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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, FEBRUARY 5, 2007 AT 1:30 P.M. ALL MEMBERS PRESENT THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 19TH IN OBSERVANCE OF PRESIDENTS' DAY PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of Shubh Hotels Lincoln, LLC dba Marriott Cornhusker for a Class CK liquor license at 333 S. 13th Street. (ADOPTED FOR APPROVAL, 7-0; A-84223) 2) Manager application of Jamie Erickson for Shubh Hotels Lincoln, LLC dba Marriott Cornhusker at 333 S. 13th Street. (ADOPTED FOR APPROVAL, 7-0; A-84224) 3) Application of Lone Star Steakhouse & Saloon of Nebraska, Inc. dba Lone Star Steakhouse & Saloon for a Class I liquor license at 200 N. 70th Street. (ADOPTED FOR APPROVAL, 7-0; A-84225) 4) Manager application of Kimberly Bahm for Lone Star Steakhouse & Saloon of Nebraska, Inc. dba Lone Star Steakhouse & Saloon at 200 N. 70th Street. (ADOPTED FOR APPROVAL, 7-0; A-84226) 5) Manager application of Pamela Gregorios-Woll for DHABS, LLC dba Rococo Theatre at 140 N. 13th Street. (ADOPTED FOR APPROVAL, 7-0; A-84227) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6 & 7 HAD 2ND READING) 6) 07-18 Amending the pay schedule for certain employee groups by changing the title of Police Property and Evidence Supervisor to Police Property and Evidence Manager. Fact Sheet (51K) Attachment (78K) 7) 07-19 Amending Chapter 24.12 of the Lincoln Municipal Code relating to the Lincoln Plumbing Code by adding a new Section 24.12.062 to amend Section 220.0 of the Uniform Plumbing Code to add a definition for rain sensor; amending Section 24.12.160 to amend Section 603.4.6 of the Uniform Plumbing Code, Protection from Lawn Sprinkler and Irrigation Systems, to require the plans accompanying an application for a permit for the installation of any underground irrigation system show the inclusion of a rain sensor. Fact Sheet (72K) PUBLIC HEARING - RESOLUTIONS 8) 07R-28 Approving a temporary early retirement incentive program and establishing eligibility requirements, enrollment period, required retirement date and incentive amounts. (1/29/07 - Con't P.H. w/ Action 2/5/07) (AMENDED, 6-1; SVOBODA DISSENTING; ADOPTED AS AMENDED, 5-2; CAMP, SVOBODA DISSENTING; A-84228) Fact Sheet (139K) 9) 07R-32 Establishing a uniform policy for the naming and renaming of streets to identify the relevancy of said street names to Lincoln, prioritize names and establish a reimbursement policy for the City. (AMENDMENT #1 PASSED, 4-3; CAMP, ESCHLIMAN, SVOBODA DISSENTING; AMENDMENT #2 PASSED, 6-1; CAMP DISSENTING; AMENDMENT #3 FAILED, 3-4; CAMP, ESCHLIMAN, SVOBODA ASSENTING; LOST, 3-4; CAMP, ESCHLIMAN, SVOBODA ASSENTING; #38-4548) Fact Sheet (47K) PUBLIC HEARING ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 10) 07R-24 Approving the City of Lincoln North 56th Street & I-80 Redevelopment Agreement between Hartland Homes Inc., North Bluff Employment Center LLP, Roger H. Schwisow, Trustee, and Eldonna Schwisow, Trustee, and the City of Lincoln, relating to the annexation of approximately 400 acres of property generally located at N. 56th Street and I-80. (Related Items: 07R-24, 07-7, 07R-26, 07R-27) (Action Date: 2/5/07) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Attachment (111K) 11) 07-7 Annexation 03007 - Amending the Lincoln Corporate Limits Map by annexing approximately 415 acres of property generally located at N. 56th Street and I-80. (Related Items: 07R-24, 07-7, 07R-26, 07R-27) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Fact Sheet (532K) 12) 07R-26 Approving the Agreement between Roger Schwisow, Trustee, Eldonna Schwisow, Trustee, Hartland Homes, Detweiler Properties I, and the City of Lincoln, relating to the redevelopment project generally located at N. 56th Street and Alvo Road. (Related Items: 07R-24, 07-7, 07R-26, 07R-27) (Action Date: 2/5/07) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Attachment (674K) 13) 07R-27 Approving the Landowner Agreement Not to Protest Tax Assessments and to Pay Taxes between various property owners and the City of Lincoln, relating to the Community Redevelopment generally located at N. 56th Street and Arbor Road. (Related Items: 07R-24, 07-7, 07R-26, 