City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 16, 2007 AT 1:30 P.M.
PLEASE NOTE: THE AUGUST 6, 2007 CITY COUNCIL MEETING IS SCHEDULED FOR
2:30 P.M. - 10:30 P.M. FOR PUBLIC HEARING ON THE 2007-08 BUDGET & THE CIP.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE - CYNTHIA KOENIG-WARNKE, LINCOLN POLICE DEPARTMENT TECHNICAL
INVESTIGATIONS DIVISION, IN THE CATEGORY OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Deborah A. Roberts for
Buggy Bath West LLC dba Buggy Bath Car Wash - West,
at 1502 West O Street. (ADOPTED FOR APPROVAL, 7-0;
A-84444)
2) Application of Ramos Pizza Inc. dba Ramos Pizza
Pub Buster's BBQ to expand its licensed premises
by an outside area measuring approximately 8 ft. x
20 ft. for a total area to read as: a one story
building approximately 30 ft. x 75 ft. including
irregular shaped beer garden approximately 56 ft.
(ADOPTED FOR APPROVAL, 7-0; A-84445)
3) Application of Rhinodynamics, Inc. dba Duffy's
Tavern to expand its licensed premises by an
outside L-shaped area measuring approximately 26
ft. x 40 ft. at 1406 - 1412 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-84446)
4) Application of CB Holdings Inc. dba Sharkwater
Lounge for a Class C liquor license at 140 N. 12th
Street. (AMENDED, 7-0; ADOPTED FOR APPROVAL, 7-0;
A-84447)
5) Manager application of Kolby Wood for CB Holdings
Inc. dba Sharkwater Lounge at 140 N. 12th Street.
(AMENDED, 7-0; ADOPTED FOR APPROVAL, 7-0;A-84448)
6) Application of Europe Coffee Inc. dba Europe
Coffee for a Class I liquor license at 1819 O
Street. (ADOPTED FOR DENIAL, 7-0; A-84449)
7) Manager application of Ermina Osmanovic for Europe
Coffee Inc. dba Europe Coffee at 1819 O Street.
(ADOPTED FOR DENIAL, 7-0; A-84450)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 8 THRU 15 HAD 2ND READING)
8) 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)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
PUBLIC HEARING - RESOLUTIONS
16) 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. (ADOPTED, 7-0; A-84451)
Fact Sheet (13K)
Attachment (16K)
17) 07R-127 Adopting the LES Rate Standards as recommended by
the LES Administrative Board.
(ADOPTED, 7-0; A-84452)
Fact Sheet (70K)
Attachment (1277K)
18) 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.(AMENDED, 7-0; ADOPTED 7-0;
(A-84453)
Fact Sheet (61K)
Anyone wishing to address an item on the Consent Agenda
may do so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
19) THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE
PLANNING DEPT.:
Change of Zone 07037 - App. of Mark
Hunzeker amending Title 27 of the Lincoln
Municipal Code relating to the Zoning Code by
adding a new section to define the term "social
hall"; by adding a new section to allow social
halls as permitted conditional uses in the B-1, B-
2, B-3, B-5, H-2, H-3, H-4 and H-1 zoning
districts respectively; amending code t allow
social halls that do not meet the requirements for
a conditional use to be allowed in the B-1, B-2,
B-3, B-5, H-1, H-2, H-3 and H-4 zoning districts
by special permit; by adding a new section
numbered 27.63.800 to provide a permitted special
use for social halls; by amending Section
27.67.040 to add social halls to the list of uses
with special parking requirements; and repealing
Sections 27.29.030, 27.29.040, 27.31.040,
27.31.050, 27.33.030, 27.33.050, 27.37.025,
27.37.030, 27.39.030, 27.41.030, 27.41.040,
27.43.030, 27.43.040, 27.45.025, 27.45.030,
27.67.040, and Figure 27.67.040 of the Lincoln
Municipal Code.
Special Permit 1629G - App. of Marlene
Stroup to allow an indoor kennel on property
located at S. 27th Street and Pine Lake
Road (2801 Pine Lake Road).
