City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 19, 2007 AT 5:30 P.M.
During the month of November there will be 2 Council meetings:
November 5th at 1:30 p.m. and November 19th at 5:30 p.m.
Both meetings will have Open Microphone & Register to Speak Sessions.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Jeremy D. Boyer for Bruno
Enterprises Too dba Buffalo Wild Wings at 7301
S. 27th Street and 1328 P Street. (MOTION FOR
APPROVAL, LOST, 3-4; CAMP, EMERY, MARVIN ASSENTING;
ADOPTED FOR DENIAL, 5-2; EMERY, MARVIN DISSENTING;
A-84617)
2) Application of Vesta Lincoln Partners LLC dba
Holiday Inn for a Class "CK" liquor license at
141 N. 9th Street. (ADOPTED FOR APPROVAL, 7-0;
A-84618)
3) Manager application of Dennis L. Havranek for
Vesta Lincoln Partners LLC dba Holiday Inn at
141 N. 9th Street. (ADOPTED FOR APPROVAL, 7-0;
A-84619)
4) Application of BAM Partnership dba The Spigot
for a Class "C" liquor license at 1624 O Street.
(ADOPTED FOR APPROVAL, 6-1; A-84620)
5) Application of Rogelio Arias dba Super Taco for
a Class "IK" liquor license at 5501 Holdrege
Street. (ADOPTED FOR APPROVAL, 7-0; A-84621)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 12 HAD 2ND READING, SEE ITEMS 9 THRU 12)
6) 07-169 Change of Zone 07054HP - Application of Gamma
Phi Beta House Corporation of Gamma Phi Beta
Sorority, to designate the property at 415 N.
16th Street as a historic landmark.
Fact Sheet (680K)
7) 07-170 Change of Zone 07056 - Application of John and
Andrea Schleich for a change of zone from AGR
Agricultural Residential District to R-3
Residential District on approximately 4.95 acres
of property generally located at Ashbrook Drive
and Highway 2. (Related Items: 07-170,
07R-227)
Fact Sheet (271K)
8) 07R-227 Special Permit 1992A - Application of John and
Andrea Schleich to amend the Edenton Woods 1st
Community Unit Plan to allow an additional 33
dwelling units and to waive the maximum block
length and to allow roll-over curbs, on property
generally located at Ashbrook Drive and Highway
2. (Related Items: 07-170, 07R-227) (Action
Date: 12/3/07)
Fact Sheet (1070K)
9) 07R-228 Comp. Plan Conformity 06001 - Amending the
Antelope Valley Redevelopment Plan to add a
housing project to provide new rental housing
for low income and low income seriously mentally
ill people, and new single family homes for low
and moderate income people, on property
generally bounded on the west by Hayward Park,
on the north the Salt Creek channel, on the east
by N. 10th Street, and on the south by the east-
west alley north of Claremont Street.
(Related Items: 07R-228, 07-171, 07-172,
07R-229) (Action Date: 12/3/07) (Request to
have Action on 11/19/07) (COUNCIL VOTED TO AMEND
THEIR SCHEDULE TO HOLD A MEETING ON 11/26/07 AT
1:30 P.M. TO HAVE ACTION ONLY ON THIS ITEM, 6-1;
COOK DISSENTING)
Fact Sheet (1829K)
Attachment (583K)
10) 07-171 Comp. Plan Conformance 07022 - Declaring
approximately 6.02 acres of property generally
located at N. 10th Street and Military Road, as
surplus property. (Related Items: 07R-228,
07-171, 07-172, 07R-229) (Request to have
2nd & 3rd Readings w/Action on 11/19/07)
(COUNCIL VOTED TO AMEND THEIR SCHEDULE TO HOLD
A MEETING ON 11/26/07 AT 1:30 P.M. TO HAVE ACTION
ONLY ON THIS ITEM, 6-1; COOK DISSENTING)
Fact Sheet (698K)
11) 07-172 Change of Zone 07055 - Application of Hoppe Inc.
for a change of zone from P Public Use District
to R-4 Residential District on approximately
6.18 acres of property generally located at
N. 10th Street and Military Road. (Related
Items: 07R-228, 07-171, 07-172, 07R-229)
(Request to have 2nd & 3rd Readings w/Action
on 11/19/07) (COUNCIL VOTED TO AMEND THEIR
SCHEDULE TO HOLD A MEETING ON 11/26/07 AT 1:30 P.M.
