City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
PRESENT CITY COUNCIL
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 14, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF MAY 28TH DUE TO HOLIDAY
THE NIGHT MEETING WILL BE MONDAY, MAY 21ST AT 5:30 P.M.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of CaNaKa, Inc. dba The Restaurant
Featuring The Other Room for a Class C liquor
license at 500 West Gate Boulevard.
(ADOPTED FOR APPROVAL, 7-0; A-84359)
2) Manager application of Michael J. Michel for
CaNaKa, Inc. dba The Restaurant featuring The
Other Room, at 500 West Gate Boulevard.
(ADOPTED FOR APPROVAL, 7-0; A-84360)
3) Application of Yong Son dba O Yummy for a Class C
liquor license at 5571 South 48th Street.
(ADOPTED FOR APPROVAL, 7-0; A-84361)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
4) 07R-100 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 16 - 30,
2007. (ADOPTED, 7-0; A-84362)
Fact Sheet (13K)
Attachment (18K)
5) 07R-101 Approving Conservation Easements for the
preservation and enhancement of green space and
associated agreements over Outlot B, Apples Way
Addition and Outlot A, Artisan Meadows Addition,
generally located southwest of Highway 2 and
Apples Way. (ADOPTED, 7-0; A-84363)
Fact Sheet (58K)
Attachment (1024K)
6) 07R-108 Approving a transfer of appropriations in the
amount of $5,000.00 from General Fund, Account
01001.5989 (Discretionary Funds of Annette McRoy)
to Fund 409425.6138, Parks & Recreation
Department, for Trago Park sprayground equipment;
in the amount of $5,000.00 from General Fund,
Account 01001.5989 to Fund 18002.5878, Problem
Resolution Team (PRT); in the amount of $5,000.00
from General Fund, Account 01001.5989 to Fund
295204.5259, Lincoln Police Department for the
Neighborhood Watch Program; and in the amount of
$1,000.00 from General Fund, Account 01001.5989 to
Fund 01001.5989, Dan Marvin Discretionary Funds.
(Request to waive Council Rules for Action
5/14/07) (RULES WAIVED TO HAVE ACTION ON THIS
DATE, 7-0; ADOPTED, 7-0; A-84364)
7) 07R-109 Approving a transfer of appropriations in the
amount of $2,269.35 from General Fund, Account
01001.5989 (Discretionary Funds of Patte Newman)
to Account 18002.5878, Problem Resolution Team
(PRT). (Request to waive Council Rules for
Action 5/14/07) (RULES WAIVED TO HAVE ACTION ON
THIS DATE, 7-0; ADOPTED, 7-0; A-84365)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
8) 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 - 2ND 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)
(P.H. W/ACTION DELAYED TO 7/23/07, 6-1;
NEWMAN DISSENTING)
Fact Sheet (1439K)
9) 07-72 Amending the pay schedule of employees whose
classification is assigned to the pay range
which is prefixed by the letter M by changing
the pay range for the job classification of
"Internal Auditor." (PASSED, 7-0; #18925)
Fact Sheet (48K)
PENDING LIST - DATE CERTAIN
10) 07-66 Amending Chapter 14.70 of the Lincoln
Municipal Code relating to Excavations by
amending Section 14.70.010 to authorize
conditions to be placed in excavation permits
that are for the public interest, and adding
a new section numbered 14.70.015 to set forth
specific conditions and requirements to be
placed on excavation permits that are
reasonably necessary for the public interest.
(4/30/07 - P.H. & 2nd Reading con't to
5/21/07)
Fact Sheet (15K)
11) 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)
PENDING LIST EXTENDED ONE WEEK
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
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
10:00 A.M. ON THE WEDNESDAY (5/9/07) PRIOR TO
THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 5/14/07.
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 MAY ARE THE 14TH AND THE 21ST.
ADJOURNMENT 1:43 P.M.
NEW CITY COUNCIL
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 14, 2007 AT 1:30 P.M.
(Immediately Following The Adjournment of the Present City Council Meeting)
ALL MEMBERS PRESENT
OATH OF OFFICE - NEWLY ELECTED MAYOR - CHRIS BEUTLER
OATH OF OFFICE - NEW ELECTED AND RE-ELECTED CITY COUNCIL MEMBERS -
DOUG EMERY, JOHN SPATZ, JON CAMP, JONATHAN COOK
Election of Chairperson (Mayor Beutler Acts as Council Chair
and Calls for Nominations from Council members)
DAN MARVIN ELECTED AS COUNCIL CHAIR, 7-0.
Election of Vice Chairperson (Elected Chair Calls for Nominations
from Council members)
ROBIN ESCHLIMAN ELECTED AS VICE CHAIR, 7-0.
PUBLIC HEARING - RESOLUTIONS
1) 07R-105 A resolution in appreciation of Coleen J. Seng
for her service to the City as Mayor.
(ADOPTED, 7-0; A-84366)
2) 07R-106 A resolution in appreciation of Annette McRoy for
her service to the City as a member of the City
Council. (ADOPTED, 7-0; A-84367)
3) 07R-107 A resolution in appreciation of Patte Newman for
her service to the City as a member of the City
Council. (ADOPTED, 7-0; A-84368)
Anyone wishing to address an item on the Consent Agenda may do
so at this time
- CONSENT AGENDA -
PETITIONS & COMMUNICATIONS
4) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 07018 - Application of
Rega Engineering, Glynoaks Plaza Planned Unit
Development, for a change from AG Agricultural
District to R-3 Residential District to allow
approx. 67 dwelling units and approx. 285,000 sq.
ft. of office and commercial floor area on
property generally located at S. 84th Street
and Glynoaks Drive.
