City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 14, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JUNE, 2008 WAS AWARDED
TO JOYCE KUBICEK OF THE LINCOLN AREA AGENCY ON AGING/LIFE DEPT. FOR
THE CATEGORY OF CUSTOMER RELATIONS AND VALOR.
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) Report from City Treasurer of Franchise tax for
the month of May, 2008 from Aquila. (PLACED ON
FILE)
2) Report from City Treasurer of Telecommunication
Occupation Tax for the April, 2008: ACN, USCOC
of Greater Iowa, TWC Digital Phone, Windstream
of Nebraska, Windstream Systems of the Midwest,
Nebraska Technology & Telecomm., Sprint, New
Cingular Wireless, Primus, Broadwing, OnStar,
Qwest, USCOC of NE/KS, Verizon Select, Verizon-
Bell Atlantic, Virgin Mobile USA, Wholesale
Carrier, Telecorp, ACN, VCN, Trans National,
Global Crossing, McLeod USA, Working Assets,
Broadband Dynamics, Business Products Solutions,
CIMCO, TON Services, IBM Global, LDMI, KDDI
America, Quantum Shift, Norstan Network,
EarthLink, VoiceCom, Intellicall Operator,
Andiamo, Advanced Tel, XO Comm., Global Star
USA, New Edge Network, Cincinnati Bell Any
Distance; May, 2008: Unite Private Networks, TCG
Omaha, Acceris, BT Americas, NOSVA Limited, SBC
Long Distance, Talk America, 360Networks (USA),
First Communications, GlobalCom, LDMI, ATS
Mobile, Covista, NOS, Zone Telecom, Enhanced,
GTC, Lightyear Network, TRI-M, D&D, AAT&T Comm.
of Midwest, Alltel, Alltel Comm. of NE, Comtel
Telcom Assets, ACN, Budget Prepay, Qwest, Level
3, Level 3, TWC Digital Phone, AT&T of Midwest;
June, 2008: AT&T of Midwest, Shaffer. (PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
3) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 08026 - Request of
Planning Director from P Public Use, I-1, B-3
and R-6, R-7, and R-8 to B-4 and from I-7 and
R-6 to P Public Use District in the Antelope
Valley area generally from K Street to Vine
Street, from 18th to 23rd Street.
Change of Zone 08027 - Request of
Planning Director for proposed text
amendments to Title 27 of the Lincoln
Municipal Code (Zoning Ordinance) relating
to the B-4 Lincoln Center Business District
and O-1 Office District, and related
amendments relating to Signs, Special
Permits, and Parking in the B-4 Lincoln
Center Business District.
Change of Zone 08032 - Request of
Whitehead Oil Company, from R-6 to B-3 located
at 21st and K Streets.
Change of Zone 08036 - Request of Boyce
Construction, Inc., from R-2 Residential
District to R-5 Residential District, on
property legally described as the east 168' of
Lot 16, Highland Place and the North ½ of
vacated Holltorf Street, except the east 17'
abutting thereon, all located in the NE 1/4 of
Section 11-10-6, Lancaster County, Nebraska,
generally located at N. 14th Street and
Superior Street.
Special Permit 08029 - Request of Richard
Reier, for expansion of a non-conforming
dwelling unit into a required front yard to
enclose the existing deck, on property legally
described as Lot 7, Block 7, Battlecreek
Addition to College View, located in the SW 1/4
of Section 4-9-7, Lancaster County, Nebraska,
generally located at S. 58th and Stockwell
Streets (5750 Stockwell Street). The
Planning Commission action is final action,
unless appealed to the City Council.
Special Permit 08031 - Request of
Whitehead Oil Company, for the authority to sell
alcohol beverages for consumption off the
premises on property generally located at S.
21st Street and K Street.
