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, JULY 7, 2008 AT 1:30 P.M.

                          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)  08R-147   Reappointing Amrita Mahapatra to the Multicultural
               Advisory Committee for a term expiring September
               18, 2008.  (ADOPTED, 7-0; A-84916)

 2)  08R-148   Reappointing Dr. John S. Bonta to the Emergency
               Medical Services Inc. Board of Directors for a
               term expiring March 28, 2011.  (ADOPTED, 7-0; 
               A-84917)

 3)  08R-149   Reappointing Dr. Ameeta Martin to the Emergency
               Medical Services Inc. Board of Directors for a
               term expiring March 28, 2011.  (ADOPTED, 7-0; 
               A-84918)

 4)  08R-150   Appointing Rodney H. Hutt to the Emergency Medical
               Services Inc. Board of Directors for a term
               expiring March 28, 2011.  (ADOPTED, 7-0; 
               A-84919)
               Attachment (35K)

 5)            Clerk's Letter and Mayor's approval of Resolutions
               and Ordinances passed by City Council on June 16,
               2008.  (PLACED ON FILE)

 6)            Clerk's Letter and Mayor's approval of Resolutions
               and Ordinances passed by City Council on June 23,
               2008.  (PLACED ON FILE)

 7)            Report from City Treasurer of City Cash on hand at
               the close of business June 30, 2008.  
               (PLACED ON FILE)

 8)            Lincoln Electric System Annual Report for 2007. 
               (PLACED ON FILE)

 9)            Lincoln Water and WasteWater System Recapitulation
               of Daily Cash Receipts for the month of June 2008. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

10)            Setting the hearing date of Monday, July 21, 2008
               at 1:30 p.m. for the manager application of Jacob
               Lind for CB Holdings, Inc. dba Chasers Lounge
               located at 140 N. 12th Street.  (ADOPTED, 7-0; 
               A-84920)

11)            Setting the hearing date of Monday, July 21, 2008
               at 1:30 p.m. for the application of Down the
               Hatch, Inc. dba Down the Hatch for an addition to
               premise of their existing Class I liquor license
               adding a beer garden area approx. 40 ft. x 12 ft.
               located at 5601 NW 1st Street.  (ADOPTED, 7-0;   
               A-84921)

12)            THE FOLLOWING HAVE BEEN REFERRED ON JUNE 19, 2008 TO 
               THE PLANNING DEPARTMENT:
               Change of Zone No. 08028 - Req. by the
               Director of Planning to amend Sections 27.25.020
               and 27.25.030 of the Lincoln Municipal Code to
               allow private schools as a permitted use in the 
               O-1 Office District.
               Change of Zone No. 08029 - App. of Nebraska
               Acquisition Corp. from R-6 Residential District
               and R-7 Residential District to O-1 Office
               District on property generally located at S. 18th
               Street and K Street.
               Change of Zone No. 08030 - App. of Charles
               and Nancy Ogden amending Section 27.63.400 of the
               Lincoln Municipal Code relating to the
               preservation of a historic structure as a
               permitted special use to allow the City Council to
               grant adjustments to the height and area
               regulations of the district in which a historic
               structure is located; and repealing Section
               27.63.400 of the Lincoln Municipal Code as
               hitherto existing.
               Change of Zone No. 08031 - App. of Charles
               and Nancy Ogden to designate as a Historic
               Landmark property known as the Ogden House located
               at 1256 Fall Creek Road.
               Change of Zone No. 08033 - App. of Chateau
               Development from R-3 Residential District to R-4
               Residential District on property generally located
               at N. 56th Street and Holdrege Street.
               Change of Zone No. 08034 - Req. by the
               Director of Planning amending Section 27.69.020 of
               the Lincoln Municipal Code relating to Sign Code
               Definitions by amending the definition of pole
               sign to delete the requirement that the bottom
               edge of the sign face is ten feet or more above
               grade and to delete the reference that a pylon
               sign is a pole sign; and repealing Section
               27.69.020 of the Lincoln Municipal Code as
               hitherto existing.
               Change of Zone No. 08035 - Req. by the
               Director of Planning, amending Chapter 26.33 of
               the Lincoln Municipal Code relating to fees by
               amending Section 26.33.010 to provide that any
               person submitting an application under Title 26 of
               the Lincoln Municipal Code shall pay an
               appropriate fee therefor as established by
               resolution of the City Council; repealing Sections
               26.33.020, 26.33.030, 26.33.050, 26.33.060,
               26.33.070, 26.33.080, 26.33.090, 26.33.100, 
               26.33.110, 26.33.120, and 26.33.130 which set said
               fees by ordinance of the City Council; and
               repealing Section 26.33.010 of the Lincoln
               Municipal Code as hitherto existing.
               Special Permit No. 1174G - App. of Chateau
               Development Chateau Le Fleur Community Unit Plan
               an amendment for an additional 144 multi-family
               units with a waiver request to the landscape
               screening on property located at 6100 Vine Street.
               Special Permit No. 1624A - App. of  The Eby
               Group, for an amendment to increase the allowed
               occupancy from 46 to 57 people, on property
               generally located at S. 45th Street and Old Cheney
               Road.
               Special Permit No. 1658A - App. of Nathan
               Habel for an amendment for expansion of a non-
               standard dwelling unit on property generally
               located at S. 8th Street & Garfield
               Street.
               Special Permit No. 08026 - App. of Opusı
               Construction LLC for expansion of a non-standard
               dwelling unit on property generally located at S.
               15th Street and C Street.
               Special Permit No. 08027 - App. of Charles
               and Nancy Ogden for an addition of a carriage
               house to existing property with waiver requests to
               the rear and side yard setbacks on property
               generally located at S. 52nd Street and A Street.


