City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 22, 2007 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY
During the month of November there will be 2 Council
meetings: November 5th at 1:30 p.m. and November 19th at 5:30 p.m.
Both meetings will have Open Microphone & Register to Speak Sessions.
MAYOR BEUTLER'S AWARD OF EXCELLENCE WAS PRESENTED TO TIM BECKMAN OF
PUBLIC WORKS & UTILITIES/STARTRAN DIVISION IN THE CATEGORY
OF PRODUCTIVITY.
PUBLIC HEARING
LIQUOR RESOLUTIONS
1) Manager application of Brian J. Kawa for Levy
Premium Foodservice LTD d/b/a Levy Restaurants
at Haymarket Park located at 403 Line Drive
Circle. (ADOPTED FOR APPROVAL, 6-0; A-84586)
2) Application of SIS Ventures, Inc. d/b/a Legends
Bar & Grill for a Class C liquor license located
at 8300 Northwoods Drive. (ADOPTED FOR APPROVAL,
6-0; A-84587)
3) Manager Application of Linda Denise Fredrick for
SIS Ventures, Inc. d/b/a Legends Bar & Grill
located at 8300 Northwoods Drive. (ADOPTED FOR
APPROVAL, 6-0; A-84588)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
4) 07R-209 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 water project that provides for
construction of the Greenwood to Lincoln
Transmission Main for the Lincoln Water System.
(ADOPTED, 6-0; A-84589)
Fact Sheet (59K)
5) 07R-210 Amending the City's resolution on local
government miscellaneous expenditures regarding
the Mayor's Award of Excellence, including
changes to the eligibility definition, the
website address, the nomination procedure and
nomination criteria, and clarification of team
winners for monthly and annual awards.
(ADOPTED, 6-0; A-84590)
Fact Sheet (52K)
Anyone wishing to address an item on the Consent Agenda
may do so at this time
CONSENT AGENDA
PETITIONS & COMMUNICATIONS - NONE
6) MISCELLANEOUS REFERRALS - NONE
REPORTS OF CITY OFFICERS
7) Affidavit of Mailing for Board of Equalization
for Downtown Business Improvement District,
Downtown Maintenance & Core Business Improvement
District Overlay. (PLACED ON FILE)
8) 07R-212 Reappointing Michael Donnelly to the Police and
Fire Pension Plan Investment Board for a five-
year term expiring September 1, 2012.
(ADOPTED, 6-0; A-84591)
9) 07R-213 Reappointing Brennan Miller to the Parks and
Recreation Advisory Board for a one-year term
expiring June 1, 2008. (ADOPTED, 6-0; A-84592)
10) 07R-214 Appointing Barbara J. Walkowiak to the Parks and
Recreation Advisory board for a one-year term
expiring June 1, 2008. (ADOPTED, 6-0; A-84593)
Attachment (55K)
11) 07R-215 Approving the appointment of David Landis as the
Urban Development Director. (ADOPTED, 6-0; A-84594)
12) 07R-216 Approving the appointment of Niles Ford as the
Director of the Fire and Rescue Department.
(ADOPTED, 6-0; A-84595)
13) Report from City Treasurer of City cash on hand
at the close of business September 30, 2007.
(PLACED ON FILE)
- END CONSENT AGENDA -
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 21 HAD 1ST READING)
14) 07-160 Approving a lease agreement between the City and
Spirits by Beckman for the lease of office space
by the Lincoln Area Agency on Aging for its
Lincoln Information for the Elderly (LIFE)
Program at 708 North Chestnut Street, Wahoo,
Nebraska.
Fact Sheet (68K)
Attachment (89K)
15) 07-161 Approving a lease agreement between the City and
The Panama Caf‚ for the lease of space by the
Lincoln Area Agency on Aging for its ActivAge
Center Program at 310 Locust Street, Panama,
Nebraska.
Fact Sheet (66K)
Attachment (84K)
16) 07-162 Approving a lease agreement between the City and
the Polk Senior Center for the lease of office
space by the Lincoln Area Agency on Aging for
its Lincoln Information for the Elderly (LIFE)
Medicaid Waiver Program at 230 North Main
Street, Polk, Nebraska.
Fact Sheet (65K)
Attachment (80K)
17) 07-166 Approving a lease agreement between the City and
Dittmer & Dittmer of Crete for the lease of
space by the Lincoln Area Agency on Aging for
its Lincoln Information for the Elderly (LIFE)
Program at 1005 E Highway 33, Suite 6, Crete
Nebraska.
Fact Sheet (67K)
Attachment (85K)
18) 07-163 Change of Zone 07053 - Application of Airpark
Holdings V, LLC for a change of zone from O-3
Office Park District to H-4 General Commercial
District on property generally located at the
southeast corner of South 27th Street and
Grainger Parkway. (Related Items: 07-163,
07R-217)
Fact Sheet (395K)
19) 07R-217 Special Permit 2022B - Application of Airpark
Holdings V, LLC to expand the existing Pine Lake
Heights Planned Service Commercial to add
approximately 44,875 square feet of commercial
use on property generally located at the
southeast corner of South 27th Street and
Grainger Parkway. (Related Items: 07-163,
07R-217) (Action Date: 11/5/07)
Fact Sheet (1166K)
20) 07-164 Comp. Plan Conformance 07020 - Declaring
approximately 6,651 sq. ft., more or less, of
property generally located at 2730 Dudley
Street, as surplus.
