City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 9, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
JUNE 30TH DUE TO THE JULY 4TH HOLIDAY
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF APRIL 2008
AWARDED TO POLICE OFFICER MATTHEW FRANKEN OF THE CRIMINAL INVESTIGATIONS UNIT
OF THE POLICE DEPARTMENT IN THE CATEGORIES OF PRODUCTIVITY AND SAFETY.
PRESENTATION BY LINCOLN POLICE CHIEF TOM CASADY
2008 JUSTICE ASSISTANCE GRANT
(Public Comments Are Welcomed)
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-123 Appointing James W. Partington to the Lincoln-
Lancaster County Planning Commission to complete
the remainder of a term expiring September 24,
2013. (ADOPTED, 7-0; A-84878)
Attachment (191K)
2) 08R-124 Reappointing Georgia Glass to the Lincoln
Housing Authority Board for a five-year term
expiring July 1, 2013. (ADOPTED, 7-0; A-84879)
3) 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. (ADOPTED, 7-0; A-84880)
4) 08R-133 Reappointing Ed Wimes to the City Personnel
Board for a five-year term expiring June 22,
2013. (ADOPTED, 7-0; A-84881)
5) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended April 30,
2008. (ADOPTED, 7-0; A-84882)
6) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for the month of May
2008. (PLACED ON FILE)
7) Report from City Treasurer of Telecommunications
Occupation Tax for 1st Quarter 2008: Reliance,
Matrix, T-Mobile Central, IDT, Startec Global
Operating, Caused Based Commerce, Southwest, PNG,
AccessLine, Who's Callling, Air Cell, Aire Spring,
Comtel, Helio; March 2008: Windstream
Nebraska #150, Windstream Nebraska #494, New
Cingular, Nebraska Technology & Telecomm.,
Windstream Systems of the Midwest #522, Cricket,
USCOC of Greater Iowa, TWC Digital Phone,
Verizon - Bell Atlantic, McLeod USA, Virgin
Mobile USA, Verizon Select Services, OnStar,
Cincinnati Bell Any Distance, Broadwing, VCN,
Trans National, Airnex, Global Crossing, Qwest,
USCOC of NE/KS, Primus, ACN, Business Prod.
Solutions, CIMCO, Working Assets Funding Service,
Telecorp, Guaranteed Phone Service, Norstan Network,
KDDI America, IBM Global, Ton Services, Quatum Shift,
Andiamo, TracFone, Advanced Tel, Intellicall
Operator, LDMI, XO Comm., New Edge Network,
VoiceCom, Global Star USA, Broadband Dynamics,
EarthLink; April, 2008: Alltel Comm. of
Nebraska, AT&T Comm. of Midwest, MCI, Sprint
Spectrum, WWC License, D&D, Nextel, Lightyear
Network Solutions, Tri-M, Acceris, Talk America,
First Communications, Globalcom, NOSVA, Network
Billing Systems, Zone Telecom, GTC Telecom,
Enhanced Comm., TCG Omaha, BT Americas,
360networks, NOS, Unite Private Networks, SBC
Long Distance, Covista, ATS Mobile Telephone.
(PLACED ON FILE)
8) Report from City Treasurer of E911 Occupation
Tax for the 1st Quarter 2008: TWC Digital Phone;
April 2008: AT&T Comm. of Midwest - North
Platte Nebraska, Budget Prepay, Qwest, Comtel
Telcom Assets, Level 3 Comm., TWC Digital Phone.
(PLACED ON FILE)
9) Report from City Treasurer of Franchise Tax for
the month of April 2008 from Aquila.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) Setting the hearing date of Monday June 16, 2008
at 1:30 p.m. for the Application of Rojo's
Goods, Inc. dba Rojo's Goods for a Class D
liquor license located at 824 P Street, Suite
100. (ADOPTED, 7-0; A-84883)
11) Setting the hearing date of Monday June 23, 2008
at 5:30 p.m. for the Application of Sapna, Inc.
dba Sapna Bar for a Class I liquor license
located at 1819 O Street. (ADOPTED, 7-0; A-84884)
12) Setting the hearing date of Monday June 23, 2008
at 5:30 p.m. for the Application of Sidewinders,
Inc. dba Sidewinders for a Class C liquor
license located at 1644 O Street.
(ADOPTED, 7-0; A-84885)
13) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 08024 - App. of Ryan
and Jennifer Omel for a change from P Public Use
District to AG Agricultural District on property
generally located at SW 9th Street and
Rokeby Road.
Change of Zone No. 08025 - App. of
Design Associates of Lincoln, Inc. for a change
from AG Agricultural District to H-4 General
Commercial District on property generally
located at N. 84th Street and Havelock
Avenue.
Special Permit Nox. 1748A - App. of
Nebraska Nursery & Color Gardens for an
amendment to delete the hours of operation for
the garden center located at S. Coddington
Avenue and W. Burnham Street. The Planning
Commission action is final action unless
appealed to the City Council.
Special Permit No. 08022 - App. of
United Lutheran Church to increase parking area
on property generally located at Hartley Street
and Touzalin Avenue.
