City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, AUGUST 27, 2007 AT 5:30 P.M.
THERE WILL BE NO CITY COUNCIL MEETING THE WEEK OF
SEPTEMBER 3RD DUE TO HOLIDAY
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of GSCS, Inc. dba The Pit Crew for a
Class C liquor license at 3223 Cornhusker Highway.
(ADOPTED FOR APPROVAL,7-0;A-84492)
2) Manager application of Eric Fortune for GSCS, Inc.
dba The Pit Crew at 3223 Cornhusker Highway.
(ADOPTED FOR APPROVAL, 7-0; A-84493)
3) Application of Lincoln Holdings Ltd. dba Marz Bar
for a Class C liquor license at 1140 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-84494)
4) Manager application of Nader Sepahpur for Lincoln
Holdings Ltd. dba Marz Bar at 1140 O Street.
(ADOPTED FOR APPROVAL, 7-0;A-84495)
5) Application of Deva, Inc. dba Grisanti's for a
Class I liquor license at 6820 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-84496)
6) Manager application of Demetris Kotsalis for Deva,
Inc. dba Grisanti's at 6820 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-84497)
7) Application of 55Degrees, Inc. dba Bread & Cup for
a special designated license covering an outdoor
area measuring 122' by 15' immediately adjacent to
its licensed premises located at 440 N. 8th Street
on September 1, 15, 22, 29; October 13, 20;
November 10, 2007 from 8:00 a.m. to 1:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-84498)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 8 THRU 12 HAD 2ND READING.)
8) 07-132 Vacation 05008 - Vacating Pine Lake Road between
Westshore Drive and Eastshore Drive.
Fact Sheet (1252K)
9) 07-133 Approving an Agreement between the City and St.
James United Methodist Church for the lease of
space by the Lincoln Area Agency on Aging for its
ActivAge Center program at 2400 S. 11th Street for
a period of September 1, 2007 through August 31,
2008.
Fact Sheet (76K)
Attachment (82K)
10) 07-134 Approving an Amendment to Lease Agreement, the
Gold's Building, between the City of Lincoln and
Security National Properties Funding, LLC, to
strike paragraph 9, Subrogation, from the Lease.
Attachment (1087K)
11) 07-135 Approving a sublease agreement between the City of
Lincoln and the State of Nebraska Department of
Labor to sublease 6,568 sq. ft. of office space in
the One Stop Career Center at the Gold's Building
for a term of January 1, 2007 to December 31,
2011.
Attachment (1359K)
12) 07-136 Approving a sublease agreement between the City of
Lincoln and the State of Nebraska Department of
Education, Vocational Rehabilitation Services to
sublease 154 sq. ft. of office space in the One
Stop Career Center at the Gold's Building for a
term of January 1, 2007 to December 31, 2009.
Attachment (1345K)
PUBLIC HEARING - RESOLUTIONS
13) 07R-158 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 1 - 15,
2007.
Fact Sheet (13K)
Attachment (15K)
(ADOPTED, 7-0; A-84499)
14) 07R-159 Approving the 2007 - 08 Work Plan for the
Interlocal Agreement on Stormwater Management
between the City and Lower Platte South Natural
Resources District regarding stormwater quality
and quantity issues.
Fact Sheet (57K)
Attachment (213K)
(ADOPTED, 7-0; A-84500)
15) 07R-160 Appeal from the Planning Commission approval of
Special Permit 07026 for authority to construct a
31 unit domiciliary care facility for 33 residents
on approximately 1.84 acres generally located at
S. 25th Street and Old Cheney Road. (Request to
hold P.H. on 9/10/07) (8/20/07 - P.H. to be
held on 8/27/07 w/con't P.H. & Action on 9/10/07)
(PUBLIC HEARING CONTINUED TO 9/10/07 W/ACTION)
Fact Sheet (4304K)
Fact Sheet (-0K)
Anyone wishing to address an item on the Consent Agenda may do
so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS
16) Setting the Hearing Date of Sept. 17, 2007 at 1:30
p.m. for Application of Crabby Bill's Seafood
Shack for a Class C liquor license at 803 Q
Street. (ADOPTED, 7-0; A-84501)
17) Setting the Hearing Date of Sept. 17, 2007 at 1:30
p.m. for Application of Magnolia Restaurant, Inc. dba
Magnolia Restaurant for a Class I liquor license at
301 N. 8th Street.(ADOPTED, 7-0; A-84502)
18) Setting the Hearing Date of Sept. 17, 2007 at 1:30
p.m. for an Application of Box Awesome, LLC for an
addition of approximately 25 feet x 130 feet with
beer garden 21 feet x 11 feet on the south side of
the building at 815 O Street, Ste. 2.
