City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 3, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT SVOBODA
Anyone wishing to address an item on the Consent Agenda may do so at this time
-CONSENT AGENDA-
REPORTS OF CITY OFFICERS
1) 08R-55 Reappointing James Hewitt to the Nebraska
Capitol Environs Commission for a three-year
term expiring January 9, 2011. (ADOPTED, 6-0;
A-84748)
2) 08R-56 Appointing Todd Blome to the City Audit Advisory
Board for a one-year term expiring March 1,
2009. (ADOPTED, 6-0; A-84749)
Attachment (28K)
3) 08R-57 Appointing Steve Bowen to the City Audit
Advisory Board for a two-year term expiring
March 1, 2010.(ADOPTED, 6-0; A-84750)
Attachment (37K)
4) 08R-58 Appointing Jim Mastera to the City Audit
Advisory Board for a three-year term expiring
March 1, 2011.(ADOPTED, 6-0; A-84751)
Attachment (26K)
5) 08R-59 Reappointing Scott Sullivan and Michael Eckert
to the Urban Design Committee for a three-year
term expiring February 1, 2011.(ADOPTED,6-0;
A-84752)
6) 08R-61 Appointing Dr. Heidi Stark to the Lincoln-
Lancaster County Board of Health to fill an
unexpired term expiring April 15, 2010.
(ADOPTED,6-0; A-84753)
Attachment (36K)
7) Report from City Treasurer of City Cash on Hand
at the close of business November 30, 2007.
(PLACED ON FILE)
8) Report from City Treasurer of City Cash on Hand
at the close of business December 31, 2007.
(PLACED ON FILE)
9) Report from City Treasurer of City Cash on Hand
at the close of business January 31, 2008.
(PLACED ON FILE)
10) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by Council on February 25, 2008.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
11) THE FOLLOWING HAVE BEEN REFERRD TO THE PLANNING
DEPARTMENT:
Special Permit 08015 - App. of ESP, Inc.
for soil excavation on property located at NW
56th Street & West O Street.
Special Permit 08016 - App. of Mark
Hunzeker and Andrew Loudon for an early
childhood facility for up to 20 children on
property at S. 120th Street and Yankee Hill Road.
12) Setting the Hearing date of Monday, March 17,
2008 at 1:30 p.m. for Manager Application of
Amanda Percival for Metro Diversified, Inc. dba
The Office Gentlemen's Club located at 640 W.
Prospector Court, Suite 200.(ADOPTED, 6-0;
A-84754)
13) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
14) Application of Hy-Vee Inc. dba Hy-Vee 2 for a
change of location of their existing Class C
liquor license from 2343 N. 48th Street to 1601
N. 84th Street. (ADOPTED FOR APPROVAL, 5-1;
EMERY DISSENTING; A-84755)
15) Application of Grata, LLC, dba Grata for the
addition of an area measuring approximately 64
feet by 23 feet to the west and an outside area
measuring approximately 49 feet by 11 feet to
the east of its presently licensed premises at
2755 Jamie Lane, Suite 15.(AMENDED, 6-0; ADOPTED
FOR APPROVAL AS AMENDED, 6-0; A-84756)
16) Application of The Falls LLC dba The Falls for a
Class I liquor license at 5925 Adams Street.
(ADOPTED FOR APPROVAL, 6-0; A-84757)
17) Manager application of Bryan Gilliland for The
Falls LLC dba The Falls at 5925 Adams Street.
(ADOPTED FOR APPROVAL, 6-0; A-84758)
18) Manager application of Jess Vetrovsky for Gas 'N
Shop Inc. dba Git 'N Split at 3201 West O
Street, 1545 Cornhusker Hwy., 2801 O Street,
5560 S. 48th Street, 4401 N. 27th Street, and
951 West O Street. (ADOPTED FOR APPROVAL, 6-0;
A-84759)
19) Manager application of Jess Vetrovsky for Gas 'N
Shop dba Gas 'N Shop at 345 West O Street.(ADOPTED
FOR APPROVAL, 6-0; A-84760)
20) Application of The Garage Sports Bar & Grill
Inc. dba The Garage Sports Bar & Grill for a
Class I liquor license at 5551 S. 48th Street.
(ADOPTED FOR APPROVAL, 6-0; A-84761)
21) Manager application of Patricia A. Westphal for
The Garage Sports Bar & Grill Inc. dba The
Garage Sports Bar & Grill at 5551 S. 48th
Street.(ADOPTED FOR APPROVAL, 6-0; A-84762)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 36 HAD 2ND READING. SEE ITEMS 23, 24, 25, 33, & 34)
22) 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)
Fact Sheet (638K)
23) 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)(PUBLIC HEARING CONTINUED
FOR ONE WEEK W/ACTION ON 3/10/08, 6-0)
Fact Sheet (77K)
Attachment (275K)
24) 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. 12../030308/th 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)(PUBLIC HEARING CONTINUED FOR
ONE WEEK W/ACTION ON 3/10/08, 6-0)
Fact Sheet (87K)
Attachment (29K)
25) 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)(PUBLIC HEARING CONTINUED FOR ONE WEEK W/ACTION
ON 3/10/08, 6-0)
Fact Sheet (97K)
26) 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.
