
City of Lincoln
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City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, FEBRUARY 12, 2007 AT 1:30 P.M. THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 19TH IN OBSERVANCE OF PRESIDENTS' DAY ALL MEMBERS PRESENT MAYOR'S AWARD OF EXCELLENCE - PRESENTED TO CLIFTON CARPENTER, BUS OPERATOR WITH STARTRAN, IN THE CATEGORY OF SAFETY. PUBLIC HEARING LIQUOR RESOLUTIONS 1) Manager application of Barney Cosner for the Nebraska State Fair Board dba Nebraska State Fair Park at 1800 State Fair Park Drive. (ADOPTED FOR APPROVAL, 7-0; A-84231) 2) Application of Robin Inc. dba ROC's Stop & Shop for a Class D liquor license at 5757 S. 85th Street. (ADOPTED FOR APPROVAL, 7-0; A-84232) 3) Manager application of Larry E. Semin for Robin Inc. dba ROC's Stop & Shop at 5757 S. 85th Street. (ADOPTED FOR APPROVAL, 7-0; A-84233) 4) Application of Grata LLC dba Grata for a Class C liquor license at 2755 Jamie Lane, Suite 1516. (ADOPTED FOR APPROVAL, 7-0; A-84234) 5) Manager application of Angela Rose Roe for Grata LLC dba Grata at 2755 Jamie Lane, Suite 1516. (ADOPTED FOR APPROVAL, 7-0; A-84235) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6 THRU 11 HAD 2ND READING) 6) 07-24 Authorizing and providing for the issuance of small issue tax allocation bonds. 7) 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. 8) 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) 9) 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) 10) 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) 11) 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) PUBLIC HEARING - RESOLUTIONS 12) 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. (AMENDED TO REMOVE BETH HOLLON TO HAVE PUBLIC HEARING & ACTION ON 2/26/07; ADOPTED AS AMENDED, 7-0; A-84236) Fact Sheet (13K) Attachment (20K) 13) 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.(ADOPTED, 7-0; A-84237) Fact Sheet (49K) 14) 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.(PLACED ON PENDING DATE CERTAIN TO 5/07/07, 7-0) Fact Sheet (1005K) 15) 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.(ADOPTED, 7-0; A-84238) Fact Sheet (740K) Attachment (1070K) 16) 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, ½ 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.(ADOPTED, 7-0; A-84239) Fact Sheet (737K) 17) 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.(ADOPTED, 7-0; A-84240) Fact Sheet (54K) Attachment (56K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 18) Setting the Hearing Date of February 26, 2007 at 5:30 p.m. for Application of P.L.P. Limited Liability Company dba Sun Valley Bar & Grill for an addition to 300 West P Street adding a beer garden approximately 21' x 39' located on the south side.(ADOPTED, 7-0; A-84241) 19) Setting the Hearing Date of February 26, 2007 at 5:30 p.m. for Application of Bugeater Investments, Inc. dba Cliff's Lounge for a change of location from 140 N. 12th Street to 1321 O Street. (ADOPTED, 7-0; A-84242) 20) Setting the Hearing Date of March 5, 2007 at 1:30 p.m. for Application of Fu Shun, Inc. dba Imperial Palace for a Class I liquor license located at 701 N. 27th Street.(ADOPTED, 7-0; A-84243) 21) MISCELLANEOUS REFERRALS Setting the hearing date of Monday, March 5, 2007 at 1:30 p.m. for the Application of Foodmart II, Inc. dba IGA Market Place for a Class D liquor license located at 4646 W. Hungtington Avenue. (ADOPTED, 7-0; A-84244) Report from Nebraska Health and Human Services System for water testing for the month of January 2007. (PLACED ON FILE) Informal petition for a water district from mid- block on South 34th Street between Smith and Van Dorn Streets. (REFERRED TO PUBLIC WORKS) REPORTS OF CITY OFFICERS 22) Clerk's Letter and Mayor's approval of Ordinances & Resolutions passed by Council on January 29, 2007. (PLACED ON FILE) 23) Clerk's Letter and Mayor's approval of Ordinances & Resolutions passed by Council on February 5, 2007. (PLACED ON FILE) 24) Report from City Treasurer of Franchise Tax for the month of December 2006 from Aquila.(PLACED ON FILE) 25) Report from City Treasurer of Telecommunications Occupation Tax for the month of November, 2006: USCOC of Greater Iowa, Cricket, New Cingular, AT&T of Midwest, Nebraska Technology & Telecomm., Earthlink, VoiceCom, Tracfone, XO Comm., Advanced Tel, Guaranteed Phone, Virgin Mobile USA, Network Billing, Global Crossing, USCOC of NE/KS, Telecomm. Systems of Maryland, Broadband Dynamics, Verizon Bell Atlantic, Andiamo, Primus, Qwest, Working Assets, Telecorp, McLeodUSA, ACN, Tans National, Cincinnati Bell, Verizon Select, GlobalStar USA, Onstar, Intellical Operator, Global Crossing Bandwidth, Broadwing, UCN, KDDI America, IBM Global, Quantum Shift, Business Prod. Solutions, Teleplus Wireless, CIMCO, NOS, NOSVA, Affinity Network, Affinity Network, MSC Lincoln SE; December 2006: Nextel Partners, Sprint Spectrum, D & D, Sprint, MCI WorldCom, NOSVA, MSC Lincoln SE, 800 Response Info., 360Networks (USA), BT Americas, Nextel West, Tri-M, Enhanced, Acceris Management & Acquistion, Acceris, GlobalCom, Lightyear, Zone Telecom., GTC, Covista, SBC Long Distance, ATS Mobile; October thru December 2006: Enhanced, Matrix, AmeriVision, Ionex, Comtel Telcom, Touch 1, Z Tel, NECC, ComTech 21, HELIO. (PLACED ON FILE) 26) 07R-33 Appointing Maura Kelly-Tolzin and John Glynn to the Government Access and Information Committee for one-year terms expiring December 31, 2007. (ADOPTED, 7-0; A-84245) 27) 07R-34 Appointing Kimberly Bro to the Lincoln Housing Authority Board to fill an unexpired five-year term expiring July 1, 2010.