City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 7, 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) 08R-147 Reappointing Amrita Mahapatra to the Multicultural
Advisory Committee for a term expiring September
18, 2008. (ADOPTED, 7-0; A-84916)
2) 08R-148 Reappointing Dr. John S. Bonta to the Emergency
Medical Services Inc. Board of Directors for a
term expiring March 28, 2011. (ADOPTED, 7-0;
A-84917)
3) 08R-149 Reappointing Dr. Ameeta Martin to the Emergency
Medical Services Inc. Board of Directors for a
term expiring March 28, 2011. (ADOPTED, 7-0;
A-84918)
4) 08R-150 Appointing Rodney H. Hutt to the Emergency Medical
Services Inc. Board of Directors for a term
expiring March 28, 2011. (ADOPTED, 7-0;
A-84919)
Attachment (35K)
5) Clerk's Letter and Mayor's approval of Resolutions
and Ordinances passed by City Council on June 16,
2008. (PLACED ON FILE)
6) Clerk's Letter and Mayor's approval of Resolutions
and Ordinances passed by City Council on June 23,
2008. (PLACED ON FILE)
7) Report from City Treasurer of City Cash on hand at
the close of business June 30, 2008.
(PLACED ON FILE)
8) Lincoln Electric System Annual Report for 2007.
(PLACED ON FILE)
9) Lincoln Water and WasteWater System Recapitulation
of Daily Cash Receipts for the month of June 2008.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) Setting the hearing date of Monday, July 21, 2008
at 1:30 p.m. for the manager application of Jacob
Lind for CB Holdings, Inc. dba Chasers Lounge
located at 140 N. 12th Street. (ADOPTED, 7-0;
A-84920)
11) Setting the hearing date of Monday, July 21, 2008
at 1:30 p.m. for the application of Down the
Hatch, Inc. dba Down the Hatch for an addition to
premise of their existing Class I liquor license
adding a beer garden area approx. 40 ft. x 12 ft.
located at 5601 NW 1st Street. (ADOPTED, 7-0;
A-84921)
12) THE FOLLOWING HAVE BEEN REFERRED ON JUNE 19, 2008 TO
THE PLANNING DEPARTMENT:
Change of Zone No. 08028 - Req. by the
Director of Planning to amend Sections 27.25.020
and 27.25.030 of the Lincoln Municipal Code to
allow private schools as a permitted use in the
O-1 Office District.
Change of Zone No. 08029 - App. of Nebraska
Acquisition Corp. from R-6 Residential District
and R-7 Residential District to O-1 Office
District on property generally located at S. 18th
Street and K Street.
Change of Zone No. 08030 - App. of Charles
and Nancy Ogden 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 of the Lincoln Municipal Code as
hitherto existing.
Change of Zone No. 08031 - App. of Charles
and Nancy Ogden to designate as a Historic
Landmark property known as the Ogden House located
at 1256 Fall Creek Road.
Change of Zone No. 08033 - App. of Chateau
Development from R-3 Residential District to R-4
Residential District on property generally located
at N. 56th Street and Holdrege Street.
Change of Zone No. 08034 - Req. by the
Director of Planning amending Section 27.69.020 of
the Lincoln Municipal Code relating to Sign Code
Definitions by amending the definition of pole
sign to delete the requirement that the bottom
edge of the sign face is ten feet or more above
grade and to delete the reference that a pylon
sign is a pole sign; and repealing Section
27.69.020 of the Lincoln Municipal Code as
hitherto existing.
Change of Zone No. 08035 - Req. by the
Director of Planning, amending Chapter 26.33 of
the Lincoln Municipal Code relating to fees by
amending Section 26.33.010 to provide that any
person submitting an application under Title 26 of
the Lincoln Municipal Code shall pay an
appropriate fee therefor as established by
resolution of the City Council; repealing Sections
26.33.020, 26.33.030, 26.33.050, 26.33.060,
26.33.070, 26.33.080, 26.33.090, 26.33.100,
26.33.110, 26.33.120, and 26.33.130 which set said
fees by ordinance of the City Council; and
repealing Section 26.33.010 of the Lincoln
Municipal Code as hitherto existing.
