City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 26, 2009 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) Setting the interest rate and levying the
assessments on Special Assessment Group I of the
Board of Equalization held January 12, 2008.
(ADOPTED, 7-0; A-85211)
2) Accepting the Report on Board of Equalization to
City Council on Special Assessment Group I
Paving Unit No. 140. (PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by Council on
January 5, 2009. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by Council on
January 12, 2009. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPT:
Change of Zone 08070 - App. of Wes Meisner,
from I-1 to B-3 and to designate as a landmark
property built as the Standard Oil Co. Barn and
Garage, located at N. 14th Street and
New Hampshire Street.
City Change of Zone 08072 - App. of the
Director of Planning amending Title 27 of the
Lincoln Municipal Code relating to zoning by
amending Section 27.07.040, 27.09.040 and
27.49.040 to add excavation and stone milling as
a permitted special use in the AG, AGR, and I-2
zoning districts, respectively; by amending
Section 27.63.160 to allow excavation and stone
milling to be approved by special permit in the
AG, AGR, R-3, B-2, H-2, H-3, H-4, and I-2 zoning
districts and to provide conditions governing
said use; amending Sections 27.15.040,
27.31.050, 27.35.020, 27.41.040, 27.43.040,
27.45.030, 27.47.030 and 27.51.030 to provide
consistency in the terminology used in each
section relating to excavation and stone
milling; by repealing Sections 27.63.310 and
27.63.360 entirely; and repealing Sections
27.07.040, 27.09.040, 27.15.040, 27.31.050,
27.35.020, 27.41.040, 27.43.040, 27.45.030,
27.47.030, 27.49.040, 27.51.030, and 27.63.160
of the LMC.
Change of Zone 08073 - App. of South Ridge
Village, LLC from R-3 to O-3 on property at S.
29th Street and Porter Ridge Road.
Change of Zone 08075 - App. of Olsson
Associates, from AG to B-2 on property located
at N. 98th Street and O Street.
Special Permit 310B - App. of Olsson
Associates, for an amendment for expansion of a
health care facility with waivers to setbacks
and height, located at Normal Boulevard and
Cotner Boulevard.
Special Permit 08052 - App. of South Ridge
Village, LLC for an early childhood care
facility with a waiver of the requirement to be
located on an arterial street located at S.
29th Street and Porter Ridge Road.
Use Permit 100B - App. of South Ridge
Village, LLC for an amendment to revise the
boundaries and to add approximately 0.98 acres
to the existing South Ridge Village use permit,
with requests to waive the side yard and rear
yard setbacks on property located at S.
27th Street and Pine Lake Road.
Use Permit 08003 - App. of Olsson Associates
for approximately 19 acres for office and retail
use on property located at N. 98th Street and O Street.
6) Setting the Hearing date of Monday, February 9,
2009 at 1:30 p.m. for the Application of RED9,
LLC dba RED9 for a Class C liquor license with
catering located at 322 South 9th Street.
(ADOPTED, 7-0; A-85212)
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
8) 09R-13C Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2008. Claim of Dale and Nancy Schmidt.
(1/12/09 - Schmidt claim P.H. & Action con't.
to 1/26/09)(ADOPTED, 7-0; A-85213)
Fact Sheet (14K)
Attachment (21K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 12 HAD 1ST READING)
9) 09-7 Change of Zone No. 08064 Amending Section
27.11.080 of the Lincoln Municipal Code
relating to height and area regulations in
the R-1 Residential District to reduce
required side yards of single-family
dwelling lots in existence on November 2,
1953 to a width of not less than ten
percent of the width of the lot, but not
less than five feet; and repealing Section
27.11.080 of the Lincoln Municipal Code as
hitherto existing.
Fact Sheet (14K)
10) 09-8 Change of Zone No. 08069 Application of
the Planning Director to reduce the
Building Line District from 125 feet to 105
feet adjacent to the residential component
of Apple's Way Planned Unit Development
generally located at South 66th Street and
Highway 2. (Related Items 09-8, 09-
9)
Fact Sheet (257K)
11) 09-9 Change of Zone No. 05026B Application of
Apple's Way, LLC, for expansion of Apple's
Way PUD to include Outlot E, Artisan
Meadows Addition, and to adjust setbacks
for a subdivision identification sign on
property generally located at South 66th
Street and Highway 2. (Related Items 09-
8, 09-9)
Fact Sheet (554K)
12) 09-10 Adopting the supplements to the Lincoln
Municipal Code dated June, 2008 and
December, 2008 as part of the official
Lincoln Municipal Code.
Fact Sheet (17K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
13) 08-170 Change of Zone 08058 - Application of Brian and
Debra Marshall and Earl Visser for a change of
zone from R-2 Residential District to R-T
Residential Transition District on property
generally located at 3333 A Street and 3345 A
Street. (Related Items 08-170, 09R-8)
(12/15/08 - 1st Reading Suspended; to be
Introduced 1/5/09 w/UP 08002)(LOST, 3-4;
CAMP, ESCHLIMAN, SVOBODA ASSENTING; COOK,
EMERY, MARVIN, SPATZ DISSENTING;#38-4583)
Fact Sheet (772K)
14) 09R-8 Use Permit 08002 - Appeal of Linda M.
