City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 6, 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) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on September 22, 2008.
(PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions A-85048 & A-85049 (requested by
Parks & Recreation Dept.) adopted by the City
Council on September 29, 2008.
(PLACED ON FILE)
3) Report from City Treasurer of City Cash on hand
at the close of business August 31, 2008.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, October 20,
2008 at 1:30 p.m. for the application of Hergert
Oil Company dba Super C #5 for an upgrade of
their current Class B to a Class D liquor
license located at 3400 Village Drive.
(ADOPTED, 7-0; A-85052)
5) Setting the hearing date of Monday, October 20,
2008 at 1:30 p.m. for the application of Hergert
Oil Company dba Super C #2 for an upgrade of
their current Class B to a Class D liquor
license located at 3202 S. 10th Street.
(ADOPTED, 7-0; A-85053)
6) Setting the hearing date of Monday, October 20,
2008 at 1:30 p.m. for the application of Red9,
LLC dba Red9 for a Class I liquor license
located at 322 S. 9th Street.
(ADOPTED, 7-0; A-85054)
7) Setting the hearing date of Monday, October 20,
2008 at 1:30 p.m. for the application of Red9,
LLC dba Red9 for the addition of a liquor
catering license to its Class I liquor license
located at 322 S. 9th Street.
(ADOPTED, 7-0; A-85055)
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Kabredlo's, Inc. dba Kabredlo's
#126 for a Class D liquor license at 4715 W.
Adams Street. (ADOPTED FOR APPROVAL, 7-0;
A-85056)
10) Manager application of Anthony L. Olderbak for
Kabredlo's, Inc. dba Kabredlo's #126 at 4715 W.
Adams Street. (ADOPTED FOR APPROVAL, 7-0;
A-85057)
11) Application of McManus Enterprises Inc. dba
Heidelberg's for the addition of a beer garden
area measuring approximately 14 ft. by 42 ft. at
the licensed premises at 4620 Bair Ave.
(ADOPTED FOR APPROVAL, 7-0; A-85058)
12) Application of Firethorn Golf Company, LLC dba
Firethorn Golf Club for a Class C liquor license
at 9301 Firethorn Lane. (ADOPTED FOR APPROVAL,
7-0; A-85059)
13) Manager application of Mark A. Wible for
Firethorn Golf Company, LLC dba Firethorn Golf
Club at 9301 Firethorn Lane.
(ADOPTED FOR APPROVAL, 7-0; A-85060)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
SPECIAL PUBLIC HEARING - SETTING THE 2008/2009 PROPERTY TAX RATE
14) 08R-237 Approving the 2008-2009 City tax rate of 0.28788
per $100.00 of assessed valuation.
(ADOPTED, 7-0; A-85061)
Fact Sheet (67K)
15) 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.
(ADOPTED, 7-0; A-85062)
Attachment A (635K)
Attachment B (135K)
Attachment C (211K)
16) 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. (ADOPTED, 7-0; A-85063)
Fact Sheet (98K)
Attachment (186K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 17 THRU 26 HAD 1ST READING)
17) 08-133 Amending Chapter 2.62 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plan A to provide a 1.5% COLA and a 4% increase
in member contributions. (Related Items: 08-
133, 08-134, 08-135, 08R-240, 08R-241)
Fact Sheet (138K)
18) 08-134 Amending Chapter 2.65 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plan B to provide a 1.5% COLA and a 4% increase
in member contributions. (Related Items: 08-
133, 08-134, 08-135, 08R-240, 08R-241)
Fact Sheet (138K)
19) 08-135 Amending Chapter 2.66 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plan C to provide a 1.5% COLA and a 4% increase
in member contributions. (Related Items: 08-
133, 08-134, 08-135, 08R-240, 08R-241)
Fact Sheet (138K)
20) 08-136 Approving the transfer of cash and appropriation
of unspent fund balance in the amount of
$750,000 in FY 2008-09 from the Street
Construction Fund Balance to Project No. 070716
Sidewalk Maintenance and Repair.
