City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 11, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING ON THE 1 & 6 YEAR STREET & HIGHWAY PROGRAM
THE 2008/09 MAYOR'S RECOMMENDED ANNUAL OPERATING BUDGET
CAPITAL IMPROVEMENT PROGRAM FY 2008/09 - 2013/14
WILL BEGIN AT 2:30 P.M. AFTER THE REGULAR CITY COUNCIL MEETING
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-178 Reappointing Herb Friedman, Donna Behlen and
Jonathan Rehm to the Cable Advisory Board for
three-year terms expiring July 1, 2011.
(ADOPTED, 7-0; A-84968)
2) 08R-179 Reappointing Jonathan Cook to the Public
Building Commission for a four-year term
expiring August 1, 2012. (ADOPTED, 7-0;
A-84969)
3) 08R-180 Reappointing Dan Marvin to the Utility Billing
Check-Off Program for a one-year term expiring
August 31, 2009. (ADOPTED, 7-0; A-84970)
4) 08R-181 Reappointing Dan Marvin and Ken Svoboda to the
Railroad Transportation Safety District for one-
year terms expiring August 31, 2009.
(ADOPTED, 7-0; A-84971)
5) 08R-182 Appointing Doug Emery to the Railroad
Transportation Safety District for a one-year
term expiring August 31, 2009.
(ADOPTED, 7-0; A-84972)
6) 08R-183 Appointing Barbara Bartle to the Cable Advisory
Board to fill an unexpired term expiring July 1,
2009. (ADOPTED, 7-0; A-84973)
7) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
June 30, 2008. (ADOPTED, 7-0; A-84974)
8) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the Second Quarter, Fiscal Year
2007-08. (ADOPTED, 7-0; A-84975)
9) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of July,
2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) THE FOLLOWING HAS BEEN REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 08039 - Req. by the
Director of Planning, amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
amending Section 27.41.030 to require lighting
associated with the storage of vehicles for sale
and resale in the front yard to comply with the
Design Standards for Outdoor Lighting; amending
Section 27.43.030 to require lighting in the
front yard associated with automobile sales and
repair, but not including vehicle body repair
shops, to comply with the Design Standards for
Outdoor Lighting; amending Section 27.63.130 to
require outdoor lighting for recreational
facilities to comply with the Design Standards
for Outdoor Lighting; amending Section 27.63.170
to delete a redundant provision requiring any
lighting facility for parking lots permitted by
special permit in the R-1 through R-8 Districts
and in the O-2 District to comply with adopted
design standards; amending Section 27.67.100 to
require lighting for parking lots to comply with
the Design Standards for Outdoor Lighting; and
repealing Sections 27.41.030, 27.43.030,
27.63.130, 27.63.170 and 27.67.100 of the
Lincoln Municipal Code as hitherto existing.
11) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12
THRU 14 HAD 2ND READING)
12) 08-103 Approving a lease agreement between the City and
St. James United Methodist Church, for the lease
of space by the Lincoln Area Agency on Aging for
its ActivAge Center Program at 2400 S. 11th
Street, Lincoln, Nebraska for a one-year term
from September 1, 2008 through August 31, 2009.
Fact Sheet (74K)
Attachment (90K)
13) 08-104 Approving a lease agreement between the City and
The Panama Caf‚, for the lease of space by the
Lincoln Area Agency on Aging for its ActivAge
Center Program at 310 Locust Street, Panama,
Nebraska for a one-year term from September 1,
2008 through August 31, 2009.
Fact Sheet (72K)
Attachment (84K)
14) 08-105 Approving a lease agreement between the City and
Bennet American Legion Post #280, for the lease
of space by the Lincoln Area Agency on Aging for
its ActivAge Center Program at 970 Monroe,
Bennet, Nebraska for a one-year term from
September 1, 2008 through August 31, 2009.
Fact Sheet (63K)
Attachment (84K)
PUBLIC HEARING - RESOLUTIONS
15) 08R-176 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 16 - 31,
2008. (ADOPTED, 7-0; A-84976)
Fact Sheet (14K)
Attachment (21K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 16
THRU 20 HAD 1ST READING)
16) 08-106 Vacation 07010 - Application of WRK, LLC, to
vacate N. 11th Street south of the south right-
of-way of Y Street adjacent to Block 1, North
Lincoln Addition, and the north-south alley
abutting Lots 1, 2, 3, and 4, Block 1,
Davenport's Subdivision, generally located at N.
11th and Y Streets.
