City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 14, 2008 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
JANUARY 21ST IN OBSERVANCE OF MARTIN LUTHER KING DAY
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR DECEMBER 2007 IS
LARRY BRATT AND GREGORY SIMS OF THE LINCOLN POLICE DEPARTMENT
IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) 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 FOR APPROVAL,
7-0; A-84676)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 2 THRU 6 HAD 2ND READING)
2) 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)
3) 08-2 Amending Section 2.76.375 of the Lincoln
Municipal Code to clarify the language
regarding eligibility for Holiday Pay.
Fact Sheet (50K)
4) 08-3 Amending the pay schedule for a certain
employee group by creating the
classification of Libraries System
Coordinator.
Fact Sheet (49K)
Attachment (91K)
5) 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)
6) 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)
PUBLIC HEARING - RESOLUTIONS
7) 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. (ADOPTED, 5-2; COOK & ESCHLIMAN
DISSENTING; A-84677)
Fact Sheet (65K)
Attachment (65K)
8) 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.(AMENDED #1, 7-0;
ADOPTED AS AMENDED, 5-2; COOK & MARVIN
DISSENTING; A-84678)
9) 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.(ADOPTED,
7-0; A-84679)
Fact Sheet (13K)
Attachment (18K)
10) 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.
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84680)
Fact Sheet (87K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
11) Informal Petition to create a paving district
for the alley that runs north to south, between
33rd Street and 34th Street, from D Street North
to F Street submitted by August Ponstingl.
(REFERRED TO PUBLIC WORKS DEPT.)
12) Setting the Hearing date of Mon., February 4,
2008 at 1:30 p.m. for Application of Smith
Enterprises, Inc. dba Jackpot Convenience Store
for a Class D liquor license located at 501 West
A Street.(ADOPTED, 7-0; A-84681)
13) Setting the Hearing date of Mon., February 4,
2008 at 1:30 p.m. for Manager Application of
Diana Nasseff for Mission 3 LLC dba U-Stop
Convenience Shop located at 110 West O Street.
(ADOPTED, 7-0; A-84682)
14) Setting the Hearing date of Mon., January 28,
2008 at 5:30 p.m. for Application of Black
Cadillac, Inc. dba Libations, Too for a Class C
liquor license located at 5310 S. 56th Street, Ste. 1.
(ADOPTED, 7-0; A-84683)
15) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
16) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for December, 2007.
(PLACED ON FILE)
17) Report from City Treasurer of Franchise tax for
the month of November, 2007 from Aquila.
(PLACED ON FILE)
18) Report from City Treasurer of Emergency 911
Surcharges for the month of November, 2007: TWC
Digital Phone LLC, Level 3 Comm. LLC, Level 3
Comm., LLC, AT&T Comm. of Midwest, Comtel Telcom
Assets. (PLACED ON FILE)
19) Report from City Treasurer of telecommunications
Occupation Tax for the month of October,
2007: Nebraska Tech. & Telecomm., Windstream
Nebraska, Flying J, Alltel, Alltel Comm. of NE,
TWC Digital Phone, USCOC of Greater Iowa,
Windstream Systems of the Midwest, Cricket,
AT&T Comm. of Midwest, New Cingular Wireless
PCS, CIMCO, Business Prod. Solutions, TCG Omaha,
OnStar, McLeodUSA, Telecorp, LDMI, IBM Global,
Quantum Shift, KDDI America, Guaranteed Phone
Service, Primus, Working Assets Funding Service,
USCOC of NE/KS, Qwest, Verizon-Bell Atlantic,
Broadwing, Verizon Select, Virgin Mobile USA,
Wholesale Carrier Services, VCN, Global Crossing
Bandwidth, Movida, Tans National, Global
Crossing, GlobalStar USA, ACN, TracFone, XO
Comm., Advanced Tel, Broadband Dynamics,
Earthlink, VoiceCom, Intelicall Operator,
Cincinnati Bell Any Distance, Norstan Network,
Network Billing, Teleplus Wireless; November,
2007: D&D&, Alltel Comm. of Nebraska,
Alltel, Nextel Partners, Sprint Spectrum,
Sprint, Verizon, Windstream Systems of the
Midwest, Windstream Nebraska, Lightyear Network
Solutions, Globalcom, GTC Telecom, Enhanced,
Tri-M, Zone Telecom, Acceris, Business Telecom,
Long Distance, NOSVA, NOS, Network Billing
Systems, First Comm., Nextel West,
360networks(USA), ATS Mobile, Covista, BT
Americas, Compliance Solutions.