Fact Sheet (141K)
27) 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)
Fact Sheet (901K)
28) 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)
Attachment (262K)
29) 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)
Fact Sheet (902K)
Attachment (37K)
30) 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)
Fact Sheet (823K)
31) 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.
Fact Sheet (70K)
32) 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.
Fact Sheet (938K)
33) 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) (PLACED ON PENDING FOR FOUR WEEKS W/CON'T.
PUBLIC HEARING ON 3/31/08, 6-0)
Fact Sheet (847K)
34) 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)(PLACED ON
PENDING FOR FOUR WEEKS W/CON'T. PUBLIC HEARING ON
3/31/08, 6-0)
Fact Sheet (1054K)
35) 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.
Fact Sheet (696K)
36) 08-20 Adopting the supplements to the Lincoln Municipal Code
dated June, 2007 and December, 2007 as part of the
official Lincoln Municipal Code.
PUBLIC HEARING - RESOLUTIONS
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. (AMENDED TO DELAY COLLINS CLAIM FOR
TWO WEEKS W/CON'T. PUBLIC HEARING ON 3/17/08, 6-0;
ADOPTED AS AMENDED, 6-0; A-84763)
Fact Sheet (13K)
Attachment (18K)
38) 08R-54 Approving an Interlocal Agreement between the
City and Lancaster County to jointly purchase
right-of-way for the East Beltway.(ADOPTED, 6-0;
A-84764)
Fact Sheet (46K)
Attachment (294K)
39) 08R-63 Directing submittal to the qualified electors of
the City a proposed Charter amendment amending
Article IV, Section 12, of the Charter relating
to the duties of the mayor to clarify that the
mayor must approve purchases and contracts in
excess of $25,000; amend Article VII, Section 2
of the Charter relating to the powers and duties
of the purchasing division to provide that the
purchasing division shall advertise for formal
sealed bids for any contract in excess of
$25,000, provided the mayor may authorize
construction of public works and utilities
infrastructures where the city subsidy or
reimbursement does not exceed $100,000, and
provided further that the mayor may delegate the
execution of any purchase contract award of less
than $25,000; and amend Article VIII, Section 5
relating to the awarding of street improvement
contracts to provide the city may make
improvements not to exceed $25,000 where it has
not received any bids on a street improvement
project.(ADOPTED, 6-0; A-84747)
Fact Sheet (23K)
40) 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.
(TIE VOTE CARRIED OVER FOR ACTION ON 3/10/08, 3-3)
Fact Sheet (21K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 41 & 42 HAD 1ST READING.)
41) 08-21 Creating Alley Paving District No. _____ 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)
42) 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)
Substitute (599K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
43) 08-8 Creating and ordering construction of
Sidewalk Improvement District No. 95 in
various locations within the City and
assessing the cost against the benefitted
property.(AMENDED, 6-0; PASSED AS AMENDED,
6-0; #19047)
Fact Sheet (59K)
Attachment (16583K)
44) 08-10 Misc. 08001 - Amending Title 26 of the
Lincoln Municipal Code relating to land
subdivisions by amending Section 26.19.010
to allow final plats to be drawn on 24 lb.
white paper and by amending Section
26.23.140 to provide that lots shown within
the boundaries of an approved community
unit plan, a planned unit development, or
use permit are not required to front upon
and take access to a public street or
private roadway, provided that a permanent
public access easement to and from a public
street or private roadway for such residential
lots is dedicated in the final plat creating
such residential lots and that permanent access
easement (public or private) to and from a public
street or private roadway for such nonresidential
lots is dedicated in the final plat creating such
nonresidential lots.(PASSED, 6-0; #19048)
Fact Sheet (171K)
45) 08-11 Change of Zone 07061 - Application of Steve
Glenn of MGG Enterprises for a change of
zone from B-1 Local Business District to B-2
Planned Neighborhood Business District on
property generally located southwest of the
intersection of Van Dorn Street and South 70th
Street. (Related Items: 08-11, 08R-50)
(Action Date: 3/3/08)(LOST, 0-6; #38-4562)
Fact Sheet (316K)
46) 08R-50 Pre-Existing Use Permit No. 07001A - Application
of Steve Glenn of MGG Enterprises to develop 16,000
square feet of commercial floor area, with an
adjustment to the parking requirement to allow a
temporary outdoor structure in conjunction with the
use of the building as a convenience hardware store,
on property generally located southwest of the
intersection of Van Dorn Street and South 70th Street.
(Related Items: 08-11, 08R-50) (Action Date: 3/3/08)
(LOST, 0-6; #38-4563)
Fact Sheet (399K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM 55)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
Fact Sheet (399K)
54) 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)
55) 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)(REMOVED FROM PENDING TO HAVE PUBLIC
HEARING ON 3/17/08, 6-0)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 10, 2008, AT 5:30 P.M.
(APPROVED, 6-0)
56) 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.
Attachment (2161K)
Substitute (1649K)
57) 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.
Attachment (3714K)
58) 08R-67 Approving appropriations in the amount of
$34,610 from the operation of Keno Lottery Funds
for various human services.
Attachment (44K)
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 (3/5/08) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 3/10/08.
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 7:00 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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