City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, SEPTEMBER 24, 2007 AT 5:30 P.M.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Application of Kenneth C. Meier dba Meier's
Cork 'N Bottle for a Class CK liquor license
at 1244 South Street. (ADOPTED FOR APPROVAL,
7-0; A-84540)
2) Application of 55 Degrees, Inc. dba Bread & Cup
for the addition of a catering license to their
Class I liquor license at 440 N. 8th Street.
(ADOPTED FOR APPROVAL, 7-0; A-84541)
3) Manager application of Derek Ehlers for Lincoln
Holdings Ltd. dba Marz Bar at 1140 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-84542)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 4
& 5 HAD 2ND READING)
4) 07-148 Amending Title 4 of the Lincoln Municipal Code
to repeal Chapter 4.10 "Community Development
Task Force."
Fact Sheet (94K)
5) 07-151 Approving an Agreement between the City and the
Asian Community & Cultural Center for the lease
of space by the Lincoln Area Agency on Aging for
its ActivAge Center program at 2615 O Street for
a period of October 1, 2007 through August 31,
2008.
Fact Sheet (67K)
Attachment (78K)
PUBLIC HEARING - RESOLUTIONS (SEE ITEMS 6 & 8)
6) 07R-179C Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of August 16 -
31, 2007. (Claim of Fred & Deb Matulka held
over for P.H. & Action 9/24/07)
(WITHDRAWN, 7-0; #38-4558)
Fact Sheet (13K)
Attachment (16K)
7) 07R-184 Misc. 07007 - Declaring the West Haymarket
Area as blighted and substandard generally
bounded by Haymarket Park on the north to
G Street on the south, with the eastern
boundary running along 13th Street from
G to H Street, then along 9th Street to
O Street and following the railroad tracks at
approximately 6th Street to Interstate 180;
and the west boundary generally following
Salt Creek, 2nd Street and Sun Valley Blvd.
to Line Drive. (ADOPTED, 7-0; A-84543)
Fact Sheet (233K)
Attachment (1009K)
8) 07R-185 Approving a Cooperative Agreement between the
Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding State
of Nebraska grant funding from the Stormwater
Management Plan Program. (Request to place on
Pending, No Date Certain) (PLACED ON PENDING,
NO DATE CERTAIN, 7-0)
Fact Sheet (61K)
Attachment (167K)
9) 07R-186 Authorizing and supporting the Parks &
Recreation Department's submittal of a grant
application to the State Game & Parks Commission
for a Recreational Trail Program Grant to fund
the renovation of the Boosalis Trail along
Highway 2 from 20th Street to 27th Street.
(ADOPTED, 7-0; A-84544)
Fact Sheet (79K)
Anyone wishing to address an item on the Consent Agenda may do so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS - NONE
10) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
11) 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) (AMENDED, 7-0; ADOPTED
AS AMENDED, 7-0; A-84545)
Attachment (222K)
12) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84546)
Attachment (190K)
13) 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)
(AMENDED, 7-0; ADOPTED AS AMENDED, 7-0; A-84547)
Attachment (163K)
14) 07R-188 Appointing Dan Marvin to the Utility Billing
Check-Off Program Board for a one-year term
expiring August 31, 2008. (ADOPTED, 7-0;
A-84548)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 15 THRU 19 HAD 1ST READING)
15) 07R-197 Approving the Development and Conditional Zoning
Agreement between the City and Southeast Lincoln
Animal Center LLC relating to the development of
property generally located at S. 84th Street and
Old Cheney Road. (Related Items: 07R-197,
07-152) (Action Date: 10/8/07)
Attachment (10K)
16) 07-152 Change of Zone 07042 - Application of Southeast
Animal Medical Center for a change of zone from
O-2 Suburban Office District to B-1 Local
Business District on property generally located
northeast of the intersection of S. 84th Street
and Old Cheney Road. (Related Items: 07R-197,
07-152)
Fact Sheet (460K)
17) 07-153 Change of Zone 07047 - Application of William J.
Wood for a change of zone from R-6 Residential
District to R-4 Residential District on property
generally located between A and F Street from
S. 8th to S. 9th Streets.
Fact Sheet (705K)
18) 07-154 Change of Zone 07051 - Amending Title 27 of the
Lincoln Municipal Code relating to nonconforming
signs by amending Section 27.69.320 to add
provisions allowing a nonconforming off-premises
sign to be replaced without being brought into
compliance with the zoning code sign regulations
under limited circumstances.
