City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 3, 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 Council on
October 20, 2008. (PLACED ON FILE)
2) Report from City Treasurer of cash on hand at
the close of business September 30, 2008.
(PLACED ON FILE)
3) Approving the Assessment Resolution for Downtown
Business Improvement District for Board of
Equalization, Monday, November 10, 2008 at 5:30
p.m. (ADOPTED, 7-0; A-85103)
4) Approving the Assessment Resolution for Downtown
Maintenance Improvement District for Board of
Equalization, Monday, November 10, 2008 at 5:30
p.m. (ADOPTED, 7-0; A-85104)
5) Approving the Assessment Resolution for Downtown
Core Business Improvement District for Board of
Equalization, Monday, November 10, 2008 at 5:30
p.m. (ADOPTED, 7-0; A-85105)
PETITIONS & COMMUNICATIONS
6) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT.:
Change of Zone 08053 - Application of
Engineering Design Consultants, LLC for owners
Kevin D. and Carla J. Pinneo to designate the
Foster House as a historic landmark on property
located at 1021 D Street.
Special Permit 08044 - Application of
Engineering Design Consultants to allow the use
of a historic landmark as office space on
property located at 1021 D Street (Foster
House).
7) Setting the Hearing Date of Monday, November 17,
2008 at 1:30 p.m. for the application of Philip
Kutlo and Irma Kutlo dba Castle Drive In for a
Class D liquor license located at 6001 Havelock
Avenue. (ADOPTED, 7-0; A-85106)
8) Setting the Hearing Date of Monday, November 17,
2008 at 1:30 p.m. for the application of Black
Bear Enterprises LLC dba The Office Gentleman's
Club for a Class I liquor license located at 640
West Prospector. (ADOPTED, 7-0; A-85107)
9) Setting the Hearing Date of Monday, November 17,
2008 at 1:30 p.m. for the application of Mac
Acquisition LLC dba Romano's Macaroni Grill for
a Class C liquor license located at 6800 S.
27th Street. (ADOPTED, 7-0; A-85108)
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of Old Federal Place LLC dba Jasmine
Room for a Class I liquor license at 129 North
10th Street and an outside patio area measuring
approximately 20 feet by 40 feet to the south.
(ADOPTED FOR APPROVAL, 7-0; A-85109)
12) Manager application of Monte Froehlich for Old
Federal Place LLC dba Jasmine Room at 129 North
10th Street. (ADOPTED FOR APPROVAL, 7-0; A-85110)
13) Application of Martina Alvarez dba La Hacienda
De Flores for a Class I liquor license at 100
North 1st Street, Suite 4. (ADOPTED FOR DENIAL,
7-0; A-85111)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 14
HAD 2ND READING)
14) 08-153 Amending Ordinance No. 19110, passed by the City
Council on July 28, 2008, to include Lots 14-19,
Block 3, McMurtry's Addition, in the change of
zone from R-6 Residential District to O-1 Office
District, on property generally located at the
southeast corner of South 18th Street and K
Street.
Fact Sheet (18K)
PUBLIC HEARING - RESOLUTIONS
15) 08R-275 Approving a two-year Grant Contract between the
City of Lincoln and El Centro de las Americas to
provide grant funds in the amount of $10,000.00
per year for its Victims of Domestic Violence
Outreach Program. (ADOPTED, 7-0; A-85112)
Attachment (323K)
16) 08R-276 Ratifying the Interlocal agreement between the
County of Lancaster, Nebraska, and the Lincoln
Lancaster County Health Department whereby the
Health Department will provide services 24 hours
per day, 7 days a week, in the event such
services are needed at the Youth Service Center
for the period of July 1, 2008 to June 30, 2009.
(ADOPTED, 7-0; A-85113)
Fact Sheet (67K)
Attachment (349K)
17) 08R-277 Ratifying and approving the Correctional
Facilities Interlocal Agreement between the
City, Lancaster County, and the Lancaster County
Correctional Facility Joint Public Agency
relating to the transport, supervision, and
housing of City offenders.
(ADOPTED, 7-0; A-85114)
Fact Sheet (19K)
Attachment (341K)
PUBLIC HEARING
ORDINANCES - 3ND READING & RELATED RESOLUTIONS (as required)
18) 08-148 Request for Bond Ordinance authorizing the
issuance of not to exceed $932,000.00 City of
Lincoln, Nebraska Block 85 Redevelopment Project
tax allocation bonds. (Related Items: 08-148,
08R-268, 08R-269) (10/27/08 - P.H.