Fact Sheet (441K)
17) 08-107 Change of Zone 08027 - Amending Title 27 of the
Lincoln Municipal Code, the Zoning Code, by
adding a new Section 27.25.080 to provide that
each application for a building permit in the
O-1 Office District shall be reviewed for
compliance with the Lincoln Downtown Design
Standards; by amending Section 27.35.020 to add
prohibited uses in the area of the B-4 Lincoln
Center Business District from 150 feet east of
17th Street to the eastern edge of said
district; amending Section 27.35.025 to delete
recycling centers as a permitted conditional use
in the B-4 district and to add vehicle body
repair shops as a permitted conditional use in
the area 150 feet east of 17th Street to the
western edge of said district; amending Section
27.35.030 to modify existing provisions
regarding permitted special uses in the B-4
district and to add service stations as a
permitted special use in the area of the B-4
district from 150 feet east of 17th Street to
the eastern edge of said district; amending
Section 27.35.070 to modify the height and area
regulations in the B-4 district; adding a new
Section 27.35.080 to provide that each
application for a building permit in the B-4
Lincoln Center Business District shall be
reviewed for compliance with the Lincoln
Downtown Design Standards; amending Section
27.63.180 to modify existing provisions
regarding permitted special uses in the B-4
district and to add service stations as a
permitted special use in the area from 150 feet
east of 17th Street to the eastern edge of said
district; amending Section 27.67.050 to modify
special parking conditions in the B-4 district;
amending Section 27.69.070 to allow certain
permitted signs in the B-4 district beginning
150 feet east of 17th Street and continuing to
the western boundary of said district and to
allow certain permitted signs in the B-4
district beginning 150 feet east of 17th Street
and continuing to the eastern boundary of said
district; and repealing Sections 27.35.020,
27.35.025, 27.35.030, 27.35.070, 27.63.180,
27.67.050, and 27.69.070 of the Lincoln
Municipal Code as hitherto existing. (Related
Items: 08-107, 08R-187, 08-108)
Fact Sheet (67K)
18) 08R-187 Misc. 08007 - Amending the City of Lincoln
Design Standards by amending Chapter 1.00
Request for Waiver Procedure, to add a new
Section 2.5 to provide a separate process for
waivers from the Lincoln Downtown Design
Standards, and to add a new Chapter 3.76 to
adopt Lincoln Downtown Design Standards for
exterior features of projects requiring building
permits in the B-4 Lincoln Center Business
District and the O-1 Office District.
(Related Items: 08-107, 08R-187, 08-108)
(Action Date: 8/25/08)
Fact Sheet (125K)
Attachment (28K)
19) 08-108 Change of Zone 08026 - Application of the
Planning Director for a change of zone from R-6,
R-7, and R-8 Residential Districts to B-4
Lincoln Center Business District; from I-1
Industrial Park District, P Public Use District
and B-3 Commercial District to B-4 Lincoln
Center Business District; and from R-6
Residential District and I-1 Industrial District
to P Public Use District, on property in the
Antelope Valley area generally located from K
Street to Vine Street, from 17th Street to 23rd
Street. (Related Items: 08-107, 08R-187, 08-
108)
Fact Sheet (304K)
20) 08-109 Change of Zone 08037 - Application of Joy A.
Shiffermiller for a change of zone from R-7
Residential District to O-1 Office District on
property generally located at the northeast
corner of S. 10th Street and G Street.
Fact Sheet (247K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
(SEE ITEM #23)
21) 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.
(MTA #1 ADOPTED, 7-0; PASSED AS AMENDED,
7-0; #19120)
Fact Sheet (16K)
Motion To Amend 1 (7K)
22) 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. (PASSED, 7-0; #19121)
Fact Sheet (70K)
Attachment (137K)
23) 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. (ACTION DELAYED
ONE WEEK TO 8/18/08, 7-0)
Fact Sheet (12K)
24) 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. (PASSED, 7-0; #19122)
Fact Sheet (59K)
25) 08-102 Adopting Chapter 14.58 of the Lincoln Municipal
Code regarding street pole banners over public
ways. (MTA #1 ADOPTED, 7-0; PASSED AS
AMENDED, 7-0; #19123)
Fact Sheet (128K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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 18, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
37) 08R-184 Amending certain portions of the
Lincoln-Lancaster County Air Pollution Control
Program Regulations and Standards to incorporate
changes to the air quality requirements of the
State of Nebraska Environmental Protection Act
and the Federal Clean Air Act.
Fact Sheet (218K)
Attachment (194K)
38) 08R-185 Approving and adopting proposed amendments to
the Lincoln Center Redevelopment Plan for the
Block 85 Redevelopment Project on property
generally bounded by Rosa Parks Way, M Street,
South 8th Street, and South 9th Street.
Fact Sheet (400K)
Attachment (1799K)
Letter (606K)
39) 08R-186 Approving and adopting a proposed amendment to
the Antelope Valley Redevelopment Plan to add
the "AV Parkway Plaza Triangle Redevelopment
Project" generally located at N. 19th and Q
Streets.
Fact Sheet (864K)
Attachment (2658K)
Letter (995K)
40) 08R-188 Accepting and approving a permanent preservation
easement to conserve and protect the landmark
designation of the Lewis-Syford House generally
located at 700 N. 16th Street.
Fact Sheet (9K)
Attachment (397K)
41) 08R-189 Approving an Agreement between the United States
Geological Survey and the City to conduct
stormwater quality monitoring services under the
City's National Pollutant Discharge Elimination
System (NPDES) stormwater permit.
Fact Sheet (13K)
Attachment (659K)
42) 08R-190 Adopting the LES 2008 Rate Schedules, Service
Regulations, and Cost Analysis Summary providing
for a system average increase of 10.1 percent,
to be effective September 1, 2008.
Fact Sheet (91K)
Attachment (10274K)
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 (8/20/08) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 8/25/08.
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. THERE WILL BE
ONE OPEN MICROPHONE SESSION DURING THE MONTH OF AUGUST
ON AUGUST 25TH WHICH IS A 5:30 P.M. MEETING.
ADJOURNMENT 1:54 P.M.
RECONVENE 2:30 P.M.
PUBLIC HEARING
ONE & SIX YEAR STREET AND HIGHWAY PROGRAM 2008/09, MAYOR' S
RECOMMENDED ANNUAL OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM
FY 2008/09 - 2013/14.
ADJOURNMENT 8:35 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.
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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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