City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 24, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S ANNUAL AWARD OF EXCELLENCE WAS PRESENTED TO HOUSTON
DOAN & BRAD KASTL OF LINCOLN AREA AGENCY ON AGING - TEAM.
HONORABLE MENTION WAS AWARDED TO CYNTHIA KOENIG-WARNKE OF
THE LINCOLN POLICE DEPARTMENT.
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) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 10, 2008. (PLACED ON FILE)
2) Annual Report for the year 2007 prepared by the
City Law Department dated March 4, 2008. (PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, April 7,
2008 at 1:30 p.m. for the application of Garage
Sports Bar & Grill, Inc. dba Garage Sports
Bar & Grill for an addition to premise of their
existing Class I liquor license adding a beer
garden measuring approx. 14' x 64' to the
southwest side of the building located at 5551
S. 48th Street. (ADOPTED, 7-0; A-84788)
4) Setting the hearing date of Monday, April 7,
2008 at 1:30 p.m. for the application of RFOX,
Inc. dba F.O.X. Neighborhood Grill & Bar for a
Class I liquor license located at 1245 Libra
Drive, Suite 110.(ADOPTED, 7-0;A-84789)
5) Setting the hearing date of Monday, April 7,
2008 at 1:30 p.m. for the application of Texas
Roadhouse Holdings LLC dba Texas Roadhouse for a
Class IK liquor license located at 6301 Apple's
Way. (ADOPTED, 7-0; A-84790)
6) Informal Paving Petition for Alley Paving
District for the alley, behind property at 2201
S. 10th and 2150 S. 9th Streets, submitted by
Lynn Fisher, President of The Car Connection, Inc.
dba Great Place Properties. (REFERRED TO PUBLIC
WORKS DEPT. ON 3/13/08)
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Manager application of Matthew Prusa for
Whitehead Oil Co. dba U Stop Convenience Shop at
942 S. 27th Street.(ADOPTED FOR APPROVAL, 7-0; A-84791)
9) Application of Kabredlo's, Inc. dba Kabredlos
#104 for a Class D liquor license at 2500 N.W.
12th Street.(ADOPTED FOR APPROVAL, 7-0; A-84792)
10) Manager application of Anthony Olderbak for
Kabredlo's, Inc. dba Kabredlos #104 at 2500 N.W.
12th Street.(ADOPTED FOR APPROVAL, 7-0;A-84793)
11) Application of Whitehead Oil Co. dba U Stop
Convenience Shop for a Class D liquor license at
110 West O Street.(ADOPTED FOR APPROVAL, 7-0; A-84794)
12) Manager application of Diana Nasseff for
Whitehead Oil Co. dba U Stop Convenience Shop at
110 West O Street.(ADOPTED FOR APPROVAL, 7-0; A-84795)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 13 HAD 2ND READING)
13) 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.
Attachment (1256K)
Motion To Amend 1 (6K)
PUBLIC HEARING - RESOLUTIONS
14) 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.(ADOPTED, 7-0; A-84796)
Fact Sheet (818K)
Attachment (2137K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 15 HAD 1ST READING)
15) 08-32 Declaring approximately 58,520 square feet
of the Cornhusker Convention Center at
S. 13th Street and M Street as surplus
property.
Fact Sheet (216K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
16) 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).(PASSED, 7-0; #19060)
Fact Sheet (23K)
17) 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) (ADOPTED, 7-0; A-84797)
Attachment (125K)
18) 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) (PASSED, 7-0; #19061)
Fact Sheet (963K)
Attachment (72K)
19) 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)
(PASSED, 7-0; #19062)
Fact Sheet (994K)
20) 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.
(PASSED, 7-0; #19063)
Fact Sheet (201K)
21) 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.(PASSED, 7-0; #19064)
Fact Sheet (47K)
PENDING LIST - DATE CERTAIN
22) 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)
23) 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)
24) 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)
(3/17/08 - P.H. & Action con't. to
4/7/08)
Fact Sheet (563K)
25) 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)(3/17/08 -
P.H. & Action con't. to 4/7/08)
Fact Sheet (799K)
PENDING LIST (EXTENDED ONE WEEK)
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)
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)
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)
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, MARCH 31, 2008, AT 5:30 P.M.
(APPROVED, 7-0)
33) 08R-78 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 1-15,
2008.
Fact Sheet (13K)
Attachment (19K)
34) 08R-79 Approving the appointment of John Hendry as the
City Attorney for a two-year term.
35) 08R-80 Approving a two-year advertising agreement
between the City and Cornhusker Bank for
advertising rights on the electronic message
systems at Pershing Municipal Auditorium at
15th and N Streets.
Attachment (420K)
36) 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.
Fact Sheet (862K)
Motion To Amend 1 (6K)
37) 08R-83 Supporting passage of Constitutional Amendment
No. 1 on the May 13, 2008 ballot related to a
political subdivision's ability to invest public
endowment funds.
Fact Sheet (19K)
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 2:31 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.
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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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