City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 20, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 1
THRU 5 HAD 2ND READING)
1) 07-127 Change of Zone 07038 - Application of Ron Biloff
on behalf of Harriett Biloff for a change of zone
from R-4 Residential District to O-2 Suburban
Office District on property generally located
southeast of the intersection of S. 47th Street
and Lowell Ave.
Fact Sheet (277K)
2) 07-128 Change of Zone 07040HP - Application of Havelock
Business Association for a landmark district
designation for the Havelock Avenue Landmark
District on properties from 6024 Havelock Avenue
to 6262 Havelock Avenue and from 6033 Havelock
Avenue to 6245 Havelock Avenue.
Fact Sheet (1672K)
3) 07-129 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation by amending
Section 8.06.145 to increase the fee for open
burning permits; amending Section 8.08.060 to
increase permit fees for body art establishments;
amending Section 8.08.090 to increase the late fee
for body art establishment permits; amending
Section 8.08.150 to increase the initial permit
fee for a body art practitioner; amending Section
8.08.350 to increase the fee for reinstatement of
a suspended permit for body art establishments or
practitioners; amending Section 8.12.035 to
increase the initial and renewal permit fees for
small family child care homes; amending Section
8.14.037 to increase the fees related to child
care programs; amending Section 8.20.150 to
increase food establishment permit fees; amending
Section 8.20.160 to increase late fees for food
establishment permits; amending Section 8.20.170
to increase the fee for reinstating a suspended
food establishment permit; amending Section
8.24.150 to increase the permit fee for variances
to the noise control ordinance; amending Section
8.38.090 to increase the permit fee for Class A or
Class B swimming pools; amending Section 8.40.070
to increase the permit fee for space facilities;
and amending Section 8.44.070 to increase the
permit fees relating to water wells.
Fact Sheet (96K)
4) 07-130 Amending Chapter 5.41 of the Lincoln Municipal
Code relating to Salvaging, Recycling and
Composting Operations by amending Section 5.41.050
to increase permit fees; amending Section 5.41.060
to increase the occupation tax for salvage
operations and commercial composting operations;
and amending Section 5.41.070 to increase the
occupation tax late fee.
Fact Sheet (91K)
5) 07-131 Amending Title 24 of the Lincoln Municipal Code,
Plumbing and Sewers, by amending Section 24.38.070
to increase permit fees relating to on-site
wastewater treatment systems; and amending Section
24.42.110 to increase the fee for evaluation and
review of Property Transfer Inspector reports and
any necessary site visits by the Health Director.
Fact Sheet (93K)
PUBLIC HEARING - RESOLUTIONS
6) 07R-148 Adopting the 2007/08 City of Lincoln Annual
Operating Budget and Capital Improvement Program
for FY 2007/08 - 2012/13. (SUBSTITUTE RESOLUTION
ACCEPTED, 7-0; ADOPTED, 7-0; A-84483)
Attachment (1214K)
7) 07R-152 Approving a new schedule for water use charges and
approving the issuance of additional revenue bonds
for the Capital Improvements Program Fiscal Year
2007-2008 through Fiscal Year 2012-2013. (ADOPTED,
6-1; COOK DISSENTING; A-84484)
Fact Sheet (64K)
8) 07R-153 Approving a new schedule for wastewater use
charges and approving the issuance of additional
revenue bonds for the Capital Improvements Program
Fiscal Year 2007-2008 through Fiscal Year
2012-2013. (ADOPTED, 6-1; COOK DISSENTING; A-84485)
Fact Sheet (60K)
9) 07R-155 Amending the Lincoln Lancaster County Air
Pollution Control Program Regulations and
Standards by amending Article 1, Section 6, to
increase the fees for asbestos project
notifications and by amending Article 2, Section
30, to increase the charge for engineering reviews
of air pollution control construction permits.
(ADOPTED, 7-0; A-84486)
Fact Sheet (104K)
Attachment (109K)
10) 07R-156 Amending the Lincoln Lancaster County Air
Pollution Control Program Regulations and
Standards to increase the fees for special waste
permits. (ADOPTED, 7-0; A-84487)
Fact Sheet (99K)
11) 07R-157 Application of Hamilton College - Lincoln to use
the public right-of-way to install an overhead
fiber optic line across the alley between
properties at 1821 K Street and 1800 J Street.
(ADOPTED, 7-0; A-84488)
Attachment (290K)
Anyone wishing to address an item on the Consent Agenda may do
so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
12) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 07048: App. of Mark
Hunzeker for a change of zone from H-3 Highway
Commercial District to I-1 Industrial District, on
property located at 200 NW 28th Street.
