City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 9, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Playmakers, Inc. dba Playmakers
Sports Bar & Grill for the addition of a catering
license to their Class C liquor license at 640 W.
Prospector, Suite 300. (ADOPTED FOR APPROVAL, 7-0; A-84432)
2) Application of HHMG, Inc. dba Christo's Pub for a
Class C liquor license at 1200 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-84433)
3) Manager application of Scott Hoffman for HHMG,
Inc. dba Christo's Pub at 1200 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-84434)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
4) 07R-122 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 1-15,
207. (ADOPTED, 7-0; A-84435)
Fact Sheet (13K)
Attachment (16K)
5) 07R-126 Comprehensive Plan Conformance 07012 -
Adopting the South Street Redevelopment
Plan on property generally bounded by
Plum Street on the north, extending to
Rose Street between 6th and 8th Streets,
6th Street to the west, Saratoga Street
to the south and 17th Street to the east.
(ADOPTED, 7-0; A-84436)
Fact Sheet (230K)
Attachment (2446K)
Anyone wishing to address an item on the Consent Agenda May Do So
At This Time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
6) Setting the hearing date of Monday, July 23, 2007
at 1:30 p.m. for Application of Slapshotz Bar &
Grill, Inc. dba Slapshotz Bar & Grill for an
addition to premise/reconstruction of one story
building approximately 69' x 69' including a beer
garden approximately 17' x 44' located at 1245
Libra Dr., Ste. 110. (ADOPTED, 7-0; A-84437)
7) Setting the hearing date of Monday, July 23, 2007
at 1:30 p.m. for Application of Point After, Inc.
dba Point After for an addition to premise to add
an outdoor beer garden approximately 16' x 16'
located at 1011 W. Dawes Avenue.(ADOPTED, 7-0;
A-84438)
8) Setting the hearing date of Monday, July 23, 2007
at 1:30 p.m. for Manager Application of Don H.
Ehly for Hinky Dinky Lincoln #9, LLC dba Sun Mart
#738 located at 2145 S. 17th Street.
(ADOPTED, 7-0; A-84439)
9) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
10) Clerks Letter and Mayors Approval of Resolutions
and Ordinances passed by Council on June 18, 2007.
(PLACED ON FILE)
11) Clerks Letter and Mayors Approval of Resolutions
and Ordinances passed by Council on June 25, 2007.
(PLACED ON FILE)
12) Report from City Treasurer of City Cash on hand at
the close of business May 31, 2007. (PLACED ON FILE)
13) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended May, 2007.
(PLACED ON FILE)
14) Lincoln Water & WasteWater Recapitulation of Daily
Cash Receipts for June 2007. (PLACED ON FILE)
15) 07R-123 Reappointing Maggie Stine to the City Personnel
Board for a five-year term expiring June 22, 2012.
(ADOPTED, 7-0; A-84441)
16) 07R-124 Reappointing Wayne Heyen and Carol Swigart to the
Air Pollution Control Advisory Board for three-
year terms expiring November 1, 2010.
(ADOPTED, 7-0; A-84442)
17) 07R-125 Appointing Jay Snyder to the Air Pollution Control
Advisory Board to fill an unexpired three-year
term expiring November 1, 2007 and an additional
three-year term expiring November 1, 2010.
(ADOPTED, 7-0; A-84443)
Attachment (47K)
18) Assessment Resolutions for Public Works' Special
Assessment Group I, Board of Equalization meeting
to be held on Monday, July 16, 2007, at 10:00 a.m.
(Requires a Motion)(APPROVED, 7-0)
19) Affidavit of Mailing for Board of Equalization on
Public Works' Special Assessment Group I to be
held on Monday, July 16, 2007, at 10:00 a.m.
