City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 17, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE PRESENTED TO DEMON WIMES, ANIMAL CONTROL
OFFICER WITH THE HEALTH DEPARTMENT, NOMINATED IN THE CATEGORIES OF VALOR AND
CUSTOMER RELATIONS.
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-75 Appointing Jose Quintero to the Lincoln Commission
on Human Rights for a three-year term expiring
December 31, 2010. (ADOPTED, 7-0; A-84774)
Attachment (24K)
2) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended January 31,
2008. (ADOPTED, 7-0; A-84775)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 3, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, March 24,
2008 at 1:30 p.m. for the Manager Application of
Matthew Prusa for Whitehead Oil Co. dba U-Stop
Convenience Shop located at 924 S. 27th Street.
(ADOPTED, 7-0; A-84776)
5) Setting the hearing date of Monday, March 24,
2008 at 1:30 p.m. for the Application of
Kabredlo's, Inc. dba Kabredlo's #104 for a Class
D liquor license located at 2500 NW 12th Street.
(ADOPTED, 7-0; A-84777)
6) Setting the hearing date of Monday, March 24,
2008 at 1:30 p.m. for the Application of
Whitehead Inc. dba U-Stop Convenience Shop for a
Class D liquor license located at 110 West O
Street. (ADOPTED, 7-0; A-84778)
7) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 08010 - App. of Hub
Hall Real Estate, Inc., Hub Hall Commercial
Center Planned Unit Development, for a change of
zone from R-3 Residential District to B-2
Planned Neighborhood Business District PUD on
property generally located at NW 48th St. and
West Holdrege St. for a Planned Unit Development
District designation of said property; and for
approval of a development plan which proposes a
waiver of the required preliminary plat process
to develop a commercial center in the underlying
R-3 zoned area.
Special Permit No. 08017 - App. of
LeGrande Excavating, Inc. for extraction of soil
on property generally located at N. 56th St.
(Highway 77) and Bluff Road. The Planning
Commission action is final action, unless
appealed to the City Council.
Use Permit No. 137A - App. of Olsson
Associates for an amendment to waive the front
yard setback and to adjust the site layout on
property located at 1600 Normandy Court.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Manager application of Amanda Percival for
Metro Diversified Inc. dba The Office Gentlemen's
Club at 640 W. Prospector Court, Suite 200.
(ADOPTED FOR APPROVAL, 5-2; COOK, ESCHLIMAN
DISSENTING; A-84779)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10
THRU 17 HAD 2ND READING, SEE ITEMS 11 & 12)
10) 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)
11) 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)
(CON'T P.H. W/ACTION ON 4/7/08, 5-2; CAMP,
SVOBODA DISSENTING)
Fact Sheet (563K)
12) 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)
(CON'T P.H. W/ACTION ON 4/7/08, 5-2; CAMP,
SVOBODA DISSENTING)
Fact Sheet (799K)
13) 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)
14) 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)
15) 08-28 Change of Zone 07062 - Application of Lincoln
Public Schools for a change of zone from AG
Agricultural District to R-3 Residential 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)
16) 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)
17) 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)
PUBLIC HEARING - RESOLUTIONS
18) 08R-62C 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) (LOST, 3-4; COOK, ESCHLIMAN,
MARVIN ASSENTING; RECONSIDERED, 7-0; ADOPTED, 6-1;
ESCHLIMAN DISSENTING; A-84780)
Fact Sheet (13K)
Attachment (18K)
19) 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. (LOST, 1-6; SPATZ ASSENTING; #38-4566)
Fact Sheet (361K)
20) 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)
(ADOPTED, 7-0; A-84781)
Fact Sheet (61K)
Attachment (709K)
21) 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.
(3/10/08 - P.H. & Action con't. 1 week to
3/17/08) (ADOPTED, 7-0; A-84782)
Attachment (3714K)
22) 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. (ADOPTED, 7-0; A-84783)
Fact Sheet (13K)
Attachment (18K)
23) 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.
(ADOPTED, 7-0; A-84784)
Fact Sheet (48K)
Attachment (8K)
24) 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.
(ADOPTED, 7-0; A-84785)
Fact Sheet (68K)
25) 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. (MTA #1A, ADOPTED, 7-0; MTA #1B,
ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0; A-84786)
Fact Sheet (796K)
Motion To Amend 1 (6K)
26) 08R-76 Comp. Plan Amendment 08001 - Amending the 2030
Lincoln City/Lancaster County Comprehensive Plan
to adopt the Wastewater Facilities Master Plan.
(AMENDED, 4-3; CAMP, ESCHLIMAN, SVOBODA DISSENTING;
ADOPTED AS AMENDED, 7-0; A-84787)
Fact Sheet (554K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 27
HAD 1ST READING)
27) 08-23 Authorizing the City of Lincoln, Nebraska
to enter into a lease-purchase transaction
with Union Bank & Trust Company, Lincoln,
Nebraska in an amount not to exceed
$7,500,000 for the acquisition of street
lighting equipment and the construction of
park improvements in connection with the
Antelope Valley Project.
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 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. (LOST, 1-6; EMERY
ASSENTING; #38-4567)
Fact Sheet (58K)
Attachment (973K)
29) 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. (ACCEPTED THE SUBSTITUTE AGREEMENT,
7-0; PASSED AS AMENDED, 7-0; #19059)
Fact Sheet (165K)
Attachment (608K)
Motion To Amend 1 (1199K)
PENDING LIST - DATE CERTAIN
30) 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) (Action Date:
4/7/08)
Fact Sheet (847K)
31) 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) (Action Date:
4/7/08)
Fact Sheet (1054K)
PENDING LIST (EXTENDED ONE WEEK)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
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) (2/11/08 -
Placed on Pending Indefinitely)
Fact Sheet (1803K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 24, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
39) 08R-77 Approving a four-year contract for service, with
option for renewal, between the City and the
Capital Humane Society to provide animal shelter
in conjunction with the Animal Control Division
of the Lincoln/Lancaster County Health
Department.
Fact Sheet (82K)
Attachment (413K)
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 5:39 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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