City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 28, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT COOK WHO ARRIVED AT 5:36 P.M.
BOARD OF EQUALIZATION - N 27TH ST BMID (APPROVED, 6-0; COOK ABSENT)
BOARD OF EQUALIZATION - UNIVERSITY PLACE BMID (APPROVED, 6-0; COOK ABSENT)
REGULAR CITY COUNCIL MEETING BEGINS
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) Setting the hearing date of Monday, May
12, 2008, at 5:30 p.m. on the report of
Public Works/Sidewalk Services for snow and
ice removal assessments for the 2007-2008
Winter Season against the various
properties in said report.
(APPROVED, 7-0)
2) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
April 14, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPT.:
Change of Zone 08016 - requested
by Mark Hunzeker, for an amendment to
Chapter 27.63.170 of the Lincoln
Municipal Code, allowing the Planning
Commission to adjust yard requirements
for parking lots required by Special
Permit.
Special Permit 08018 - requested
by Mark Hunzeker, for a parking lot in
a residential zoning district , to
allow for parking in required yards and
to waive the requirement of a 15 foot
site penetration on property legally
described as Lots 1 and 2, Block 6,
Houtz Addition, located in the SW 1/4
of Section 25-10-6, Lancaster County,
Nebraska, generally located at S. 21st
Street and F Street.
Special Permit 08020 -,
requested by Dan Lehr, to allow a
salvage operation, on property legally
described as Lots 46 and 55 I.T.,
located in the NE 1/4 of Section 3-10-
7, Lancaster County, Nebraska,
generally located at Fletcher Avenue
and Highway 6
4) Setting the Hearing Date of Monday, May
12, 2008 at 5:30 p.m. for the
Application of Hy-Vee Inc. dba Hy-Vee
#2 Gas #1386 for a Class D liquor
license located at 1515 N. 84th Street.
(ADOPTED, 7-0; A-84830A)
5) Setting the Hearing Date of Monday, May
12, 2008 at 5:30 p.m. for the
Application of Swig LLC dba 9 South
Chargrill for a Class IK liquor license
located at 844 South Street.
(ADOPTED 7-0; A-84831)
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. (4/21/08
- Con't P.H. w/Action on 4/28/08)
(ADOPTED FOR APPROVAL, 7-0; A-84832)
8) Application of Rett A. Bellamy dba
Sidewinders for a Class C liquor
license at 1644 O Street.
(ADOPTED FOR DENIAL, 7-0; A-84833)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 16 HAD 2ND READING)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
PUBLIC HEARING - RESOLUTIONS
17) 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)(CON'T. PUBLIC HEARING W/ACTION
TO 5/19/08, 7-0)
Fact Sheet (862K)
Motion To Amend 1 (6K)
18) 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. (ADOPTED, 7-0; A-84834)
Fact Sheet (13K)
Attachment (18K)
19) 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.
(ADOPTED, 7-0; A-84835)
Fact Sheet (60K)
Attachment (697K)
20) 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.
(ADOPTED, 7-0; A-84836)
Fact Sheet (78K)
Attachment (557K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 21 THRU 23 HAD 1ST READING)
21) 08-51 Approving a lease agreement
between the City and Scott & Cindy
Jensen for the lease of office
space by the Lincoln Area Agency
on Aging for its Lincoln
Information for the Elderly (LIFE)
Program at 320 N. State Street,
Osceola, Nebraska.
Fact Sheet (70K)
Attachment (80K)
22) 08-52 Change of Zone 08011 - Application
of the Cedars Home for Children
for a change of zone from R-1
Residential District to R-1
Residential PUD on property
generally located at S. 66th
Street and Pioneers Blvd. to
permit a nonprofit religious,
educational and philanthropic
institution with domestic shelter,
children's home and administrative
office in the R-1 zoning district.
Fact Sheet (342K)
23) 08-53 Approving a lease agreement
between the City and The 3 Amigos
Properties for a lease of space
for a three-year term for use by
the Lincoln Police Department.
Fact Sheet (68K)
Attachment (1032K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 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)
(AMENDED #1, 7-0; AMENDED #3, 7-0;
AMENDED #5, 7-0; ADOPTED AS AMENDED,
7-0; #19075)
Motion To Amend 1 (7K)
PENDING LIST - DATE CERTAIN
25) 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; SEE ITEMS 26, 27, & 28)
26) 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)(WITHDRAWN, 7-0; #38-4570)
Fact Sheet (3K)
27) 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)(REMOVED & SENT
BACK TO PLANNING COMMISSION, 7-0)
Fact Sheet (676K)
28) 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)(REMOVED & SENT BACK TO
PLANNING COMMISSION, 7-0)
Fact Sheet (676K)
Attachment (394K)
29) 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)
30) 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)
31) 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)
32) 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, MAY 5, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
33) 08R-97 Comp. Plan Conformance No. 08003 -
Amending the Antelope Valley
Redevelopment Plan to add a mixed-use,
retail, office and banquet hall project
with adjacent parking lot on property
generally located between S. 19th
Street and S. 20th Street between K and
L Streets.
Fact Sheet (326K)
Attachment (749K)
34) 08R-98 Approving a Resolution authorizing the
Mayor to execute and file applications
on behalf of the City of Lincoln with
the Federal Transit Administration for
Federal transportation assistance.
Fact Sheet (69K)
35) 08R-99 Amending the FY 2007/08 to 2012/13 Six
Year Capital Improvement Program (CIP)
to designate funding in the first year
(2007/2008) of the CIP, identify
funding sources, establish a project
for the West O Historic Highway
Project, and establish appropriations
for that project.
Fact Sheet (73K)
36) 08R-100 Approving an Agreement for entering
into a contract between the City and
the Nebraska Department of Roads for
the West O Historic Highway Project for
improvements located on a four-block
segment of West O Street between 3rd
Street and the Salt Creek Bridge.
Fact Sheet (80K)
Attachment (531K)
37) 08R-101 Amending the FY 2007/08 to 2012/13 Six
Year Capital Improvement Program to
establish the Boosalis Trail Project-
Phase I for a 10 foot wide concrete
trail from 20th to 27th Street along
Highway 2 and to identify the funding
source for that project.
Fact Sheet (109K)
38) 08R-102 Approving an Agreement between the City
and the Lincoln Chamber Economic
Development Corp. (LCEDC) for the
promotion of economic development in
Lincoln for a four year term commencing
September 1, 2007 through August 31,
2011.
Fact Sheet (8K)
Attachment (496K)
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 8:57 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.
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The City Council Agenda and Action Sheet may be
accessed on the Internet at:
lincoln.ne.gov
***