City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 4, 2008 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 18TH
DUE TO PRESIDENTS' DAY OBSERVANCE
ALL MEMBERS PRESENT EXCEPT EMERY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Smith Enterprises, Inc. dba
Jackpot Convenience Store for a Class D liquor
license at 501 West A Street. (ADOPTED, 6-0; A-84703)
2) Manager application of Dean H. Smith for Smith
Enterprises, Inc. dba Jackpot Convenience Store
at 501 West A Street. (ADOPTED, 6-0; A-84704)
3) Manager application of Diana Nasseff for Mission
3 LLC dba U-Stop Convenience Shop at 110 West O
Street. (ADOPTED, 6-0; A-84705)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 4
THRU 7 HAD 2ND READING)
4) 08-6 Amending Chapter 4.08 of the Lincoln
Municipal Code relating to the Citizen
Police Advisory Board by amending Section
4.08.010 relating to the powers and duties
of the Board to provide that the Board
shall have no jurisdiction to hear com-
plaints or conduct an investigation while a
criminal or civil action relating to the
complaint is pending against either the
complainant or the officer or officers
involved; amending Section 4.08.020
relating to the jurisdiction of the Board
to provide the Board shall lose
jurisdiction over a complaint if the
complainant files a civil action relating
to the same facts as the complaint before
them; amending Section 4.08.030 relating to
complaints made to the Citizen Police
Advisory Board to provide that the
chairperson may dismiss certain types of
complaints, subject to review by the Board
as a whole.
Fact Sheet (86K)
5) 08R-24 Approving the Development and Conditional Zoning
Agreement between the City and HOOG GEBOUW EAST
LLC relating to the development of property
generally located at N. 84th and Holdrege
Streets. (Related Items: 08R-24, 08-7,
08R-25) (Action Date: 2/11/08)
Attachment (453K)
6) 08-7 Change of Zone 07059 - Application of
Holdrege Investors LLC and Morning Glory
Estates Association, Inc. for a change of
zone from O-3 Office Park District to B-2
Planned Neighborhood Business District, and
from B-2 Planned Neighborhood Business
District to O-3 Office Park District on
property generally located at N. 84th
Street and Holdrege Street. (Related
Items: 08R-24, 08-7, 08R-25) (Action Date:
2/11/08)
Fact Sheet (635K)
7) 08R-25 Use Permit No. 128B - Application of Holdrege
Investors LLC and Morning Glory Estates
Association, Inc. to amend the existing use
permit to change approved office use to hotel,
restaurant and retail uses, and to increase the
maximum height in the B-2 district from 40' to
45' on property generally located at N. 84th
Street and Holdrege Street. (Related Items:
08R-24, 08-7, 08R-25) (Action Date: 2/11/08)
Fact Sheet (647K)
Motion To Amend 1 (6K)
PUBLIC HEARING - RESOLUTIONS (SEE ITEM 14)
8) 08R-23 Approving a Release of Conservation Easements
over a portion of Lot 2, 6th & H Addition, and a
portion of vacated H Street for construction of
a building in the easement area and approving a
Conservation Easement Agreement granting a
conservation easement over Lot 7 and Lots 9-12,
Block 141, Original Plat Lincoln.
(ADOPTED, 6-0; A-84706)
Attachment 1 (15K)
Attachment 2 (123K)
9) 08R-27 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 1 -
15, 2008. (ADOPTED, 6-0; A-84707)
Fact Sheet (13K)
Attachment (18K)
10) 08R-28 Amending Article IV, Membership, of the Bylaws
of the Veterans Memorial Garden Advisory Council
to delete the term limit provision.
(ADOPTED, 6-0; A-84708)
Fact Sheet (105K)
11) 08R-29 Approving a Lease Agreement between the City and
Lamar Companies for outdoor advertising on the
City owned billboard generally located at 27th
and Y Streets. (ADOPTED, 6-0; A-84709)
Fact Sheet (107K)
Attachment (430K)
12) 08R-31 Designating the City of Lincoln as a Preserve
America Community as a means to support
preservation, economic development, and
community revitalization of historic resources.
