City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 7, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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-85 Appointing Francis Moul to the Community Forestry
Advisory Board for a three-year term expiring
August 17, 2010. (ADOPTED, 6-0; A-84803)
Attachment (70K)
2) Request of Public Works to set a Public
Hearing date of Monday, April 28, 2008, at
5:30 p.m. and place on the formal City
Council Agenda the following:
08-42 To provide authority to create and
construct an 8-inch sanitary sewer
along the south side of L Street at
approximately South 37th Street and
assess the costs thereof against the
benefitted properties.
(APPROVED, 6-0)
3) Affidavit of Mailing for Board of Equalization
for North 27th Street Maintenance Improvement
District. (PLACED ON FILE)
4) Affidavit of Mailing for Board of Equalization
for University Place Maintenance Business
Improvement District. (PLACED ON FILE)
5) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
March 24, 2008. (PLACED ON FILE)
6) Report from City Treasurer of Cash on Hand at
the close of business February 29, 2008.
(PLACED ON FILE)
7) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for March 2008. (PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
8) Setting the Hearing Date of Monday, April 21,
2008 at 1:30 p.m. for Application of Luedtke-
Thorson Investments, Inc. dba Suite 1 Pub &
Pizza for a Class C liquor license located at
311 N. 8th Street. ((ADOPTED, 6-0; A-84804)
9) Setting Hearing Date of Monday, April 21, 2008
at 1:30 p.m. for Application of U.R. Rockin,
Inc. dba The Rock of Lincoln for a Class C
liquor license located at 2137 Cornhusker
Highway.(ADOPTED, 6-0; A-84805)
10) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of RFox Inc. dba F.O.X. Neighborhood
Grill & Bar for a Class I liquor license at 1245
Libra Drive, Suite 110. (ADOPTED FOR APPROVAL,
6-0; A-84806)
12) Manager application of Donald J. Arena for RFox
Inc. dba F.O.X. Neighborhood Grill & Bar at 1245
Libra Drive, Suite 110.(ADOPTED FOR APPROVAL,
6-0; A-84807)
13) Application of Garage Sports Bar & Grill Inc.
dba Garage Sports Bar & Grill for the addition
of a beer garden area measuring approximately 14
ft. by 64 ft. to the west of the licensed
premises at 5551 S. 48th Street.
(ADOPTED FOR APPROVAL, 6-0; A-84808)
14) Application of Texas Roadhouse Holdings LLC dba
Texas Roadhouse for a Class IK liquor license at
6301 Apples Way.(ADOPTED FOR APPROVAL, 6-0; A-84809)
15) Manager application of Jacob Corton for Texas
Roadhouse Holdings LLC dba Texas Roadhouse at
6301 Apples Way.(ADOPTED FOR APPROVAL, 6-0; A-84810)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 18 HAD 2ND READING)
16) 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)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS
19) 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.
(DELAYED ACTION FOR ONE WEEK TO 4/14/08 IN
ORDER TO HAVE ACTION WITH BILL NO. 08-36, 6-0)
Fact Sheet (111K)
PUBLIC HEARING
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 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)(PASSED, 5-0; MARVIN ABSTAINED; #19066)
Fact Sheet (563K)
21) 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)(AMENDED, 6-0; ADOPTED AS AMENDED, 5-0; MARVIN
ABSTAINED; A-84811)
Fact Sheet (799K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 26 HAD 1ST READING)
22) 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)(1ST READING TO BE CONTINUED
TO 4/14/08, 6-0)
23) 08-38 Annexation No. 08002 - Amending the Lincoln
Corporate Limits Map by annexing approximately
64 acres of property generally located at Cornhusker
Highway and Fletcher Avenue.
Fact Sheet (406K)
Attachment (59K)
24) 08-39 Miscellaneous No. 08004 - Amending Title
26 of the Lincoln Municipal Code relating
to subdivisions by amending Section
26.11.060 to modify when an application for
a final plat shall automatically expire and
become null and void; amending Section
26.15.020 to delete the requirement that an
aerial photograph from the Lancaster County
soil survey maps designating soil types and
an explanation on how (1) the engineering
properties, and (2) the physical chemical
and water properties of the soil will
affect the proposed development to be
included with the preliminary plat and
further deleting the requirement for a
certification from a geotechnical engineer
that the soil data suppled is still
appropriate if the grading plan shows more
than a five-foot cut on a significant part
of the area or a large number of basements
are anticipated.
Fact Sheet (52K)
25) 08-40 Approving the sale of City owned properties
located at 1747, 1801, 1803, and 1807 North
24th Street and 429 B Street to
NeighborWorks-Lincoln and Affordable
Housing Initiative.
Fact Sheet (82K)
26) 08-41 Approving a lease agreement between the
City and Slick Graphix for the lease of
space by the Lincoln Area Agency on Aging
for its Lincoln Information for the Elderly
(LIFE) Program at 370 Fifth Street, David
City, Nebraska.
Fact Sheet (72K)
Attachment (98K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 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)(ACTION DELAYED FOR ONE WEEK TO 4/14/08, 6-0)
Fact Sheet (847K)
28) 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)(ACTION DELAYED FOR ONE WEEK
TO 4/14/08, 6-0)
Fact Sheet (1054K)
29) 08-32 Declaring approximately 58,520 square feet
of the Cornhusker Convention Center at S.
3th Street and M Street as surplus property.
(PASSED, 6-0; #19067)
Fact Sheet (216K)
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)
Fact Sheet (862K)
Motion To Amend 1 (6K)
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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 14, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
38) 08R-86 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 -
31, 2008.
Fact Sheet (13K)
Attachment (18K)
39) 08R-87 Approving the Interlocal Cooperation Agreement
between the City and Lower Platte South NRD,
Nebraska Dept. of Correctional Services and
Nebraska Emergency Management Agency for the
Flood Control Project at South 14th Street and
Highway 2 along Beal Slough.
Fact Sheet (61K)
Attachment (617K)
40) 08R-88 Use Permit 137A - Application of Pioneer
Woods/Normandy Court Association to amend Use
Permit No. 137 to reduce the existing front yard
setback from 20 feet to 8.5 feet in front of Lot
3 along S. 16th Street, and to add eight parking
stalls, on property generally located at S. 16th
Street and Normandy Court.
Fact Sheet (248K)
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 (4/8/08) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 4/14/08.
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 28ST.
ADJOURNMENT 2:03 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
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