City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 19, 2008 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
MAY 26TH DUE TO THE MEMORIAL DAY HOLIDAY
ALL MEMBERS PRESENT EXCEPT CAMP
ELECTION OF COUNCIL CHAIR AND VICE CHAIR - ROBIN ESCHLIMAN
ELECTED CHAIR. DOUG EMERY ELECTED VICE CHAIR.
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-112 Appointing Michelle Penn to the Urban Design
Committee for a three-year term expiring
February 1, 2011. (ADOPTED, 6-0; A-84859)
Attachment (26K)
2) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
May 5, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
4) Application of Swig LLC dba Billy Browns for a
Class I liquor license at 1422 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-84860)
5) Manager application of Brett A. Richardson for
Swig LLC dba Billy Browns at 1422 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-84861)
6) Application of Magnolia Restaurant Inc. dba
Magnolia Restaurant to expand its presently
licensed premises by the addition of an L-shaped
sidewalk caf‚ measuring approximately 11 feet by
60 feet to the south and east at 301 N. 8th
Street.(DELAYED TWO WEEKS TO 6/2/08 W/CONT.
PUBLIC HEARING & ACTION, 6-0)
7) Application of Aqua Matic Inc. dba Roc's Stop &
Shop for a Class D liquor license at 2700 South
Street.(ADOPTED FOR APPROVAL, 6-0; A-84862)
8) Manager application of Larry E. Semin for Aqua
Matic Inc. dba Roc's Stop & Shop at 2700 South
Street.(ADOPTED FOR APPROVAL, 6-0; A-84863)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 11 HAD 2ND READING. SEE ITEMS 9 & 10)
9) 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)
(WITHDRAWN, 6-0; #38-4571)
10) 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)
(ADOPTED, 6-0; A-84864)
11) 08-59 Accepting Willow Springs Homeowners
Association's offer to dedicate the right-
of-way for Lucile Drive at Pioneers Blvd.
Attachment (97K)
PUBLIC HEARING - RESOLUTIONS
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. (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)
(PLACED ON PENDING W/NO DATE CERTAIN, 6-0)
13) 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. (ADOPTED, 6-0; A-84865)
Fact Sheet (61K)
14) 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.(ADOPTED, 6-0; A-84866)
Fact Sheet (64K)
Attachment (704K)
15) 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.
(ADOPTED, 5-0; ESCHLIMAN ABSTAINED; A-84867)
Fact Sheet (2438K)
Attachment (875K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 18 HAD 1ST READING)
16) 08-60 Change of Zone 08016 - Amending Title 27 of
the Lincoln Municipal Code, the Zoning
Code, by amending Section 27.63.170
relating to special permits for parking
lots to allow the City Council to adjust
the location of signs and parking under a
special permit; amending Section 27.67.030
relating to general parking conditions to
allow parking in the front yard under a
special permit for parking lots pursuant to
Section 27.63.170; and amending Section
27.69.030 relating to general sign
provisions to allow signs in the front yard
if authorized under the conditions of
approval of the special permitted use found
in Chapter 27.63; and repealing Sections
27.63.170, 27.67.030, and 27.69.030 of the
Lincoln Municipal Code as hitherto
existing. (Related Items: 08-60, 08R-119)
Fact Sheet (157K)
17) 08R-119 Special Permit 08018 - Application of First
Plymouth Congregational Church to allow a
parking lot in a residential zoning district; to
waive the minimum 15 foot site penetration; to
allow parking in the front yard along S. 21st
Street and F Street; and to allow for a sign in
the front yard, on property generally located at
S. 21st Street and F Street. (Related Items:
08-60, 08R-119) (Action Date:6/9/08)
Fact Sheet (593K)
18) 08-61 Amending Title 2 of the Lincoln Municipal
Code relating to Officers, Departments and
Personnel of the City of Lincoln by
amending Section 2.02.020 to add the
"Library Department" and the "Library
Director" to the list of departments and
directors under the supervision of the
Mayor; by adding a new Section 2.02.085 to
provide the Library Director shall have
charge and supervision of the Library
Department and to set forth the duties of
the Library Director; by creating a new
Chapter 2.25 entitled "Library Department"
by adding a new Section 2.25.010 to
establish the name of the department; by
adding a new Section 2.25.020 to establish
a process for the hiring and removal of the
Library Director; by adding a new Section
2.25.030 to establish job duties of the
Library Director; and by adding a new
Section 2.25.040 to establish a procedure
for performance reviews of the Library
Director; by amending Section 2.76.070 to
remove the Library Director position from
classified service; and repealing Sections
2.02.020 and 2.76.070 of the Lincoln
Municipal Code as hitherto existing.
