City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 7, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Richard J. Hurt for Kwik
Shop Inc. dba Kiwk Shop #618 at 4750 Calvert
Street, #619 at 2302 Cornhusker Hwy., #632 at 5900
Fremont Street, #634 at 2940 N. 14th Street, #635
at 2330 N. 1st Street, #637 at 2710 W Street, #641
at 2811 N. 48th Street, #642 at 3939 A Street,
#646 at 3301 Holdrege Street, #650 at 5600
Holdrege Street, #662 at 2040 S. 56th Street, #663
at 4400 Cornhusker Hwy., #680 at 1441 N. Cotner
Blvd., and #681 at 4440 O Street. (ADOPTED FOR
APPROVAL, 7-0; A-84666)
2) Manager application of Jeffrey Ball for RT Omaha
Franchise LLC dba Ruby Tuesday at 2700 North Hill
Road. (ADOPTED FOR APPROVAL, 7-0; A-84667)
3) Application of Hy-Vee Inc. dba Hy-Vee 5 to expand
its licensed premises at 7151 Stacy Lane by
construction of an addition on the west side of
the existing one story building measuring
approximately 53 feet by 100 feet. (ADOPTED FOR
APPROVAL, 4-3; COOK, EMERY, SPATZ DISSENTING; A-84668)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 4
& 5 HAD 2ND READING)
4) 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)
5) 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)
PUBLIC HEARING - RESOLUTIONS
6) 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. (ADOPTED, 7-0;
A-84669)
Fact Sheet (79K)
Attachment (1584K)
Anyone wishing to address an item on the Consent Agenda may do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
7) Setting the hearing date of Monday, January 14,
2008 at 1:30 p.m. for the Application of DJ Salia
Investment Properties dba DJ Salia for a change of
location of their existing Class IK liquor license
from 901 Oak Street to 710 Hill Street.
(ADOPTED, 7-0; A-84670)
8) Setting the hearing date of Monday, January 28,
2008 at 5:30 p.m. for the Application of Peking
Palace Lincoln, Inc. dba Peking Palace for a
Class I liquor license located at 8341 O Street.
(ADOPTED, 7-0; A-84671)
9) Setting the hearing date of Monday, January 28,
2008 at 5:30 p.m. for the Manager Application of
Matthew Crawford for STL of Nebraska, Inc. dba
Target Store T-0217 located at 333 N. 48th Street.
(ADOPTED, 7-0; A-84672)
10) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 07063: App. of Ringneck
Development, LLC, I-80 West Lincoln Business
Center Planned Unit Development, for a change of
zone from AG Agriculture District to I-3 PUD
Employment Center District and R-3 PUD Residential
District on property generally located at
N.W. 48th Street and Interstate 80.
Special Permit No. 04044A: App. of Sterling
Hills II, LLC, for an amendment to the North Creek
Villas Community Unit Plan to reduce the front
yard setback from 25 feet to 15 feet abutting
Fletcher Avenue on property generally located at
N. 27th Street and Fletcher Avenue.
Special Permit No. 07054: App. of Phillip
R. and Diane S. Hynes, to allow an accessory
building as a dwelling unit for a domestic
employee on property generally located at
S. 112th Street and A Street.
11) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
12) 07R-248 Appointing Margaret Berry to the Urban Design
Committee for a three-year term expiring
February 1, 2010. (ADOPTED, 7-0; A-84673)
Fact Sheet (28K)
Fact Sheet (28K)
13) 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.
(ADOPTED, 7-0; A-84674)
14) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for November, 2007.
(PLACED ON FILE)
15) Audit Reports of Lincoln Water & Wastewater Systems
for Fiscal Year 2006-2007. (PLACED ON FILE)
16) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 10, 2007. (PLACED ON FILE)
17) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 17, 2007. (PLACED ON FILE)
18) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 21, 2007. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19
THRU 23 HAD 1ST READING)
19) 08-1 Approving two five-year/3,500 hour lease/purchase
agreements between the City and Merchants Capitol
Resources, Inc. to provide two 2008 Caterpillar
articulated frame four-wheel drive loaders for use
by the Public Works & Utilities Street Maintenance
Operations in construction, maintenance and snow
removal projects.
