InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


         ACTIOM FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, DECEMBER 3, 2007 AT 1:30 P.M.
   
      During the month of December there will be 3 Council meetings:
                December 3rd, 10th, and 17th all at 1:30 p.m.
Open Microphone & Register to Speak Sessions will be held on December 3 and 17th


                                   ALL MEMBERS PRESENT

PUBLIC HEARING
LIQUOR RESOLUTIONS

1)             Manager application of Angela R. Tucci for Lazlo
               Inc. dba Empyrean Brewing/Lazlo's at 700-710 P
               Street, 729 Q Street, 210 N. 7th Street, 5900 Old
               Cheney, and 5750 S. 86th Dr. (ADOPTED FOR APPROVAL, 7-0;
               A-84633)

2)             Application of  Saleoff Enterprises Inc. dba
               Saleoff for a Class D liquor license at 1930
               West O Street.(ADOPTED FOR APPROVAL, 7-0;
               A-84634)

3)             Manager application of Walter Jon Scott for
               Saleoff Enterprises Inc. dba Saleoff at 1930
               West O Street. (ADOPTED FOR APPROVAL, 7-0;
               A-84635)

4)             Manager application of Sandra Madsen for Inter
               Com Club Inc. dba Nebraska Club at 2000 US Bank
               Building, 233 S. 13th Street.(ADOPTED FOR APPROVAL, 7-0;
               A-84636)

5)             Manager application of Cynthia Allen for Allen
               Enterprises Inc. dba Earl's Tavern at 5555
               Superior Street. (ADOPTED FOR APPROVAL, 7-0;
               A-84637)

6)             Application of Tokyo Steakhouse Inc. dba Tokyo
               Steakhouse for a Class I liquor license at 4200
               S. 27th Street, Suite 100.(ADOPTED FOR APPROVAL, 7-0;
               A-84638)

7)             Manager application of Richard Kim for Tokyo
               Steakhouse Inc. dba Tokyo Steakhouse at 4200 S.
               27th Street, Suite 100.(ADOPTED FOR APPROVAL, 7-0;
               A-84639)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)

     NONE


PUBLIC HEARING - RESOLUTIONS

 8)  07R-236   Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of November 1 -
               15, 2007.(ADOPTED, 7-0; A-84640)
               Fact Sheet (13K)
               Attachment (16K)

 9)  07R-230   Reappointing Amy Tiemann-Tipton, David McBride
               and Sharon Wherry to the Auditorium Advisory
               Board for terms expiring August 31, 2013.
               (ADOPTED, 7-0; A-84641)

10)  07R-231   Appointing Michael W. Stroup to the Auditorium
               Advisory Board to fill an unexpired term
*                expiring August 31, 2013.(ADOPTED, 7-0; A-84642)
               Attachment (30K)

11)  07R-232   Approving an Interlocal Agreement between
               Lincoln Public Schools and the City of Lincoln
               for shared space at the new Arnold Elementary
               School gymnasium and ballfields to accommodate a
               future City Recreation Center and adult
               activities.(ADOPTED, 7-0; A-84643)
               Attachment (221K)

12)  07R-233   Approving the Sub-Grant Award Agreement between
               the Nebraska Emergency Management Agency and the
               City of Lincoln regarding the 2006 Metropolitan
               Medical Response System for the Lincoln-
               Lancaster County Health Department in the amount
               of $232,330.00 for the award period of 8/30/06
               through 8/30/08.(ADOPTED, 7-0; A-84644)
               Fact Sheet (63K)
               Attachment (495K)

13)  07R-234   Approving the Sub-Grant Award Agreement between
               the Nebraska Emergency Management Agency and the
               City of Lincoln regarding the 2007 Metropolitan
               Medical Response System for the Lincoln-
               Lancaster County Health Department in the amount
               of $258,145.00 for the award period of 10/12/07
               through 6/30/10.(ADOPTED, 7-0; A-84645)
               Fact Sheet (107K)
               Attachment (374K)

14)  07R-235   A resolution revoking Special Permit 1135C as
               adopted by Resolution No. A-79989 which amended
               the Flint Ridge 2nd CUP to add 10 dwelling units
               fronting on private roadways on property
               generally located at South 66th Street and South
               Street for the reason that Permittee has failed
               to comply with the requirement that Lots 7 and
               8, Block 4, of the CUP be connected to and
               served by the private sanitary sewer and to have
               access to the private roadway.(WITHDRAWN, 7-0; #38-4560)

