City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 25, 2007 AT 5:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF JULY 2ND DUE TO HOLIDAY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Ronn Sorensen for Beacon
Hills of Lincoln LLC dba Beacon Hills at 5353 N.
27th Street. (ADOPTED FOR APPROVAL, 7-0;
A-84417)
2) Application of James K. Vuong dba Ambiance Nail
Spa for a Class I liquor license at 2755 Jamie
Lane, Suite 3. (ADOPTED FOR APPROVAL, 7-0;
A-84418)
3) Application of Doughboyz Inc. dba Doughboyz
Bistro/Scrumpy Jacks to expand its presently
licensed premises to read as a one story building
measuring 80 feet by 128 feet including a sidewalk
caf‚ approximately 25 feet by 60 feet, at 5500 S.
56th Street, Suite 185-195. (ADOPTED FOR APPROVAL,
7-0; A-84419)
4) Application of Box Awesome LLC dba Box Awesome for
a Class C liquor license at 815 O Street, Suite 2.
(ADOPTED FOR APPROVAL, 7-0; A-84420)
5) Manager application of Jeremiah Moore for Box
Awesome LLC dba Box Awesome at 815 O Street,
Suite 2. (ADOPTED FOR APPROVAL, 7-0; A-84421)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 10 HAD 2ND READING, SEE ITEM #6)
6) 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)
(PLACED ON PENDING INDEFINITELY, 7-0)
Fact Sheet (638K)
7) 07-100 Amending Chapter 8.20 of the Lincoln Municipal
Code, the Lincoln Food Code, to adopt the FDA Food
Code as the basis for the Nebraska Pure Food Act
and to be consistent with the Nebraska Pure Food
Act.
Fact Sheet (68K)
8) 07-101 Change of Zone 07029 - Application of Capital
Senior Living Properties for a change of zone from
R-3 Residential District to R-4 Residential
District and O-3 Office Park District on property
generally located at Gramercy Road and A Street.
Fact Sheet (241K)
9) 07-102 Change of Zone 07032 - Amending Title 27 of the
Lincoln Municipal Code to provide for more
flexibility of uses and building arrangements on
residential zoned lots by amending Section
27.63.580 to allow the customary services of
nonprofit religious, educational and philanthropic
institutions, excluding retail uses, to locate
within R-6, R-7, and R-8 by special permit;
amending Section 27.71.130 to allow, under
specified conditions, more than one main building
or use on a lot located in the R-5, R-6, R-7, R-8,
O-1, O-2, O-3, R-T, B-1, B-2, B-3, B-4, B-5, H-1,
H-2, H-3, H-4, I-1, I-2, or I-3 District; amending
Section 27.71.140 to reduce the minimum spacing
between two- and three-story buildings to 20 feet,
with further reduction by the Building and Safety
Department if code requirements can be met.
Fact Sheet (226K)
10) 07-103 Declaring approximately 5,697 square feet
generally located at the southwest corner of
S. 27th Street and Randolph Street as surplus
property.
Fact Sheet (227K)
PUBLIC HEARING - RESOLUTIONS
11) 07R-112 Ordering Paving Unit No. 140 constructed in N.
36th Street between Vine and W Streets and
assessing the costs thereof against the benefitted
properties. (ADOPTED, 7-0; A-84422)
Fact Sheet (61K)
Attachment (75067K)
12) 07R-120 Application of the University of Nebraska Lincoln
to use the public right-of-way to place a fiber
optic line from the University of Nebraska -
Lincoln Maintenance Shops at 942 N. 22nd Street to
the Whittier Junior High Building at 2200 Vine
Street. (ADOPTED, 7-0; A-84423)
Fact Sheet (59K)
Attachment (1342K)
13) 07R-121 Approving an Agreement between the Lincoln-
Lancaster County Health Department and the
Social Security Administration to establish
conditions to disclose information relating to the
eligibility for and payment of Social Security
benefits and/or Supplemental Security Income and
Special Veterans Benefits.
(ADOPTED, 7-0; A-84424)
Fact Sheet (63K)
Attachment (2095K)
PUBLIC HEARING
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 07-99 Amending the pay schedule for a certain
employee group by creating the classification
of Senior Public Health Nurse. (6/18/07 -
Con't. P.H. w/Action on 6/25/07)
(PASSED, 7-0; #18946)
Fact Sheet (50K)
15) 07-78 Misc. 07004 - Amending Title 26 of the
07-78S Lincoln Municipal Code relating to Land
Subdivision to provide requirements and
criteria to prevent and control water
pollution from construction site discharges
and diminish adverse impacts to health,
safety, property, and the general welfare of
the citizens of the City of Lincoln by adding
new sections numbered 26.07.085, 26.07.123,
26.07.125, 26.07.137, 26.07.138, 26.07.164,
26.07.166, 26.07.167, and 26.27.168 to
provide definitions for "construction
activity," "individual site construction,"
"mini-SWPPP," "permit in conformance with
Chapter 28.01," "person," "stop work order,"
"storm drainage system," "stormwater," and
"stormwater pollution prevention plan
(SWPPP)", respectively; by amending Sections
26.11.038, 26.23.190, and 26.27.060 to
require compliance with Chapter 28.01 for
construction activity and individual site
construction; by amending Section 26.31.040
to allow enforcement action and removal
authority by the City in the event sediment
is deposited in a storm drainage system.
