City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 21, 2007 AT 5:30 P.M.
THERE WILL BE NO MEETING THE WEEK OF MAY 28TH DUE TO HOLIDAY
PRESENTATION BY LINCOLN POLICE CHIEF TOM CASADY
2007 JUSTICE ASSISTANCE GRANT
(Public Comments Are Welcomed)
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Casey's Retail Company dba Casey's
General Store 2724 for reconstruction of its
presently licensed Class B premises to read as a
one story building measuring approximately 40 feet
by 69 feet at 3003 N. 70th Street. (ADOPTED FOR
APPROVAL, 7-0; A-84369)
2) Application of Casey's Retail Company dba Casey's
General Store 2720 for reconstruction of its
presently licensed Class B premises to read as a
one story irregular shaped building measuring
approximately 40 feet by 76 feet at 1001 S. 13th
Street.(ADOPTED FOR APPROVAL, 7-0; A-84370)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS
3 THRU 11 HAD 2ND READING)
3) 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)
4) 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)
5) 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)
6) 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)
7) 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)
8) 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)
9) 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)
10) 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)
11) 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)
PUBLIC HEARING - RESOLUTIONS
12) 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. (ADOPTED, 7-0;
A-84371)
Fact Sheet (57K)
Attachment (117K)
13) 07R-103 Vacation 07004 - Vacating two portions (.26 and
.15 acres) of Rokeby Road at its intersection with
Breagan Road and the railroad crossing. (ADOPTED,
7-0; A-84372)
Fact Sheet (664K)
14) 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.(ADOPTED, 6-1; CAMP
DISSENTING; A-84373)
Attachment (28K)
Anyone wishing to address an item on the Consent Agenda May Do So At This Time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
15) Setting the Hearing Date of Monday, June 4, 2007
at 1:30 p.m. for Manager Application of Brooke
Barnes for Granite City Food & Brewery LTD dba
Granite City Food & Brewery located at 6150 O
Street. (ADOPTED, 7-0; A-84374)
16) Setting the Hearing Date of Monday, June 4, 2007
at 1:30 p.m. for Application of Lincoln Pub Group,
Inc. dba The N-Zone & The Catering Zone for a
Class CK liquor license located at 728 ½ Q
Street.(ADOPTED, 7-0; A-84375)
17) Setting the Hearing Date of Monday, June 4, 2007
at 1:30 p.m. for MI Investments, LLC dba Five
Willows for a Class I liquor license located at
4747 Pioneers Blvd.(ADOPTED, 7-0; A-84376)
18) Setting the Hearing Date of Monday, June 4, 2007
at 1:30 p.m. for Manager Application of Donald E.
Sousek for Bruno Enterprises, Inc Too dba
Buffalo Wild Wings Grill and Bar located at 1328 P
Street and 7301 S. 27th Street.(ADOPTED, 7-0;
A-84377)
19) Setting the Hearing Date of Monday, June 4, 2007
at 1:30 p.m. for Application of Mary's Place, Inc.
dba Mary's Place for an addition to premise
located at 1920 West O Street.(ADOPTED, 7-0;
A-84378)
20) Setting the Hearing Date of Monday, June 11, 2007
for Application of My Piezano's LLC dba Piezano's
for a Class I liquor license located at 2740 South
Street. (ADOPTED, 7-0; A-84379)
21) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
22) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by the Council, prior to
the swearing in of Mayor-Elect Chris Beutler, on
May 14, 2007. (PLACED ON FILE)
23) Resolution assessing the costs of the North 27th
Street Maintenance Business District against the
benefitted properties. (ADOPTED, 7-0; A-84380)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 29 HAD 1ST READING)
24) 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.
25) 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)
26) 07-83 Change of Zone 07021 - Application of Eiger
Corporation for a change of zone from AG
Agricultural District to B-5 Planned Regional
Business District on property generally
located at Eiger Drive and South 84th Street.
Fact Sheet (210K)
27) 07-84 Change of Zone 07024 - Application of Buffalo
Grass LLC for a change of zone from O-3
Office Park District to B-2 Planned
Neighborhood Business District on property
generally located southeast of the
intersection of South 27th Street and Yankee
Hill Road.
Fact Sheet (382K)
28) 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)
29) 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,
West Highland Blvd. or N.W. 1st Street and to
permit administrative amendments for minor
deviations from the Special Sign District.
(Related Items: 07-85, 07-86)
Fact Sheet (351K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
30) 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)
31) 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; SEE ITEMS 37 THRU 40)
32) 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)
33) 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)
34) 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)
35) 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)
36) 06-209 Approving a transfer of appropriations and cash
(where appropriate) between projects within several
Part B 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)
37) 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) (Request to hold P.H.
6/4/07) (Action Date: 6/11/07)(REMOVED FROM
PENDING TO HAVE PUBLIC HEARING ON JUNE 4, 2007, 7-0)
Attachment (40K)
38) 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)
(Request to hold P.H. 6/4/07)(REMOVED FROM PENDING
TO HAVE PUBLIC HEARING ON JUNE 4, 2007, 7-0)
Fact Sheet (1007K)
39) 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, 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) (REMOVED FROM PENDING TO HAVE
PUBLIC HEARING ON JUNE 4, 2007, 7-0)
Fact Sheet (652K)
40) 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, 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) (REMOVED FROM
PENDING TO HAVE PUBLIC HEARING ON JUNE 4, 2007, 7-0)
Fact Sheet (1235K)
41) 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 4, 2007, AT 1:30 P.M.:
(APPROVED, 7-0)
42) 07R-110 Vacation 07006 - Vacating the north 530
feet of South 88th Street, north of Taliesin Drive.
(Related Items: 07R-25, 07-11, 07-12, 07-13,
07R-20, 07R-110)(Action Date: 6/11/07)
Fact Sheet (485K)
43) 07R-111 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 1 - 15,
2007.
Fact Sheet (13K)
Attachment (18K)
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 (5/16/07) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 5/21/07.
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 9:50 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.
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The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***