City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 10, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT
Anyone wishing to address an item on the Consent Agenda may
do so at this time
In appreciation for Dana Roper's 34 years of
exemplary service to the City of Lincoln.
(ADOPTED, 7-0; A-84765)
PUBLIC HEARING
-CONSENT AGENDA-
REPORTS OF CITY OFFICERS
1) Setting the interest rate and levying the
assessments on Special Assessment Group I
of the Board of Equalization held March 3,
2008. (ADOPTED, 7-0; A-84765)
2) Accepting the report on Board of Equalization to
City Council on Special Assessment Group I Water
District 1197.(APPROVED, 7-0)
3) Lincoln Water & WasteWater System Recapitulation of
Daily Cash Receipts for February 2008. (PLACED ON FILE)
4) Report from City Treasurer of Franchise tax for
the month of January, 2008 from Aquila. (PLACED
ON FILE)
5) Report from City Treasurer of Telecommunication
Occupation Tax for Jan.-Dec., 2007: Talk
America; Oct.-Dec., 2007: Matrix, TWC Digital
Phone, Accessline, IDT, AireSprings, AirCell,
Caused Based Commerce, PNG, Comtel,
Telenational, MegaPath, OPEX, Southwest,
Reliance, Startec Global,Windstream Nebraska:
December, 2007: TWC Digital Phone, Windstream
Nebraska, Windstream Systems of the Midwest,
Cricket, AT&T of Midwest, New Cingular Wireless,
USCOC of Greater Iowa, Nebraska Technology &
Telecomm.,Trans National, Global Crossing,
Verizon Select, Network Billing, Business Prod.
Solutions, CIMCO, Ton Services, Norstan Network,
Guaranteed Phone, IBM Global, Quantum Shift,
KDDI America, Advanced Tel, Tracfone Wireless,
LDMI, Intellicall Operator, Earthlink, XO
Communications, VoiceCom, Verizon-Bell Atlantic,
Primus, TCG Omaha, Global Crossing Bandwidth,
Broadwing, USCOC of Nebraska/Kansas, McLeod USA,
GlobalStar USA, Qwest, On Star, Telecorp, Virgin
Mobile USA, Working Assets Funding, UCN, ACN,
Wholesale Carrier, Movida, Who's Calling,
Broadband Dynamics, Airnex, Cincinnati Bell
Distance, New Eagle; January, 2008: AT&T Comm.
of Midwest, Level 3, TWC Digital, Comtel Telcom
Assets, ACN, Qwest, Level 3, Globalcom, TCG
Omaha, SBC Long Distance, First Comm, Nextel
West, Acceris, GTC Telecom, Tri-M, Enhanced,
Lightyear, Zone, Covista, 360onetwork (USA), ATS
Mobile, Unite Private Networks, NOS, NOSVA,
Business Telecom, Windstream Systems of the
Midwest, Windstream Nebraska, One Verizon Way,
Sprint Spectrum, Sprint Comm., AT&T Comm. of
Midwest, Nextel, Alltel, Alltel Communications
of Nebraska, D&D. (PLACED ON FILE)
6) Report from City Treasurer of Emergency 911 Tax
for the month of January, 2008 from AT&T Comm.
of Midwest and Budget Phone. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Grandstand LLC dba The Element
for a Class I liquor license at 5601 South
56th Street, Suite 21. (ADOPTED FOR APPROVAL,7-0;
A-84767)
9) Manager application of Christy L. White for
Grandstand LLC dba The Element at 5601 South
56th Street, Suite 21. (ADOPTED FOR APPROVAL,
7-0; A-84768)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 14 HAD 2ND READING; SEE ITEMS 10, 11, & 12)
10) 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) (3/3/08 - PH & Action Con't.
to 3/10/08) (ADOPTED, 7-0; A-84769)
Fact Sheet (77K)
Attachment (275K)
11) 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) (3/3/08 - PH &
Action Con't. to 3/10/08) (ADOPTED, 7-0; A-84770)
Fact Sheet (87K)
Attachment (29K)
12) 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) (3/3/08 - PH & Action
Con't. to 3/10/08) (PASSED, 7-0; #19058)
Fact Sheet (97K)
13) 08-21 Creating Alley Paving District No. 364 in the
alley from D Street to F Street, between 33rd
Street and 34th Street, and assessing the costs
thereof against the benefitted property.