Fact Sheet (71K)
21) 08-137 Change of Zone 08040 - Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
adding a new section numbered 27.03.638 to
define wind energy conversion system (WECS); by
amending Sections 27.07.020, 27.09.020,
27.11.020, 27.13.020, 27.15.020, 27.17.020,
27.19.020, 27.21.020, 27.23.020, 27.24.020,
27.25.020, 27.26.020, 27.27.020, 27.29.020,
27.31.030, 27.33.020, 27.37.020, 27.39.020,
27.41.020, 27.43.020, 27.45.020 to add WECS as a
permitted use in the AG, AGR, R-1 through R-8,
O-1 through O-3, B-1, B-2, B-3, B-5 and H-1
through H-4 zoning districts; by amending
Sections 27.07.030, and27.09.030 to add WECS
over the district height as a permitted
conditional use in the AG and AGR districts,
amending Sections 27.11.040, 27.13.040,
27.15.040, 27.17.040, 27.19.040, 27.21.040,
27.23,040, 27.24.040, 27.25.030, 27.26.040,
27.27.030, 27.29.040, 27.31.050, 27.33.040,
27.35.030, 27.37.030, 27.45.030, 27.47.030,
27.49.040 and 27.51.050 to add WECS over the
district height as a permitted special use in
the R-1 through R-8, O-1 through O-3, B-1
through B-5, H-1 through H-4, and I-1 through
I-3 zoning districts; amending Section 27.63.420
to amend the special permit requirements for
WECS; amending Section 27.71.025 to clarify WECS
may exceed the height of the district in which
the WECS is located; and repealing Sections
27.07.020, 27.07.030, 27.09.020, 27.09.030,
27.11.020, 27.11.040, 27.13.020, 27.13.040,
27.15.020, 27.15.040, 27.17.020, 27.17.040,
27.19.020, 27.19.040, 27.21.020, 27.21.040,
27.23.020, 27.23.040, 27.24.020, 27.24.040,
27.25.020, 27.25.030, 27.26.020, 27.26.040,
27.27.020, 27.27.030, 27.29.020, 27.29.040,
27.31.030, 27.31.050, 27.33.020, 27.33.040,
27.35.030, 27.37.020, 27.37.030, 27.39.020,
27.39.030, 27.41.020, 27.41.040, 27.43.020,
27.43.040, 27.45.020, 27.45.030, 27.47.030,
27.49.040, 27.51.050, 27.63.420, and 27.71.025
of the Lincoln Municipal Code as hitherto
existing.
Fact Sheet (1003K)
22) 08-138 Change of Zone 08043 - Request of WRK, LLC, on
behalf of Haymarket South LLC and Infinity S
Development Co. for a change of zone from I-1
Industrial District to B-4 Lincoln Center
Business District on approximately 1.03 acres
generally located at S. 8th Street and M Street.
Fact Sheet (530K)
23) 08-139 Change of Zone 08046 - Request of the Historic
Preservation Commission, on behalf of AgInvest,
for a change of zone from B-2 Planned
Neighborhood Business District to R-3
Residential District on approximately 2.7 acres
generally located at N. 14th Street and Morton
Street. (Related Items: 08-139, 08-73)
Fact Sheet (689K)
24) 08-140 Change of Zone 08048 - Request of Hartland Homes
for a change of zone from R-3 Residential
District to B-1 Local Business District on
approximately 8.500 sq. ft. of property
generally located at N.W. 48th Street and W.
Adams Street.
Fact Sheet (2203K)
25) 08-141 Vacation 08005 - Vacating the east-west alley in
Block 21, Original Plat, Lincoln, generally
located between R and S Streets from N. 8th
Street to N. 9th Street.
Fact Sheet (666K)
26) 08-142 Approving the Master Fiber IRU Conveyance and
Conduit Sharing Agreement between the City and
Unite Private Networks for the placement and
sharing of network facilities on City easement
areas from Lincoln to the Ashland water
treatment facilities.
Fact Sheet (32K)
Attachment (949K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 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) (MTA #1 ADOPTED,
7-0; PASSED AS AMENDED, 7-0; #19154)
Fact Sheet (23K)
Motion To Amend 1 (6K)
28) 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)
(PASSED, 7-0; #19155)
Fact Sheet (433K)
Attachment (47K)
29) 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) (MTA #1 ADOPTED, 7-0;
ADOPTED AS AMENDED, 7-0; A-85064)
Fact Sheet (474K)
30) 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. (PASSED, 7-0;
#19156)
Fact Sheet (212K)
PENDING LIST - DATE CERTAIN
31) 08-73 Change of Zone 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.)(9/29/08
- Removed from Pending to have 2nd
Reading with continued Public Hearing on
10/13 with Action on 10/20) (Related
Items: 08-139, 08-73)
Fact Sheet (1287K)
PENDING LIST (EXTENDED ONE WEEK)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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. (9/29/08 - Placed on Pending
Indefinitely)
Fact Sheet (62K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 13, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
40) 08R-240 Approving the labor contract between the City
and IAFF, Local 644, effective August 21, 2008.
