City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 11, 2008 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 18TH
DUE TO PRESIDENTS' DAY OBSERVANCE
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JANUARY IS JAY EDMISTON
AND LEROY ROSENTHAL, PUBLIC WORKS & UTILITIES/STREET MAINTENANCE
OPERATIONS DIVISION FOR THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of G2B, LLC, dba Iguanas Pub/Voda
Lounge for a Class I liquor license at 1426 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-84719)
2) Manager application of John C. Berry for G2B,
LLC, dba Iguanas Pub/Voda Lounge at 1426 O
Street. (ADOPTED FOR APPROVAL, 7-0; A-84720)
3) Application of Spikes Beach Bar & Grill for a
special designated license to cover an area
measuring 140 feet by 100 feet immediately
adjacent to the licensed premises at 2300 Judson
Street on May 17, 2008 from 3:00 p.m. to 7:00 p.m.
(ADOPTED FOR APPROVAL, 7-0; A-84721)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 4 THRU 7
HAD 2ND READING; SEE ITEMS 5, 6, & 7)
4) 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)(Request to remove from Pending)
(1/28/08 - Removed from Pending to have 2nd Reading
& Public Hearing on 2/11/08)
Fact Sheet (56K)
5) 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)(CONT. PUBLIC HEARING
W/ACTION TO 3/3/08, 7-0)
Fact Sheet (77K)
Attachment (275K)
6) 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) (CONT. PUBLIC HEARING
W/ACTION TO 3/3/08, 7-0)
Fact Sheet (87K)
Attachment (29K)
7) 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) (CONT. PUBLIC HEARING
W/ACTION TO 3/3/08, 7-0)
Fact Sheet (97K)
PUBLIC HEARING - RESOLUTIONS
8) 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) (2/4/08 - Reconsidered & to have P.H. &
Action on 2/11/08) (PUBLIC HEARING & ACTION DELAYED
2 WEEKS TO 2/25/08, 7-0)
9) 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.(AMENDED, 7-0;
ADOPTED AS AMENDED, 7-0; A-84722)
Fact Sheet (115K)
Attachment (394K)
Motion To Amend 1 (6K)
10) 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. (ADOPTED, 7-0; A-84723)
Fact Sheet (62K)
Attachment (513K)
11) 08R-35 Approving the Deadmans Run 100-year Floodprone
Areas and revised Floodway as the best available
information for local flood regulation purposes.
(ADOPTED, 6-1; ESCHLIMAN DISSENTING; A-84724)
Fact Sheet (78K)
Attachment (221K)
12) 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. (AMENDED, 7-0;
ACTION DELAYED FOR 60 DAYS, 4-3; COOK, EMERY,
MARVIN DISSENTING)
Fact Sheet (263K)
Attachment (897K)
13) 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. (ADOPTED, 7-0; A-84725)
Fact Sheet (13K)
Attachment (17K)
14) 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.(ADOPTED, 7-0; A-84726)
Fact Sheet (17K)
Attachment (210K)
15) 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.(ADOPTED,
7-0; A-84727)
Fact Sheet (47K)
16) 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.(ADOPTED,
7-0; A-84728)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
17) Setting the Hearing Date of Monday, March 3,
2008 at 1:30 p.m. for the Application of The
Garage Sports Bar & Grill, Inc. dba The Garage
Sports Bar & Grill for a Class I liquor license
located at 5551 S. 48th Street. (ADOPTED, 7-0;
A-84729)
18) Setting the Hearing Date of Monday, March 3,
2008 at 1:30 p.m. for the Manager Application of
Jess Vetrovsky for Gas 'N Shop Inc. dba Git 'N
Split located at 3201 West O Street, 1545
Cornhusker Hwy., 2801 O Street, 5560 S. 48th
Street, 4401 N. 27th Street, and 951 West O
Street. (ADOPTED, 7-0; A-84730)
19) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
20) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by the Council on
January 28,2008. (PLACED ON FILE)
21) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by the Council on
February 4, 2008. (PLACED ON FILE)
22) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month of December, 2007.
