
City of Lincoln
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ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, JUNE 4, 2007 AT 1:30 P.M. ALL MEMBERS PRESENT IMMEDIATELY PRECEDING THE REGULAR COUNCIL MEETING, THE CITY COUNCIL WILL CONVENE AS THE BOARD OF EQUALIZATION TO EQUALIZE ASSESSMENTS FOR THE NORTH 27TH STREET MAINTENANCE BUSINESS DISTRICT (APPROVED ASSESSMENT, 7-0) PUBLIC HEARING LIQUOR RESOLUTIONS 1) Manager application of Brooke Barnes for Granite City Food & Brewery Ltd., dba Granite City Food & Brewery, at 6150 O St. (ADOPTED, 5-2; COOK, ESCHLIMAN DISSENTING; A-84381) 2) Application of Lincoln Pub Group dba The N-Zone & The Catering Zone for a Class CK Liquor License at 728 1/2 Q St. (ADOPTED, 7-0; A-84382) 3) Manager application of Michael F. Figueroa for Lincoln Pub Group dba The N-Zone & The Catering Zone at 728 1/2 Q St. (ADOPTED, 7-0; A-84383) 4) Manager application of Donald E. Sousek for Bruno Enterprises Inc. Too dba Buffalo Wild Wings Grill & Bar at 1328 P St. and at 7301 S. 27th St. (ADOPTED, 7-0; A-84384) 5) Application of MI Investments, LLC, dba Five Willows for a Class I Liquor License at 4747 Pioneers Blvd. (ADOPTED, 7-0; A-84385) 6) Manager application of Michael D. Raasch for MI Investments, LLC, dba Five Willows, at 4747 Pioneers Blvd. (ADOPTED, 7-0; A-84386) 7) Application of Mary's Place, Inc. dba Mary's Place to expand its Class C Liquor License by an addition of an outside area measuring approximately 23 ft. by 40 ft. to the east on property generally located at 1920 W. O St. (ADOPTED, 7-0; A-84387) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8 THRU 18 HAD 2ND READING) 8) 07-81 Ordinance authorizing and providing for the issuance of not to exceed $8,500,000 aggregate principal amount of general obligation storm water bonds of the City of Lincoln, Nebraska. 9) 07-82 Amending Section 10.16.070 of the Lincoln Municipal Code relating to proof of financial responsibility by adding language regarding presumption of use by vehicle owners; further defining requirements of financial responsibility; specifying advisements currently part of state statutes; and increasing the penalty to a misdemeanor to be comparable with state statutes. Fact Sheet (17K) 10) 07-83 Change of Zone 07021 - Application of Eiger Corporation for a change of zone from AG Agricultural Dist. to B-5 Planned Regional Business Dist. on property generally located at Eiger Drive and S. 84th St. Fact Sheet (210K) 11) 07-84 Change of Zone 07024 - Application of Buffalo Grass LLC for a change of zone from O-3 Office Park Dist. to B-2 Planned Neighborhood Business Dist. on property generally located southeast of the intersection of S. 27th St. and Yankee Hill Road. Fact Sheet (382K) 12) 07-85 Change of Zone 07023 - Amending Section 27.69.300 of the Lincoln Municipal Code to allow the Director of Planning to approve minor modifications to a Special Sign District. (Related Items: 07-85, 07-86) Fact Sheet (24K) 13) 07-86 Change of Zone 2938B - Application of Nebraska Technology Park to amend the standards of the University of Nebraska Technology Park Special Sign District to allow wall signs oriented to Interstate 80, W. Highland Blvd. or NW 1st St. & to permit administrative amendments for minor deviations from the Special Sign District. (Related Items: 07-85, 07-86) Fact Sheet (351K) 14) 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 St. 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) (Request to hold P.H. 6/4/07) (Action Date: 6/11/07) (5/21/07 - To Have P.H. 6/4/07) Attachment (40K) 15) 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 St. 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) (Request to hold P.H. 6/4/07) (5/21/07 - To Have P.H. 6/4/07) Fact Sheet (1007K) 16) 07-12 Change of Zone 06077 - Application of Firethorn Investment for a change of zone from AGR Agricultural Residential Dist. to R-1 Residential Dist. on property generally located northeast of the intersection of S. 84th St. and Pioneers Blvd. (Related Items: 07R-25, 07-11, 07-12, 07-13, 07R-20, 07R-110) (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) (Request to hold P.H. 6/4/07) (5/21/07 - To Have P.H. 6/4/07) Fact Sheet (652K) 17) 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 St. and Pioneers Blvd. (Related Items: 07R-25, 07-11, 07-12, 07-13, 07R-20, 07R-110) (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) (Request to hold P.H. 6/4/07) (Action Date: 6/11/07) (5/21/07 - To Have P.H. 6/4/07) Fact Sheet (1235K) 18) 07R-110 Vacation 07006 - Vacating the north 530 feet of S. 88th St., north of Taliesin Dr. (Related