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

Formal Agenda


             ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, MAY 12, 2008 AT 5:30 P.M.

                      ALL MEMBERS PRESENT EXCEPT CAMP
                                 
               THERE WILL BE NO COUNCIL MEETING THE WEEK OF 
                 MAY 26TH DUE TO THE MEMORIAL DAY HOLIDAY

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)            Lincoln Water & WasteWater System Recapitulation
               of Daily Cash Receipts for April 2008. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's approval of Resolutions 
               and Ordinances passed by City Council on April 28, 
               2008. (PLACED ON FILE)

 3)            Report from City Treasurer of franchise tax for
               the month of March, 2008 from Aquila. (PLACED ON FILE)

 4)            Report from the City Treasurer of Franchise Tax
               from Time Warner Cable for the Quarter ending
               March 31, 2008. (PLACED ON FILE)

 5)            Report from City Treasurer of E911 surcharge for
               1st Quarter 2008:  Windstream Communications, Inc.; 
               March 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)

 6)            Report from City Treasurer of Telecommunications
               Occupation Tax for 1st Quarter 2008: AmeriVision, 
               Assoc. Administrators, Comtech 21, Digizip, MegaPath, 
               NECC Telecom, OPEX Comm., Telenational, Viaero Wireless;
               January 2008: Andiamo Telecom; February 2008: ACN Comm., 
               Advanced Tel, Andiamo Telecom, Broadband Dynamics, Broadwing, 
               Business Prod. Solutions, CIMCO, Cincinnati Bell, Cricket, 
               Earthlink, Global Crossing, Globalstar USA, GTC Telecom, 
               Guaranteed Phone Service, IBM Global, Intellicall, KDDI 
               America, LDMI, McLeod USA, Nebraska Technology & Telecom., 
               New Cingular Wireless, New Eagle Network, OnStar, Primus, 
               Quantum Shift, Qwest, Telecorp, Flying J, TracFone, Trans 
               National, TWC Digital Phone, UCN, USCOC of Greater Iowa, 
               USCOC of Nebraska/Kansas, Verizon-Bell Atlantic, Virgin 
               Mobile USA, VoiceCom, Wholesale Carrier Services, Working 
               Assets Funding Service, XO Communications; March 2008: 
               360networks, 800 Response, Acceris, Alltell, Alltel 
               Communications of NE, AT&T Comm. of Midwest, ATS Mobile 
               Telephone, BT Americas, Business Telecom, CA Affinity, 
               Covista, D&D Comm, Enhanced Comm. Group, Enhanced Comm. 
               Network, First Comm., Globalcom, GTC Telecom, Lightyear, 
               Network Billing Systems, Nextel, NOS Comm., NOSVA, SBC Long 
               Distance, Sprint, Sprint Spectrum, TCG Omaha, Tri-M, Unite 
               Private Networks, Verizon, Zone Telecom. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 7)            Setting the hearing date of May 19, 2008 at 1:30 p.m. 
               for the application of Magnolia Restaurant, Inc. to 
               expand its licensed premises by the addition of an 
               L-shaped sidewalk cafe‚ approximately 11 feet by 
               60 feet located at 301 N. 8th Street. 
               (ADOPTED, 6-0; A-84850)

 8)            Setting the hearing date of May 19, 2008 at 1:30
               p.m. for the application of Aqua Matic Inc. dba
               Roc's Stop & Shop for a Class D liquor license
               at 2700 South Street.  (ADOPTED, 6-0; A-84851)

 9)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
               Change of Zone No. 08018 - App. of Gamma Phi Beta 
               House Corp., from  O-2 Suburban Office District to R-7 
               Residential District and from O-2 Suburban Office District 
               to P Public Use District on property generally located at 
               N. 16th Street and R Street.
               Change of Zone No. 08019 - App. of Robert Rokeby, 
               Victoria Rokeby and Larry Schmieding, from R-3 Residential 
               District to H-3 Highway Commercial District on property
               generally located at N. 35th Street and Superior Street.
               Change of Zone No. 08020 - App. of Olsson Associates, 
               from R-4 Residential District to I-1 Industrial District 
               on property generally located at N. 56th Street and 
               Ballard Avenue.


10)  MISCELLANEOUS REFERRALS - NONE

                           - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

11)            Application of Swig LLC dba 9 South Chargrill
               for a Class IK liquor license at 844 South Street.
               (ADOPTED FOR APPROVAL, 6-0; A-84852)

12)            Manager application of Linsi A. Peterson for
               Swig LLC dba 9 South Chargrill at 844 South Street.
               (ADOPTED FOR APPROVAL, 6-0; A-84853)

13)            Application of Hy-Vee Inc. dba Hy-Vee #2 Gas #1386 
               for a Class C liquor license at 1515 N. 84th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-84854)

14)            Manager application of Matthew T. Ludwig for Hy-Vee 
               Inc. dba Hy-Vee #2 Gas #1386 at 1515 N. 84th Street.
               (ADOPTED FOR APPROVAL, 6-0; A-84855)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15 
THRU 19 HAD 2ND READING)

15)  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)

16)  08-54     Approving the Platte River Well Field Farm Lease 
               between the City (Owner) and Dennis M. Thomas (Tenant) 
               for the lease of approximately 240 acres around the 
               City of Lincoln Ashland Wellhead Water Operations in 
               Ashland, Nebraska for a one-year term from June 1, 
               2008 through May 31, 2009.
               Fact Sheet (56K)               
	       Attachment (360K)