(ADOPTED, 7-0; A-84503)
19) MISCELLANEOUS REFERRALS
REPORTS OF CITY OFFICERS
20) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on August 13,
2007. (PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 21 THRU 29 HAD 1ST READING)
21) 07-137 Annexation 07002 - Amending the Lincoln Corporate
Limits Map by annexing approximately 40.48 acres
of property generally located at N. 90th Street
and Leighton Ave. (Related Items: 07-137, 07-138)
Fact Sheet (274K)
22) 07-138 Change of Zone 07044 - Application of Cameron
Homes for a change of zone from AG Agricultural
District to R-4 Residential District on property
generally located at N. 90th Street and Leighton
Ave. (Related Items: 07-137, 07-138)
Fact Sheet (311K)
23) 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.
Fact Sheet (399K)
24) 07-140 Change of Zone 07041 - Application of Yasufuku
U.S.A., Inc. for a change of zone from I-2
Industrial Park District to I-1 Industrial
District on property generally located at N.W.
12th Street and W. Commerce Way.
Fact Sheet (270K)
25) 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.
Fact Sheet (40K)
26) 07-143 Amending Section 4.54.010 of the Lincoln Municipal
Code to delete the term limits for Community
Forestry Advisory Board members and deleting
provisions regarding ex-officio members.
Fact Sheet (98K)
27) 07-144 Approving an Agreement between the City and
American Legion Post #280 for the lease of space
by the Lincoln Area Agency on Aging for its
ActivAge Center program at 970 Monroe, Bennet, NE
for a period of September 1, 2007 through August
31, 2008.
Fact Sheet (60K)
Attachment (83K)
28) 07-145 Approving an Agreement between the City and Firth
Community Center for the lease of space by the
Lincoln Area Agency on Aging for its ActivAge
Center program at 311 Nemaha Street, Firth, NE for
a period of September 1, 2007 through August 31,
2008.
Fact Sheet (58K)
Attachment (82K)
29) 07-146 Approving an Agreement between the City and
Hickman Presbyterian Church for the lease of space
by the Lincoln Area Agency on Aging for its
ActivAge Center program at 300 E. Third Street,
Hickman, NE for a period of September 1, 2007
through August 31, 2008.
Fact Sheet (59K)
Attachment (134K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 07-127 Change of Zone 07038 - Application of Ron Biloff
on behalf of Harriett Biloff for a change of zone
from R-4 Residential District to O-2 Suburban
Office District on property generally located
southeast of the intersection of S. 47th Street
and Lowell Ave.
Fact Sheet (277K)
(PASSED, 7-0; #18981)
31) 07-128 Change of Zone 07040HP - Application of Havelock
Business Association for a landmark district
designation for the Havelock Avenue Landmark
District on properties from 6024 Havelock Avenue
to 6262 Havelock Avenue and from 6033 Havelock
Avenue to 6245 Havelock Avenue.
Fact Sheet (1672K)
(PASSED, 7-0; #18982)
32) 07-129 Amending Title 8 of the Lincoln Municipal Code
relating to Health and Sanitation by amending
Section 8.06.145 to increase the fee for open
burning permits; amending Section 8.08.060 to
increase permit fees for body art establishments;
amending Section 8.08.090 to increase the late fee
for body art establishment permits; amending
Section 8.08.150 to increase the initial permit
fee for a body art practitioner; amending Section
8.08.350 to increase the fee for reinstatement of
a suspended permit for body art establishments or
practitioners; amending Section 8.12.035 to
increase the initial and renewal permit fees for
small family child care homes; amending Section
8.14.037 to increase the fees related to child
care programs; amending Section 8.20.150 to
increase food establishment permit fees; amending
Section 8.20.160 to increase late fees for food
establishment permits; amending Section 8.20.170
to increase the fee for reinstating a suspended
food establishment permit; amending Section
8.24.150 to increase the permit fee for variances
to the noise control ordinance; amending Section
8.38.090 to increase the permit fee for Class A or
Class B swimming pools; amending Section 8.40.070
to increase the permit fee for space facilities;
and amending Section 8.44.070 to increase the
permit fees relating to water wells.
