LEXINGTON — The Lexington City Council tabled two permits for two proposed meeting spaces on North Washington St., citing the need for updated inspections by the state fire marshal regarding capacity during their meeting on Tuesday, April 25.
Conditional use permits for the meeting spaces had been applied for by Fascination, Inc., owned by Diana Gonzalez.
The areas in question were the second floor of the 520 N. Washington St. location and the first floor of the 521 N. Washington St. location, just across the street from one another.
Development Services Director Bill Brecks said Gonzalez had been using the 520 location previously to host celebrations, birthdays, quinceañeras, etc., without a permit. Brecks said there had been complaints about the use of the space with no permit.
Nebraska State Fire Marshal Mike Hoeft noted in a report the space could hold 200 people, but would fail their inspection due to the lack of means of egress and lack of emergency lighting. However, 50 people could meet in the space with a few simpler fixes.
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The fire marshal had noted the city council could set the occupancy at any number, but the space would still need to meet safety inspections.
Parking in the downtown area has been an issue with past permits. With tables and chairs, the space could fit 160 people, requiring 53 parking spots. With 50 people there would be 17 parking spaces needed.
Earlier this month, Planning Commission had moved to send the permit to city council with a recommendation for approval, pursuant to the occupancy being set at 50.
Gonzalez, who spoke through an interpreter, was asked several questions by the council members. When asked about alcohol consumption, she said she did not plan on selling any during events.
Council member Jeremy Roberts asked Gonzalez who would be keeping track of the number of people using the space. She said she keeps a register of people who use it.
Mayor John Fagot noted there had been a number of complaints from citizens regarding maintenance, such as sidewalks not being scooped and nuisance items such as broken bottles and discarded cigarettes on the sidewalk.
Gonzalez noted she had been sick for a time and that could explain the fall behind on maintenance but said she now has people who are helping her keep the space clean. As for the nuisance items, she said it likely doesn’t just come from only her clientele, given the number of people who pass through downtown.
Council member John Salem asked what time of day the events take place, citing the parking concern downtown.
Gonzalez said the events occur throughout the year and mainly occur after 5 p.m.
Fagot brought up the point that Gonzalez was seeking permits for two different meeting spaces, just across the street from one another. He asked if the meeting spaces would host events at the same time, also noting the parking concern.
Gonzalez said if approved she would rent the space concurrently. She noted she would rely on the income from renting out the spaces as her other business has been suffering recently.
For the 520 space, she said she has hosted 150 people in the space, with 100 being the average. She requested the city council set the occupancy for the space at 100.
City Manager Joe Pepplitsch noted the space had been inspected by the fire marshal for 200 people and it had failed due to the number of means of egress and lack of functioning emergency lighting. The fire marshal did offer 50 as a potential occupancy number.
Gonzalez said she was willing to adhere to the requirements of the fire marshal but she had to figure the costs and resources of getting the space up to code. She did note that the occupancy set at 50 would not be sufficient for her.
It was suggested that the council table the issue and have the state fire marshal return to inspect the space again with an occupancy number under 200 in mind. The council voted to table the conditional use permit.
The next item was essentially the same matter, but for the 521 location across the street.
This meeting space would be on the first floor, with a retail space on the second floor. The occupancy could be 200 people, but Fire Marshal Hoeft failed the location due to nine different violations.
Hoeft did not offer a minimum occupancy as he had with the other space.
Brecks had told the Planning Commission that a space with occupancy of 200 would require 66 parking spaces, which would take up nearly all of downtown.
The Planning Commission made no recommendation about the permit to the city council, based on their standards.
Gonzalez had requested the occupancy for the space be set at 190, which would require 64 parking spaces. If both locations were hosting events at the capacity requested by Gonzalez, the total parking spaces needed would be 97 parking spaces.
Regarding getting the spaces up to code for the fire marshal, Gonzalez said she was waiting to make improvements based off of the occupancy number the city council would set.
When the council brought up tabling the permit for the 521 space as well, Gonzalez asked why the space couldn’t be approved tonight so she knew exactly what she needed to fix. She said she was at a standstill with her business and needed the city’s support.
It was noted that the original fire marshal inspection had been done with the assumption that the second floor space would be split between the meeting hall and a retail space, but this idea has been discarded.
The fire marshal would need to inspect the space again given the change in layout and overall use. The council voted to table the permit for the 521 space.
Gonzalez was told that her permits would be considered at the first possible meeting following the conclusion of the fire marshals’ inspection.
The next item was a public hearing was Taco John’s Redevelopment Project.
The Lexington Taco John’s restaurant has been located along the Highway 30 corridor for decades. The new plan would move it closer to the busier Interstate 80 corridor on the south side of the community.
The plan proposes building a new Taco John’s restaurant just south of the Scooter’s Coffee, east of Walmart. The franchise would move away from the Highway 30 corridor, where it has been located for decades.
Construction on the new location is anticipated to start in May 2023 and be finished by fall 2023.
The redeveloper estimates that the total project costs will be around $1,230,000.00, around $400,000.00 being eligible for tax increment financing (TIF), which the redeveloper plans to seek.
Pepplitsch said Taco John’s is working with the current owner of the ground near Scooter’s, a subsidiary of Viaero Wireless, to acquire the site in question.
The Taco John’s site in Lexington is owned by Derock, Inc., registered to Juliska Derockbraine.
Derockbraine noted at a past meeting that the move was being mandated by the Taco John’s corporate office.
The planning commission had sent the resolution for the project to the city council with their approval. The council moved.
Pepplitsch noted this project was a great example of how TIF can be deployed to aid developers. He said without it, it would be arduous, maybe impossible, for the redevelopment to happen in the proposed area.
The council approved the redevelopment plan and waived the Community Development Agency’s (CDA) requirement to give a 30 day notice period to the city regarding the project. It was noted they wanted to help the project stay on its timeline.
The last item was a resolution conveying property to the CDA for housing development purposes.
The lots were located around the Roosevelt Dr., Truman Dr., and Cedar St. area, the southwest side of Lexington.
The real estate conveyed was as follow:
Lots 1-11, Block 2, Southwest Second Subdivision, a replat of Blocks 2 and Block 9, Southwest First Addition, an addition to the City of Lexington, Dawson County, Nebraska;
Lots 1-14, Block 9, Southwest Second subdivision, a replat of Blocks 2 and Block 9, Southwest First Addition, an addition to the City of Lexington, Dawson County, Nebraska;
Lots 1-5, Block 3, Southwest First Addition, an addition to the City of Lexington, Dawson County, Nebraska;
Lots 1-5, Block 5, Southwest First Addition, an addition to the City of Lexington, Dawson County, Nebraska;
Lots 1-4, Block 4, Southwest First Addition, an addition to the City of Lexington, Dawson County, Nebraska;
Lots 27-40, Block 10, Southwest First Addition, an addition to the City of Lexington, Dawson County, Nebraska
During the roundtable discussion, Pepplitsch said the work on the Lexington Veterans Pavilion is continuing while demolition work for the future site of the Lexington Racquet Center is ongoing.
