City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTIN FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 7, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF MAY 28TH DUE TO HOLIDAY
THE NIGHT MEETING WILL BE MONDAY, MAY 21ST AT 5:30 P.M.
MAYOR'S AWARD OF EXCELLENCE - FOR THE MONTH OF APRIL IS SERGEANT
MICHAEL BASSETT, OFFICERS ZACHARY BYERS, CASSANDRA JOHNSON AND
MEGAN SCHRIENER OF THE LINCOLN POLICE DEPT. IN THE CATEGORY OF
PRODUCTIVITY AND CUSTOMER RELATIONS.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Tina Krings for
Casey's Retail Company dba Casey's General
Store #1934 at 550 W. Cornhusker Hwy., #2720
at 1001 S. 13th Street, at 2723 at 1140 N.
48th Street, #2724 at 3003 N. 70th Street,
#2729 at 5500 Superior Street, and #2745 at
2243 N. Cotner Blvd.(ADOPTED FOR APPROVAL, 7-0;
A-84347)
2) Application of 55 Degrees, Inc. dba Bread & Cup
for a Class I liquor license at 801 S Street.
(ADOPTED FOR APPROVAL, 7-0; A-84348)
3) Manager application of Kevin W. Shinn for 55
Degrees, Inc. dba Bread & Cup at 801 S Street.
(ADOPTED FOR APPROVAL, 7-0; A-84349)
4) Application of Van Eiser LLC dba Venue for the
addition of a catering license to their Class I
liquor license at 4111 Pioneer Woods Drive.
(ADOPTED FOR APPROVAL, 7-0; A-84350)
5) Application of Nebraska State Board of Agriculture
for a special designated license covering a
triangular area measuring approximately 2,145 feet
by 600 feet at 1800 State Fair Park Drive on June
22, 2007 from 2:00 p.m. to 12:00 a.m., June 23,
2007 from 9:00 a.m. to 12:00 a.m., and on June 24,
2007 from 12:00 p.m. to 6:00 p.m. (WITHDRAWN,
7-0; #38-4555)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 8 HAD 2ND READING)
6) 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. (Request
of applicant to continue P.H. to 5/7/07)
(4/16/07 - 2ND Reading & P.H. Con't.
to 5/7/07 w/ Action 5/14/07)
Fact Sheet (1439K)
7) 07-72 Amending the pay schedule of employees whose
classification is assigned to the pay range
which is prefixed by the letter M by changing
the pay range for the job classification of
"Internal Auditor."
Fact Sheet (48K)
8) 07-73 Amending Title 20 of the Lincoln Municipal Code, the
Building Code, by adding a new Chapter 20.02,
entitled Neglected Building Registration, to
require registration of neglected, deteriorated
and/or abandoned buildings, to require the filing of
plans for restoration or demolition of abandoned
buildings, and to establish penalties for violations
thereof. (PLACED ON PENDING W/NO DATE CERTAIN,
6-1; NEWMAN DISSENTING)
Fact Sheet (13K)
PUBLIC HEARING - RESOLUTIONS
9) 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) (PUBLIC HEARING CONTINUED TO 7/23/07,
7-0.)
Fact Sheet (1005K)
10) 07R-94 Approving a Conservation Easement Agreement
between Roger and Eldonna Schwisow and Detweiler
Investments and the City of Lincoln over
approximately 5.12 acres in Northbank Junction 1st
Addition and 10.15 acres over Lot 22 I.T. located
in the Northeast Quarter of Section 32, Township
11 North, Range 7 East, generally located at N.
56th Street and Alvo Road, to preserve the flood
storage capacity on the properties. (ADOPTED,
7-0; A-84351)
Attachment (500K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
11) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 2938B - Application
requested by Thomas C. Huston to amend Ordinance
#17504, University of Nebraska Technology Park
Special Sign District standards to allow wall
signs to face I-80, West Highland Blvd. or N.W.
1st Street on buildings west of N.W. 1st Street and
to allow administrative amendments for minor
deviations from the Special Sign District.
Change of Zone 07021 - Application of Eiger
Corporation from AG to B-5 on property located at
Andermatt Drive and Eiger Drive.
