City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 31, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT
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-79 Approving the appointment of John Hendry as the
City Attorney for a two-year term.
(ADOPTED, 7-0; A-84798)
2) Setting the Board of Equalization hearing date of
Monday, April 28, 2008, at 5:30 p.m. on the North
27th Street Maintenance Improvement District and
University Place Maintenance Business Improvement
District. (APPROVED, 7-0)
3) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on March
17, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, April 14, 2008
at 1:30 p.m. for the application of Old Federal
Place, LLC dba The Grand Manse for a Class I
liquor license located at 129 North 10th Street.
(ADOPTED, 7-0; A-84799)
5) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 2751B - App. of D. David
Slosburg, Van Dorn Acres Planned Unit Development,
to amend the sign regulations for the commercial
portion of the PUD to allow an additional ground
sign and a free-standing menu board, on property
generally located at S. 84th Street and Van Dorn
Street.
Change of Zone No. 08011 - App. of James R.
Blue, Cedars Home For Children Planned Unit
Development, from R-1 Residential District to R-1
PUD Residential District PUD with a development
plan which proposes to modify the standards of the
underlying zoning district, on property generally
located at S. 66th Street and Pioneers Boulevard.
Change of Zone No. 08012 - App. of Nebraska
State Historical Society Foundation, to designate
a historic landmark, known as the Lewis Syford
House, on property located at 700 N.16th Street.
Change of Zone No. 08013 - App. of Sigma Chi
Building Association, to designate a histo ric
landmark, known as Sigma Chi Fraternity House, on
property located at 1510 Vine Street.
Change of Zone No. 08014 - App. of Nebraska
Alpha Alumni Association, to designate a historic
landmark, known as Phi Kappa Psi Fraternity House,
on property located at 1548 S Street.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 7
THRU 9 HAD 2ND READING)
7) 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)
8) 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)
9) 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)
PUBLIC HEARING - RESOLUTIONS
10) 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. (AMENDED, 7-0; ADOPTED AS AMENDED, 7-0;
A-84800)
Fact Sheet (13K)
Attachment (19K)
Motion To Amend 1 (3K)
11) 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. (ADOPTED, 7-0; A-84801)
Attachment (420K)
12) 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. (P.H. CON'T W/ACTION ON
4/14/08, 7-0)
Fact Sheet (862K)
Motion To Amend 1 (6K)
13) 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. (ADOPTED, 7-0; A-84802)
Fact Sheet (19K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 17 HAD 1ST READING, SEE ITEM #17)
14) 08-34 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public market
in the Haymarket area, 7th Street from P to Q
Streets and P Street from 7th to 8th Streets
from May 3, 2008 through October 11, 2008 and
on 8th Street from P to Q Street from June
14, 2008 through August 9, 2008.
Fact Sheet (81K)
Attachment (608K)
15) 08-35 Approving a contract between the City and
Downtown Lincoln Association to operate and
regulate a mid-week Jazz in June public
market in the area located at 12th Street
from Q to R Street and R Street from 12th to
13th Streets from June 3, 2008 through June
24, 2008.
Fact Sheet (80K)
Attachment (260K)
16) 08-36 Amending Title 28 of the Lincoln Municipal
Code relating to Stormwater Quality and
Erosion and Sediment Control by creating a
new Chapter 28.02, Regulations for Illicit
Discharges.
Fact Sheet (117K)
Attachment (55K)
17) 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. (CON'T 1ST READING
ON 4/7/08 WITH P.H. ON 4/14/08, 7-0)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 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.
(MTA #1 ADOPTED, 7-0; PASSED AS AMENDED, 7-0;
#19065)
Attachment (1256K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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 7, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
28) 08R-84 Adopting fees to cover the expenses of conducting
National Pollutant Discharge Elimination System
(NPDES) stormwater permit compliance inspections
at regulated industrial facilities by Health
Department staff.
Fact Sheet (111K)
29) 08R-85 Appointing Francis Moul to the Community Forestry
Advisory Board for a three-year term expiring
August 17, 2010.
Attachment (70K)
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 8:28 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)
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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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