(ADOPTED, 7-0; A-84731)
23) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for January 2008. (PLACED
ON FILE)
24) Report from City Treasurer of Franchise tax for
the month of December 2007 from Aquila.(PLACED
ON FILE)
25) Report from City Treasurer of Franchise tax for
the month of December, 2007 from Time Warner
Cable.(PLACED ON FILE)
26) Report from City Treasurer of Telecommunication
Occupation Tax for the month of Oct. - Dec.,
2007: Helio, Comtech 21, Association
Administrators, NECC Telecom, Compliance
Solutions, Compliance Solutions, T-Mobile
Central; November, 2007: New Cingular, AT&T of
Midwest, TWC Digital Phone, USCOC of Greater
Iowa, Cricket, Nebraska Tech. & Telecomm.,
Advanced Tel, XO Comm., Earthlink, VoiceCom,
Broadband Dynamics, Trac Fone, LDMI, Intellicall
Operator, Cincinnati Bell Any Distance,
McLeodUSA, Working Assets Funding Serv., OnStar,
Movida, Broadwing, Verizon-Bell Atlantic, Global
Crossing Bandwidth, ACN, Telecorp, Virgin Mobile
USA, Primus, Quantum Shift, CIMCO, Business
Prod. Solutions, IBM Global, Flying J, KDDI
America, TCG Omaha, UCN, USCOC of
Nebraska/Kansas, Trans National, Wholesale
Camer, Globalstar USA, Verizon-Verizon Select,
Qwest, Norstan Network, Global Crossing;
December, 2007: Alltel of NE, WWC, D&D, Sprint
Spectrum, Nextel, One Verizon Way, Sprint,
Covista, AmeriVision, Globalcom, Affinity
Network, Digizip.com, Lightyear Network
Solutions, GTC Telecom, Zone Telecom, Tri-M,
Enhanced, NOSVA, NOS, First Comm., 360networks,
Business Telecom, Nextel West, 800 response
Information, BT Americas, SBC Long Distance,
Acceris, Level 3, ACN, Level 3, AT&T of Midwest,
Comtel Telcom Assets, AT&T of Midwest, Windstream,
TWC Digital Phone, Qwest; Jan. - Dec., 2007:
Access2Go, DeHacom; January, 2008: Shaffer. (PLACED
ON FILE)
27) 08R-39 Reappointing Beatty Brasch and Kim Phelps to the
StarTran Advisory Board for three-year terms
expiring October 20, 2010. (ADOPTED, 7-0; A-84732)
28) 08R-40 Appointing Rick Noyes and John Baylor to the
StarTran Advisory Board for three-year terms
expiring October 20, 2010.(ADOPTED, 7-0; A-84733)
Attachment (54K)
29) 08R-41 Appointing Curt Donaldson to the Parks and
Recreation Advisory Board to fill an unexpired
term expiring April 27, 2010.(ADOPTED, 7-0;
A-84734)
Attachment (22K)
30) 08R-42 Reappointing Steve Masters to the District
Energy Corporation for a two-year term expiring
December 31, 2009. (ADOPTED, 7-0; A-84735)
31) 08R-43 Appointing Dallas McGee to the Lincoln Housing
Authority Board for a five-year term expiring
July 1, 2012.(ADOPTED, 7-0; A-84736)
Attachment (27K)
32) Request of Public Works to set the Public Hearing
date of Monday, March 10, 2008 at 5:30 p.m. and place
on the formal City Council Agenda the following:
08R-53 Authority to create an Alley Paving
Special Assessment District,
33rd to 34th Streets, D to F Streets
& assess the cost thereof against the
benefitted property. (APPROVED, 7-0)
33) Request of Public Works to set the date of
Monday, March 3, 2008, at 10:00 a.m. for Board
of Equalization Special Assessment Group I.
(APPROVED, 7-0)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 34 THRU 37 HAD 1ST READING.)
34) 08-8 Creating and ordering construction of
Sidewalk Improvement District No. _____ in
various locations within the City and
assessing the cost against the benefitted
property.
