City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 23, 2008 AT 5:30 P.M.
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
JUNE 30TH DUE TO THE JULY 4TH HOLIDAY
ALL MEMBERS PRESENT
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) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
June 9, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the Hearing date of Monday, July 14,
2008 at 1:30 p.m. for the Application of Midtown
Drifters, Inc. dba Drifters for a Class C liquor
license located at 3223 Cornhusker Hwy.
(ADOPTED, 7-0; A-84905)
3) Setting the Hearing Date of Monday, July 14,
2008 at 1:30 p.m. for the Application of Wiyual
Ruach dba Johnny Disco for a Class I liquor
license located at 2615 O Street.
(ADOPTED, 7-0; A-84906)
4) Setting the Hearing Date of Monday, July 14,
2008 at 1:30 p.m. for the Application of Hummerz
Bar & Grill, Inc. dba Hummerz Bar & Grill for a
Class I liquor license located at 501 West A
Street, Ste. 103.(ADOPTED, 7-0; A-84907)
5) Setting the Hearing Date of Monday, July 14,
2008 at 1:30 p.m. for the Application of Reyes
Club for a Class I liquor license located at
2608 Park Blvd.(ADOPTED, 7-0; A-84908)
6) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Rojo's Goods Inc. dba Rojo's
Goods for a Class D liquor license at 824 P
Street, Suite 100. (6/16/08 - Con't P.H.
w/Action to 6/23/08) (ADOPTED, 6-0;
CAMP ABSTAINED; A-84909)
8) Manager application of Christy E. McMahan for
Rojo's Goods Inc. dba Rojo's Goods at 824 P
Street, Suite 100. (6/16/08 - Con't P.H.
w/Action to 6/23/08)(ADOPTED, 6-0; CAMP
ABSTAINED; A-84910)
9) Application of SAPNA Inc. dba Sapna Bar for a
Class I liquor license at 1819 O Street.
(ADOPTED, 7-0; A-84911)
10) Manager application of Mehmed Omerovic for SAPNA
Inc. dba Sapna Bar at 1819 O Street.
(ADOPTED, 7-0; A-84912)
11) Application of Sidewinders Inc. dba Sidewinders
for a Class C liquor license at 1644 O Street.
(ADOPTED, 7-0; A-84913)
12) Manager application of Debra L. Pelsor for
Sidewinders Inc. dba Sidewinders at 1644 O
Street. (ADOPTED, 7-0; A-84914)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 13 THRU 15 HAD 2ND READING; SEE ITEM 14)
13) 08-72 Amending Section 9.16.145 of the Lincoln
Municipal Code relating to possession of
one ounce or less of marijuana to revise
the penalties for such offense to conform
to those enumerated by Neb. Rev.
Stat. § 28-415(13), as amended,
effective July 18, 2008, and repealing
Section 9.16.145 as hitherto existing.
Fact Sheet (15K)
14) 08-73 Change of Zone No. 08022HP - Application of
Danja Pegram Siders, on behalf of Aginvest
LLC, to designate the Dr. Slattery House at
5230 North 14th Street as a historic
landmark.(PLACED ON PENDING INDEFINITELY
WITH CONTINUED PUBLIC HEARING, 7-0)
Fact Sheet (1287K)
15) 08-74 Amending Section 21.48.030 of the Lincoln
Municipal Code relating to penalties for
violations of the Lincoln Housing Code to
increase the fine for first offenses from
$25.00 to $200.00, for second offenses from
$50.00 to $250.00, and for third offenses
and each offense thereafter from $100.00 to
$300.00, and repealing Section 21.48.030 as
hitherto existing.
