City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 21, 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) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended May 31, 2008.
(ADOPTED, 7-0; A-84941)
2) Setting the hearing date of Monday, August 18,
2008, at 1:30 p.m. for the Show Cause Hearing on
the revocation of the Class CK liquor license of
Roboco, Inc. dba Wasabi, 114 South 14th Street
for failure to comply with Section 5.04.035
Server Education. (APPROVED, 7-0)
3) Report of Nebraska Department of Roads 2009-2014
Surface Transportation Program. (PLACED ON FILE)
4) Clerk's Letter and Mayor's approval of
Resolutions and Ordinances passed by City
Council on July 7, 2008. (PLACED ON FILE)
5) Clerk's Letter and Mayor's approval of
Resolutions and Ordinances passed by City
Council on July 14, 2008. (PLACED ON FILE)
6) Report from City Treasurer of E911 Surcharge for
the Month of June 2008: AT&T Communications of
Midwest. (PLACED ON FILE)
7) Report from City Treasurer of Telecommunications
Occupation Tax for 2nd Quarter 2008:
Digizip.com, Inc.; June 2008: ATS Mobile
Telephone Co., Inc., Covista, Inc., WWC License,
LLC dba Alltel. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 08037 - App. of Joy
Shiffermiller from R-7 Residential District to
O-1 Office District on property generally
located at S. 10th Street and G Street.
Special Permit No. 08032 - App. of
Steffen Construction for expansion of a
nonstandard single family residence into the
side yard setback on property located at 3317 C
Street.
Special Permit No. 08033 - App. of Justin
Couch for expansion of a nonstandard dwelling
unit into the front yard setback on property
generally located at SW 56th Street and W.
Claire Avenue.
Special Permit No. 08034 - App. of
Whispering Meadows, L.L.C., Whispering Meadows
Community Unit Plan for approximately 238 single
family lots with requests to waive minimum lot
area, sanitary sewer to flow against the grade
on property generally located at SW 27th Street
and West A Street.
Use Permit No. 80B - App. of the
University of Nebraska Foundation for an
amendment to revise the site plan on property
generally located at NW 1st Street and W.
Highlands Boulevard.
Use Permit No. 132B - App. of Capital
Humane Society, Inc. for an amendment to the
Willowbrook use permit to include nonprofit
religious, educational, and philanthropic
institutions to allow the Capital Humane Society
to build a second animal shelter on property
generally located at S. 70th Street and Nebraska
Highway 2.
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
10) Application of Down the Hatch Inc. dba Down the
Hatch for the addition of a beer garden area
measuring approximately 40 ft. by 12 ft. at the
licensed premises at 5601 N.W. 1st Street.
(ADOPTED, 7-0; A-84942)
11) Manager application of Jacob Lind for CB
Holdings Inc. dba Chasers Lounge at 140 N. 12th
Street. (ADOPTED, 6-1; SVOBODA DISSENTING;
A-84943)
12) Application of Lincoln Pub Group, Inc. dba
N-Zone for a special designated license covering
an outdoor area measuring approximately 65' by
50' immediately adjacent to its licensed
premises located at 728 1/2 Q Street on August
29; September 5, 12, 26; October 3, 24; November
7, 27, 2008 from 6:00 p.m. to 1:00 a.m. and
August 30; September 6, 13, 27; October 4, 25;
November 8, 28, 2008 from 8:00 a.m. to 1:00 a.m.
(ADOPTED, 7-0; A-84944)
13) Application of 55 Degrees Inc. dba Bread & Cup
for a special designated license covering an
outdoor area measuring approximately 122' by 15'
immediately adjacent to its licensed premises
located at 440 N. 8th Street on September 27 and
October 4, 2008 from 8:00 a.m. to 1:00 a.m.
(ADOPTED, 7-0; A-84945)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 25 HAD 2ND READING, SEE ITEMS 22 THRU 25)
14) 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)
15) 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)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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) (CON'T P.H. TO 8/18/08
W/ACTION ON 8/25/08, 7-0)
Fact Sheet (13K)
Attachment (21K)
23) 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) (CON'T P.H. TO 8/18/08
W/ACTION ON 8/25/08, 7-0)
Fact Sheet (172K)
24) 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)
(CON'T P.H. TO 8/18/08 W/ACTION ON 8/25/08, 7-0)
Fact Sheet (376K)
Attachment (63K)
25) 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) (CON'T P.H. TO 8/18/08
W/ACTION ON 8/25/08, 7-0)
Fact Sheet (365K)
PUBLIC HEARING - RESOLUTIONS
NONE
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 26
THRU 32 HAD 1ST READING)
26) 08-77 Amending Chapter 14.54 of the Lincoln
Municipal Code relating to Occupancy Above
or Below Public Property to permit fences
and retaining walls on City property under
the terms and conditions set forth in said
chapter by amending Section 14.54.010 to
add definitions for fence and retaining
wall and to amend the definition of owner;
amending Section 14.54.020 to remove the
requirement that City Council approve
permits; amending Section 14.54.030 to
provide the procedure for applying for
fence and retaining wall permits, to allow
Public Works to set an application fee for
uses of public space other than fences or
retaining walls, and to provide for an
appeal to City Council for denied
applications; adding a new section numbered
14.54.035 to provide standards and
conditions for fences and retaining walls;
amending Section 14.54.040 to exclude
fences and retaining walls from the
insurance and bond requirements; amending
Section 14.54.070 to amend the permit
revocation process and to provide for an
appeal to City Council for revoked permits;
amending Section 14.54.080 to include
fences and retaining walls in the
application of this chapter; amending
Section 14.54.090 to amend the fee for use
of public space; and repealing Sections
14.54.010, 14.54.020, 14.54.030, 14.54.040,
14.54.070, 14.54.080, and 14.54.090 of the
Lincoln Municipal Code as hitherto
existing.