Fact Sheet (59K)
Attachment (1133K)
20) 08-2 Amending Section 2.76.375 of the Lincoln Municipal
Code to clarify the language regarding eligibility
for Holiday Pay.
Fact Sheet (50K)
21) 08-3 Amending the pay schedule for a certain employee
group by creating the classification of Libraries
System Coordinator.
Fact Sheet (49K)
Attachment (91K)
22) 08-4 Amending Section 14.20.020 of the Lincoln
Municipal Code relating to the procedure for
vacation of public ways to clarify responsibilities
and to provide for the expiration of applications
for the vacation of a public way.
Fact Sheet (21K)
23) 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.
Fact Sheet (1803K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 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. (PASSED, 7-0; #19032)
Fact Sheet (69K)
25) 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. (PASSED, 7-0; #19033)
Fact Sheet (66K)
26) 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.
(PASSED, 7-0; #19034)
Fact Sheet (67K)
27) 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.
(PASSED, 7-0; #19035)
Fact Sheet (66K)
28) 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.
(PASSED, 7-0; #19036)
Fact Sheet (69K)
RESOLUTION - ACTION ONLY
29) 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. (12/17/07 - Action Delayed
to 1/7/08) (ADOPTED, 7-0; A-84675)
Attachment (124K)
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
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)
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 14, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
39) 08R-1 Reappointing Dawn Rockey and Richard Evnen to
the Lincoln Electric System Administrative
Board for three-year terms expiring January
1, 2011.
40) 08R-2 Appointing Patrick Beans to the Lincoln
Electric System Administrative Board for a
three-year term expiring January 1, 2011.
Attachment (45K)
41) 08R-3 Approving a Contract for the operation of a
Keno type lottery on behalf of the City of
Lincoln and Lancaster County between the City
of Lincoln and EHPV Lottery Services LLC, for
a five-year term commencing March 10, 2008.
Fact Sheet (65K)
Attachment (65K)
42) 08R-4 Re-adopting the 2007 Water System Impact Fee
Schedule, Water Distribution Impact Fee
Schedule, Wastewater Impact Fee Schedule,
Arterial Street Impact Fee Schedule, and
Neighborhood Park and Trail Impact Fee
Schedule without any adjustment for inflation
for 2008.
43) 08R-5 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth for the
period of December 1 - 31, 2007.
Fact Sheet (13K)
Attachment (18K)
44) 08R-6 Approving the appointment of Gregory MacLean
as the Director of the Public Works &
Utilities Department.
45) 08R-7 Reappointing Doug Biggerstaff to the
Examining Board of Plumbers for a three-year
term expiring September 4, 2010.
46) 08R-8 Reappointing Doug Biggerstaff to the Water
Conditioning Board of Examiners for a three-
year term expiring September 4, 2010.
47) 08R-9 Appointing Carl Eskridge to the Citizen
Police Advisory Board for a three-year term
expiring November 17, 2010.
Attachment (30K)
48) 08R-10 Appointing Jim Elsener to the Citizen Police
Advisory Board to fill an unexpired term expiring
November 17, 2008.
Attachment (22K)
49) 08R-11 Reappointing Jeffrey Jenkins and Joseph Skopp to
the Air Pollution Control Advisory Board for
three-year terms expiring November 1, 2010.
50) 08R-12 Reappointing Joel Gajardo and Colette Mast to the
Multicultural Advisory Committee for three-year
terms expiring September 18, 2010.
51) 08R-13 Amending the Fiscal Year 2007/08 to 2012/13 Six
Year Capital Improvement Program to move funding
to the first year (2007/08) of the CIP,
identifying funding sources, establish a project
for the West Haymarket Redevelopment Project area
and its environs, and establish appropriations for
that project.
Fact Sheet (87K)
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 2:47 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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