Fact Sheet (15K)
PUBLIC HEARING - RESOLUTIONS
16) 08R-142 Approving a joint City-County three-year
agreement with Thomson West for electronic legal
research for a period of July 1, 2008 through
June 30, 2011 for a flat monthly fee for 85
users in the City Attorney's Office, County
Attorney's Office, Public Defenders' Office and
Corrections.(ADOPTED, 7-0; A-84915)
Fact Sheet (9K)
Attachment (1005K)
APPEAL OF PUBLIC DANCE PERMIT AND SPECIAL DESIGNATED LIQUOR LICENSE (SDL)
17) Appeal of Lindsay Kroger dba Down The Hatch,
5601 NW 1st Street of the denial of an
outdoor event on July 19, 2008, from 7:00 p.m.
to 1:00 a.m. including a one-day public dance
permit and a Special Designated License due to
noncompliance of zoning on property located at
5601 NW 1st Street.(WITHDRAWN, 7-0; #38-4574)
Attachment 1 (324K)
Attachment 2 (750K)
Attachment 3 (322K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 20 HAD 1ST READING)
18) 08-75 Approving the Master Fiber IRU Conveyance
and Conduit Sharing Agreement for a term of
20 years between the City and Unite Private
Networks for the placement and sharing of
network facilities on City right-of-way.
Fact Sheet (9K)
Attachment (1645K)
19) 08R-143 Approving the Development and Conditional Zoning
Agreement between the City and Whitehead Oil
Company for the development of the property
generally located at S. 33rd and A Streets
subject to restrictions on access to A Street,
uses, lighting, and signage to be compatible
with the adjacent residential neighborhood.
(Related Items: 08R-143, 08-76) (Action Date:
7/14/08)
Fact Sheet (8K)
Attachment (11K)
20) 08-76 Change of Zone 08023 - Application of
Whitehead Oil Co. for a change of zone from
R-2 Residential District to B-3 Commercial
District on approximately .13 acres
generally located northwest of S. 33rd and
A Streets. (Related Items: 08R-143, 08-76)
Fact Sheet (230K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
21) 08-67 Vacation No. 06010 - Vacating Sunny
Slope Road east of Avon Lane.(AMENDED #2, 7-0;
PASSED AS AMENDED, 7-0; #19097)
Motion To Amend 1 (7K)
Fact Sheet (350K)
22) 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.
(PASSED, 7-0; #19098)
Fact Sheet (75K)
Attachment (89K)
23) 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.
(AMENDED #1, 7-0; PASSED AS
AMENDED, 7-0; #19099)
Fact Sheet (75K)
Attachment (89K)
PENDING LIST - DATE CERTAIN
24) 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) (6/9/08 -
Removed from Pending to have P.H. on 7/708)
Fact Sheet (862K)
Motion To Amend 1 (6K)
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)
29) 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) (6/9/08 - Placed on Pending,
No Date Certain)
Fact Sheet (232K)
30) 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) (6/9/08 - Placed on Pending,
No Date Certain)
Fact Sheet (291K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 7, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
31) 08R-146 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 1 - 15,
2008.
Fact Sheet (14K)
Attachment (20K)
32) 08R-144 Approving the Fiscal Year 2008 Action Plan :
One Year Use of Funds for Plan for HUD
Entitlement Programs.
Fact Sheet (110K)
Attachment (1956K)
33) 08R-145 Approving and adopting a proposed amendment to
the Lincoln Center Redevelopment Plan for the
North Haymarket Mixed-Use Redevelopment Area,
Phase II of the North Haymarket Arts and
Humanities Center Block, for the redevelopment
of an existing publicly owned building, the
demolition of an existing warehouse and
reconstruction as a mixed-use building with
retail and hotel on property described as Lots 1
and 2, The Arts & Humanities Block Addition.
Fact Sheet (647K)
Attachment (939K)
34) 08R-147 Reappointing Amrita Mahapatra to the
Multicultural Advisory Committee for a term
expiring September 18, 2008.
35) 08R-148 Reappointing Dr. John S. Bonta to the Emergency
Medical Services Inc. Board of Directors for a
term expiring March 28, 2011.
36) 08R-149 Reappointing Dr. Ameeta Martin to the Emergency
Medical Services Inc. Board of Directors for a
term expiring March 28, 2011.
37) 08R-150 Appointing Rodney H. Hutt to the Emergency
Medical Services Inc. Board of Directors for a
term expiring March 28, 2011.
Attachment (35K)
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 (7/9/08) PRIOR
TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 7/14/08.
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 JULY ARE THE
14TH AND THE 28TH .
ADJOURNMENT 6:53 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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