City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 17, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF AUGUST WAS
PRESENTED TO RICHARD KLEIN OF THE FIRE AND RESCUE DEPARTMENT IN
THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Box Awesome LLC dba Box Awesome
for an addition of an outside area measuring
approximately 11 feet by 21 feet to the south of
its presently licensed premises at 815 O Street,
Suite 2. (ADOPTED FOR APPROVAL, 7-0; A-84521)
2) Application of Magnolia Restaurant Inc. dba
Magnolia Restaurant for a Class I liquor license
at 301 N. 8th Street. (ADOPTED FOR APPROVAL, 7-0;
A-84522)
3) Manager application of Nick Fraley for Magnolia
Restaurant Inc. dba Magnolia Restaurant at 301
N. 8th Street.(ADOPTED FOR APPROVAL, 7-0;
A-84523)
4) Application of Crabby Bill's Seafood Shack, Inc.
dba Crabby Bill's Seafood Shack for a Class C
liquor license at 803 Q Street. (ADOPTED FOR
APPROVAL, 7-0; A-84524)
5) Manager application of Mark Johnson for Crabby
Bill's Seafood Shack, Inc. dba Crabby Bill's
Seafood Shack at 803 Q Street. (ADOPTED FOR
APPROVAL, 7-0; A-84525)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 11 HAD 2ND READING)
6) 07-141 Change of Zone 07043 - Amending Chapter 27.67 of
the Lincoln Municipal Code relating to parking
by amending Section 27.67.020, the Parking
Matrix, to add a note providing that if the
number of spaces required by the building ratio
is greater than required by the employee ratio,
an additional parking area shall be reserved to
accommodate the additional spacing; amending
Section 27.67.030 to delete the restriction in
Section 27.67.030 that parking lots, parking
areas, and driving aisles may not be located in
the front six feet of the front yard and
deleting the requirement that said front six
feet be landscaped. (Related Items: 07-141,
07R-169)
Fact Sheet (16K)
7) 07R-169 Misc. No. 06007 - Amending Chapter 2.35, Design
Standards for Street Trees, regarding the
location of street trees, repealing Section 2
(Approved Trees for Streets), and repealing
Section 3 (Trees That Will Not Be Permitted as
Street Trees); and by amending Chapter 3.50,
Design Standards for Screening and Landscaping,
by amending Section 3, General Requirements, to
require the plan to show the total square feet
of the parking lot or addition, including
driving aisles, the square feet of the building
addition, the zoning of the lot, and that the
existing parking areas or buildings be shown and
labeled as existing; by amending Section 4,
Plant Material for Screening and Landscaping, to
require a one-half but not more that three-
fourths of the screen be coniferous or a variety
of plant material that will retain its leaves
through the winter months; by amending Section
7, How Much is to Be Screened and Where the
Screens are to be Located on the Property, by
amending Section 7.1, Parking Lots, Parking
Areas, and Driving Aisles, to clarify the amount
of the screen when the parking lot, parking
areas and driving aisles are set back from the
edge of the pavement on private streets or when
the parking lot, parking areas and driving
aisles are less than five feet from an alley
right-of-way, by adding specific screening
requirements for parking lots, parking areas, or
driving aisles in the B-1, B-3, H-1, H-2, and H-
3 zoning districts; by amending Section 7.4 to
modify the measurement of the screen for
residential lots backing onto major streets and
railroads; by amending Section 7.5 to add
additional requirements for screening of
different uses in the B-1, B-2, B-3, H-2, H-3,
H-4, O-2, I-1, I-2, and I-3 districts abutting
residential districts; by amending Section 7.6
to add additional requirements for screening
required yards, open space areas, malls and
around proposed buildings in the O-3, B-2, B-5,
I-2, and I-3 districts and churches in the R-1
through R-4 districts; and by amending Section
8, Procedures, to require plans and documents
required to be filed with the building official
to show screening and landscaping; and repealing
Chapter 3.95, Design Standards for Street Trees,
in its entirety. (Related Items: 07-141, 07R-
169) (Action Date: 9/24/07)
Fact Sheet (24K)
Attachment (36K)
Attachment (29K)
8) 07-147 Approving an Agreement between the City and
First United Methodist Church/Waverly for the
lease of space by the Lincoln Area Agency on
Aging for its ActivAge Center program at 14410
Folkestone Street, Waverly, NE for a period of
September 1, 2007 through August 31, 2008.