(PLACED ON FILE)
20) 08R-1 Reappointing Dawn Rockey and Richard Evnen
to the Lincoln Electric System
Administrative Board for three-year terms
expiring January 1, 2011. (ADOPTED, 7-0;
A-84684)
21) 08R-2 Appointing Patrick Beans to the Lincoln
Electric System Administrative Board for a
three-year term expiring January 1, 2011.
(ADOPTED, 7-0; A-84685)
Attachment (45K)
22) 08R-6 Approving the appointment of Gregory
MacLean as the Director of the Public
Works & Utilities Department.(ADOPTED, 7-0;
A-84686)
23) 08R-7 Reappointing Doug Biggerstaff to the
Examining Board of Plumbers for a three-
year term expiring September 4, 2010.
(ADOPTED, 7-0; A-84687)
24) 08R-8 Reappointing Doug Biggerstaff to the Water
Conditioning Board of Examiners for a
three-year term expiring September 4, 2010.
(ADOPTED, 7-0; A-84688)
25) 08R-9 Appointing Carl Eskridge to the Citizen
Police Advisory Board for a three-year term
expiring November 17, 2010.(ADOPTED, 7-0;
A-84689)
Attachment (30K)
26) 08R-10 Appointing Jim Elsener to the Citizen Police
Advisory Board to fill an unexpired term
expiring November 17, 2008.(ADOPTED, 7-0;
A-84690)
Attachment (22K)
27) 08R-11 Reappointing Jeffrey Jenkins and Joseph Skopp to
the Air Pollution Control Advisory Board for
three-year terms expiring November 1, 2010.
(ADOPTED, 7-0; A-84691)
28) 08R-12 Reappointing Joel Gajardo and Colette Mast to
the Multicultural Advisory Committee for three-
year terms expiring September 18, 2010.
(ADOPTED, 7-0; A-84692)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 07-185 Approving a Sublease Agreement between the City
and Experience Works for providing job training
and employment services under the Workforce
Investment Act.(PASSED, 7-0; #19037)
Fact Sheet (58K)
Attachment (341K)
30) 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.(AMENDED #1A, 6-1; CAMP DISSENTING;
AMENDED #2, 7-0; AMENDED #4, 7-0; PASSED AS AMENDED,
5-2; COOK & ESCHLIMAN DISSENTING; #19038)
Fact Sheet (189K)
Motion To Amend 1 (6K)
Motion To Amend 2 (6K)
Motion To Amend 3 (7K)
Motion To Amend 4 (7K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
Fact Sheet (56K)
36) 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)
37) 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)
38) 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)
39) 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 28, 2008, AT 5:30 P.M.
(APPROVED, 7-0)
40) 08R-14 Appointing Olga Kanne to the Multicultural
Advisory Committee for a three-year term expiring
September 18, 2010.
Attachment (38K)
41) 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.
Attachment (42K)
42) 08R-16 Reappointing Larry Anderson to the Government
Access and Information Committee for a two-year
term expiring January 1, 2010.
43) 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.
44) 08R-18 Appointing Brent Hoffman to the Government
Access and Information Committee for a two-year
term expiring January 1, 2010.
Attachment (23K)
45) 08R-19 Appointing Arthel (Gene) Crump and Hazell
Rodriguez to the Lincoln Commission on Human
Rights for three-year terms expiring December
31, 2010.
Attachment (54K)
46) 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.
Fact Sheet (58K)
Attachment (1716K)
47) 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.
Attachment (59K)
48) 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.
Attachment (435K)
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 7:05 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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