TO HAVE ACTION ONLY ON THIS ITEM, 6-1; COOK DISSENTING)
Fact Sheet (341K)
12) 07R-229 Special Permit 07047 - Application of Hoppe,
Inc. to develop the 10th and Military Community
Unit Plan for 61 multi-family units and 10
single-family attached units, with requested
waivers of the required screening, reduction in
parking, reduction in the front yard setback,
stormwater detention, spacing of local streets
to major streets, and minimum elevation of
streets in a floodplain, on approximately 6.18
acres generally located at N. 10th Street and
Military Road. (Related Items: 07R-228,
07-171, 07-172, 07R-229) (Action Date: 12/3/07)
(Request to have Action on 11/19/07) (COUNCIL VOTED
TO AMEND THEIR SCHEDULE TO HOLD A MEETING ON 11/26/07
AT 1:30 P.M. TO HAVE ACTION ONLY ON THIS ITEM, 6-1;
COOK DISSENTING)
Fact Sheet (884K)
PUBLIC HEARING - RESOLUTIONS
13) 07R-224 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16 -
31, 2007. (ADOPTED, 7-0; A-84622)
Fact Sheet (13K)
Attachment (16K)
14) 07R-225 Hearing on the Lincoln Electric System Annual
Budget for 2008. (Action Date: 12/3/07)
Fact Sheet (54K)
15) 07R-226 Use Permit 04005A - Application of RLM, LLC to
amend Use Permit No. 04005 to reduce the side
yard setback from 7.5 feet to 5 feet for Lots 1
- 17, Block 1, and Lots 1 - 13, Block 2; to
reduce the rear yard setback from 30 feet to 25
feet on Lots 1 - 17, Block 1; and to reduce the
rear yard setback from 30 feet to 20 feet for
Lots 1 - 13, Block 2, on property generally
located at N.W. 1st Street and Barons Road.
(ADOPTED, 7-0; A-84623)
Fact Sheet (429K)
Anyone wishing to address an item on the Consent Agenda may
do so at this time
-CONSENT AGENDA-
PETITIONS & COMMUNICATIONS
16) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING DEPARTMENT:
Change of Zone No. 3134C - App. of Rega
Engineering for an amendment to the Willow
Springs Planned Unit Development to expand
Medical Office space from 18,000 sq. ft. to
22,500 sq. ft. on property generally located at
Lucille Dr. and Pioneers Blvd.
Change of Zone No. 04075A - App. of
Village Gardens Development Company, LLC for an
amendment to the Village Gardens Planned Unit
Development to revise the internal zoning
district boundary line between the B-3 PUD area
and the R-3 PUD area, to specify that all
signage in the underlying B-3 district is
governed by the B-3 signage regulations instead
of the PUD signage regulations, and to allow a
center identification ground sign at the main
arterial entrance to the B-3 zoned area on
property generally located at S. 56th
Street and Pine Lake Rd.
Change of Zone No. 07057 - App. of Dial-
Salt Creek Limited Partnership amending Title 27
of the Lincoln Municipal Code by amending
various sections relating to Height and Area
Regulations in the B-2 Planned Neighborhood
Business District, B-5 Planned Regional Business
District, H-1 Interstate Commercial District,
H-2 Highway Business District, H-3 Highway
Commercial District, and H-4 General Commercial
District.
17) Setting the hearing date of Monday, December 3,
2007 at 1:30 p.m. for the Application of Tokyo
Steakhouse, Inc. dba Tokyo Steakhouse for a
Class I liquor license located at 4200 S.
27th St., Suite 100. (ADOPTED, 7-0; A-84624)
18) Setting the hearing date of Monday, December 3,
2007 at 1:30 p.m. for the Application of Saleoff
Enterprises, Inc. dba Saleoff for a Class D
liquor license located at 1930 West O Street.
