City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION OF THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 10, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT
IMMEDIATELY PRECEDING THE REGULAR CITY COUNCIL MEETING
THE CITY COUNCIL WILL CONVENE AS THE BOARD OF EQUALIZATION
TO EQUALIZE ASSESSMENTS FOR THE DOWNTOWN BUSINESS IMPROVEMENT
DISTRICT, THE CORE BUSINESS IMPROVEMENT DISTRICT OVERLAY
AND THE DOWNTOWN MAINTENANCE DISTRICT ASSESSMENTS APPROVED, 7-0)
Anyone wishing to address an item on the Consent Agenda may do
so at this time
PUBLIC HEARING
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Clerk's Letter and Mayor's Approval of
resolutions and ordinances passed by
Council on October 27, 2008. (PLACED ON FILE)
2) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended September 30,
2008. (ADOPTED, 7-0; A-85120)
3) Report from City Treasurer of Franchise tax for
the month of August & September, 2008 from Black
Hills/Nebraska Gas Utility Company, LLC.
(PLACED ON FILE)
4) Report from City Treasurer of Franchise tax for
the third quarter ending September 30, 2008 from
Time Warner Cable. (PLACED ON FILE)
5) Report from City Treasurer of E911
Telecommunications Occupation Tax for the month
of September, 2008: Qwest Comm., Level 3 Comm.,
TWC Digital Phone, Level 3 Comm., AT&T Comm. of
Midwest, Granite Telecomm., ACN Comm., AT&T
Comm. of Midwest, Budget Prepay, Comtel Telcom
Assets; quarter ending September, 2008:
Windstream Comm. (PLACED ON FILE)
6) Report from City Treasurer of Telecommunications
Occupation Tax for the month of July, 2008:
Guaranteed Phone Service; July - September,
2008: Digizip.com, Cause Based Commerce,
Amerivision, Association Adm., NECC Telecom.,
Comtech 21; August, 2008: Nebraska Technology &
Telecomm., Windstream Nebraska, Windstream
Systems of the Midwest, Cricket, USCOC of
Greater Iowa, New Cingualar Wireless PCS, AT&T
Comm. of Midwest, TWC Digital Phone, Sprint,
Guaranteed Phone Service, Broadband Dynamics,
TCG Omaha, Qwest, Bell Atlantic, New Edge
Network, OnStar Corp., Virgin Mobile USA,
Telecorp, Broadwing, XO Comm. Services, USCOC of
Nebraska/Kansas, Verizon Select Services, McLeod
USA, Granite, Cincinnati Bell Any Distance,
Advanced Tel Inc, EarthLink, VoiceCom,
Globalstar USA, Intellicall Operator Services,
TracFone Wireless, Wholesale Carrier, Trans
National Comm. Int'l., Global Crossing, UCN,
Working Assets Funding Service, Primus, ACN
Comm. Services, CIMCO, Business Prod. Solutions,
Norstan Network Services; September, 2008:
Alltel Comm. of Nebraska, Alltel, Nextel, MCI,
D&D, Sprint Spectrum, GTC, Enhanced Comm.
Network, Lightyear Network Solutions, Tri-M,
Zone Telecom., Acceris, NOS, NOSVA Limited, 800
Response Information Services, Long Distance,
Unite Private Networks, Enhanced Comm. Group,
360networks (USA), First Comm., Covista, BT
Americas, LDMI, ATS Mobile Telephone Co.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) MISCELLANEOUS REFERRALS
Setting the Hearing Date of Monday, December 1, 2008
at 1:30 p.m. for the Application of John Esquivel dba
The Rib Pit for a Class C liquor license located at 1501
Center Park Rd. #100. (ADOPTED, 7-0; A-85121)
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 8 & 9 HAD 2ND READING)
8) 08-154 Amending Chapter 2.18 of the Lincoln Municipal
Code relating to the City's Purchasing Division
to update department expenditure amounts and to
incorporate the changes to the City Charter
approved by the voters in the May 2008 election,
by amending Section 2.18.020 to increase the
level of repair expenditures which require
purchase by bidding, and to conform language to
the revised Charter provisions; amending Section
2.18.030 to increase the threshold of
expenditures which require bidding to $25,000,
to update department expenditure amounts, to
update obsolete language to reflect electronic
bidding provisions, to provide additional
grounds under which the City could disqualify
vendors from bidding, to create an appeal
process for disqualified vendors, and to
streamline purchasing provisions allowing joint
purchasing with other units of government; by
amending Section 2.18.060 to authorize the
Purchasing Agent to require pre-delivery or
post delivery inspections for purchases, and to
require inspections for all purchases over
$100,000; and repealing Sections 2.18.020,
2.18.030, and 2.18.060 of the Lincoln Municipal
Code as hitherto existing.