Fact Sheet (16K)
27) 08-91 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.
(Related Items: 08-91, 08-92, 08-93,
08R-168)
Fact Sheet (23K)
28) 08-92 Change of Zone 08035 - Amending Chapter
27.80 of the Lincoln Municipal Code
relating to fees by amending Section
27.80.010 to require any person submitting
an application under Title 27 of the
Lincoln Municipal Code to pay an
appropriate fee therefor as established by
resolution of the City Council; repealing
Sections 27.80.020, 27.80.025, 27.80 030,
27.80.040, 27.80.060, 27.80.070, 27.80.080,
27.80.090, 27.80.100, 27.80.105, 27.80.110,
27.80.125, 27.80.130, and 27.80.140, which
set said fees by ordinance of the City
Council; and repealing Section 27.80.010 of
the Lincoln Municipal Code as hitherto
existing. (Related Items: 08-91, 08-92,
08-93, 08R-168)
Fact Sheet (23K)
29) 08-93 Amending Section 14.20.020 of the Lincoln
Municipal Code relating to vacation of
public ways to provide that the application
fee shall be in the amount established by
resolution of the City Council; and
repealing Section 14.20.020 of the Lincoln
Municipal Code as hitherto existing.
(Related Items: 08-91, 08-92, 08-93,
08R-168)
Fact Sheet (8K)
30) 08R-168 Adopting the Fee Schedule for application
reviews under Chapter 14.20, Title 26, and Title
27 of the Lincoln Municipal Code and amendments
to the Lincoln-Lancaster County Comprehensive
Plan. (Related Items: 08-91, 08-92, 08-93,
08R-168) (Action Date: 8/4/08)
Fact Sheet (12K)
31) 08-94 Vacation 08001 - Vacating the north/south
alley in the block between Fremont Street
and Hartley Street and Touzalin Avenue and
N. 60th Street as requested by the
Evangelical United Lutheran Church.
(Related Items: 08-94, 08R-169)
Fact Sheet (382K)
32) 08R-169 Special Permit 08022 - Application of United
Lutheran Church to expand a church parking lot,
with a request to modify the parking
requirements to allow parking in the front yard
setback of Hartley Street, Touzalin Avenue and
N. 60th Street. (Related Items: 08-94, 08R-169
(Action Date: 8/4/08)
Fact Sheet (353K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
33) 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. (PASSED, 7-0; #19104)
Fact Sheet (70K)
Attachment (86K)
34) 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.
(PASSED, 7-0; #19105)
Fact Sheet (71K)
Attachment (85K)
35) 08-80 Street Name Change 08001 - Renaming
Montello Road and South 91st Street from
84th Street to the existing Firethorn Lane
as "Firethorn Lane". (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19106)
Fact Sheet (749K)
Motion To Amend 1 (6K)
36) 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.
(PASSED, 7-0; #19107)
Fact Sheet (591K)
37) 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. (PASSED, 7-0; #19108)
Fact Sheet (77K)
Attachment (1478K)
PENDING LIST - DATE CERTAIN
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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 28, 2008, AT 5:30 P.M.:
(APPROVED, 7-0)
46) 08R-166 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 1 - 15,
2008.
Fact Sheet (14K)
Attachment (19K)
47) 08R-164 Approving RFOX Inc. dba Fox Neighborhood Grill &
Bar as a keno satellite site at 1245 Libra
Drive.
Fact Sheet (72K)
48) 08R-165 Approving Midtown Drifters Inc. dba Drifters as
a keno satellite site at 3223 Cornhusker
Highway.
Fact Sheet (71K)
49) 08R-167 Approving the 2008-2009 Maintenance and
Management BID Budgets and Program of Work for
the Downtown Lincoln Association Program for
Fiscal Year 2008-09.
Fact Sheet (70K)
Attachment (378K)
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 (7/23/08) PRIOR TO
THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS 7/28/08.
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 3:48 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
***