
City of Lincoln
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MARCH 19, 2007 AT 1:30 P.M. ALL MEMBERS PRESENT MAYOR'S ANNUAL AWARD OF EXCELLENCE - BOBBY MILLS, BUS OPERATOR FOR STARTRAN IN THE CATEGORY OF VALOR. PUBLIC HEARING LIQUOR RESOLUTIONS NONE PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 1 THRU 5 HAD 2ND READING) 1) 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. 2) 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) 3) 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) 4) 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) 5) 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) PUBLIC HEARING - RESOLUTIONS 6) 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. (ADOPTED, 7-0; A-84287) Fact Sheet (13K) Attachment (17K) 7) 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. (ADOPTED, 7-0; A-84288) Fact Sheet (54K) Attachment (769K) 8) 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. (ADOPTED, 7-0; A-84289) Fact Sheet (85K) Attachment (588K) 9) 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. (ADOPTED, 7-0; A-84290) Fact Sheet (573K) Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - PETITIONS & COMMUNICATIONS 10) MISCELLANEOUS REFERRALS REPORTS OF CITY OFFICERS 11) Clerk's Letter and Mayor's Approval of resolutions and ordinances passed by Council on March 5, 2007. (PLACED ON FILE) 12) 07R-62 Appointing Monica Huapaya to the Lincoln-Lancaster Women's Commission to fill an unexpired term expiring January 1, 2008. (ADOPTED, 7-0; A-84291) Attachment (346K) 13) 07R-63 Appointing Sonja F. Smith to the Lincoln-Lancaster Women's Commission for a two-year term expiring March 1, 2009. (ADOPTED, 7-0; A84292) Attachment (411K) 14) 07-40 Request of Public Works to set the Public Hearing date of Monday, April 2, 2007, at 1:30 p.m. on the formal City Council Agenda the following: To provide authority to create an Alley Repaving District, being the east/west alley, O Street to P Street, 17th to 18th Street and assess the costs therefore against the benefitted properties. 15) 07-41 Request of Public Works to set the Public Hearing date of Monday, April 30, 2007, at 5:30 p.m. on the formal City Council Agenda the following: To provide authority to create and order constructed under Special Assessment District a water main 6 inch in diameter in South 34th Street, Van Dorn north approximately 300 feet more or less and assess the costs thereof against the benefitted properties. - END CONSENT AGENDA - - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 16 THRU 18 HAD 1ST READING) 16) 07-39 Amending Chapter 10.14 of the Lincoln Municipal Code relating to Rules of the Road by amending Section 10.14.360, Motor Vehicle Restraint; Children, by changing use requirements for child occupant restraints, adding requirements for persons wearing occupant protection systems in vehicles operated by holders of provisional operator's permits or school permits, amending exemptions, and modifying penalty provisions, in order to remain consistent with state statute provisions, and amending Section 10.14.365, Occupant Protection System; Use Required, by deleting obsolete language, adding exemptions, and amending language in order to remain consistent with state statute. Fact Sheet (74K) 17) 07-42 Authorizing the issuance of not to exceed $300,000,000 Lincoln Electric System Revenue and Refunding Bonds. (Request 2nd & 3rd Readings on 3/26/07) 18) 07-43 Amending Section 2.38.100 of the Lincoln Municipal Code to provide that the StarTran Advisory Board shall have final authority after first holding a public hearing to add or delete specific trips from regularly scheduled line service, adjust schedules, add new or adjust existing routes, and authorize special promotional fares, and to provide when such changes shall go into effect; by adding Section 2.38.125 to provide for notice of public hearing; and by adding Section 2.38.127 to provide for appeals from action of the StarTran Advisory Board. ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) NONE PENDING LIST - DATE CERTAIN 19) 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) Fact Sheet (1005K) PENDING LIST (EXTENDED ONE WEEK) 20) 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) 21) 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) 22) 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) 23) 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) 24) 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) 25) 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) 26) 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) 27) 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) 28) 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) 29) 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, 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) 30) 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 26, 2007 AT 5:30 P.M.: (APPROVED, 7-0) 31) 07R-68 Appointing Herb Schimek and Arthur Zygielbaum to the Cable Advisory Board to fill unexpired three- year terms expiring July 1, 2009. Attachment (193K) 32) 07R-75 Reappointing Dr. Lisa Peterson, Dr. Debra A. Humphrey and Dr. Catherine S. Alley to the Lincoln-Lancaster County Board of Health for three-year terms expiring April 15, 2010. 33) 07R-69 Approving an Agreement between the City of Lincoln and Larry Roots Studio for photographic murals to be located on skywalk II over 12th Street. Attachment (46K) 34) 07R-70 Approving an Acceptance of Donation Agreement for a donation from the Downtown Lincoln Association in the amount of $60,200.00 for the funding of the Agreement between the City and Larry Roots Studio for photographic murals to be located on Skywalk II over 12th Street and the future removal of said murals. Attachment (11K) 35) 07R-71 Amending the Skywalk Permit and Operating Agreement Skywalk II 12 Street to provide that the City will be responsible to maintain the photographic murals to be located on the skywalk bridge over 12th Street. Attachment (14K) 36) 07R-73 Approving an Interlocal Agreement between the City and County to provide the City with an appropriate facility at the County Youth Services Center for temporary and pretrial detention of juveniles taken into custody by the Lincoln Police Department. Attachment (223K) 37) 07R-74 Approving a multiple-year Management Contract for Downtown Business Improvement Districts between the City and the Downtown Lincoln BID Association. Attachment (1123K) 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 (3/21/07) 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 2:00 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 ***