City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 18, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF JULY 2ND DUE TO HOLIDAY
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of John McMillan for DHABS LLC
dba Barrymore's at 124 N. 13th Street.
(ADOPTED 7-0; A-84408)
2) Manager application of Scott S. Hatfield for Rhino
Dynamics Inc. dba Duffy's Tavern at 1406-1412 O
Street. (ADOPTED 7-0; A-84409)
3) Application of Super Target Liquor of Nebraska,
Inc. dba Target Store T-2303 for a Class DK liquor
license at 8201 S. 40th Street.
(ADOPTED 7-0; A-84410)
4) Manager application of Scott Hansen for Super
Target Liquor of Nebraska, Inc. dba Target Store
T-2303 at 8201 S. 40th Street.
(ADOPTED 7-0; A-84411)
5) Application of Alley Inc. dba The Alley to expand
it presently licensed premise to read as a one
story building 50 feet by 83 feet including an
outside beer garden area measuring approximately
16 feet by 28 feet. (ADOPTED 7-0; A-84412)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 11 HAD 2ND READING, SEE ITEM #7)
6) 07-74 Amending Title 8 of the Lincoln Municipal
Code relating to Health and Sanitation by
creating a new Chapter 8.18 entitled
"Communicable Disease Act" to define and
authorize actions related to communicable,
contagious and infectious diseases.
Fact Sheet (67K)
Attachment (12K)
7) 07-99 Amending the pay schedule for a certain
employee group by creating the classification
of Senior Public Health Nurse. (CON'T P.H.
W/ACTION TO 6/25/07, 7-0)
Fact Sheet (50K)
8) 07-95 Approving the sale of the three City owned
properties (the Triplets) located at 1425,
1437, and 1441 N. 15th Street for appraised
values or above.
Fact Sheet (74K)
9) 07-96 Approving a multi-year agreement between the
City and Midwest Golf Inc. for the sale of
advertising on tee signs at each of the
City's five golf courses.
Fact Sheet (89K)
Attachment (23K)
10) 07-98 Change of Zone 07028 - Application of Hidden
Valley Estates LLC for a change of zone from
AG Agricultural District to AGR Agricultural
Residential District on property generally
located south of S. 112th Street and Pine
Lake Road. (Related Items: 07-98, 07R-
119)
Fact Sheet (383K)
11) 07R-119 Approving the Development and Conditional Zoning
Agreement between the City and Hidden Valley
Estates LLC relating to the development of
property generally located at S. 112th Street and
Pine Lake Road. (Related Items: 07-98, 07R-119)
(Action Date: 6/25/07)
Attachment (10K)
PUBLIC HEARING - RESOLUTIONS
12) 07R-117 Approving the Comparison of Methods for Estimation
of Annual Pollutant Loads from Storm Drain
Discharge by the University of Nebraska - Lincoln
for evaluation of historic pollutant loads and of
proposed monitoring locations for a period of May
15, 2007 through December 31, 2007.
(ADOPTED, 7-0; A-84413)
Fact Sheet (58K)
Attachment (390K)
13) 07R-118 Approving the Fiscal Year 2007 Action Plan: One
Year Use of Funds for Plan for HUD Entitlement
Programs. (ADOPTED, 7-0; A-84414)
Fact Sheet (207K)
Attachment (2686K)
Anyone wishing to address an item on the Consent Agenda May Do So
At This Time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
14) Setting the hearing date of Monday, July 9, 2007
at 1:30 p.m. for the application of Playmakers,
Inc. dba Playmakers Sports Bar & Grill to add a
catering license to their Class C liquor license
at 640 W. Prospector, Suite 300.
(ADOPTED, 7-0; A-84415)
15) Setting the hearing date of Monday, July 9, 2007
at 1:30 p.m. for the application of HHMG, Inc. dba
Christo's Pub for a Class C liquor license at 1200
O Street. (ADOPTED, 7-0; A-84416)
16) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
17) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on June
4, 2007. (PLACED ON FILE)
18) Report from City Treasurer of franchise tax for
the month of April, 2007 from Aquila.
