City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 12, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
MAY 26TH DUE TO THE MEMORIAL DAY HOLIDAY
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) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for April 2008. (PLACED ON FILE)
2) Clerk's Letter and Mayor's approval of Resolutions
and Ordinances passed by City Council on April 28,
2008. (PLACED ON FILE)
3) Report from City Treasurer of franchise tax for
the month of March, 2008 from Aquila. (PLACED ON FILE)
4) Report from the City Treasurer of Franchise Tax
from Time Warner Cable for the Quarter ending
March 31, 2008. (PLACED ON FILE)
5) Report from City Treasurer of E911 surcharge for
1st Quarter 2008: Windstream Communications, Inc.;
March 2008: ACN Comm. Services, AT&T Comm of
Midwest, Budget Prepay, Comtel Telcom Assets, Level 3
Comm, Qwest Comm, TWC Digital Phone. (PLACED ON FILE)
6) Report from City Treasurer of Telecommunications
Occupation Tax for 1st Quarter 2008: AmeriVision,
Assoc. Administrators, Comtech 21, Digizip, MegaPath,
NECC Telecom, OPEX Comm., Telenational, Viaero Wireless;
January 2008: Andiamo Telecom; February 2008: ACN Comm.,
Advanced Tel, Andiamo Telecom, Broadband Dynamics, Broadwing,
Business Prod. Solutions, CIMCO, Cincinnati Bell, Cricket,
Earthlink, Global Crossing, Globalstar USA, GTC Telecom,
Guaranteed Phone Service, IBM Global, Intellicall, KDDI
America, LDMI, McLeod USA, Nebraska Technology & Telecom.,
New Cingular Wireless, New Eagle Network, OnStar, Primus,
Quantum Shift, Qwest, Telecorp, Flying J, TracFone, Trans
National, TWC Digital Phone, UCN, USCOC of Greater Iowa,
USCOC of Nebraska/Kansas, Verizon-Bell Atlantic, Virgin
Mobile USA, VoiceCom, Wholesale Carrier Services, Working
Assets Funding Service, XO Communications; March 2008:
360networks, 800 Response, Acceris, Alltell, Alltel
Communications of NE, AT&T Comm. of Midwest, ATS Mobile
Telephone, BT Americas, Business Telecom, CA Affinity,
Covista, D&D Comm, Enhanced Comm. Group, Enhanced Comm.
Network, First Comm., Globalcom, GTC Telecom, Lightyear,
Network Billing Systems, Nextel, NOS Comm., NOSVA, SBC Long
Distance, Sprint, Sprint Spectrum, TCG Omaha, Tri-M, Unite
Private Networks, Verizon, Zone Telecom. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of May 19, 2008 at 1:30 p.m.
for the application of Magnolia Restaurant, Inc. to
expand its licensed premises by the addition of an
L-shaped sidewalk cafe‚ approximately 11 feet by
60 feet located at 301 N. 8th Street.
(ADOPTED, 6-0; A-84850)
8) Setting the hearing date of May 19, 2008 at 1:30
p.m. for the application of Aqua Matic Inc. dba
Roc's Stop & Shop for a Class D liquor license
at 2700 South Street. (ADOPTED, 6-0; A-84851)
9) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 08018 - App. of Gamma Phi Beta
House Corp., from O-2 Suburban Office District to R-7
Residential District and from O-2 Suburban Office District
to P Public Use District on property generally located at
N. 16th Street and R Street.
Change of Zone No. 08019 - App. of Robert Rokeby,
Victoria Rokeby and Larry Schmieding, from R-3 Residential
District to H-3 Highway Commercial District on property
generally located at N. 35th Street and Superior Street.
Change of Zone No. 08020 - App. of Olsson Associates,
from R-4 Residential District to I-1 Industrial District
on property generally located at N. 56th Street and
Ballard Avenue.
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of Swig LLC dba 9 South Chargrill
for a Class IK liquor license at 844 South Street.
(ADOPTED FOR APPROVAL, 6-0; A-84852)
12) Manager application of Linsi A. Peterson for
Swig LLC dba 9 South Chargrill at 844 South Street.
(ADOPTED FOR APPROVAL, 6-0; A-84853)
13) Application of Hy-Vee Inc. dba Hy-Vee #2 Gas #1386
for a Class C liquor license at 1515 N. 84th Street.
(ADOPTED FOR APPROVAL, 6-0; A-84854)
14) Manager application of Matthew T. Ludwig for Hy-Vee
Inc. dba Hy-Vee #2 Gas #1386 at 1515 N. 84th Street.
(ADOPTED FOR APPROVAL, 6-0; A-84855)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15
THRU 19 HAD 2ND READING)
15) 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)
16) 08-54 Approving the Platte River Well Field Farm Lease
between the City (Owner) and Dennis M. Thomas (Tenant)
for the lease of approximately 240 acres around the
City of Lincoln Ashland Wellhead Water Operations in
Ashland, Nebraska for a one-year term from June 1,
2008 through May 31, 2009.
