City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 23, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
PLEASE NOTE: THE AUGUST 6, 2007 CITY COUNCIL MEETING IS SCHEDULED
FOR 2:30 P.M. - 10:30 P.M. FOR PUBLIC HEARING ON THE 2007-08
BUDGET & THE CIP.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Lincoln Pub Group, Inc. dba The N-
Zone for a special designated license covering an
outdoor area measuring 65' by 50' immediately
adjacent to its licensed premises located at 728
1/2 Q Street on September 1, 15, 22, 29; October 13,
20; November 10, 2007, from 8:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-84455)
2) Application of Point After Inc. dba Point After to
expand its licensed premises by the addition of an
outside area measuring approximately 16 ft. x 16
ft. to the east at 1011 W. Dawes Ave.
(ADOPTED FOR APPROVAL, 7-0; A-84456)
3) Manager application of Don H. Ehly for Hinky Dinky
Lincoln #9 LLC dba Sun Mart #738 at 2145 S. 17th
Street. (ADOPTED FOR APPROVAL, 7-0; A-84457)
4) Application of Slapshotz Bar & Grill Inc. dba
Slapshotz Bar & Grill to expand its licensed
premises by the addition of an outside area
measuring 17 ft. x 44 ft. to the south at 1245
Libra Drive, Suite 110. (ADOPTED FOR
APPROVAL, 7-0; A-84458)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 5
HAD 2ND READING)
5) 07-110 Approving a Lease Agreement between Lincoln
Medical Education Partnership and the City of
Lincoln for a three-year lease of space for the
Lincoln-Lancaster County Health Department WIC
Program at 4500 Valley Road.
Fact Sheet (120K)
Attachment (319K)
PUBLIC HEARING - RESOLUTIONS
6) 07R-36 Special Permit 1989A - Application of Sid Dillon
Automobile Dealership to modify the Design
Standards for parking lots to allow 20 ft. candle
lighting levels in the display areas on property
generally located at S. 27th St. & Kendra Ln.
(2/12/07 - Placed on Pending for P.H. &
Action 5/7/07) (5/7/07 - P.H. con't. to
7/23/07) (CON'T P.H. W/ACTION ON 7/30/07, 7-0)
Fact Sheet (1005K)
7) 07R-132 Approving a labor contract between the City of
Lincoln and the Lincoln "M" Class Employees
Association. (CON'T P.H. W/ACTION ON 7/30/07, 7-0)
Fact Sheet (88K)
Attachment (803K)
PUBLIC HEARING
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
8) 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) (PLACED ON PENDING, NO DATE
CERTAIN, 7-0)
Fact Sheet (1439K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
9) Report of Nebraska Department of Roads 2008-2013
Surface Transportation Program. (PLACED ON FILE)
10) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
11) Setting the interest rate and levying the
assessments on special assessment districts heard
by the Board of Equalization at its meeting held
Monday, July 16, 2007; and accepting the Report on
Board of Equalization to City Council on Special
Assessment Group I. (ADOPTED, 7-0; A-84459)
12) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on July 9,
2007. (PLACED ON FILE)
-END CONSENT AGENDA -
-END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 24 HAD 1ST READING)
13) 07-111 Comp. Plan Conformance 07013 - Declaring
approximately 1.3 acres of property generally
located at S. 67th Street and Pioneers Blvd. as
surplus. (Related Items: 07-111, 07-112, 07R-133)
Fact Sheet (511K)
14) 07-112 Change of Zone 07034 - Application of One Vista,
LLC for a change of zone from P Public Use
District to O-3 Office Park District on
approximately 1.3 acres generally located at S.
67th Street and Pioneers Blvd. (Related Items:
07-111, 07-112, 07R-133)
Fact Sheet (286K)
15) 07R-133 Use Permit 106B - Application of One Vista, LLC,
to amend Use Permit 106B to add approximately
60,000 sq. ft. of additional floor area with an
adjustment to the required parking and the front
yard setback along Pioneers Blvd., on property
generally located at 65th and Pioneers Blvd.
(Related Items: 07-111, 07-112, 07R-133)
Fact Sheet (600K)
16) 07-113 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned
to pay ranges prefixed by the letter A and C (LCEA).