4) Setting the hearing date of Monday, July 28,
2008, at 5:30 p.m. for the Application of Lazlo,
Inc. dba Fireworks Restaurant to expand its
licensed premises by the addition of a Sidewalk
Cafe‚ located at 5750 S. 86th Dr. (ADOPTED, 7-0;
A-84926)
5) Setting the Hearing Date of Monday, July 28,
2008 at 5:30 p.m. for Application of Husker
Management, Inc. dba Holiday Inn Express Suites
for a Class I liquor license located at 8801
Amber Hill Ct. (ADOPTED, 7-0; A-84927)
6) Setting a Hearing Date of Monday, July 28, 2008
at 5:30 p.m. for the Application of LNK Lodging
LLC dba Holiday Inn Express & Suites Lincoln
Airport for a Class I liquor license located at
1101 W. Commerce Way.(ADOPTED, 7-0; A-84928)
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Hummerz Bar & Grill, Inc. dba
Hummerz Bar & Grill for a Class I liquor license
at 501 West A Street, Suite 103.(ADOPTED FOR
APPROVAL, 5-2; COOK, MARVIN DISSENTING; A-84929)
9) Manager application of Luis D. Garay for Hummerz
Bar & Grill, Inc. dba Hummerz Bar & Grill at 501
West A Street, Suite 103.(ADOPTED FOR APPROVAL,
5-2; COOK, MARVIN DISSENTING; A-84930)
10) Application of Midtown Drifters Inc. dba
Drifters for a Class C liquor license at 3223
Cornhusker Highway.(ADOPTED FOR APPROVAL,
7-0; A-84931)
11) Manager application of Eugene F. Flynn for
Midtown Drifters Inc. dba Drifters at 3223
Cornhusker Highway.(ADOPTED FOR APPROVAL,
7-0; A-84932)
12) Application of Gilberto Reyes Jr. dba Reyes Club
for a Class I liquor license at 2608 Park
Boulevard.(ADOPTED FOR APPROVAL, 7-0;
A-84933)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 13 THRU 17 HAD 2ND READING.)
13) 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)
14) 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)
15) 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)
Motion To Amend 1 (6K)
16) 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)
17) 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)
PUBLIC HEARING - RESOLUTIONS
18) 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.(ADOPTED, 7-0; A-84934)
Fact Sheet (14K)
Attachment (19K)
19) 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.(ADOPTED, 7-0; A-84935)
Fact Sheet (76K)
Attachment (632K)
20) 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).(ADOPTED, 7-0; A-84936)
Fact Sheet (325K)
21) 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.(ADOPTED, 7-0; A-84937)
Fact Sheet (13K)
Attachment (862K)
22) 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.(ADOPTED, 7-0; A-84938)
Fact Sheet (89K)
Attachment (1270K)
23) 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.(AMENDED, 7-0;
ADOPTED SUBSTITUTE, 7-0; A-84939)
Fact Sheet (13K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 35 HAD 1ST READING.)
24) 08-83 Change of Zone 08028 - Amending Title 27 of
the Lincoln Municipal Code, the Zoning
Code, by amending Section 27.25.020 to
allow private schools as a permitted use in
the O-1 Office District; amending Sections
27.25.030 and 27.63.075 to delete private
schools as a permitted special use in the
O-1 Office District; and repealing Sections
27.25.020, 27.25.030 and 27.63.075 of the
Lincoln Municipal Code as hitherto existing.
Fact Sheet (87K)
25) 08-84 Change of Zone 08029 - Application of
Nebraska Acquisition Corp. (Kaplan
University) for a change of zone from R-6
Residential District and R-7 Residential
District to O-1 Office District, on
approximately 3.0 acres generally located
at the southeast corner of S. 18th Street
and K Street.
Fact Sheet (644K)
26) 08R-163 Approving the Development and Conditional Zoning
Agreement between the City and Whitehead Oil
Company relating to the development of property
generally located at South 21st Street and K
Street. (Related Items: 08R-163, 08-85)
(Action Date: 7/28/08)
Fact Sheet (13K)
Attachment (18K)
27) 08-85 Change of Zone 08032 - Application of
Whitehead Oil Company for a change of zone
from R-6 Residential District to B-3
Commercial District on approximately 1.47
acres generally located at S. 21st Street
and K Street. (Related Items: 08R-163,
08-85)
Fact Sheet (757K)
28) 08-86 Change of Zone 08033 - Application of
Chateau Properties, LLC, for a change of
zone from R-2 and R-3 Residential Districts
to R-4 and R-5 Residential Districts; from
R-3 Residential to R-2 Residential
District; and from R-5 Residential District
to R-4 Residential District, on
approximately 81.24 acres generally located
at North 56th Street and Holdrege Street to
North Cotner Blvd. and Vine Street.
