City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 28, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
Anyone wishing to address an item on the Consent Agenda may do so at this time
PUBLIC HEARING
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
NONE
PETITIONS & COMMUNICATIONS
1) Setting the hearing date of Monday, August 4,
2008 at 1:30 p.m. for the application of Mark H.
McDonald dba The Italian Vine: Wine Distributors
for a Class X wholesale liquor license located
at 5310 S. 56th Street. (ADOPTED, 6-0; A-84946)
2) Setting the hearing date of Monday, August 4,
2008 at 1:30 p.m. for the application of
Whitehead Oil Company dba U-Stop Convenience
Shop for a Class D liquor license located at 110
W. Fletcher Avenue, Suite 101. (ADOPTED, 6-0;
A-84947)
3) Informal petition to create a Water District on
property located at 335 N.W. 19th Street between
West Q Street and West S Street, submitted by
Michael Smith, General Partner of SBR Limited
Partnership. (Referred to Public Works Dept. on
7/17/08) (REFERRED TO PUBLIC WORKS DEPT.
ON 7/17/08)
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
5) Application of Husker Management, Inc. dba
Holiday Inn & Express Suites Lincoln Southeast
for a Class I liquor license at 8801 Amber Hill
Ct. (ADOPTED FOR APPROVAL, 6-0; A-84948)
6) Manager application of Kirti K. Trivedi for
Husker Management, Inc. dba Holiday Inn &
Express Suites Lincoln Southeast at 8801 Amber
Hill Ct. (ADOPTED FOR DENIAL, 6-0; A-84949)
7) Application of LNK Lodging, LLC dba Holiday Inn
Express & Suites Lincoln Airport for a Class I
liquor license at 1101 W. Commerce Way.
(ADOPTED FOR APPROVAL, 6-0; A-84950)
8) Manager application of Kirti K. Trivedi for LNK
Lodging, LLC dba Holiday Inn Express & Suites
Lincoln Airport at 1101 W. Commerce Way.
(ADOPTED FOR DENIAL, 6-0; A-84951)
9) Application of Lazlo Inc. dba Fireworks
Restaurant to expand its presently licensed
premises by the addition of an outside sidewalk
caf‚ area measuring approximately 25 feet by 25
feet to the west at 5750 S. 86th Drive.
(ADOPTED FOR APPROVAL, 6-0; A-84952)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10
THRU 16 HAD 2ND READING)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
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
- 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) (MTA #6 ADOPTED, 6-0; ADOPTED AS
AMENDED, 6-0; A-84953)
Fact Sheet (862K)
Motion To Amend 1 (6K)
18) 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. (ADOPTED, 6-0; A-84954)
Fact Sheet (14K)
Attachment (19K)
19) 08R-164 Approving RFOX Inc. dba Fox Neighborhood Grill &
Bar as a keno satellite site at 1245 Libra
Drive. (ADOPTED, 4-2; COOK, ESCHLIMAN
DISSENTING; A-84955)
Fact Sheet (72K)
20) 08R-165 Approving Midtown Drifters Inc. dba Drifters as
a keno satellite site at 3223 Cornhusker
Highway. (ADOPTED, 4-2; COOK, ESCHLIMAN
DISSENTING; A-84956)
Fact Sheet (71K)
21) 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. (ADOPTED, 6-0; A-84957)
Fact Sheet (70K)
Attachment (378K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
THRU 26 HAD 1ST READING)
22) 08-98 Amending Section 12.08.270 of the Lincoln
Municipal Code relating to alcoholic liquor
in parks to conditionally allow alcohol on
the premises of Hazel Abel Park, Stransky
Park, Sunken Gardens, Antelope Park Rose
Garden, Pioneers Park Nature Center; and
repealing Section 12.08.270 of the Lincoln
Municipal Code as hitherto existing.
Fact Sheet (16K)
23) 08-99 Approving a lease agreement between the
City and the Hickman Presbyterian Church
for the lease of space by the Lincoln Area
Agency on Aging for its ActivAge Center
Program at 300 E. Third Street, Hickman,
Nebraska from September 1, 2008 to August
31, 2009.
Fact Sheet (70K)
Attachment (137K)
24) 08-100 Approving a transfer of appropriations and cash
(where appropriate) between certain capital
improvement projects within the street
construction/vehicle tax fund, water
construction fund, and sanitary sewer
construction fund within the Public Works &
Utilities Department.
Fact Sheet (12K)
25) 08-101 Amending Sections 2.76.153 Compensation Plan;
Merit Pay Plan; Shift Differential; 2.76.370
Authorized Holidays; 2.76.380 Sick Leave with
Pay; and 2.76.395 Vacation Leave with Pay; of
the Lincoln Municipal Code to reflect negotiated
changes and changes applicable to employees not
represented by a bargaining unit.
Fact Sheet (59K)
26) 08-102 Adopting Chapter 14.58 of the Lincoln Municipal
Code regarding street pole banners over public
ways.
Fact Sheet (128K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) (SEE ITEM #32)
27) 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. (PASSED, 6-0; #19109)
Fact Sheet (87K)
28) 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. (PASSED, 6-0; #19110)
Fact Sheet (644K)
29) 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) (ADOPTED, 4-2; COOK,
MARVIN DISSENTING; A-84958)
Fact Sheet (13K)
Attachment (18K)
30) 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) (PASSED, 4-2; COOK, MARVIN DISSENTING;
#19111)
Fact Sheet (757K)
31) 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)
(PASSED, 4-2; COOK, EMERY DISSENTING;
#19112)
Fact Sheet (774K)
32) 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) (MTA #2 ADOPTED, 6-0;
MTA #1, 3-3; COOK, EMERY, MARVIN DISSENTING;
DUE TO TIE VOTE, MTA #1 & MAIN MOTION CARRIED
FORWARD FOR ACTION ONLY TO 8/4/08)
Fact Sheet (1159K)
33) 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. (PASSED, 6-0;
#19113)
Fact Sheet (1101K)
34) 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. (PASSED, 6-0; #19114)
Fact Sheet (70K)
Attachment (106K)
PENDING LIST - DATE CERTAIN
35) 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) (7/21/08 - P.H.
con't. to 8/18/08 w/Action on 8/25/08)
Fact Sheet (13K)
Attachment (21K)
36) 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) (7/21/08 - P.H. con't. to
8/18/08 w/Action on 8/25/08)
Fact Sheet (172K)
37) 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)
(7/21/08 - P.H. con't. to 8/18/08 w/Action
on 8/25/08)
Fact Sheet (376K)
Attachment (63K)
38) 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) (7/21/08 - P.H.
con't. to 8/18/08 w/Action on 8/25/08)
Fact Sheet (365K)
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, AUGUST 4, 2008, AT 1:30 P.M.:
(APPROVED, 6-0)
46) 08R-174 Approving the 2008-09 Work Plan for the
Interlocal Agreement on Stormwater Management
between the City and Lower Platte South Natural
Resources District to address stormwater quality
and quantity issues.
Fact Sheet (12K)
Attachment (213K)
47) 08R-175 Approving a schedule of fees the City may charge
for ambulance service.
Fact Sheet (120K)
Attachment (7K)
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 6:45 P.M.
ANNOUNCEMENTS:
Public Hearing on the 1 & 6 Year Street & Highway Program,
the 2008-09 Mayor's Recommended Annual Operating Budget and
Capital Improvement Program FY-2008/09-2013/14 is set for
Monday, August 11, 2008 at 2:30 p.m. (Action Date: 8/25/08)
***
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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