(PLACED ON FILE)
19) Report from City Treasurer of franchise tax from
Time Warner Cable for the quarter ending December
31, 2006. (PLACED ON FILE)
20) Report from City Treasurer of franchise tax from
Time Warner Cable for the quarter ending March 31,
2007. (PLACED ON FILE)
21) Report of City Treasurer of Telecommunications
Occupation Tax for the month of March 2007: D&D
Communications, Nebraska Tech. & Telecomm. Inc.,
Windstream Nebraska, Inc. Co. #150, Windstream
Systems of the Midwest, Inc. Co. #522, USCOC of
Greater Iowa, Inc., Cricket Comm., AT&T Comm. of
Midwest, New Cingular Wireless, Virgin Mobile USA,
Qwest Comm., On Star Corp., Working Assets Funding
Service Inc., Primus Telecomm., Intellicall,
Norstan Network, ATS Mobile Telephone, Advanced
Tel, Business Telecom, LDMI Telecomm., VoiceCom,
Cincinnati Bell, Telecomm. Sys. Corp. of Maryland,
Earthlink, TracFone Wireless, ACN Comm. Services,
Andiamo Telecom, Molloa Comm., Verizon Bell
Atlantic, McLeod USA, UCN Inc., Telecorp Comm.,
Accessline Comm., Trans National, Global Crossing,
Broadband Dynamics, Global Crossing Bandwidth,
Verizon Select Services, Opex Comm., Globalstar
USA, Broadwing Comm., XO Comm., Guaranteed Phone
Service, Business Prod. Solutions, Cimco Comm.,
IBM Global Services, Teleplus Wireless, TON
Services, KDDI America, Quantum Shift Comm.; April
2007: Comtel Telcom Assets, AT&T Comm. of Midwest,
Level 3 Comm., Sprint Spectrum, NPCR Inc., WWC
License LLC, Alltel Comm. of Nebr., MCI WorldCom,
D&D Comm., Network Billing, Enhanced Comm., Zone
Telecom, Tri-M Comm., GTC Telecom Corp., Acceris
Comm., SBC Long Distance, Nextel West Corp., 360
Networks, First Comm., BT Americas Inc.,
GlobalCom, NOS Comm., NOSVA Limited Partnership,
Covista, Who's Calling, USCOC of Nebraska/Kansas;
Quarter Ending March 31, 2007: Windstream
Nebraska Inc. Co. #494, Cause Based Inc.,
IDT Corp., PNG Telecomm., Aircell, Comtel
Telcom Assets, Southwest Comm., Startec
Global Operating, Reliance, Telenational, Fast
Phones of Nebr., Trinsic Communications, Inc.
(PLACED ON FILE)
-END CONSENT AGENDA -
-END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
THRU 26 HAD 1ST READING)
22) 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.
Fact Sheet (638K)
23) 07-100 Amending Chapter 8.20 of the Lincoln Municipal
Code, the Lincoln Food Code, to adopt the FDA Food
Code as the basis for the Nebraska Pure Food Act
and to be consistent with the Nebraska Pure Food
Act.
Fact Sheet (68K)
24) 07-101 Change of Zone 07029 - Application of Capital
Senior Living Properties for a change of zone from
R-3 Residential District to R-4 Residential
District and O-3 Office Park District on property
generally located at Gramercy Road and A Street.
Fact Sheet (241K)
25) 07-102 Change of Zone 07032 - Amending Title 27 of the
Lincoln Municipal Code to provide for more
flexibility of uses and building arrangements on
residential zoned lots by amending Section
27.63.580 to allow the customary services of
nonprofit religious, educational and philanthropic
institutions, excluding retail uses, to locate
within R-6, R-7, and R-8 by special permit;
amending Section 27.71.130 to allow, under
specified conditions, more than one main building
or use on a lot located in the R-5, R-6, R-7, R-8,
O-1, O-2, O-3, R-T, B-1, B-2, B-3, B-4, B-5, H-1,
H-2, H-3, H-4, I-1, I-2, or I-3 District; amending
Section 27.71.140 to reduce the minimum spacing
between two- and three-story buildings to 20 feet,
with further reduction by the Building and Safety
Department if code requirements can be met.
