City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 5, 2007 AT 1:30 P.M.
During the month of November there will be 2 Council meetings:
November 5th at 1:30 p.m. and November 19th at 5:30 p.m.
Both meetings will have Open Microphone & Register to Speak Sessions.
ALL MEMBERS PRESENT
MAYOR BEUTLER'S AWARD OF EXCELLENCE FOR THE MONTH OF OCTOBER 2007
WAS PRESENTED TO KIRK DRAKE OF PUBLIC WORKS & UTILITIES/
ENGINEERING SERVICES DIVISION IN THE CATEGORIES OF PRODUCTIVITY,
CUSTOMER RELATIONS, AND LOSS PREVENTION.
IMMEDIATELY PRECEDING THE FORMAL COUNCIL MEETING, THE CITY COUNCIL
WILL CONVENE AS THE BOARD OF EQUALIZATION TO EQUALIZE ASSESSMENTS FOR THE
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT, THE CORE BUSINESS IMPROVEMENT
DISTRICT OVERLAY AND THE MAINTENANCE IMPROVEMENT BUSINESS DISTRICT.
(ASSESSMENTS APPROVED, 7-0)
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 1
& 2 HAD 2ND READING)
1) 07-167 Approving a lease agreement between the City and
Robert and Janette Fiala for the lease of space
by the Lincoln Area Agency on Aging for its
Lincoln Information for the Elderly (LIFE)
Program at 370 Fifth Street, David City,
Nebraska.
Fact Sheet (71K)
Attachment (89K)
2) 07-168 Amending Chapter 2.81 of the Lincoln Municipal
Code relating to the Lincoln Living Wage
Ordinance to add a definition for "nonprofit
organization" and to exempt nonprofit
organizations from the application of the
ordinance.
PUBLIC HEARING - RESOLUTIONS
3) 07R-185 Approving a Cooperative Agreement between the
Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding State
of Nebraska grant funding from the Stormwater
Management Plan Program. (9/24/07 - Placed on
Pending, No Date Certain) (10/22/07 - To have
P.H. & Action 11/5/07) (AMENDED, 7-0; ADOPTED
AS AMENDED, 7-0; A-84612)
Fact Sheet (61K)
Attachment (547K)
4) 07R-222 Approving an Amendment to the Interlocal
Agreement between the City of Lincoln and
Nebraska Game & Parks Commission for operation
of the archery range located in Helen Boosalis
Park at 44th and Superior Streets to extend the
term until March 1, 2031 and to set out certain
maintenance and improvement responsibilities to
the archery site. (ADOPTED, 7-0; A-84613)
Fact Sheet (94K)
Attachment (329K)
5) 07R-223 Comp. Plan Amendment 07001 - Amending the 2030
Lincoln/Lancaster County Comprehensive Plan to
add the Cardwell Branch Watershed Master Plan to
the list of sub-area plans in the Plan
Implementation section and to the list of
watershed studies in the Utilities section; and
to amend the Lincoln Area's and Lancaster County
Future Land Use Maps to show two "Opportunity
Area", one northeast of the Yankee Hill dam and
one on either side of S.W. 27th Street, south of
Ridgewood Blvd., as "Green Space" and
"Environmental Resources."
(ADOPTED, 7-0; A-84614)
Fact Sheet (592K)
Attachment (1002K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS - NONE
6) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
October 29, 2007. (PLACED ON FILE)
Report from City Treasurer of franchise tax for the
month of September 2007 from Aquila.