Special Permit No. 1174G - App. of Chateau
Development Chateau Le Fleur Community Unit Plan
an amendment for an additional 144 multi-family
units with a waiver request to the landscape
screening on property located at 6100 Vine Street.
Special Permit No. 1624A - App. of The Eby
Group, for an amendment to increase the allowed
occupancy from 46 to 57 people, on property
generally located at S. 45th Street and Old Cheney
Road.
Special Permit No. 1658A - App. of Nathan
Habel for an amendment for expansion of a non-
standard dwelling unit on property generally
located at S. 8th Street & Garfield
Street.
Special Permit No. 08026 - App. of Opusı
Construction LLC for expansion of a non-standard
dwelling unit on property generally located at S.
15th Street and C Street.
Special Permit No. 08027 - App. of Charles
and Nancy Ogden for an addition of a carriage
house to existing property with waiver requests to
the rear and side yard setbacks on property
generally located at S. 52nd Street and A Street.
13) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 16 HAD 2ND READING)
14) 08-75 Approving the Master Fiber IRU Conveyance and
Conduit Sharing Agreement for a term of 20
years between the City and Unite Private
Networks for the placement and sharing of
network facilities on City right-of-way.
Fact Sheet (9K)
Attachment (1645K)
15) 08R-143 Approving the Development and Conditional Zoning
Agreement between the City and Whitehead Oil
Company for the development of the property
generally located at S. 33rd and A Streets subject
to restrictions on access to A Street, uses,
lighting, and signage to be compatible with the
adjacent residential neighborhood. (Related
Items: 08R-143, 08-76) (Action Date: 7/14/08)
Fact Sheet (8K)
Attachment (11K)
16) 08-76 Change of Zone 08023 - Application of
Whitehead Oil Co. for a change of zone from
R-2 Residential District to B-3 Commercial
District on approximately .13 acres generally
located northwest of S. 33rd and A Streets.
(Related Items: 08R-143, 08-76)
Fact Sheet (230K)
PUBLIC HEARING - RESOLUTIONS
17) 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) (5/19/08- Placed on Pending, No Date
Certain) (6/9/08 - Removed from Pending to have
P.H. on 7/7/08) (CON'T P.H. W/ACTION TO 7/28/08, 7-0)
Fact Sheet (862K)
Motion To Amend 1 (6K)
18) 08R-146 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 1 - 15,
2008. (ADOPTED, 7-0; A-84922)
Fact Sheet (14K)
Attachment (20K)
19) 08R-144 Approving the Fiscal Year 2008 Action Plan: One
Year Use of Funds for Plan for HUD Entitlement
Programs. (ADOPTED, 7-0; A-84923)
Fact Sheet (110K)
Attachment (1956K)
20) 08R-145 Approving and adopting a proposed amendment to the
Lincoln Center Redevelopment Plan for the North
Haymarket Mixed-Use Redevelopment Area, Phase II
of the North Haymarket Arts and Humanities Center
Block, for the redevelopment of an existing
publicly owned building, the demolition of an
existing warehouse and reconstruction as a mixed-
use building with retail and hotel on property
described as Lots 1 and 2, The Arts & Humanities
Block Addition. (MTA #1 ADOPTED, 7-0; ADOPTED AS
AMENDED, 6-0; CAMP ABSTAINING, A-84924)
Fact Sheet (647K)
Attachment (939K)
Motion To Amend 1 (480K)
21) 08R-152 Approving a resolution supportive of the Lincoln-
Lancaster County Public Building Commission in
exploring means of financing and constructing a
new jail facility to serve the community of
Lancaster County and requesting a proposal setting
forth the details of such project be submitted for
City Council consideration and approval.