(ADOPTED, 7-0; A-84625)
19) Setting the hearing date of Monday, December 3,
2007 at 1:30 p.m. for the Manager Application of
Angela R. Tucci for the following locations:
Lazlo Inc. dba Empyrean Brewing/Lazlo's located
at 700-710 Q St. & 210 N. 7th St.; Lazlo Inc. dba
Empyrean Lazlo's Brewery & Grill located at 5900
Old Cheney Road; and Lazlo, Inc. dba Fireworks
Restaurant located at 5750 S. 86th Drive.
(ADOPTED, 7-0; A-84626)
20) Setting the hearing date of Monday, December 3,
2007 at 1:30 p.m. for the Manager Application of
Sandra Madsen for Inter Com Club, Inc. dba
Nebraska Club located at 2000 US Bank Bldg.,
233 S. 13th St. (ADOPTED, 7-0; A-84627)
21) Setting the hearing date of Monday, December 3,
2007 at 1:30 p.m. for the Manager Application of
Cynthia Allen for Allen Enterprises, Inc. dba
Earl's Tavern located at 5555 Superior St.
(ADOPTED, 7-0; A-84628)
22) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
23) Resolution assessing special taxes for the costs
of the improvements in the Downtown Business
Improvement District, the Core Business
Improvement District Overlay, and the Downtown
Maintenance District. (ADOPTED, 7-0; A-84629)
24) Approving the City of Lincoln's Investment
Activity Report from the City Treasurer for the
Fiscal Year 2006-2007. (ADOPTED, 7-0; A-84630)
25) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for October, 2007.
(PLACED ON FILE)
26) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on November 5, 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) 07-167 Approving a lease agreement between the City and
Robert and Janette Fiala for the lease of space
by the Lincoln Area Agency on Aging for its
Lincoln Information for the Elderly (LIFE)
Program at 370 Fifth Street, David City,
Nebraska. (PASSED, 7-0; #19019)
Fact Sheet (71K)
Attachment (89K)
28) 07-168 Amending Chapter 2.81 of the Lincoln Municipal
Code relating to the Lincoln Living Wage
Ordinance to add a definition for "nonprofit
organization" and to exempt nonprofit
organizations from the application of the
ordinance. (PASSED, 4-3; COOK, EMERY, MARVIN
DISSENTING; #19020)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED TWO WEEKS)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 3, 2007, AT 1:30 P.M.
(APPROVED, 7-0)
38) 07R-236 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 1 -
15, 2007.
Fact Sheet (13K)
Attachment (16K)
39) 07R-230 Reappointing Amy Tiemann-Tipton, David McBride
and Sharon Wherry to the Auditorium Advisory
Board for terms expiring August 31, 2013.
40) 07R-231 Appointing Michael W. Stroup to the Auditorium
Advisory Board to fill an unexpired term
expiring August 31, 2013.
Attachment (30K)
41) 07R-232 Approving an Interlocal Agreement between
Lincoln Public Schools and the City of Lincoln
for shared space at the new Arnold Elementary
School gymnasium and ballfields to accommodate a
future City Recreation Center and adult
activities.
Attachment (221K)
42) 07R-233 Approving the Sub-Grant Award Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln regarding the 2006 Metropolitan
Medical Response System for the Lincoln-
Lancaster County Health Department in the amount
of $232,330.00 for the award period of 8/30/06
through 8/30/08.
Fact Sheet (63K)
Attachment (495K)
43) 07R-234 Approving the Sub-Grant Award Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln regarding the 2007 Metropolitan
Medical Response System for the Lincoln-
Lancaster County Health Department in the amount
of $258,145.00 for the award period of 10/12/07
through 6/30/10.
Fact Sheet (107K)
Attachment (374K)
44) 07R-235 A resolution revoking Special Permit 1135C as
adopted by Resolution No. A-79989 which amended
the Flint Ridge 2nd CUP to add 10 dwelling units
fronting on private roadways on property
generally located at South 66th Street and South
Street for the reason that Permittee has failed
to comply with the requirement that Lots 7 and
8, Block 4, of the CUP be connected to and
served by the private sanitary sewer and to have
access to the private roadway.
45) 07R-238 Declaring the official intent of the City to
reimburse certain expenses in connection with
the acquisition, purchase and installation of
light poles from the proceeds of City of Lincoln
Certificates of Participation.
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 (11/14/07) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 11/19/07.
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 NOVEMBER
ARE THE 5TH AND THE 19TH.
ADJOURNMENT 12:26 A.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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