City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 25, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 1
THRU 4 HAD 2ND READING)
1) 08-8 Creating and ordering construction of
Sidewalk Improvement District No. 95 in
various locations within the City and
assessing the cost against the benefitted
property.
Fact Sheet (59K)
Attachment (16583K)
2) 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)
3) 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, 08R-50)
(Action Date: 3/3/08)
Fact Sheet (316K)
4) 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, 08R-50) (Action Date:
3/3/08)
Fact Sheet (399K)
PUBLIC HEARING - RESOLUTIONS
5) 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) (2/11/08 -
P.H. & Action con't. 2 weeks to 2/25/08)
(ADOPTED, 7-0; A-84740)
6) 08R-30 Ordering construction of Paving Unit
No. 141 in Q Street from 35th to
36th Streets and assessing the cost
thereof against the benefitted properties.
(PLACED ON INDEFINITE PENDING, 6-1; EMERY DISSENTING)
Fact Sheet (61K)
Attachment (709K)
7) 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. (ADOPTED, 7-0; A-84741)
Fact Sheet (168K)
Attachment (1961K)
8) 08R-49 Misc. 08003 - Declaring the South 19th Street
Blight Update Area as blighted and substandard
generally bounded by the centerline of
Washington Street on the north to the centerline
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.
(ADOPTED, 7-0; A-84742)
Fact Sheet (361K)
Attachment 1 (55477K)
Attachment 2 (532K)
9) 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. (ADOPTED, 7-0: A-84743)
Fact Sheet (64K)
Anyone wishing to address an item on the Consent Agenda may do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
10) 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
Gas N Shop located at 345 West O Street.
(ADOPTED, 7-0; A-84744)
11) Setting the hearing date of Monday, March 10,
2008 at 5:30 p.m. for the Application of
Grandstand LLC dba The Element for a
Class I liquor license located at 5601
S. 56th St., Suite 21. (ADOPTED, 7-0; A-84745)
12) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 08006 - Req. by the
Director of Planning, amending Section 27.45.020
of the Lincoln Municipal Code to add churches as
a permitted use in the H-4 General Commercial
District; and repealing Section 27.45.020 of the
Lincoln Municipal Code as hitherto existing.
Change of Zone No. 08007 - App. of Olsson
Associates, from AGR Agricultural Residential
District to R-3 Residential District, on
property generally located at S. 84th Street
and Pine Lake Road.
Special Permit No. 08010 - App. of Keith
Fizkenscher, to allow a propane dispensing
station on the northwest corner of the property
generally located at S. 48th Street and
Highway 2.
Special Permit No. 08011 - App. of Katie
Halperin, for expansion of a nonconforming use,
on property located at 1531 S. 19th Street
and 1541 S. 19th Street.
Special Permit No. 08012 - App. of Olsson
Associates, for a domicillary care facility for
approximately 57 residents, on property
generally located at S. 84th Street
and Pine Lake Road.
Special Permit No. 08013 - App. of ESP,
Inc., for an early childhood care facility for
up to approximately 120 children, with requests
to waive the location of the permitted sign to
be shown at time of sign permits and to not
require access to a collector street, on
property generally located at S. 61st
Street and Pine Lake Road.
Special Permit No. 08014 - App. of ESP,
Inc., for a private dance school for
approximately 36 students, with waiver request
to allow the location of the permitted sign to
be shown at the time of the sign permits, on
property generally located at S. 61st
Street and Pine Lake Road.
13) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
14) Assessment Resolution for Board of Equalization,
Group I to be held Monday, March 3, 2008 at
10:00 a.m. (ADOPTED, 7-0)
15) Affidavit of Mailing for Board of Equalization,
Group I to be held Monday, March 3, 2008 at
10:00 a.m. (PLACED ON FILE)
16) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on February 11, 2008. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 17
THRU 27 HAD 1ST READING)
17) 08-12 Amending Section 12.20.050 of the Lincoln
Municipal Code relating to permits and
requirements for planting, maintaining,
removal, and destruction of trees along
public ways to incorporate the Street Tree
Voucher Program.
Fact Sheet (141K)
18) 08-13 Vacation No. 07009 - Vacating N. 1st Street
from the north right-of-way line of Q
Street to the north property line of Lot 57
I.T. (Related Items: 08-13, 06R-60)
(Action Date: 3/10/08)
Fact Sheet (901K)
19) 08R-60 Approving a Conservation Easement Agreement
between People's City Mission Home and the City
of Lincoln over approximately .92 acres
generally located at N. 1st and Q Street, to
preserve flood storage capacity of the easement
area. (Related Items: 08-13, 06R-60) (Action
Date: 3/10/08)
Attachment (262K)
20) 08-14 Annexation 08001 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 9.22 acres of property
generally located at N. 56th Street and
Alvo Road. (Related Items 08-14, 08-15)
(Action Date: 3/10/08)
Fact Sheet (902K)
Attachment (37K)
21) 08-15 Change of Zone 08001 - Application of
Hartland Homes, Inc. for a change of zone
from AG Agricultural District to H-4
General Commercial District on property
generally located at N. 56th Street and
Alvo Road. (Related Items 08-14, 08-15)
(Action Date: 3/10/08)
Fact Sheet (823K)
22) 08-19 Change of Zone 08005 - 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 a premises devoted
to or occupied by buildings or structures,
the use of which constitutes a nonconforming
or nonstandard use.