con't., limited to applicants' testimony,
w/Action on 11/3/08) (MTA #1 ADOPTED, 5-0; CAMP,
ESCHLIMAN ABSTAINING; PASSED AS AMENDED, 5-0; CAMP,
ESCHLIMAN ABSTAINING; #19169)
19) 08R-268 Approving the Block 85 Redevelopment Agreement
between Haymarket South, LLC, WRK, LLC,
Airspace, LLC, and the City relating to the
redevelopment of property generally located on
Block 85 from 8th to 9th Streets, and M Street
to Rosa Parks Way. (Related Items: 08-148,
08R-268, 08R-269) (Action Date: 11/3/08)
(10/27/08 - P.H. con't., limited to applicants'
testimony, w/Action on 11/3/08) (MTA #1 ADOPTED,
5-0; CAMP, ESCHLIMAN ABSTAINING; MTA #2 ADOPTED,
5-0; CAMP, ESCHLIMAN ABSTAINING; ADOPTED AS AMENDED,
5-0; CAMP, ESCHLIMAN ABSTAINING; A-85115)
Fact Sheet (28K)
Attachment (2928K)
Motion To Amend 1 (3672K)
20) 08R-269 Amending the FY 08/09 CIP to authorize and
appropriate $932,000 in TIF funds for the Block
85 Redevelopment Project generally located on
Block 85 from 8th to 9th Streets and M Street to
Rosa Parks Way. (Related Items: 08-148, 08R-
268, 08R-269) (Action Date: 11/3/08)
(10/27/08 - P.H. con't., limited to
applicants' testimony, w/Action on 11/3/08)
(ADOPTED, 5-0; CAMP, ESCHLIMAN ABSTAINING;
A-85116)
Fact Sheet (26K)
21) 08-149 Request for Bond Ordinance authorizing the
issuance of not to exceed $2,800,000.00 City of
Lincoln, Nebraska North Haymarket Arts and
Humanities Phase II Redevelopment Project tax
allocation bonds. (Related Items: 08-149,
08R-270, 08R-271) (10/27/08 - P.H.
con't., limited to applicants' testimony,
w/Action on 11/3/08) (PASSED, 6-0; CAMP
ABSTAINING; #19170)
22) 08R-270 Approving the North Haymarket Arts and
Humanities Phase II Redevelopment Agreement
between Block 21, LLC and the City relating to
the redevelopment of property generally located
at 8th and R Streets. (Related Items: 08-149,
08R-270, 08R-271) (Action Date: 11/3/08)
(10/27/08 - P.H. con't., limited to
applicants' testimony, w/Action on 11/3/08)
(MTA #1 ADOPTED, 6-0; CAMP ABSTAINING; MTA #2
ADOPTED, 6-0; CAMP ABSTAINING; ADOPTED AS AMENDED,
6-0; CAMP ABSTAINING; A-85117)
Fact Sheet (28K)
Attachment (2871K)
Motion To Amend 1 (2979K)
23) 08R-271 Amending the FY 08/09 CIP to authorize and
appropriate $2.8 million in TIF funds for the
North Haymarket Arts and Humanities Phase II
Redevelopment Project generally located at 8th
and R Streets. (Related Items: 08-149, 08R-
270, 08R-271) (Action Date: 11/3/08)
(10/27/08 - P.H. con't., limited to
applicants' testimony, w/Action on 11/3/08)
(ADOPTED, 6-0; CAMP ABSTAINING; A-85118)
Fact Sheet (26K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24 &
25 HAD 1ST READING)
24) 08-154 Amending Chapter 2.18 of the Lincoln Municipal
Code relating to the City's Purchasing Division
to update department expenditure amounts and to
incorporate the changes to the City Charter
approved by the voters in the May 2008 election,
by amending Section 2.18.020 to increase the
level of repair expenditures which require
purchase by bidding, and to conform language to
the revised Charter provisions; amending Section
2.18.030 to increase the threshold of
expenditures which require bidding to $25,000,
to update department expenditure amounts, to
update obsolete language to reflect electronic
bidding provisions, to provide additional
grounds under which the City could disqualify
vendors from bidding, to create an appeal
process for disqualified vendors, and to
streamline purchasing provisions allowing joint
purchasing with other units of government; by
amending Section 2.18.060 to authorize the
Purchasing Agent to require pre-delivery or
post delivery inspections for purchases, and to
require inspections for all purchases over
$100,000; and repealing Sections 2.18.020,
2.18.030, and 2.18.060 of the Lincoln Municipal
Code as hitherto existing.
Fact Sheet (20K)
25) 08-155 Change of Zone 08052 Application of Vien C. Le
for a change of zone from B-1 Local Business
District to R-2 Residential District on property
generally located at North 45th Street and W
Street.