07R-27) (Action Date: 2/5/07) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Attachment (20K) 14) 07R-29 Approving the 14th Street and Saltillo Road Conditional Annexation and Zoning Agreement between Nebco, Inc., Western Hemisphere Holding Company LLC, and the City of Lincoln relating to the annexation of approximately 81.83 acres of property generally located south of Saltillo Road between South 14th Street and South 25th Street. (Related Items: 07R-29, 07R-30, 07-8, 07-9, 07-10) (Action Date: 2/5/07) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Fact Sheet (52K) Attachment (1018K) 15) 07R-30 Approving the 25th Street and Saltillo Road Conditional Annexation and Zoning Agreement between Gary Templeton and Rose Templeton, Clark E. DeVries and Lisa J. DeVries, and the City of Lincoln relating to the annexation of approximately 7.06 acres of property generally located south of Saltillo Road between South 25th Street and the former Missouri Pacific Railroad right-of-way. (Related Items: 07R-29, 07R-30, 07-8, 07-9, 07-10) (Action Date: 2/5/07) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Fact Sheet (51K) Attachment (596K) 16) 07-8 Annexation 06012 - Amending the Lincoln Corporate Limits Map by annexing approximately 340.45 acres of property generally located southeast of S. 14th Street and Saltillo Road and northwest of S. 27th Street and Saltillo Road. (Related Items: 07R-29 07R-30, 07-8, 07-9, 07-10) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Fact Sheet (553K) 17) 07-9 Change of Zone 06042 - Application of Western Hemisphere Holding Company LLC for a change of zone from AG Agricultural District to I-1 Industrial District on property generally located at S. 25th Street and Saltillo Road. (Related Items: 07R-29, 07R-30, 07-8, 07-9, 07-10) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Fact Sheet (303K) 18) 07-10 Change of Zone 06043 - Application of Nebco, Inc. for a change of zone from AG Agricultural District to I-1 Industrial District on property generally located at S. 14th Street and Saltillo Road. (Related Items: 07R-29, 07R-30, 07-8, 07-9, 07-10) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (ACTION DELAYED FOR ONE WEEK TO 2/12/07, 7-0) Fact Sheet (491K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 19) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT: Change of Zone No. 07002 - App. of Olsson Associates from AG Agricultural District to B-1 Local Business District, B-2 Planned Neighborhood Business District, R-3 and R-4 Residential Districts, on property generally located at 98th and O Streets. Change of Zone No. 07003 - Req. of the Director of Planning, from AG Agricultural District to H-4 General Commercial District, on property generally located at N. 84th Street and Havelock Avenue. Change of Zone No. 07004 - Req. of the Director of Planning, amending Section 27.69.220 of the Lincoln Municipal Code relating to area signs for complexes or subdivision areas to revise regulations for complex or subdivision area identification signs. Special Permit No. 07001 - App. of Olsson Associates, Waterford Estates 1st Addition Community Unit Plan, for approx. 51 townhomes, with requests to waive setbacks, block length and sidewalks, on property generally located at 98th & O Streets. Special Permit No. 07002 - App. of T.C.W., LLC to allow a rock crushing recycling plant on property generally located at N. 3rd Street and Q Street. 20) MISCELLANEOUS REFERRALS - NONE REPORTS OF CITY OFFICERS 21) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on January 22, 2007. (PLACED ON FILE) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 THRU 27 HAD 1ST READING) 22) 07-24 Authorizing and providing for the issuance of small issue tax allocation bonds. 23) 07-25 Authorizing the execution and delivery of a Lease-Purchase Agreement with Union Bank & Trust Company, Lincoln, Nebraska, in an amount not to exceed $6,000,000 for the acquisition by the City of street lighting equipment. 