Fact Sheet (70K)
23) 08-16 Change of Zone 08002 - Application of
Olderbak Enterprises North, LLC and Foster
Investment, LLC for a change of zone from R-2
Residential District to B-1 Local Business
District on property generally located at the
Northwest corner of S.W. 6th Street and
West A Street.
Fact Sheet (938K)
24) 08-17 Change of Zone 08003 - Application of
Olderbak Enterprises North, LLC for a
change of zone from O-2 Suburban Office
District to B-3 Commercial District on
property generally located northwest of the
intersection of S. 48th and Meredeth
Street. (Related Items: 08-17, 08R-65)
(Action Date: 3/10/08)
Fact Sheet (847K)
25) 08R-65 Special Permit 08007 - Appeal of Keith
Sackschewsky to the Planning Commission's
conditional approval of the application of
Olderbak Enterprises North LLC to expand a
nonconforming use to increase the area where the
sale of alcoholic beverages for consumption off
the premises is allowed, on property generally
located northwest of the intersection of S. 48th
Street and Meredeth Street. (Related Items:
08-17, 08R-65) (Action Date: 3/10/08)
Fact Sheet (1054K)
26) 08-18 Change of Zone 08004 - Application of
Olderbak Enterprises North, LLC for a change
of zone from R-T Residential Transition
District to B-1 Local Business District on
property generally located at N. 48th Street
and Hartley Street.
Fact Sheet (696K)
27) 08-20 Adopting the supplements to the Lincoln
Municipal Code dated June, 2007 and
December, 2007 as part of the official
Lincoln Municipal Code.
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 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)
(PASSED, 7-0; #19046)
Fact Sheet (56K)
RECONSIDERATION
29) 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. (2/11/08 -
Action Delayed for 60 days to 4/14/08)
(RECONSIDERED, 6-1; CAMP DISSENTING; RECONSIDERED
MTA #1, ADOPTED 2/11/08, TO WITHDRAW, 7-0; MTA #2, 6-1;
CAMP DISSENTING; ADOPTED AS AMENDED, 4-3; CAMP, ESCHLIMAN,
SVOBODA DISSENTING; A-84746)
Fact Sheet (263K)
Attachment (897K)
Motion To Amend 2 (7K)
PENDING LIST - DATE CERTAIN
30) 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) (2/11/08 - P.H. &
Action con't. to 3/3/08)
Fact Sheet (77K)
Attachment (275K)
31) 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) (2/11/08 - P.H. &
Action con't. to 3/3/08)
Fact Sheet (87K)
Attachment (29K)
32) 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)
(2/11/08 - P.H. & Action con't. to 3/3/08)
Fact Sheet (97K)
PENDING LIST (SEE ITEM #38)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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) (Request to Remove from Pending)
(REMOVED FROM PENDING TO HAVE 2ND READING & P.H.
ON 3/3/08 W/ACTION ON 3/10/08, 7-0)
Fact Sheet (638K)
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) 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)
41) 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)
Fact Sheet (1803K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 3, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
42) 08R-62 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 1 -
15, 2008.
Fact Sheet (13K)
Attachment (18K)
43) 08R-54 Approving an Interlocal Agreement between the
City and Lancaster County to jointly purchase
right-of-way for the East Beltway.
Fact Sheet (46K)
Attachment (294K)
44) 08R-55 Reappointing James Hewitt to the Nebraska
Capitol Environs Commission for a three-year
term expiring January 9, 2011.
45) 08R-56 Appointing Todd Blome to the City Audit Advisory
Board for a one-year term expiring March 1,
2009.
Attachment (28K)
46) 08R-57 Appointing Steve Bowen to the City Audit
Advisory Board for a two-year term expiring
March 1, 2010.
Attachment (37K)
47) 08R-58 Appointing Jim Mastera to the City Audit
Advisory Board for a three-year term expiring
March 1, 2011.
Attachment (26K)
48) 08R-59 Reappointing Scott Sullivan and Michael Eckert
to the Urban Design Committee for a three-year
term expiring February 1, 2011.
49) 08R-61 Appointing Dr. Heidi Stark to the Lincoln-
Lancaster County Board of Health to fill an
unexpired term expiring April 15, 2010.
Attachment (36K)
50) 08R-63 Directing submittal to the qualified electors of
the City a proposed Charter amendment amending
Article IV, Section 12, of the Charter relating
to the duties of the mayor to clarify that the
mayor must approve purchases and contracts in
excess of $25,000; amend Article VII, Section 2
of the Charter relating to the powers and duties
of the purchasing division to provide that the
purchasing division shall advertise for formal
sealed bids for any contract in excess of
$25,000, provided the mayor may authorize
construction of public works and utilities
infrastructures where the city subsidy or
reimbursement does not exceed $100,000, and
provided further that the mayor may delegate the
execution of any purchase contract award of less
than $25,000; and amend Article VIII, Section 5
relating to the awarding of street improvement
contracts to provide the city may make
improvements not to exceed $25,000 where it has
not received any bids on a street improvement
project.
Fact Sheet (23K)
51) 08R-64 Directing submittal to the qualified electors of
the City a proposed Charter amendment amending
Article VII, Section 5 relating to conflicts of
interest to prohibit elected officials and
department directors from entering into
contracts with the city either individually or
through a business in which he or she has a
direct or indirect ownership interest and to
require that a declaration of a conflict of
interest must be recorded in the minutes of the
meeting when so declared; to clarify that
unfulfilled portions of contracts in violation
of the conflict of interest provisions may be
voided by the mayor or city council; and to
gender neutralize the existing language.
Fact Sheet (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 (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 9:04 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
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