Fact Sheet (62K)
Attachment (83K)
9) 07R-183 Approving the Development and Conditional Zoning
Agreement between the City and Safe-Harbour Eat
- XVII, LLC relating to the development of
property generally located at N.W. 27th Street
and West O Street. (Related Items: 07R-183,
07-149) (Action Date: 9/24/07)
Attachment (13K)
10) 07-149 Change of Zone 07048 - Application of Safe-
Harbour Eat - XVII, LLC for a change of zone
from H-3 Highway Commercial District to I-1
Industrial District on 9.25 acres of property
generally located at N.W. 27th Street and West O
Street. (Related Items: 07R-183, 07-149)
Fact Sheet (786K)
11) 07-150 Change of Zone 07049 HP - Application of Matthew
and Lisa Innis to designate the property at 1204
Peach Street as a historic landmark.
Fact Sheet (664K)
SPECIAL PUBLIC HEARING - SETTING THE 2007/2008 PROPERTY TAX RATE
12) 07R-181 Approving the 2007-2008 City tax rate
of 0.28788 per $100.00 of assessed valuation.
(ADOPTED, 7-0; A-84526)
Fact Sheet (77K)
PUBLIC HEARING - RESOLUTIONS
13) 07R-179 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 16 -
31, 2007.(AMENDED TO REMOVE MATULKA CLAIM TO
HAVE ACTION ON 9/24/07, 7-0; ADOPTED AS AMENDED,
7-0; A-84527)
Fact Sheet (13K)
Attachment (16K)
14) 07R-175 Approving an Interlocal Agreement between
Lincoln Public Schools and the City of
Lincoln allowing Lincoln Public Schools to
locate and operate a specialty focus high
school and associated appurtenances on the
Folsom Zoo grounds for a three-year period
ending June 30, 2010. (ADOPTED, 7-0;
A-84528)
Attachment (312K)
15) 07R-180 Approving an extension and modification of the
current School Resource Officer Contract
between the City of Lincoln and the Lincoln
Public Schools for the calendar year 2008.
(ADOPTED, 7-0; A-84529)
Fact Sheet (16K)
Attachment (185K)
16) 07R-182 Approving an Agreement between the City and the
Nebraska Dept. of Roads for additional federal
funds for reconstruction of the Harris Overpass
along O Street between 3rd and 9th Streets.
(ADOPTED, 7-0; A-84530)
Fact Sheet (53K)
Attachment (40K)
Anyone wishing to address an item on the Consent Agenda may do
so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
17) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Special Permit 07037 - App. of Saleoff
Enterprises, Inc. for the authority to sell
alcoholic beverages for consumption off the
premises on property located at NW 19th Street
and West O Street.
Special Permit 07038 - App. of Mark Hunzeker
for the authority to sell alcoholic beverages
for consumption on the premises located at N.
59th and Adams Streets.
Special Permit 07041 - App. of Pendel, Inc.
Fox Trail Estates Community Unit Plan, for
approx. 5 single family acreage lots, with
requests to waive sidewalks, street trees,
street lighting, landscape screening, block
length, preliminary plat, and storm water
detention on property located at SW
56th Street and Old Cheney Road.
18) Setting the Hearing Date of Monday, October 1,
2007 at 1:30 p.m. for the Application of
Nebraska State Fair Board dba Nebraska State
Fair Park for a Class CK liquor license at 1800
State Fair Park Drive. (ADOPTED, 7-0;A-84531)
19) Setting the Hearing Date of Monday, October 1,
2007 at 1:30 p.m. for the Application of EHPV
Operating Group, LLC dba Big Red Keno Sports Bar
& Grill for a Class C liquor license at 955 West
O Street.(ADOPTED, 7-0; A-84532)
20) Setting the Hearing Date of Monday, October 1,
2007 at 1:30 p.m. for the Manager Application of
Alex C. Coyle for 1339 O Street, Inc. dba
Brothers Est 1967 located at 1339 O Street.