Change of Zone No. 07049HP: App. of Matt
and Lisa Innis to designate as a historic
landmark, property located at 1204 Peach Street.
Special Permit No. 07034: App. of Matt and
Lisa Innis to preserve a landmark by permitting
the utilization of the property for a tea room, on
property located at 1204 Peach Street.
Special Permit No. 07004: App. of Verizon
Wireless for an approx. 158 ft. tall personal
wireless facility on property generally located at
12900 and O Streets.
13) Setting the hearing date of Monday, September 10,
2007 at 1:30 p.m. for the Application of Peacock
Indian Cuisine, Inc. dba Peacock Indian Cuisine
for a Class I liquor license located at 2801 Pine
Lake Road, Suite W. (ADOPTED, 7-0; A-84489)
14) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
15) 07R-149 Approving the appointment of Leirion Gaylor Baird
to the Lincoln-Lancaster County Planning
Commission for a six-year term expiring
September 18, 2013. (P.H. W/ACTION CON'T TO
9/24/07, 7-0)
Attachment (222K)
16) 07R-150 Approving the appointment of Wendy J. Francis to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring August 31, 2013.
(P.H. W/ACTION CON'T TO 9/24/07, 7-0)
Attachment (190K)
17) 07R-151 Approving the appointment of Robert R. Moline to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring August 31, 2013.
(P.H. W/ACTION CON'T TO 9/24/07, 7-0)
Attachment (163K)
18) Report from City Treasurer of Franchise Tax for
the month of June, 2007 from Aquila. (PLACED ON FILE)
19) Report from City Treasurer of 911 Surcharge Fees
for the month of June, 2007: Level 3
Communications; AT&T Communications of Midwest;
Comtel Telcom Assets LP; 2nd Quarter
2007: Windstream. (PLACED ON FILE)
20) Report from City Treasurer of franchise fees for
the quarter ending June 30, 2007 from Time Warner
Cable. (PLACED ON FILE)
21) Report of City Treasurer of Telecommunications
Occupation Tax for the month of December 2006:
Shaffer Communications, Inc.; March 2007: Shaffer
Communications, Inc.; May 2007: Cimco
Communications, Verizon-Bell Atlantic, Movida
Communications, TON Services, Business Prod.
Solutions, Teleplus Wireless Corp., Qwest Comm.
Corp., Telecorp Communications, Intellicall
Operator Services, Earthlink, Advanced Tel Inc.,
LDMI Telecommunications, XO Communications,
TracFone Wireless, VoiceCom, IBM Global, Quantum
Shift, KDDI America, Globalstar USA, Trans
National, Primus Telecomm., Global Crossing,
Global Crossing Bandwidth, OnStar, Cincinnati Bell
Any Distance, Verizon Select, Andiamo Telecom,
Working Assets, Broadwing Comm., McLeod USA, ACN
Comm., Broadband Dynamics, Virgin Mobile, USCOC of
Nebraska/Kansas, UCN, Inc., Telecommunications
Systems Corp of Maryland, Network Billing,
Guaranteed Phone Service, Nebraska Technology,
AT&T Comm. of Midwest, New Cingular Wireless,
Cricket, USCOC of Greater Iowa; June 2007: Sprint,
Sprint Spectrum, Alltel, WWC License, TWC Digital
Phone, Sprint Spectrum LP, D & D Comm., MCI,
Windstream Nebraska, Windstream Systems of the
Midwest, Network Billing, Zone Telecom, GTC
Telecom, Enhanced Comm., Comtech 21, Globalcom,
Tri-M, Lightyear Network Solutions, Acceris, SBC
Long Distance, First Communications, 360 Networks,
BT Americas, NOSVA, Covista, NOS Communications,
Affinity Network, ATS Mobile, Shaffer
Communications, Nextel West Corp.; April-June
2007: T-Mobile Central, Trinsic, Helio, 800
Response Information Services, NECC Telecom,
Network US, Enhanced Communications Group,
Digizip.com, AmeriVision, Touch 1, Windstream
Nebraska, Inc. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
THRU 26 HAD 1ST READING)
22) 07-132 Vacation 05008 - Vacating Pine Lake Road between
Westshore Drive and Eastshore Drive.
Fact Sheet (1252K)
23) 07-133 Approving an Agreement between the City and St.
James United Methodist Church for the lease of
space by the Lincoln Area Agency on Aging for its
ActivAge Center program at 2400 S. 11th Street for
a period of September 1, 2007 through August 31,
2008.