Items: 07R-25, 07-11, 07-12, 07-13, 07R-20, 07R-110)(Action Date: 6/11/07) (5/21/07 - To Have P.H. 6/4/07) Fact Sheet (485K) PUBLIC HEARING - RESOLUTIONS 19) 07R-111 Accepting the report of new & pending claims against the City and approving disposition of claims set forth for the period of May 1-15, 2007. (ADOPTED, 7-0; A-84388) Fact Sheet (13K) Attachment (18K) Anyone wishing to address an item on the Consent Agenda May Do So At This Time CONSENT AGENDA PETITIONS & COMMUNICATIONS 20) Setting the hearing date of Monday, June 18, 2007 at 1:30 p.m. for the Application of STL of Nebraska dba Target Store T2303 for a Class DK Liquor License located at 8201 S. 40th Street. (ADOPTED, 7-0; A-84389) 21) Setting the hearing date of Monday, June 18, 2007 at 1:30 p.m. for the Application of Alley, Inc. dba The Alley for an addition to premise measuring 50 by 83 feet, including beer garden, measuring 16 by 28 feet located at 1029 - 1031 M Street. (ADOPTED, 7-0; A-84390) 22) Setting the hearing date of Monday, June 18, 2007 at 1:30 p.m. for the Manager Application of Scott S. Hatfield for Rhinodynamics, Inc. dba Duffy's Tavern located at 1406 - 1412 O Street. (ADOPTED, 7-0; A-84391) 23) Setting the hearing date of Monday, June 18, 2007 at 1:30 p.m. for the Manager Application of John McMillan for DHABS, LLC dba Barrymore's located at 124 N. 13th Street. (ADOPTED, 7-0; A-84392) 24) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.: Change of Zone No. 07029 - App. of Michael Rierden for a change from R-3 Residential District to R-4 Residential /District and O-3 Office Park District, on property generally located at S. 68th Street and A Street. Change of Zone No. 07030 - App. of Thomas Folsom, Susan and Donald Brouse, from R-4 Residential District and O-3 Office Park District to H-4 General Commercial District, on property generally located at S. 27th Street and Tamarin Ridge Road. Change of Zone No. 07031 - App. of Thomas Folsom, Susan and Donald Brouse, to amend Section 27.63.470 of the Lincoln Municipal Code, to add hotels and alcohol sales to Planned Service Commercial. Change of Zone No. 07032 - Req. by the Director of Planning, to amend Sections 27.63.580, 27.71.130, and 27.71.140 of the Lincoln Municipal Code. Special Permit No. 07013 - App. of Eric Schoen for the operation of seasonal sales on property generally located at S. 22nd Street and South Street. Special Permit No. 07014 - App. of Robert and Teresa Carnazzo to allow a dwelling unit for members of a religious order on property located at 4626 Eagle Ridge Road. Special Permit No. 07015 - App. of Thomas Folsom, Susan and Donald Brouse for Planned Service Commercial with requests to waive the H-4 height restriction and reduction of the side yard setback on property generally located at S. 27th Street and Tamarin Ridge Road. 25) MISCELLANEOUS REFERRALS - NONE REPORTS OF CITY OFFICERS 26) Request of Public Works to set the Hearing date of Monday, June 25, 2007, at 5:30 p.m. and place on the formal City Council Agenda the following: 07R-112 Authorizing the creation, design and construction of a Paving Unit in N. 36th St., Vine to W Streets, and assessing the cost thereof against the benefitted properties. (APPROVED, 7-0) 27) Report from City Treasurer of Cash on Hand at the close of business on April 30, 2007. (PLACED ON FILE) 28) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on May 14, 2007. (PLACED ON FILE) 29) Clerk's Letter and Mayor's Approval of Resolutions and Ordinances passed by the City Council on May 21, 2007. (PLACED ON FILE) -END CONSENT AGENDA - -END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 30 THRU 37 HAD 1ST READING) 30) 07-87 Vacation 07002 - Vacating portions of Prescott and Lowell Avenues and an east-west alley in Block 30, generally located in Prescott and Lowell Avenues between S. 49th St. and S. 51st St. (Related Items: 07-87, 07-90) Fact Sheet (459K) 31) 07-90 Change of Zone 07019 - Application of College View Seventh-Day Adventist Church for a change of zone from R-4 Residential Dist. to R-6 Residential Dist. on property generally located at S. 49th St. and Lowell Ave. (Related Items: 07-87, 07-90) Fact Sheet (312K) 32) 07-88 Vacation 07005 - Vacating the right-of-way for N. 61st St. north of Aylesworth Ave. at Brownell Elementary School. Fact Sheet (415K) 33) 07-89 Vacation 06009 - Vacating the north-south alley between N. 65th St. and Cotner Blvd. from Garland St. to Colby St. Fact Sheet (188K) 34) 07-91 Change of Zone 07025 - Application of Nebraska Nurseries for a change of zone from R-3 Residential Dist. to B-2 Planned Neighborhood