
City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, MAY 5, 2008 AT 1:30 P.M. THERE WILL BE NO COUNCIL MEETING THE WEEK OF MAY 26TH DUE TO THE MEMORIAL DAY HOLIDAY 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) Resolution levying the special taxes assessed for the costs of the improvements in the North 27th Street Business Maintenance Improvement District against the benefitted properties. (ADOPTED, 7-0; A-84837) 2) Resolution levying the special taxes assessed for the costs of the improvements in the University Place Business Maintenance Improvement District against the benefitted properties. (ADOPTED, 7-0; A-84838) 3) Approving the distribution of funds representing interest earnings on short-term investments of Idle Funds for the month ended March 31, 2008. (ADOPTED, 7-0; A-84839) 4) Clerk's Letter and Mayor's approval of Resolutions and Ordinances passed by City Council on April 21, 2008. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 5) Setting the hearing date of May 19, 2008 at 1:30 p.m. for the application of Swig, LLC dba Billy Browns for a Class I liquor license located at 1422 O Street. (ADOPTED, 7-0; A-84840) 6) MISCELLANEOUS REFERRALS - NONE - END CONSENT AGENDA - PUBLIC HEARING LIQUOR RESOLUTIONS 7) Application of Box Awesome LLC dba Box Awesome to expand its presently licensed premises by the addition of a basement area measuring approximately 130 feet by 25 feet at 815 O Street. (ADOPTED, 7-0; A-84841) 8) Application of Alley, Inc. dba The Alley to expand its presently licensed premises by the addition of a beer garden space measuring approximately 51 feet by 44 feet to the north at 1029 - 1031 M Street. (ADOPTED, 7-0; A-84842) 9) Application of 55 Degrees, Inc. for a special designated beer license to cover an area measuring approximately 115 feet by 15 feet along the southwest side of the Sawmill Building at 440 N. 8th Street on the 9th day of May from 3:00 p.m. to 8:00 p.m. (ADOPTED, 7-0; A-84843) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10 THRU 13 HAD 2ND READING) 10) 08-51 Approving a lease agreement between the City and Scott & Cindy Jensen for the lease of office space by the Lincoln Area Agency on Aging for its Lincoln Information for the Elderly (LIFE) Program at 320 N. State Street, Osceola, Nebraska. Fact Sheet (70K) Attachment (80K) 11) 08-52 Change of Zone 08011 - Application of the Cedars Home for Children for a change of zone from R-1 Residential District to R-1 Residential PUD on property generally located at S. 66th Street and Pioneers Blvd. to permit a nonprofit religious, educational and philanthropic institution with domestic shelter, children's home and administrative office in the R-1 zoning district. Fact Sheet (342K) 12) 08-53 Approving a lease agreement between the City and The 3 Amigos Properties for a lease of space for a three-year term for use by the Lincoln Police Department. Fact Sheet (68K) Attachment (1032K) PUBLIC HEARING - RESOLUTIONS 13) 08R-97 Comp. Plan Conformance No. 08003 - Amending the Antelope Valley Redevelopment Plan to add a mixed-use, retail, office and banquet hall project with adjacent parking lot on property generally located between S. 19th Street and S. 20th Street between K and L Streets. (ADOPTED, 7-0; A-84844) Fact Sheet (326K) Attachment (749K) 14) 08R-98 Approving a Resolution authorizing the Mayor to execute and file applications on behalf of the City of Lincoln with the Federal Transit Administration for Federal transportation assistance. (ADOPTED, 7-0; A-84845) Fact Sheet (69K) 15) 08R-99 Amending the FY 2007/08 to 2012/13 Six Year Capital Improvement Program (CIP) to designate funding in the first year (2007/2008) of the CIP, identify funding sources, establish a project for the West O Historic Highway Project, and establish appropriations for that project. (Related Items: 08R-99, 08R-100) (ADOPTED, 7-0; A-84846) Fact Sheet (73K) 16) 08R-100 Approving an Agreement for entering into a contract between the City and the Nebraska Department of Roads for the West O Historic Highway Project for improvements located on a four-block segment of West O Street between 3rd Street and the Salt Creek Bridge. (Related Items: 08R-99, 08R-100) (ADOPTED, 7-0; A-84847) Fact Sheet (80K) Attachment (531K) 17) 08R-101 Amending the FY 2007/08 to 2012/13 Six Year Capital Improvement Program to establish the Boosalis Trail Project-Phase I for a 10 foot wide concrete trail from 20th to 27th Street along Highway 2 and to identify the funding source for that project. (ADOPTED, 7-0; A-84848) Fact Sheet (109K) 18) 08R-102 Approving an Agreement between the City and the Lincoln Chamber Economic Development Corp. (LCEDC) for the promotion of economic development in Lincoln for a four year term commencing September 1, 2007 through August 31, 2011. (ADOPTED, 7-0; A-84849) Fact Sheet (8K) Attachment (496K) - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19 THRU 22 HAD 1ST READING) 19) 08-54 Approving the Platte River Well Field Farm Lease between the City (Owner) and Dennis M. Thomas (Tenant) for the lease of approximately 240 acres around the City of Lincoln Ashland Wellhead Water Operations in Ashland, Nebraska for a one-year term from June 1, 2008 through May 31, 2009. Fact Sheet (56K) Attachment (360K) 20) 08-55 Comp. Plan Conformity 08005 - Declaring approximately 19.37 acres of property generally located at N. 56th Street and Bluff Road as surplus and authorizing the sale