Fact Sheet (20K)
9) 08-155 Change of Zone 08052 Application of Vien C. Le
for a change of zone from B-1 Local Business
District to R-2 Residential District on property
generally located at North 45th Street and W
Street.
Fact Sheet (217K)
PUBLIC HEARING - RESOLUTIONS
10) 08R-278 Approving RFox, Inc. dba Red Fox Westside Grille
as a keno satellite site at 1339 West O Street.
(ADOPTED, 5-2; COOK & ESCHLIMAN DISSENTING; A-85122)
Fact Sheet (70K)
11) 08R-279 Approving a Contract between the City of
Lincoln, Lancaster County and Roberts Dairy to
provide and deliver milk and related dairy
products for the Lincoln Area Agency on Aging,
Lancaster Manor, and Midtown Center through
local inter-governmental cooperative purchasing
with the Board of Regents of the University of
Nebraska at Lincoln, for an initial three-year
term with two additional one-year terms. (ADOPTED,
6-0; MARVIN ABSTAINING; A-85123)
Fact Sheet (84K)
Attachment (3017K)
12) 08R-280 Approving an Interlocal Agreement between the
City and the City of Lincoln Lancaster County
Railroad Transportation Safety District
accepting the transfer of funding for the West
Haymarket Study. (ADOPTED, 7-0; A-85124)
Fact Sheet (12K)
Attachment (97K)
13) 08R-282 Use Permit 107C Application of National Rural
Electric Cooperative Association to amend the
Firethorn Office Park Use Permit to adjust the
front yard setback from 20 feet to 6 feet to
allow a ground sign on property generally
located two blocks east of the intersection of
South 84th Street and Firethorn Lane. (ADOPTED,
7-0; A-85125)
Fact Sheet (258K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 THRU 16 HAD 1ST READING)
14) 08-156 Approving a Sublease Agreement between the City
and Goodwill Industries for providing job
training and employment services under the
Workforce Investment Act for a term of two years
from January 1, 2009 to December 31, 2010.
Fact Sheet (76K)
Attachment (1527K)
15) 08-157 Amending Section 5.38.050 of the Lincoln
Municipal Code to increase permit fees for
motels, hotels, rooming, lodging, and apartment
houses; and repealing Section 5.38.050 of the
Lincoln Municipal Code as hitherto existing.
(1ST READING SUSPENDED; INTRODUCTION 12/1/08
W/PUBLIC HEARING 12/8/08 AT 5:30 P.M., 7-0)
Fact Sheet (131K)
16) 08-158 Approving and ratifying a Lease Agreement
between the City and LAMAR Companies for
advertising on the billboard generally located
at North 27th and Y Streets from October 1, 2008
to April 1, 2009.
Fact Sheet (105K)
Attachment (185K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
17) 08-153 Amending Ordinance No. 19110, passed by the City
Council on July 28, 2008, to include Lots 14-19,
Block 3, McMurtry's Addition, in the change of
zone from R-6 Residential District to O-1 Office
District, on property generally located at the
southeast corner of South 18th Street and K
Street. (PASSED, 7-0; #19175)
Fact Sheet (18K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
18) 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)
19) 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)
20) 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)
21) 08-63 Annexation No. 08003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 63.13 acres of property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)
Fact Sheet (232K)
22) 08-64 Change of Zone 08019 - Application of
Robert and Victoria Rokeby for a change of
zone from R-3 Residential District to H-3
Highway Commercial District on property
generally located at N. 35th Street and
Superior Street. (Related Items: 08-63,
08-64) (6/9/08 - Placed on Pending, No Date
Certain)
Fact Sheet (291K)
23) 08R-193 Approving the Development and Conditional Zoning
Agreement between the City and Boyce
Construction, Inc. for the development of the
property located at North 14th Street and
Superior Street subject to restrictions on
maximum density, drive access to North 14th
Street, and a drive access to the north boundary
of the property to be compatible with the
adjacent residential neighborhood. (Related
Items: 08R-193, 08-111) (Action Date: 9/8/08)
(8/25/08 - Placed on Pending Indefinitely)
Attachment (224K)
24) 08-111 Change of Zone 08036 - Application of Boyce
Construction for a change of zone from R-2
Residential District to R-5 Residential District
on approximately 29,227 sq. ft. generally
located at N. 14th Street and Superior Street.