Change of Zone No. 07025 - Application of
Nebraska Nurseries, Inc., for a change from R-3
Residential District to B-2 Planned Neighborhood
Business District, on property generally located
at S. 80th St. and Pioneers Boulevard.
Change of Zone No. 07026 - Application of
HWS Consulting Group, for a change from AG
Agricultural District to R-3 Residential District;
from R-3 Residential District to R-5 Residential
District; and from AG Agricultural District to R-5
Residential District; on property generally
located at NW 48th Street and W. Cuming
Street.
Change of Zone No. 07027 - Application of
J. Michael Rierden, for a change from R-4
Residential District to B-3 Commercial District,
on property generally located at the SE corner of
S. 9th St. and South Street.
Change of Zone No. 07028 - Application of
Hidden Valley Estates, LLC, for a change from AG
Agricultural District to AGR Agricultural
Residential District on property generally located
at S. 112th St. and Pine Lake Road.
Special Permit No. 1692D - Application of
Olsson Associates, Wilderness Ridge Community Unit
Plan, for an amendment to the lot layout adjacent
to Large's Court, requesting to waive the width
and depth requirements on property generally
located in the SW corner of S. 27th St.
and Yankee Hill Road.
Special Permit No. 06061A - Application of
Hidden Valley Estates, LLC, Hidden Valley Estates
1st Addition Community Unit Plan, requesting
an amendment to add 14 lots on property
generally located at S. 112th St. and
Pine Lake Road.
5) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
6) Affidavit of Mailing for Board of Equalization on
the North 27th Street Business
Maintenance District. (PLACED ON FILE)
7) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on May 7,
2007. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 8
THRU 15 HAD 1ST READING)
8) 07-54 Amending Chapter 6.02 of the LMC relating to
Animal Control Definitions to clarify
language allowing commercial boarding kennels
within the city limits by adding definitions
for "animal hospital or clinic" and
"veterinary hospital or clinic" and amending
the current definition of "commercial
boarding kennel" to provide that all
commercial boarding kennels operating within
the city limits shall be licensed under the
laws of the State of Nebraska; amending
Section 6.04.165 of the LMC to set forth
restrictions for commercial boarding kennels
and groom shops located within the city
limits; and amending Section 6.08.310 of the
LMC to provide an exception for commercial
boarding kennels from the kennels prohibited
in the City of Lincoln. (Related Items:
07-54, 07-57)
Fact Sheet (80K)
9) 07-57 Change of Zone 06084 - Amending Title 27 of
the Lincoln Municipal Code relating to Zoning
by amending Chapter 27.03 to add definitions
for "animal hospital," "animal hospital,
indoor," "boarding," "kennel," "kennel,
indoor," "indoors," and "outdoor exercise
area" associated with an indoor hospital or
indoor kennel; amending Sections 27.29.020,
27.31.030, 27.33.020, 27.41.020, 27.43.020,
and 27.45.020, to add indoor animal hospitals
and indoor kennels as a permitted use;
amending Sections 27.43.040 and 27.45.030 to
add outdoor exercise area associated with an
indoor animal hospital or indoor kennel as a
permitted special use; amending Section
27.63.470 to add indoor animal hospitals,
indoor kennels, and outdoor exercise areas
associated with an indoor animal hospital or
indoor kennel as an allowed used under a
special permit for planned service commercial
development; and adding a new section
numbered 27.63.780 to create a special permit
for outdoor exercise areas associated with an
indoor animal hospital or indoor kennel.
(Related Items: 07-54, 07-57)
Fact Sheet (1257K)
10) 07-76 Declaring approximately 1.02 acres generally
located at the southwest corner of Highway 66
and Highway 6, Ashland, Nebraska as surplus
property.
Fact Sheet (249K)
11) 07-77 Change of Zone 07020 - Application of Casey's
Retail Company for a change of zone from R-2
Residential District to B-1 Local Business
District on property generally located at
North 70th Street and Havelock Avenue.
Fact Sheet (434K)
12) 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)
Fact Sheet (481K)
13) 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)
Fact Sheet (475K)
14) 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)
Fact Sheet (98K)
15) 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)
Fact Sheet (540K)
Attachment (17K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 21, 2007 AT 5:30 P.M.:
(APPROVED, 7-0)
16) 07R-99 Assessing property owners for the cost of snow
removal by the City from sidewalks adjacent to
their property during the winter of 2006-2007.
Fact Sheet (57K)
Attachment (117K)
17) 07R-103 Vacation 07004 - Vacating two portions (.26 and
.15 acres) of Rokeby Road at its intersection with
Breagan Road and the railroad crossing.
Fact Sheet (664K)
18) 07R-104 Approving a Redevelopment and Limited Term Use
Restrictions Agreement between the City of Lincoln
and David A. Wood for construction of an office
building with warehouse space on property
generally located at 2600 West M Court within the
West O Redevelopment Plan.
Attachment (28K)
ADJOURNMENT 2:12 P.M.
There will be NO Open Microphone Session at the end of this Meeting.
***
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
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