City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 22, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
Anyone wishing to address an item on the Consent Agenda may do
so at this time
PUBLIC HEARING
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) 08R-214 Appointing Scott E. Hofeling to the Community
Forestry Advisory Board for a three-year term
expiring August 17, 2011. (ADOPTED, 7-0; A-85024)
Attachment (23K)
2) 08R-215 Reappointing John Williams to the Community
Forestry Advisory Board for a three-year term
expiring August 17, 2011. (ADOPTED, 7-0; A-85025)
3) 08R-216 Reappointing Emily Casper to the Community
Forestry Advisory Board for a three-year term
expiring August 17, 2011.(ADOPTED, 7-0; A-85026)
4) 08R-217 Reappointing Dennis Scheer to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2011. (ADOPTED, 7-0; A-85027)
5) 08R-218 Appointing Susan Deitchler to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2011.(ADOPTED, 7-0; A-85028)
Attachment (24K)
6) 08R-219 Appointing Rodney Confer to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2011. (ADOPTED, 7-0; A-85029)
Attachment (27K)
7) 08R-220 Reappointing George Hancock to the Board of
Zoning Appeals for a five-year term expiring May
2, 2013.(ADOPTED, 7-0; A-85030)
8) 08R-221 Reappointing David Skipton to the Air Pollution
Control Advisory Board for a three-year term
expiring September 1, 2011.(ADOPTED, 7-0; A-85031)
9) 08R-222 Appointing Jeffrey Tomhave and Wilbur "Bud"
Dasenbrock to the Air Pollution Control Advisory
Board for terms expiring November 1, 2010 and
September 1, 2011, respectively.(ADOPTED, 7-0; A-85032)
Attachment (49K)
10) 08R-223 Appointing Dr. Karla K. Lester to the Lincoln-
Lancaster County Board of Health to fill an
unexpired three-year term expiring April 15,
2010. (ADOPTED, 7-0; A-85033)
Attachment (34K)
11) Clerk's Letter and Mayor's Approval of
resolutions and ordinances passed by
Council on September 8, 2008. (PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
12) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone No. 08040 - Requested by the
Director of Planning amending Title 27 of the
LMC related to Zoning.
Change of Zone No. 08043 - Requested by WRK,
LLC from I-1 to B-4 on property located at N.
8th Street and M Street.
Change of Zone No. 08046 - Requested by the
Historic Preservation Commission from B-2 to R-3
on property located at N. 14th Street and Morton Street.
Change of Zone No. 08048 - Requested by E-S-
P on behalf of Hartland Homes, Inc. from R-3 to
B-1 on property located at NW 48th Street and
W. Cleveland Avenue.
Special Permit No. 1965A - Requested by E-
S-P on behalf of Hartland Homes, Inc. for an
amendment to the Hartland Homes NW 1st Addition
Community Unit Plan to add 5 units to the
previously approved 50 units and increase
the boundary of the Community Unit Plan on
property located at NW 48th Street and
W. Cleveland Avenue.
Special Permit No. 08039 - Requested by
Engineering Design Consultants, Stone Bridge
View Community Unit Plan, for approximately 35
single family lots and 31 multi-family lots with
requests to waive the lot to width ratio, lot
width, and depth to width ratio on property
located at Blanca Drive and Belford Street.
13) Application of McManus Enterprises, Inc. dba
Heidelberg's for an addition to premises adding
a beer garden approximately 14' x 42' located at 4620 Bair
Avenue. (ADOPTED, 7-0; A-85034) [Setting the Hearing
Date of Monday, October 6, 2008 at 1:30 p.m.]
14) Application of Firethorn Golf Company LLC dba
Firethorn Golf Club for a Class C liquor license
located at 9301 Firethorn Lane.(ADOPTED, 7-0;
A-85035)[Setting the Hearing Date of Monday,
October 6, 2008 at 1:30 p.m.]
15) Application of Kabredlo's Inc. dba Kabredlo's
126 for a Class D liquor license located at 4715
W. Adams Street.(ADOPTED, 7-0; A-85036)
[Setting the Hearing Date of Monday, October 6,
2008 at 1:30 p.m.]
16) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 19 HAD 2ND READING.)
17) 08-128 Authorizing and providing for the issuance of a
Perot System Redevelopment Project Tax
Allocation Bond, Series 2008, in a total
principal amount not to exceed $3,750,000.