(ADOPTED, 7-0; A-84246) 28) 07R-35 Appointing Charles W. "Bill" Bowmaster to the Veterans Memorial Garden Advisory Council for a three-year term expiring November 1, 2008. (ADOPTED, 7-0; A-84247) 29) 07R-4 Appointing Peter C. (Chris) Hove to the Lincoln Airport Authority Board to fulfill an unexpired term, expiring upon the general election of May, 2007.(ADOPTED, 7-0; A-84248) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 30 THRU 34 HAD 1ST READING) 30) 07-27 Authorizing and providing for the issuance of a North 56th Street and Arbor Road Redevelopment Plan Sub-Project Area A Tax Allocation Bond, Series 2007 in a total principal amount not to exceed $975,000. 31) 07R-48 Approving the City of Lincoln Redevelopment Agreement (Verizon Wireless Project) between the City and MDG Lincoln LP for development of approximately 13.5 acres of property in University of Nebraska Technology Park for construction of a commercial building and improvements by Verizon Wireless, generally located at N.W. 1st Street and Highlands Blvd. (Related Items 07R-48, 07-28) Attachment (1668K) 32) 07-28 Authorizing and providing for the issuance of a Verizon Wireless Tax Allocation Bond, Series 2007 in a total principal amount not to exceed $2,265,000. (Related Items 07R-48, 07-28)(Request 2nd & 3rd Readings 2/26/07) 33) 07R-45 Approving the Salt Creek 100-year Floodprone Areas and revised Floodway as the best available information for local flood regulation purposes. (Related Items: 07R-45, 07-26) (Action Date: 3/5/07) Fact Sheet (114K) Attachment (404K) 34) 07-26 Change of Zone 07001 - Amending Chapter 27.52 of the Lincoln Municipal Code relating to Flood Regulations for Existing Urban Area by amending Section 27.52.020 to add definitions for 100-Year Flood Elevation, Development Area, Fill, Flood Storage Area or Salt Creek Flood Storage Area, Percentage of Allowable Fill, and Single-Family Residential Building, and by adding a new Section 27.52.035 to adopt standards for development within the Salt Creek Flood Storage Areas. (Related Items: 07R-45, 07-26) Fact Sheet (1590K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 35) 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) (2/5/07 - Action Delayed 1 week to 2/12/07) (ADOPTED, 7-0; A-84249) Attachment (111K) 36) 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) (2/5/07 - Action Delayed 1 week to 2/12/07)(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #18880) Fact Sheet (532K) 37) 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) (2/5/07 - Action Delayed 1 week to 2/12/07) (ADOPTED, 7-0; A-84250) Attachment (674K) 38) 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) (2/5/07 - Action Delayed 1 week to 2/12/07) (ADOPTED, 7-0; A-84251) Attachment (20K) 39) 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) (2/5/07 - Action Delayed 1 week to 2/12/07) (AMENDED TO ACCEPT SUB. AGRMT, 7-0; ADOPTED AS AMENDED, 7-0; A-84252) Fact Sheet (52K) Attachment (1018K) 40) 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) (2/5/07 - Action Delayed 1 week to 2/12/07) (AMENDED TO ACCEPT SUB. AGRMT, 7-0; ADOPTED AS AMENDED, 7-0; A-84253) Fact Sheet (51K) Attachment (596K) 41) 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) (2/5/07 - Action Delayed 1 week to 2/12/07) (PASSED, 7-0; #18881) Fact Sheet (553K) 42) 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) (2/5/07 - Action Delayed 1 week to 2/12/07) (PASSED, 7-0; #18882) Fact Sheet (303K) 43) 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) (2/5/07 - Action Delayed 1 week to 2/12/07) (PASSED, 7-0; #18883) Fact Sheet (491K) 44) 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.(PASSED, 7-0; #18884) Fact Sheet (51K) Attachment (78K) 45) 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.(PASSED, 7-0; #18885) Fact Sheet (72K) PENDING LIST - DATE CERTAIN - NONE PENDING LIST (EXTENDED ONE WEEK) 46) 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) 47) 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) 48) 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) 49) 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) 50) 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) 51) 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) 52) 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) 53) 07-11 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) 54) 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) 55) 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) 56) 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 26, 2007 AT 5:30 P.M.: (APPROVED, 7-0) 57) 07R-46 Directing the submission of a proposed general obligation bond issue for construction of improvements to the City's storm sewer and drainage system at the May 1, 2007 City general election. 58) 07R-44 Approving an interlocal agreement between the City and the Lower Platte South Natural Resources District outlining the responsibilities for the acquisition of the necessary right-of-way for the Stevens Creek Supplemental Box Culvert Project/Stream Stability Project/Fletcher Avenue Improvement Project. Fact Sheet (56K) Attachment (190K) 59) 07R-47 Expressing support of the National Council on Interpreting Health Care in its development of standards of practice for language interpreters in health care. 60) 07R-49 Approving a Lincoln Electric System 5.5 percent surcharge on electric rates to be effective with billing statements rendered on and after March 1, 2007. Fact Sheet (43K) Attachment (40K) 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 (2/21/07) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 2/26/07. 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 3:30 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 ***