City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 1, 2007 AT 1:30 P.M.
ALL MEMBER PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Nebraska State Fair Board dba
Nebraska State Fair Park for a Class CK liquor
license at 1800 State Fair Park Drive.
(ADOPTED FOR APPROVAL, 7-0; A-84551)
2) Manager application of Barney L. Cosner for
Nebraska State Fair Board dba Nebraska State
Fair Park at 1800 State Fair Park Drive.
(ADOPTED FOR APPROVAL, 7-0; A-84552)
3) 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 FOR APPROVAL, 7-0; A-84553)
4) Manager application of Troy D. Olson for EHPV
Operating Group LLC dba Big Red Keno Sports Bar
& Grill at 955 West O Street. (ADOPTED FOR
APPROVAL, 7-0; A-84554)
5) Manager application of Alex C. Coyle for 1339 O
Street Inc. dba Brothers Est 1967 at 1339 O
Street. (ADOPTED FOR APPROVAL, 6-1;
ESCHLIMAN DISSENTING; A-84555)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 10 HAD 2ND READING)
6) 07R-197 Approving the Development and Conditional Zoning
Agreement between the City and Southeast Lincoln
Animal Center LLC relating to the development of
property generally located at S. 84th Street and
Old Cheney Road. (Related Items: 07R-197, 07-152)
(Action Date: 10/8/07)
Attachment (10K)
7) 07-152 Change of Zone 07042 - Application of Southeast
Animal Medical Center for a change of zone from
O-2 Suburban Office District to B-1 Local
Business District on property generally located
northeast of the intersection of S. 84th Street
and Old Cheney Road. (Related Items: 07R-197,
07-152)
Fact Sheet (460K)
8) 07-153 Change of Zone 07047 - Application of William J.
Wood for a change of zone from R-6 Residential
District to R-4 Residential District on property
generally located between A and F Street from S.
8th to S. 9th Streets.
Fact Sheet (705K)
9) 07-154 Change of Zone 07051 - Amending Title 27 of the
Lincoln Municipal Code relating to nonconforming
signs by amending Section 27.69.320 to add
provisions allowing a nonconforming off-premises
sign to be replaced without being brought into
compliance with the zoning code sign regulations
under limited circumstances.
Fact Sheet (467K)
10) 07-155 Amending Title 4 of the Lincoln Municipal Code
relating to Boards and Commissions by adding a
new Chapter 4.66, creating a City Audit Advisory
Board, setting forth definitions, creating the
membership of the Board and the length of terms
and removal from office, setting forth the
duties and powers of the Board, establishing
meetings and rules, providing for staffing,
providing for audit coordination and a custodian
of records, laying out the ground rules for
access to information, providing for an
auditee's response, and setting out the process
for selecting a contract auditor.
Fact Sheet (80K)
PUBLIC HEARING - RESOLUTIONS
11) 07R-189 Approving Tam O'Shanter as a keno satellite site
at 105 S. 25th Street.(ADOPTED, 6-1;
ESCHLIMAN DISSENTING; A-84556)
Fact Sheet (74K)
12) 07R-191 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 1 -
15, 2007.(AMENDED TO REMOVE TRAUTMAN CLAIM TO
HAVE PUBLIC HEARING & ACTION ON 10/8/07, 7-0;
AMENDED CLAIM OF REA TO BE ALLOWED, 7-0; ADOPTED
AS AMENDED, 7-0; A-84557)
Fact Sheet (13K)
Attachment (18K)
13) 07R-192 Approving the Harvest Project Contract between
the City's Lincoln Area Agency on Aging and
Lancaster County on behalf of the Community
Mental Health Center to provide mental health,
substances abuse, and aging services to elderly
residents of Lincoln County for a one year
period. (ADOPTED, 7-0; A-84558)
Fact Sheet (69K)
Attachment (705K)
14) 07R-193 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for the funding of the design, right-
of-way acquisition, and construction activities
for Phase 1 of the Antelope Valley Project.
(ADOPTED, 7-0; A-84559)
Fact Sheet (45K)
Attachment (101K)
15) 07R-194 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for the funding of the design, right-
of-way acquisition and construction activities
for the new bridge construction of the S.W. 40th
Street Overpass over the BNSF railyard.
(ADOPTED, 7-0; A-84560)
Fact Sheet (61K)
Attachment (93K)
16) 07R-195 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for the funding of the design, right-
of-way acquisition and construction activities
for the new bridge construction of the Harris
Overpass on O Street, 3rd to 9th Streets.
(ADOPTED, 7-0; A-84561)
Fact Sheet (47K)
Attachment (93K)
17) 07R-196 Authorizing an application to the Nebraska Game
& Parks Commission for Land and Water
Conservation grant funding assistance for the
development of a neighborhood park located in
the Hartland Garden Valley Development near N.
14th Street and Humphrey Ave. (ADOPTED, 7-0;
A-84562)
Fact Sheet (142K)
18) 07R-198 Assessing Nuisance Abatement costs associated
with the clearing of public nuisances by the
Health Department to the following benefitted
properties: 3141 S St., 901 N. 23rd St., 1920
S. 17th St., 2026 Lake St., 6432 Leighton Ave.,
1140 Fairfield St., 2302 S. 11th St., 920
Garfield St., 3102 N. 48th St., 1851 Garfield
St., 3019 Starr St., 724 Washington St., 2948
Starr St., 245 N. 25th St., 960 S. 40th St.,
3051 U St., 2718 Alpha St., 2540 S St., 2436
Vine St., 2925 N. 54th St., 1536 LeGros Ave.,
600 Village Ave., 3035 S. 46th St., 631 N. 26th
St., 1530 N. 23rd St., 1240 N. 66th St., 3846
Sumner St., 7211 Stevens Ridge Rd., 2163 S.
