City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTIOM FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 3, 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 3 and 17th
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Angela R. Tucci for Lazlo
Inc. dba Empyrean Brewing/Lazlo's at 700-710 P
Street, 729 Q Street, 210 N. 7th Street, 5900 Old
Cheney, and 5750 S. 86th Dr. (ADOPTED FOR APPROVAL, 7-0;
A-84633)
2) Application of Saleoff Enterprises Inc. dba
Saleoff for a Class D liquor license at 1930
West O Street.(ADOPTED FOR APPROVAL, 7-0;
A-84634)
3) Manager application of Walter Jon Scott for
Saleoff Enterprises Inc. dba Saleoff at 1930
West O Street. (ADOPTED FOR APPROVAL, 7-0;
A-84635)
4) Manager application of Sandra Madsen for Inter
Com Club Inc. dba Nebraska Club at 2000 US Bank
Building, 233 S. 13th Street.(ADOPTED FOR APPROVAL, 7-0;
A-84636)
5) Manager application of Cynthia Allen for Allen
Enterprises Inc. dba Earl's Tavern at 5555
Superior Street. (ADOPTED FOR APPROVAL, 7-0;
A-84637)
6) Application of Tokyo Steakhouse Inc. dba Tokyo
Steakhouse for a Class I liquor license at 4200
S. 27th Street, Suite 100.(ADOPTED FOR APPROVAL, 7-0;
A-84638)
7) Manager application of Richard Kim for Tokyo
Steakhouse Inc. dba Tokyo Steakhouse at 4200 S.
27th Street, Suite 100.(ADOPTED FOR APPROVAL, 7-0;
A-84639)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
8) 07R-236 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 1 -
15, 2007.(ADOPTED, 7-0; A-84640)
Fact Sheet (13K)
Attachment (16K)
9) 07R-230 Reappointing Amy Tiemann-Tipton, David McBride
and Sharon Wherry to the Auditorium Advisory
Board for terms expiring August 31, 2013.
(ADOPTED, 7-0; A-84641)
10) 07R-231 Appointing Michael W. Stroup to the Auditorium
Advisory Board to fill an unexpired term
* expiring August 31, 2013.(ADOPTED, 7-0; A-84642)
Attachment (30K)
11) 07R-232 Approving an Interlocal Agreement between
Lincoln Public Schools and the City of Lincoln
for shared space at the new Arnold Elementary
School gymnasium and ballfields to accommodate a
future City Recreation Center and adult
activities.(ADOPTED, 7-0; A-84643)
Attachment (221K)
12) 07R-233 Approving the Sub-Grant Award Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln regarding the 2006 Metropolitan
Medical Response System for the Lincoln-
Lancaster County Health Department in the amount
of $232,330.00 for the award period of 8/30/06
through 8/30/08.(ADOPTED, 7-0; A-84644)
Fact Sheet (63K)
Attachment (495K)
13) 07R-234 Approving the Sub-Grant Award Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln regarding the 2007 Metropolitan
Medical Response System for the Lincoln-
Lancaster County Health Department in the amount
of $258,145.00 for the award period of 10/12/07
through 6/30/10.(ADOPTED, 7-0; A-84645)
Fact Sheet (107K)
Attachment (374K)
14) 07R-235 A resolution revoking Special Permit 1135C as
adopted by Resolution No. A-79989 which amended
the Flint Ridge 2nd CUP to add 10 dwelling units
fronting on private roadways on property
generally located at South 66th Street and South
Street for the reason that Permittee has failed
to comply with the requirement that Lots 7 and
8, Block 4, of the CUP be connected to and
served by the private sanitary sewer and to have
access to the private roadway.(WITHDRAWN, 7-0; #38-4560)
15) 07R-238 Declaring the official intent of the City to
reimburse certain expenses in connection with
the acquisition, purchase and installation of
light poles from the proceeds of City of Lincoln
Certificates of Participation.(ADOPTED, 7-0; A-84646)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
16) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Change of Zone 07058 - Application of Brett
Richardson amending Title 27 of the LMC by
amending Section 27.63.680 relating to Permitted
Special Use: Sale of Alcoholic Beverages for
Consumption on the Premises, to allow the sale
of alcohol in restaurants in the O-3, B-1, B-3,
H-1, H-2, H-3, H-4, I-1, I-2, and I-3 zoning
districts no less than 25 feet away from a
residential zoning district under certain
conditions and repealing Section 27.63.680 of
the LMC as hitherto existing.
Change of Zone 07059 - Application of Olsson
Associates, from B-2 to O-3 and from O-3 to B-2
on property located at the northeast corner of
84th Street and Holdrege Street.
Use Permit 128B - Application of Olsson
Associates, for an amendment to change office
use to hotel, restaurants and retail shops with
a request to increase the B-2 height limitation
to 45' on property located at the northeast
corner of 84th Street and Holdrege Street.
Special Permit 07051 - Application of
Rogelio Arias for the authority to sell
alcoholic beverages for consumption on the
premises on property located at the southeast
corner of North 56th Street and Holdrege Street.
The Planning Commission action is final action,
unless appealed to the City Council.
17) Setting the Hearing Date of Monday, December 17,
2007 at 1:30 p.m. for Application of Los Dos
Hermanos Mexican Caf‚, Inc. dba Los Dos Hermanos
for a Class I liquor license located at 6117
Havelock Avenue. (ADOPTED, 7-0; A-84647)
18) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
19) Clerk's Letter and Mayors Approval of Ordinances
and Resolutions passed by Council on November
19, 2007. (PLACED ON FILE)
20) Report from City Treasurer of Cash on Hand at
the close of business October 31, 2007. (PLACED
ON FILE)
21) Setting the public hearing date of Mon., Dec.
17, 2007, at 1:30 p.m. on the assessment of the
cost of weed removal incurred for the period of
Jan. 1, 2007 through Dec. 31, 2007.
(APPROVED, 7-0)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 27 HAD 1ST READING)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 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.
(PASSED, 7-0; #19023)
Fact Sheet (680K)
29) 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)
(PASSED, 7-0; #19024)
Fact Sheet (271K)
30) 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)(MOTION TO AMEND #2, ADOPTED, 7-0;
ADOPTED AS AMENDED, 7-0; A-84648.)
Fact Sheet (1070K)
RESOLUTION - FOR ACTION ONLY
31) 07R-225 Adopting the Lincoln Electric System Annual
Budget for 2008. (Action Date: 12/3/07)
(ADOPTED, 7-0; A-84649)
Fact Sheet (54K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
32) 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)
33) 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)
34) 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)
35) 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)
36) 06-209 Approving a transfer of appropriations and cash
(where appropriate)between projects within several
Part B 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)
37) 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)
38) 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)
39) 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)
40) 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 10, 2007, AT 1:30 P.M.
(APPROVED, 7-0)
41) 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.
42) 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.
Fact Sheet (824K)
43) 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.
Attachment (23K)
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 (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 2:39 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
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