Fact Sheet (268K)
21) 07-165 Change of Zone 07050 - Amending Section
27.71.140 of the LMC to clarify that a lot or
tract located in the R-1 through R-4 zoning
districts may only be occupied by a group of two
or more buildings to be used as a unit for any
combination of two-family dwellings, multiple-
family dwellings, or institutional purposes
under a special permit or planned unit
development and to further provide that the lot
or tract must meet the minimum lot requirements
and conditions in said district for each main
building or use except as modified by the
conditions of approval for such use under a
special permit or planned unit development.
Fact Sheet (19K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 07R-206 Approving the 9th to 10th Streets,
south of South Street Development and
Conditional Zoning Agreement between the City
and Red Cloud Development relating to the
redevelopment of property generally located at
9th and South Streets for commercial and retail
uses. (Related Items: 07R-206, 07-156,
07-157) (Action Date: 10/22/07) (MTA #1 ADOPTED, 6-0;
ADOPTED AS AMENDED, 6-0; A-84596)
Attachment (208K)
23) 07-156 Change of Zone 07027 - Application of RJJ&T, LLC
and Red Cloud Development for a change of zone
from R-4 Residential District to B-3 Commercial
District on property generally located south of
South Street between 9th and 10th Streets.
(Related Items: 07R-206, 07-156, 07-157)
(PASSED, 6-0; #19008)
Fact Sheet (1131K)
24) 07-157 Vacation 07003 - Vacating the east-west alley
and a portion of the north-south alley between
9th Street and 10th Street south of South
Street. (Related Items: 07R-206, 07-156,
07-157) (PASSED, 6-0; #19009)
Fact Sheet (1020K)
25) 07-158 Amending Section 6.08.060 License Fee to
increase fees for licensing dogs effective
January 1, 2008. (PASSED, 6-0; #19010)
Fact Sheet (119K)
26) 07-159 Amending Section 6.12.120 License Fee to
increase fees for licensing cats effective
January 1, 2008. (PASSED, 6-0; #19011)
Fact Sheet (120K)
PENDING LIST - DATE CERTAIN
27) 07R-200 Appeal by Dan Marvin of the StarTran
Advisory Board action approving the Transit
Development Plan (TDP) and the near-term
route changes that are part of the TDP.
(10/1/07 - Action Delayed to 10/29/07)
Fact Sheet (58K)
Attachment (861K)
PENDING LIST (EXTENDED ONE WEEK, SEE ITEM #36)
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)
36) 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. (9/24/07 - Placed on
Pending, No Date Certain) (REMOVED FROM PENDING TO
HAVE P.H. & ACTION ON 11/5/07; 6-0)
Fact Sheet (61K)
Attachment (167K)
37) 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) (9/24/07 -
Placed on Pending, No Date Certain)
Fact Sheet (399K)
38) 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) (9/24/07 - Referred back to Planning
Dept.)
Fact Sheet (40K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 29, 2007, AT 5:30 P.M.
(APPROVED, 6-0)
39) 07R-218 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 1 -
15, 2007.
Fact Sheet (13K)
Attachment (17K)
40) 07R-219 Approving appropriations in the amount of
$34,591 from the operation of Keno lottery funds
for various human services.
Attachment (55K)
41) 07R-220 Special Permit 1685A - Application of Corey
Osborn to increase the number of children in the
existing early childhood care facility from 50
to 100, and to increase the number of staff from
6 to 11, with requested waivers of the
requirement to be located on an arterial street
and the requirement to provide a conversion
plan, on property generally located at the
northwest corner of South 12th and D Streets.
Fact Sheet (447K)
42) 07R-221 Comp. Plan Conformance 07019 - Approving
amendments to the Lincoln Center Redevelopment
Plan to add the West Haymarket Blight and
Substandard Study Area to said Plan; to add
language to the text of the plan referencing the
Adopted 2005 Downtown Master Plan and West
Haymarket Area; to add the West Haymarket
Redevelopment Project, which may include the
construction of an arena, a privately owned and
operated hotel, a convention and exhibition
center, surface and structure parking, business
space, recreational facilities and other
complementary uses, in an area generally bounded
by BNSF and Union Pacific railroad lines on the
west, approximately N. 7th Street on the east,
the south interior roadway of Haymarket Park and
Bereuter Pedestrian Bridge on the north, and "M"
Street on the south. The Lincoln Center
Redevelopment Plan Area is generally bounded by
Salt Creek, Interstate 180 and "R" Street on the
north, 17th Street on the east, "G" Street on
the south, and Salt Creek, 2nd Street, and Sun
Valley Blvd. on the west.
Fact Sheet (1412K)
Attachment (6984K)
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 (10/24/07) PRIOR TO
THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS 10/29/07.
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 OCTOBER ARE THE 8TH AND THE 29TH.
ADJOURNMENT 2:12 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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