City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 29, 2008 AT 5:30 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) Clerk's Letter and Mayor's Approval of resolutions
and ordinances passed by Council on September 15,
2008. (PLACED ON FILE)
2) 08R-232 Reappointing Barbara J. Walkowiak to the Parks
and Recreation Advisory Board for a one-year
term expiring June 1, 2009. (ADOPTED, 7-0; A-85041)
PETITIONS & COMMUNICATIONS
3) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.:
Change of Zone 07063 - App. of Ringneck
Development, LLC, I-80 West Lincoln Business
Center Planned Unit Development from AG to I-3,
PUD Employment Center District, and R-3 on
property generally located at N.W. 48th Street
and Interstate 80.
Change of Zone 08017 - App. of Director of
Planning amending Title 27 of the LMC relating
to Zoning.
Change of Zone 08049 - App. of RJL
Development North, Ltd, from O-3 to B-2 on
property generally located at S. 40th Street
and Old Cheney Road.
Special Permit 08042 - App. of Mark Terrell
for expansion of a nonconforming use into the
front yard setback on property generally located
at N. 30th Street and Q Street.
Use Permit 58G - App. of RJL Development
North, Ltd., an amendment to an existing use
permit to increase retail space, reduce office
space and to waive all internal yard setbacks on
property generally located at S. 40th Street
and Old Cheney Road.
Use Permit 154D - App. of Olsson Associates,
an amendment to add an additional on-premise
sign to the Wilderness Hills Commercial Use
Permit on property generally located at S.
27th Street and Yankee Hill Road.
4) Setting the Hearing Date of Monday, October 13,
2008 at 1:30 p.m. for the Application of HyVee,
Inc. dba HyVee for a liquor catering license
located at 5010 O Street. (ADOPTED, 7-0; A-85042)
RATIFYING CORRECTION TO AGENDA OF 9/22/08
5) Setting the Hearing Date of Monday, October 6,
2008 at 1:30 p.m.on the Application of McManus
Enterprises, Inc. dba Heidelberg's for an
addition to premises adding a beer garden
approximately 14' x 42' located at 4620 Bair
Avenue.
6) Setting the Hearing Date of Monday, October 6,
2008, at 1:30 p.m. on the Application of
Firethorn Golf Company LLC dba Firethorn Golf
Club for a Class C liquor license located at
9301 Firethorn Lane.
7) Setting the Hearing Date of Monday, October 6,
2008 at 1:30 p.m. on the Application of
Kabredlo's Inc. dba Kabredlo's 126 for a Class D
liquor license located at 4715 W. Adams Street.
8) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Hy-Vee Inc. dba Hy-Vee 1 for a
change of location and trade name of their
existing Class C liquor license from Hy-Vee 1 at
6919 O Street to Heartland Pantry at 2343 N.
48th Street. (ADOPTED FOR APPROVAL, 7-0; A-85043)
10) Application of Lancaster County Agricultural
Society, Inc. dba Lancaster Event Center for the
addition of the Business Center measuring
approximately 240 feet by 60 feet, the Amy
Countryman Arena measuring approximately 244
feet by 359 feet, and the Pavilion III measuring
approximately 299 feet by 243 feet at the
licensed premises located at 4100 N. 84th
Street.(ADOPTED FOR APPROVAL, 7-0; A-85044)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 15 HAD 2ND READING; SEE ITEM 14)
11) 08-129 Change of Zone 08030 - Amending Section
27.63.400 of the Lincoln Municipal Code relating
to the preservation of a historic structure as a
permitted special use to allow the City Council
to grant adjustments to the height and area
regulations of the district in which a historic
structure is located, and repealing Section
27.63.400 as hitherto existing. (Related
Items: 08-129, 08-130, 08R-231)
Fact Sheet (23K)
12) 08-130 Change of Zone 08031 HP - Application of Charles
and Nancy Ogden to designate property known as
the Griswold House as a Historic Landmark
located at 1256 Fall Creek Road. (Related
Items: 08-129, 08-130, 08R-231)
Fact Sheet (433K)
Attachment (47K)
13) 08R-231 Special Permit 08027 - Application of Charles
and Nancy Ogden to permit the use of a
designated Landmark (historic structure) for a
single family dwelling to also include
construction of a carriage house (guest house
plus garage) as an accessory use and to modify
the rear and side yard setbacks on property
generally located at 1256 Fall Creek Road.
(Related Items: 08-129, 08-130, 08R-231)
(Action Date: 10/6/08)
Fact Sheet (474K)
14) 08-131 Change of Zone 08045 - Amending Sections
27.19.030, 27.21.030, 27.23.030, 27.24.030,
27.27.025 and 27.67.040 of the Lincoln Municipal
Code to clarify that group homes must comply
with all applicable state and local code
requirements and to add domiciliary care
facility and elderly or retirement housing as a
conditional permitted use in the R-5, R-6, R-7,
R-8, and O-3 zoning districts, and repealing
Sections 27.19.030, 27.21.030, 27.23.030,
27.24.030, 27.27.025 and 27.67.040 as hitherto
existing.(PLACED ON PENDING INDEFINITELY
W/CONTINUED P.H., 7-0)
Fact Sheet (62K)
15) 08-132 Change of Zone 08047 - Application of Casey's
Retail Company for a change of zone from H-3
Commercial District to I-1 Industrial District
on property generally located at North 56th
Street and Superior Street.