Change of Zone 07022 - Application of Hoppe
Partners, Ltd. from R-6 to B-4 on property located
at S. 19th Street and L Street.
Change of Zone 07023 - Application of
Planning Director to amend Section 27.69.300 of
the Lincoln Municipal Code, "Other Permitted
Signs, nonresidential; Special Sign District", to
allow the Planning Director to approve minor
modifications to a Special Sign District.
Change of Zone 07024 - Application of
Olsson Associates for Don Linscott from O-3 to B-2
on property located at S. 27th Street and Yankee
Hill Road.
Use Permit 123E - Application of Olsson
Associates for Complete Children's Health for an
amendment to adjust lot layouts and to waive the
requirement that lots front onto public or private
roads on property located at N. 33rd Street and
Folkways Blvd.
Use Permit 154C - Application of Olsson
Associates for Don Linscott for an amendment to
allow waivers of the requirements for lots to
front onto public or private roads, sidewalks, and
street trees on property located at S.
27th Street and Yankee Hill Road.
Special Permit 07012 - Application of
Southview Holding Company, Inc. for an early
childhood care facility on property located at N.
1st Street and Highlands Blvd.
12) Setting the Hearing Date of Monday, May 21, 2007
at 5:30 p.m. for the App. of Casey's Retail
Company dba Casey's General Store 2720 for
reconstruction to premise at 1001 S. 13th
Street. (ADOPTED, 7-0; A-84352)
13) Setting the Hearing Date of Monday, May 21, 2007
at 5:30 p.m. for the App. of Casey's Retail
Company dba Casey's General Store 2724 for
reconstruction to premise at 3003 N. 70th
Street. (ADOPTED, 7-0; A-84353)
14) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
15) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on April 30,
2007.(PLACED ON FILE)
16) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for April, 2007. (PLACED
ON FILE)
17) Report from City Treasurer of Franchise Tax for
the month of March, 2007 from Aquila. (PLACED ON
FILE)
18) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended March 31, 2007.
(APPROVED, 7-0; A-84354)
19) Report from City Treasurer of Telecommunication
Occupational Tax for the months of Jan.-Mar.,
2007: Aliant, MegaPath, T-Mobile Central, Comtech
21, Helio, Network US, Enhanced, NECC,
Digizip.com; February 2007: D&D, USCOC of Greater
Iowa, NE Technology, New Cingular, AT&T Comm. of
Midwest, Cricket, TracFone, XO Comm., LDMI,
Andiamo, Earthlink, VoiceCom, Advanced Tel, IBM
Global, Quantum Shift, Norstar Network, Guaranteed
Phone, Global Crossing, Telecomm. Systems Corp. of
Maryland, Global Crossing Bandwidth, Verizon Bell
Atlantic, ACN Comm., Verizon-Verizon Sale at
Services, Movida, Telecorp Comm., Globalstar USA,
USCOC of NE/KS, Intelliccall, Working Assets,
Broadwing, Trans National, McLeodUSA, Qwest,
OnStar, UCN, Virgin Mobile, KDDI America, Business
Prod. Solutions, Liberty Wireless, CIMCO, Who's
Calling, Primus, Level 3; March 2007: Sprint, TWC
Info, Nextel, MCI WorldCom, Sprint Spectrum,
Alltel Comm. of NE, Alltel, Covista, 360networks
(USA), AmeriVision, Acceris Management &
Acquisition, First Comm., BT Americas, SBC Long
Distance, Acceris, Affinity Network, Globalcom,
Lightyear, Tri-M, GTC, Zone, Enhanced, Nextel
West, NOSVA, 800 Response Info., NOS, Network
Billing Systems, Comtel, AT&T of Midwest, Level 3
Comm. (PLACED ON FILE)
20) 07R-95 Appointing Marvona Tavlin to the Keno Advisory
Board to fill an unexpired three-year term and to
a full three-year term expiring July 1, 2010.
