City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 10, 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 3rd and 17th
ALL MEMBERS PRESENT
MAYOR BEUTLER'S AWARD OF EXCELLENCE FOR THE MONTH OF NOVEMBER 2007
WAS PRESENTED TO SERGEANT LUKE WILKE WITH THE LINCOLN POLICE
DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY.
COUNCIL WAIVED RULES OF PROCEDURE IN ORDER TO INTRODUCE A RESOLUTION
ON BEHALF OF THE CITIZENS OF THE CITY OF LINCOLN, EXTENDING THEIR
HEARTFELT SORROW FOR THE LOSS OF LIVES AND INJURIES SUFFERED BY
THE VICTIMS OF THE OMAHA TRAGEDY AND DOES HEREBY EXTEND ITS HEARTFELT
CONDOLENCES TO THE VICTIMS AND THEIR FAMILIES. (RULES WAIVED, 7-0;
ADOPTED, 7-0; A-84650)
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 1
THRU 6 HAD 2ND READING)
1) 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)
2) 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)
3) 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)
4) 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)
5) 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)
6) 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)
PUBLIC HEARING - RESOLUTIONS (SEE ITEM 8)
7) 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. (ADOPTED, 7-0; A-84651)
8) 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.
(ACTION DELAYED 1 WEEK TO 12/17/07 W/CON'T
PUBLIC HEARING, 4-3; ESCHLIMAN, SPATZ, SVOBODA
DISSENTING)
Fact Sheet (824K)
Anyone wishing to address an item on the Consent Agenda may do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
9) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 07061 - App. of
Stephen Glenn for a change from B-1 Local
Business District to B-2 Planned Neighborhood
Business District on property generally located
at S. 70th Street and Van Dorn Street.
Change of Zone No. 07062 - App. of Erin
Bright for a change from AG Agricultural
District to R-3 Residential District on property
generally located at N. 14th Street and
Alvo Road.
Special Permit No. 07052 - App. of ESP,
Inc. to allow an existing accessory building to
be used as a dwelling for a domestic employee on
property generally located at S. 120th Street
and O Street.
Special Permit No. 07053 - App. of Rick
Clark for a garden center on property generally
located at S. 110th Street and Saltillo Road.
Pre-Existing Use Permit No. 07001A - App.
of Stephen Glenn for approx. 16,000 sq. ft. of
commercial floor area with an adjustment to
required parking on property generally located
at S. 70th Street and Van Dorn Street.
10) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
11) 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. (ADOPTED, 7-0; A-84652)
Attachment (23K)
12) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended October 31,
2007. (ADOPTED, 7-0; A-84653)
13) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on November 26, 2007. (PLACED ON FILE)
14) Report from City Treasurer of Telecommunications
Occupation Tax for the 3rd Quarter 2007:
Fast Phones of Nebraska, Telenational
Communications, Startec Global Operating,
Reliance Communications, Southwest, IDT Corp,
Matrix Telecom, Cause Based Commerce, PNG
Telecommunications, AccessLine, Who's Calling,
Windstream Nebraska; September 2007:
Teleplus Wireless, Business Prod. Solutions,
Cimco, Flying J Communications, KDDI America,
IBM Global, Guaranteed Phone Service,
Intellicall Operator, Network Billing Systems,
Norstan Network, Earthlink, VoiceCom, TracFone
Wireless, Andiamo Telecom, LDMI, Advanced Tel
Inc., Broadband Dynamics, GlobalStar USA, McLeod
USA, Primus, Comtel Telcom Assets, XO Communications,
UCN, Telecorp, Movida, Trans National, Verizon-
Bell Atlantic, Air Cell, Global Crossing Bandwidth,
Global Crossing Telecommunications, Qwest
Communications Corp., Working Assets Funding
Service, ACN Communications, AireSpring,
OnStar Corp, Virgin Mobile USA, Wholesale
Carrier Services, Broadwing, USCOC of
Nebraska/Kansas, Cincinnati Bell Any Distance,
Verizon Select, Nebraska Technology, Windstream
Systems of the Midwest, Windstream Nebraska,
Cricket, New Cingular Wireless, AT&T Comm. of
Midwest, TWC Digital Phone, USCOC of Greater
Iowa; October 2007: D&D Communications,
Nextel Partners, Sprint Spectrum, Sprint
Communication Company, First Communications,
Tri-M, Zone Telecom, GTC Telecom, Enhanced,
Globalcom, Lightyear Network, Nextel West,
Acceris, 360 Networks, Business Telecom,
SBC Long Distance, NOSVA Limited Partnership,
Covista, NOS Communications, BT Americas,
Affinity Network, ATS Mobile Telephone.
