City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 2, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL NO COUNCIL MEETING THE WEEK OF
JUNE 30TH DUE TO THE JULY 4TH 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) 08R-113 Appointing Georgia Glass to the Lincoln Housing
Authority Board to fill an unexpired term
expiring July 1, 2008. (ADOPTED, 7-0;
A-84868)
Attachment (26K)
2) 08R-114 Reappointing Rodrigo Cantarero to the Lincoln-
Lancaster County Board of Health for a three
year term expiring April 15, 2011.
(ADOPTED,7-0; A-84869)
3) 08R-115 Reappointing Ken Svoboda to the Lincoln-
Lancaster County Board of Health for a one-year
term expiring April 15, 2009.
(ADOPTED, 7-0; A-84870)
4) 08R-116 Reappointing Robert Ripley and Bruce Helwig to
the Historic Preservation Commission for three-
year terms expiring April 15, 2011.
(ADOPTED, 7-0; A-84871)
5) 08R-121 Appointing Dan G. Petersen to the Veterans
Memorial Garden Advisory Council for a three-
year term expiring November 1, 2010.
(ADOPTED, 7-0; A-84872)
Attachment (27K)
6) 08R-122 Appointing John Faz to the Veterans Memorial
Garden Advisory Council to fill an unexpired
term expiring November 1, 2009.
(ADOPTED, 7-0; A-84873)
Attachment (32K)
7) Report from City Treasurer of City Cash on Hand
at the close of business April 30, 2008.
(PLACED ON FILE)
8) Clerk's Letter and Mayor's approval of
Resolutions and Ordinances passed by City
Council on May 12, 2008. (PLACED ON FILE)
9) Clerk's Letter and Mayor's approval of
Resolutions and Ordinances passed by City
Council on May 19, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone No. 08022HP - App. of Danja
Pegram Siders to designate as a historic landmark
property known as the Dr. Slattery House located
at 5230 North 14th Street and the associated
artesian well at 5200 North 13th Street.
Change of Zone No. 08023 - App. of Mark
Hunzeker for a change from R-2 Residential
District to B-3 Commercial District on property
generally located NW of South 33rd Street &
A Street.
11) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
12) Application of Magnolia Restaurant Inc. dba
Magnolia Restaurant to expand its presently
licensed premises by the addition of an L-shaped
sidewalk cafe‚ measuring approximately 13 feet by
84 feet to the south and east at 301 N. 8th
Street. (5/26/08 - P.H & Action con't to
6/2/08) (ADOPTED FOR APPROVAL, 7-0; A-84874)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 15 HAD 2ND READING)
13) 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)
14) 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)
15) 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)
PUBLIC HEARING - RESOLUTIONS
16) 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. (AMENDED TO DELAY HERSEL CLAIM FOR 1 WK.
W/CON'T P.H. & ACTION ON 6/9/08, 7-0; ADOPTED
AS AMENDED, 7-0; A-84875)
Fact Sheet (14K)
Attachment (19K)
17) 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.
(ADOPTED, 7-0; A-84876)
Fact Sheet (59K)
Attachment (469K)
18) 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
$1,709.69 to $1,378.10 $1,398.10.
(ADOPTED, 7-0; A-84877)
Fact Sheet (32K)
19) 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.
(DELAYED 2 WKS. FOR ACTION ONLY, 4-3;
COOK, EMERY, MARVIN DISSENTING)
Fact Sheet (494K)
Attachment (2017K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 20
THRU 24 HAD 1ST READING)
20) 08-62 Amending Rule 3-3 "Vote of a Member
Mandatory; Exception" of the Rules of
Council Decorum to add language relating to
Council members abstaining from voting on a
pending question.
Fact Sheet (13K)
21) 08-63 Annexation No. 08003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 63.13 acres of property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64)
Fact Sheet (232K)
22) 08-64 Change of Zone 08019 - Application of
Robert and Victoria Rokeby for a change of
zone from R-3 Residential District to H-3
Highway Commercial District on property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64)
Fact Sheet (291K)
23) 08-65 Change of Zone 08018 - Application of Gamma
Phi Beta Building Association and the
Planning Director for a change of zone from
O-2 Suburban Office District to R-7
Residential District and P Public Use
District on property generally located at
N. 16th Street between R and S Streets.
Fact Sheet (132K)
24) 08-66 Change of Zone 08020 - Application of
Veyance Technologies, Inc. for a change of
zone from R-4 Residential District to I-1
Industrial District on property generally
located at N. 56th Street and Ballard Ave.
Fact Sheet (132K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 08-59 Accepting Willow Springs Homeowners Association's
offer to dedicate the right-of-way for Lucile
Drive at Pioneers Blvd.
(PASSED, 7-0; #19091)
Attachment (97K)
PENDING LIST - DATE CERTAIN
26) 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)(5/19/08 - Action Delayed to
6/16/08)
Fact Sheet (83K)
Attachment (44K)
PENDING LIST (EXTENDED ONE WEEK)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
(5/19/08- Placed on Pending, No Date Certain)
Fact Sheet (862K)
Motion To Amend 1 (6K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 9, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
32) 08R-108 Approving a transfer of appropriations in the
amount of $200,049 from the Contingency fund to
the Fire and Rescue Administration Account to
fund the roof replacement at Fire Station #1 at
18th and Q Streets.