(Related Items: 07-78, 07-79, 07-80, 07R-
102) (6/4/07 - Con't. P.H. w/Action to
6/25/07) (SUBSTITUTE ORDINANCE ACCEPTED,
7-0; PASSED, 7-0; #18947)
Fact Sheet (481K)
16) 07-79 Change of Zone 07015 - Amending Section
07-79S 27.81.010 of the Lincoln Municipal Code
relating to General Regulations of the
Zoning Code and to require compliance with
Chapter 28.01, Regulations for Construction Site
Discharges, for construction activity. (Related
Items: 07-78, 07-79, 07-80, 07R-102) (6/4/07 -
Con't. P.H. w/Action to 6/25/07)
(SUBSTITUTE ORDINANCE ACCEPTED, 7-0;
PASSED, 7-0; #18948)
Fact Sheet (475K)
17) 07-80 Creating a new Title 28 "Stormwater Quality
07-80S and Erosion and Sediment Control" to
consolidate the erosion and sediment control
requirements in a single chapter called
"Regulations for Construction Site Discharges" to
meet all state and federal requirements.
(Related Items: 07-78, 07-79, 07-80, 07R-102)
(6/4/07 - Con't. P.H. w/Action to 6/25/07)
(SUBSTITUTE ORDINANCE ACCEPTED, 7-0; PASSED,
7-0; #18949)
Fact Sheet (98K)
18) 07R-102 Misc. 07005 - Amending the City of Lincoln Design
07R-102S Standards to set forth standards for
construction site stormwater discharges
pursuant to the National Pollutant
Discharge Elimination system (NPDES) under the
Federal Clean Water Act and the Nebraska
Environmental Protection Act by amending Chapter
2.05 "Stormwater Drainage Design Standards,
Section 11 "Erosion and Sediment Control" to
repeal Sections 11.1 and 11.2 and to add new
Section 11.1 setting forth the purpose and scope
of the design standards for erosion and sediment
control; to add new Section 11.2 requiring
that a permit and SWPPP be submitted
to the Lower Platte South Natural Resources
District for any construction activity;
to add new Section 11.3 setting forth
requirements for Individual Site
Construction; and to add new Section 11.4 which
adopts by reference Chapter 9 of the City's
Drainage Criteria Manual. (Related Items:
07-78, 07-79, 07-80, 07R-102) (Action Date: 6/4/07)
(6/4/07 - Con't. P.H. w/Action to 6/25/07)
(SUBSTITUTE RESOLUTION ACCEPTED, 7-0;
ADOPTED, 7-0; A-84431)
Fact Sheet (540K)
Attachment (17K)
Attachment 2 (1435K)
Anyone wishing to address an item on the Consent Agenda May Do So
At This Time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
19) Setting the hearing date of Monday, July 16, 2007
at 1:30 p.m. for the Application of Europe Coffee,
Inc. dba Europe Coffee for a Class I liquor
license located at 1819 O Street.
(ADOPTED, 7-0; A-84425)
20) Setting the hearing date of Monday, July 16, 2007
at 1:30 p.m. for the Manager Application of
Deborah A. Roberts for Buggy Bath West, LLC dba
Buggy Bath Car Wash - West located at 1502 West O
Street. (ADOPTED, 7-0; A-84426)
21) Setting the hearing date of Monday, July 16, 2007
at 1:30 p.m. for the Application of Rhinodynamics,
Inc. dba Duffy's Tavern for an addition to premise
consisting of the expansion of an existing beer
garden to be a new L-shaped area totaling
approximately 44 by 50 feet located at
1406 - 1412 O Street. (ADOPTED, 7-0; A-84427)
22) Setting the hearing date of Monday, July 16, 2007
at 1:30 p.m. for the Application of CB Holdings,
Inc. dba Sharkwater Lounge for a Class C liquor
license located at 140 N. 12th Street.
(ADOPTED, 7-0; A-84428)
23) Setting the hearing date of Monday, July 16, 2007
at 1:30 p.m. for the Application of Ramo's Pizza,
Inc. dba Ramo's Pizza Pub & Buster's BBQ for an
addition to premise/reconstruction consisting of a
one story building approximately 30 by 75 feet
including irregular shaped beer garden
approximately 56 by 83 feet located at 2435 S.
