City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 12, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF FEBRUARY, 2006 WAS
PRESENTED TO JERRY HENKEL FROM THE BUILDING & SAFETY
DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Triple D, LLC dba Dino's Eastside
Grille for a Class C liquor license at 2901 S.
84th Street, Suite L. (ADOPTED FOR APPROVAL,
7-0; A-84281)
2) Manager application of Dean Hart for Triple D, LLC
dba Dino's Eastside Grille at 2901 S. 84th Street,
Suite L. (ADOPTED FOR APPROVAL, 7-0; A-84282)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
NONE
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
3) Informal Petition to create a water district on
Francis Street between 62nd and Donald Street,
submitted by James and Karen Francis.
(REFERRED TO PUBLIC WORKS)
4) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
5) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed by the City Council on February
26, 2007. (PLACED ON FILE)
6) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for February 2007.
(PLACED ON FILE)
7) Report from City Treasurer of franchise tax for
the month of January 2007 from Aquila.
(PLACED ON FILE)
8) Report from City Treasurer of Telecommunications
Occupation Tax for the period of Oct.-Dec., 2006:
CA Affinity, Fast Phones, Digizip.com,
Telenational, T-Mobile, Reliance, Southwest,
Netifice, Cause Based Commerce, Accessline, Opul;
Annual 2006: Talk America, US LEC; December 2006:
Alltel of NE, TWC Info, Windstream Nebraska #494,
Windstream Nebraska #150, Windstream of Midwest
#522, Alltel, Nebraska Technology, Cricket, New
Cingular, USCOC of Greater Iowa, AT&T of Midwest,
Amp'd Mobile, LDMI, Business Telecom, IBM Global,
Teleplus Wireless, Intellicall, IDT, Airnex,
Mobile ESPN, Global Crossing Bandwidth, Global
Crossing Telecomm., Broadwing, UCN, ACR Comm.,
Virgin Mobile USA, Globalstar USA, Onstar, Primus,
Working Assets, USCOC of NE/KS, XO Comm.,
McLeodUSA, Whos' Calling, PNG, Verizon Select,
Qwest, Telecorp, Aircell, Telecomm. Systems of
Maryland, Broadband Dynamics, Trans Nat'l.,
Network Billing, Verizon Bell Atlantic, CIMCO,
NOS, Quantum Shift, KDDI America, Cincinnati Bell,
TracFone Wireless, VoiceCom, Advanced Tel,
Earthlink, Andiamo, Norstan, Business Prod.
Solutions, Guaranteed Phone,; January 2007: D&D,
Nextel Partners, Sprint Spectrum, Alltel of
Nebraska, Alltel, TWC Info, MCI WorldCom, Sprint,
Enhanced, Zone Telecom, Lightyear, GTC, Tri-M,
360Networks, Globalcom, Acceris, Network Billing,
BT Americas, NOS, Acceris, Covista, NOSVA, Nextel
West, SBC, Affinity, ATS Mobile. (PLACED ON FILE)
9) 07R-58 Reappointing Patrick O'Donnell to the Nebraska
Capitol Environs Commission for a three-year term
expiring January 9, 2010. (ADOPTED, 7-0; A-84283)
10) 07R-59 Reappointing Mike McNiff to the Examining Board of
Plumbers for a three-year terms expiring on
September 24, 2009. (ADOPTED, 7-0; A-84284)
11) 07R-60 Reappointing Mike McNiff to the Water Conditioning
Board of Examiners for a three-year term expiring
on September 24, 2009. (ADOPTED, 7-0; A-84285)
12) 07R-61 Reappointing Bill Whitmer to the Electrical
Advisory, Appeals and Examining Board for a three-
year term expiring August 15, 2009. (ADOPTED, 7-0;
A-84286)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 17 HAD 1ST READING)
13) 07-34 Authorizing and providing for the issuance of
sanitary sewer revenue bonds of the City of
Lincoln in the amount of $21,000,000.
14) 07-35 Amending Section 10.16.010 of the Lincoln
Municipal Code relating to age limits in
connection with operating a motor vehicle by
changing age limits to remain consistent with
state statute.
Fact Sheet (62K)
15) 07-36 Amending Chapter 8.32.060 of the Lincoln
Municipal Code to change the hours of
operation at the Bluff Road and North 48th
Street solid waste disposal sites.
Fact Sheet (55K)
16) 07-37 Change of Zone 07007 - Amending Title 27 of
the Lincoln Municipal Code to implement
revisions to the Parking Matrix to correct
past errors and omissions but not imposing
new parking requirements.
Fact Sheet (250K)
17) 07-38 Street and Alley Vacation No. 07001 -
Vacating the South 84th Street right-of-way
south of Highway 2, generally located
southeast of the intersection of South 84th
Street and Highway 2.
Fact Sheet (442K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 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.
(PASSED, 7-0; #18894)
Fact Sheet (58K)
19) 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.
(PASSED, 7-0; #18895)
Fact Sheet (18K)
20) 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.
(PASSED, 7-0; #18896)
Fact Sheet (220K)
21) 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)
(PASSED, 7-0; #18897)
Fact Sheet (39K)
22) 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) (PASSED, 7-0; #18898)
Fact Sheet (41K)
PENDING LIST - DATE CERTAIN
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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) (1/29/07 - Placed on
Pending, No Date Certain)
Fact Sheet (652K)
33) 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)
34) 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 19, 2007 AT 1:30 P.M.:
(APPROVED, 7-0)
35) 07R-62 Appointing Monica Huapaya to the Lincoln-Lancaster
Women's Commission to fill an unexpired term
expiring January 1, 2008.
Attachment (346K)
36) 07R-63 Appointing Sonja F. Smith to the Lincoln-Lancaster
Women's Commission for a two-year term expiring
March 1, 2009.
Attachment (411K)
37) 07R-67 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 16 -
28, 2007.
Fact Sheet (13K)
Attachment (17K)
38) 07R-64 Approving an Interlocal Agreement between the City
and County for the widening and reconstruction of
South Folsom Street from West Denton Road to a
point 1439 feet south of West Old Cheney Road.
Fact Sheet (54K)
Attachment (769K)
39) 07R-65 Approving a Transportation Enhancement Program
Grant Agreement between the City and State for
$500,000 of funds for construction of Jamaica
North Trail Phase II.
Fact Sheet (85K)
Attachment (588K)
40) 07R-66 Waiver 07002 - Application of Rebecca Cast to
waive the sidewalk requirements associated with
the Martin Heights 3rd Addition on property
generally located at 4025 and 4045 G Street.
Fact Sheet (573K)
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 (3/20/07) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
3/26/07.
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 MARCH ARE THE 12TH AND 26TH.
ADJOURNMENT 1:49 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
***