Fact Sheet (59K)
Attachment (16583K)
35) 08-10 Misc. 08001 - Amending Title 26 of the Lincoln
Municipal code relating to land subdivisions by
amending Section 26.19.010 to allow final plats
to be drawn on 24 lb. white paper and by amending
Section 26.23.140 to provide that lots shown within
the boundaries of an approved community unit plan,
a planned unit development, or use permit are not
required to front upon and take access to a public
street or private roadway, provided that a permanent
public access easement to and from a public street or
private roadway for such residential lots is dedicated
in the final plat creating such residential lots and
that permanent access easement (public or private) to
and from a public street or private roadway for such
nonresidential lots is dedicated in the final plat
creating such nonresidential lots.
Fact Sheet (171K)
36) 08-11 Change of Zone 07061 - Application of Steve Glenn of
MGG Enterprises for a change of zone from B-1 Local
Business District to B-2 Planned Neighborhood Business
District on property generally located southwest of the
intersection of Van Dorn Street and South 70th Street.
(Related Items: 08-11, 06R-50) (Action Date: 3/3/08)
Fact Sheet (316K)
37) 08R-50 Pre-Existing Use Permit No. 07001A - Application
of Steve Glenn of MGG Enterprises to develop
16,000 square feet of commercial floor area,
with an adjustment to the parking requirement to
allow a temporary outdoor structure in
conjunction with the use of the building as a
convenience hardware store, on property
generally located southwest of the intersection
of Van Dorn Street and South 70th Street.
(Related Items: 08-11, 06R-50) (Action Date:
3/3/08)
Fact Sheet (399K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
38) 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)(PLACED ON
PENDING INDEFINITELY, 5-2; SPATZ, SVOBODA
DISSENTING)
Fact Sheet (1803K)
39) 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. (PASSED, 7-0;
#19044)
Fact Sheet (86K)
40) 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) (ADOPTED, 7-0;
A-84737)
Attachment (453K)
41) 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)(PASSED, 7-0; #19045)
Fact Sheet (635K)
42) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84738)
Fact Sheet (647K)
Motion To Amend 1 (6K)
RESOLUTIONS - ACTION ONLY
43) 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. (Action Date: 2/11/08)
(AMENDMENT #1 ADOPTED, 4-3; COOK, EMERY, MARVIN DISSENTING;
AMENDMENT #2 ADOPTED, 4-3; COOK, EMERY, MARVIN DISSENTING;
ADOPTED AS AMENDED, 5-2; COOK, MARVIN DISSENTING; A-84739)
Fact Sheet (91K)
Attachment (10601K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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 25, 2008, AT 5:30 P.M.
(APPROVED, 7-0)
52) 08R-30 Ordering construction of Paving Unit No. _____
in Q Street from 35th to 36th Streets and
assessing the cost thereof against the
benefitted properties.
Fact Sheet (61K)
Attachment (709K)
53) 08R-48 Misc. 07010 - Declaring the N.W. 48th & I-80
Redevelopment Area as blighted and substandard
generally bounded by West Holdrege Street on the
north to Interstate 80 right-of-way on the
south; from N.W. 56th Street on the west to N.W.
40th Street on the east.
Fact Sheet (168K)
Attachment (1961K)
54) 08R-49 Misc. 08003 - Declaring the South 19th Street
Blight Update Area as blighted and substandard
generally bounded by the center line of
Washington Street on the north to the center
line of Garfield Street on the south; and the
center line of South 18th Street on the west to
east of South 19th Street, including Lots 4 - 7,
Block 4, Williams Subdivision, and associated
alleys.
Fact Sheet (361K)
Attachment 1 (55477K)
Attachment 2 (532K)
55) 08R-52 Approving the transfer of unspent appropriations
in the amount of $35,297 from account 10001.5621
(Personnel Department) to 02014.5021 (Mayor's
Department Human Rights) for the Affirmative
Action function.
Fact Sheet (64K)
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 (2/20/08) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 2/25/08.
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 5:56 P.M.
ANNOUNCEMENTS:
March 2008 City Council Meeting Dates and Times:
March 3 - 1:30 p.m March 10 - 5:30 p.m.
March 17 - 1:30 p.m. March 24 - 1:30 p.m.
March 31 - 5:30 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
***