InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


            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.
                               ****
   The City Council Agenda and Action Sheet may be accessed on
the Internet at:
                          lincoln.ne.gov
                               ***

City Council
Meetings