07R-48 Approving the City of Lincoln Redevelopment
Agreement (Verizon Wireless Project) between the
City and MDG Lincoln LP for development of
approximately 13.5 acres of property in University
of Nebraska Technology Park for construction of a
commercial building and improvements by Verizon
Wireless, generally located at N.W. 1st Street and
Highlands Blvd. (Related Items 07R-48, 07-28)
(ADOPTED, 7-0; A-84256)
Attachment (1668K)
5) 07-28 Authorizing and providing for the issuance of
a Verizon Wireless Tax Allocation Bond,
Series 2007 in a total principal amount not
to exceed $2,265,000. (Related Items 07R-48,
07-28) (Request 2nd & 3rd Readings 2/26/07)
(RULES SUSPENDED TO HAVE 3RD READING & ACTION
ON THIS DATE, 7-0; PASSED, 7-0; #18886)
6) 07R-45 Approving the Salt Creek 100-year Floodprone Areas
and revised Floodway as the best available
information for local flood regulation purposes.
(Related Items: 07R-45, 07-26) (Action Date:
3/5/07)
Fact Sheet (114K)
Attachment (404K)
7) 07-26 Change of Zone 07001 - Amending Chapter 27.52
of the Lincoln Municipal Code relating to
Flood Regulations for Existing Urban Area by
amending Section 27.52.020 to add definitions
for 100-Year Flood Elevation, Development
Area, Fill, Flood Storage Area or Salt Creek
Flood Storage Area, Percentage of Allowable
Fill, and Single-Family Residential Building,
and by adding a new Section 27.52.035 to
adopt standards for development within the
Salt Creek Flood Storage Areas. (Related
Items: 07R-45, 07-26)
Fact Sheet (1590K)
PUBLIC HEARING - RESOLUTIONS
8) 07R-41C Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 16 -
31, 2007. (2/12/07 - Claim of Beth Hollon to
have P.H. & Action 2/26/07) (ADOPTED, 4-3; COOK,
ESCHLIMAN, MCROY DISSENTING; A-84257)
Attachment (71K)
9) 07R-46 Directing the submission of a proposed general
obligation bond issue for construction of
improvements to the City's storm sewer and
drainage system at the May 1, 2007 City general
election. (PUBLIC HEARING CON'T W/ACTION
ON 3/5/07, 7-0)
10) 07R-44 Approving an interlocal agreement between the City
and the Lower Platte South Natural Resources
District outlining the responsibilities for the
acquisition of the necessary right-of-way for the
Stevens Creek Supplemental Box Culvert
Project/Stream Stability Project/Fletcher Avenue
Improvement Project. (ADOPTED, 7-0; A-84258)
Fact Sheet (56K)
Attachment (190K)
11) 07R-47 Expressing support of the National Council on
Interpreting Health Care in its development of
standards of practice for language interpreters in
health care. (ADOPTED, 5-2; CAMP, SVOBODA DISSENTING;
A-84259)
12) 07R-49 Approving a Lincoln Electric System 5.5 percent
surcharge on electric rates to be effective with
billing statements rendered on and after March 1,
2007. (ADOPTED, 7-0; A-84260)
Fact Sheet (43K)
Attachment (40K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
13) Setting the hearing date of Monday, March 12, 2007
at 1:30 p.m. for the Application of Triple D, LLC
dba Dino's Eastside Grille for a Class C liquor
license located at 2901 S. 84th Street, Suite L.
(ADOPTED, 7-0; A-84261)
14) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone No. 07007 - Req. by the
Director of Planning to amend, repeal, correct,
reorganize and delete various Sections of Title 27
of the Lincoln Municipal Code.
Special Permit No. 07003 - App. of Dan
Lesoing for the authority to sell alcoholic
beverages for consumption on the premises, on
property generally located at N. 9th Street
and Oak Street.
15) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
16) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
February 12, 2007. (PLACED ON FILE)
17) Report from City Treasurer of City Cash on hand at
the close of business January 31, 2007.
(PLACED ON FILE)
18) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for January, 2007.
(PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19
THRU 23 HAD 1ST READING)
19) 07-29 Repealing Ordinance No. 18841 creating
Paving/Re-Paving District No. 01 in North
50th Street between O and R Streets, due to
the lack of majority petition.
Fact Sheet (58K)
20) 07-30 Change of Zone 07004 - Amending Section
27.69.220 of the Lincoln Municipal Code to
revise regulations for complex or subdivision
area identification signs.
Fact Sheet (18K)
21) 07-31 Change of Zone 07003 - Application of the
Planning Director for a change of zone from
AG Agricultural District to H-4 General
Commercial District on property generally
located N. 84th Street and Havelock Avenue.
Fact Sheet (220K)
22) 07-33 Misc. 06012 - Amending Title 26 of the
Lincoln Municipal Code relating to the Land
Subdivision Ordinance by amending Section
26.11.032 to delete the filing deadline
before a preliminary plat may be scheduled on
the Planning Commission agenda; and by
amending Sections 26.11.037, 26.11.060 and
26.31.010 to provide that all applications
which have been placed on pending by the
subdivider shall automatically expire one
year thereafter unless the subdivider
requests the application be removed from
pending prior to the expiration date.
