City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 28, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Matthew Crawford for STL
of Nebraska Inc. dba Target Store T-0217 at 333
N. 48th Street. (ADOPTED FOR APPROVAL, 7-0; A-84693)
2) Application of Peking Palace Lincoln, Inc. dba
Peking Palace for a Class I liquor license at
8341 O Street. (DELAYED FOR ONE WEEK W/ACTION
ONLY ON 2/4/08, 7-0)
3) Manage application of Trung Luu for Peking
Palace Lincoln, Inc. dba Peking Palace at 8341 O
Street.(DELAYED FOR ONE WEEK W/ACTION ONLY ON
2/4/08, 7-0)
4) Application of Black Cadillac, Inc. dba
Libations Too for a Class C liquor license at
5310 S. 56th Street, Suite 1. (DELAYED FOR
ONE WEEK W/ACTION ONLY ON 2/4/08, 7-0)
5) Manager application of Paul J. Miloni for Black
Cadillac, Inc. dba Libations Too at 5310 S. 56th
Street, Suite 1.(DELAYED FOR ONE WEEK W/ACTION
ONLY ON 2/4/08, 7-0)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
6) 08R-20 Approving an Easement Agreement for
Pedestrian/Bicycle Bridge, Trails and Related
Improvements, Signage and Maintenance in the
Vicinity of the Huntington/Leighton Street
Bridge between the City and the Board of Regents
of the University of Nebraska to allow the
University of Nebraska to install and construct
the pedestrian bridge and to perform snow
removal on the bridge and provides for the city
to accept, own, and operate the pedestrian
bridge as part of the City Trails Network.
(ADOPTED, 7-0; A-84694)
Fact Sheet (58K)
Attachment (1716K)
7) 08R-21 Assigning the 6.15 acre substation site
generally located at W. Fletcher and N.W. 48th
Street to LES and designating the same as the
site of an LES substation and approving the
access and utility easement for electric lines
and/or underground electric facilities executed
by the Airport Authority in favor of LES on
December 28, 2007. (ADOPTED, 7-0; A-84695)
Attachment (59K)
8) 08R-22 Amending Resolution No. A-70031 adopted on April
15, 1985 to waive the requirement that
subdivision of the property be accomplished by
the City's formal platting procedures when a
street is needed within the area of the proposed
lots in order to allow for the administrative
subdivision of property generally located at
Shamrock Road and S. 70th Street.(AMENDED, 7-0;
LOST AS AMENDED, 2-5; ESCHLIMAN & SVOBODA ASSENTING;
#38-4561)
Attachment (435K)
Motion To Amend 1 (6K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
9) Informal Petition to extend City sewer line to
his property at 430 S. 37th Street submitted by
Dave Bridger. (REFERRED TO PUBLIC WORKS)
10) Setting the Hearing Date of February 11, 2008
for Application of G2B LLC dba Iguanas Pub/Voda
Lounge for a Class I liquor license located at
1426 O Street. (ADOPTED, 7-0; A-84696)
11) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
12) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
January 7, 2008. (PLACED ON FILE)
13) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
January 14, 2008. (PLACED ON FILE)
14) Request of Public Works to set the Public
Hearing Date of Monday, February 25, 2008, at
5:30 P.M. on the following:
08-8 - Providing authority to construct new
sidewalks at various locations within
the City of Lincoln and assessing the
cost thereof against the benefitted
property.
08R-30 - Ordering the design and construction of
pavement for Q Street, 35th to 36th Streets
and assessing the cost thereof against the
benefitted properties.(APPROVED, 7-0)
15) 08R-14 Appointing Olga Kanne to the Multicultural
Advisory Committee for a three-year term
expiring September 18, 2010.(ADOPTED, 7-0;
A-84697)
Attachment (38K)
16) 08R-15 Appointing Dennis Meyer and Brian Pillard to the
Government Access and Information Committee for
terms to continue until their successors are
appointed and qualified.(ADOPTED, 7-0; A-84698)
Attachment (42K)
17) 08R-16 Reappointing Larry Anderson to the Government
Access and Information Committee for a two-year
term expiring January 1, 2010.(ADOPTED, 7-0; A-84699)
18) 08R-17 Reappointing Dan Nolte, Maura Kelly Tolzin,
Michelle Zuhlke, and Diane Gonzolas to the
Government Access and Information Committee for
terms to continue until their successors are
appointed and qualified.(ADOPTED, 7-0; A-84700)
19) 08R-18 Appointing Brent Hoffman to the Government
Access and Information Committee for a two-year
term expiring January 1, 2010.(ADOPTED, 7-0; A-84701)
Attachment (23K)
20) 08R-19 Appointing Arthel (Gene) Crump and Hazell
Rodriguez to the Lincoln Commission on Human
Rights for three-year terms expiring December
31, 2010.(ADOPTED, 7-0; A-84702)
Attachment (54K)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 21 THRU 24 HAD 1ST READING)
21) 08-6 Amending Chapter 4.08 of the Lincoln Municipal
Code relating to the Citizen Police Advisory
Board by amending Section 4.08.010 relating to
the powers and duties of the Board to provide
that the Board shall have no jurisdiction to hear
complaints or conduct an investigation while a
criminal or civil action relating to the complaint
is pending against either the complainant or the
officer or officers involved;amending Section 4.08.020
relating to the jurisdiction of the Board to provide
the Board shall lose jurisdiction over a complaint
if the complainant files a civil action relating to
the same facts as the complaint before them; amending
Section 4.08.030 relating to complaints made to the
Citizen Police Advisory Board to provide that
the chairperson may dismiss certain types of complaints,
subject to review by the Board as a whole.