Special Permit No. 08023 - App. of
Jacquelyn Wright dba Little Feet Academy for an
early childhood care facility and a waiver
request to reduce the number of required parking
stalls on property generally located at S. 16th
Street and Smith Street.
Special Permit No. 08024 - App. of Matt
and Paige Roberts for expansion of a nonstandard
dwelling on property generally located at Cedar
Ave. and Woodsdale Blvd. (3121 Cedar Avenue).
The Planning Commission action is final action
unless appealed to the City Council.
Special Permit No. 08025 - App. of
Design Associates of Lincoln, Inc. for a Planned
Service Commercial development in the H-4
General Commercial District to allow a hotel,
restaurant and retail space on property
generally located at N. 84th Street and
Havelock Avenue. The Planning Commission action
is final action unless appealed to the City
Council.
14) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15
THRU 19 HAD 2ND READING, SEE ITEMS 16 & 17)
15) 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)
16) 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) (PLACED ON PENDING, NO DATE CERTAIN, 7-0)
Fact Sheet (232K)
17) 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) (PLACED ON PENDING, NO DATE CERTAIN, 7-0)
Fact Sheet (291K)
18) 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)
19) 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)
PUBLIC HEARING - RESOLUTIONS
20) 08R-117C 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. (6/2/08 - Claim of Bradley Hersel
con't. P.H. w/Action to 6/9/08)
(ADOPTED, 7-0; A-84886)
Fact Sheet (14K)
Attachment (19K)
21) 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. (CON'T P.H. IN 1 WEEK
TO 6/16/08, 7-0)
Fact Sheet (82K)
22) 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.
(ADOPTED, 7-0; A-84887)
Fact Sheet (215K)
23) 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.
(ADOPTED, 7-0; A-84888)
Fact Sheet (294K)
24) 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. (ADOPTED, 7-0; A-84889)
Fact Sheet (163K)
25) 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. (ADOPTED, 7-0; A-84890)
Fact Sheet (204K)
26) 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. (ADOPTED, 7-0;
A-84891)
Fact Sheet (198K)
27) 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.
(ADOPTED, 7-0; A-84892)
Fact Sheet (146K)
28) 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. (ADOPTED, 7-0; A-84893)
Fact Sheet (110K)
29) 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. (ADOPTED, 7-0; A-84894)
Fact Sheet (46K)
Attachment (1081K)
30) 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.
(ADOPTED, 7-0; A-84895)
Fact Sheet (46K)
Attachment (531K)
31) 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) (ADOPTED, 7-0; A-84896)
Fact Sheet (60K)
Attachment (702K)
32) 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)
(ADOPTED, 7-0; A-84897)
Attachment (1172K)
33) 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. (AMENDED, 7-0; ADOPTED AS
AMENDED, 7-0; A-84898)
Fact Sheet (75K)
Attachment (1344K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 34
THRU 36 HAD 1ST READING)
34) 08-67 Vacation No. 06010 - Vacating Sunny Slope
Road east of Avon Lane.
35) 08-70 Approving a lease agreement between the
City and Dittmer & Dittmer of Crete,
Nebraska, for the lease of office space by
the Lincoln Area Agency on Aging for its
Lincoln Information for the Elderly (LIFE)
Program at 1005 E. Highway 33, Suite 6,
Crete, Nebraska for a term of May 1, 2008
through May 31, 2009.
Fact Sheet (350K)
Attachment (89K)
36) 08-71 Approving a lease agreement between the
City and Mueller/Bigert Rentals for the
lease of office space by the Lincoln Area
Agency on Aging for its Lincoln Information
for the Elderly (LIFE) Program at 137 N.
8th Street, Geneva, Nebraska, for a term
July 1, 2008 through June 30, 2009.
Fact Sheet (75K)
Attachment (89K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
37) 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)
(PASSED, 7-0; #19092)
Fact Sheet (157K)
38) 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)
(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0;
A-84899)
Fact Sheet (593K)
Motion To Amend 1 (7K)
39) 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.
(PASSED, 5-2; CAMP, SVOBODA
DISSENTING; #19093)
Fact Sheet (92K)
PENDING LIST - DATE CERTAIN
40) 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)
41) 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.
(6/2/08 - Action Delayed to 6/16/08)
Fact Sheet (494K)
Attachment (2017K)
PENDING LIST (EXTENDED ONE WEEK, SEE ITEM #46)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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) (REMOVED FROM PENDING TO HAVE
P.H. W/ACTION ON 7/7/08, 7-0)
Fact Sheet (862K)
Motion To Amend 1 (6K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 16, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
47) 08R-139 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 16 - 31,
2008.
Fact Sheet (14K)
Attachment (21K)
48) 08R-140 Approving the City of Lincoln Redevelopment
Agreement (Washington Square) between the City
and Washington Square LLC relating to the
redevelopment of property generally located
at 1531 S. 19th Street and 1541 S. 19th Street
for construction of 16 single family dwellings
for owner occupancy.
Attachment (666K)
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 (6/18/08) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 6/23/08.
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 3:52 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.
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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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