(ADOPTED, 7-0; A-84355)
Attachment (119K)
21) 07R-98 Reappointing Jeff Steffensmeier to the Keno
Advisory Board for a three-year term expiring July
1, 2010.(ADOPTED, 7-0; A-84356)
Attachment (36K)
22) 07R-96 Appointing Mary Herres and Jerrod Jaeger to the
Cable Advisory Board to fill unexpired three-year
terms expiring July 1, 2009 and July 1, 2007,
respectively, and appointing Jerrod Jaeger to a
full three-year term expiring July 1, 2010.
(ADOPTED, 7-0; A-84357)
Attachment (55K)
23) 07R-97 Reappointing Stuart Long and Jim Johnson to the
Cable Advisory Board for three-year terms expiring
July 1, 2010.(ADOPTED, 7-0; A-84358)
Attachment (36K)
24) Setting a hearing date of Monday, June 4, 2007, at
1:30 p.m. for the Board of Equalization on the
North 27th Street Maintenance District.(APPROVED,
7-0)
25) Setting a hearing date of Monday, May 21, 2007, at
5:30 p.m. on the report of Public Works/Sidewalk
Services for snow and ice removal assessments for
the 2006-2007 winter season against various
properties. (APPROVED, 7-0)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 07-41 Creating Water District No. 1197 for the
purpose of constructing a 6-inch diameter
water main in S. 34th Street from Van Dorn
Street north approximately 300 feet and
assessing the cost thereof against the
benefitted properties. (PASSED, 7-0; #18919)
Fact Sheet (56K)
Attachment (555K)
27) 07-67 Declaring approximately 0.07 acres generally
located at S. 44th Street and Calvert Street
as surplus property. (PASSED, 7-0; #18920)
Fact Sheet (121K)
28) 07-68 Declaring approximately 0.7 acres generally
located at S. 39th Street and Van Dorn Street
as surplus property. (PASSED, 7-0; #18921)
Fact Sheet (134K)
29) 07-69 Change of Zone 07013 - Amending Title 27 of
the Lincoln Municipal Code relating to Zoning
by amending Section 27.71.210, Enlargement
and Alteration of Lots, to clarify language
that conflicts with other provisions of the
zoning regulations. (PASSED, 7-0; #18922)
Fact Sheet (142K)
30) 07-70 Change of Zone 07016 - Application of David
Titterington for a change of zone from R-2
Residential District to H-2 Highway Business
District, on property generally located at N.
49th Street and Orchard Street. (PASSED, 7-0;
#18923)
Fact Sheet (276K)
31) 07-71 Change of Zone 07017 - Application of Waterford
Estates, LLC, for a change of zone from R-3
Residential District to B-1 Local Business District
on property generally located northeast of N. 98th
Street and O Street. (PASSED, 7-0; #18924)
Fact Sheet (295K)
PENDING LIST - DATE CERTAIN
32) 07-66 Amending Chapter 14.70 of the Lincoln Municipal Code
relating to Excavations by amending Section
14.70.010 to authorize conditions to be placed in
excavation permits that are for the public interest,
and adding a new section numbered 14.70.015 to set
forth specific conditions and requirements to be
placed on excavation permits that are reasonably
necessary for the public interest.(4/30/07 - P.H.
& 2nd Reading con't to 5/21/07)
Fact Sheet (15K)
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 06-209 Approving a transfer of appropriations and cash
Part B (where appropriate)between projects withih 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)
38) 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)
39) 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)
40) 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)
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, MAY 14, 2007 AT 1:30 P.M.:
(APPROVED, 7-0)
42) 07R-100 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 16 - 30,
2007.
Fact Sheet (13K)
Attachment (18K)
43) 07R-101 Approving Conservation Easements for the
preservation and enhancement of green space and
associated agreements over Outlot B, Apples Way
Addition and Outlot A, Artisan Meadows Addition,
generally located southwest of Highway 2 and
Apples Way.
Fact Sheet (58K)
Attachment (1024K)
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 (5/9/07) PRIOR TO THE NEXT FORMAL
CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION
WHICH IS 5/14/07.
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 MAY ARE THE 14TH AND THE 21ST.
ADJOURNMENT 3:42 P.M.