Fact Sheet (86K)
22) 08R-24 Approving the Development and Conditional Zoning
Agreement between the City and HOOG GEBOUW EAST
LLC relating to the development of property
generally located at N. 84th and Holdrege
Streets. (Related Items: 08R-24, 08-7, 08R-25)
Attachment (453K)
23) 08-7 Change of Zone 07059 - Application of
Holdrege Investors LLC and Morning Glory
Estates Association, Inc. for a change of
zone from O-3 Office Park District to B-2
Planned Neighborhood Business District, and
from B-2 Planned Neighborhood Business
District to O-3 Office Park District on
property generally located at N. 84th
Street and Holdrege Street. (Related
Items: 08R-24, 08-7, 08R-25)
Fact Sheet (635K)
24) 08R-25 Use Permit No. 128B - Application of Holdrege Investors
LLC and Morning Glory Estates Association, Inc. to
amend the existing use permit to change approved office
use to hotel, restaurant and retail uses, and to
increase the maximum height in the B-2 district from 40'
to 45' on property generally located at N. 84th Street
and Holdrege Street. (Related Items: 08R-24, 08-7, 08R-25)
Fact Sheet (647K)
Motion To Amend 1 (6K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 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.
(PASSED, 7-0; #19039)
Fact Sheet (59K)
Attachment (1133K)
26) 08-2 Amending Section 2.76.375 of the
Lincoln Municipal Code to clarify the
language regarding eligibility for
Holiday Pay.(PASSED, 7-0; #19040)
Fact Sheet (50K)
27) 08-3 Amending the pay schedule for a
certain employee group by creating the
classification of Libraries System
Coordinator.(PASSED, 7-0; #19041)
Fact Sheet (49K)
Attachment (91K)
28) 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.(PASSED, 7-0; 19042)
Fact Sheet (21K)
29) 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.(DELAYED TWO WEEKS W/ACTION
ONLY, 7-0)
Fact Sheet (1803K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM #34)
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
(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)
(Request to remove from Pending)(REMOVED FROM
PENDING TO HAVE 2ND READING W/PUBLIC HEARING
ON 2/11/08, 7-0)
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, FEBRUARY 4, 2008, AT 1:30 P.M.
(APPROVED, 7-0)
39) 08R-23 Approving a Release of Conservation Easements
over a portion of Lot 2, 6th & H Addition, and a
portion of vacated H Street for construction of
a building in the easement area and approving a
Conservation Easement Agreement granting a
conservation easement over Lot 7 and Lots 9-12,
Block 141, Original Plat Lincoln.
Attachment (15K)
40) 08R-26 Adopting the LES 2008 Rate Schedules, Service
Regulations, and Cost Analysis Summary providing
for a system average increase of 5.5 percent, to
be effective March 1, 2008. (Action Date:
2/11/08)
Fact Sheet (91K)
Attachment (10601K)
41) 08R-27 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 1 -
15, 2008.
Fact Sheet (13K)
Attachment (18K)
42) 08R-28 Amending Article IV, Membership, of the Bylaws
of the Veterans Memorial Garden Advisory Council
to delete the term limit provision.
Fact Sheet (105K)
43) 08R-29 Approving a Lease Agreement between the City and
Lamar Companies for outdoor advertising on the
City owned billboard generally located at 27th
and Y Streets.
Fact Sheet (107K)
Attachment (430K)
44) 08R-31 Designating the City of Lincoln as a Preserve
America Community as a means to support
preservation, economic development, and
community revitalization of historic resources.
45) 08R-32 Supporting passage of LB 235 with its financial
incentives by the State Legislature to encourage
film production within the State of Nebraska.
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 (1/23/08)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS 1/28/08.
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 7:49 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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