Fact Sheet (56K)
Attachment (360K)
17) 08-55 Comp. Plan Conformity 08005 - Declaring approximately
19.37 acres of property generally located at N. 56th
Street and Bluff Road as surplus and authorizing the
sale thereof to the Nebraska Game and Parks
Commission.
Fact Sheet (189K)
18) 08-56 Change of Zone 08015 - Application of the University
of Nebraska Foundation for a change of zone from I-2
Industrial Park District to O-3 Office Park District
on property generally located at N.W. 7th Street
and Highland Blvd. (Related Items: 08-56, 08-57)
Fact Sheet (248K)
19) 08-57 Change of Zone 2938C - Application of the University
of Nebraska Foundation to expand the area of the
University of Nebraska Technology Park Special Sign
District by approximately 12 acres on property
generally located at N.W. 1st Street and W. Highland
Blvd. (Related Items: 08-56, 08-57)
Fact Sheet (421K)
PUBLIC HEARING - RESOLUTIONS
20) 08R-106 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 16 -
30, 2008. (ADOPTED, 6-0; A-84856)
Fact Sheet (13K)
Attachment (19K)
21) 08R-103 To provide authority to assess property owners
for the cost of snow and ice removal by the City
from sidewalks adjacent to their property during
the winter season of 2007-2008. (AMENDED, 4-2;
EMERY, SVOBODA DISSENTING; ADOPTED AS AMENDED,
6-0; A-84857)
Fact Sheet (57K)
22) 08R-104 Approving a Redevelopment Agreement between the
City and Capitol Cold LLC relating to the
construction of storage buildings for commercial
use within the West O Street Redevelopment Plan
for public improvements including landscaping
and new sidewalks abutting the project area
generally located at 301 S.W. 32nd Street.
(ACTION DELAYED FOR ONE WEEK TO 5/19/08, 4-2;
SPATZ, SVOBODA DISSENTING)
Fact Sheet (83K)
Attachment (44K)
23) 08R-105 Use Permit 05005A - Application of Gregg
Trautman to reduce a portion of the front yard
setback from 25 feet to 15 feet to accommodate a
sign on property generally located 1/2 block
south of S. 37th and O Streets. (ADOPTED, 6-0;
A-84858)
Fact Sheet (260K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24
THRU 26 HAD 1ST READING)
24) 08-58 Authorizing the issuance of not to exceed
$625,000 of general obligation tax
anticipation notes to the City of Lincoln.
(Related Items: 08-58, 08R-107)
(Request 2nd, 3rd Readings on 5/19/08)
25) 08R-107 Approving a Pledge Agreement between the City of
Lincoln and the UNF Charitable Gift Fund to
provide funding to the City for preliminary
design, engineering and feasibility studies
related to the Arena project and related
amenities. (Related Items: 08-58, 08R-107)
Attachment (350K)
26) 08-59 Accepting Willow Springs Homeowners Association's
offer to dedicate the right-of-way for Lucile
Drive at Pioneers Blvd.
Attachment (97K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 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.
(PASSED, 6-0; #19085)
Fact Sheet (70K)
Attachment (80K)
28) 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. (PASSED, 6-0; #19086)
Fact Sheet (342K)
29) 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. (PASSED, 6-0;
#19084)
Fact Sheet (68K)
Attachment (1032K)
PENDING LIST - DATE CERTAIN
30) 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) (4/28/08 - Con't. P.H.
w/Action to 5/19/08)
Fact Sheet (862K)
Motion To Amend 1 (6K)
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
34) 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 19, 2008, AT 1:30 P.M.
(APPROVED, 6-0)
35) 08R-109 Authorizing the Mayor and Finance Director to
appropriate City funds for the multi-year Joint
Antelope Valley Project No. 780110, Antelope
Valley J Street Bridge.
Fact Sheet (61K)
36) 08R-110 Approving a four-year contract between the City
and VonBusch and Sons Refuse to collect
recyclables deposited at the City sponsored
recycling drop-off sites in the City and County
and transport them to a material recovery
facility.
Fact Sheet (64K)
Attachment (704K)
37) 08R-111 Resolution approving and adopting a proposed
amendment to the Lincoln Center Redevelopment
Plan for the establishment of Phase V of the
12th Street Revitalization Area (Gallup
Redevelopment Project) at N. 11th and P Street.
Fact Sheet (2438K)
Attachment (875K)
38) 08R-112 Appointing Michelle Penn to the Urban Design
Committee for a three-year term expiring
February 1, 2011.
Attachment (26K)
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 (5/7/08) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH
IS 5/12/08.
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. THERE WILL ONLY BE ONE
OPEN MICROPHONE SESSION DURING THE MONTH OF MAY WHICH IS
MAY 12TH AT THE 5:30 PM. MEETING.
ADJOURNMENT 8:47 P.M.
ANNOUNCEMENTS:
Council Meeting Date and Start times for May:
May 5, 2008 - 1:30 p.m. May 12, 2008 - 5:30 p.m.
May 19, 2008 - 1:30 p.m.
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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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