City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 21, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MARCH IS A TEAM FROM
PUBLIC WORKS & UTILITIES/WASTEWATER DIVISION: STEVE GROESSER, JIM STOLLEY
AND TIM WATTS FOR THE CATEGORIES OF PRODUCTIVITY AND SAFETY.
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-90 Reappointing Larry M. Brown and Keith E.
Fickenscher to the Veterans Memorial Garden
Advisory Council for three-year terms expiring
November 1, 2010. (ADOPTED, 7-0; A-84822)
2) 08R-91 Appointing Emily Casper to the Community
Forestry Advisory Board to fill an unexpired
term expiring August 17, 2008.(ADOPTED, 7-0; A-84823)
3) Report from City Treasurer of City Cash on hand
at the close of business March 31, 2008.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the Hearing date of Monday, May 5, 2008
at 1:30 p.m. for the Application of Box Awesome
LLC dba Box Awesome for an addition to premise a
basement area approximately 130 ft. x 25 ft.
located at 815 O Street. (ADOPTED, 7-0; A-84824)
5) Setting the Hearing date of Monday, May 5, 2008
at 1:30 p.m. for the Application of Alley, Inc.
dba The Alley for an addition of an L-shaped
beer garden 23 ft. x 14 ft. to the northeast
side of their currently licensed premises
located at 1029 - 1031 M Street.(ADOPTED,
7-0; A-84825)
6) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Manager application of Monte Froehlich for Old
Federal Place Limited Liability Company dba The
Grand Manse at 129 North 10th Street.(DELAYED
ONE WEEK W/CONTINUED PUBLIC HEARING ON 4/28/08, 7-0)
8) Application of Luedtke-Thorson Investments Inc.
dba Suite 1 Pub & Pizza for a Class C liquor
license at 311 N. 8th Street.(ADOPTED FOR
APPROVAL, 7-0; A-84826)
9) Manager application of Scott L. Thorson for
Luedtke-Thorson Investments Inc. dba Suite 1 Pub
& Pizza at 311 N. 8th Street. (ADOPTED FOR APPROVAL,
7-0; A-84827)
10) Application of U.R. Rockin, Inc. dba The Rock of
Lincoln for a Class C liquor license at 2137
Cornhusker Highway.(ADOPTED FOR APPROVAL, 7-0;
A-84828)
11) Manager application of Ronald Tegtmeier for U.R.
Rockin, Inc. dba The Rock of Lincoln at 2137
Cornhusker Highway. (ADOPTED FOR APPROVAL, 7-0;
A-84829)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 12 HAD 2ND READING)
12) 08-37 Amending Chapter 2.54 of the Lincoln
Municipal Code relating to conflicts of
interest of officers and employees to
declare the policy of the Chapter; to
revise the definition of immediate family;
to adopt standards for ethical conduct of
officers and employees, including general
principals relating to financial interests,
use of information, status, or property for
private gain, and contracting with the
City; to require candidates for office to
disclose existing or pending contractual
relationships with the City; to declare
interests in contracts by revising
language, posting of information on
websites, to require additional information
on disclosures, to extend bid deadlines,
and to require Council approval of such
contracts. (3/31/08 - Con't on 1st
Reading; to have P.H. 4/14/08) (4/7/08 -
Con't. 1st Reading to 4/14/08)
Motion To Amend 1 (7K)
PUBLIC HEARING - RESOLUTIONS
13) 08R-92 Approving an Agreement between the City, County
and Bryan LGH Medical Center to obtain
discounted fees and extended terms for Blood
borne Pathogens testing and discounted fees and
extended terms for the treatment of Workers
Compensation injuries and illnesses for a four
year term from January 1, 2008 through
December 31, 2011. (ADOPTED, 7-0; A-84830)
Fact Sheet (86K)
Attachment (295K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 THRU 21 HAD 1ST READING)
14) 08-42 Creating and ordering constructed Sewer
District No. 1183 for an 8-inch diameter
sanitary sewer along the south side of L
Street from Christensen Court to the east
approximately 170 feet and assessing the
cost thereof against the benefitted
properties.
Fact Sheet (60K)
Attachment (881K)
15) 08-44 Repealing Ordinance No. 18907 creating
Alley Re-paving District No. 48, in the
east/west alley, between 17th to 18th
Streets, O to P Streets due to the lack of
majority petition.
Fact Sheet (60K)
16) 08-45 Miscellaneous 05004 - Application of Christ
Lutheran Church to vacate portions of Woods
Brothers Bryan Sumner Acres and adjacent
public right-of-way, generally located at
43rd and Sumner Streets.
Fact Sheet (182K)
17) 08-46 Change of Zone 08012HP - Application of
Nebraska State Historical Society
Foundation to designate the Lewis-Syford
House at 700 North 16th Street as a
historic landmark.
Fact Sheet (1211K)
Attachment (412K)
18) 08-47 Change of Zone 08013HP - Application of
Sigma Chi Building Association to designate
the Sigma Chi Fraternity House at 1510 Vine
Street as a historic landmark.
Fact Sheet (722K)
Attachment (417K)
19) 08-48 Change of Zone 08014HP - Application of
Nebraska Alpha Alumni Association to
designate the Phi Kappa Psi Fraternity
House at 1548 S Street as a historic
landmark.