Fact Sheet (14K)
Attachment (23K)
Attachment (15K)
Attachment (15K)
Attachment (20K)
17) 07-114 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned
to pay ranges prefixed by the letter B (ATU).
Fact Sheet (14K)
Attachment (10K)
18) 07-115 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned
to pay ranges prefixed by the letter E (Excluded).
Fact Sheet (14K)
Attachment (5K)
Attachment (6K)
19) 07-116 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned
to pay ranges prefixed by the letter F (IAFF).
Fact Sheet (14K)
Attachment (21K)
20) 07-117 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned
to pay ranges prefixed by the letter M (Management).
Fact Sheet (14K)
Attachment (9K)
Attachment (5K)
21) 07-118 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned
to pay ranges prefixed by the letter N (PAGE).
Fact Sheet (14K)
Attachment (14K)
Attachment (14K)
22) 07-119 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned
to pay ranges prefixed by the letter P (LPU).
Fact Sheet (14K)
Attachment (6K)
23) 07-120 Adopting pay schedules and schedules of pay ranges
for employees whose classifications are assigned
to pay ranges prefixed by the letter X (Excluded).
Fact Sheet (14K)
Attachment (6K)
Attachment (11K)
24) 07-121 Amending Section 2.76.380 of the Lincoln Municipal
Code, Sick Leave with Pay, to change the amount of
accumulated sick leave to be paid upon retirement,
death or reduction in force for an employee whose
pay range is prefixed by the letter N or X from
one-fourth to one-third.
Fact Sheet (13K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 07-104 Approving a lease agreement between the City and
Mueller/Bigert Rentals for the lease of space by
the Lincoln Area Agency on Aging for its Lincoln
Information for the Elderly (LIFE) Program at 137
N. 8th Street, Geneva, Nebraska. (PASSED, 7-0;
#18958)
Fact Sheet (69K)
Attachment (72K)
26) 07-105 Approving a lease agreement between the City and
the Polk Senior Center for the lease of space by
the Lincoln Area Agency on Aging for its Lincoln
Information for the Elderly (LIFE) Program at 330
N. State Street, Osceola, Nebraska. (PASSED, 7-0;
#18959)
Fact Sheet (71K)
Attachment (74K)
27) 07-106 Change of Zone 07031 - Amending Section 27.63.470
of the Lincoln Municipal Code to add motels and
hotels and the sale of alcohol for uses that meet
the conditions of Sections 27.63.680 and 27.63.685
as uses approved by special permit within a
planned service commercial development.
(PASSED, 7-0; #18960)
(Related Items: 07-106, 07-107, 07R-129)
Fact Sheet (91K)
28) 07-107 Change of Zone 07030 - Application of Thomas
Folsom and Donald and Susan Brouse for a change of
zone from R-4 Residential District and O-3 Office
Park District to H-4 General Commercial District
on property generally located at S. 27th Street
and Tamarin Ridge Road. (Related Items: 07-106,
07-107, 07R-129) (PASSED, 7-0; #18961)
Fact Sheet (241K)
29) 07R-129 Special Permit 07015 - Application of Thomas
Folsom and Donald and Susan Brouse for a Planned
Service Commercial use including a hotel with
meeting room space and a restaurant, on property
generally located at S. 27th Street and Tamarin
Ridge Road with variances of height and yard
requirements. (Related Items: 07-106, 07-107,
07R-129) (Action Date: 7/23/07) (ADOPTED, 7-0;
A-84460)
Fact Sheet (1671K)
30) 07-108 Change of Zone 07033 - Amending Title 27 of the
Lincoln Municipal Code to allow joint parking
lots and parking garages as a permitted
conditional use in the O-3, R-T, B-2, B-5, and I-3
zoning districts subject to conditions.