Fact Sheet (212K)
PUBLIC HEARING - RESOLUTIONS
16) 08R-228 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for its participation in the Harris
Overpass Project (No. 701781) on O Street, 3rd
to 9th Streets.(ADOPTED, 7-0; A-85045)
Fact Sheet (13K)
Attachment (114K)
17) 08R-229 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for its participation in the S.W. 40th
Street/BNSF Overpass Project (No. 700132).
(ADOPTED, 7-0; A-85046)
Fact Sheet (12K)
Attachment (112K)
18) 08R-230 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for its participation in the Antelope
Valley Project funding - Phase 1.
(ADOPTED, 7-0; A-85047)
Fact Sheet (13K)
Attachment (115K)
19) 08R-233 Authorizing and supporting the Parks &
Recreation Department's submittal of a grant
application to the State Game & Parks Commission
for a Recreational Trail Program Grant to assist
in funding the relocation of the Billy Wolff
Antelope Valley Connector Trail to the east side
of the Antelope Creek Channel between 27th
Street and J Street.(ADOPTED, 7-0; A-85048)
Fact Sheet (100K)
20) 08R-234 Authorizing and supporting the Parks &
Recreation Department's submittal of a grant
application to the State Game & Parks Commission
for a Recreational Trail Program Grant to assist
in funding the renovation of the Boosalis Trail
along Highway 2 from 17th Street to 20th Street.
(ADOPTED, 7-0; A-85049)
Fact Sheet (94K)
21) 08R-235 Approving a labor contract between the City and
the Lincoln Police Union to be effective August
21, 2008.(ADOPTED, 7-0; A-85050)
Fact Sheet (138K)
Attachment (121K)
22) 08R-236 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 1 -
15, 2008.(ADOPTED, 7-0; A-85051)
Fact Sheet (14K)
Attachment (21K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 08-128 Authorizing and providing for the issuance of a
08-128SS Perot System Redevelopment Project Tax
Allocation Bond, Series 2008, in a total
principal amount not to exceed $3,750,000.
(AMENDMENT #2 ADOPTED, 7-0; PASSED AS
AMENDED, 7-0; #19151)
Motion To Amend 2 (6K)
24) 08-126 Vacation 08002 - Request of Whitehead Oil
Company to vacate the north-south alley between
Capitol Parkway and vacated Cadwallader's Court
between South 21st Street and vacated South 22nd
Street. (Related Items: 08-126, 08-127)
(PASSED, 7-0; #19152)
Fact Sheet (295K)
25) 08-127 Comp. Plan Conformity 08015 - Request of
Whitehead Oil Company to declare approximately
2,144.25 square feet of property generally
located at the southeast corner of South 21st
Street and Capitol Parkway as surplus and
authorizing the sale thereof to the abutting
property owner. (Related Items: 08-126,
08-127)(AMENDMENT #1 ADOPTED, 7-0; PASSED AS
AMENDED, 7-0; #19153)
Fact Sheet (290K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM 31)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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.)(REMOVED FROM PENDING
TO HAVE 2ND READING W/CONTINUED P.H. ON 10/13/08, 7-0)
Fact Sheet (1287K)
32) 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)
(8/25/08 - Placed on Pending Indefinitely)
Attachment (224K)
33) 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) (8/25/08 -
Placed on Pending Indefinitely)
Fact Sheet (1795K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 6, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
SPECIAL PUBLIC HEARING - SETTING THE 2008/2009 PROPERTY TAX RATE
34) 08R-237 Approving the 2008-2009 City tax rate of
0.28788 per $100.00 of assessed valuation.
Fact Sheet (67K)
35) 08R-238 Approving and adopting proposed amendments to
the Lincoln Center Redevelopment Plan for the
Lincoln Flats/Bank of the West Redevelopment
Project on property generally located between
13th and 14th Streets and O and P Streets.
Attachment A (635K)
Attachment B (135K)
Attachment C (211K)
36) 08R-239 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances
by the Health Department to the following
benefitted properties: 303 S. 25th St., 3921 S.
19th St., 1416 N. 21st St., 245 N. 25th St.,
1046 Charleston St., 2904 S. 14th St., 1200 S.
16th St., 3160 T St., 1625 S. 11th St., 1012
Peach St., 3150 N. 61st St., 504 N. 24th St.,
1956 Jefferson Ave., 2815 E St., 1141 Claremont
St., 822 Mulder Dr., 1340 N. 50th St., 1722 N.
29th St., 1121 Driftwood Dr., 3625 Mohawk St.,
5320 S. Bristolwood Pl., 1000 Driftwood Dr., 504
N. 24th St., 1245 N. 21st St., 136 N. 14th St.,
407 S. 1st St., 7324 Colfax Ave., 1529 S. 9th
St., 2335 S. 39th St.
Fact Sheet (98K)
Attachment (186K)
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 (9/24/08) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS
9/29/08.
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 SEPTEMBER ARE THE 8TH AND THE 29TH.
ADJOURNMENT 6:50 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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