(Related Items: 08-86, 08R-159)
Fact Sheet (774K)
29) 08R-159 Special Permit 1174G - Application of Chateau
Development, LLC, to expand the Chateau Le
Fleur/Charleston Court Community Unit Plan to
add 144 multiple-family dwelling units, on
property generally located at North 56th Street
and Holdrege Street to Cotner Blvd. and Vine
Street. (Related Items: 08-86, 08R-159)
(Action Date: 7/28/08)
Fact Sheet (1159K)
30) 08-87 Change of Zone 08034 - 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.
Fact Sheet (1101K)
31) 08-88 Approving the lease agreement between the
City and Erin Alm of Wahoo, Nebraska, for
the lease of office space by the Lincoln
Area Agency on Aging for its Lincoln
Information for the Elderly (LIFE) Program
at 1325 N. Chestnut St., Wahoo, NE 68066
for a term of July 1, 2008 through June 30,
2009.
Fact Sheet (70K)
Attachment (106K)
32) 08R-160 Approving a Memorandum of Understanding between
the City and the Lancaster County Agricultural
Society relating to the annexation of
approximately 160 acres of property generally
located at North 84th Street and Havelock Ave.
(Related Items: 08R-160, 08R-161, 08-89,
08-90) (Action Date: 7/28/08)
Fact Sheet (13K)
Attachment (21K)
33) 08R-161 Comp. Plan Amendment 08014 - Amending the 2030
Lincoln/Lancaster County Comprehensive Plan to
designate land located at the southeast corner
of North 84th Street and Havelock Ave. as
Commercial in the Land Use Plan. (Related
Items: 08R-160, 08R-161, 08-89, 08-90)
(Action Date: 7/28/08)
Fact Sheet (172K)
34) 08-89 Annexation 08004 - Application of Lancaster
County Agricultural Society, Inc. to amend
the Lincoln Corporate Limits Map by
annexing approximately 29.07 acres of
property generally located at North 84th
Street and Havelock Ave. (Related
Items: 08R-160, 08R-161, 08-89, 08-90)
Fact Sheet (376K)
Attachment (63K)
35) 08-90 Change of Zone 08025 - Application of
Lancaster County Agricultural Society, Inc.
for a change of zone from AG Agricultural
District to H-4 General Commercial District
on property generally located at the
southeast corner of North 84th Street and
Havelock Ave. (Related Items: 08R-160,
08R-161, 08-89, 08-90)
Fact Sheet (365K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
36) 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.
(PASSED, 7-0; #19102)
Fact Sheet (9K)
Attachment (1645K)
37) 08R-143 Approving the Development and Conditional Zoning
Agreement between the City and Whitehead Oil Co.
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)(ADOPTED, 7-0; A-84940)
Fact Sheet (8K)
Attachment (11K)
38) 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)
(PASSED, 7-0; #19103)
Fact Sheet (230K)
PENDING LIST - DATE CERTAIN
39) 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
- Cont'd P.H. w/Action on 4/14/08)(4/14/08 -
Cont'd P.H. w/ Action to 4/28/08)(4/28/08-
Cont'd 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)
(7/7/08 - P.H. & Action cont'd to
7/28/08)
Fact Sheet (862K)
Motion To Amend 1 (6K)
PENDING LIST (EXTENDED ONE WEEK)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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 21, 2008, AT 1:30 P.M.:
NONE
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.
Wayne Anderson - Noise level of music played at the
Bethany swimming pool during operating hours.
(UNABLE TO ATTEND CITY COUNCIL MEETING)
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 2:44 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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