InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


           ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
                    MONDAY, APRIL 28, 2008 AT 5:30 P.M.

      ALL MEMBERS PRESENT EXCEPT COOK WHO ARRIVED AT 5:36 P.M.
 
    BOARD OF EQUALIZATION - N 27TH ST BMID  (APPROVED, 6-0; COOK ABSENT)

       BOARD OF EQUALIZATION - UNIVERSITY PLACE BMID (APPROVED, 6-0; COOK ABSENT)
 
                REGULAR CITY COUNCIL MEETING BEGINS
                                 
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)            Setting the hearing date of Monday, May
               12, 2008, at 5:30 p.m. on the report of
               Public Works/Sidewalk Services for snow and
               ice removal assessments for the 2007-2008
               Winter Season against the various
               properties in said report.
               (APPROVED, 7-0)

 2)            Clerk's Letter and Mayor's Approval of
               Ordinances & Resolutions passed by Council on
               April 14, 2008. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            THE FOLLOWING HAVE BEEN REFERRED TO THE 
               PLANNING DEPT.:
               Change of Zone 08016 - requested
               by Mark Hunzeker, for an amendment to
               Chapter 27.63.170 of the Lincoln
               Municipal Code, allowing the Planning
               Commission to adjust yard requirements
               for parking lots required by Special
               Permit.
               Special Permit 08018 - requested
               by Mark Hunzeker, for a parking lot in
               a residential zoning district , to
               allow for parking in required yards and
               to waive the requirement of a 15 foot
               site penetration on property legally
               described as Lots 1 and 2, Block 6,
               Houtz Addition, located in the SW 1/4
               of Section 25-10-6, Lancaster County,
               Nebraska, generally located at S. 21st
               Street and F Street.
               Special Permit 08020 -,
               requested by Dan Lehr, to allow a
               salvage operation, on property legally
               described as Lots 46 and 55 I.T.,
               located in the NE 1/4 of Section 3-10-
               7, Lancaster County, Nebraska,
               generally located at Fletcher Avenue
               and Highway 6

 4)            Setting the Hearing Date of Monday, May
               12, 2008 at 5:30 p.m. for the
               Application of Hy-Vee Inc. dba Hy-Vee
               #2 Gas #1386 for a Class D liquor
               license located at 1515 N. 84th Street.
               (ADOPTED, 7-0; A-84830A)

 5)            Setting the Hearing Date of Monday, May
               12, 2008 at 5:30 p.m. for the
               Application of Swig LLC dba 9 South
               Chargrill for a Class IK liquor license
               located at 844 South Street.
               (ADOPTED 7-0; A-84831)


 6)    MISCELLANEOUS REFERRALS

             - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

 7)            Manager application of Monte Froehlich
               for Old Federal Place Limited Liability
               Company dba The Grand Manse at 129
               North 10th Street. (4/21/08
               - Con't P.H. w/Action on 4/28/08)
               (ADOPTED FOR APPROVAL, 7-0; A-84832)

 8)            Application of Rett A. Bellamy dba
               Sidewinders for a Class C liquor
               license at 1644 O Street.
               (ADOPTED FOR DENIAL, 7-0; A-84833)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 16 HAD 2ND READING)


 9)    08-42   Creating and ordering constructed
               Sewer District No. 1183  for an 8-
               inch diameter sanitary sewer along
               the south side of L Street from
               Christensen Court to the east
               approximately 170 feet and
               assessing the cost thereof against
               the benefitted properties.
               Fact Sheet (60K)
               Attachment (881K)

10)    08-44   Repealing Ordinance No. 18907
               creating Alley Re-paving District
               No. 48, in the east/west alley,
               between 17th to 18th Streets, O to
               P Streets due to the lack of
               majority petition.
               Fact Sheet (60K)

11)    08-45   Miscellaneous 05004 - Application
               of Christ Lutheran Church to
               vacate portions of Woods Brothers
               Bryan Sumner Acres and adjacent
               public right-of-way, generally
               located at 43rd and Sumner
               Streets.
               Fact Sheet (182K)

12)    08-46   Change of Zone 08012HP -
               Application of  Nebraska State
               Historical Society Foundation to
               designate the Lewis-Syford House
               at 700 North 16th Street as a
               historic landmark.
               Fact Sheet (1211K)
               Attachment (412K)

13)    08-47   Change of Zone 08013HP -
               Application of Sigma Chi Building
               Association to designate the Sigma
               Chi Fraternity House at 1510 Vine
               Street as a historic landmark.
               Fact Sheet (722K)
               Attachment (417K)

14)    08-48   Change of Zone 08014HP -
               Application of Nebraska Alpha
               Alumni Association to designate
               the Phi Kappa Psi Fraternity House
               at 1548 S Street as a historic
               landmark.
               Fact Sheet (811K)
               Attachment (560K)

15)    08-49   Change of Zone 2751B - Application
               of SFI Partnership to amend the
               sign regulations for the
               commercial portion of Van Dorn
               Acres Planned Unit Development to
               allow an additional ground sign
               and a free-standing menu board on
               property generally located at S.
               84th Street and Van Dorn Street.
               Fact Sheet (339K)

16)    08-50   Change of Zone 08010 - Application
               of Hub Hall Real Estate for a
               change of zone from R-3
               Residential District to B-2
               Planned Neighborhood Business
               District PUD to develop up to
               70,000 square feet of commercial
               floor area on property generally
               located at N.W. 48th Street and W.
               Holdrege Street.
               Fact Sheet (980K)


