City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 11, 2007 AT 1:30 P.M.
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MAY, 2007 WAS
PRESENTED TO ROGER "HOUSTON" DOAN AND BRADLEY KASTL OF THE
DEPARTMENT OF AGING IN THE CATEGORY OF PRODUCTIVITY AND
CUSTOMER RELATIONS.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of My Piezano's LLC dba Piezano's
for a Class I liquor license at 2740 South Street.
(ADOPTED FOR APPROVAL, 7-0; A-84393)
2) Manager application of Jeff Ford for My Piezano's LLC dba
Piezano's at 2740 South Street. (ADOPTED FOR APPROVAL,
7-0; A-84394)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 3
THRU 10 HAD 2ND READING.)
3) 07-87 Vacation 07002 - Vacating portions of
Prescott and Lowell Avenues and an east-west
alley in Block 30, generally located in
Prescott and Lowell Avenues between S. 49th
St. and S. 51st St. (Related Items: 07-87,
07-90)
Fact Sheet (459K)
4) 07-90 Change of Zone 07019 - Application of College
View Seventh-Day Adventist Church for a
change of zone from R-4 Residential Dist. to
R-6 Residential Dist. on property generally
located at S. 49th St. and Lowell Ave.
(Related Items: 07-87, 07-90)
Fact Sheet (312K)
5) 07-88 Vacation 07005 - Vacating the right-of-way
for N. 61st St. north of Aylesworth Ave. at
Brownell Elementary School.
Fact Sheet (415K)
6) 07-89 Vacation 06009 - Vacating the north-south
alley between N. 65th St. and Cotner Blvd.
from Garland St. to Colby St.
Fact Sheet (188K)
7) 07-91 Change of Zone 07025 - Application of
Nebraska Nurseries for a change of zone from
R-3 Residential Dist. to B-2 Planned
Neighborhood Business Dist. on property
generally located at S. 80th St. and Pioneers
Blvd.
Fact Sheet (259K)
8) 07-92 Change of Zone 07026 - Application of HWS
Consulting Group for a change of zone from AG
Agricultural Dist. to R-3 Residential Dist.
on property generally located at N.W. 48th
St. and W. Cuming St.
Fact Sheet (256K)
9) 07-93 Comp. Plan Conformance 07011 - Declaring
approximately 2,490 sq. ft. as surplus
property generally located at N. 42nd St. and
Cornhusker Hwy.
Fact Sheet (364K)
10) 07-94 Approving an Agreement between the City and
Trinity Baptist Church for the lease of space
by the Lincoln Area Agency on Aging for its
ActivAge Center program at 3801 LaSalle St.,
for a period of June 1, 2007 through August
31, 2007.
Fact Sheet (62K)
Attachment (80K)
PUBLIC HEARING - RESOLUTIONS
11) 07R-113 Approving a change in ownership of Lincoln's
Big Red Keno to EHPV Lottery Services LLC.
(ADOPTED, 7-0; A-84395)
Fact Sheet (69K)
Attachment (173K)
12) 07R-114 Amending the Lincoln-Lancaster County Air
Pollution Control Regulations and Standards to
update the regulations in conformance with United
States Environmental Protection Agency and the
Nebraska Department of Environmental Quality.
(ADOPTED, 7-0; A-84396)
Fact Sheet (66K)
Attachment (595K)
13) 07R-115 Approving a change to the Management Agreement
between the City and SMG for management,
marketing, entertainment, administration, and
procurement services for Pershing Municipal
Auditorium to provide for a change in ownership of
SMG. (ADOPTED, 7-0; A-84397)
Fact Sheet (66K)
Attachment (38K)
14) 07R-116 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 16 - 31,
2007. (ADOPTED, 7-0; A-84398)
Fact Sheet (13K)
Attachment (17K)
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 PLANNING DEPT.:
Change of Zone 07033 - Application of
Director of Lincoln Parks and Recreation amending
Title 27 of the LMC relating to zoning by amending
Sections 27.27.025, 27.28.030, 27.31.040,
27.37.025, and 27.51.040 to allow joint parking
lots and parking garages as a permitted
conditional use in the O-3, R-T, B-2, B-5 and I-3
zoning districts subject to the following
conditions; (1) the joint parking use shall be
authorized by cross access easements or by written
agreement between the parties to such use and, (2)
the aggregate number of parking stalls provided
shall be sufficient to satisfy the required
parking for each use; and repealing Sections
27.27.025, 27.28.030, 27.31.040, 27.37.025, and
27.51.040 of the Lincoln Municipal Code as
hitherto existing.