(ADOPTED, 5-2; COOK, MARVIN DISSENTING; A-84925)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
THRU 26 HAD 1ST READING)
22) 08-78 Approving a lease agreement between the City
and First United Methodist Church/Waverly,
for the lease of space by the Lincoln Area
Agency on Aging for its ActivAge Center
Program at 14410 Folkestone Street, Waverly,
Nebraska for a one-year term from September 1,
2008 through August 31, 2009.
Fact Sheet (70K)
Attachment (86K)
23) 08-79 Approving a lease agreement between the City
and the Asian Community & Cultural Center,
for the lease of space by the Lincoln Area
Agency on Aging for its ActivAge Center
Program at 2615 O Street, Lincoln, Nebraska
for a one-year term from September 1, 2008
through August 31, 2009.
Fact Sheet (71K)
Attachment (85K)
24) 08-80 Street Name Change 08001 - Renaming Montello
Road and South 91st Street from 84th Street
to the existing Firethorn Lane as "Firethorn
Lane".
Fact Sheet (749K)
25) 08-81 Change of Zone 08024 - Application of Ryan
Omel for a change of zone from P Public Use
District to AG Agricultural District on
approximately 2.7 acres generally located at
S.W. 9th Street and W. Rokeby Road.
Fact Sheet (591K)
26) 08-82 Approving a Sublease Agreement between the
City and Experience Works for Experience
Works' use in job training and employment
services under the Workforce Investment Act
for a term of one year from July 1, 2008 to
June 30, 2009.
Fact Sheet (77K)
Attachment (1478K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 08-72 Amending Section 9.16.145 of the Lincoln
Municipal Code relating to possession of one
ounce or less of marijuana to revise the
penalties for such offense to conform to
those enumerated by Neb. Rev. Stat.
§ 28-415(13), as amended, effective July
18, 2008, and repealing Section 9.16.145 as
hitherto existing. (MTA #2 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19100)
Fact Sheet (15K)
28) 08-74 Amending Section 21.48.030 of the Lincoln
Municipal Code relating to penalties for
violations of the Lincoln Housing Code to
increase the fine for first offenses from
$25.00 to $200.00, for second offenses from
$50.00 to $250.00, and for third offenses and
each offense thereafter from $100.00 to
$300.00, and repealing Section 21.48.030 as
hitherto existing. (PASSED, 7-0; #19101)
Fact Sheet (15K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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.)
Fact Sheet (1287K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 14, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
36) 08R-156 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 16 - 30,
2008.
Fact Sheet (14K)
Attachment (19K)
37) 08R-151 Approving a Subcontract Agreement between the City
of Lincoln on behalf of the Lincoln-Lancaster
County Health Department and Cedars Youth
Services for the Parenting Support Project for a
term of March 1, 2008 through June 30, 2009.
Fact Sheet (76K)
Attachment (632K)
38) 08R-153 Special Permit 08023 - Application of Jeffery and
Elizabeth Kohout for an early childhood care
facility in a dwelling not used for a residence,
with a request to reduce the required number of
parking stalls, on property generally located at
S. 16th Street and Smith Street (2640 S. 16th
Street).
Fact Sheet (325K)
39) 08R-155 Approving and Agreement between the City of
Lincoln and the University of Nebraska-Lincoln to
conduct stormwater quality monitoring to meet the
requirements of the City's NPDES stormwater permit
for a period of July 1, 2008 through December 31,
2008.
Fact Sheet (13K)
Attachment (862K)
40) 08R-157 Approving the City of Lincoln Redevelopment
Agreement (Rosewood Project) between the City and
B&J Partnership LTD relating to the redevelopment
of property generally located at 2301 N.W. 12th
Street for construction of 22,000 sq. ft. for
commercial space.
Fact Sheet (89K)
Attachment (1270K)
41) 08R-158 Approving a request to the City Audit Advisory
Board pursuant to Chapter 4.66 of the Lincoln
Municipal Code to consider the appropriateness and
desirability of performing an audit of the City's
fund account balances.
Fact Sheet (13K)
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 (7/9/08) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 7/14/08.
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 JULY ARE THE 14TH AND
THE 28TH.
ADJOURNMENT 4:25 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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