Fact Sheet (96K)
(PASSED, 7-0; #18983)
33) 07-130 Amending Chapter 5.41 of the Lincoln Municipal
Code relating to Salvaging, Recycling and
Composting Operations by amending Section 5.41.050
to increase permit fees; amending Section 5.41.060
to increase the occupation tax for salvage
operations and commercial composting operations;
and amending Section 5.41.070 to increase the
occupation tax late fee.
Fact Sheet (91K)
(PASSED, 7-0; #18984)
34) 07-131 Amending Title 24 of the Lincoln Municipal Code,
Plumbing and Sewers, by amending Section 24.38.070
to increase permit fees relating to on-site
wastewater treatment systems; and amending Section
24.42.110 to increase the fee for evaluation and
review of Property Transfer Inspector reports and
any necessary site visits by the Health Director.
Fact Sheet (93K)
(PASSED, 7-0; #18985)
PENDING LIST - DATE CERTAIN
35) 07R-149 Approving the appointment of Leirion Gaylor Baird
to the Lincoln-Lancaster County Planning Commission
for a six-year term expiring September 18, 2013.
(8/20/07 - P.H. w/Action con't. to 9/24/07)
Attachment (222K)
36) 07R-150 Approving the appointment of Wendy J. Francis to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring August 31, 2013.
(8/20/07 - P.H. w/Action con't. to 9/24/07)
Attachment (190K)
37) 07R-151 Approving the appointment of Robert R. Moline to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring August 31, 2013.
(8/20/07 - P.H. w/Action con't. to 9/24/07)
Attachment (163K)
PENDING LIST (EXTENDED ONE WEEK)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, SEPTEMBER 10, 2007, AT 1:30 P.M.:
(APPROVED, 7-0)
46) 07R-161 Appointing Mike Tavlin to the Community Health
Endowment Board of Trustees for a three-year term
expiring on September 1, 2010.
Attachment (34K)
47) 07R-162 Reappointing Dan Anderson, Dr. Chuck Erickson, and
Charlene Gondring to the Community Health
Endowment Board of Trustees for three-year terms
expiring September 1, 2010.
48) 07R-163 Appointing Timothy Barrett Chlupsa to the Air
Pollution Control Advisory Board to fill an
unexpired term expiring September 1, 2008.
Attachment (33K)
49) 07R-164 Reappointing Allen L. Neemann to the Taxicab
Review Board for a three year term expiring
February 24, 2010.
50) 07R-165 Reappointing Barb Biffle, Rick Boucher, Jonathan
Rehm and Donald R. Stading to the Charter Revision
Commission for four-year terms expiring July 15,
2011, July 15, 2011, July 15, 2011, and July 15,
2010, respectively.
51) 07R-166 Appointing Dan Nolte and Diane Gonzolas to the
Government Access and Information Committee to
fill unexpired terms expiring January 1, 2008.
52) 07R-167 Approving the naming of the newly renovated formal
rose garden in Antelope Park as "The Hamann Rose
Garden at Antelope Park."
Fact Sheet (112K)
53) 07R-168 Approving the naming of the neighborhood park site
in the Tamarin Ridge development generally located
southwest of Pine Lake Road and S. 27th Street as
"Arnott Folsom Park."
Fact Sheet (112K)
54) 07R-170 Authorizing and supporting the Parks & Recreation
Department's submittal of a grant application to
the Transportation Enhancement Program of the
State of Nebraska Department of Roads to fund the
construction of 1.14 miles of a trail from Old
Cheney Road at 56th Street along Beal Slough to
Pine Lake Road.
Fact Sheet (94K)
55) 07R-171 Approving the appointment of Fred A. Hoke to the
Lincoln City Library Board of Trustees for a
seven-year term to expire August 31, 2014.
Attachment (230K)
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 (8/22/07) PRIOR TO THE
NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE
SESSION WHICH IS 8/27/07.
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 AUGUST ARE THE 13TH AND THE 27TH.
ADJOURNMENT 7:23 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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