
City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MARCH 12, 2007 AT 1:30 P.M. ALL MEMBERS PRESENT MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF FEBRUARY, 2006 WAS PRESENTED TO JERRY HENKEL FROM THE BUILDING & SAFETY DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY. PUBLIC HEARING LIQUOR RESOLUTIONS 1) Application of Triple D, LLC dba Dino's Eastside Grille for a Class C liquor license at 2901 S. 84th Street, Suite L. (ADOPTED FOR APPROVAL, 7-0; A-84281) 2) Manager application of Dean Hart for Triple D, LLC dba Dino's Eastside Grille at 2901 S. 84th Street, Suite L. (ADOPTED FOR APPROVAL, 7-0; A-84282) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) NONE PUBLIC HEARING - RESOLUTIONS NONE Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 3) Informal Petition to create a water district on Francis Street between 62nd and Donald Street, submitted by James and Karen Francis. (REFERRED TO PUBLIC WORKS) 4) MISCELLANEOUS REFERRALS - NONE REPORTS OF CITY OFFICERS 5) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions passed by the City Council on February 26, 2007. (PLACED ON FILE) 6) Lincoln Water & WasteWater System Recapitulation of Daily Cash Receipts for February 2007. (PLACED ON FILE) 7) Report from City Treasurer of franchise tax for the month of January 2007 from Aquila. (PLACED ON FILE) 8) Report from City Treasurer of Telecommunications Occupation Tax for the period of Oct.-Dec., 2006: CA Affinity, Fast Phones, Digizip.com, Telenational, T-Mobile, Reliance, Southwest, Netifice, Cause Based Commerce, Accessline, Opul; Annual 2006: Talk America, US LEC; December 2006: Alltel of NE, TWC Info, Windstream Nebraska #494, Windstream Nebraska #150, Windstream of Midwest #522, Alltel, Nebraska Technology, Cricket, New Cingular, USCOC of Greater Iowa, AT&T of Midwest, Amp'd Mobile, LDMI, Business Telecom, IBM Global, Teleplus Wireless, Intellicall, IDT, Airnex, Mobile ESPN, Global Crossing Bandwidth, Global Crossing Telecomm., Broadwing, UCN, ACR Comm., Virgin Mobile USA, Globalstar USA, Onstar, Primus, Working Assets, USCOC of NE/KS, XO Comm., McLeodUSA, Whos' Calling, PNG, Verizon Select, Qwest, Telecorp, Aircell, Telecomm. Systems of Maryland, Broadband Dynamics, Trans Nat'l., Network Billing, Verizon Bell Atlantic, CIMCO, NOS, Quantum Shift, KDDI America, Cincinnati Bell, TracFone Wireless, VoiceCom, Advanced Tel, Earthlink, Andiamo, Norstan, Business Prod. Solutions, Guaranteed Phone,; January 2007: D&D, Nextel Partners, Sprint Spectrum, Alltel of Nebraska, Alltel, TWC Info, MCI WorldCom, Sprint, Enhanced, Zone Telecom, Lightyear, GTC, Tri-M, 360Networks, Globalcom, Acceris, Network Billing, BT Americas, NOS, Acceris, Covista, NOSVA, Nextel West, SBC, Affinity, ATS Mobile. (PLACED ON FILE) 9) 07R-58 Reappointing Patrick O'Donnell to the Nebraska Capitol Environs Commission for a three-year term expiring January 9, 2010. (ADOPTED, 7-0; A-84283) 10) 07R-59 Reappointing Mike McNiff to the Examining Board of Plumbers for a three-year terms expiring on September 24, 2009. (ADOPTED, 7-0; A-84284) 11) 07R-60 Reappointing Mike McNiff to the Water Conditioning Board of Examiners for a three-year term expiring on September 24, 2009. (ADOPTED, 7-0; A-84285) 12) 07R-61 Reappointing Bill Whitmer to the Electrical Advisory, Appeals and Examining Board for a three- year term expiring August 15, 2009. (ADOPTED, 7-0; A-84286) - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13 THRU 17 HAD 1ST READING) 13) 07-34 Authorizing and providing for the issuance of sanitary sewer revenue bonds of the City of Lincoln in the amount of $21,000,000. 14) 07-35 Amending Section 10.16.010 of the Lincoln Municipal Code relating to age limits in connection with operating a motor vehicle by changing age limits to remain consistent with state statute. Fact Sheet (62K) 15) 07-36 Amending Chapter 8.32.060 of the Lincoln Municipal Code to change the hours of operation at the Bluff Road and North 48th Street solid waste disposal sites. Fact Sheet (55K) 16) 07-37 Change of Zone 07007 - Amending Title 27 of the Lincoln Municipal Code to implement revisions to the Parking Matrix to correct past errors and omissions but not imposing new parking requirements. Fact Sheet (250K) 17) 07-38 Street and Alley Vacation No. 07001 - Vacating the South 84th Street right-of-way south of Highway 2, generally located southeast of the intersection of South 84th Street and Highway 2. Fact Sheet (442K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 