Witfoth from the Planning Commission
approval of Use Permit 08002 to allow
office and residential uses as permitted
uses on property located at 3333 A Street
and 3345 A Street. (Related Items 08-
170, 09R-8) (Action Date: 1/26/09)
(LOST, 3-4; CAMP, ESCHLIMAN, SVOBODA
ASSENTING; COOK, EMERY, MARVIN, SPATZ
DISSENTING;#38-4584)
Fact Sheet (894K)
15) 09-1 Vacation 08004 - Vacating portions of Vine
Street, S Street, North 20th Street, R
Street, North 18th Street, the east-west
alley in North 20th Street, and the east-
west alley in North 18th Street north of
Vine Street, generally located between
North 18th Street and North 22nd Street and
R Street to Vine Street. (PASSED 7-0; #19194)
Fact Sheet (978K)
16) 09-2 Misc. 08014 - Vacating a portion of the
Hyde Park 1st Addition final plat and
adjacent public right-of-way including
Pawnee Street, 7th Street and the
north/south alley therein, generally
located at South 6th Street and Van Dorn
Street.(PASSED, 7-0; #19195)
Fact Sheet (174K)
17) 09-3 Change of Zone 08059 - Amending Chapter
27.69 of the Lincoln Municipal Code
relating to Signs by amending Sections
27.69.047 and 27.69.049 to eliminate
restrictions regarding the location of
signs within 660 feet of a designed
interstate and repealing Sections 27.69.047
and 27.69.049 as hitherto existing.
(PASSED, 7-0; #19196)
Fact Sheet (84K)
18) 09-4 Change of Zone 08060 - Amending Chapter
27.03 of the Lincoln Municipal Code
relating to zoning code definitions by
adding a new section numbered 27.03.634 to
provide a definition for truck stop;
amending Sections 27.39.020 and 27.43.020
of the Lincoln Municipal Code relating to
permitted uses in the H-1 Interstate
Commercial District and H-3 Highway
Commercial District, respectively, to add
truck stops as a permitted use in said
district; and repealing Section 27.39.020
and 27.43.020 as hitherto existing.
(PASSED, 7-0; #19197)
Fact Sheet (150K)
19) 09-5 Change of Zone 08062 - Application of
Lighthouse for a change of zone from R-4
Residential District to R-6 Residential
District, on property generally located
east of the southeast corner of South 26th
Street and N Street.(PASSED, 7-0; #19198)
Fact Sheet (183K)
20) 09-6 Change of Zone 08063 - Amending Section
27.69.090 of the Lincoln Municipal Code
relating to permitted signs for churches,
schools and community playhouses to
conditionally allow an electronic
changeable copy sign fronting on an
arterial street; and repealing Section
27.69.090 as hitherto existing.
(AMENDMENT #1 ADOPTED, 5-2; CAMP,
COOK, EMERY, ESCHLIMAN, MARVIN ASSENTING;
SPATZ, SVOBODA DISSENTING; PASSED AS AMENDED,
6-1; CAMP, EMERY, ESCHLIMAN, MARVIN, SPATZ,
SVOBODA ASSENTING; COOK DISSENTING; #19199)
Fact Sheet (1224K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (SEE BILL NOS. 08R-193 and 08-111)
(EXTENDED ONE WEEK)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
(Request to remove from Pending) (WITHDRAWN, 7-0;
#38-4585)
Attachment (224K)
27) 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) (Request to
remove from Pending) (WITHDRAWN, 7-0; #38-4586)
Fact Sheet (1795K)
28) 08-157 Amending Section 5.38.050 of the Lincoln
Municipal Code to increase permit fees for
motels, hotels, rooming, lodging, and apartment
houses; and repealing Section 5.38.050 of the
Lincoln Municipal Code as hitherto existing.
(11/3/08 - 1st Reading suspended, to have
Introduction 12/1/08 with P.H. 12/8/08)
(12/1/08 - Placed on Pending
Indefinitely)
Fact Sheet (131K)
29) 08R-311 Authorizing the City's negotiation team to
present the Labor Contract to IAFF Local 644 for
the period of August 21, 2008 through August 31,
2009 as the City's last best offer on the terms
as outlined in the proposed contract as
Option 1. (12/8/08 - P.H. & Action con't to
12/15/08) (12/15/08 - Placed on Indefinite
Pending)
Fact Sheet (139K)
Attachment (139K)
30) 08R-312 Authorizing the City's negotiation team to
present the Labor Contract to IAFF Local 644 for
the period of August 21, 2008 through August 31,
2009 as the City's last best offer on the terms
as outlined in the proposed contract as
Option 2. (12/8/08 - P.H. & Action con't to
12/15/08) (12/15/08 - Placed on Indefinite
Pending)
Fact Sheet (139K)
Attachment (139K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, FEBRUARY 2, 2009 AT 1:30 P.M.:
(APPROVED, 7-0)
31) 09R-15 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 1 -
15, 2009.
Fact Sheet (14K)
Attachment (20K)
32) 09R-14 Approving an Interlocal Agreement between the
City and Lancaster County for a paving project
along Alvo Road from N. 14th Street to N.W. 12th
Street and widening of N. 1st Street to allow a
left turn lane.
Fact Sheet (12K)
Attachment (848K)
33) 09R-16 Hearing on Katie Halperin's Notice of Appeal
appealing from the determination of Impact Fees
imposed for the Washington Square Redevelopment
Project located at 1525 S. 19th Street and 1537
S. 19th Street and requesting a waiver and
refund of said fees.
Fact Sheet (16K)
Attachment (281K)
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 (1/21/09)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS
1/26/09.
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. THE OPEN
MICROPHONE SESSIONS DURING THE MONTH OF JANUARY ARE THE
12TH AND 26TH.
ADJOURNMENT 6:23 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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