PUBLIC HEARING - RESOLUTIONS

17)    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)
               (4/14/08 - Con't P.H. w/Action to
               4/28/08)(CON'T. PUBLIC HEARING W/ACTION
               TO 5/19/08, 7-0)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)

18)    08R-93  Accepting the report of new
               and pending claims against
               the City and approving
               disposition of claims set
               forth for the period of April
               1 - 15, 2008. (ADOPTED, 7-0; A-84834)
               Fact Sheet (13K)
               Attachment (18K)

19)    08R-94  Approving a Conservation Easement
               Agreement between the City, the Lower
               Platte South Natural Resources District
               and John J. Hollingsworth, Trustee, for
               the acquisition of approximately seven
               acres in the Beal Slough floodplain
               south of London Road and east of 56th
               Street, to preserve flood storage
               capacity of the easement area.
               (ADOPTED, 7-0; A-84835)
               Fact Sheet (60K)
               Attachment (697K)

20)    08R-96  Approving and ratifying the sub-grant
               award agreement between the State of
               Nebraska Emergency Management Agency
               and the City of Lincoln for the Fiscal
               Year 2005 Homeland Security Grant
               Program for the period of 10/1/04 to
               3/31/07; approving an extension of the
               sub-grant award agreement to 3/31/08;
               and approving a second extension of the
               sub-grant award agreement to 1/31/09.
               (ADOPTED, 7-0; A-84836)
               Fact Sheet (78K)
               Attachment (557K)


                 - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 21 THRU 23 HAD 1ST READING)

21)    08-51   Approving a lease agreement
               between the City and Scott & Cindy
               Jensen for the lease of office
               space by the Lincoln Area Agency
               on Aging for its Lincoln
               Information for the Elderly (LIFE)
               Program at 320 N. State Street,
               Osceola, Nebraska.
               Fact Sheet (70K)
               Attachment (80K)

22)    08-52   Change of Zone 08011 - Application
               of the Cedars Home for Children
               for a change of zone from R-1
               Residential District to R-1
               Residential PUD on property
               generally located at S. 66th
               Street and Pioneers Blvd. to
               permit a nonprofit religious,
               educational and philanthropic
               institution with domestic shelter,
               children's home and administrative
               office in the R-1 zoning district.
               Fact Sheet (342K)

23)    08-53   Approving a lease agreement
               between the City and The 3 Amigos
               Properties for a lease of space
               for a three-year term for use by
               the Lincoln Police Department.
               Fact Sheet (68K)
               Attachment (1032K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

24)    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)
               (AMENDED #1, 7-0; AMENDED #3, 7-0; 
               AMENDED #5, 7-0; ADOPTED AS AMENDED,
               7-0; #19075)
               Motion To Amend 1 (7K)


PENDING LIST - DATE CERTAIN

25)    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.
               (4/14/08 - P.H./2nd Reading
               delayed 4 wks. to 5/12/08)
               Fact Sheet (21K)


PENDING LIST	(EXTENDED ONE WEEK; SEE ITEMS 26, 27, & 28)

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)(WITHDRAWN, 7-0; #38-4570)
               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)(REMOVED & SENT 
               BACK TO PLANNING COMMISSION, 7-0)
               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)(REMOVED & SENT BACK TO 
               PLANNING COMMISSION, 7-0)
               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, MAY 5, 2008, AT 1:30 P.M.
                                       (APPROVED, 7-0)

33)    08R-97  Comp. Plan Conformance No. 08003 -
               Amending the Antelope Valley
               Redevelopment Plan to add a mixed-use,
               retail, office and banquet hall project
               with adjacent parking lot on property
               generally located between S. 19th
               Street and S. 20th Street between K and
               L Streets.
               Fact Sheet (326K)
               Attachment (749K)

34)    08R-98  Approving a Resolution authorizing the
               Mayor to execute and file applications
               on behalf of the City of Lincoln with
               the Federal Transit Administration for
               Federal transportation assistance.
               Fact Sheet (69K)

35)    08R-99  Amending the FY 2007/08 to 2012/13 Six
               Year Capital Improvement Program (CIP)
               to designate funding in the first year
               (2007/2008) of the CIP, identify
               funding sources, establish a project
               for the West O Historic Highway
               Project, and establish appropriations
               for that project.
               Fact Sheet (73K)

36)    08R-100 Approving an Agreement for entering
               into a contract between the City and
               the Nebraska Department of Roads for
               the West O Historic Highway Project for
               improvements located on a four-block
               segment of West O Street between 3rd
               Street and the Salt Creek Bridge.
               Fact Sheet (80K)
               Attachment (531K)

37)    08R-101 Amending the FY 2007/08 to 2012/13 Six
               Year Capital Improvement Program to
               establish the Boosalis Trail Project-
               Phase I for a 10 foot wide concrete
               trail from 20th to 27th Street along
               Highway 2 and to identify the funding
               source for that project.
               Fact Sheet (109K)

38)    08R-102 Approving an Agreement between the City
               and the Lincoln Chamber Economic
               Development Corp. (LCEDC) for the
               promotion of economic development in
               Lincoln for a four year term commencing
               September 1, 2007 through August 31,
               2011.
               Fact Sheet (8K)
               Attachment (496K)


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	8:57 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.
                          ****

    The City Council Agenda and Action Sheet may be
               accessed on the Internet at:
                     lincoln.ne.gov
                          ***

City Council
Meetings