Business Dist. on property generally located at S. 80th St. and Pioneers Blvd. Fact Sheet (259K) 35) 07-92 Change of Zone 07026 - Application of HWS Consulting Group for a change of zone from AG Agricultural Dist. to R-3 Residential Dist. on property generally located at N.W. 48th St. and W. Cuming St. Fact Sheet (256K) 36) 07-93 Comp. Plan Conformance 07011 - Declaring approximately 2,490 sq. ft. as surplus property generally located at N. 42nd St. and Cornhusker Hwy. Fact Sheet (364K) 37) 07-94 Approving an Agreement between the City and Trinity Baptist Church for the lease of space by the Lincoln Area Agency on Aging for its ActivAge Center program at 3801 LaSalle St., for a period of June 1, 2007 through August 31, 2007. Fact Sheet (62K) Attachment (80K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) (SEE ITEMS 43 THRU 46) 38) 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) (ADOPTED AMENDMENT #1, 7-0; PASSED AS AMENDED, 7-0; #18926) Fact Sheet (15K) 39) 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) (ADOPTED AMENDMENT #2, 4-3; COOK, EMERY, MARVIN DISSENTING; PASSED AS AMENDED, 7-0; #18927) Fact Sheet (80K) 40) 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) (SUBSTITUTE ORDINANCE ACCEPTED, 6-1; EMERY DISSENTING; ADOPTED AMENDMENT #1, 4-3; EMERY, ESCHLIMAN, SVOBODA DISSENTING; SUBSTITUTE ORDINANCE PASSED AS AMENDED, 6-1; COOK DISSENTING; #18928) Fact Sheet (1257K) 41) 07-76 Declaring approximately 1.02 acres generally located at the southwest corner of Hwy. 66 and Hwy. 6, Ashland, Nebraska as surplus property. (PASSED, 7-0; #18929) Fact Sheet (249K) 42) 07-77 Change of Zone 07020 - Application of Casey's Retail Company for a change of zone from R-2 Residential Dist. to B-1 Local Business Dist. on property generally located at N. 70th St. and Havelock Ave. (PASSED, 7-0; #18930) Fact Sheet (434K) 43) 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) (CON'T P.H. W/ACTION ON 6/25/07, 7-0) Fact Sheet (481K) 44) 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) (CON'T P.H. W/ACTION ON 6/25/07, 7-0) Fact Sheet (475K) 45) 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) (CON'T P.H. W/ACTION ON 6/25/07, 7-0) Fact Sheet (98K) 46) 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) (CON'T P.H. W/ACTION ON 6/25/07, 7-0) Fact Sheet (540K) Attachment (17K) PENDING LIST - DATE CERTAIN 47) 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) 48) 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) (5/14/07 - Action Delayed w/con't. P.H. to 7/23/07) Fact Sheet (1439K) PENDING LIST (EXTENDED ONE WEEK) 49) 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) 50) 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 St. and Havelock Ave. (Related Items: 05R-301, 05R-302)(12/19/05 - Placed on Pending Indefinitely) Fact Sheet (676K) 51) 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 St. and Havelock Ave. as commercial. (Related Items: 05R-301, 05R-302) (12/19/05 - Placed on Pending Indefinitely) Fact Sheet (676K) Attachment (394K) 52) 05-188 Change of Zone 3413 - Application of Landon's Neighborhood Assoc. for a change of zone from R-4 Residential to R-2 Residential on property generally located at N. 24th and Superior Streets. (12/19/05 - Placed on Pending Indefinitely) Fact Sheet (1465K) 53) 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) 54) 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) WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, JUNE 11, 2007, AT 1:30 P.M.: (APPROVED, 7-0) 55) 07R-113 Approving a change in ownership of Lincoln's Big Red Keno to EHPV Lottery Services LLC. Fact Sheet (69K) Attachment (173K) 56) 07R-114 Amending the Lincoln-Lancaster County Air Pollution Control Regulations and Standards to update the regulations in conformance with United States Environmental Protection Agency and the Nebraska Department of Environmental Quality. Fact Sheet (66K) Attachment (595K) 57) 07R-115 Approving a change to the Management Agreement between the City and SMG for management, marketing, entertainment, administration, and procurement services for Pershing Municipal Auditorium to provide for a change in ownership of SMG. Fact Sheet (66K) Attachment (38K) 58) 07R-116 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of May 16 - 31, 2007. Fact Sheet (13K) Attachment (17K) 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 (6/6/07) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 6/11/07. 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 FORMAYJUNE ARE THE 11TH AND THE 25TH. ADJOURNMENT 3:44 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 ***