18) 07-29 Repealing Ordinance No. 18841 creating Paving/Re-Paving District No. 01 in North 50th Street between O and R Streets, due to the lack of majority petition. (PASSED, 7-0; #18894) Fact Sheet (58K) 19) 07-30 Change of Zone 07004 - Amending Section 27.69.220 of the Lincoln Municipal Code to revise regulations for complex or subdivision area identification signs. (PASSED, 7-0; #18895) Fact Sheet (18K) 20) 07-31 Change of Zone 07003 - Application of the Planning Director for a change of zone from AG Agricultural District to H-4 General Commercial District on property generally located N. 84th Street and Havelock Avenue. (PASSED, 7-0; #18896) Fact Sheet (220K) 21) 07-33 Misc. 06012 - Amending Title 26 of the Lincoln Municipal Code relating to the Land Subdivision Ordinance by amending Section 26.11.032 to delete the filing deadline before a preliminary plat may be scheduled on the Planning Commission agenda; and by amending Sections 26.11.037, 26.11.060 and 26.31.010 to provide that all applications which have been placed on pending by the subdivider shall automatically expire one year thereafter unless the subdivider requests the application be removed from pending prior to the expiration date. (Related Items: 07-33, 07-32) (PASSED, 7-0; #18897) Fact Sheet (39K) 22) 07-32 Change of Zone 06062 - Amending Title 27 of the Lincoln Municipal Code relating to Zoning by amending Sections 27.27.080, 27.28.090, 27.31.100, 27.37.070, and 27.51.100 relating to the O-3 Office Park District, R-T Residential Transition District, B-2 Planned Neighborhood Business District, B-5 Planned Regional Business District, I-3 Employment Center District, respectively; amending Section 27.60.040 relating to Planned Unit Developments; amending Section 27.63.020 relating to Special Permits; amending Section 27.65.030 relating to Community Unit Plans; and amending Section 27.81.040 relating to amendments to the Zoning Code; to provide that all applications which have been placed on pending by the applicant shall automatically expire one year thereafter unless the applicant requests the application be removed from pending prior to the expiration date. (Related Items: 07-33, 07-32) (PASSED, 7-0; #18898) Fact Sheet (41K) PENDING LIST - DATE CERTAIN 23) 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. (2/12/07 - Placed on Pending for P.H. & Action 5/7/07) Fact Sheet (1005K) PENDING LIST (EXTENDED ONE WEEK) 24) 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) 25) 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) 26) 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) 27) 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) 28) 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) 29) 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) 30) 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) 31) 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) 32) 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) 33) 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) 34) 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, MARCH 19, 2007 AT 1:30 P.M.: (APPROVED, 7-0) 35) 07R-62 Appointing Monica Huapaya to the Lincoln-Lancaster Women's Commission to fill an unexpired term expiring January 1, 2008. Attachment (346K) 36) 07R-63 Appointing Sonja F. Smith to the Lincoln-Lancaster Women's Commission for a two-year term expiring March 1, 2009. Attachment (411K) 37) 07R-67 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of February 16 - 28, 2007. Fact Sheet (13K) Attachment (17K) 38) 07R-64 Approving an Interlocal Agreement between the City and County for the widening and reconstruction of South Folsom Street from West Denton Road to a point 1439 feet south of West Old Cheney Road. Fact Sheet (54K) Attachment (769K) 39) 07R-65 Approving a Transportation Enhancement Program Grant Agreement between the City and State for $500,000 of funds for construction of Jamaica North Trail Phase II. Fact Sheet (85K) Attachment (588K) 40) 07R-66 Waiver 07002 - Application of Rebecca Cast to waive the sidewalk requirements associated with the Martin Heights 3rd Addition on property generally located at 4025 and 4045 G Street. Fact Sheet (573K) 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 (3/20/07) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 3/26/07. 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 MARCH ARE THE 12TH AND 26TH. ADJOURNMENT 1:49 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 ***