Fact Sheet (217K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 08-147 Amending Chapter 27.35 of the Lincoln Municipal
Code by adding a new Figure 27.35.070(a) to
reflect maximum heights within the B-4 district
at the end of Chapter 27.35 as provided for in
Section 27.35.070. (PASSED, 7-0; #19171)
Fact Sheet (19K)
Attachment (128K)
27) 08-150 Change of Zone 08017 - Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
amending Section 27.05.020 to delete references
to the dates of the Lincoln Airport Zoning Map
and the Airport Environs Noise District Map; by
amending Sections 27.11.040, 27.13.040,
27.15.040, 27.17.040, 27.19.040, 27.21.040,
27.23.040, and 27.24.040, to delete expansion of
nonstandard single and two-family dwellings into
required yards as a permitted special use in the
R-1 through R-8 zoning districts; by amending
Section 27.27.020 to delete the restriction that
technology transfer industries or applications
must be in an area designated in the
Comprehensive Plan as a technology park; by
amending Section 27.51.030 to delete a reference
to Employment Center; by amending Section
27.61.090 to delete a reference to repealed
Section 27.63.540; by amending Section 27.63.260
to delete a reference to County Land Use Map
(Figure 17); by amending Sections 27.63.380,
27.70.050, and 27.80.105 relating to special
permits for flood plain construction,
requirements after approval of final plot plans,
and flood plain development permits,
respectively, to delete references to repealed
Chapter 27.55 (Flood Plain District) and to add
correct references to the Lincoln Municipal
Code; by repealing Section 27.63.540 relating to
special permits for expansion of nonstandard
single and two-family dwellings into required
yards; by amending Section 27.83.020 to change
a reference from the City of Lincoln's 2025
Comprehensive Plan to the Lincoln-Lancaster
County 2030 Comprehensive Plan; and repealing
Sections 27.05.020, 27.11.040, 27.13.040,
27.15.040, 27.17.040, 27.19.040, 27.21.040,
27.23.040, 27.24.040, 27.27.020, 27.51.030,
27.61.090, 27.63.260, 27.63.380, 27.70.050,
27.80.105, and 27.83.020 of the Lincoln
Municipal Code as hitherto existing.
(PASSED, 7-0; #19172)
Fact Sheet (17K)
28) 08-151 Misc. 08011 - Amending Title 26 of the Lincoln
Municipal Code relating to the Land Subdivision
Ordinance by amending Section 26.11.037 to
delete the provisions regarding expiration of an
application for a preliminary plat which has
been placed on pending; by amending Section
26.11.060 to delete provisions regarding the
expiration of final plats; by amending Section
26.19.010 to delete the requirement that
signatures be in black opaque ink; by amending
Section 26.31.010 to delete the provision
regarding the expiration of existing requests
for modification of the requirements of Title
26; by creating a new Chapter 26.35 entitled
General Provisions by adding a new section
numbered 26.35.010 to provide provisions for
amending Title 26 and adding a new section
numbered 26.35.020 to provide provisions for
expiration of applications; and repealing
Sections 26.11.037, 26.11.060, 26.19.010, and
26.31.010 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 7-0; #19173)
Fact Sheet (17K)
29) 08-152 Change of Zone 08049 - Request of RJL
Development North, Ltd. for a change of zone
from O-3 Office Park District to B-2 Planned
Neighborhood Business District on approximately
7.75 acres of property generally located at
South 40th Street and Old Cheney Road. (08-
152, 08R-273) (PASSED, 7-0; #19174)
Fact Sheet (249K)
30) 08R-273 Use Permit 58G - Application of RJL Development
North, Ltd. to amend the Williamsburg Village
use permit to show a change of zone from O-3 to
B-2 to accommodate the expansion of the existing
HyVee store and to update the land use table and
site layout, including a request to reduce
setbacks within the designated buildable area to
zero, on property generally located at South
40th Street and Old Cheney Road. (08-152,
08R-273) (Action Date: 11/3/08)
(ADOPTED, 7-0; A-85119)
Fact Sheet (490K)
RESOLUTION - ACTION ONLY
31) 08R-242 Authorizing acceptance of the low bid which is
in excess of 25% over the estimate for Paving
Unit 141 on Q Street from 35th to 36th Street.
(10/27/08 - Action Delayed to 11/3/08 due to
tie vote) (LOST, 2-5; MARVIN, SVOBODA ASSENTING;
CAMP, COOK, EMERY, ESCHLIMAN, SPATZ DISSENTING;
#38-4581)
Fact Sheet (69K)
Attachment (1306K)
PENDING LIST - DATE CERTAIN
NONE
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, NOVEMBER 10, 2008, AT 5:30 P.M.:
(APPROVED, 7-0)
40) 08R-278 Approving RFox, Inc. dba Red Fox Westside Grille
as a keno satellite site at 1339 West O Street.
Fact Sheet (70K)
41) 08R-279 Approving a Contract between the City of
Lincoln, Lancaster County and Roberts Dairy to
provide and deliver milk and related dairy
products for the Lincoln Area Agency on Aging,
Lancaster Manor, and Midtown Center through
local inter-governmental cooperative purchasing
with the Board of Regents of the University of
Nebraska at Lincoln, for an initial three-year
term with two additional one-year terms.
Fact Sheet (84K)
Attachment (3017K)
42) 08R-280 Approving an Interlocal Agreement between the
City and the City of Lincoln Lancaster County
Railroad Transportation Safety District
accepting the transfer of funding for the West
Haymarket Study.
Fact Sheet (12K)
Attachment (97K)
43) 08R-282 Use Permit 107C Application of National Rural
Electric Cooperative Association to amend the
Firethorn Office Park Use Permit to adjust the
front yard setback from 20 feet to 6 feet to
allow a ground sign on property generally
located two blocks east of the intersection of
South 84th Street and Firethorn Lane.
Fact Sheet (258K)
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 (11/5/08) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 11/10/08.
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 IS ONLY
ONE OPEN MICROPHONE SESSION DURING THE MONTH OF NOVEMBER
WHICH IS NOVEMBER 10TH.
ADJOURNMENT 2:26 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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