24) 07R-40 Approving the Development and Conditional Zoning Agreement between the City and Steven Harms relating to the change of zone from AG Agricultural District to I-1 Industrial District, generally located at N. 84th Street and Cornhusker Highway. (Related Items: 07R-40, 07-20) (Action Date: 2/26/07) Attachment (139K) 25) 07-20 Change of Zone 06083 - Application of Steven Harms for a change of zone from AG Agricultural District to I-1 Industrial District on property generally located at N. 84th Street and Cornhusker Highway. (Related Items: 07R-40, 07-20) Fact Sheet (898K) 26) 07-21 Adopting the supplements to the Lincoln Municipal Code dated June, 2006 and December, 2006 as part of the official Lincoln Municipal Code. Fact Sheet (27K) 27) 07-22 Approving an Agreement between the City and the Hickman Presbyterian Church for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center program at 300 E Street, Hickman, for a period of September 1, 2006 through August 31, 2007. Fact Sheet (54K) Attachment (111K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 28) 07-14 Street Name Change 03002 - Renaming 15th Street between A and H Streets as Goodhue Boulevard. (PASSED, 6-1; ESCHLIMAN DISSENTING; #18875) Fact Sheet (754K) 29) 07-17 Approving an Agreement for Tower Space and Appurtenances and a Memorandum of Agreement between the City and Verizon Wireless for the placement of telecommunications facilities upon City property at Cooper Park generally located at 8th and D Streets. (PASSED, 7-0; #18876) Attachment (818K) 30) 07-6 Amending Chapter 2.38 of the Lincoln Municipal Code relating to StarTran by adding a new section numbered 2.38.130 to make it unlawful to possess firearms or dangerous weapons while in or upon any StarTran vehicle. (PASSED, 7-0; #18877) Fact Sheet (61K) 31) 07R-21 Approving the Prairie Village North Conditional Annexation and Zoning Agreement between Dubois Land LLC, Prairie Village North, LLC, Prairie Home Builders, Inc., Ryland Group, LLC, and North 47 Group, LLC and the City of Lincoln, relating to the annexation of approximately 23.34 acres of property generally located northeast of the intersection of N. 84th Street and Adams Street. (Related Items: 07R-21, 07-15, 07-16) (Action Date: 2/5/07) (ADOPTED, 7-0; A-84229) Attachment (626K) 32) 07-15 Annexation 06021 - Amending the Lincoln Corporate Limits Map by annexing approximately 23.34 acres of property generally located on the east side of North 84th Street, north of Adams Street. (Related Items: 07R-21, 07-15, 07-16) (PASSED, 7-0; #18878) Fact Sheet (195K) 33) 07-16 Change of Zone 05054A - Application of Prairie Home Builders Inc. to amend Prairie Village North Planned Unit Development for a change of zone from AG Agricultural District to R-3 and R-5 Residential Districts, from R-3 and R-5 Residential Districts and O-3 Office Park District to B-2 Planned Neighborhood Business District, and from B-2 Planned Neighborhood Business District to O-3 Office Park District, on property legally described as Lots 28, 29, 35, 36, and 41 I.T. and a portion of Lots 23, 42, and 43 I.T. all located in Section 11-10-7, and Outlot C, Prairie Village Addition, all of Lots 106 and 107 I.T., and a portion of Lot 96 I.T., all located in the Northwest Quarter of Section 14-10-7, Lancaster County, Nebraska, generally located at N. 84th Street and Adams Street; for a Planned Unit Development District designation of said property; and for approval of a development plan which proposes modifications to the zoning ordinance and land subdivision ordinance to allow a maximum of 1,063 dwelling units and 600,000 square feet of commercial floor area north of Adams Street and 285,000 square feet of commercial floor area south of Adams Street. (Related Items: 07R-21, 07-15, 07-16) (PASSED, 7-0; #18879) Fact Sheet (1192K) 34) 06R-231 Appeal of Julie Shipman Burns from the Planning Commission approval of Special Permit 06062 for authority to operate sand, gravel and soil excavation on property generally located one- quarter mile east of North 56th Street/Highway 77 between Waverly Road and Mill Road. (12/11/06 - Public Hearing & Action con't. to 1/29/07) (1/29/07 - Con't P.H. w/3rd Reading 2/5/07) (1/29/07 - Action delayed to 2/5/07) (LOST, 2-5; CAMP, SVOBODA ASSENTING; #38-4549) Fact Sheet (406K) RECONSIDERATION 35) 07R-8 Approving an Amended Redevelopment Agreement between the City and Hy Vee, Inc. previously adopted by the City Council with Resolution No. A-83893 on June 26, 