(ADOPTED, 6-0; A-84710)
13) 08R-32 Supporting passage of LB 235 with its financial
incentives by the State Legislature to encourage
film production within the State of Nebraska.
(AMENDED, 6-0; ADOPTED AS AMENDED, 5-1;
SVOBODA DISSENTING; A-84711)
14) 08R-26 Adopting the LES 2008 Rate Schedules, Service
Regulations, and Cost Analysis Summary providing
for a system average increase of 5.5 percent, to
be effective March 1, 2008. (HAD PUBLIC HEARING)
(Action Date: 2/11/08)
Fact Sheet (91K)
Attachment (10601K)
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, March 3,
2008 at 1:30 p.m. for the application of The
Falls, LLC dba The Falls for a Class I liquor
license located at 5925 Adams St.
(ADOPTED, 6-0; A-84712)
16) Setting the hearing date of Monday, March 3,
2008 at 1:30 p.m. for the application of Hy-Vee
Inc. dba Hy-Vee 2 for a change of premise of
their existing Class C liquor license currently
located at 2343 N. 48th St. to their new
location described as a one story irregular
shaped building approx. 270 ft. x 361 ft.
located at 1601 N. 84th St.
(ADOPTED, 6-0; A-84713)
17) Setting the hearing date of Monday, March 3,
2008 at 1:30 p.m. for the application of Grata
LLC dba Grata for an addition to premise of
their existing Class C liquor license adding a
one story area approx. 64 ft. x 23 ft. located
at 2755 Jamie Lane, Suite 15. (ADOPTED, 6-0;
A-84714)
18) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 07060, Wilderness Heights
Planned Unit Development - App. of Lincoln
Federal Bancorp, from AG Agricultural District
to B-2 Planned Neighborhood Business District
for Wilderness Heights Planned Unit Development,
and from AG Agricultural District to R-3
Residential District, on property generally
located at S. 40th Street and Yankee
Hill Road, for a Planned Unit Development
District designation on the B-2 portion of said
property, and for approval of a development plan
which proposes modifications to the Zoning
Ordinance, Land Subdivision Ordinance and City
of Lincoln Design Standards to allow
approximately 225,000 square feet of commercial
floor area and approximately 60 dwelling units.
Change of Zone No. 08001 - App. of
Hartland Homes, Inc., from AG Agricultural
District to H-4 General Commercial District on
property generally located at N. 56th Street
and Alvo Road.
Change of Zone No. 08002 - App. of Chris
Pischel, from R-2 Residential District to B-1
Local Business District on property generally
located at SW 6th Street and West A Street.
Change of Zone No. 08003 - App. of Chris
Pischel, from O-2 Suburban Office District to
B-3 Commercial District on property generally
located at S. 48th Street and Meredeth
Street.
Change of Zone No. 08004 - App. of Chris
Pischel, from R-T Residential Transition
District to B-1 Local Business District on
property generally located at N. 48th
Street and Fremont Street.
Change of Zone No. 08005 - Req. by
the Director of Planning, amending Section
27.63.280 of the Lincoln Municipal Code relating
to Zoning Code Special Permits, to allow a
special permit to be granted for the expansion
or enlargement of premises devoted to or
occupied by building or structures, the use of
which constitutes a nonconforming or nonstandard
use, and repealing Section 27.63.280 of the
Lincoln Municipal Code as hitherto existing.
Special Permit No. 08001 - App. of
Kabredlo's Inc., for the authority to sell
alcoholic beverages for consumption off the
premises on property generally located at
NW 48th Street and West Adams Street.
Special Permit No. 08002 - App. of
Kabredlo's Inc., for the authority to sell
alcoholic beverages for consumption off the
premises on property located at 2500 NW
12th Street.
Special Permit No. 08003 - App. of Mike
McKeeman, to allow for seasonal outdoor sales on
property generally located at S. 84th Street
and Old Cheney Road.
Special Permit No. 08004 - App. of Land
Construction Inc., for extraction of soil on
property located at 3601 Waverly Road.
