City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 9, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE - MARCH, 2007 RECIPIENT IS
PADMANABHARAJU (RAJU) KAKARLAPUDI, PUBLIC HEALTH
EPIDEMIOLOGIST, IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of LMM, Inc. dba Libations and Grand
Room for a Class C liquor license at 317 S. 11th
Street. (ADOPTED FOR APPROVAL,7-0; A-84316)
2) Manager application of Harlan R. Musil for LMM,
Inc. dba Libations and Grand Room at 317 S. 11th
Street.(ADOPTED FOR APPROVAL, 7-0; A-84317)
3) Application of K-Sara Enterprises, Inc. dba Kevin
Meier Imports for a Class C liquor license at 3540
Village Drive, Suite 200.(ADOPTED FOR APPROVAL,
7-0; A-84318)
4) Manager application of Kevin R. Meier for K-Sara
Enterprises, Inc. dba Kevin Meier Imports at 3540
Village Drive, Suite 200.(ADOPTED FOR APPROVAL,
7-0; A-84319)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 5 THRU 7 HAD 2ND READING)
5) 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, 2007.
Fact Sheet (69K)
Attachment (84K)
6) 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)
7) 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)
PUBLIC HEARING - RESOLUTIONS
8) 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. (ADOPTED, 6-1; MARVIN DISSENTING;
A-84320)
Fact Sheet (66K)
Attachment (24K)
9) 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. (ADOPTED, 7-0;
A-84321)
Fact Sheet (104K)
Attachment (65K)
10) 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.(ADOPTED, 7-0; A-84322)
Attachment (104K)
11) 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.
(ADOPTED, 7-0; A-84323)
Fact Sheet (59K)
Attachment (342K)
12) 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. (ADOPTED, 7-0; A-84324)
Fact Sheet (61K)
Attachment (175K)
13) 07R-85 Approving appropriations in the amount of
$31,000.00 from the operation of Keno lottery
funds for various human services.ADOPTED, 7-0;
A-84325)
Attachment (77K)
14) 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. (AMENDED, 7-0; ADOPTED AS
AMENDED, 7-0; A-84326)
Fact Sheet (13K)
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 April 23, 2007 at 1:30
p.m. for the Manager Application of Rachel Rickley
for Super Target Liquor of Nebraska, Inc. dba
Target Store T-0217 located at 333 N.48th Street.
(ADOPTED, 7-0; A-84327)
16) Setting the Hearing Date of April 23, 2007 at 1:30
p.m. for the Manager Application of Lucas R.
Proffitt for Hardage Hotels I, LLC dba Chase Suite
Hotel located at 200 S. 68th Place. (ADOPTED,
7-0; A-84328)
17) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
18) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on March 26,
2007. (PLACED ON FILE)
19) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on April 2, 2007.
(PLACED ON FILE)
20) Report from City Treasurer of Franchise Tax for
the month of February, 2007 from Aquila. (PLACED
ON FILE)
21) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for March 2007. (PLACED ON
FILE)
22) Report from City Treasurer of Telecommunication
Occupation Tax for the month of July, 2006 -
Sept. 2006: Amp'd Mobile; November,
2006: Amp'd Mobile, Inc.; January,
2007: Cricket, New Cingular, AT&T of
Midwest, Windstream of Midwest, Windstream Nebraska,
USCOC of Greater Iowa, Nebraska Technology, XO
Communications, Telephone Wireless, Business
Products, CIMCO, Global Crossing, Verizon-Bell
Atlantic, Verizon Select, Advanced Tel, Inc.,
Cincinnati Bell, VoiceCom, Guaranteed Phone
Service, Norstan Network, Telecorp, Global
Crossing, Telecomm. of Maryland, Intellicall
Operator, Qwest, GlobalStar USA, Broadband
Dynamics, Broadwing, Working Assets, USCOC of
NE/KS, Virgin Mobile USA, ACN, Primus, Trans
Nat'l, Andiamo, McLeodUSA, OnStar, UCN, Quantum
Shift, KDDI America, IBM Global, Earthlink,
TracFone, LDMI, Amp'd Mobile; February,
2007; NPCR dba Nextel, Alltel of Nebraska,
Alltel, Sprint Spectrum, Windstream of Midwest,
Windstream Nebraska, TWC Info Services, Sprint,
MCI WorldCom, Network Billing Systems, GTC
Telecom, Enhanced, Lightyear, Tri-M, Zone,
Cincinnati Bell, Acceris, Nextel West, GlobalCom,
BT Americas, SBC Long Distance, Acceris Management
& Acquistion, 360Networks, NOS, NOSVA, Covista,
Affinity Network, ATS Mobile. (PLACED ON FILE)
23) 07-41 Request of the Public Works Department to set
the public hearing date of Monday, April 30,
2007 at 5:30 p.m. on the formal City Council
agenda the following:
To provide authority to create and order
constructed under Special Assessment District
a 6-inch water main in South 34th Street from
Van Dorn Street north approximately 300 feet
and assess the costs thereof against the
benefitted property.(APPROVED, 7-0)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 24 HAD 1ST READING)
24) 07-58 Change of Zone 07010 – Application of Steve M.
Champoux for a change of zone from AG Agricultural
District to AGR Agricultural Residential District on
property generally located at 134th and A Streets.
Fact Sheet (1439K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 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.(PASSED, 7-0;
#18907)
Fact Sheet (55K)
Attachment (15145K)
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) (4/2/07-Amended)
(ADOPTED, 7-0; A-84329)
Attachment (492K)
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) (PASSED,
7-0; #18908)
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)(PASSED, 7-0; #18909)
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)(PASSED,
7-0; #18910)
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)(PASSED,
7-0; #18911)
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. (PASSED, 7-0; #18912)
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.(PASSED, 7-0;
#18913)
Fact Sheet (119K)
PENDING LIST - DATE CERTAIN
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)(WITHDRAWN, 7-0; #38-4552)
Fact Sheet (5490K)
40) 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)
41) 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)
42) 07-12 Change of Zone 06077 - Application of Firethorn
Investment for a change of zone from AGR
Agricultural Residential District to R-1
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)
43) 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)(WITHDRAWN,
7-0; #38-4553)
Fact Sheet (222K)
44) 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)
45) 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. (4/2/07 - Placed
on Pending, No Date Certain) (Request to Withdraw)
(WITHDRAWN, 7-0; #38-4554)
Fact Sheet (56K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, APRIL 16, 2007 AT 1:30 P.M.:
(APPROVED, 7-0)
46) 07R-87 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 - 31,
2007.
Fact Sheet (13K)
Attachment (21K)
47) 07R-88 Approving the appropriation of appropriate City
funds for a multi-year Joint Antelope Valley
(JAVA) Project, Antelope Valley Phase 2 Project
Channel Wall.
Fact Sheet (62K)
48) 07R-89 Approving an Interlocal Agreement between the City
and Lincoln Public Schools to provide for the
funding of a City library at the new Arnold
Elementary School with Keno Funds Libraries on
property generally located at N.W. 48th Street and
West Cuming Street.
Attachment (11K)
49) 07R-90 Approving a Lease and Development Agreement
between the City and Lincoln Public Schools to
provide for the construction, operation and
maintenance of a City library at the new Arnold
Elementary School generally located at N.W. 48th
Street and West Cuming Street.
Attachment (808K)
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 3:21 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
***