Fact Sheet (58K)
Attachment (973K)
14) 08-22 Approving a lease agreement between B&J Partnership
Ltd. and the City of Lincoln for office space at
850 Q Street for a period of March 1, 2008 through
February 29, 2012.
Fact Sheet (165K)
Attachment (608K)
Motion To Amend 1 (1199K)
PUBLIC HEARING - RESOLUTIONS
15) 08R-51 Approving the City of Lincoln Redevelopment
Agreement (Sawmill Project) between the City and
Sawmill Building Partnership for the redevelopment
of an existing building generally located at 8th
and S Streets into approximately 21,000 square feet
of office/retail use (Redevelopment Improvements);
and the removal and relocation of sanitary sewer
and LES electrical lines and the construction of
sidewalks, street curb modes, driving isle and
streetscape improvements in proposed vacated S
Street.(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84771)
Attachment (2161K)
Motion To Amend 1 (10489K)
16) 08R-66 Comprehensive Plan Conformance 08001 - Adopting
the South 19th Street Redevelopment Plan on
property generally bounded by South 18th Street
on the west, South 19th Street on the east,
including lots on the east side and abutting
South 19th Street, by Washington Street on the
north and Garfield Street on the south.
(DELAYED FOR ONE WEEK W/PUBLIC HEARING &
ACTION ON 3/17/08, 7-0)
Attachment (3714K)
17) 08R-67 Approving appropriations in the amount of
$34,610 from the operation of Keno Lottery Funds
for various human services.(ADOPTED, 7-0; A-84772)
Attachment (44K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 25 HAD 1ST READING)
18) 08-24 Amending Section 9.36.100 of the Lincoln Municipal
Code relating to Unlawful Possession of Firearms,
to amend subsection (a)listing the offenses for
which a conviction within the last ten years
prohibits a person from possessing a firearm to
include the offense of "criminal attempt" when
the crime attempted is a felony or violation of
any of the Nebraska State Statute misdemeanors
listed in Section 9.36.100(a).
Fact Sheet (23K)
19) 08-26 Change of Zone 3312 - Application of Ridge
Development Company for a change of zone from
R-3 Residential District to B-2 Planned Neighborhood
Business District on property generally located at
N. 14th Street and Fletcher Ave. (Related Items
08-26, 08R-71) (Action Date: 3/24/08)
Fact Sheet (563K)
20) 08R-71 Use Permit 135 - Application of Ridge Development
to develop approximately 198,825 sq. ft. of retail
floor area, with waivers to reduce the front yard
setbacks and internal yard setbacks, on property
generally located at N. 14th Street and Fletcher
Ave. (Related Items 08-26, 08R-71) (Action Date:
3/24/08)
Fact Sheet (799K)
21) 08R-74 Approving the 14th and Alvo Road Conditional
Annexation and Zoning Agreement between
Lancaster County School District 001 and the
City of Lincoln relating to the annexation of
approximately 40 acres of property generally
located southwest of N. 14th Street and Alvo
Road.. (Related Items: 08R-74, 08-27, 08-28)
(Action Date: 3/24/08)
Attachment (125K)
22) 08-27 Annexation 07004 - Amending the Lincoln Corporate
Limits Map by annexing approximately 40 acres of
property generally located southwest of N. 14th
Street and Alvo Road. (Related Items: 08R-74,
08-27, 08-28) (Action Date:3/24/08)
Fact Sheet (963K)
Attachment (72K)
23) 08-28 Change of Zone 07062 - Application of Lincoln Public
Schools for a change of zone from AG Agricultural
District to R-3 esidential District, on property
generally located southwest of N. 14th Street and
Alvo Road. (Related Items: 08R-74, 08-27, 08-28)
(Action Date: 3/24/08)
Fact Sheet (994K)
24) 08-29 Change of Zone 08007 - Application of Murray and
Laurie Dunn for a change of zone from AGR Agricultural
Residential District to R-3 Residential District on
property generally located at 6610 S. 84th Street.
Fact Sheet (201K)
25) 08-30 Change of Zone 08006 - Amending Section 27.45.020 of
the Lincoln Municipal Code to add churches as a
permitted use in the H-4 General Commercial District.