Special Permit No. 08005 - App. of David
and Mary Jo Cassner, for an early childhood care
facility on property generally located at
S. 56th Street and Pine Lake Road.
Special Permit No. 08006 - App. of Chris
Pischel, for the expansion of a non-conforming
use on property generally located at SW 6th
Street and West A Street.
Special Permit No. 08007 - App. of Chris
Pischel, for the expansion of a non-conforming
use on property generally located at S. 48th
Street and Meredeth Street.
Special Permit No. 08008 - App. of Chris
Pischel, for the expansion of a non-conforming
use on property generally located at N. 48th
Street and Fremont Street.
19) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS - NONE
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 20 THRU
22 HAD 1ST READING)
20) 08R-37 Approving an Interlocal Agreement between the
City and County for the improvement of Alvo Road
generally from N.W. 12th Street to N. 16th
Street, and N. 14th Street north and south of
Alvo Road. (Related Items: 08R-37, 08R-38,
08-9) (Action Date: 2/11/08)
Fact Sheet (77K)
Attachment (275K)
21) 08R-38 Approving the Second Amendment to the Fallbrook
Annexation Agreement between the City and NEBCO,
Inc. for the improvement of Alvo Road generally
from N.W. 12th Street to N. 1st Street, and the
future design of N.W. 12th Street from Alvo Road
to Highway 34. (Related Items: 08R-37, 08R-38,
08-9) (Action Date: 2/11/08)
Fact Sheet (87K)
Attachment (29K)
22) 08-9 Amending the Highway Allocation Bond Ordinance
#18863 to revise the project description for
Alvo Road to include the improvement of Alvo
Road generally from N.W. 12th Street to
N. 16th Street, and N. 14th Street north and
south of Alvo Road. (Related Items: 08R-37,
08R-38, 08-9) (Action Date: 2/25/08)
Fact Sheet (97K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
RESOLUTIONS - ACTION ONLY
23) Application of Peking Palace Lincoln, Inc. dba
Peking Palace for a Class I liquor license at
8341 O Street. (1/28/08 - Action Delayed
1 wk. to 2/4/08) (ADOPTED, 6-0; A-84715)
24) Manager application of Trung Luu for Peking
Palace Lincoln, Inc. dba Peking Palace at 8341 O
Street. (1/28/08 - Action Delayed 1 wk. to
2/4/08) (ADOPTED, 6-0; A-84716)
25) Application of Black Cadillac, Inc. dba
Libations Too for a Class C liquor license at
5310 S. 56th Street, Suite 1. (1/28/08 -
Action Delayed 1 wk. to 2/4/08) (ADOPTED, 6-0;
A-84717)
26) Manager application of Paul J. Miloni for Black
Cadillac, Inc. dba Libations Too at 5310 S. 56th
Street, Suite 1. (1/28/08 - Action Delayed 1
wk. to 2/4/08) (ADOPTED, 6-0; A-84718)
RECONSIDERATION
27) 08R-22 Amending Resolution No. A-70031 adopted on
April 15, 1985 to waive the requirement that
subdivision of the property be accomplished by
the City's formal platting procedures when a street
is needed within the area of the proposed lots in
order to allow for the administrative subdivision
of property generally located at Shamrock Road and
South 70th street. 1/28/08 - Amended, 7-0; Lost
as Amended, 2-5; Eschliman & Svoboda Assenting
(#38-4561). (RECONSIDERED, 6-0; P.H. & ACTION
ON 2/11/08, 6-0)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
28) 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)
(RECONSIDERED, 6-0; PUBLIC HEARING & ACTION
ON 2/11/08, 6-0)
Fact Sheet (1803K)
29) 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) (Request to remove from
Pending) 1/28/08 - Removed from Pending to have
2nd Reading & Public Hearing on 2/11/08)
Fact Sheet (56K)
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 07-97 Change of Zone 07022 - Application of Hoppe
Partners Ltd. for a change of zone from R-6
Residential District to B-4 Lincoln Center
Business District on property generally
located at the southeast corner of S. 19th
and L Streets. (Request to place on Pending)
(6/25/07 - Placed on Pending Indefinitely)
Fact Sheet (638K)
36) 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)
37) 07-139 Change of Zone 07045 - Application of Realty
Trust Group for a change of zone from R-3
Residential Planned Unit Development to B-2
Planned Neighborhood Business District on
approximately 5.87 acres generally located
at S. 84th Street and Old Cheney Road.