Fact Sheet (811K)
Attachment (560K)
20) 08-49 Change of Zone 2751B - Application of SFI
Partnership to amend the sign regulations
for the commercial portion of Van Dorn
Acres Planned Unit Development to allow an
additional ground sign and a free-standing
menu board on property generally located at
S. 84th Street and Van Dorn Street.
Fact Sheet (339K)
21) 08-50 Change of Zone 08010 - Application of Hub
Hall Real Estate for a change of zone from
R-3 Residential District to B-2 Planned
Neighborhood Business District PUD to
develop up to 70,000 square feet of
commercial floor area on property generally
located at N.W. 48th Street and W. Holdrege
Street.
Fact Sheet (980K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 08-38 Annexation No. 08002 - Amending the Lincoln
Corporate Limits Map by annexing approximately 64
acres of property generally located at Cornhusker
Highway and Fletcher Avenue. (PASSED, 7-0; #19071)
Fact Sheet (406K)
Attachment (59K)
23) 08-39 Miscellaneous No. 08004 - Amending Title 26
of the Lincoln Municipal Code relating to
subdivisions by amending Section 26.11.060
to modify when an application for a final
plat shall automatically expire and become
null and void; amending Section 26.15.020
to delete the requirement that an aerial
photograph from the Lancaster County soil
survey maps designating soil types and an
explanation on how (1) the engineering
properties, and (2) the physical chemical
and water properties of the soil will
affect the proposed development to be
included with the preliminary plat and
further deleting the requirement for a
certification from a geotechnical engineer
that the soil data supplied is still
appropriate if the grading plan shows more
than a five-foot cut on a significant part
of the area or a large number of basements
are anticipated.(PASSED, 7-0; #19072)
Fact Sheet (52K)
24) 08-40 Approving the sale of City owned properties
located at 1747, 1801, 1803, and 1807 North
24th Street and 429 B Street to NeighborWorks-
Lincoln and Affordable Housing Initiative.
(PASSED, 7-0; #19073)
Fact Sheet (82K)
25) 08-41 Approving a lease agreement between the
City and Slick Graphix for the lease of
space by the Lincoln Area Agency on Aging
for its Lincoln Information for the Elderly
(LIFE) Program at 370 Fifth Street, David
City, Nebraska.(PASSED, 7-0; #19074)
Fact Sheet (72K)
Attachment (98K)
RECONSIDERED
26) 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. (RECONSIDERATION LOST, 3-4;
CAMP, SPATZ, SVOBODA ASSENTING)
27) 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.
(RECONSIDERATION LOST, 3-4; CAMP, SPATZ, SVOBODA ASSENTING)
PENDING LIST - DATE CERTAIN
28) 08R-82 Special Permit 08015 - Application of Roger
Schwisow for authority to allow
mining/extraction of soil of agricultural zoned
property located northwest of the intersection
of N.W. 56th Street and West O Street. (3/31/08
- Con't P.H. w/Action on 4/14/08) (4/14/08 -
Con't P.H. w/Action to 4/28/08)
Fact Sheet (862K)
Motion To Amend 1 (6K)
29) 08-43 Amending Chapter 8.46 of the Lincoln
Municipal Code relating to Weed Abatement
by amending Sections 8.46.010 and 8.46.020
to raise the height of weeds or worthless
vegetation that must be cut from six inches
to twelve inches above the ground; and
repealing Sections 8.46.010 and 8.46.202 as
hitherto existing. (4/14/08 - P.H./2nd
Reading delayed 4 wks. to 5/12/08)
Fact Sheet (21K)
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) 07-58 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)
36) 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, APRIL 28, 2008, AT 5:30 P.M.
(APPROVED, 7-0)
37) 08R-93 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 1 - 15,
2008.
Fact Sheet (13K)
Attachment (18K)
38) 08R-94 Approving a Conservation Easement Agreement
between the City, the Lower Platte South Natural
Resources District and John J. Hollingsworth,
Trustee, for the acquisition of approximately
seven acres in the Beal Slough floodplain south
of London Road and east of 56th Street, to
preserve flood storage capacity of the easement
area.
Fact Sheet (60K)
Attachment (697K)
39) 08R-96 Approving and ratifying the sub-grant award agreement
between the State of Nebraska Emergency Management
Agency and the City of Lincoln for the Fiscal Year
2005 Homeland Security Grant Program for the period
of 10/1/04 to 3/31/07; approving an extension of the
sub-grant award agreement to 3/31/08; and approving
a second extension of the sub-grant award agreement
to 1/31/09.
Fact Sheet (78K)
Attachment (557K)
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
(4/23/08) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING
AN OPEN MICROPHONE SESSION WHICH IS 4/28/08.
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 APRIL ARE THE 14TH AND THE 28TH.
ADJOURNMENT 2:25 P.M.
ANNOUNCEMENTS:
April 2008 City Council Meeting Dates and Times:
April 7 - 1:30 p.m April 14 - 1:30 p.m. (open microphone)
April 21 - 1:30 p.m. April 28 - 5:30 p.m. (open microphone)
***
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.
****
The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov
***