City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 4, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
Anyone wishing to address an item on the Consent Agenda may do
so at this time
PUBLIC HEARING
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Clerk's Letter and Mayor's approval of
Ordinances & Resolutions passed by Council
on July 21, 2008. (PLACED ON FILE)
2) Clerk's Letter and Mayor's approval of
Ordinances & Resolutions passed by Council
on July 28, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the Hearing Date of Monday, August 18,
2008 at 1:30 p.m. for the Application of Casey's
Retail Company dba Casey's General Store #2744
for a Class B liquor license at 4335 N.
70th Street. (ADOPTED, 7-0; A-84959)
4) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
5) Application of Mark H. McDonald dba The Italian
Vine Wine Distributors for a Class X liquor
license at 5310 S. 56th Street.
(ADOPTED FOR APPROVAL, 7-0; A-84960)
6) Application of Whitehead Oil Company dba U-Stop
Convenience Shop for a Class D liquor license at
110 W. Fletcher Ave., Suite101.
(ADOPTED FOR APPROVAL, 7-0; A-84961)
7) Manager application of Douglas Larkins for
Whitehead Oil Company dba U-Stop Convenience
Shop at 110 W. Fletcher Ave., Suite 101.
(ADOPTED FOR APPROVAL, 7-0; A-84962)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 8 THRU 12 HAD 2ND READING.)
8) 08-98 Amending Section 12.08.270 of the Lincoln Municipal
Code relating to alcoholic liquor in parks to
conditionally allow alcohol on the premises of Hazel
Abel Park, Stransky Park, Sunken Gardens, Antelope
Park Rose Garden, Pioneers Park Nature Center; and
repealing Section 12.08.270 of the Lincoln Municipal
Code as hitherto existing.
Fact Sheet (16K)
Motion To Amend 1 (7K)
9) 08-99 Approving a lease agreement between the
City and the Hickman Presbyterian Church
for the lease of space by the Lincoln Area
Agency on Aging for its ActivAge Center
Program at 300 E. Third Street, Hickman,
Nebraska from September 1, 2008 to August
31, 2009.
Fact Sheet (70K)
Attachment (137K)
10) 08-100 Approving a transfer of appropriations and cash
(where appropriate) between certain capital
improvement projects within the street
construction/vehicle tax fund, water
construction fund, and sanitary sewer
construction fund within the Public Works &
Utilities Department.
Fact Sheet (12K)
11) 08-101 Amending Sections 2.76.153 Compensation Plan;
Merit Pay Plan; Shift Differential; 2.76.370
Authorized Holidays; 2.76.380 Sick Leave with
Pay; and 2.76.395 Vacation Leave with Pay of the
Lincoln Municipal Code to reflect negotiated
changes and changes applicable to employees not
represented by a bargaining unit.
Fact Sheet (59K)
12) 08-102 Adopting Chapter 14.58 of the Lincoln Municipal
Code regarding street pole banners over public
ways.
Fact Sheet (128K)
PUBLIC HEARING - RESOLUTIONS
13) 08R-174 Approving the 2008-09 Work Plan for the
Interlocal Agreement on Stormwater Management
between the City and Lower Platte South Natural
Resources District to address stormwater quality
and quantity issues.(ADOPTED, 7-0; A-84963)
Fact Sheet (12K)
Attachment (213K)
14) 08R-175 Approving a schedule of fees the City may charge
for ambulance service.(ADOPTED, 7-0; A-84964)
Fact Sheet (120K)
Attachment (7K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 15 THRU 17 HAD 1ST READING.)
15) 08-103 Approving a lease 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, Lincoln, Nebraska for a one-year term
from September 1, 2008 through August 31, 2009.
Fact Sheet (74K)
Attachment (90K)
16) 08-104 Approving a lease agreement between the City and
The Panama Caf‚, for the lease of space by the
Lincoln Area Agency on Aging for its ActivAge
Center Program at 310 Locust Street, Panama,
Nebraska for a one-year term from September 1,
2008 through August 31, 2009.
Fact Sheet (72K)
Attachment (84K)
17) 08-105 Approving a lease agreement between the City and
Bennet American Legion Post #280, for the lease
of space by the Lincoln Area Agency on Aging for
its ActivAge Center Program at 970 Monroe,
Bennet, Nebraska for a one-year term from
September 1, 2008 through August 31, 2009.