Change of Zone 07034 - Application of
Director of Planning from P Public Use District to
O-3 Office Park District on property located at
South 67th Street and Pioneers Boulevard.
Change of Zone 07035 - Application of
Director of Planning amending Title 27 of the LMC
relating to zoning by amending Section 27.35.070,
Height and Area Regulations, to change the front,
side and rear yard setbacks to zero in the area of
the B-4 Lincoln Center Business District located
from 150 feet east of 17th Street to the eastern
boundary of the B-4 Lincoln Center Business
District.
Combined Special/Use Permit 19A -
Application of 70th Street Properties,
Inc. for an amendment to adjust required setbacks
within the O-3 Office Park District on property
located at 1710 S. 70th Street.
Use Permit 106B - Application of One Vista,
LLC for an amendment to add an additional office
building of up to approximately 60,000 sq. ft. of
office floor area with an adjustment to required
parking on property located at S. 67th Street and
Pioneers Boulevard.
Special Permit 07016 - Application of Mike
Michel for the authority to sell alcoholic
beverages for consumption on and off the premises
on property located at Sun Valley Boulevard and
Westgate Boulevard.
Special Permit 07017 - Application of
Thomas Madsen for expansion of a nonconforming use
to add an outdoor caf‚ with authority to sell
alcoholic beverages for consumption on the
premises, on property located at N. 48th Street and
Dudley Street.
Special Permit 07018 - Application of
Phantom of Nebraska, Inc. for outdoor seasonal
sales to allow a temporary fireworks stand on
property located at S. 21st Street and Capitol
Parkway.
Special Permit 07020 - Application of
Albert Williams for an expansion of a
nonconforming use on property located at S.
40th Street and Calvert Street.
16) Setting the Hearing Date of June 25, 2007 at 5:30
p.m. for the Manager Application of Ronn Sorensen
for Beacon Hills of Lincoln, LLC dba Beacon Hills
located at 5353 North 27th Street.(ADOPTED, 7-0;
A-84399)
17) Setting the Hearing Date of June 25, 2007 at 5:30
p.m. for Application of Box Awesome LLC dba Box
Awesome for a Class C liquor license at 815 O
Street, Ste. 2.(ADOPTED, 7-0; A-84400)
18) Setting the Hearing Date of June 25, 2007 at 5:30
p.m. for Application of James Vuong dba Ambiance
Nail Spa for a Class I liquor license located at
2755 Jamie Lane, Ste 3.(ADOPTED, 7-0; A-84401)
19) Setting the Hearing Date of June 25, 2007 at 5:30
p.m. for Application of Doughboyz, Inc. dba
Doughboyz Bistro/Scrumpy Jacks for an addition to
premise/reconstruction at 5520 S. 56th Street,
Ste. 185-195.(ADOPTED, 7-0; A-84402)
20) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
21) Resolution levying the special taxes assessed for
the costs of the improvements in the North
27th Street Improvement Maintenance District.
(ADOPTED, 7-0; A-84403)
22) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended April, 2007.
(ADOPTED, 7-0; A-84404)
23) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for May, 2007. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 29 HAD 1ST READING.)
24) 07-74 Amending Title 8 of the Lincoln Municipal
Code relating to Health and Sanitary by
creating a new Chapter 8.18 entitled
"Communicable Disease Act" to define and
authorize actions related to communicable,
contagious and infectious diseases.
Fact Sheet (67K)
Attachment (12K)
25) 07-99 Amending the pay schedule for a certain
employee group by creating the classification
of Senior Public Health Nurse.
Fact Sheet (50K)
26) 07-95 Approving the sale of the three City owned
properties (the Triplets) located at 1425,
1437, and 1441 N. 15th Street for appraised
values or above.
Fact Sheet (74K)
27) 07-96 Approving a multi-year agreement between the
City and Midwest Golf Inc. for the sale of
advertising on tee signs at each of the
City's five golf courses.