17)  08-55     Comp. Plan Conformity 08005 - Declaring approximately 
               19.37 acres of property generally located at N. 56th 
               Street and Bluff Road as surplus and authorizing the
               sale thereof to the Nebraska Game and Parks
               Commission.
               Fact Sheet (189K)

18)  08-56     Change of Zone 08015 - Application of the University 
               of Nebraska Foundation for a change of zone from I-2 
               Industrial Park District to O-3 Office Park District 
               on property generally located at N.W. 7th Street 
               and Highland Blvd. (Related Items: 08-56, 08-57)
               Fact Sheet (248K)

19)  08-57     Change of Zone 2938C - Application of the University 
               of Nebraska Foundation to expand the area of the 
               University of Nebraska Technology Park Special Sign 
               District by approximately 12 acres on property
               generally located at N.W. 1st Street and W. Highland 
               Blvd. (Related Items: 08-56, 08-57)
               Fact Sheet (421K)


PUBLIC HEARING - RESOLUTIONS

20)  08R-106   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of April 16 - 
               30, 2008.  (ADOPTED, 6-0; A-84856)
               Fact Sheet (13K)
               Attachment (19K)

21)  08R-103   To provide authority  to assess property owners
               for the cost of snow and ice removal by the City
               from sidewalks adjacent to their property during
               the winter season of 2007-2008.  (AMENDED, 4-2; 
               EMERY, SVOBODA DISSENTING; ADOPTED AS AMENDED, 
               6-0; A-84857)
               Fact Sheet (57K)

22)  08R-104   Approving a Redevelopment Agreement between the
               City and Capitol Cold LLC relating to the
               construction of storage buildings for commercial
               use within the West O Street Redevelopment Plan
               for public improvements including landscaping
               and new sidewalks abutting the project area
               generally located at 301 S.W. 32nd Street.
               (ACTION DELAYED FOR ONE WEEK TO 5/19/08, 4-2; 
               SPATZ, SVOBODA DISSENTING)
               Fact Sheet (83K)
               Attachment (44K)

23)  08R-105   Use Permit 05005A - Application of Gregg
               Trautman to reduce a portion of the front yard
               setback from 25 feet to 15 feet to accommodate a
               sign on property generally located 1/2 block
               south of S. 37th and O Streets.  (ADOPTED, 6-0; 
               A-84858)
               Fact Sheet (260K)


                        - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24 
THRU 26 HAD 1ST READING)

24)  08-58     Authorizing the issuance of not to exceed
               $625,000 of general obligation tax 
               anticipation notes to the City of Lincoln.
               (Related Items: 08-58, 08R-107)
               (Request 2nd, 3rd Readings on 5/19/08)

25)  08R-107   Approving a Pledge Agreement between the City of
               Lincoln and the UNF Charitable Gift Fund to
               provide funding to the City for preliminary
               design, engineering and feasibility studies
               related to the Arena project and related
               amenities. (Related Items: 08-58, 08R-107)
               Attachment (350K)

26)  08-59     Accepting Willow Springs Homeowners Association's 
               offer to dedicate the right-of-way for Lucile 
               Drive at Pioneers Blvd.
               Attachment (97K)


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

27)  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. 
               (PASSED, 6-0; #19085)
               Fact Sheet (70K)
               Attachment (80K)

28)  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. (PASSED, 6-0; #19086)
               Fact Sheet (342K)

29)  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. (PASSED, 6-0; 
               #19084)
               Fact Sheet (68K)
               Attachment (1032K)


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) (4/14/08 - Con't P.H. 
               w/Action to 4/28/08) (4/28/08 - Con't. P.H. 
               w/Action to 5/19/08)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)


PENDING LIST    (EXTENDED ONE WEEK)

31)  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)

32)  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)

33)  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)

34)  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 19, 2008, AT 1:30 P.M.
                                                  (APPROVED, 6-0)

35)  08R-109   Authorizing the Mayor and Finance Director to
               appropriate City funds for the multi-year Joint
               Antelope Valley Project No. 780110, Antelope
               Valley J Street Bridge. 
               Fact Sheet (61K)

36)  08R-110   Approving a four-year contract between the City
               and VonBusch and Sons Refuse to collect
               recyclables deposited at the City sponsored
               recycling drop-off sites in the City and County
               and transport them to a material recovery
               facility.
               Fact Sheet (64K)
               Attachment (704K)

37)  08R-111   Resolution approving and adopting a proposed
               amendment to the Lincoln Center Redevelopment
               Plan for the establishment of Phase V of the
               12th Street Revitalization Area (Gallup
               Redevelopment Project) at N. 11th and P Street.
               Fact Sheet (2438K)
               Attachment (875K)

38)  08R-112   Appointing Michelle Penn to the Urban Design
               Committee for a three-year term expiring
               February 1, 2011.
               Attachment (26K)


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 (5/7/08)  PRIOR TO THE NEXT FORMAL CITY 
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH
IS 5/12/08.

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. THERE WILL ONLY BE ONE 
OPEN MICROPHONE SESSION DURING THE MONTH OF MAY WHICH IS
MAY 12TH AT THE 5:30 PM. MEETING.


ADJOURNMENT   8:47 P.M.


ANNOUNCEMENTS:
       Council Meeting Date and Start times for May:
     May 5, 2008 - 1:30 p.m.  May 12, 2008 - 5:30 p.m.
               May 19, 2008 - 1:30 p.m.
                    

                                  ***
                       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