Fact Sheet (467K)
19) 07-155 Amending Title 4 of the Lincoln Municipal Code
relating to Boards and Commissions by adding a
new Chapter 4.66, creating a City Audit Advisory
Board, setting forth definitions, creating the
membership of the Board and the length of terms
and removal from office, setting forth the
duties and powers of the Board, establishing
meetings and rules, providing for staffing,
providing for audit coordination and a custodian
of records, laying out the ground rules for
access to information, providing for an
auditee's response, and setting out the process
for selecting a contract auditor.
Fact Sheet (80K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
(SEE ITEMS 20 & 21)
20) 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) (PLACED ON
PENDING, NO DATE CERTAIN, 7-0)
Fact Sheet (399K)
21) 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. (Action
Delayed 1 wk. to 9/24/07) (REFERRED BACK TO
PLANNING DEPT., 6-1; SVOBODA DISSENTING)
Fact Sheet (40K)
22) 07-141 Change of Zone 07043 - Amending Chapter 27.67 of
the Lincoln Municipal Code relating to parking
by amending Section 27.67.020, the Parking
Matrix, to add a note providing that if the
number of spaces required by the building ratio
is greater than required by the employee ratio,
an additional parking area shall be reserved to
accommodate the additional spacing; amending
Section 27.67.030 to delete the restriction in
Section 27.67.030 that parking lots, parking
areas, and driving aisles may not be located in
the front six feet of the front yard and
deleting the requirement that said front six
feet be landscaped. (Related Items: 07-141,
07R-169) (PASSED, 7-0; #18998)
Fact Sheet (16K)
23) 07R-169 Misc. No. 06007 - Amending Chapter 2.35, Design
Standards for Street Trees, regarding the
location of street trees, repealing Section 2
(Approved Trees for Streets), and repealing
Section 3 (Trees That Will Not Be Permitted as
Street Trees); and by amending Chapter 3.50,
Design Standards for Screening and Landscaping,
by amending Section 3, General Requirements, to
require the plan to show the total square feet
of the parking lot or addition, including
driving aisles, the square feet of the building
addition, the zoning of the lot, and that the
existing parking areas or buildings be shown and
labeled as existing; by amending Section 4,
Plant Material for Screening and Landscaping, to
require a one-half but not more that three-
fourths of the screen be coniferous or a variety
of plant material that will retain its leaves
through the winter months; by amending Section
7, How Much is to Be Screened and Where the
Screens are to be Located on the Property, by
amending Section 7.1, Parking Lots, Parking
Areas, and Driving Aisles, to clarify the amount
of the screen when the parking lot, parking
areas and driving aisles are set back from the
edge of the pavement on private streets or when
the parking lot, parking areas and driving
aisles are less than five feet from an alley
right-of-way, by adding specific screening
requirements for parking lots, parking areas, or
driving aisles in the B-1, B-3, H-1, H-2, and
H-3 zoning districts; by amending Section 7.4 to
modify the measurement of the screen for
residential lots backing onto major streets and
railroads; by amending Section 7.5 to add
additional requirements for screening of
different uses in the B-1, B-2, B-3, H-2, H-3,
H-4, O-2, I-1, I-2, and I-3 districts abutting
residential districts; by amending Section 7.6
to add additional requirements for screening
required yards, open space areas, malls and
around proposed buildings in the O-3, B-2, B-5,
I-2, and I-3 districts and churches in the R-1
through R-4 districts; and by amending Section
8, Procedures, to require plans and documents
required to be filed with the building official
to show screening and landscaping; and repealing
Chapter 3.95, Design Standards for Street Trees,
in its entirety. (Related Items: 07-141,
07R-169) (Action Date: 9/24/07) (ADOPTED, 7-0;
A-84549)
Fact Sheet (24K)
Attachment (36K)
Attachment (29K)
24) 07-147 Approving an Agreement between the City and
First United Methodist Church/Waverly for the
lease of space by the Lincoln Area Agency on
Aging for its ActivAge Center program at 14410
Folkestone Street, Waverly, NE for a period of
September 1, 2007 through August 31, 2008.
