City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 17, 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
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Los Dos Hermanos Mexican Cafe‚
Inc. dba Los Dos Hermanos for a Class I liquor
license at 6117 Havelock Ave. (ADOPTED FOR APPROVAL,
7-0; A-84654)
2) Manager application of Maria G. Rico for Los Dos
Hermanos Mexican Cafe‚ Inc. dba Los Dos Hermanos
at 6117 Havelock Ave. (ADOPTED FOR APPROVAL, 7-0;
A-84655)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 3 THRU 8 HAD 2ND READING. SEE ITEM #3)
3) 07-179 Approving a transfer of appropriations and cash
(where appropriate) between projects within two
funds within the Public Works & Utilities
Department. (Request to have 2nd & 3rd Readings
w/Action 12/17/07) (WAIVED RULES TO HAVE ACTION THIS
DATE, 7-0; PASSED, 7-0; #19025)
Fact Sheet (58K)
4) 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)
5) 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)
6) 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)
7) 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)
8) 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)
PUBLIC HEARING - RESOLUTIONS
9) 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.
(12/10/07-Public Hearing & Action con't. 1
week to 12/17/07)(AMENDED, 4-3; COOK, ESCHLIMAN,
MARVIN DISSENTING; ADOPTED AS AMENDED, 4-3; COOK,
ESCHLIMAN, MARVIN DISSENTING; A-84656)
Fact Sheet (824K)
10) 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. (ADOPTED, 7-0; A-84657)
Fact Sheet (13K)
Attachment (16K)
11) 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.(ADOPTED, 7-0; A-84658)
Fact Sheet (56K)
Attachment (126K)
12) 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.(TO HAVE SPECIAL MEETING ON
FRIDAY, 12/21/07 @ 10:30 A.M., 6-1; CAMP DISSENTING)
13) 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.(AMENDED #1, 7-0;
AMENDED, #2; ADOPTED AS AMENDED, 7-0; A-84659)
Attachment (320K)
14) 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.(ACTION DELAYED TO 1/07/08, 7-0)
Attachment (124K)
Anyone wishing to address an item on the Consent Agenda may do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
15) Informal petition from Gerald R. Spahn for LMI
funding and paving of Q Street between N.
35th and N. 36th Street in accord with guidelines
established by Ordinance No. 18842.
(REFERRED TO PUBLIC WORKS)
16) Setting the Hearing Date of Monday, January 7,
2008 at 1:30 p.m. for Manager Application of
Richard J. Hurt for Kwik Shop, Inc. dba Kwik
Shop #618, 4750 Calvert St.; Kwik Shop #619,
2302 Cornhusker Hwy.; Kwik Shop #632, 5900
Fremont St.; Kwik Shop #634, 2940 N. 14th St.;
Kwik Shop #635, 2330 N. 1st St.; Kwik Shop #637,
2710 W St.;Kwik Shop #641, 2811 N. 48th St.; Kwik
Shop #642, 3939 A St.; Kwik Shop #646, 3301
Holdrege St.; Kwik Shop #650, 5600 Holdrege St.;
Kwik Shop #662, 2040 S. 56th St.; Kwik
Shop #663, 4400 Cornhusker Hwy.; Kwik Shop #680,
1441 N. Cotner; Kwik Shop #681, 4400 O St.
(ADOPTED, 7-0; A-84660)
17) Setting the Hearing Date of Monday, January 7,
2008 at 1:30 p.m. for Application of Hy-Vee,
Inc. dba Hy-Vee 5 for an addition to premise
located at 7151 Stacy lane.(ADOPTED, 7-0;
A-84661)
18) Setting the Hearing Date of Monday, January 7,
2008 at 1:30 p.m. for Manager Application of
Jeffery Ball for Omaha Franchise, LLC dba Ruby
Tuesday located at 2700 N. Hill Road.
(ADOPTED, 7-0; A-84662)
19) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
20) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on December 3, 2007. (PLACED ON FILE)
21) 07R-243 Appointing Cathy Beecham and Berwyn Jones to the
Historic Preservation Commission for three-year
terms expiring April 15, 2010.(ADOPTED, 7-0;
A-84663)
Attachment (63K)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 & 23 HAD 1ST READING)
22) 07-185 Approving a Sublease Agreement between the City
and Experience Works for providing job training
and employment services under the Workforce
Investment Act.
Fact Sheet (58K)
Attachment (341K)
23) 07-186 Change of Zone 07058 - Amending Section 27.63.680
of the Lincoln Municipal Code relating to the
sale of alcoholic beverages for consumption on
the premises by special permit to allow such sales
on the premises of a restaurant in the B-1, B-3, H-1,
H-2, H-3, H-4, I-1, I-2, and I-3 districts subject to
approval of a special permit and providing conditions
therefor.
Fact Sheet (189K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 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."(PASSED, 7-0; #19026)
Fact Sheet (62K)
25) 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."
(PASSED, 7-0; #19027)
Fact Sheet (58K)
26) 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.(PASSED, 7-0; #19028)
Fact Sheet (457K)
27) 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.(PASSED, 7-0; #19029)
Fact Sheet (1639K)
Attachment (7K)
28) 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.(DIVIDED INTO
2 PARTS: H AND B DISTRICTS; B-2, B-5 LOST, 3-4;
ESCHLIMAN, SPATZ, SVOBODA ASSENTING; H-1 THRU H-4
PASSED, 7-0; #19030)
Fact Sheet (54K)
29) 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.
(PASSED, 7-0; #19031)
Fact Sheet (68K)
Attachment (91K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 06-209 Approving a transfer of appropriations and cash
(where appropriate) between projects within
Part B 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)
Fact Sheet (56K)
35) 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)
36) 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)
37) 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)
38) 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, JANUARY 7, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
39) 07R-248 Appointing Margaret Berry to the Urban Design
Committee for a three-year term expiring
February 1, 2010.
Fact Sheet (28K)
40) 07R-249 Reappointing R. J. Lipert, Michael Coon, Martin
Kasl, Doug Luedtke, Bill Moody, and Bob Siemsen
to the Fire Sprinkler and Chemical Examining
Board for three-year terms expiring November 24,
2010.
41) 07R-250 Approving a Memorandum of Understanding between
the City and Airport Authority to provide an
overall framework for the operation,
installation, and abandonment of water and
wastewater utilities within Lincoln Air Park
West.
Fact Sheet (79K)
Attachment (1584K)
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 (1/9/08) PRIOR
TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 1/14/08.
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 FOR JANUARY ARE THE 14TH AND THE 28TH.
ADJOURNMENT 4:34 P.M.
ANNOUNCEMENT
The next regular City Council meeting will be January 7, 2008 at 1:30 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
***