Fact Sheet (89K)
Attachment (23K)
28) 07-98 Change of Zone 07028 - Application of Hidden
Valley Estates LLC for a change of zone from
AG Agricultural District to AGR Agricultural
Residential District on property generally
located south of S. 112th Street and Pine
Lake Road. (Related Items: 07-98, 07R-119)
Fact Sheet (383K)
29) 07R-119 Approving the Development and Conditional Zoning
Agreement between the City and Hidden Valley
Estates LLC relating to the development of
property generally located at S. 112th Street and
Pine Lake Road. (Related Items: 07-98, 07R-119)
(Action Date: 6/25/07)
Attachment (10K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 07-81 Ordinance authorizing and providing for the
issuance of not to exceed $8,500,000
aggregate principal amount of general
obligation storm water bonds of the City of
Lincoln, Nebraska. (PASSED, 7-0; #18931)
31) 07-82 Amending Section 10.16.070 of the Lincoln
Municipal Code relating to proof of financial
responsibility by adding language regarding
presumption of use by vehicle owners; further
defining requirements of financial
responsibility; specifying advisements
currently part of state statutes; and
increasing the penalty to a misdemeanor to be
comparable with state statutes.(PASSED, 7-0;
#18932)
Fact Sheet (17K)
32) 07-83 Change of Zone 07021 - Application of Eiger
Corporation for a change of zone from AG
Agricultural Dist. to B-5 Planned Regional
Business Dist. on property generally located at
Eiger Drive andn S. 84th St. (PASSED, 7-0;
#18933)
Fact Sheet (210K)
33) 07-84 Change of Zone 07024 - Application of Buffalo
Grass LLC for a change of zone from O-3
Office Park Dist. to B-2 Planned Neighborhood
Business Dist. on property generally located
southeast of the intersection of S. 27th St.
and Yankee Hill Road. (PASSED, 7-0; #18934)
Fact Sheet (382K)
34) 07-85 Change of Zone 07023 - Amending Section
27.69.300 of the Lincoln Municipal Code to
allow the Director of Planning to approve
minor modifications to a Special Sign District.
(Related Items: 07-85, 07-86) (PASSED, 6-1;
COOK DISSENTING; #18935)
Fact Sheet (24K)
35) 07-86 Change of Zone 2938B - Application of
Nebraska Technology Park to amend the
standards of the University of Nebraska
Technology Park Special Sign District to
allow wall signs oriented to Interstate 80,
W. Highland Blvd. or NW 1st St. & to permit
administrative amendments for minor
deviations from the Special Sign District.
(Related Items: 07-85, 07-86)(PASSED, 7-0;
#18936)
Fact Sheet (351K)
36) 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 St. 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) (Request to hold P.H. 6/4/07)
(Action Date: 6/11/07) (5/21/07 - To Have P.H.
6/4/07) (AMENDED #1, 7-0; AMENDED #2, SUBSTITUTE
AGRMT.,7-0; ADOPTED AS AMENDED, 7-0; A-84405)
Attachment (40K)
37) 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 St. 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) (Request to hold
P.H. 6/4/07) (5/21/07 - To Have P.H.6/4/07)
(PASSED, 7-0; #18937)
Fact Sheet (1007K)
38) 07-12 Change of Zone 06077 - Application of
Firethorn Investment for a change of zone
from AGR Agricultural Residential Dist. to R-1
Residential Dist. on property generally
located northeast of the intersection of S.
84th St. and Pioneers Blvd. (Related
Items: 07R-25, 07-11, 07-12, 07-13, 07R-20,
07R-110) (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) (Request to hold P.H. 6/4/07)
(5/21/07 - To Have P.H. 6/4/07)(PASSED, 7-0;
#18938)
Fact Sheet (652K)
39) 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 St. and Pioneers Blvd.
(Related Items: 07R-25, 07-11, 07-12, 07-13,
07R-20, 07R-110) (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) (Request to hold P.H.
6/4/07) (Action Date: 6/11/07) (5/21/07 - To Have
P.H. 6/4/07)(ADOPTED, 7-0; A-84406)
Fact Sheet (1235K)
40) 07R-110 Vacation 07006 - Vacating the north 530 feet of S.
88th St., north of Taliesin Dr. (Related Items:
07R-25, 07-11, 07-12, 07-13, 07R-20, 07R-110)(Action
Date: 6/11/07) (5/21/07 - To Have P.H. 6/4/07)
(ADOPTED, 7-0; A-84407)
Fact Sheet (485K)
PENDING LIST - DATE CERTAIN
41) 07-78 Misc. 07004 - Amending Title 26 of the
Lincoln Municipal Code relating to Land
Subdivision to provide requirements and
criteria to prevent and control water
pollution from construction site discharges
and diminish adverse impacts to health,
safety, property, and the general welfare of
the citizens of the City of Lincoln by adding
new sections numbered 26.07.085, 26.07.123,
26.07.125, 26.07.137, 26.07.138, 26.07.164,
26.07.166, 26.07.167, and 26.27.168 to
provide definitions for "construction
activity," "individual site construction,"
"mini-SWPPP," "permit in conformance with
Chapter 28.01," "person," "stop work order,"
"storm drainage system," "stormwater," and
"stormwater pollution prevention plan
(SWPPP)", respectively; by amending Sections
26.11.038, 26.23.190, and 26.27.060 to
require compliance with Chapter 28.01 for
construction activity and individual site
construction; by amending Section 26.31.040
to allow enforcement action and removal
authority by the City in the event sediment
is deposited in a storm drainage system.