15)  07R-238   Declaring the official intent of the City to
               reimburse certain expenses in connection with
               the acquisition, purchase and installation of
               light poles from the proceeds of City of Lincoln
               Certificates of Participation.(ADOPTED, 7-0; A-84646)


  Anyone wishing to address an item on the Consent Agenda may
  do so at this time

                         -CONSENT AGENDA-


PETITIONS & COMMUNICATIONS

16)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPT.:
               Change of Zone 07058 - Application of Brett
               Richardson amending Title 27 of the LMC by
               amending Section 27.63.680 relating to Permitted
               Special Use: Sale of Alcoholic Beverages for
               Consumption on the Premises, to allow the sale
               of alcohol in restaurants in the O-3, B-1, B-3,
               H-1, H-2, H-3, H-4, I-1, I-2, and I-3 zoning
               districts no less than 25 feet away from a
               residential zoning district under certain
               conditions and repealing Section 27.63.680 of
               the LMC as hitherto existing.
               Change of Zone 07059 - Application of Olsson
               Associates, from B-2 to O-3 and from O-3 to B-2
               on property located at the northeast corner of
               84th Street and Holdrege Street.
               Use Permit 128B - Application of Olsson
               Associates, for an amendment to change office
               use to hotel, restaurants and retail shops with
               a request to increase the B-2 height limitation
               to 45' on property located at the northeast
               corner of 84th Street and Holdrege Street.
               Special Permit 07051 - Application of
               Rogelio Arias for the authority to sell
               alcoholic beverages for consumption on the
               premises on property located at the southeast
               corner of North 56th Street and Holdrege Street.
               The Planning Commission action is final action,
               unless appealed to the City Council.

17)            Setting the Hearing Date of Monday, December 17,
               2007 at 1:30 p.m. for Application of Los Dos
               Hermanos Mexican Caf‚, Inc. dba Los Dos Hermanos
               for a Class I liquor license located at 6117
               Havelock Avenue.  (ADOPTED, 7-0; A-84647)


18)    MISCELLANEOUS REFERRALS


REPORTS OF CITY OFFICERS

19)            Clerk's Letter and Mayors Approval of Ordinances
               and Resolutions passed by Council on November
               19, 2007. (PLACED ON FILE)

20)            Report from City Treasurer of Cash on Hand at
               the close of business October 31, 2007.  (PLACED
               ON FILE)

21)            Setting the public hearing date of Mon., Dec.
               17, 2007, at 1:30 p.m. on the assessment of the
               cost of weed removal incurred for the period of
               Jan. 1, 2007 through Dec. 31, 2007.
               (APPROVED, 7-0) 

                      - END CONSENT AGENDA - 

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 27 HAD 1ST READING)

22)  07-173    Amending the pay schedules of employees whose
               classifications are assigned to the pay range
               prefixed by the letter "N" by creating the job
               classifications of "Water Service Technician I,"
               "Water Service Technician II,", and "Senior
               Water Service Technician."
               Fact Sheet (62K)

23)  07-174    Amending the pay schedules of employees whose
               classifications are assigned to the pay range
               prefixed by the letter "A" by creating the job
               classifications of "Watershed Management
               Specialist" and "Communications Supervisor."
               Fact Sheet (58K)

24)  07-175    Change of Zone 3134C - Application of Alpha
               Devco, LLC, to amend the Willow Springs Planned
               Unit Development to increase the amount of
               medical office floor area from 18,000 sq. ft. to
               approximately 22,500 sq. ft., on property
               generally located at Pioneers Boulevard and
               Lucille Drive.
               Fact Sheet (457K)

25)  07-176    Change of Zone 04075A - Application of Village
               Gardens Development Company, LLC, to amend the
               Village Gardens Planned Unit Development to
               revise the internal zoning district boundary
               line between the B-3 PUD area and the R-3 PUD
               area, to specify that all signage in the
               underlying B-3 district is governed by the B-3
               signage regulations instead of the PUD signage
               regulations and to allow a center identification
               ground sign at the main arterial entrance to the
               B-3 zoned area, on property generally located at
               S. 56th Street and Pine Lake Road.
               Fact Sheet (1639K)
               Attachment (7K)