2006, to provide for construction of N. 50th Street. (AMENDED, 7-0; ACCEPTED THE SUBSTITUTE FIRST AGREEMENT TO THE REDEVELOPMENT AGREEMENT, 6-1; CAMP DISSENTING; ADOPTED AS AMENDED, 7-0; A-84230) Attachment (296K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK, SEE ITEM 40) 36) 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) 37) 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) 38) 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 (56K) Attachment (394K) 39) 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) 40) 06-16 Repealing Chapter 14.44 of the Lincoln Municipal Code relating to Obstructions on Corner Lots as the requirements set forth in Chapter 14.44 would be more appropriately addressed in the City of Lincoln Design Standards. (2/27/06 - Placed on Pending for 8 wks to 4/24/06 (Action only) (4/17/06 - Moved to Pending List, No Date Certain) (REMOVED FROM PENDING, 7-0; #38-4550) Fact Sheet (14K) 41) 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) 42) 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) 43) 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) 44) 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) 45) 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) 46) 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) 47) 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, FEBRUARY 12, 2007 AT 1:30 P.M.: (APPROVED, 7-0) 48) 07R-41 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of January 16 - 31, 2007. Fact Sheet (13K) Attachment (20K) 49) 07R-42 Directing submittal to the qualified electors of the City a proposed Charter amendment amending Art. IX, relating to Finance and Taxation to provide that taxes may be paid by checks or electronic transfers as well as cash, to provide City claims be paid by checks as well as warrants, and to replace outdated language. Fact Sheet (49K) 50) 07R-33 Appointing Maura Kelly-Tolzin and John Glynn to the Government Access and Information Committee for one-year terms expiring December 31, 2007. Attachment (45K) 51) 07R-34 Appointing Kimberly Bro to the Lincoln Housing Authority Board to fill an unexpired five-year term expiring July 1, 2010. Attachment (22K) 52) 07R-35 Appointing Charles W. "Bill" Bowmaster to the Veterans Memorial Garden Advisory Council for a three-year term expiring November 1, 2008. Attachment (20K) 53) 07R-43 Appointing Peter C. (Chris) Hove to the Lincoln Airport Authority Board to fulfill an unexpired term, expiring upon the general election of May, 2007.Attachment (138K)54) 07R-36 Special Permit No. 1989A - Application of Sid Dillon Automobile Dealership to modify the Design Standards for parking lots to allow 20 foot candle lighting levels in the display areas on property generally located at S. 27th Street and Kendra Lane. Fact Sheet (1005K) 55) 07R-37 Comp. Plan Conformance 06019 - Approving and Adopting an amendment to the Lincoln Center Redevelopment Plan for the establishment of the "North Haymarket Arts and Humanities Center Project Area" generally bounded by S Street on the north, 9th Street on the east, R Street on the south, and 8th Street on the west. Fact Sheet (740K) Attachment (1070K) 56) 07R-38 Comp. Plan Conformance 06017 - Approving and adopting an amendment to the West O Redevelopment Plan to add three potential new projects generally bounded by 10th Street on the east, 1/2 mile west of N.W. 70th Street on the west, and either side of West O Street, located south of Interstate 80 and north of the Burlington Railroad Yard on the south. Fact Sheet (737K) 57) 07R-39 Application of the University of Nebraska Lincoln to use the public right-of-way to place a fiber optic line from the Bob Devaney Sports Center Complex to the University of Nebraska-Lincoln's Transportation Services Building at 1931 N. Antelope Valley Parkway. Fact Sheet (54K) Attachment (56K) 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 (2/7/07) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 2/12/07. 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 FEBRUARY ARE THE 12TH AND 26TH. ADJOURNMENT 4:54 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. **** The City Council Agenda and Action Sheet may be accessed on the Internet at: lincoln.ne.gov ***