thereof to the Nebraska Game and Parks Commission. Fact Sheet (189K) 21) 08-56 Change of Zone 08015 - Application of the University of Nebraska Foundation for a change of zone from I-2 Industrial Park District to O-3 Office Park District on property generally located at N.W. 7th Street and Highland Blvd. (Related Items: 08-56, 08-57) Fact Sheet (248K) 22) 08-57 Change of Zone 2938C - Application of the University of Nebraska Foundation to expand the area of the University of Nebraska Technology Park Special Sign District by approximately 12 acres on property generally located at N.W. 1st Street and W. Highland Blvd. (Related Items: 08-56, 08-57) Fact Sheet (421K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 23) 08-42 Creating and ordering constructed Sewer District No. 1183 for an 8-inch diameter sanitary sewer along the south side of L Street from Christensen Court to the east approximately 170 feet and assessing the cost thereof against the benefitted properties. (PASSED, 7-0; #19076) Fact Sheet (60K) Attachment (881K) 24) 08-44 Repealing Ordinance No. 18907 creating Alley Re-paving District No. 48, in the east/west alley, between 17th to 18th Streets, O to P Streets due to the lack of majority petition. (PASSED, 7-0; #19077) Fact Sheet (60K) 25) 08-45 Miscellaneous 05004 - Application of Christ Lutheran Church to vacate portions of Woods Brothers Bryan Sumner Acres and adjacent public right-of-way, generally located at 43rd and Sumner Streets. (PASSED, 6-0; MARVIN ABSTAINING; #19078) Fact Sheet (182K) 26) 08-46 Change of Zone 08012HP - Application of Nebraska State Historical Society Foundation to designate the Lewis-Syford House at 700 North 16th Street as a historic landmark. (PASSED, 7-0; #19079) Fact Sheet (1211K) Attachment (412K) 27) 08-47 Change of Zone 08013HP - Application of Sigma Chi Building Association to designate the Sigma Chi Fraternity House at 1510 Vine Street as a historic landmark. (PASSED, 7-0; #19080) Fact Sheet (722K) Attachment (417K) 28) 08-48 Change of Zone 08014HP - Application of Nebraska Alpha Alumni Association to designate the Phi Kappa Psi Fraternity House at 1548 S Street as a historic landmark. (PASSED, 7-0; #19081) Fact Sheet (811K) Attachment (560K) 29) 08-49 Change of Zone 2751B - Application of SFI Partnership to amend the sign regulations for the commercial portion of Van Dorn Acres Planned Unit Development to allow an additional ground sign and a free-standing menu board on property generally located at S. 84th Street and Van Dorn Street. (PASSED, 7-0; #19082) Fact Sheet (339K) 30) 08-50 Change of Zone 08010 - Application of Hub Hall Real Estate for a change of zone from R-3 Residential District to B-2 Planned Neighborhood Business District PUD to develop up to 70,000 square feet of commercial floor area on property generally located at N.W. 48th Street and W. Holdrege Street. (MTA #1 ADOPTED, 6-1; MARVIN DISSENTING; PASSED AS AMENDED, 7-0; #19083) Fact Sheet (980K) PENDING LIST - DATE CERTAIN 31) 08-43 Amending Chapter 8.46 of the Lincoln Municipal Code relating to Weed Abatement by amending Sections 8.46.010 and 8.46.020 to raise the height of weeds or worthless vegetation that must be cut from six inches to twelve inches above the ground; and repealing Sections 8.46.010 and 8.46.202 as hitherto existing. (4/14/08 - P.H./2nd Reading delayed 4 wks. to 5/12/08) Fact Sheet (21K) 32) 08R-82 Special Permit 08015 - Application of Roger Schwisow for authority to allow mining/extraction of soil of agricultural zoned property located northwest of the intersection of N.W. 56th Street and West O Street. (3/31/08 - Con't P.H. w/Action on 4/14/08) (4/14/08 - Con't P.H. w/Action to 4/28/08) (4/28/08 - Con't. P.H. w/Action to 5/19/08) Fact Sheet (862K) Motion To Amend 1 (6K) 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) WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, MAY 12, 2008, AT 5:30 P.M. (APPROVED, 7-0) 37) 08R-106 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of April 16 - 30, 2008. Fact Sheet (13K) Attachment (19K) 38) 08R-103 To provide authority to assess property owners for the cost of snow and ice removal by the City from sidewalks adjacent to their property during the winter season of 2007-2008. Fact Sheet (57K) 39) 08R-104 Approving a Redevelopment Agreement between the City and Capitol Cold LLC relating to the construction of storage buildings for commercial use within the West O Street Redevelopment Plan for public improvements including landscaping and new sidewalks abutting the project area generally located at 301 S.W. 32nd Street. Fact Sheet (83K) Attachment (44K) 40) 08R-105 Use Permit 05005A - Application of Gregg Trautman to reduce a portion of the front yard setback from 25 feet to 15 feet to accommodate a sign on property generally located 1/2 block south of S. 37th and O Streets. Fact Sheet (260K) 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 (5/7/08) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 5/12/08. 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 ONLY BE ONE OPEN MICROPHONE SESSION DURING THE MONTH OF MAY WHICH IS MAY 12TH AT THE 5:30 PM. MEETING. ADJOURNMENT 3:18 P.M. ANNOUNCEMENTS: Council Meeting Date and Start times for May: May 5, 2008 - 1:30 p.m. May 12, 2008 - 5:30 p.m. May 19, 2008 - 1:30 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. **** The City Council Agenda and Action Sheet may be accessed on the Internet at: lincoln.ne.gov ***