Fact Sheet (92K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
19) 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 8.46.020 as
hitherto existing. (4/14/08 - P.H./2nd
Reading delayed 4 wks. to 5/12/08)
(LOST, 0-6; #38-4572)
Fact Sheet (21K)
20) 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.
(PASSED, 6-0; #19087)
Fact Sheet (56K)
Attachment (360K)
21) 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.(PASSED, 6-0; #19088)
Fact Sheet (189K)
22) 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)(PASSED, 6-0; #19089)
Fact Sheet (248K)
23) 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)(PASSED, 6-0; #19090)
Fact Sheet (421K)
RESOLUTION FOR ACTION ONLY
24) 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.
(5/12/08 - Action Only Delayed 1 wk. to
5/19/08)(DELAYED TO 6/16/08 FOR ACTION ONLY, 5-1;
SPATZ DISSENTING)
Fact Sheet (83K)
Attachment (44K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
25) 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)
26) 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)
27) 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)
28) 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, JUNE 2, 2008, AT 1:30 P.M.
(APPROVED, 6-0)
29) 08R-117 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 1 - 15,
2008.
Fact Sheet (14K)
Attachment (19K)
30) 08R-95 To provide authority to approve the Annual
Pollutant Load Estimation for Dry Weather Flows
from Storm Drain Discharge by the University of
Nebraska-Lincoln Civil Engineering Department
for evaluation of historic pollutant loads and
of proposed monitoring locations for a period of
May 12, 2008 through December 31, 2008.
Fact Sheet (59K)
Attachment (469K)
31) 08R-113 Appointing Georgia Glass to the Lincoln Housing
Authority Board to fill an unexpired term
expiring July 1, 2008.
Attachment (26K)
32) 08R-114 Reappointing Rodrigo Cantarero to the Lincoln-
Lancaster County Board of Health for a three
year term expiring April 15, 2011.
33) 08R-115 Reappointing Ken Svoboda to the Lincoln-
Lancaster County Board of Health for a one-year
term expiring April 15, 2009.
34) 08R-116 Reappointing Robert Ripley and Bruce Helwig to
the Historic Preservation Commission for three-
year terms expiring April 15, 2011.
35) 08R-121 Appointing Dan G. Petersen to the Veterans
Memorial Garden Advisory Council for a three-
year term expiring November 1, 2010.
Attachment (27K)
36) 08R-122 Appointing John Faz to the Veterans Memorial
Garden Advisory Council to fill an unexpired
term expiring November 1, 2009.
Attachment (32K)
37) 08R-118 Amending Resolution No. A-84818 to correct the
amount of the reported settlement of the claim
of Arshad Mehmood in the amount of $1,398.10 to
$1,378.10.
Fact Sheet (32K)
38) 08R-120 Comprehensive Plan Conformance 08008 --
Approving and adopting the proposed Van Dorn
Redevelopment Plan on property generally bounded
by Hill Street to just north of Pioneers
Boulevard and between S. 7th Street to S. 10th
Street.
Fact Sheet (494K)
Attachment (2017K)
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 (6/4/08) PRIOR
TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 6/9/08.
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 DURING THE MONTH OF JUNE ARE THE
9TH AND THE 23RD.
ADJOURNMENT 2:16 P.M.
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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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