City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 15, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Carmela's Bistro and Wine Bar LLC
dba Carmela's Bistro and Wine Bar for a Class C
liquor license at 4141 Pioneer Woods Drive,
Suite 110. (ADOPTED FOR APPROVAL, 6-0; A-84578)
2) Manager application of Marci Ranae Davison for
Carmela's Bistro and Wine Bar LLC dba Carmela's
Bistro and Wine Bar at 4141 Pioneer Woods Drive,
Suite 110. (ADOPTED FOR APPROVAL, 6-0; A-84579)
3) Application of GJR, LLC dba Randy's Grill &
Chill for the additional of a liquor catering
license to its Class C liquor license at 4947
Holdrege Street.(ADOPTED FOR APPROVAL, 6-0;
A-84580)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 4 THRU 8 HAD 2ND READING)
4) 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)
5) 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)
6) 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)
7) 07-158 Amending Section 6.08.060 License Fee to
increase fees for licensing dogs effective
January 1, 2008.
Fact Sheet (119K)
8) 07-159 Amending Section 6.12.120 License Fee to
increase fees for licensing cats effective
January 1, 2008.
Fact Sheet (120K)
PUBLIC HEARING - RESOLUTIONS
9) 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. (ADOPTED, 6-0; A-84581)
Fact Sheet (13K)
Attachment (18K)
10) 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.(ADOPTED, 6-0; A-84582)
Fact Sheet (1305K)
11) 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.(ADOPTED, 6-0; A-84583)
Fact Sheet (63K)
Attachment (339K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
12) THE FOLLOWING WERE REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 07054HP - App. of Gamma Phi
Beta Building Association to designate a
historic landmark known as Gamma Phi Beta
Sorority house on property located at 415 N.
16th Street.
Change of Zone 07055 - App. of Hoppe, Inc.
from P Public Use District to R-4 Residential
District on property located at 1635 N.
10th Street and Military Road.
Change of Zone 07056 - App. of John and
Andrea Schleich from AGR to R-3 on property
located at Ashbrook Drive and Northshore Drive.
Special Permit 1989B - App. of Thomas L.
Folsom, Susan Brouse and Don Brouse for Planned
Service Commercial on property located at S.
27th Street and Kendra Lane.
Special Permit 1992A - App. of John and
Andrea Schleich for an amendment to the Edenton
Woods Community Unit Plan to add approximately
33 dwelling units with requests to waive block
length and to rollover curves on property
located at Ashbrook Drive & Northshore Drive.
Special Permit 07047 - App. of Hoppe, Inc.
for approximately 73 dwelling units, with
requests to waive screening along the limits of
community unit plan, reduction in parking,
reduce front yard setback, stormwater detention,
spacing of local streets to major streets and
minimum elevation of streets in a floodplain on
property located at 1635 North 10th Street and
Military Road.
13) Setting the Hearing Date of Monday, October 29,
2007 at 5:30 p.m. for the Application of L & M
Foods, Inc. dba Sam & Louie's for a Class I
liquor license located at 1501 Pine Lake Road,
Ste. 9 & 10.(ADOPTED, 6-0; A-84584)
14) MISCELLANEOUS REFERRALS
Clerk's Letter and Mayors Approval of Ordinances
and Resolutions passed by Council on October 8, 2007.
(PLACED ON FILE)
Setting the Hearing Date of Monday, October 29, 2007
at 5:30 p.m. for Application of Crabby Bill's Seafood Shack,
Inc. dba Crabby Bill's Seafood Shack for a sidewalk café
approximately 20' x 18' located at 803 Q Street.
(ADOPTED, 6-0; A-84585)
REPORTS OF CITY OFFICERS
15) Clerks Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on October 1,
2007. (PLACED ON FILE)
16) Lincoln Water & WasteWater System recapitulation
of daily cash receipts for September 2007.
(PLACED ON FILE)
17) Report from City Treasurer of Telecommunications
Occupation Tax for the month of March 2006 thru
Sept. 2007: Association Administrators, Inc.;
January 2007 thru June 2007: Matrix Telecom.;
Jun 2007: UCN, Inc.; July 2007: Telecorp Comm.,
Broadband Dynamics, Verizon-Verizon Select,
Flying J Comm., Cimco, IBM Global, Business
Products Solutions, Teleplus Wireless, Quantum
Shift, KDDI America, USCOC of Nebraska/Kansas,
ACN Comm., Intellical Operator, Global Star USA,
Network Billing, Movioc, Broadwing, OnStar,
Qwest, Verizon-Bell Atalntic, UCN, Primus,
Working Assets, Virgin Mobile USA, Global
Crossing, McLeod USA, Trans National, Guaranteed
Phone, Cincinnati Bell Any Distance, Andiamo, XO
Comm., Voice Com, Global Crossing Bandwidth,
TracFone, LDMI, Advanced Tel, EarthLink, AT&T
Comm. of Midwest, New Cingular, USCOC of Greater
Iowa, Cricket; August 2007: ATS Mobile, Covista,
NOS, Frontier Comm. of America, Affinity
Network, BT Americas, Business Telecom., Alltel
Comm. of Nebraska, Windstream Nebraska, Norstan
Network, Nextel West, Lightyear Network, GTC,
Enhanced, Globalcom, Zone Telecom, Tri-M,
Acceris, SBC Long Distance, First Comm.,
360networks, NOSVA, Sprint Spectrum, Sprint
Comm. Company, One Verizon Way, Alltel, D&D,
Nextel, Windstream Systems of the Midwest.
(PLACED ON FILE)
18) Setting the hearing date of Monday, November 5,
2007, at 1:30 p.m. for the Board of Equalization
to equalize the assessments on the Downtown
Business Improvement District, Downtown
Maintenance District & Core Business Improvement
District Overlay. (APPROVED, 6-0)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
19) 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)
PENDING LIST (EXTENDED ONE WEEK)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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 22, 2007, AT 1:30 P.M.
(APPROVED, 6-0)
31) 07R-209 Authorizing the Mayor to execute a multi-year
a multi-year contract per City Ordinance when
when funding appropriations comes from more
than one fiscal year CIP for the water project
that provides for construction of the Greenwood to
Lincoln Transmission Main for the Lincoln Water
System.
Fact Sheet (59K)
32) 07R-210 Amending the City's resolution on local
government miscellaneous expenditures regarding
the Mayor's Award of Excellence, including
changes to the eligibility definition, the
website address, the nomination procedure and
nomination criteria, and clarification of team
winners for monthly and annual awards.
Fact Sheet (52K)
33) 07R-212 Reappointing Michael Donnelly to the Police and
Fire Pension Plan Investment Board for a five-
year term expiring September 1, 2012.
34) 07R-213 Reappointing Brennan Miller to the Parks and
Recreation Advisory Board for a one-year term
expiring June 1, 2008.
35) 07R-214 Appointing Barbara J. Walkowiak to the Parks and
Recreation Advisory board for a one-year term
expiring June 1, 2008.
36) 07R-215 Approving the appointment of David Landis as the
Urban Development Director.
37) 07R-216 Approving the appointment of Niles Ford as the
Director of the Fire and Rescue
Department.
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 (10/24/07) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION
WHICH IS 10/29/07.
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 2:55 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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