City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 18, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT ESCHLIMAN (COOK ARRIVED AT 2:30 P.M.)
MAYOR'S AWARD OF EXCELLENCE FOR JULY 2008 - CYNTHIA KOENIG -WARNKE,
POLICE OFFICER FOR LPD TECHNICAL INVESTIGATION UNIT, IN THE CATEGORY OF PRODUCTIVITY.
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) Clerk's Letter and Mayor's Approval of Ordinances
& Resolutions passed by Council on August 4, 2008.
(PLACED ON FILE)
2) Report from City Treasurer of City Cash on hand
at the close of business June 30, 2008. (PLACED
ON FILE)
3) Report from City Treasurer of Franchise Tax for
the month of June, 2008 from Aquila. (PLACED ON
FILE)
4) Report from City Treasurer of Franchise Tax for
the month of June 30, 2008 from Time Warner
Cable. (PLACED ON FILE)
5) Report from City Treasurer of Emergency 911 Tax
for the month of June, 2008 from Budget Prepay,
Inc., AT&T Comm. of Midwest, Inc., Qwest Comm.,
Level 3 Comm., Level 3 Comm., Granite Telecomm.,
Comtel Telcom Assets, ACN Comm., AT&T Comm. of
Midwest, TWC Digital Phone, LLC. (PLACED ON
FILE)
6) Report from City Treasurer of Telecommunications
Occupation Tax for the month of April, 2008:
Cricket; April - June, 2008: AmeriVision,
Comtech 21, T-Mobile Central, Association
Administrators, MegPath, Opex, NECC Telecom,
Digizip; May, 2008: Sprint, Sprint Spectrum,
Nextel, MCI, Windstream Systems of the Midwest,
Windstream, Nebraska Technology & Telecomm,
USCOC of Greater Iowa, TWC Digital Phone,
Cricket, New Cingular, OnStar, Virgin Mobile
USA, Primus, Working Assets Funding, Qwest,
Broadwing, USCOC of Nebraska,/Kansas, Andiamo,
New Edge Network, ACN, Verizon Select Services,
UCN,Telecorp., Bell Atlantic, Wholesale Carrier,
Trans National Comm. International, Global
Crossing, McLeod USA, Earthlink, VoiceCom,
Globalstar USA, Intellicall Operator, Broadband
Dynamics, TracFone Wireless, XO Comm.,
Cincinnati Bell Any Distance, ATI, KDDI America,
TON Services, CIMCO, Business Prod. Solutions,
Norstan Network, Quantum Shift, IBM Global,
Network Billing, Business Telecom.; June 2008:
Windstream, First Comm., NOS, TCG Omaha, SBC
Long Distance, Acceris, Enhanced, GTC, Lightyear
Network, Tri-M, Zone, BT Americas, WWC License,
AT&T Comm. of Midwest, Sprint Spectrum, Nextel,
Sprint, MCI, Viaero Wireless, ATS Mobile,
Covista, 800 Response, Network Billing Systems,
360networks (USA), Enhanced, NOSVA, Unite
Private Networks. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) THE FOLLOWING HAVE BEEN REFERRED TO PLANNING DEPT.:
Change of Zone No. 08041 - Application of
Realty Trust Group, Pine Woods Planned Unit
Development Plan, for a change of zone from AGR
to R-3 for a Planned Unit Development District
designation of property generally located at S.
70th Street and Pine Lake Road; with
modifications to the Zoning and Land Subdivision
Ordinances to develop approximately 11 dwelling
units and approximately 53,000 square feet of
office, retail and/or commercial floor area in
the underlying R-3 zoning.
Special Permit No. 08036 - Application of
Hartland Homes, Inc., Hartland Estates
1st Addition Community Unit Plan, for 3
dwelling units, with requests to waive the
minimum radius turnaround for dead-end street,
average lot width, lot area, and required side
yard, on property generally located at SW
12th Street and West A Street.
Special Permit No. 08037 - Application
of Joan Kopf, (Gamma Phi Beta) a nonstandard building,
on property generally located at 415 N. 16th Street.
8) Setting the hearing date of September 8, 2008 at
1:30 p.m. for the Application of HyVee, Inc. dba
HyVee #1 for a Class D liquor license located at
5010 O Street.(ADOPTED, 6-0; A-84977)
9) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
10) Application of Casey's Retail Company dba Casey's
General Store 2744 for a Class B liquor license
at 4335 N. 70th Street.(P.H. & ACTION DELAYED
ONE WEEK TO 8/25/08, 6-0)
11) Manager application of Tina M. Krings for Casey's
Retail Company dba Casey's General Store 2744 at
4335 N. 70th Street. (P.H. & ACTION DELAYED
ONE WEEK TO 8/25/08, 6-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THRU 20; SEE ITEM #17)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)(WAIVED THE RULES
TO HAVE ACTION THIS DATE, 5-1; SPATZ DISSENTING;
MTA #1, ADOPTED, 6-0; MTA #2, ADOPTED, 6-0;
DELAYED ONE WEEK W/ACTION ONLY TO 8/25/08, 5-1;
EMERY DISSENTING.)
