City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 26, 2007 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Metro Diversified Inc. dba The
Office Gentlemen's Club for a Class C liquor
license at 640 W. Prospector, Suite 2.(ADOPTED
FOR APPROVAL, 7-0; A-84293)
2) Manager application of Brent Zywiec for Metro
Diversified Inc. dba The Office Gentlemen's Club
at 640 W. Prospector, Suite 2.(ADOPTED FOR
APPROVAL, 7-0; A-84294)
3) Application of Lincoln Holdings Ltd. dba Oso
Burrito for a Class I liquor license at 2840 S.
70th Street.(ADOPTED FOR APPROVAL, 7-0; A-84295)
4) Manager application of Bradley G. Whiteley for
Lincoln Holdings Ltd. dba Oso Burrito at 2840 S.
70th Street.(ADOPTED FOR APPROVAL, 7-0; A-84296)
5) Application of Star City Hockey dba Lincoln Stars
for a Class I liquor license at 1800 State Fair
Park Drive.(ADOPTED FOR APPROVAL, 7-0; A-84297)
6) Manager application of James R. Pflug for Star
City Hockey dba Lincoln Stars at 1800 State Fair
Park Drive. (ADOPTED FOR APPROVAL, 7-0; A-84298)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 7 THRU 9 HAD 2ND READING; SEE ITEM 8)
7) 07-39 Amending Chapter 10.14 of the Lincoln
Municipal Code relating to Rules of the Road
by amending Section 10.14.360, Motor Vehicle
Restraint; Children, by changing use
requirements for child occupant restraints,
adding requirements for persons wearing
occupant protection systems in vehicles
operated by holders of provisional operator's
permits or school permits, amending
exemptions, and modifying penalty provisions,
in order to remain consistent with state
statute provisions, and amending Section
10.14.365, Occupant Protection System; Use
Required, by deleting obsolete language,
adding exemptions, and amending language in
order to remain consistent with state
statute.
Fact Sheet (74K)
8) 07-42 Authorizing the issuance of not to exceed
$300,000,000 Lincoln Electric System Revenue
and Refunding Bonds. (Request 2nd & 3rd
Readings on 3/26/07) (WAIVED THE RULES TO HAVE 2ND
AND 3RD READING THIS DATE, 7-0; AMENDED, 7-0;
PASSED AS AMENDED, 7-0; #18899)
9) 07-43 Amending Section 2.38.100 of the Lincoln
Municipal Code to provide that the StarTran
Advisory Board shall have final authority
after first holding a public hearing to add
or delete specific trips from regularly
scheduled line service, adjust schedules, add
new or adjust existing routes, and authorize
special promotional fares, and to provide
when such changes shall go into effect; by
adding Section 2.38.125 to provide for notice
of public hearing; and by adding Section
2.38.127 to provide for appeals from action
of the StarTran Advisory Board.
PUBLIC HEARING - RESOLUTIONS
10) 07R-69 Approving an Agreement between the City of Lincoln
and Larry Roots Studio for photographic murals to
be located on Skywalk II over 12th Street.
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84299)
Attachment (46K)
11) 07R-70 Approving an Acceptance of Donation Agreement for
a donation from the Downtown Lincoln Association
in the amount of $60,200.00 for the funding of the
Agreement between the City and Larry Roots Studio
for photographic murals to be located on Skywalk
II over 12th Street and the future removal of said
murals.(ADOPTED, 7-0; A-84300)
Attachment (11K)
12) 07R-71 Amending the Skywalk Permit and Operating
Agreement Skywalk II 12 Street to provide that
the City will be responsible to maintain the
photographic murals to be located on the skywalk
bridge over 12th Street.(AMENDED, 7-0; ADOPTED AS
AMENDED, 7-0; A-84301)
Attachment (14K)
13) 07R-73 Approving an Interlocal Agreement between the City
and County to provide the City with an appropriate
facility at the County Youth Services Center for
temporary and pretrial detention of juveniles
taken into custody by the Lincoln Police
Department.(ADOPTED, 7-0; A-84302)
Attachment (223K)
14) 07R-74 Approving a multiple-year Management Contract for
Downtown Business Improvement Districts between
the City and the Downtown Lincoln BID Association.
(ADOPTED, 7-0; A-84303)
Attachment (1543K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
15) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 07011 - App. of Historic
Preservation Commission for Trinity United
Methodist Church of Lincoln for landmark
designation of Trinity Methodist Episcopal Church
at 1345 S. 16th Street.
Special Permit 07005 - App. of Yankee Hill
Townhomes, LLC, Yankee Hill Townhomes C.U.P., for
approximately 164 dwelling units with requests to
waive minimum lot width, minimum lot area, front,
rear and side yard setbacks, lots without frontage
to a public street or private roadway, and
sanitary sewer running against street grade on
property at S. 84th Street and Yankee
Hill Road.
Special Permit 07006 - App. of The Hub, for a
non-profit educational institution, on property at
S. 11th Street and E Street.
16) Setting the Hearing Date of April 9, 2007 at 1:30
p.m. for Application of LMM, Inc. dba Libations
and Grand Room for a Class C liquor license
located at 317 S. 11th Street.(ADOPTED, 7-0;
A-84304)
17) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
18) Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on March 12,
2007. (PLACED ON FILE)
19) Clerk's Letter and Mayor's Approval of ordinances
and resolutions passed by Council on March 19,
2007. (PLACED ON FILE)
20) Report from City Treasurer of Cash on Hand at the
close of business on February 28, 2007. (PLACED
ON FILE)
21) Approving the distribution of funds representing
interest earning on short-term investments of Idle
Funds during the month ended February 28, 2007.