(Related Items: 08-133, 08-134, 08-135, 08R-
240, 08R-241)
Fact Sheet (138K)
Attachment (152K)
41) 08R-241 Approving a transfer of appropriations and cash
within the 2008-2009 operating budget from the
Fire & Rescue General Fund, EMS Enterprise Fund,
Grants-In-Aid Fund, Building & Safety Fund,
Social Security Fund and Police General Fund for
reallocation to the Police and Fire Pension Fund
in the amount of $356,342.00. (Related Items:
08-133, 08-134, 08-135, 08R-240, 08R-241)
Fact Sheet (80K)
42) 08R-244 Approving the appointment of Pat Leach as the
Library Director.
43) 08R-245 Appointing John Kay to the Capitol Environs
Commission to fill an unexpired term expiring
January 9, 2010.
Attachment (30K)
44) 08R-246 Appointing Jim Johnson to the Historic
Preservation Commission for a three-year term
expiring April 15, 2011.
Attachment (24K)
45) 08R-247 Appointing Anne Pagel and Jeff Schwebke to the
Parks and Recreation Advisory Board for terms
expiring April 27, 2011.
Attachment (55K)
46) 08R-248 Reappointing Amir Azimi, Thomas Christie, Amrita
Mahapatra and Dan Marvin to the Multicultural
Advisory Committee for three year terms expiring
September 18, 2011.
47) 08R-249 Special Permit 08038 - Appeal of Thomas E.
Madsen to the Planning Commission's denial of
his application to expand a nonconforming use by
adding an outdoor caf‚ at the bowling
alley/restaurant that sells alcoholic beverages
for consumption on the premises, on property
generally located at N. 48th Street and Dudley
Street.
Fact Sheet (3122K)
Motion To Amend 1 (6K)
48) 08R-250 Misc. 08013 - Amending the City of Lincoln
Design Standards by adding Chapter 1.10 to
establish a process for amending the City of
Lincoln Design Standards, and to amend Chapter
2.15, Urban Public Street Design Standards.
(Related Items: 08R-250, 08R-251)
Fact Sheet (655K)
Attachment (30K)
49) 08R-251 Amending Section 3.2.3 of the Drainage Criteria
Manual by amending Table 3-2, Allowable Maximum
Encroachment for Minor Storms. (Related
Items: 08R-250, 08R-251)
Fact Sheet (28K)
50) 08R-252 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 16
- 30, 2008.
Fact Sheet (14K)
Attachment (22K)
51) 08R-253 Approving a two-year Grant Contract between the
City of Lincoln and the Lincoln Literacy Council
to provide grant funds in the amount of
$10,000.00 per year for its English Language
Academy Program.
Attachment (563K)
52) 08R-254 Approving a two-year Grant Contract between the
City of Lincoln and the Lincoln Council on
Alcoholism and Drugs, Inc. to provide grant
funds in the amount of $37,000.00 per year for
its Alcohol and Drug Education and Prevention
Programs.
Attachment (684K)
53) 08R-255 Approving a two-year Grant Contract between the
City of Lincoln and the Asian Community and
Cultural Center to provide grant funds in the
amount of $10,000.00 per year for its Family
Resource Program.
Attachment (737K)
54) 08R-256 Approving a two-year Grant Contract between the
City of Lincoln and the Friendship Home to
provide grant funds in the amount of $189,362.00
per year for its Emergency Shelter Program.
Attachment (817K)
55) 08R-257 Approving a two-year Grant Contract between the
City of Lincoln and the Clyde Malone Community
Center to provide grant funds in the amount of
$35,000.00 per year for its After School
Program.
Attachment (574K)
56) 08R-258 Approving a two-year Grant Contract between the
City of Lincoln and the Family Violence Council
to provide grant funds in the amount of
$26,259.00 per year for its Programs to Stop
Violence and Abuse.
Attachment (785K)
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 (10/8/08) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 10/13/08.
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 OCTOBER ARE THE 13TH AND
THE 27TH.
ADJOURNMENT 2:38 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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