13)  MISCELLANEOUS REFERRALS - NONE


                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14 
THRU 16 HAD 2ND READING)

14)  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)

15)  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)

16)  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)


PUBLIC HEARING - RESOLUTIONS

17)  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 7/7/08) (CON'T P.H. W/ACTION TO 7/28/08, 7-0)
               Fact Sheet (862K)
               Motion To Amend 1 (6K)

18)  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.  (ADOPTED, 7-0; A-84922)
               Fact Sheet (14K)
               Attachment (20K)

19)  08R-144   Approving the Fiscal Year 2008 Action Plan:  One
               Year Use of Funds for Plan for HUD Entitlement
               Programs.  (ADOPTED, 7-0; A-84923)
               Fact Sheet (110K)
               Attachment (1956K)

20)  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.  (MTA #1 ADOPTED, 7-0; ADOPTED AS 
               AMENDED, 6-0; CAMP ABSTAINING, A-84924)
               Fact Sheet (647K)
               Attachment (939K)
               Motion To Amend 1 (480K)

21)  08R-152   Approving a resolution supportive of the Lincoln-
               Lancaster County Public Building Commission in
               exploring means of financing and constructing a
               new jail facility to serve the community of
               Lancaster County and requesting a proposal setting
               forth the details of such project be submitted for
               City Council consideration and approval.  
               (ADOPTED, 5-2; COOK, MARVIN DISSENTING; A-84925)


                       - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22 
THRU 26 HAD 1ST READING)

22)  08-78     Approving a lease agreement between the City
               and First United Methodist Church/Waverly,
               for the lease of space by the Lincoln Area
               Agency on Aging for its ActivAge Center
               Program at 14410 Folkestone Street, Waverly,
               Nebraska for a one-year term from September 1, 
               2008 through August 31, 2009.
               Fact Sheet (70K)
               Attachment (86K)

23)  08-79     Approving a lease agreement between the City
               and the Asian Community & Cultural Center,
               for the lease of space by the Lincoln Area
               Agency on Aging for its ActivAge Center
               Program at 2615 O Street, Lincoln, Nebraska
               for a one-year term from September 1, 2008
               through August 31, 2009.
               Fact Sheet (71K)
               Attachment (85K)

24)  08-80     Street Name Change 08001 - Renaming Montello
               Road and South 91st Street from 84th Street
               to the existing Firethorn Lane as "Firethorn
               Lane".
               Fact Sheet (749K)

25)  08-81     Change of Zone 08024 - Application of Ryan
               Omel for a change of zone from P Public Use
               District to AG Agricultural District on
               approximately 2.7 acres generally located at
               S.W. 9th Street and W. Rokeby Road.
               Fact Sheet (591K)

26)  08-82     Approving a Sublease Agreement between the
               City and Experience Works for Experience
               Works' use in job training and employment
               services under the Workforce Investment Act
               for a term of one year from July 1, 2008 to
               June 30, 2009.
               Fact Sheet (77K)
               Attachment (1478K)


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

27)  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.  (MTA #2 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19100)
               Fact Sheet (15K)

28)  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.  (PASSED, 7-0; #19101)
               Fact Sheet (15K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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. (6/23/08 - Placed on Pending
               Indefinitely, w/con't P.H.)
               Fact Sheet (1287K)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
     PUBLIC HEARING ON MONDAY, JULY 14, 2008, AT 1:30 P.M.:
                                                 (APPROVED, 7-0)

36)  08R-156   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of June 16 - 30,
               2008.
               Fact Sheet (14K)
               Attachment (19K)

37)  08R-151   Approving a Subcontract Agreement between the City
               of Lincoln on behalf of the Lincoln-Lancaster
               County Health Department  and Cedars Youth
               Services for the Parenting Support Project for a
               term of March 1, 2008 through June 30, 2009.
               Fact Sheet (76K)
               Attachment (632K)

38)  08R-153   Special Permit 08023 - Application of Jeffery and
               Elizabeth Kohout for an early childhood care
               facility in a dwelling not used for a residence,
               with a request to reduce the required number of
               parking stalls, on property generally located at
               S. 16th Street and Smith Street (2640 S. 16th
               Street).
               Fact Sheet (325K)

39)  08R-155   Approving and Agreement between the City of
               Lincoln and the University of Nebraska-Lincoln to
               conduct stormwater quality monitoring to meet the
               requirements of the City's NPDES stormwater permit
               for a period of July 1, 2008 through December 31,
               2008.
               Fact Sheet (13K)
               Attachment (862K)

40)  08R-157   Approving the City of Lincoln Redevelopment
               Agreement (Rosewood Project) between the City and
               B&J Partnership LTD relating to the redevelopment
               of property generally located at 2301 N.W. 12th
               Street for construction of 22,000 sq. ft. for
               commercial space.
               Fact Sheet (89K)
               Attachment (1270K)

41)  08R-158   Approving a request to the City Audit Advisory
               Board pursuant to Chapter 4.66 of the Lincoln
               Municipal Code to consider the appropriateness and
               desirability of performing an audit of the City's
               fund account balances.
               Fact Sheet (13K)


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  4:25 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