(ADOPTED, 7-0; A-84307)
22) 07R-68 Appointing Herb Schimek and Arthur Zygielbaum to
the Cable Advisory Board to fill unexpired three-
year terms expiring July 1, 2009.(ADOPTED, 7-0;
A-84308)
Attachment (193K)
23) 07R-75 Reappointing Dr. Lisa Peterson, Dr. Debra A.
Humphrey and Dr. Catherine S. Alley to the
Lincoln-Lancaster County Board of Health for
three-year terms expiring April 15, 2010.
(ADOPTED, 7-0; A-84309)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 32 HAD 1ST READING)
24) 07-40 Creating an Alley Repaving District in the east/west
alley of O to P Streets, 17th to 18th Streets and
assessing the costs thereof against the benefitted
properties.
Fact Sheet (55K)
Attachment (15145K)
25) 07-44 Amending Sections 10.12.030 and 10.14.220 of
the Lincoln Municipal Code to add a definition
for Red Arrow and to prohibit right-hand turns
by vehicles facing a steady red turn arrow.
Fact Sheet (56K)
26) 07R-79 Approving the Woodlands at Yankee Hill Conditional
Annexation and Zoning Agreement between Carl and
Vickie Schmidt, SAP-SE LLC, Midwest Net Lease
Investors SE LLC, and Calruby LLC, and the City of
Lincoln, relating to the annexation of
approximately 194 acres of property generally
located on the east side of 70th Street south of
Yankee Hill Road. (Related Items: 07R-
79, 07-45, 07-46) (Action Date: 4/9/07)
Attachment (113K)
27) 07-45 Annexation 05015 - Amending the Lincoln
Corporate Limits Map by annexing approximately
245 acres of property generally located southeast of
the intersection of S.70th Street and Yankee Hill
Road. (Related Items: 07R-79, 07-45, 07-46)
Fact Sheet (666K)
28) 07-46 Change of Zone 05068 - Application of Carl Schmidt,
Midwest Net Lease Investors, and SAP-SE, LLC for a
change of zone from AG Agricultural District to R-3
Residential District for a planned unit development
and approving a development plan for approximately
500 dwelling units and approximately 324,000 square
feet of commercial and office area over the
underlying R-3 zoning district, on property
generally located southeast of the intersection of
S. 70th Street and Yankee Hill Road. (Related
Items: 07R-79, 07-45, 07-46)
Fact Sheet (1110K)
29) 07-47 Annexation 07001 - Amending the Lincoln Corporate
Limits Map by annexing approximately 118 acres of
property generally located at North 98th and O
Streets. (Related Items: 07-47, 07-48)
Fact Sheet (428K)
30) 07-48 Change of Zone 07002 - Application of Waterford
Estates, LLC, for a change of zone from B-2 Planned
Neighborhood Business District to B-1 Local Business
District and from AG Agricultural District to B-2
Planned Neighborhood Business District, R-3
Residential District and R-4 Residential District,
on property generally located at North 98th and O
Streets. (Related Items: 07-47, 07-48)
Fact Sheet (370K)
31) 07-49 Change of Zone 07008 - Application of Premium
Protein Products, LLC, for a change of zone
from I-2 Industrial Park District to B-1 Local
Business District on property generally located at
the southeast corner of N.W. 48th Street and W.
Adams Street.
Fact Sheet (179K)
32) 07-50 Change of Zone 07009 - Application of the Planning
Director for a change of zone from P Public Use
District to R-1 Residential District on property
generally located at Sundance Drive and Campfire
Circle.
Fact Sheet (119K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
33) 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.(PASSED, 7-0; #18900)
34) 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.(PASSED,
7-0; #18901)
Fact Sheet (62K)
35) 07-36 Amending Section 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.(PASSED, 7-0; #18902)
Fact Sheet (55K)
36) 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.
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18903)
Fact Sheet (250K)
37) 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.(PASSED, 7-0;
#18904)
Fact Sheet (442K)
PENDING LIST - DATE CERTAIN
38) 07R-36 Special Permit 1989A - Application of Sid Dillon
Automobile Dealership to modify the Design
Standards for parking lots to allow 20 ft. candle
lighting levels in the display areas on property
generally located at S. 27th St. & Kendra Ln.
(2/12/07 - Placed on Pending for P.H. & Action
5/7/07)
Fact Sheet (1005K)
PENDING LIST (EXTENDED ONE WEEK)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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, APRIL 2, 2007 AT 1:30 P.M.:
(APPROVED, 7-0)
50) 07R-76 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 1 - 15,
2007.
Fact Sheet (13K)
Attachment (24K)
51) 07R-77 Approving conveyance of a permanent conservation
easement to preserve the restored native prairie
from Larry and Peggy Kletcher to the Wachiska
Audubon Society over an area approximately 25.48
acres generally located at S. 105th and A Streets.
Attachment (796K)
52) 07R-78 Approving an amendment to Resolution No. A-84134
which granted the use of public right-of-way to
R Street Lofts LLC for construction of courtyards
and canopied entryways at the southeast corner of
7th and R Streets, to limit the permission to
occupy the public right-of-way to the actual dates
of construction being February 15, 2007 to
September 30, 2007.
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 (3/21/07) 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 6:45 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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