8th St., 4126 Madison Ave., 2335 S. 39th St.,
1648 S. 24th St., 1520 D St., 4702 Cooper Ave.,
3160 T St., 1035 S. 23rd St., 1401 S. 21st St.,
847 N. 29th St., 4139 Lewis Ave.
(ADOPTED, 7-0; A-84563)
Fact Sheet (88K)
Attachment (3849K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
19) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 07053 - App. of Airpark
Holdings V, LLC from O-3 to H-4 on property
located at NE corner of 27>th Street and
Yankee Hill Rd.
Special Permit 1685A - App. of Rega
Engineering for an amendment to increase the
number of children and staff at the child-care
facility, and waive the requirement that such
facility shall be located on an arterial street
per Section 27.63.070 of the LMC and the
requirement to provide a conversion plan on
property located at 1037 S. 12th Street.
Special Permit 2022B - App. of Airpark
Holdings V, LLC to expand the existing special
permit for Planned Service Commercial to include
an additional 40,800 sq. ft. of commercial uses
and to waive sign restrictions on the property
located at NE corner of 27th Street and
Yankee Hill Rd.
Special Permit 07044 - App. of Terri
Sherman for a parking lot in a residential
zoning district on property located at 1800 F
Street.
Special Permit 07045 - App. of Faulk &
Foster for an approximately 198' tall wireless
facility on property located at S. 70th Street
and Saltillo Rd.
Special Permit 07046 - App. of Gerald
Maddox for extraction of soil on property
located at SE of the intersection of S.
40th Street & Yankee Hill Rd.
Use Permit 04005A - App. of E-S-P on
behalf of Regal Building Systems to reduce the
rear yard setback on property located at NW
1st Street and Barons Ridge.
20) Setting the Hearing Date of Monday, October 15,
2007 at 1:30 p.m. for GJR, LLC dba Randy's Grill
& Chill for a liquor catering license at 4947
Holdrege Street. (ADOPTED, 7-0; A-84564)
21) Setting the Hearing Date of Monday, October 15,
2007 at 1:30 p.m. App. of Carmela's Bistro &
Wine Bar, LLC dba Carmela's Bistro Wine Bar for
a Class C liquor license located at 4141 Pioneer
Woods Dr., Ste. 110. (ADOPTED 7-0; 84565)
22) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
23) City Clerk and Mayor's approval of Ordinances &
Resolutions passed by Council on September 17,
2007. (PLACED ON FILE)
24) 07R-190 Appointing Brent Johnson to the Pedestrian/Bicycle
Committee to fill an unexpired term expiring
September 1, 2008. (ADOPTED, 7-0; A-84566)
Attachment (24K)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
25) 07-148 Amending Title 4 of the Lincoln Municipal Code
to repeal Chapter 4.10 "Community Development
Task Force. (PASSED, 7-0; #19002)
Fact Sheet (94K)
26) 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. (PASSED, 7-0; #19003)
Fact Sheet (67K)
Attachment (78K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
27) 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)
28) 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)
29) 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)
30) 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)
31) 06-209 Approving a transfer of appropriations and
Part B cash (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)
32) 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)
33) 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)
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)
(Request to Place on Pending - No Date Certain)
(7/23/07 - Placed on Pending - No Date Certain)
Fact Sheet (1439K)
35) 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. (9/24/07 - Placed
on Pending, No Date Certain)
Fact Sheet (61K)
Attachment (167K)
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. (9/17/07 -
Action Delayed 1 wk. to 9/24/07) (9/24/07 -
Placed on Pending, No Date Certain)
Fact Sheet (399K)
37) 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. (Action Delayed
1 wk. to 9/24/07) (9/24/07 - Referred back to
Planning Dept.)
Fact Sheet (40K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 8, 2007, AT 1:30 P.M.
(APPROVED, 7-0; SEE ITEM #39)
38) 07R-199 Authorizing the Mayor to execute a multi-year
a multi-year contract per City Ordinance when
funding appropriations comes from more than one
fiscal year CIP for the StarTran Automated Vehicle
Location (AVL) Project.
Fact Sheet (63K)
39) 07R-200 Appeal by Dan Marvin of the StarTran Advisory
Board action approving the Transit Development
Plan (TDP) and the near-term route changes that
are part of the TDP.(TO HAVE PUBLIC HEARING ON
10/8/07; ACTION DELAYED TO 10/29/07, 7-0)
Fact Sheet (58K)
Attachment (861K)
40) 07R-201 Approving the City of Lincoln Redevelopment
Agreement between the City and Ventre A Terre,
LLC, and Turbine Flats Project, Inc. relating to
the redevelopment of property generally located
at 22nd and Y Streets for research and
development incubator space.
Attachment (154K)
41) 07R-202 Approving a resolution in support of State
legislation for the adoption of a Baby Safe
Haven Law to discourage unsafe baby abandonment.
42) 07R-203 Declaring the official intent of the City to
reimburse certain expenses in connection with
the acquisition, purchase and installation of
improvements to the Antelope Creek channel in
conjunction with improvements to be made by the
United States Army Corps of Engineers from the
proceeds of tax-exempt obligations of the
City.
43) 07R-204 Appeal of Somsri Chollett dba Magnolia
Restaurant of the Historic Preservation
Commission decision approving a Certificate of
Appropriateness for a sign at 301 N. 8th Street
with the condition that it not include neon
illumination.
Fact Sheet (464K)
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 (10/3/07) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 10/8/07.
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 OCTOBER ARE THE 8TH AND THE 29TH.
ADJOURNMENT 3:05 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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