(9/17/07 - Action Delayed 1 wk. to
9/24/07) (9/24/07 - Placed on Pending,
No Date Certain)
Fact Sheet (399K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, FEBRUARY 11, 2008, AT 1:30 P.M.
(APPROVED, 6-0)
38) 08R-33 Authorizing the Lincoln Children's Museum
to sublet 26,433 sq. ft. of space to the
Nebraska State Historical Society for
general office and storage space for a
three-year period.
Fact Sheet (115K)
Attachment (394K)
39) 08R-34 Approving an Agreement between the City and the
Nebraska Department of Roads so that federal and
state funding may be used for the construction
and construction engineering of the Safety
Improvement Project at Superior Street and
I-180 East Ramp.
Fact Sheet (62K)
Attachment (513K)
40) 08R-35 Approving the Deadmans Run 100-year Floodprone
Areas and revised Floodway as the best available
information for local flood regulation purposes.
Fact Sheet (78K)
Attachment (221K)
41) 08R-36 Comp. Plan Amendment 07002 - Amending the 2030
Lincoln City/Lancaster County Comprehensive Plan
to add the Deadmans Run Watershed Master Plan to
the list of sub-area plans in the Plan
Implementation section and to the list of
approved watershed studies in the Utilities
section of the Comprehensive Plan.
Fact Sheet (263K)
Attachment (897K)
42) 08R-39 Reappointing Beatty Brasch and Kim Phelps to the
StarTran Advisory Board for three-year terms
expiring October 20, 2010.
43) 08R-40 Appointing Rick Noyes and John Baylor to the
StarTran Advisory Board for three-year terms
expiring October 20, 2010.
Attachment (54K)
44) 08R-41 Appointing Curt Donaldson to the Parks and
Recreation Advisory Board to fill an unexpired
term expiring April 27, 2010.
Attachment (22K)
45) 08R-42 Reappointing Steve Masters to the District
Energy Corporation for a two-year term expiring
December 31, 2009.
46) 08R-43 Appointing Dallas McGee to the Lincoln Housing
Authority Board for a five-year term expiring
July 1, 2012.
Attachment (27K)
47) 08R-44 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 16 -
31, 2008.
Fact Sheet (13K)
Attachment (17K)
48) 08R-45 Approving an Interlocal Cooperative Agreement
between the City of Lincoln and the City of
Fremont, City of Papillion, Loup River Public
Power District, Lower Platte South NRD,
Metropolitan Utilities District, Nebraska Public
Power District, North Loup Public Power and
Irrigation District, Omaha Public Power
District, The Central Nebraska Public Power and
Irrigation District, and Twin Loup Reclamation
District, as proponents of Sound Science for
Lower Platte River Policy Decisions, for the
comprehensive review of the Biological Opinion
of the Nebraska Game and Parks Commission in the
Lower Platte River, and for the submission of
comments at public hearings, meetings and
gatherings.
Fact Sheet (17K)
Attachment (210K)
49) 08R-46 Authorizing the Mayor to execute a multi-year
contract per City Ordinance when funding
appropriations comes from more than one fiscal
year CIP for the Antelope Valley Phase 1 - N/S
Road north of Q to Y Street.
Fact Sheet (47K)
50) 08R-47 Amending Resolution A-84406 approving Special
Permit No. 872F, to expand the boundaries of the
Firethorn Community Unit Plan and to add 95
single family residential lots, by deleting the
requirement that the Permittee revise the site
plan to show a connection to Pioneers Boulevard
prior to receiving building permits.
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 (2/6/08) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 2/11/08.
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 FOR FEBRUARY ARE THE 11TH AND THE 25TH.
ADJOURNMENT 5:54 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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