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

Formal Agenda


         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)


                               ***
                    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