(PASSED, 7-0; #18999)
Fact Sheet (62K)
Attachment (83K)
25) 07R-183 Approving the Development and Conditional Zoning
Agreement between the City and Safe-Harbour Eat
- XVII, LLC relating to the development of
property generally located at N.W. 27th Street
and West O Street. (Related Items: 07R-183,
07-149) (Action Date: 9/24/07) (ADOPTED, 7-0;
A-84550)
Attachment (13K)
26) 07-149 Change of Zone 07048 - Application of Safe-
Harbour Eat - XVII, LLC for a change of zone
from H-3 Highway Commercial District to I-1
Industrial District on 9.25 acres of property
generally located at N.W. 27th Street and
West O Street. (Related Items: 07R-183,
07-149) (PASSED, 7-0; #19000)
Fact Sheet (786K)
27) 07-150 Change of Zone 07049 HP - Application of Matthew
and Lisa Innis to designate the property at 1204
Peach Street as a historic landmark.
(PASSED, 7-0; #19001)
Fact Sheet (664K)
PENDING LIST - DATE CERTAIN - NONE
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
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)
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)
35) 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, OCTOBER 1, 2007, AT 1:30 P.M.
(APPROVED, 7-0)
36) 07R-189 Approving Tam O'Shanter as a keno satellite site
at 105 S. 25th Street.
Fact Sheet (74K)
37) 07R-190 Appointing Brent Johnson to the Pedestrian/
Bicycle Committee to fill an unexpired term
expiring September 1, 2008.
Attachment (24K)
38) 07R-191 Accepting the report of new and pending
claims against the City and approving
disposition of claims set forth for the
period of September 1 - 15, 2007.
Fact Sheet (13K)
Attachment (18K)
39) 07R-192 Approving the Harvest Project Contract between
the City's Lincoln Area Agency on Aging and
Lancaster County on behalf of the Community
Mental Health Center to provide mental health,
substances abuse, and aging services to elderly
residents of Lincoln County for a one year
period.
Fact Sheet (69K)
Attachment (705K)
40) 07R-193 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for the funding of the design, right-
of-way acquisition, and construction activities
for Phase 1 of the Antelope Valley Project.
Fact Sheet (45K)
Attachment (101K)
41) 07R-194 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for the funding of the design, right-
of-way acquisition and construction activities
for the new bridge construction of the S.W. 40th
Street Overpass over the BNSF railyard.
Fact Sheet (61K)
Attachment (93K)
42) 07R-195 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for the funding of the design, right-
of-way acquisition and construction activities
for the new bridge construction of the Harris
Overpass on O Street, 3rd to 9th Streets.
Fact Sheet (47K)
Attachment (93K)
43) 07R-196 Authorizing an application to the Nebraska
Game & Parks Commission for Land and Water
Conservation grant funding assistance for the
development of a neighborhood park located in
the Hartland Garden Valley Development near
N. 14th Street and Humphrey Ave.
Fact Sheet (142K)
44) 07R-198 Assessing Nuisance Abatement costs associated
with the clearing of public nuisances by the
Health Department to the following benefitted
properties: 3141 S St., 901 N. 23rd St.,
1920 S. 17th St., 2026 Lake St., 6432 Leighton
Ave., 1140 Fairfield St., 2302 S. 11th St.,
920 Garfield St., 3102 N. 48th St., 1851 Garfield
St., 3019 Starr St., 724 Washington St.,
2948 Starr St., 245 N. 25th St., 960 S. 40th St.,
3051 U St., 2718 Alpha St., 2540 S St., 2436
Vine St., 2925 N. 54th St., 1536 LeGros Ave.,
600 Village Ave., 3035 S. 46th St., 631 N. 26th
St., 1530 N. 23rd St., 1240 N. 66th St.,
3846 Sumner St., 7211 Stevens Ridge Rd., 2163 S.
8th St., 4126 Madison Ave., 2335 S. 39th St.,
1648 S. 24th St., 1520 D St., 4702 Cooper Ave.,
3160 T St., 1035 S. 23rd St., 1401 S. 21st St.,
847 N. 29th St., 4139 Lewis Ave.
Fact Sheet (88K)
Attachment (3849K)
CAMP MOVED TO CREATE THE POSITION OF 2ND VICE CHAIR AND
NOMINATED COOK, SECONDED BY ESCHLIMAN. MOTION CARRIED, 7-0.
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 (9/19/07) PRIOR TO
THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS 9/24/07.
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 SEPTEMBER ARE THE 10TH
AND THE 24TH.
ADJOURNMENT 8:27 P.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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