Fact Sheet (82K)
33) 08R-123 Appointing James W. Partington to the Lincoln-
Lancaster County Planning Commission to complete
the remainder of a term expiring September 24,
2013.
Attachment (191K)
34) 08R-124 Reappointing Georgia Glass to the Lincoln
Housing Authority Board for a five-year term
expiring July 1, 2013.
35) 08R-125 Comp. Plan Amendment 08002 - Amend the 2030
Lincoln-Lancaster County Comprehensive Plan to
designate land as Commercial in the Land Use
Plan and designate a Community size Commercial
center generally in the area of S. 84th Street
between South Street and Van Dorn Street.
Fact Sheet (215K)
36) 08R-126 Comp. Plan Amendment 08004 - Amend the 2030
Lincoln-Lancaster County Comprehensive Plan to
designate land as Commercial in the Land Use
Plan and designate a new "Mixed Use Office
Center" generally in the area of S. 62nd Street
between Old Cheney Road and Highway 2.
Fact Sheet (294K)
37) 08R-127 Comp. Plan Amendment 08005 - Amend the 2030
Lincoln-Lancaster County Comprehensive Plan
Future Land Use Map to change 11 acres from
Urban Residential to Commercial and to designate
a new Neighborhood Center on the northeast
corner of N.W. 48th Street and W. Holdrege
Street.
Fact Sheet (163K)
38) 08R-128 Comp. Plan Amendment 08006 - Amend the 2030
Lincoln-Lancaster County Comprehensive Plan to
change land from Tier II and Tier I, Priority B,
to Tier I, Priority A, generally between S.W.
12th Street to S. Coddington Ave., from W.
Denton Road south to the Cardwell Branch
channel.
Fact Sheet (204K)
39) 08R-129 Comp. Plan Amendment 08009 - Amend the 2030
Lincoln-Lancaster County Comprehensive Plan to
adopt text and map changes to the Environmental
Resources and Mobility and Transportation
Chapters as related to the multi-use trails and
public transportation sections.
Fact Sheet (198K)
40) 08R-130 Comp. Plan Amendment 08011 - Amend the 2030
Lincoln-Lancaster County Comprehensive Plan by
amending various sections regarding the City's
policies on annexation and provision of
infrastructure concurrent with development.
Fact Sheet (146K)
41) 08R-131 Comp. Plan Amendment 08012 - Amend the 2030
Lincoln-Lancaster County Comprehensive Plan by
amending the County Rural Road element and the
National Functional Street and Road
Classifications maps.
Fact Sheet (110K)
42) 08R-132 Reappointing Dan Kubr, Terry Culwell, John
Sinclair, Vance Behrens, and Bruce Fischer to
the Building Code Board of Appeals for terms
expiring April 1, 2009, April 1, 2010, April 1,
2010, April 1, 2011, and April 1, 2011,
respectively.
43) 08R-133 Reappointing Ed Wimes to the City Personnel
Board for a five-year term expiring June 22,
2013.
44) 08R-134 Approving an Interlocal Agreement between the
City and County outlining construction and
maintenance responsibilities for the project
known as West Denton Road from a point 500 feet
west of S. Folsom Street to Amaranth Lane and
authorizing the Mayor to sign said agreement on
behalf of the City.
Fact Sheet (46K)
Attachment (1081K)
45) 08R-135 Approving an Interlocal Agreement between the
City and County outlining the responsibilities
for the widening and reconstruction of S. 70th
Street from 600 feet south of Country View Lane
to Yankee Hill Road and authorizing the Mayor to
sign said agreement on behalf of the City.
Fact Sheet (46K)
Attachment (531K)
46) 08R-136 Approving a Conservation Easement Agreement
between the City and Cardwell Reserve
Homeowner's Association, Inc. for the
acquisition of approximately 31.48 acres in the
Cardwell Branch floodplain south of W. Denton
Road and west of S.W. 12th Street to preserve
flood storage capacity and other natural
resources over the easement area. (Related
Items 08R-136, 08R-137)
Fact Sheet (60K)
Attachment (702K)
47) 08R-137 Approving a Conservation Easement Purchase
Agreement between Cardwell Reserve Homeowner's
Association, Inc., Reserve Development, LLC, the
City of Lincoln, and the Lower Platte South NRD
for the purchase of a conservation easement in
the Cardwell Reserve Addition area generally
located at S.W. 12th Street and W. Denton Road
to preserve the flood storage capacity and other
natural resources over the easement area.
(Related Items 08R-136, 08R-137)
Attachment (1172K)
48) 08R-138 Approving an Agreement between the Nebraska
Department of Health and Human Services and the
Lincoln-Lancaster County Health Department for
the Home Visitation Project for the Health
Department and Cedars Youth Services for a
contract term from March 1, 2008 through July
30, 2009 with an option to renew for one year
from July 1, 2009 to June 30, 2010 in an amount
up to $200,000.00.
Fact Sheet (75K)
Attachment (1344K)
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 3:47 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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