(Related Items: 08R-193, 08-111) (8/25/08 -
Placed on Pending Indefinitely)
Fact Sheet (1795K)
25) 08-131 Change of Zone 08045 - Amending Sections
27.19.030, 27.21.030, 27.23.030, 27.24.030,
27.27.025 and 27.67.040 of the Lincoln Municipal
Code to clarify that group homes must comply
with all applicable state and local code
requirements and to add domiciliary care
facility and elderly or retirement housing as a
conditional permitted use in the R-5, R-6, R-7,
R-8, and O-3 zoning districts, and repealing
Sections 27.19.030, 27.21.030, 27.23.030,
27.24.030, 27.27.025 and 27.67.040 as hitherto
existing. (9/29/08 - Placed on Pending
Indefinitely)
Fact Sheet (62K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 17, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
26) 08R-293 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16 -
31, 2008.
Fact Sheet (14K)
Attachment (21K)
27) 08R-281 Approving a Contract between the City and
Fuji Electric involving the expenditure of
money from appropriations of more than one
year for ozone replacement equipment for
Lincoln Water System.
Fact Sheet (13K)
Attachment (579K)
28) 08R-283 Appointing Maizuyen Nguyen to the Multicultural
Advisory Committee for a three-year term
expiring September 18, 2011.
Attachment (34K)
29) 08R-284 Appointing Fred Hoke to the Auditorium Advisory
Board for a six-year term expiring August 31,
2014.
Attachment (21K)
30) 08R-285 Reappointing Thomas C. Ball to the Auditorium
Advisory Board for a six-year term expiring
August 31, 2014.
Attachment (19K)
31) 08R-286 Reappointing Karla Cooper, Wendy Francis and
Dick Noble to the Lincoln Commission on Human
Rights for three-year terms expiring December
31, 2011.
32) 08R-287 Reappointing Ray Stevens to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2011.
33) 08R-288 Approving a two-year Grant Contract between the
City and Fresh Start to provide grant funds in
the amount of $12,500.00 per year for its
transitional housing and supportive services for
women programs.
Attachment (693K)
34) 08R-289 Approving a two-year Grant Contract between the
City and the Indian Center to provide grant
funds in the amount of $5,000.00 per year for
its Youth Program.
Attachment (661K)
35) 08R-290 Re-adopting the Water System Impact Fee
Schedule, Water Distribution Impact Fee
Schedule, Wastewater Impact Fee Schedule,
Arterial Street Impact Fee Schedule, and
Neighborhood Park and Trail Impact Fee Schedule
without any adjustment for inflation for 2009.
Fact Sheet (18K)
36) 08R-291 Approving a Safety Improvement Project Agreement
between the City and the Nebraska Department of
Roads so that federal and state funding may be
used for the engineering and construction of a
roundabout at the intersection of North 14th
Street and Cornhusker Highway.
Fact Sheet (971K)
Attachment (521K)
37) 08R-292 Approving a Safety Improvement Project Agreement
between the City and the Nebraska Department of
Roads so that federal and state funding may be
used for the engineering and construction of
pedestrian countdown signal heads at various
signalized locations.
Fact Sheet (13K)
Attachment (506K)
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 (11/5/08)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS
11/10/08.
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. THERE IS ONLY
ONE OPEN MICROPHONE SESSION DURING THE MONTH OF NOVEMBER
WHICH IS NOVEMBER 10TH.
ADJOURNMENT 6:10 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
***