(ADOPTED, 7-0; A-84533)
21) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
22) Report from City Treasurer of Franchise tax for
the month of July, 2007 from Aquila. (PLACED ON
FILE)
23) Report from City Treasurer of E911 Surcharge for
the month of July 2007: AT&T Comm. of Midwest,
Level 3 Comm., Level 3 Comm. (PLACED ON FILE)
24) Report from City Treasurer of Telecommunication
Occupation Tax for the quarter April - June,
2007: Startec Global, Telenational, MegaPath,
Southwest, Reliance Comm. Intn'l, Fast Phones of
NE, Business Telcom, Accessline, PNG, Who's
Calling, OPEX, Comtel, Cause Basso Commerce;
June, 2007: KDDI America, Quantum Shift, IBM
Global, Norstan, Business Prod. Solutions,
CIMCO, Ton Services, Teleplus Wireless, XO
Comm., VoiceCom, Andiamo, Telecom System Corp of
Maryland, Earthlink, Cincinnati Bell, LDMI,
TracFone, Global Crossing Bandwidth, Advanced
Tel, Intellicall Operator Services, Guaranteed
Phone Service, Broadband Dynamics, IDT, Verizon-
Bell, ACN, Transnational, Primus, Qwest, Virgin
Mobile USA, Telecorp, Aircell, Verizon-Verizon
Select, GlobalStar USA, Broadwing, Working
Assets Funding Service, McLeod USA, OnStar,
Global Crossing, USCOC of NE/KS, Moribo, UCN,
Nebraska Technology & Telecomm., New Cingular
Wireless, USCOC of Greater Iowa, AT&T Comm. of
Midwest, Cricket; July, 2007: Sprint, Windstream
Nebraska, Windstream Systems of the Midwest,
Nebraska Technology & Telecomm., MCI WorldCom
Network, Sprint Spectrum, Nextel, Alltel, Alltel
Comm. of Nebraska, D&D, TWC Digital Phone,
Norstan Network, Nextel West, 360Networks USA,
Zone Telecom, Enhanced Comm. Network, GTC,
Lightyear Network Solutions, GlobalCom, Tri-M,
First Comm., Affinity Network, Acceris, SBC Long
Distance, NOS, NOSVA, BT Americas, Covista, ATS
Mobile Telephone. (PLACED ON FILE)
25) 07R-172 Appointing Patte Newman, Andrea Snowden, Rick
Poore, and Kathleen Neary to the Charter
Revision Commission for terms expiring July 15,
2011, July 15, 2011, July 15, 2010, and July 15,
2010, respectively.(ADOPTED, 7-0; A-84534)
Attachment (120K)
26) 07R-173 Reappointing Cindy M. Wostrel to the Community
Forestry Advisory Board for a three-year term
expiring August 17, 2010.(ADOPTED, 7-0;
A-84535)
27) 07R-174 Reappointing Dan Pudenz and Don Schroeder to the
Electrical Advisory, Appeals and Examining Board
for three-year terms expiring August 15, 2010.
(ADOPTED, 7-0; A-84536)
28) 07R-176 Reappointing Robin Eschliman, Dan Marvin, and
Ken Svoboda to the Railroad Transportation
Safety District for one-year terms expiring
August 31, 2008.(ADOPTED, 7-0; A-84537)
29) 07R-177 Appointing Doug Emery and Robin Eschliman to the
Joint Budget Committee for two-year terms
expiring August 31, 2009.(ADOPTED, 7-0;
A-84538)
30) 07R-178 Appointing Dan Marvin to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2008.(ADOPTED, 7-0;
A-84539)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 31 & 32 HAD 1ST READING)
31) 07-148 Amending Title 4 of the Lincoln Municipal Code
to repeal Chapter 4.10 "Community Development
Task Force."
Fact Sheet (94K)
32) 07-151 Approving an Agreement between the City and the
Asian Community & Cultural Center for the lease
of space by the Lincoln Area Agency on Aging for
its ActivAge Center program at 2615 O Street for
a period of October 1, 2007 through August 31,
2008.
Fact Sheet (67K)
Attachment (78K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
33) 07-132 Vacation 05008 - Vacating Pine Lake Road between
Westshore Drive and Eastshore Drive. (Action
Delayed to 9/17/07)(PASSED, 7-0; #18990)
Fact Sheet (1252K)
34) 07-137 Annexation 07002 - Amending the Lincoln
Corporate Limits Map by annexing approximately
40.48 acres of property generally located at N.
90th Street and Leighton Ave. (Related Items:
07-137, 07-138)(PASSED, 7-0; #18991)
Fact Sheet (274K)
35) 07-138 Change of Zone 07044 - Application of Cameron
Homes for a change of zone from AG Agricultural
District to R-4 Residential District on property
generally located at N. 90th Street and Leighton
Ave. (Related Items: 07-137, 07-138)(PASSED, 7-0;
#18992)
Fact Sheet (311K)
36) 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. ( PLACED ON
PENDING FOR ONE WEEK TO 9/24/07, 4-3; COOK, EMERY,
MARVIN DISSENTING.)
Fact Sheet (399K)
37) 07-140 Change of Zone 07041 - Application of Yasufuku
U.S.A., Inc. for a change of zone from I-2
Industrial Park District to I-1 Industrial
District on property generally located at N.W.