18) 08-126 Vacation 08002 - Request of Whitehead Oil
Company to vacate the north-south alley between
Capitol Parkway and vacated Cadwallader's Court
between South 21st Street and vacated South 22nd
Street. (Related Items: 08-126, 08-127)
Fact Sheet (295K)
19) 08-127 Comp. Plan Conformity 08015 - Request of
Whitehead Oil Company to declare approximately
2,144.25 square feet of property generally
located at the southeast corner of South 21st
Street and Capitol Parkway as surplus and
authorizing the sale thereof to the abutting
property owner. (Related Items: 08-126,
08-127)
Fact Sheet (290K)
PUBLIC HEARING - RESOLUTIONS
20) 08R-224 Approving an Addendum to Interlocal Agreement
between the City and Southeast Community
College, relating to burn tower renovation and
fire suppression training, to expand the use of
maintenance funds and to change the date of
payment. (ADOPTED, 7-0; A-85037)
Fact Sheet (78K)
Attachment (50K)
21) 08R-225 Approving and adopting a proposed amendment to
the North 56th Street and Arbor Road
Redevelopment Plan to add the "NCS Equipment
Rental Project" for the development of a 23,147
square foot building on property generally
described as Lot 1, Northbank Junction 2nd
Addition and generally located at the northwest
corner of North 56th Street and Alvo Road.
(ADOPTED, 7-0; A-85038)
Fact Sheet (359K)
Attachment (385K)
22) 08R-226 Approving a Second Amendment to Declaration of
Protective Covenants, Conditions and
Restrictions Pursuant to the Conservation and
Preservation Easement Act between the City and
Firethorn Golf Company to revise the legal
description to partially release a portion of
the real property from the covenants. (ADOPTED,
7-0; A-85039)
Fact Sheet (295K)
Attachment (190K)
23) 08R-227 Comp. Plan Amendment 08015 - Amend the
"Community Facilities" chapter of the 2030
Lincoln-Lancaster County Comprehensive Plan to
reflect the intent of Lancaster County to
construct a new adult corrections facility.
(ADOPTED, 7-0; A-85040)
Fact Sheet (388K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 28 HAD 1ST READING)
24) 08-129 Change of Zone 08030 - Amending Section
27.63.400 of the Lincoln Municipal Code relating
to the preservation of a historic structure as a
permitted special use to allow the City Council
to grant adjustments to the height and area
regulations of the district in which a historic
structure is located, and repealing Section
27.63.400 as hitherto existing. (Related
Items: 08-129, 08-130, 08R-231)
Fact Sheet (23K)
25) 08-130 Change of Zone 08031 HP - Application of Charles
and Nancy Ogden to designate property known as
the Griswold House as a Historic Landmark
located at 1256 Fall Creek Road. (Related
Items: 08-129, 08-130, 08R-231)
Fact Sheet (433K)
Attachment (47K)
26) 08R-231 Special Permit 08027 - Application of Charles
and Nancy Ogden to permit the use of a
designated Landmark (historic structure) for a
single family dwelling to also include
construction of a carriage house (guest house
plus garage) as an accessory use and to modify
the rear and side yard setbacks on property
generally located at 1256 Fall Creek Road.
(Related Items: 08-129, 08-130, 08R-231)
(Action Date: 10/6/08)
Fact Sheet (474K)
27) 08-131 Change of Zone 08045 - Amending Sections
27.19.030, 27.21.030, 27.23.030, 27.24.030,
27.27.025 and 27.67.040 of the Lincoln Municipal
Code to clarify that group homes must comply
with all applicable state and local code
requirements and to add domiciliary care
facility and elderly or retirement housing as a
conditional permitted use in the R-5, R-6, R-7,
R-8, and O-3 zoning districts, and repealing
Sections 27.19.030, 27.21.030, 27.23.030,
27.24.030, 27.27.025 and 27.67.040 as hitherto
existing.
Fact Sheet (62K)
28) 08-132 Change of Zone 08047 - Application of Casey's
Retail Company for a change of zone from H-3
Commercial District to I-1 Industrial District
on property generally located at North 56th
Street and Superior Street.
Fact Sheet (212K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 08-69 Comp. Plan Conformity 07023 - Declaring
approximately 2,739 square feet of property
generally located at South 46th Street and
O Street as surplus. (Related Items: 08-
69, 08-68) (PASSED, 7-0; #19143)
Fact Sheet (295K)
30) 08-68 Vacation 07008 - Vacating a portion of
South 46th Street abutting O Street
consisting of approximately 2,249 square
feet and retaining title thereto.
(Related Items: 08-69, 08-68)(PASSED, 7-0;
#19144)
Fact Sheet (276K)
31) 08-121 Amending Chapter 2.76 of the Lincoln Municipal
Code relating to the City's Personnel System by
amending Section 2.76.380, Sick Leave with Pay,
and Section 2.76.395, Vacation Leave with Pay,
to reflect negotiated changes and changes
applicable to employees with a pay range
prefixed by "N" or "X" not represented by a
bargaining unit.(PASSED, 7-0; #19145)
Fact Sheet (58K)
32) 08-122 Amending Section 2.78.020, Management
Compensation Plan, of the Lincoln Municipal Code
to reflect negotiated changes and changes
applicable to employees with a pay range
prefixed by "M" not represented by a bargaining
unit.(PASSED, 6-1; SPATZ DISSENTING; #19146)
Fact Sheet (55K)
33) 08-123 Adopting pay schedules and schedules of pay
ranges for employees whose classifications are
assigned to pay ranges prefixed by the letter X.