(PLACED ON FILE)
-END CONSENT AGENDA -
-END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 20 THRU 27 HAD 1ST READING)
20) 07-104 Approving a lease agreement between the City and
Mueller/Bigert Rentals for the lease of space by
the Lincoln Area Agency on Aging for its Lincoln
Information for the Elderly (LIFE) Program at 137
N. 8th Street, Geneva, Nebraska.
Fact Sheet (69K)
Attachment (72K)
21) 07-105 Approving a lease agreement between the City and
the Polk Senior Center for the lease of space by
the Lincoln Area Agency on Aging for its Lincoln
Information for the Elderly (LIFE) Program at 330
N. State Street, Osceola, Nebraska.
Fact Sheet (71K)
Attachment (74K)
22) 07-106 Change of Zone 07031 - Amending Section 27.63.470
of the Lincoln Municipal Code to add motels and
hotels and the sale of alcohol for uses that meet
the conditions of Sections 27.63.680 and 27.63.685
as uses approved by special permit within a
planned service commercial development.
(Related Items: 07-106, 07-107, 07R-129)
Fact Sheet (91K)
23) 07-107 Change of Zone 07030 - Application of Thomas
Folsom and Donald and Susan Brouse for a change of
zone from R-4 Residential District and O-3 Office
Park District to H-4 General Commercial District
on property generally located at S. 27th Street
and Tamarin Ridge Road. (Related Items: 07-106,
07-107, 07R-129)
Fact Sheet (241K)
24) 07R-129 Special Permit 07015 - Application of Thomas
Folsom and Donald and Susan Brouse for a Planned
Service Commercial use including a hotel with
meeting room space and a restaurant, on property
generally located at S. 27th Street and Tamarin
Ridge Road with variances of height and yard
requirements. (Related Items: 07-106, 07-107,
07R-129) (Action Date: 7/23/07)
Fact Sheet (1671K)
25) 07-108 Change of Zone 07033 - Amending Title 27 of the
Lincoln Municipal Code to allow joint parking
lots and parking garages as a permitted
conditional use in the O-3, R-T, B-2, B-5, and I-3
zoning districts subject to conditions.
(Related Items: 07-108, 07R-130)
Fact Sheet (155K)
26) 07R-130 Use Permit/Special Permit 19A - Application of
70th Street Properties to adjust the side yard
setback to zero feet for parking at the Lincoln
Surgical Center generally located at 1710 S. 70th
Street. (Related Items: 07-108, 07R-130)
(Action Date: 7/2307)
Fact Sheet (415K)
27) 07-109 Change of Zone 07035 - Amending Section 27.35.070
of the Lincoln Municipal Code relating to Height
and Area Regulations in the B-4 Lincoln Center
Business District to reduce the front, side and
rear yards to 0 and to amend the related tables to
reflect said changes.
Fact Sheet (107K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 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. (PASSED, 7-0; #18955)
Fact Sheet (68K)
29) 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.
(PASSED, 7-0; #18956)
Fact Sheet (241K)
30) 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.
(PASSED, 7-0; #18957)
Fact Sheet (226K)
31) 07-103 Declaring approximately 5,697 square feet
generally located at the southwest corner of S.
27th Street and Randolph Street as surplus
property. (AMENDED, 6-1; MARVIN DISSENTING;
AMENDMENT #1, 7-0; LOST AS AMENDED, 3-4; ESCHLIMAN,
SPATZ, SVOBODA ASSENTING; #38-4556)
Fact Sheet (227K)
PENDING LIST - DATE CERTAIN
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 06-209 Approving a transfer of appropriations and cash
(where appropriate)between projects within several
Part B 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)
39) 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)
40) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 16, 2007, AT 1:30 P.M.:
APPROVED, 7-0)
41) 07R-131 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 16 - 30,
2007.
Fact Sheet (13K)
Attachment (16K)
42) 07R-127 Adopting the LES Rate Standards as recommended by
the LES Administrative Board.
Fact Sheet (70K)
Attachment (1277K)
43) 07R-128 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 Harris Overpass Reconstruction,
City Project 701781.
Fact Sheet (61K)
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 THURSDAY (7/5/07) PRIOR TO THE NEXT
FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 7/9/07. (The policy on
"Register to Speak" on the Wednesday prior to the Monday
meeting has been suspended due to the July 4 holiday)
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 JULY ARE THE 9TH AND THE 30TH.
ADJOURNMENT 2:30 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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