City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 2, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Playmakers, Inc. dba
Playmakers Sports Bar & Grill for a
Class C liquor license at 640 W.
Prospector. (ADOPTED FOR DENIAL, 6-1;
SVOBODA DISSENTING; A-84310)
2) Manager application of Ryan W. French for
Playmakers, Inc. dba Playmakers Sports Bar
& Grill at 640 W. Prospector. (ADOPTED FOR
DENIAL, 6-1; SVOBODA DISSENTING; A-84311)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 3
THRU 11 HAD 2ND READING, SEE ITEMS 4 & 5)
3) 07-40 Creating Alley Repaving District #48 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)
4) 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. (PLACED ON PENDING, NO
DATE CERTAIN, 7-0)
Fact Sheet (56K)
5) 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) (WAIVED RULES, 7-0;
AMENDED, 7-0; ACTION ON 4/9/07, 7-0)
Attachment (113K)
6) 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)
7) 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)
8) 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)
9) 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)
10) 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)
11) 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)
PUBLIC HEARING - RESOLUTIONS
12) 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. (AMENDED, 7-0; ADOPTED, 7-0; A-84312)
Fact Sheet (13K)
Attachment (24K)
13) 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.
(ADOPTED, 7-0; A-84313)
Attachment (796K)
14) 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. (ADOPTED, 7-0; A-84314)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
15) Setting the Hearing Date of Monday, April 16, 2007
at 1:30 p.m. for the Application of State Theatre,
Inc. dba State Theatre for a Class I liquor
license located at 1415 O Street.
(ADOPTED, 7-0; A-84315)
16) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone No. 07013 - Req. by the
Director of Building and Safety to amend Section
27.71.210 of the Lincoln Municipal Code,
"Enlargement and Alteration of Lots", to add
language relative to yards for adjusted lots.
Change of Zone No. 07016 - App. of David
Titterington, from R-2 Residential District to H-2
Highway Business District, on property generally
located at N. 48th St. and Orchard St.
Change of Zone No. 07017 - App. of Olsson
Associates, from R-3 Residential District to B-1
Local Business District, on property generally
located at 98th St. and O St.
Special Permit No. 07007 - App. of Jeff
Downing on behalf of Zion Church, for the
expansion of a nonconforming use on property
generally located at S. 8th St. and D St.
Special Permit No. 07008 - App. of Casey's
Retail Company dba Casey's General Store, for
expansion of a nonconforming use on property
generally located at N. Cotner Boulevard and
Leighton Avenue.
17) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS - NONE
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 18
THRU 20 HAD 1ST READING)
18) 07-51 Approving an Agreement between the City
and the Asian Community & Cultural
Center for the lease of space by the
Lincoln Area Agency on Aging for its
ActivAge Center program at 2615 O
Street, for a period of March 1, 2007
through September 30, 2008 2007.
Fact Sheet (69K)
Attachment (84K)
19) 07-52 Approving a contract between the City and
Downtown Lincoln Association to operate and
regulate a mid-week public market in the area
located at 12th Street from Q to R Street and
R Street from 12th to 13th Streets from June 5,
2007 through June 26, 2007.
Fact Sheet (80K)
Attachment (256K)
20) 07-53 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public market
in the Haymarket area, 7th Street from P to Q
Streets and P Street from 7th to 8th Streets
from May 5, 2007 through October 13, 2007 and
on 8th Street from P to Q Street from June
16, 2007 through August 11, 2007.
Fact Sheet (81K)
Attachment (365K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 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. (PASSED, 7-0; #18905)
Fact Sheet (74K)
22) 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. (AMENDED, 7-0;
PASSED, 7-0; #18906)
PENDING LIST - DATE CERTAIN
23) 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)
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)
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, APRIL 9, 2007 AT 1:30 P.M.:
(APPROVED, 7-0)
35) 07R-80 Approving a lease agreement between the American
Red Cross and the City of Lincoln for the Lincoln-
Lancaster County Health Department to lease space
for the Hazardous Materials Vehicle for a three
year term.
Fact Sheet (66K)
Attachment (24K)
36) 07R-81 Approving an Interlocal Agreement between the City
and Lincoln Public Schools for joint funding of an
indoor air quality project at Calvert Elementary
School/Calvert Recreation Center.
Fact Sheet (104K)
Attachment (65K)
37) 07R-82 Approving an amendment to Resolution A-84097,
which granted the use of public right-of-way to
Ohana LLC for construction of a new facade and
accessible ramp at 1442 O Street, to limit the
permission to occupy the public right-of-way to
the actual dates of construction commencing on
May 1, 2007.
Attachment (104K)
38) 07R-83 Approving an Interlocal Agreement between the City
and Lancaster County regarding the paving of
Yankee Hill Road from S. 40th Street to S. 56th
Street and approving the use of Highway Allocation
Bonds in an amount of $200,000.00 for the project.
Fact Sheet (59K)
Attachment (342K)
39) 07R-84 Approving an Agreement between the City and the
Lincoln-Lancaster County Railroad Transportation
Safety District for funding of railroad crossing
improvements to establish a Quiet Zone for
Burlington Northern Santa Fe track crossings at
70th Street, 44th Street, Adams Street, and 33rd
Street.
Fact Sheet (61K)
Attachment (175K)
40) 07R-85 Approving appropriations in the amount of
$31,000.00 from the operation of Keno lottery
funds for various human services.
Attachment (77K)
41) 07R-86 Approving the hiring of an auditor in the Finance
Department of the City of Lincoln to identify
areas of savings to the city in the preparation of
the 2007-2008 budget.
Fact Sheet (13K)
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 IN WRITING BY 10:00
A.M. ON THE WEDNESDAY (4/4/07) PRIOR TO THE NEXT FORMAL
CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION
WHICH IS 4/9/07.
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 APRIL ARE THE 9TH AND 30TH.
ADJOURNMENT 3:07 P.M.
ANNOUNCEMENTS: Open Microphone and Register to Speak
Sessions for the month of May are May 7th and May 21st.
***
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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