Fact Sheet (226K)
26) 07-103 Declaring approximately 5,697 square feet
generally located at the southwest corner of S.
27th Street and Randolph Street as surplus
property.
Fact Sheet (227K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
(SEE ITEM #31)
27) 07-87 Vacation 07002 - Vacating portions of
Prescott and Lowell Avenues and an east-west
alley in Block 30, generally located in
Prescott and Lowell Avenues between S. 49th
St. and S. 51st St. (Related Items: 07-87,
07-90) (PASSED, 7-0; #18939)
Fact Sheet (459K)
28) 07-90 Change of Zone 07019 - Application of College
View Seventh-Day Adventist Church for a
change of zone from R-4 Residential Dist. to
R-6 Residential Dist. on property generally
located at S. 49th St. and Lowell Ave.
(Related Items: 07-87, 07-90) (AMENDED, 7-0;
PASSED AS AMENDED, 7-0; #18940)
Fact Sheet (312K)
29) 07-88 Vacation 07005 - Vacating the right-of-way
for N. 61st St. north of Aylesworth Ave. at
Brownell Elementary School.
(PASSED, 7-0; #18941)
Fact Sheet (415K)
30) 07-89 Vacation 06009 - Vacating the north-south
alley between N. 65th St. and Cotner Blvd.
from Garland St. to Colby St.
(PASSED, 7-0; #18942)
Fact Sheet (188K)
31) 07-91 Change of Zone 07025 - Application of
Nebraska Nurseries for a change of zone from
R-3 Residential Dist. to B-2 Planned
Neighborhood Business Dist. on property
generally located at S. 80th St. and
Pioneers Blvd. (PLACED ON PENDING UNTIL
USE PERMIT GOES BEFORE PLANNING COMMISSION, 5-2;
SPATZ, SVOBODA DISSENTING)
Fact Sheet (259K)
32) 07-92 Change of Zone 07026 - Application of HWS
Consulting Group for a change of zone from AG
Agricultural Dist. to R-3 Residential Dist.
on property generally located at N.W. 48th
St. and W. Cuming St.
(PASSED, 7-0; #18943)
Fact Sheet (256K)
33) 07-93 Comp. Plan Conformance 07011 - Declaring
approximately 2,490 sq. ft. as surplus
property generally located at N. 42nd St. and
Cornhusker Hwy. (PASSED, 7-0; #18944)
Fact Sheet (364K)
34) 07-94 Approving an Agreement between the City and
Trinity Baptist Church for the lease of space
by the Lincoln Area Agency on Aging for its
ActivAge Center program at 3801 LaSalle St.,
for a period of June 1, 2007 through
August 31, 2007. (PASSED, 7-0; #18945)
Fact Sheet (62K)
Attachment (80K)
PENDING LIST - DATE CERTAIN
35) 07-78 Misc. 07004 - Amending Title 26 of the
Lincoln Municipal Code relating to Land
Subdivision to provide requirements and
criteria to prevent and control water
pollution from construction site discharges
and diminish adverse impacts to health,
safety, property, and the general welfare of
the citizens of the City of Lincoln by adding
new sections numbered 26.07.085, 26.07.123,
26.07.125, 26.07.137, 26.07.138, 26.07.164,
26.07.166, 26.07.167, and 26.27.168 to
provide definitions for "construction
activity," "individual site construction,"
"mini-SWPPP," "permit in conformance with
Chapter 28.01," "person," "stop work order,"
"storm drainage system," "stormwater," and
"stormwater pollution prevention plan
(SWPPP)", respectively; by amending Sections
26.11.038, 26.23.190, and 26.27.060 to
require compliance with Chapter 28.01 for
construction activity and individual site
construction; by amending Section 26.31.040
to allow enforcement action and removal
authority by the City in the event sediment
is deposited in a storm drainage system.