Fact Sheet (76K)
Attachment (82K)
24) 07-134 Approving an Amendment to Lease Agreement, the
Gold's Building, between the City of Lincoln and
Security National Properties Funding, LLC, to
strike paragraph 9, Subrogation, from the Lease.
Attachment (1087K)
25) 07-135 Approving a sublease agreement between the City of
Lincoln and the State of Nebraska Department of
Labor to sublease 6,568 sq. ft. of office space in
the One Stop Career Center at the Gold's Building
for a term of January 1, 2007 to December 31, 2011.
Attachment (1359K)
26) 07-136 Approving a sublease agreement between the City of
Lincoln and the State of Nebraska Department of
Education, Vocational Rehabilitation Services to
sublease 154 sq. ft. of office space in the One
Stop Career Center at the Gold's Building for a
term of January 1, 2007 to December 31, 2009.
Attachment (1345K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 07-122 Change of Zone 07018 - Application of Hampton
Enterprises for a change of zone from AG
Agricultural District to R-3 Residential District,
for a Planned Unit Development District
designation of said property and for approval of a
development plan for approximately 78 dwelling
units and approximately 258,000 square feet of
office and commercial space in the underlying R-3
zoned area, on property generally located at
S. 84th and Glynoaks Drive. (PASSED, 7-0; #18976)
Fact Sheet (1535K)
28) 07-123 Amending Title 27 of the Lincoln Municipal Code
relating to the Zoning Code by adding a new
section 27.03.555 to define the term "social
hall"; by amending Sections 27.29.030, 27.31.040,
27.33.030, 27.37.025, 27.41.030, 27.43.030, and
27.45.025 to allow social halls as permitted
conditional uses in the B-1, B-2, B-3, B-5, H-2,
H-3, and H-4 zoning districts, respectively, and
to establish conditions therefor.
(PASSED, 7-0; #18977)
Fact Sheet (796K)
29) 07-124 Approving a Sublease Agreement between the City
and Goodwill Industries for providing job training
and employment services under the Workforce
Investment Act. (PASSED, 7-0; #18978)
Fact Sheet (47K)
Attachment (218K)
30) 07-125 Approving a transfer of appropriations and cash
(where appropriate) between projects within
several funds within the Public Works & Utilities
Department. (PASSED, 7-0; #18979)
Fact Sheet (54K)
31) 07-126 Approving a transfer of funds within the Parks &
Recreation Department Capital Improvement Program.
(PASSED, 7-0; #18980)
Fact Sheet (89K)
32) 07R-143 Authorizing the Mayor to execute a multi-year
contract per City Ordinance when funding
appropriations comes from more than one fiscal
year CIP for the Joint Antelope Valley (JAVA)
Project No. 780104, Antelope Valley O Street
Bridge and Roadway.(8/13/07 - Delayed 1 week
for Action Only) (AMENDED, 7-0; ADOPTED AS
AMENDED, 7-0; A-84490)
Fact Sheet (61K)
33) 07R-144 Authorizing the Mayor to execute a multi-year
contract per City Ordinance when funding
appropriations comes from more than one fiscal
year CIP for the Antelope Valley Phase 1 "East
Leg" of Big "X", City Project 780107. (8/13/07
- Delayed 1 week for Action Only) (AMENDED, 7-0;
ADOPTED AS AMENDED, 7-0; A-84491)
Fact Sheet (62K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 27, 2007, AT 5:30 P.M.:
(APPROVED, 7-0; SEE ITEM 44)
42) 07R-158 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 - 15,
2007.
Fact Sheet (13K)
Attachment (15K)
43) 07R-159 Approving the 2007 - 08 Work Plan for the
Interlocal Agreement on Stormwater Management
between the City and Lower Platte South Natural
Resources District regarding stormwater quality
and quantity issues.
Fact Sheet (57K)
Attachment (213K)
44) 07R-160 Appeal from the Planning Commission approval of
Special Permit 07026 for authority to construct a
31 unit domiciliary care facility for 33 residents
on approximately 1.84 acres generally located at
S. 25th Street and Old Cheney Road. (Request to
hold P.H. on 9/10/07) (MOTION TO HAVE P.H. 8/27/07
W/CON'T P.H. AND ACTION ON 9/10/07, 7-0)
Fact Sheet (4304K)
Fact Sheet (-0K)
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 (8/22/07) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 8/27/07.
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 AUGUST ARE THE 13TH AND THE 27TH.
ADJOURNMENT 3:36 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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