(Related Items: 07-33, 07-32)
Fact Sheet (39K)
23) 07-32 Change of Zone 06062 - Amending Title 27 of
the Lincoln Municipal Code relating to Zoning
by amending Sections 27.27.080, 27.28.090,
27.31.100, 27.37.070, and 27.51.100 relating
to the O-3 Office Park District, R-T
Residential Transition District, B-2 Planned
Neighborhood Business District, B-5 Planned
Regional Business District, I-3 Employment
Center District, respectively; amending
Section 27.60.040 relating to Planned Unit
Developments; amending Section 27.63.020
relating to Special Permits; amending Section
27.65.030 relating to Community Unit Plans;
and amending Section 27.81.040 relating to
amendments to the Zoning Code; to provide
that all applications which have been placed
on pending by the applicant shall
automatically expire one year thereafter
unless the applicant requests the application
be removed from pending prior to the
expiration date. (Related Items: 07-33,
07-32)
Fact Sheet (41K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
(SEE ITEM #25)
24) 07-24 Authorizing and providing for the issuance of
small issue tax allocation bonds.
(PASSED, 7-0; #18887)
25) 07-25 Authorizing the execution and delivery of a
Lease-Purchase Agreement with Union Bank &
Trust Company, Lincoln, Nebraska, in an
amount not to exceed $6,000,000 for the
acquisition by the City of street lighting
equipment. (ACTION DELAYED 1 WEEK TO 3/5/07, 7-0)
26) 07R-40 Approving the Development and Conditional Zoning
Agreement between the City and Steven Harms
relating to the change of zone from AG
Agricultural District to I-1 Industrial District,
generally located at N. 84th Street and Cornhusker
Highway. (Related Items: 07R-40, 07-20) (Action
Date: 2/26/07) (ADOPTED, 7-0; A-84262)
Attachment (139K)
27) 07-20 Change of Zone 06083 - Application of Steven
Harms for a change of zone from AG
Agricultural District to I-1 Industrial
District on property generally located at N.
84th Street and Cornhusker Highway.
(Related Items: 07R-40, 07-20)(PASSED, 7-0;
#18888)
Fact Sheet (898K)
28) 07-21 Adopting the supplements to the Lincoln
Municipal Code dated June, 2006 and December,
2006 as part of the official Lincoln
Municipal Code. (PASSED, 7-0; #18889)
Fact Sheet (27K)
29) 07-22 Approving an Agreement between the City and
the Hickman Presbyterian Church for the lease
of space by the Lincoln Area Agency on Aging
for its ActivAge Center program at 300 E
Street, Hickman, for a period of September 1,
2006 through August 31, 2007.
(PASSED, 7-0; #18890)
Fact Sheet (54K)
Attachment (111K)
PENDING LIST - DATE CERTAIN
30) 07R-36 Special Permit No. 1989A - Application of Sid
Dillon Automobile Dealership to modify the Design
Standards for parking lots to allow 20 foot candle
lighting levels in the display areas on property
generally located at S. 27th Street and Kendra
Lane. (2/12/07 - Placed on Pending for
P.H. & Action 5/7/07)
Fact Sheet (1005K)
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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 (676K)
Attachment (394K)
34) 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)
35) 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)
36) 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)
37) 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) (1/29/07 - Placed on Pending, No
Date Certain)
Attachment (40K)
38) 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) (1/29/07 - Placed on
Pending, No Date Certain)
Fact Sheet (1007K)
39) 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, 7-12,
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) (1/29/07 - Placed on
Pending, No Date Certain)
Fact Sheet (652K)
40) 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) (1/29/07 - Placed on Pending, No
Date Certain)
Fact Sheet (222K)
41) 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) (1/29/07 - Placed on Pending, No
Date Certain)
Fact Sheet (1235K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 5, 2007 AT 1:30 P.M.:
(APPROVED, 7-0)
42) 07R-50 Reappointing Thomas Saddler and Mary Anne Wells to
the Urban Design Committee for three-year terms
expiring February 1, 2010.
43) 07R-51 Reappointing Janice Driesbach, Karen Hand, Robert
Ripley, and Joe Tidball to the Parks and
Recreation Advisory Board for three-year terms
expiring April 27, 2010.
44) 07R-52 Reappointing Russ Bayer to the Emergency Medical
Services, Inc. Board of Directors for a three-year
term expiring March 28, 2010.
45) 07R-53 Reappointing Christi Chaves to the Emergency
Medical Services, Inc. Board of Directors for a
three-year term expiring March 28, 2010.
46) 07R-54 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 1 -
15, 2007.
Fact Sheet (13K)
Attachment (18K)
47) 07R-55 Directing the Cable Television Advisory Board to
conduct a performance evaluation of Time Warner
Cable pursuant to the City's cable television
franchise agreement.
48) 07R-56 Approving the City's application for grant
assistance from the Safe Routes to School Program
to replace "WALK/DON'T WALK" pedestrian signal
indications with "Countdown" pedestrian
indications throughout the City at specified
locations.
49) 07R-57 Directing submittal to the qualified electors of
the City a proposed Charter amendment amending
Article IV, Section 12 and Article VII, Section 2
of the Charter relating to the duties of the Mayor
and the powers and duties of the purchasing
division, respectively, to provide contracts up to
$50,000.00 may be approved by the Mayor and
contracts greater than $50,000.00 must be formally
bid, and to replace outdated language.
Fact Sheet (24K)
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 (2/21/07) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 2/26/07.
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 FEBRUARY ARE THE 12TH AND 26TH.
ADJOURNMENT 8:15 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.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
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