City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 8, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT (EMERY ABSENT FOR VOTE)
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Ca Na Ka, Inc. dba Michel's Ville
Grille for a Class C liquor license at 2701 N.
48th Street. (ADOPTED FOR APPROVAL, 6-0;
A-84567)
2) Manager application of Debra S. Michel for
Ca Na Ka, Inc. dba Michel's Ville Grille at
2701 N. 48th Street. (ADOPTED FOR APPROVAL,
6-0; A-84568)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
3) 07R-191C 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. (10/1/07 - Con't P.H. & Action on
claim of Gregg Trautman to 10/8/07)
(ADOPTED, 6-0; A-84569)
4) 07R-199 Authorizing the Mayor to execute 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. (ADOPTED, 6-0;
A-84570)
Fact Sheet (63K)
5) 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. (10/1/07 - Action
Delayed to 10/29/07)
Fact Sheet (58K)
Attachment (861K)
6) 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. (ADOPTED, 6-0;
A-84571)
Attachment (154K)
7) 07R-202 Approving a resolution in support of State
legislation for the adoption of a Baby Safe
Haven Law to discourage unsafe baby abandonment.
(ADOPTED, 6-0; A-84572)
8) 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.
(WITHDRAWN, 6-0; #38-4559)
9) 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. (ADOPTED, 6-0; A-84573)
Fact Sheet (464K)
Anyone wishing to address an item on the Consent Agenda may do so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
10) Setting the hearing date of Monday, October 22,
2007 at 1:30 p.m. for the Application of SIS
Ventures, Inc. dba Legends Bar & Grill for a
Class C liquor license located at 8300
Northwoods Drive. (ADOPTED, 6-0; A-84574)
11) Setting the hearing date of Monday, October 22,
2007 at 1:30 p.m. for the Manager Application of
Brian J. Kawa for Levy Premium Foodservice LTD
dba Levy Restaurants at Haymarket Park located
at 403 Line Drive Circle. (ADOPTED, 6-0; A-84575)
12) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
13) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended August 31,
2007. (ADOPTED, 6-0; A-84576)
14) Report from City Treasurer of City Cash on hand
at the close of business August 31, 2007.
(PLACED ON FILE)
15) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on September 24, 2007.
(PLACED ON FILE)
16) Report from City Treasurer of franchise tax for
the month of August, 2007 from Aquila.
(PLACED ON FILE)
17) Report from City Treasurer of E911 surcharge for
the month of April 2007: Time Warner Cable;
August 2007: AT&T Communications of Midwest,
Comtel Telcom Assets LP, Level 3 Communications
LLC. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 18
THRU 22 HAD 1ST READING)
18) 07R-206 Approving the 9th to 10th Streets, south of
South Street Development and Conditional Zoning
Agreement between the City and Red Cloud
Development relating to the redevelopment of
property generally located at 9th and South
Streets for commercial and retail uses. (Related
Items: 07R-206, 07-156, 07-157) (Action Date:
10/22/07)
Attachment (208K)
19) 07-156 Change of Zone 07027 - Application of RJJ&T, LLC
and Red Cloud Development for a change of zone
from R-4 Residential District to B-3 Commercial
District on property generally located south of
South Street between 9th and 10th Streets.
(Related Items: 07R-206, 07-156, 07-157)
Fact Sheet (1131K)
20) 07-157 Vacation 07003 - Vacating the east-west alley
and a portion of the north-south alley between
9th Street and 10th Street south of South
Street. (Related Items: 07R-206, 07-156, 07-157)
Fact Sheet (1020K)
21) 07-158 Amending Section 6.08.060 License Fee to increase
fees for licensing dogs effective January 1, 2008.
Fact Sheet (119K)
22) 07-159 Amending Section 6.12.120 License Fee to increase
fees for licensing cats effective January 1, 2008.
Fact Sheet (120K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 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) (ADOPTED, 6-0; A-84577)
Attachment (10K)
24) 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) (PASSED, 6-0; #19004)
Fact Sheet (460K)
25) 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. (PASSED, 6-0; #19005)
Fact Sheet (705K)
26) 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. (AMENDMENT #1 ADOPTED,
6-0; PASSED AS AMENDED, 6-0; #19006)
Fact Sheet (467K)
27) 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. (AMENDMENT #1
ADOPTED, 6-0; AMENDMENT #2 ADOPTED, 6-0; PASSED
AS AMENDED, 6-0; #19007)
Fact Sheet (80K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
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. (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 15, 2007, AT 1:30 P.M.
(APPROVED, 6-0)
39) 07R-207 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.
Fact Sheet (13K)
Attachment (18K)
40) 07R-205 Special Permit 07004 - Appeal of Mike and
Kitra Deger to the conditional approval of
the request of Verizon Wireless to construct
a 158' tall monopole for personal wireless
facilities on property generally located at
140th and O Streets.
Fact Sheet (1305K)
41) 07R-208 Approving an Agreement between the City of
Lincoln and the Nebraska Department of Health
and Human Services for the 2007-2009 Minority
Health Initiative Project.
Fact Sheet (63K)
Attachment (339K)
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 6:15 P.M.
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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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