Special Permit 07021 - App. of Mike Adams
for expansion of a nonstandard dwelling on
property located at S. 26th Street and
High Street (2620 High Street).
Special Permit 07022 - App. of Fernando
Ostiguin for expansion of a nonstandard dwelling
on property located at S. 4th Street and
C Street (404 C Street).
Special Permit 07023 - App. of Mike Knapp
for a scrap processing, salvage yard, on property
located east of N. 57th Street and
Cornhusker Highway.
Reconsideration of Use Permit 106B - App.
of One Vista, LLC to consider a request to adjust
the front yard on property in Talent Plus Addition
located at S. 67th Street and Pioneers
Boulevard.
20) Setting the Hearing Date of Monday, July 30, 2007
at 5:30 p.m. for Manager Application of Thomas E.
Madsen for Madsen Bowling & Billiard dba Madsen's
Bowling & Billiard Center located at 1316 N.
47th Street. (ADOPTED, 7-0; 84454)
21) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
22) Report from City Treasurer of Franchise tax for
the month of May, 2007 from Aquila. (PLACED ON
FILE)
23) Report from City Treasurer of E911 Surcharge for
the month of January 2007 through March 2007:
Time Warner Cable ; May 2007: Level 3
Communications, LLC. , AT&T Comm. of Midwest,
Comtel Telcom Assets LP. (PLACED ON FILE)
24) Report from City Treasurer of Telecommunication
Occupation Tax for the month of April 2007:
TWC Info, New Cingular Wireless, AT&T Comm. of
Midwest, USCOC of Greater Iowa, Cricket Comm.,
Sprint, Windstream Nebraska, Windstream Systems of
the Midwest, Nebraska Technology & Telecomm.
Qwest, Virgin Mobile USA, McLeodUSA, Tans Nat'l,
Broadwing ACN Comm., Verizon Select, Flying J,
Affinity Network, Lightyear, ATS, Guaranteed
Phone, Working Assets, Who's Calling, UCN, Global
Crossing, OnStar, Global Crossing Bandwidth, USCOC
of NE/KS, Primus, Movida, Intellical Operator,
Telecorp, Verizon Bell Atlantic, GlobalStar USA,
LDMI, Liberty Wireless, Business Prod. Solutions,
CIMCO, IBM Global, KDDI America, Quantum Shift, XO
Comm., VoiceCom, Cincinnati Bell Any Distance,
Telecomm. Systems of Maryland, Earthlink,
TracFone, ATI, Adniamo; May 2007: D&D
Comm.,Alltel, Alltel Comm. of Nebraska, TWC Info, MCI
WorldCom, Sprint Comm., Nextel Partners, TWC
Digital Phone, Sprint Spectrum, Windstream Systems
of the Midwest, Windstream or Nebraska, GlobalCom,
GTC Telecom., Lightyear, Zone Telecom, Enhanced,
Tri-M, Acceris, SBC Long Distance, NOS Comm.,
First Comm., Affinity Network, Nextel West, ATS
Mobile, 360Onetworks (USA), NOSVA Limited
Partnership, BT Americas, Covista. (PLACED ON
FILE)
-END CONSENT AGENDA -
-END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 25 HAD 1ST READING)
25) 07-110 Approving a Lease Agreement between Lincoln
Medical Education Partnership and the City of
Lincoln for a three-year lease of space for the
Lincoln-Lancaster County Health Department WIC
Program at 4500 Valley Road.
Fact Sheet (120K)
Attachment (319K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
26) 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)
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)
Fact Sheet (1439K)
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 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)
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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 23, 2007, AT 1:30 P.M.:
(APPROVED, 7-0)
35) 07R-132 Approving a labor contract between the City of
Lincoln and the Lincoln "M" Class Employees
Association.
Fact Sheet (88K)
Attachment (803K)
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 (7/25/07) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 7/30/07.
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 JULY ARE THE 9TH AND THE 30TH.
ADJOURNMENT 4:09 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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