48th Street. (ADOPTED, 7-0; A-84429)
24) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
25) Setting a hearing date of Monday, July 16,
2007, at 10:00 a.m. for Board of Equalization
Special Assessment Group I. (APPROVED, 7-0)
26) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on June
11, 2007. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
27) 07-74 Amending Title 8 of the Lincoln Municipal
Code relating to Health and Sanitation by
creating a new Chapter 8.18 entitled
"Communicable Disease Act" to define and
authorize actions related to communicable,
contagious and infectious diseases.
(PASSED, 7-0; #18950)
Fact Sheet (67K)
Attachment (12K)
28) 07-95 Approving the sale of the three City owned
properties (the Triplets) located at 1425,
1437, and 1441 N. 15th Street for appraised
values or above. (PASSED, 7-0; #18951)
Fact Sheet (74K)
29) 07-96 Approving a multi-year agreement between the
City and Midwest Golf Inc. for the sale of
advertising on tee signs at each of the
City's five golf courses. (PASSED, 7-0; #18952)
Fact Sheet (89K)
Attachment (23K)
30) 07-98 Change of Zone 07028 - Application of Hidden
Valley Estates LLC for a change of zone from
AG Agricultural District to AGR Agricultural
Residential District on property generally
located south of S. 112th Street and Pine
Lake Road. (Related Items: 07-98, 07R-
119) (PASSED, 7-0; #18953)
Fact Sheet (383K)
31) 07R-119 Approving the Development and Conditional Zoning
Agreement between the City and Hidden Valley
Estates LLC relating to the development of
property generally located at S. 112th Street and
Pine Lake Road. (Related Items: 07-98, 07R-119)
(Action Date: 6/25/07) (ADOPTED AMENDMENT #2, 7-0;
ADOPTED AS AMENDED, 7-0; A-84430)
Attachment (10K)
RECONSIDERATION REQUEST OF COUNCILMAN JON CAMP
32) 07-91 Change of Zone 07025 - Application of Nebraska
Nurseries for a change of zone from R-3
Residential Dist. to B-2 Planned Neighborhood
Business Dist. on property generally located
at S. 80th St. and Pioneers Blvd.
(6/18/07 - Placed on Pending until
Use Permit goes before Planning Commission)
(RECONSIDERED FOR ACTION, 7-0; PASSED, 7-0; #18954)
Fact Sheet (259K)
PENDING LIST - DATE CERTAIN
33) 07R-36 Special Permit 1989A - Application of Sid Dillon
Automobile Dealership to modify the Design
Standards for parking lots to allow 20 ft. candle
lighting levels in the display areas on property
generally located at S. 27th St. & Kendra Ln.
(2/12/07 - Placed on Pending for P.H. &
Action 5/7/07) (5/7/07 - P.H. con't. to
7/23/07)
Fact Sheet (1005K)
34) 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)
Fact Sheet (1439K)
PENDING LIST (EXTENDED ONE WEEK)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 07-91 Change of Zone 07025 - Application of
Nebraska Nurseries for a change of zone from
R-3 Residential Dist. to B-2 Planned
Neighborhood Business Dist. on property
generally located at S. 80th St. and Pioneers
Blvd. (6/18/07 - Placed on Pending until
Use Permit goes before Planning Commission)
Fact Sheet (259K)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 9, 2007, AT 1:30 P.M.:
(APPROVED, 7-0)
42) 07R-122 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 1-15,
2007.
Fact Sheet (13K)
Attachment (16K)
43) 07R-123 Reappointing Maggie Stine to the City Personnel
Board for a five-year term expiring June 22, 2012.
44) 07R-124 Reappointing Wayne Heyen and Carol Swigart to the
Air Pollution Control Advisory Board for three-
year terms expiring November 1, 2010.
45) 07R-125 Appointing Jay Snyder to the Air Pollution Control
Advisory Board to fill an unexpired three-year
term expiring November 1, 2007 and an additional
three-year term expiring November 1, 2010.
Attachment (47K)
46) 07R-126 Comprehensive Plan Conformance 07012 - Adopting
the South Street Redevelopment Plan on property
generally bounded by Plum Street on the north,
extending to Rose Street between 6th and 8th
Streets, 6th Street to the west, Saratoga Street
to the south and 17th Street to the east.
Fact Sheet (230K)
Attachment (2446K)
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 (6/20/07) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 6/25/07.
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 JUNE ARE THE 11TH AND THE 25TH.
ADJOURNMENT 8:43 P.M.
ANNOUNCEMENTS:
Open Microphone Sessions for July are the 9th and the 30th.
Deadline to register to speak is Tuesday July 3rd at 10:00 A.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.
****
The City Council Agenda and Action Sheet may be accessed on the
Internet at:
lincoln.ne.gov
***