Fact Sheet (63K)
Attachment (84K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 08R-159 Special Permit 1174G - Application of Chateau
Development, LLC, to expand the Chateau Le
Fleur/Charleston Court Community Unit Plan to
add 144 multiple-family dwelling units, on
property generally located at North 56th Street
and Holdrege Street to Cotner Blvd. and Vine
Street. (7/28/08 - MTA #1 and Main Motion
carried over to 8/4/08 due to tie vote on MTA #1)
(MTA #1 ADOPTED, 4-3; COOK, EMERY, MARVIN DISSENTING;
ADOPTED AS AMENDED, 4-3; COOK, EMERY, MARVIN DISSENTING;
A-84965)
Fact Sheet (1159K)
19) 08-87 Amending Chapter 14.54 of the Lincoln
Municipal Code relating to Occupancy Above
or Below Public Property to permit fences
and retaining walls on City property under
the terms and conditions set forth in said
chapter by amending Section 14.54.010 to
add definitions for fence and retaining
wall and to amend the definition of owner;
amending Section 14.54.020 to remove the
requirement that City Council approve
permits; amending Section 14.54.030 to
provide the procedure for applying for
fence and retaining wall permits, to allow
Public Works to set an application fee for
uses of public space other than fences or
retaining walls, and to provide for an
appeal to City Council for denied
applications; adding a new section numbered
14.54.035 to provide standards and
conditions for fences and retaining walls;
amending Section 14.54.040 to exclude
fences and retaining walls from the
insurance and bond requirements; amending
Section 14.54.070 to amend the permit
revocation process and to provide for an
appeal to City Council for revoked permits;
amending Section 14.54.080 to include
fences and retaining walls in the
application of this chapter; amending
Section 14.54.090 to amend the fee for use
of public space; and repealing Sections
14.54.010, 14.54.020, 14.54.030, 14.54.040,
14.54.070, 14.54.080, and 14.54.090 of the
Lincoln Municipal Code as hitherto
existing.(PASSED, 7-0; #19115)
Fact Sheet (1101K)
20) 08-91 Amending Chapter 26.33 of the Lincoln
Municipal Code relating to fees by amending
Section 26.33.010 to provide that any
person submitting an application under
Title 26 of the Lincoln Municipal Code
shall pay an appropriate fee therefor as
established by resolution of the City
Council; repealing Sections. 26.33.020,
26.33.030, 26.33.050, 26.33.060, 26.33.070,
26.33.080, 26.33.090, 26.33.100, 26.33.110,
26.33.120, and 26.33.130 which set said
fees by ordinance of the City Council; and
repealing Section 26.33.010 of the Lincoln
Municipal Code as hitherto existing.
(Related Items: 08-91, 08-92, 08-93,
08R-168) (PASSED, 7-0; #19116)
Fact Sheet (23K)
21) 08-92 Change of Zone 08035 - Amending Chapter
27.80 of the Lincoln Municipal Code
relating to fees by amending Section
27.80.010 to require any person submitting
an application under Title 27 of the
Lincoln Municipal Code to pay an
appropriate fee therefor as established by
resolution of the City Council; repealing
Sections 27.80.020, 27.80.025, 27.80 030,
27.80.040, 27.80.060, 27.80.070, 27.80.080,
27.80.090, 27.80.100, 27.80.105, 27.80.110,
27.80.125, 27.80.130, and 27.80.140, which
set said fees by ordinance of the City
Council; and repealing Section 27.80.010 of
the Lincoln Municipal Code as hitherto
existing. (Related Items: 08-91, 08-92,
08-93, 08R-168) (PASSED, 7-0; #19117)
Fact Sheet (23K)
22) 08-93 Amending Section 14.20.020 of the Lincoln
Municipal Code relating to vacation of
public ways to provide that the application
fee shall be in the amount established by
resolution of the City Council; and
repealing Section 14.20.020 of the Lincoln
Municipal Code as hitherto existing.