Fact Sheet (13K)
Attachment (21K)
Motion To Amend 1 (10K)
18) 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)
19) 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)
20) 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)
PUBLIC HEARING - RESOLUTIONS
21) 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.(ADOPTED, 6-0; A-84978)
Fact Sheet (218K)
Attachment (194K)
22) 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.
(ADOPTED, 5-1; CAMP DISSENTING; A-84979)
Fact Sheet (400K)
Attachment (1799K)
Letter (606K)
23) 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.(ADOPTED, 6-0; A-84980)
Fact Sheet (864K)
Attachment (2658K)
Letter (995K)
24) 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.(ADOPTED, 6-0;
A-84981)
Fact Sheet (9K)
Attachment (397K)
25) 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.(ADOPTED, 6-0;
A-84982)
Fact Sheet (13K)
Attachment (659K)
26) 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.(MTA #1, ADOPTED, 5-1;
CAMP DISSENTING; ADOPTED AS AMENDED, 6-0; A-84983
Fact Sheet (91K)
Attachment (10274K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 & 28 HAD 1ST READING)
27) 08R-193 Approving the Development and Conditional Zoning
Agreement between the City and Boyce
Construction, Inc. for the development of the
property located at North 14th Street and
Superior Street subject to restrictions on
maximum density, drive access to North 14th
Street, and a drive access to the north boundary
of the property to be compatible with the
adjacent residential neighborhood. (Related
Items: 08R-193, 08-111) (Action Date:
9/8/08)
Attachment (224K)
28) 08-111 Change of Zone 08036 - Application of Boyce
Construction for a change of zone from R-2
Residential District to R-5 Residential District
on approximately 29,227 sq. ft. generally
located at N. 14th Street and Superior Street.
(Related Items: 08R-193, 08-111)
Fact Sheet (1795K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 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. (8/11/08 - Action
Delayed 1 wk. to 8/18/08)(MTA #1, PASSED, 6-0; PASSED
AS AMENDED, 6-0; #19124)
Fact Sheet (12K)
30) 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.
(PASSED, 6–0; #19125)
Fact Sheet (74K)
Attachment (90K)
31) 08-104 Approving a lease agreement between the City and
The Panama Cafe, 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.(PASSED, 6-0;
#19126)
Fact Sheet (72K)
Attachment (84K)
32) 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.
(PASSED, 6-0; #19127)
Fact Sheet (63K)
Attachment (84K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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 25, 2008, AT 5:30 P.M.:
(APPROVED, 6-0)
40) 08R-177 Adopting the 2008/09 City of Lincoln Annual
Operating Budget and Capital Improvement Program
for FY 2008/09 - 2013/14.
Attachment (2313K)
41) 08R-191 Approving a new schedule for water use charges
through Fiscal Year 2009.
Fact Sheet (13K)
42) 08R-192 Approving a new schedule for wastewater use
charges through Fiscal Year 2009.
Fact Sheet (12K)
43) 08R-194 Reappointing Mark Westphalen to the Police and
Fire Pension Plan Investment Board for a term
expiring on September 1, 2013.
44) 08R-197 Appointing Maja Viklands Harris to the Library
Board for a seven-year term expiring August 31,
2015.
Attachment (30K)
45) 08R-195 Comp. Plan Conformity 08018 Approving and
adopting a proposed amendment to the Northwest
Corridors Redevelopment Plan within the
University of Nebraska Technology Park for
construction of an office/commercial building of
approximately 150,000 square feet, on property
generally located southwest of W. Highland Blvd.
and Discovery Drive.
Fact Sheet (953K)
Attachment (428K)
46) 08R-198 Approving the labor contract between the City
and the Lincoln "M" Class Employees Association
effective August 21, 2008.
Fact Sheet (138K)
Attachment (41K)
47) 08R-199 Approving the labor contract between the City
and the Lincoln City Employees Association
(LCEA) effective August 21, 2008.
Fact Sheet (138K)
Attachment (101K)
48) 08R-200 Approving the labor contract between the City
and the Public Association of Government
Employees (PAGE) effective August 21, 2008.
Fact Sheet (138K)
Attachment (102K)
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 6:21 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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