(PLACED ON FILE)
Report from City Treasurer of E911 surcharge for the
month of August 2007: TWC Digital Phone LLC;
September 2007: AT&T Comm. of Midwest,
Level 3 Comm. LLC, TWC Digital Phone LLC;
3rd Quarter 2007: Windstream. (PLACED ON FILE)
Report from City Treasurer of Telecommunications
Occupation Tax for the Quarter July - September 2007:
AmeriVision Comm., Helio LLC, Enhanced Comm., Digizip.com,
Network US, NECC Telecom, Comtech 21, MegaPath, T-Mobile
Central, 800 Response, OPEX Comm., Verizon; August 2007:
Cincinnati Bell Any Distance, Earthlink, XO Communications,
LDMI Telecomm., Intellicall Operator Services, VoiceCom,
TracFone Wireless, Andiamo, Wholesale Carrier Services,
Verizon-Bell Atlantic, Global Crossing, Telecorp,
Verizon Select, Virgin Mobile, Movida, McLeod USA,
Trans National, ACN Comm., Broadwing, Primus, Working
Assets Funding Service, Global Crossing Bandwidth,
OnStar Corp., Broadband Dynamics, Qwest, VCN Inc.,
USCOC of Nebraska/Kansas, IBM Global Services-NS Div.,
KDDI America, Advanced Tel Inc., Global USA, Network
Billing Systems, CIMCO Comm., Teleplus Wireless,
Business Prod. Solutions, TON Services, Quantum Shift,
Guaranteed Phone Service, USCOC of Greater Iowa,
New Cingular Wireless, TWC Digital Phone, Cricket,
AT&T Comm of Midwest, Nebraska Technology & Telecomm.;
September 2007: Verizon, Sprint, Sprint Spectrum,
NEXTEL, Alltel Communications of Nebraska,
WWC License LLC dba Alltel, D&D Comm., Quantum
Shift, Business Telecom, NEXTEL West Corp.,
GTC Telecom, Lightyear Network Solutions, Enhanced,
Tri-M Comm., Globalcom, Zone Telecom, BT Americas,
Acceris, SBC Long Distance, First Communications,
NOSVA, NOS Comm., 360networks USA, Affinity Network,
Shaffer Communications, Covista, Frontier,
ATS Mobile Telephone. (PLACED ON FILE)
REPORTS OF CITY OFFICERS
7) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended September 30,
2007. (ADOPTED, 7-0; A-84615)
8) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
October 22, 2007. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 9
THRU 15 HAD 1ST READING)
9) 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.
Fact Sheet (680K)
10) 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)
Fact Sheet (271K)
11) 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)
Fact Sheet (1070K)
12) 07R-228 Comp. Plan Conformity 06001 - Amending the
Antelope Valley Redevelopment Plan to add a
housing project to provide new rental housing
for low income and low income seriously mentally
ill people, and new single family homes for low
and moderate income people, on property
generally bounded on the west by Hayward Park,
on the north the Salt Creek channel, on the east
by N. 10th Street, and on the south by the east-
west alley north of Claremont Street.
(Related Items: 07R-228, 07-171, 07-172, 07R-229)
(Action Date: 12/3/07) (Request to have Action
on 11/19/07)
Fact Sheet (1829K)
Attachment (583K)
13) 07-171 Comp. Plan Conformance 07022 - Declaring
approximately 6.02 acres of property generally
located at N. 10th Street and Military Road, as
surplus property. (Related Items: 07R-228,
07-171, 07-172, 07R-229) (Request to have
2nd & 3rd Readings w/Action on 11/19/07)
Fact Sheet (698K)
14) 07-172 Change of Zone 07055 - Application of Hoppe Inc.
for a change of zone from P Public Use District
to R-4 Residential District on approximately
6.18 acres of property generally located at N.