(Related Items: 08-91, 08-92, 08-93,
08R-168) (PASSED, 7-0; #19118)
Fact Sheet (8K)
23) 08R-168 Adopting the Fee Schedule for application
reviews under Chapter 14.20, Title 26, and Title
27 of the Lincoln Municipal Code and amendments
to the Lincoln-Lancaster County Comprehensive
Plan. (Related Items: 08-91, 08-92, 08-93,
08R-168) (Action Date: 8/4/08) (ADOPTED, 7-0; A-84966)
Fact Sheet (12K)
24) 08-94 Vacation 08001 - Vacating the north/south
alley in the block between Fremont Street
and Hartley Street and Touzalin Avenue and
N. 60th Street as requested by the Evangelical
United Lutheran Church. (Related Items:
08-94, 08R-169)(PASSED, 7-0; #19119)
Fact Sheet (382K)
25) 08R-169 Special Permit 08022 - Application of United
Lutheran Church to expand a church parking lot,
with a request to modify the parking requirements
to allow parking in the front yard setback of
Hartley Street, Touzalin Avenue and N. 60th
Street. (Related Items: 08-94, 08R-169)
(Action Date: 8/4/08) (ADOPTED, 7-0; A-84967)
Fact Sheet (353K)
PENDING LIST - DATE CERTAIN
26) 08R-160 Approving a Memorandum of Understanding between
the City and the Lancaster County Agricultural
Society relating to the annexation of approximately
160 acres of property generally located at North
84th Street and Havelock Ave. (Related Items:
08R-160, 08R-161, 08-89, 08-90)(Action Date:
7/28/08) (7/21/08 - P.H. con't. to 8/18/08 w/
Action on 8/25/08)
Fact Sheet (13K)
Attachment (21K)
27) 08R-161 Comp. Plan Amendment 08014 - Amending the 2030
Lincoln/Lancaster County Comprehensive Plan to
designate land located at the southeast corner
of North 84th Street and Havelock Ave. as
Commercial in the Land Use Plan. (Related
Items: 08R-160, 08R-161, 08-89, 08-90) (Action
Date: 7/28/08) (7/21/08 - P.H. con't. to
8/18/08 w/Action on 8/25/08)
Fact Sheet (172K)
28) 08-89 Annexation 08004 - Application of Lancaster
County Agricultural Society, Inc. to amend
the Lincoln Corporate Limits Map by
annexing approximately 29.07 acres of
property generally located at North 84th
Street and Havelock Ave. (Related
Items: 08R-160, 08R-161, 08-89, 08-90)
(7/21/08 - P.H. con't. to 8/18/08 w/Action
on 8/25/08)
Fact Sheet (376K)
Attachment (63K)
29) 08-90 Change of Zone 08025 - Application of
Lancaster County Agricultural Society, Inc.
for a change of zone from AG Agricultural
District to H-4 General Commercial District
on property generally located at the
southeast corner of North 84th Street and
Havelock Ave. (Related Items: 08R-160,
08R-161, 08-89, 08-90) (7/21/08 - P.H.
con't. to 8/18/08 w/Action on 8/25/08)
Fact Sheet (365K)
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
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) 08-5 Comp. Plan Conformity 07025 - Declaring
approximately 43,200 square feet generally
located at N.W. 52nd Street and West
Huntington Ave. as surplus property and
authorizing the sale thereof. (1/28/08 -
Action Delayed 2 wks to 2/11/08)
(2/11/08 - Placed on Pending
Indefinitely)
Fact Sheet (1803K)
34) 08-63 Annexation No. 08003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 63.13 acres of property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)
Fact Sheet (232K)
35) 08-64 Change of Zone 08019 - Application of
Robert and Victoria Rokeby for a change of
zone from R-3 Residential District to H-3
Highway Commercial District on property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)
Fact Sheet (291K)
36) 08-73 Change of Zone No. 08022HP - Application of
Danja Pegram Siders, on behalf of Aginvest
LLC, to designate the Dr. Slattery House at
5230 North 14th Street as a historic
landmark. (6/23/08 - Placed on Pending
Indefinitely, w/con't P.H.)
Fact Sheet (1287K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, AUGUST 11, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
37) 08R-176 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of July 16 - 31,
2008.
Fact Sheet (14K)
Attachment (21K)
38) 08R-178 Reappointing Herb Friedman, Donna Behlen and
Jonathan Rehm to the Cable Advisory Board for
three-year terms expiring July 1, 2011.
39) 08R-179 Reappointing Jonathan Cook to the Public
Building Commission for a four-year term
expiring August 1, 2012.
40) 08R-180 Reappointing Dan Marvin to the Utility Billing
Check-Off Program for a one-year term expiring
August 31, 2009.
41) 08R-181 Reappointing Dan Marvin and Ken Svoboda to the
Railroad Transportation Safety District for one-
year terms expiring August 31, 2009.
42) 08R-182 Appointing Doug Emery to the Railroad
Transportation Safety District for a one-year
term expiring August 31, 2009.
Attachment (19K)
43) 08R-183 Appointing Barbara Bartle to the Cable Advisory
Board to fill an unexpired term expiring July 1,
2009.
Attachment (19K)
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 (8/20/08)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 8/25/08.
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. THERE WILL BE ONE OPEN MICROPHONE SESSION DURING
THE MONTH OF AUGUST ON AUGUST 25TH WHICH IS A 5:30 P.M. MEETING.
ADJOURNMENT 2:44 P.M.
ANNOUNCEMENTS:
Public Hearing on the 1 & 6 Year Street & Highway Program, the
2008-09 Mayor's Recommended Annual Operating Budget and Capital
Improvement Program FY-2008/09-2013/14 is set for Monday,
August 11, 2008 at 2:30p.m. (Action Date: 8/25/08)
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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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