(Related Items: 07-78, 07-79, 07-80, 07R-
102) (6/4/07 - Con't. P.H. w/Action to
6/25/07)
Fact Sheet (481K)
36) 07-79 Change of Zone 07015 - Amending Section
27.81.010 of the Lincoln Municipal Code
relating to General Regulations of the Zoning
Code and to require compliance with Chapter
28.01, Regulations for Construction Site
Discharges, for construction activity.
(Related Items: 07-78, 07-79, 07-80,
07R-102) (6/4/07 - Con't. P.H. w/Action
to 6/25/07)
Fact Sheet (475K)
37) 07-80 Creating a new Title 28 "Stormwater Quality
and Erosion and Sediment Control" to
consolidate the erosion and sediment control
requirements in a single chapter called
"Regulations for Construction Site
Discharges" to meet all state and federal
requirements. (Related Items: 07-78,
07-79, 07-80, 07R-102) (6/4/07 - Con't.
P.H. w/Action to 6/25/07)
Fact Sheet (98K)
38) 07R-102 Misc. 07005 - Amending the City of Lincoln Design
Standards to set forth standards for construction
site stormwater discharges pursuant to the
National Pollutant Discharge Elimination system
(NPDES) under the Federal Clean Water Act and the
Nebraska Environmental Protection Act by amending
Chapter 2.05 "Stormwater Drainage Design
Standards, Section 11 "Erosion and Sediment
Control" to repeal Sections 11.1 and 11.2 and to
add new Section 11.1 setting forth the purpose and
scope of the design standards for erosion and
sediment control; to add new Section 11.2
requiring that a permit and SWPPP be submitted to
the Lower Platte South Natural Resources District
for any construction activity; to add new
Section 11.3 setting forth requirements for
Individual Site Construction; and to add new
Section 11.4 which adopts by reference Chapter 9
of the City's Drainage Criteria Manual.
(Related Items: 07-78, 07-79, 07-80, 07R-102)
(Action Date: 6/4/07) (6/4/07 - Con't. P.H.
w/Action to 6/25/07)
Fact Sheet (540K)
Attachment (17K)
39) 07R-36 Special Permit 1989A - Application of Sid Dillon
Automobile Dealership to modify the Design
Standards for parking lots to allow 20 ft. candle
lighting levels in the display areas on property
generally located at S. 27th St. & Kendra Ln.
(2/12/07 - Placed on Pending for P.H. &
Action 5/7/07) (5/7/07 - P.H. con't. to
7/23/07)
Fact Sheet (1005K)
40) 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)
Fact Sheet (1439K)
PENDING LIST (EXTENDED ONE WEEK)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 25, 2007, AT 5:30 P.M.:
(APPROVED, 7-0)
47) 07R-112 Ordering Paving Unit No. 140 constructed
in N. 36th Street between Vine and W Streets
and assessing the costs thereof against the
benefitted properties.
Fact Sheet (61K)
Attachment (75067K)
48) 07R-120 Application of the University of Nebraska Lincoln
to use the public right-of-way to place a fiber
optic line from the University of Nebraska -
Lincoln Maintenance Shops at 942 N. 22nd Street to
the Whittier Junior High Building at 2200 Vine
Street.
Fact Sheet (59K)
Attachment (1342K)
49) 07R-121 Approving an Agreement between the Lincoln-
Lancaster County Health Department and the
Social Security Administration to establish
conditions to disclose information relating to the
eligibility for and payment of Social Security
benefits and/or Supplemental Security Income and
Special Veterans Benefits.
Fact Sheet (63K)
Attachment (2095K)
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 (6/20/07) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 6/25/07.
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 JUNE ARE THE 11TH AND THE 25TH.
ADJOURNMENT 2:44 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
***