(PLACED ON FILE)
15) Report from City Treasurer of franchise tax for
the month of September 2007 from Aquila.
(PLACED ON FILE)
16) Report from City Treasurer of E911 surcharge for
the 3rd Quarter: TWC Digital Phone, LLC;
September 2007: AT&T Comm. of Midwest;
October 2007: TWC Digital Phone, LLC, AT&T Comm.
of Midwest, Level 3 Communications.
(PLACED ON FILE)
17) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for November, 2007.
(PLACED ON FILE)
18) Report from the City Treasurer of Franchise Tax
from Time Warner Cable for the Quarter ending
September 30, 2007. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19
THRU 24 HAD 1ST READING)
19) 07-179 Approving a transfer of appropriations and cash
(where appropriate) between projects within two
funds within the Public Works & Utilities
Department.
Fact Sheet (58K)
20) 07-180 Amending Chapter 19.03 of the LMC (the Fire
Code) to adopt the 2006 edition of the
International Fire Code except as provided by
specific amendments recommended by the Fire Code
Task Force and Code Study Committee.
Fact Sheet (69K)
21) 07-181 Amending Chapter 20.10 of the LMC (the Lincoln
Residential Building Code) to adopt the 2006
edition of the International Residential Code
except as provided by specific amendments
recommended by the Building Code Task Force and
Code Study Committee.
Fact Sheet (66K)
22) 07-182 Amending Chapter 20.08 of the LMC (the Lincoln
Building Code) to adopt the 2006 edition of the
International Building Code except as provided
by specific amendments recommended by the
Building Code Task Force and Code Study
Committee.
Fact Sheet (67K)
23) 07-183 Amending Section 14.24.030 of the Lincoln
Municipal Code relating to the size and location
of building numbers to reference the
International Building Code and the
International Fire Code.
Fact Sheet (66K)
24) 07-184 Amending Chapter 21.01 of the Lincoln Municipal
Code (Lincoln Housing Code) to make the Housing
Code compatible with the International Building
Code and the International Fire Code.
Fact Sheet (69K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
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) 07-97 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)
32) 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)
33) 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 17, 2007, AT 1:30 P.M.
(APPROVED, 7-0)
34) 07R-242 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 16 -
30, 2007.
Fact Sheet (13K)
Attachment (16K)
35) 07R-243 Appointing Cathy Beecham and Berwyn Jones to the
Historic Preservation Commission for three-year
terms expiring April 15, 2010.
Attachment (63K)
36) 07R-244 Application of Peoples City Mission for the use
of public right-of-way for construction of a
parking lot at North 1st Street, north of Q
Street.
Fact Sheet (56K)
Attachment (126K)
37) 07R-245 Approving a temporary early retirement incentive
program and establishing eligibility
requirements, enrollment period, required
retirement date and incentive amounts for
the FY 2008 - 2009 budget.
38) 07R-246 Assessing the costs incurred for cutting,
clearing and removing weeds against the
various benefitted properties for the period
of January 1 through December 31, 2007.
Attachment (320K)
39) 07R-247 Approving the assignment of the Franchise
Agreement for the provision of natural gas
services to Lincoln between the City and Aquila
to Black Hills/Nebraska Gas Utility Company, LLC
and authorizing the Mayor to execute the same on
behalf of the City.
Attachment (124K)
Please note: During the Open Microphone & Registered Sectionof 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 4:38 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
***