Fact Sheet (47K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 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) (2/25/08 - To have P.H. 3/3/08 w/Action 3/10/08)
(PASSED, 7-0; #19049)
Fact Sheet (638K)
27) 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.(PASSED, 7-0; #19050)
Fact Sheet (141K)
28) 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)(PSSED, 7-0; #19051)
Fact Sheet (901K)
29) 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)
(ADOPTED, 7-0; A-84773)
Attachment (262K)
30) 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)
(PASSED, 7-0; #19052)
Fact Sheet (902K)
Attachment (37K)
31) 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)
(PASSED, 7-0; #19053)
Fact Sheet (823K)
32) 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.
(PASSED, 7-0; #19054)
Fact Sheet (70K)
33) 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. (PASSED, 7-0; #19055)
Fact Sheet (938K)
34) 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.(PASSED, 7-0; #19056)
Fact Sheet (696K)
35) 08-20 Adopting the supplements to the Lincoln Municipal Code
dated June, 2007 and December, 2007 as part of the
official Lincoln Municipal Code.
PASSED, 7-0; #19057)
Fact Sheet (18K)
36) 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.
(3/3/08 - Carried over to 3/10/08 due to tie vote)
(AMENDED #6, 4-3; CAMP, ESCHLIMAN, SVOBODA DISSENTING;
LOST AS AMENDED, 3-4; COOK, EMERY, MARVIN ASSENTING; #38-4564)
Fact Sheet (21K)
PENDING LIST - DATE CERTAIN
37) 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. (3/3/08 - Claim of Christina Collins
placed on Pending for 2 weeks w/con't. P.H. on
3/17/08)
Fact Sheet (13K)
Attachment (18K)
38) 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.
(2/25/08 - Placed on Indefinite Pending) (3/3/08 -
Removed from Pending to have P.H. on 3/17/08)
Fact Sheet (61K)
Attachment (709K)
39) 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)
(3/3/08 - P.H. con't. 4 weeks to 3/31/08)
Fact Sheet (847K)
40) 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) (3/3/08 - P.H. con't.
4 weeks to 3/31/08)
Fact Sheet (1054K)
PENDING LIST (EXTENDED ONE WEEK;(See Item #47)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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) (Request to Withdraw)
(REMOVED FROM PENDING AND WITHDRAWN, 7-0; #38-4565)
Fact Sheet (399K)
48) 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 17, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
49) 08R-68 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 16 -
29, 2008.
Fact Sheet (13K)
Attachment (18K)
50) 08R-69 Amending an Interlocal Agreement between the City
and the Railroad Transportation Safety District for
the S.W. 40th Street/BNSF Overpass project (City
Project No. 700132) to remove the three year
agreement termination clause.
Fact Sheet (48K)
Attachment (8K)
51) 08R-70 Approving a one year/200 hour lease with option
to renew for three one-year periods between the
City and Platte Valley Equipment Company to provide
a mechanical front wheel assisted tractor to apply
biosolids generated at the Northeast Wastewater
Treatment Facility.
Fact Sheet (68K)
52) 08R-72 Special Permit 08004 - Appeal of Land Construction,
Inc. to the conditional approval allowing mining/
extraction of soil on Agricultural zoned property
generally located southwest of the intersection
of N. 40th Street and Waverly Road.
Fact Sheet (796K)
Motion To Amend 1 (6K)
53) 08R-73 Waiver 07009 - Application of Gerald Spahn to
waive street paving for Q Street, sidewalks for
Q Street and N. 36th Street, and street trees
for Q Street and N. 36th Street, associated with
an administrative final plat.
Fact Sheet (361K)
54) 08R-75 Appointing Jose Quintero to the Lincoln
Commission on Human Rights for a three-year term
expiring December 31, 2010.
Attachment (24K)
55) 08R-76 Comp. Plan Amendment 08001 - Amending the 2030
Lincoln City/Lancaster County Comprehensive Plan
to adopt the Wastewater Facilities Master Plan.
Fact Sheet (554K)
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
(3/26/08) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING
AN OPEN MICROPHONE SESSION WHICH IS 3/31/08.
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
MARCH ARE THE 10TH AND THE 31ST.
ADJOURNMENT 7:05 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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