(Related Items: 07-78, 07-79, 07-80, 07R-102)
(6/4/07 - Con't. P.H. w/Action to 6/25/07)
Fact Sheet (481K)
42) 07-79 Change of Zone 07015 - Amending Section
27.81.010 of the Lincoln Municipal Code
relating to General Regulations of the Zoning
Code and to require compliance with Chapter
28.01, Regulations for Construction Site
Discharges, for construction activity.
(Related Items: 07-78, 07-79, 07-80, 07R-102)
(6/4/07 - Con't. P.H. w/Action to 6/25/07)
Fact Sheet (475K)
43) 07-80 Creating a new Title 28 "Stormwater Quality
and Erosion and Sediment Control" to
consolidate the erosion and sediment control
requirements in a single chapter called
"Regulations for Construction Site
Discharges" to meet all state and federal
requirements. (Related Items: 07-78, 07-79,
07-80, 07R-102) (6/4/07 - Con't. P.H. w/Action
to 6/25/07)
Fact Sheet (98K)
44) 07R-102 Misc. 07005 - Amending the City of Lincoln Design
Standards to set forth standards for construction
site stormwater discharges pursuant to the
National Pollutant Discharge Elimination system
(NPDES) under the Federal Clean Water Act and the
Nebraska Environmental Protection Act by amending
Chapter 2.05 "Stormwater Drainage Design
Standards, Section 11 "Erosion and Sediment
Control" to repeal Sections 11.1 and 11.2 and to
add new Section 11.1 setting forth the purpose and
scope of the design standards for erosion and
sediment control; to add new Section 11.2
requiring that a permit and SWPPP be submitted to
the Lower Platte South Natural Resources District
for any construction activity; to add new
Section 11.3 setting forth requirements for
Individual Site Construction; and to add new
Section 11.4 which adopts by reference Chapter 9
of the City's Drainage Criteria Manual.
(Related Items: 07-78, 07-79, 07-80, 07R-102)
(Action Date: 6/4/07) (6/4/07 - Con't. P.H.
w/Action to 6/25/07)
Fact Sheet (540K)
Attachment (17K)
45) 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) (5/7/07 - P.H. con't. to
7/23/07)
Fact Sheet (1005K)
46) 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 - 2>ND Reading & P.H. Con't. to 5/7/07
w/ Action 5/14/07) (Request to Delay Action w/con't.
P.H. to 7/23/07)(5/14/07 - Action Delayed w/con't.
P.H. to 7/23/07)
Fact Sheet (1439K)
PENDING LIST (EXTENDED ONE WEEK)
47) 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)
48) 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 St. and Havelock Ave. (Related
Items: 05R-301, 05R-302)(12/19/05 - Placed on
Pending Indefinitely)
Fact Sheet (676K)
49) 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 St. and Havelock Ave. as
commercial. (Related Items: 05R-301, 05R-302)
(12/19/05 - Placed on Pending Indefinitely)
Fact Sheet (676K)
Attachment (394K)
50) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from R-4
Residential to R-2 Residential on property
generally located at N. 24th and Superior Streets.
(12/19/05 - Placed on Pending Indefinitely)
Fact Sheet (1465K)
51) 06-209 Approving a transfer of appropriations and cash
(where appropriate) between projects within several
Part B 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)
52) 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. (5/7/07 - Placed on
Pending, No Date Certain)
Fact Sheet (13K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 18, 2007, AT 1:30 P.M.:
53) 07R-117 Approving the Comparison of Methods for Estimation
of Annual Pollutant Loads from Storm Drain
Discharge by the University of Nebraska - Lincoln
for evaluation of historic pollutant loads and of
proposed monitoring locations for a period of
May 15, 2007 through December 31, 2007.
Fact Sheet (58K)
Attachment (390K)
54) 07R-118 Approving the Fiscal Year 2007 Action Plan: One
Year Use of Funds for Plan for HUD Entitlement
Programs.
Fact Sheet (207K)
Attachment (2686K)
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 A.M.
ON THE WEDNESDAY (6/6/07) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH
IS 6/11/07.
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 JUNE ARE THE 11TH AND THE 25TH.
ADJOURNMENT 3:54 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
***