City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 14, 2008 AT 1:30 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) Resolution assessing the costs of the North 27th
Street Maintenance Business Improvement District
against the benefitted properties. (ADOPTED, 7-0;
A-84812)
2) Resolution assessing the costs of the University
Place Maintenance Business Improvement District
against the benefitted properties. (ADOPTED, 7-0;
A-84813)
3) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended February 29,
2008. (ADOPTED, 7-0; A-84814)
4) Report from City Treasurer of franchise tax for
the month of February, 2008 from Aquila.
(PLACED ON FILE)
5) Report from City Treasurer of Telecommunications
Occupation Tax for 4th Quarter 2007: Andiamo
Telecom; January 2008: ACN Communications,
Advanced Tel Inc, Broadband Dynamics, Broadwing,
BT Americas, Business Prod. Solutions, Cimco,
Cincinnati Bell Any Distance, Cricket Communications,
Earthlink, Flying J Communications, Global Crossing
Telecommunications, GlobalStar USA, Guaranteed Phone
Service, IBM Global, Intellicall Operator, KDDI
America, Long Distance of Michigan, McLeod USA,
Movida, Nebraska Technology, Network Billing
Systems, New Cingular Wireless, New Edge Network,
Norstan Network, OnStar Corp, Primus, Quantum
Shift, Qwest Communications Corp, Telecorp,
TracFone Wireless, Trans National, TWC Digital
Phone, UCN, USCOC of Greater Iowa, USCOC
of Nebraska/Kansas, Verizon-Bell Atlantic,
Verizon Select, Virgin Mobile USA, VoiceCom,
Wholesale Carrier Services, Working Assets
Funding Service, XO Communications; February
2008: 360 Networks, Acceris, Alltel, Alltel
Comm. of Nebraska, ATS Mobile Telephone, AT&T
Comm. of Midwest, BT Americas, Business Telecom,
Covista, D&D Communications, Enhanced, First
Communications, Globalcom, Lightyear Network,
Network Billing Systems, Nextel Partners,
Norstan Network, NOS Communications, NOSVA
Limited Partnership, SBC Long Distance, Shaffer
Communications, Sprint Communication Company,
Sprint Spectrum, TCG Omaha, Tri-M Comm, Unite
Private, Networks, Verizon, Windstream Nebraska,
Windstream Systems of the Midwest, Zone Telecom.
(PLACED ON FILE)
6) Report from City Treasurer of E911 surcharge for
February 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)
7) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 31, 2008. (PLACED ON FILE)
8) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 7, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Setting the hearing date of Monday, April 28, 2008
at 5:30 p.m. for the application of Rett A. Bellamy
dba Sidewinders for a Class C liquor license
located at 1644 O Street. (ADOPTED, 7-0; A-84815)
10) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 2938C - App. of the
University of Nebraska Foundation for an
amendment to expand the special sign district to
include 12 acres on property generally located
at NW 1st St. and W. Highlands Boulevard.
Change of Zone No. 08015 - App. of the
University of Nebraska Foundation, from I-2
Industrial Park District to O-3 Office Park
District on property generally located at NW 1st
Street and W. Highlands Boulevard.
Special Permit No. 08019 - App. of
SWIG, LLC, for the authority to sell
alcoholic beverages for consumption on the
premises on property generally located at
S. 9th Street and South St. The Planning
Commission action is final action, unless
appealed to the City Council.
Use Permit No. 80A - App. of the
University of Nebraska Foundation, for an
amendment to add an additional 12 acres, on
property generally located at NW 1st Street and
W. Highlands Blvd. The Planning Commission
action is final action, unless appealed to the
City Council.
Use Permit No. 05005A - App. of Gregg and
Cindy Trautman, for an amendment to reduce a
portion of the front yard setback, on property
generally located at S. 37th Street and O
Street.
11) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
12) Application of Old Federal Place Limited
Liability Company dba The Grand Manse for a
Class I liquor license at 129 North 10th Street.
(ADOPTED FOR APPROVAL, 7-0; A-84816)
13) Manager application of Deborah L. Loch for Old
Federal Place Limited Liability Company dba The
Grand Manse at 129 North 10th Street.
(ADOPTED FOR DENIAL, 7-0; A-84817)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 17 HAD 2ND READING)
14) 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)
15) 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)
16) 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)
17) 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)
PUBLIC HEARING - RESOLUTIONS
18) 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) (P.H. CON'T W/ACTION IN TWO
WEEKS ON 4/28/08, 7-0)
Fact Sheet (862K)
Motion To Amend 1 (6K)
19) 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. (ADOPTED, 7-0; A-84818)
Fact Sheet (13K)
Attachment (18K)
20) 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. (ADOPTED, 7-0;
A-84819)
Fact Sheet (61K)
Attachment (617K)
21) 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. (ADOPTED, 7-0;
A-84820)
Fact Sheet (248K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
& 23 HAD 1ST READING, SEE ITEM #23)
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) (4/7/08 - Con't. 1st
Reading to 4/14/08)
23) 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. (PUBLIC HEARING/2ND READING
DELAYED 4 WEEKS TO 5/12/08, 4-3; CAMP, SPATZ,
SVOBODA DISSENTING)
Fact Sheet (21K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 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)
(4/7/08 - Action delayed 1 wk to 4/14/08)
(LOST, 0-7; #38-4568)
Fact Sheet (847K)
25) 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) (4/7/08 - Action
delayed 1 wk to 4/14/08) (LOST, 0-7;#38-4569)
Fact Sheet (1054K)
26) 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. (PASSED, 7-0; #19068)
Fact Sheet (81K)
Attachment (608K)
27) 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. (PASSED, 7-0; #19069)
Fact Sheet (80K)
Attachment (260K)
28) 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. (PASSED, 7-0; #19070)
Fact Sheet (117K)
Attachment (55K)
29) 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. (To
have Action 4/14/08 w/Bill No. 08-36) (ADOPTED,
7-0; A-84821)
Fact Sheet (111K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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 21, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
37) 08R-90 Reappointing Larry M. Brown and Keith E.
Fickenscher to the Veterans Memorial Garden
Advisory Council for three-year terms expiring
November 1, 2010.
38) 08R-91 Appointing Emily Casper to the Community
Forestry Advisory Board to fill an unexpired
term expiring August 17, 2008.
Attachment (29K)
39) 08R-92 Approving an Agreement between the City, County
and Bryan LGH Medical Center to obtain discounted
fees and extended terms for Blood borne Pathogens
testing and discounted fees and extended terms for
the treatment of Workers Compensation injuries and
illnesses for a four year term from January 1, 2008
through December 31, 2011.
Fact Sheet (86K)
Attachment (295K)
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 (4/23/08) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 4/28/08.
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 28TH.
ADJOURNMENT 4:24 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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