(Related Items: 07-108, 07R-130) (PASSED, 7-0;
#18962)
Fact Sheet (155K)
31) 07R-130 Use Permit/Special Permit 19A - Application of
70th Street Properties to adjust the side yard
setback to zero feet for parking at the Lincoln
Surgical Center generally located at 1710 S. 70th
Street. (Related Items: 07-108, 07R-130)
(Action Date: 7/23/07) (ADOPTED, 6-1; COOK DISSENTING;
A-84461)
Fact Sheet (415K)
32) 07-109 Change of Zone 07035 - Amending Section 27.35.070
of the Lincoln Municipal Code relating to Height
and Area Regulations in the B-4 Lincoln Center
Business District to reduce the front, side and
rear yards to 0 and to amend the related tables to
reflect said changes. (PASSED, 7-0; #18963)
Fact Sheet (107K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST EXTENDED ONE WEEK
33) 02-114 Amending Chapter 2.54 of the Lincoln Municipal
Code by adding a new section entitled "Standards
of Ethical Conduct for Employees & Elected
Officials" to supplement the existing conflicts of
interest regulations. (7/29/02 - Placed on
Pending until a committee is formed)
Fact Sheet (3K)
34) 05R-301 Comp. Plan Amendment No. 05011 - Amending the 2025
Lincoln/ Lancaster County Comprehensive Plan by
changing approximately 14 acres of Public/Semi-
Public and Green Space to Commercial use, on
property generally located at the southeast corner
of N. 84th St. and Havelock Ave. (Related
Items: 05R-301, 05R-302) (12/19/05 - Placed on
Pending Indefinitely)
Fact Sheet (676K)
35) 05R-302 Approving a memorandum of Understanding between
the City and the Lancaster County Agricultural
Society associated with the Society's request for
a comprehensive plan amendment designating
approximately 14.4 acres generally located on the
southeast corner of 84th St. and Havelock Ave. as
commercial. (Related Items: 05R-301, 05R-302)
(12/19/05 - Placed on Pending Indefinitely)
Fact Sheet (676K)
Attachment (394K)
36) 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)
37) 06-209 Approving a transfer of appropriations and cash
Part B (where appropriate) between projects within several
funds within the Public Works & Utilities Department
and to designate street projects for Highway
Allocation Funds for Fiscal Year 2006 - 2007.
(1/8/07 - Project #902269, placed on
pending, no date certain; all other projects
approved)
38) 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)
39) 07-97 Change of Zone 07022 - Application of Hoppe
Partners Ltd. for a change of zone from R-6
Residential District to B-4 Lincoln Center
Business District on property generally
located at the southeast corner of S.
19th and L Streets. (Request to place
on Pending) (6/25/07 - Placed on Pending
Indefinitely)
Fact Sheet (638K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 30, 2007, AT 5:30 P.M.:
(APPROVED 7-0)
40) 07R-137 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 1 - 15,
2007.
Fact Sheet (13K)
Attachment (15K)
41) 07R-134 Approving an Interlocal Agreement between the City
and Saline County for the mutual and separate
responsibilities of each in the operation,
management, support, monitoring, and evaluation of
the Saline Eldercare Program as specified in the
Saline Eldercare Service Plan.
Fact Sheet (74K)
Attachment (955K)
42) 07R-135 Approving an Agreement between the City and BKD,
LLP for Auditing Services to the City of Lincoln
for the Fiscal Years ending August 31, 2007, 2008,
2009, and 2010.
Fact Sheet (57K)
Attachment (974K)
43) 07R-136 Approving an Agreement between the City and BKD,
LLP for Auditing Services for the Fiscal Years
ending August 31, 2007, 2008, 2009, and 2010 for
Lincoln Water and Wastewater Systems.
Fact Sheet (56K)
Attachment (1017K)
44) 07R-138 Reappointing Lizabeth Kuhlman to the International
Fire Code Board of Appeals for a term expiring
December 15, 2009.
45) 07R-139 Reappointing Ronald Geary to the Heating,
Ventilating & Cooling Board of Examiners for a
term expiring March 15, 2009.
46) 07R-140 Approving the 2007-2008 Management and Maintenance
BID Budgets and Program of Work for the Downtown
Lincoln Association Program for the period of
September 1, 2007 to August 31, 2008.
Fact Sheet (69K)
Attachment (578K)
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 (7/25/07) PRIOR TO
THE NEXT FORMAL CITY COUNCIL MEETING HAVING
AN OPEN MICROPHONE SESSION WHICH IS 7/30/07.
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 FOR JULY ARE THE 9TH AND THE 30TH.
ADJOURNMENT 2:14 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
***