12th Street and W. Commerce Way.(PASSED,
7-0; #18993)
Fact Sheet (270K)
38) 07-142 Change of Zone 07046 - Amending Title 27 of the
Lincoln Municipal Code relating to zoning by
adding a new Section 27.03.525 to define
restaurant; amending Sections 27.27.025,
27.29.030, 27.33.030, 27.41.030, 27.43.030,
27.49.030, 27.51.040 and adding new sections
numbered 27.39.025, 27.45.025, and 27.47.025 to
allow and establish conditions for the sale of
alcoholic beverages for consumption on the
premises of a restaurant as a permitted
conditional use in the O-3, B-1, B-3, H-2, H-3,
I-2, I-3, H-1, H-4, and I-1 districts,
respectively; by amending Sections 27.29.040,
27.33.040, 27.39.030, 27.41.040, 27.43.040,
27.45.030, 27.47.030, 27.49.040, 27.51.050, and
27.63.680 to allow the sale of alcoholic
beverages for consumption on any premises not
meeting the requirements for the sale of
alcoholic beverages for consumption on the
premises of a restaurant as a conditional
permitted use in the B-1, B-3, H-1, H-2, H-4, I-
1, I-2 and I-3 districts as special permitted
use; by amending Section 27.27.030 to delete the
sale of alcohol for consumption on the premises
in restaurants as a special permitted use in the
O-3 district; by amending Section 27.67.040 to
add special parking requirements for bars,
coffee shops and similar uses formerly
classified as a restaurant; and by amending
Figure 27.67.040 to add bars, coffee shops, and
similar uses to the list of uses which have
special parking requirements. (DELAYED ONE
WEEK TO HAVE ACTION ON 9/24/07, 7-0)
Fact Sheet (40K)
39) 07-143 Amending Section 4.54.010 of the Lincoln
Municipal Code to delete the term limits for
Community Forestry Advisory Board members and
deleting provisions regarding ex-officio
members.(PASSED, 7-0; #18994)
Fact Sheet (98K)
40) 07-144 Approving an Agreement between the City and
American Legion Post #280 for the lease of space
by the Lincoln Area Agency on Aging for its
ActivAge Center program at 970 Monroe, Bennet,
NE for a period of September 1, 2007 through
August 31, 2008.(PASSED, 7-0; #18995)
Fact Sheet (60K)
Attachment (83K)
41) 07-145 Approving an Agreement between the City and
Firth Community Center for the lease of space
by the Lincoln Area Agency on Aging for its
ActivAge Center program at 311 Nemaha Street,
Firth, NE for a period of September 1, 2007
through August 31, 2008.(PASSED, 7-0; #18996)
Fact Sheet (58K)
Attachment (82K)
42) 07-146 Approving an Agreement between the City and
Hickman Presbyterian Church for the lease of
space by the Lincoln Area Agency on Aging for
its ActivAge Center program at 300 E. Third
Street, Hickman, NE for a period of September 1,
2007 through August 31, 2008.(PASSED, 7-0; #18997)
Fact Sheet (59K)
Attachment (134K)
PENDING LIST - DATE CERTAIN
43) 07R-149 Approving the appointment of Leirion Gaylor
Baird to the Lincoln-Lancaster County Planning
Commission for a six-year term expiring
September 18, 2013. (8/20/07 - P.H. w/Action
con't. to 9/24/07)
Attachment (222K)
44) 07R-150 Approving the appointment of Wendy J. Francis to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring August 31, 2013.
(8/20/07 - P.H. w/Action con't. to 9/24/07)
Attachment (190K)
45) 07R-151 Approving the appointment of Robert R. Moline to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring August 31, 2013.
(8/20/07 - P.H. w/Action con't. to 9/24/07)
Attachment (163K)
PENDING LIST (EXTENDED ONE WEEK)
46) 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)
47) 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)
48) 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)
49) 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)
50) 06-209 Approving a transfer of appropriations and cash
(where appropriate) between projects within
Part B 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)
51) 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)
52) 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)
53) 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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 24, 2007, AT 5:30 P.M.
(APPROVED, 7-0)
54) 07R-184 Misc. 07007 - Declaring the West Haymarket
Area as blighted and substandard generally
bounded by Haymarket Park on the north to G
Street on the south, with the eastern boundary
running along 13th Street from G to H Street,
then along 9th Street to O Street and following
the railroad tracks at approximately 6th Street
to Interstate 180; and the west boundary generally
following Salt Creek, 2nd Street and Sun Valley Blvd.
to Line Drive.
Fact Sheet (233K)
Attachment (1009K)
55) 07R-185 Approving a Cooperative Agreement between the
Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding State
of Nebraska grant funding from the Stormwater
Management Plan Program.
Fact Sheet (61K)
Attachment (167K)
56) 07R-186 Authorizing and supporting the Parks &
Recreation Department's submittal of a grant
application to the State Game & Parks Commission
for a Recreational Trail Program Grant to fund
the renovation of the Boosalis Trail along
Highway 2 from 20th Street to 27th Street.
Fact Sheet (79K)
57) 07R-188 Appointing Dan Marvin to the Utility Billing
Check-Off Program Board for a one-year term
expiring August 31, 2008.
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 (9/19/07)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS 9/24/07.
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 SEPTEMBER ARE THE 10TH
AND THE 24TH.
ADJOURNMENT 3:35 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
***