10th Street and Military Road. (Related
Items: 07R-228, 07-171, 07-172, 07R-229)
(Request to have 2nd & 3rd Readings
w/Action on 11/19/07)
Fact Sheet (341K)
15) 07R-229 Special Permit 07047 - Application of Hoppe,
Inc. to develop the 10th and Military Community
Unit Plan for 61 multi-family units and 10
single-family attached units, with requested
waivers of the required screening, reduction in
parking, reduction in the front yard setback,
stormwater detention, spacing of local streets
to major streets, and minimum elevation of
streets in a floodplain, on approximately 6.18
acres generally located at N. 10th Street and
Military Road. (Related Items: 07R-228, 07-171,
07-172, 07R-229) (Action Date: 12/3/07)
(Request to have Action on 11/19/07)
Fact Sheet (884K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
16) 07-160 Approving a lease agreement between the City and
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 North Chestnut Street,
Wahoo, Nebraska. (PASSED, 7-0; #19012)
Fact Sheet (68K)
Attachment (89K)
17) 07-161 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. (PASSED, 7-0; #19013)
Fact Sheet (66K)
Attachment (84K)
18) 07-162 Approving a lease agreement between the City and
the Polk Senior Center for the lease of office
space by the Lincoln Area Agency on Aging for
its Lincoln Information for the Elderly (LIFE)
Medicaid Waiver Program at 230 North Main
Street, Polk, Nebraska. (PASSED, 7-0; #19014)
Fact Sheet (65K)
Attachment (80K)
19) 07-166 Approving a lease agreement between the City and
Dittmer & Dittmer of Crete for the lease of
space by the Lincoln Area Agency on Aging for
its Lincoln Information for the Elderly (LIFE)
Program at 1005 E Highway 33, Suite 6, Crete
Nebraska. (PASSED, 7-0; #19015)
Fact Sheet (67K)
Attachment (85K)
20) 07-163 Change of Zone 07053 - Application of Airpark
Holdings V, LLC for a change of zone from O-3
Office Park District to H-4 General Commercial
District on property generally located at the
southeast corner of South 27th Street and
Grainger Parkway. (Related Items: 07-163,
07R-217) (PASSED, 7-0; #19016)
Fact Sheet (395K)
21) 07R-217 Special Permit 2022B - Application of Airpark
Holdings V, LLC to expand the existing Pine Lake
Heights Planned Service Commercial to add
approximately 44,875 square feet of commercial
use on property generally located at the
southeast corner of South 27th Street and
Grainger Parkway. (Related Items: 07-163,
07R-217) (Action Date: 11/5/07) (ADOPTED, 7-0;
A-84616)
Fact Sheet (1166K)
22) 07-164 Comp. Plan Conformance 07020 - Declaring
approximately 6,651 sq. ft., more or less, of
property generally located at 2730 Dudley
Street, as surplus. (PASSED, 7-0; #19017)
Fact Sheet (268K)
23) 07-165 Change of Zone 07050 - Amending Section
27.71.140 of the LMC to clarify that a lot or
tract located in the R-1 through R-4 zoning
districts may only be occupied by a group of two
or more buildings to be used as a unit for any
combination of two-family dwellings, multiple-
family dwellings, or institutional purposes
under a special permit or planned unit
development and to further provide that the lot
or tract must meet the minimum lot requirements
and conditions in said district for each main
building or use except as modified by the
conditions of approval for such use under a
special permit or planned unit development.
(PASSED, 7-0; #19018)
Fact Sheet (19K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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, NOVEMBER 19, 2007, AT 5:30 P.M.
(APPROVED, 7-0)
33) 07R-224 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16 -
31, 2007.
Fact Sheet (13K)
Attachment (16K)
34) 07R-225 Hearing on the Lincoln Electric System Annual
Budget for 2008. (Action Date: 12/3/07)
Fact Sheet (54K)
35) 07R-226 Use Permit 04005A - Application of RLM, LLC to
amend Use Permit No. 04005 to reduce the side
yard setback from 7.5 feet to 5 feet for Lots 1
- 17, Block 1, and Lots 1 - 13, Block 2; to
reduce the rear yard setback from 30 feet to 25
feet on Lots 1 - 17, Block 1; and to reduce the
rear yard setback from 30 feet to 20 feet for
Lots 1 - 13, Block 2, on property generally
located at N.W. 1st Street and Barons Road.
Fact Sheet (429K)
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 (10/31/07) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS 11/5/07.
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 NOVEMBER ARE THE 5TH AND THE 19TH.
ADJOURNMENT 2:31 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
***