(PASSED, 7-0; #19147)
Fact Sheet (54K)
Attachment (230K)
34) 08-124 Approving a lease agreement between the City and
the Firth Community Center for the lease of
space by the Lincoln Area Agency on Aging for
its ActivAge Center Program at 311 Nemaha
Street, Firth, Nebraska from September 1, 2008
to August 31, 2009.(PASSED, 7-0; #19148)
Fact Sheet (70K)
Attachment (92K)
35) 08-125 Amending Chapter 21 of the Lincoln Municipal
Code, the Lincoln Housing Code, by amending
Sections 21.01.185 and 21.01.212 relating to
Maintenance of Premises and Inadequate
Maintenance, respectively, to provide that the
use of indoor upholstered furniture outdoors
constitutes inadequate maintenance and repealing
Sections 21.01.185 and 21.01.212 as hitherto
existing.(PASSED, 5-2: CAMP, SVOBODA DISSENTING;
#19149)
Fact Sheet (16K)
36) 08-5 Comp. Plan Conformity 07025 - Declaring
approximately 43,200 square feet generally
located at N.W. 52nd Street and West
Huntington Ave. as surplus property and
authorizing the sale thereof. (1/28/08 -
Action Delayed 2 wks to 2/11/08)
(2/11/08 - Placed on Pending
Indefinitely) (8/25/08 - Removed from
Pending to have P.H. in 3 wks. on 9/15/08
w/Action on 9/22/08) (PASSED, 7-0; #19150)
Fact Sheet (1803K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
37) 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)
38) 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)
39) 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)
(Request to Place on Pending - No Date
Certain) (7/23/07 - Placed on Pending,
No Date Certain)
Fact Sheet (1439K)
40) 08-63 Annexation No. 08003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 63.13 acres of property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)
Fact Sheet (232K)
41) 08-64 Change of Zone 08019 - Application of
Robert and Victoria Rokeby for a change of
zone from R-3 Residential District to H-3
Highway Commercial District on property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)
Fact Sheet (291K)
42) 08-73 Change of Zone No. 08022HP - Application of
Danja Pegram Siders, on behalf of Aginvest
LLC, to designate the Dr. Slattery House at
5230 North 14th Street as a historic
landmark. (6/23/08 - Placed on Pending
Indefinitely, w/con't P.H.)
Fact Sheet (1287K)
43) 08R-193 Approving the Development and Conditional Zoning
Agreement between the City and Boyce
Construction, Inc. for the development of the
property located at North 14th Street and
Superior Street subject to restrictions on
maximum density, drive access to North 14th
Street, and a drive access to the north boundary
of the property to be compatible with the
adjacent residential neighborhood. (Related
Items: 08R-193, 08-111) (Action Date: 9/8/08)
(8/25/08 - Placed on Pending Indefinitely)
Attachment (224K)
44) 08-111 Change of Zone 08036 - Application of Boyce
Construction for a change of zone from R-2
Residential District to R-5 Residential District
on approximately 29,227 sq. ft. generally
located at N. 14th Street and Superior Street.
(Related Items: 08R-193, 08-111) (8/25/08 -
Placed on Pending Indefinitely)
Fact Sheet (1795K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 29, 2008, AT 5:30 P.M.:
(APPROVED, 7-0)
45) 08R-228 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for its participation in the Harris
Overpass Project (No. 701781) on O Street, 3rd
to 9th Streets.
Fact Sheet (13K)
Attachment (114K)
46) 08R-229 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for its participation in the S.W. 40th
Street/BNSF Overpass Project (No. 700132).
Fact Sheet (12K)
Attachment (112K)
47) 08R-230 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for its participation in the Antelope
Valley Project funding - Phase 1.
Fact Sheet (13K)
Attachment (115K)
48) 08R-232 Reappointing Barbara J. Walkowiak to the Parks
and Recreation Advisory Board for a one-year
term expiring June 1, 2009.
49) 08R-233 Authorizing and supporting the Parks &
Recreation Department's submittal of a grant
application to the State Game & Parks Commission
for a Recreational Trail Program Grant to assist
in funding the relocation of the Billy Wolff
Antelope Valley Connector Trail to the east side
of the Antelope Creek Channel between 27th
Street and J Street.
Fact Sheet (100K)
50) 08R-234 Authorizing and supporting the Parks &
Recreation Department's submittal of a grant
application to the State Game & Parks Commission
for a Recreational Trail Program Grant to assist
in funding the renovation of the Boosalis Trail
along Highway 2 from 17th Street to 20th Street.
Fact Sheet (94K)
51) 08R-235 Approving a labor contract between the City and
the Lincoln Police Union to be effective August
21, 2008.
Fact Sheet (138K)
Attachment (121K)
52) 08R-236 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 1 -
15, 2008.
Fact Sheet (14K)
Attachment (21K)
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 (9/24/08)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS 9/29/08.
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 DURING THE MONTH OF SEPTEMBER ARE
THE 8TH AND THE 29TH .
ADJOURNMENT 2:28 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
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