26)  07-177    Change of Zone 07057 - Amending Title 27 of the
               Lincoln Municipal Code by amending Sections
               27.31.090,  27.37.060, 27.39.070, 27.41.080,
               27.43.080, 27.45.070 relating to Height and Area
               Regulations in the B-2 Planned Neighborhood
               Business District, B-5 Planned Regional Business
               District, H-1 Interstate Commercial District, 
               H-2 Highway Business District, H-3 Highway
               Commercial District, and H-4 General Commercial
               District, respectively, to  increase the maximum
               height of buildings to 55 feet and to provide
               that, if the height of the building is over 40
               feet in the B-2 and B-5 districts and over 45
               feet in the H-1, H-2, H-3, and H-4 districts,
               that portion of the building in excess of such
               height shall be required to have one additional
               foot of setback to any required side and/or rear
               yard abutting an R-1 through R-4 Residential
               District for each one foot of building height in
               excess of the applicable 40 feet or 45 feet
               depending on the zoning district in question,
               except that the additional rear yard setback is
               not required in the B-5 district.
               Fact Sheet (54K)

27)  07-178    Approving a lease agreement between the City and
               the Spirits by Beckman for the lease of office
               space by the Lincoln Area Agency on Aging for
               its Lincoln Information for the Elderly (LIFE)
               Program at 708 N. Chestnut St., Wahoo, 
               Nebraska.
               Fact Sheet (68K)
               Attachment (91K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

28)  07-169    Change of Zone 07054HP - Application of Gamma
               Phi Beta House Corporation of Gamma Phi Beta
               Sorority, to designate the property at 415 N.
               16th Street as a historic landmark.
               (PASSED, 7-0; #19023)
               Fact Sheet (680K)

29)  07-170    Change of Zone 07056 - Application of John and
               Andrea Schleich for a change of zone from AGR
               Agricultural Residential District to R-3
               Residential District on approximately 4.95 acres
               of property generally located at Ashbrook Drive
               and Highway 2. (Related Items: 07-170, 07R-227)
               (PASSED, 7-0; #19024)
               Fact Sheet (271K)

30)  07R-227   Special Permit 1992A - Application of John and
               Andrea Schleich to amend the Edenton Woods 1st
               Community Unit Plan to allow an additional 33
               dwelling  units and to waive the maximum block
               length and to allow roll-over curbs, on property
               generally located at Ashbrook Drive and Highway
               2. (Related Items: 07-170, 07R-227) (Action
               Date: 12/3/07)(MOTION TO AMEND #2, ADOPTED, 7-0;
               ADOPTED AS AMENDED, 7-0; A-84648.)
               Fact Sheet (1070K)


RESOLUTION - FOR ACTION ONLY

31)  07R-225   Adopting the Lincoln Electric System Annual
               Budget for 2008. (Action Date: 12/3/07)
               (ADOPTED, 7-0; A-84649)
               Fact Sheet (54K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

32)  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)

33)  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)

34)  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)

35)  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)

36)  06-209    Approving a transfer of appropriations and cash
               (where appropriate)between projects within several
     Part B    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)

37)  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)

38)  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)

39)  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)

40)  07-139    Change of Zone 07045 - Application of Realty
               Trust Group for a change of zone from R-3
               Residential Planned Unit Development to B-2
               Planned Neighborhood Business District on
               approximately 5.87 acres generally located at S.
               84th Street and Old Cheney Road. (9/17/07 -
               Action Delayed 1 wk. to 9/24/07) (9/24/07 -
               Placed on Pending, No Date Certain)
               Fact Sheet (399K)


 WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
  PUBLIC HEARING ON MONDAY, DECEMBER 10, 2007, AT 1:30 P.M.
						(APPROVED, 7-0)

41)  07R-239   Amending an Interlocal Agreement between the
               City of Lincoln and Lancaster County regarding
               the widening and reconstruction of N.W. 56th
               Street to add work, including acquisition of
               right-of-way, and maintenance responsibilities
               in W. Adams Street from a point 731 feet west of
               N.W. 56th Street to N.W. 48th Street, and to
               extend the completion date of the project until
               the Fall of 2008.

42)  07R-240   Special Permit 07049 - Appeal of Danelle Catlett
               to the Planning Commission conditional approval
               of the application of Dan Lesoing dba D.J.'s
               Bartending for authority to sell alcoholic
               beverages for consumption on the premises
               generally located at 710 Hill Street.
               Fact Sheet (824K)

43)  07R-241   Appointing Dr. John Bonta to the Emergency
               Medical Services Inc. Board of Directors to fill
               an unexpired three-year term expiring March 28,
               2008.
               Attachment (23K)


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 (12/12/07) 
     PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
     OPEN MICROPHONE SESSION WHICH IS 12/17/07.


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 DECEMBER ARE THE 3RD AND THE 17TH.


ADJOURNMENT	2:39 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
                               ***

City Council
Meetings