City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 17, 2008 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT COOK
THERE WILL BE NO CITY COUNCIL MEETING
THE WEEK OF NOVEMBER 24TH DUE TO THE HOLIDAY
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) 08R-283 Appointing Maizuyen Nguyen to the Multicultural
Advisory Committee for a three-year term expiring
September 18, 2011. (ADOPTED, 6-0; A-85126)
Attachment (34K)
2) 08R-284 Appointing Fred Hoke to the Auditorium Advisory
Board for a six-year term expiring August 31,
2014. (ADOPTED, 6-0; A-85127)
Attachment (21K)
3) 08R-285 Reappointing Thomas C. Ball to the Auditorium
Advisory Board for a six-year term expiring August
31, 2014. (ADOPTED, 6-0; A-85128)
Attachment (19K)
4) 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.
(ADOPTED, 6-0; A-85129)
5) 08R-287 Reappointing Ray Stevens to the Parks and
Recreation Advisory Board for a three-year term
expiring April 27, 2011. (ADOPTED, 6-0; A-85130)
6) Resolution assessing special taxes for the costs
of the improvements in the Downtown Business
Improvement District, the Downtown Maintenance
District and the Core Business Improvement
District Overlay, as approved by the Board of
Equalization on Monday, November 10, 2008.
(ADOPTED, 6-0; A-85131)
7) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
November 5, 2008. (PLACED ON FILE)
8) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of October,
2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) Setting the hearing date of Monday, December 8,
2008 at 5:30 p.m. for the Application of Lan Huynh
dba L & K Liquor for a Class D liquor license
located at 335 N. 27th Street. (ADOPTED, 6-0;
A-85132)
10) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 08054 - Req. of the Director
of Planning to amend Section 27.67.030 of the Lincoln
Municipal Code to limit parking in the front yard
in the R-1 through R-4 zoning districts to one-
and two-family dwellings; and repealing Section
27.67.030 of the Lincoln Municipal Code as
hitherto existing.
Change of Zone No. 08055 - App. of Mark
Hunzeker to amend Title 27 of the Lincoln
Municipal Code to allow domestic shelters to be
operated by for-profit entities in the H-2, H-3
and H-4 Commercial Districts by amending Section
27.03.213 to provide that domestic shelters comply
with all applicable state licensure requirements;
amending Sections 27.41.020, 27.43.020, and
27.45.020 to add domestic shelters as a permitted
use in H-2, H-3, and H-4 Commercial Districts,
respectively; and repealing Sections 27.03.213,
27.41.020, 27.43.020, and 27.45.020 of the Lincoln
Municipal Code as hitherto existing.
Change of Zone No. 08056 - App. of Mark
Hunzeker to amend Sections 27.27.020 and 27.67.040
of the Lincoln Municipal Code to allow domiciliary
care facilities, elderly or retirement housing,
and group homes as permitted uses in the O-3
Office Park District; amending Section 27.67.040
to provide that a parking stall with a minimum
width of twelve feet shall be required at the rate
of one space for every ten stalls required for
elderly or retirement housing; and repealing
Sections 27.27.020 and 27.67.040 of the Lincoln
Municipal Code as hitherto existing.
Special Permit No. 08048 - App. of Darin
Horst Efficient Design to allow parking in the
front yard setback on property generally located
at N. 70th Street and Kearney Street.
11) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
12) Application of Philip Kutlo and Irma Kutlo dba
Castle Drive In for a Class D liquor license at
6001 Havelock Ave. (ADOPTED FOR APPROVAL, 6-0;
A-85133)
13) Application of Black Bear Enterprises, LLC, dba
The Office Gentlemen's Club for a Class I liquor
license at 640 W. Prospector Ct. (ADOPTED FOR
APPROVAL, 6-0; A-85134)
14) Manager application of Richard H. Gatiss for Black
Bear Enterprises, LLC, dba The Office Gentlemen's
Club at 640 W. Prospector Ct. (ADOPTED FOR APPROVAL,
6-0; A-85135)
15) Application of Mac Acquisition, LLC, dba Romano's
Macaroni Grill for a Class C liquor license at
6800 S. 27th Street. (ADOPTED FOR APPROVAL, 6-0;
A-85136)
16) Manager application of Scott C. Gwartney for Mac
Acquisition, LLC, dba Romano's Macaroni Grill at
6800 S. 27th Street. (ADOPTED FOR APPROVAL,
6-0; A-85137)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 17 &
18 HAD 2ND READING)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS (SEE ITEM 24)
19) 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. (ADOPTED, 6-0; A-85138)
Fact Sheet (14K)
Attachment (21K)
20) 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.
(ADOPTED, 6-0; A-85139)
Fact Sheet (13K)
Attachment (579K)
21) 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. (ADOPTED, 6-0; A-85140)
Attachment (693K)
22) 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. (ADOPTED, 6-0; A-85141)
Attachment (661K)
23) 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. (ADOPTED, 4-2; CAMP, ESCHLIMAN, SPATZ,
SVOBODA ASSENTING; EMERY, MARVIN DISSENTING; A-85142)
Fact Sheet (18K)
24) 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. (CON'T P.H. & ACTION
IN TWO WEEKS TO 12/1/08, 6-0)
Fact Sheet (971K)
Attachment (521K)
25) 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. (ADOPTED, 6-0; A-85143)
Fact Sheet (13K)
Attachment (506K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 26 &
27 HAD 1ST READING, SEE ITEM 27)
26) 08-159 Change of Zone 3134D - Application of Caseyco,
Inc. to amend the Willow Springs Planned Unit
Development to expand the boundary by
approximately .41 acres and to allow approximately
3,500 square feet of additional office floor area,
on property generally located at Pioneers
Boulevard and Lucile Drive.
Fact Sheet (627K)
27) 08-160 Change of Zone 08053HP - Application of
Engineering Design Consultants on behalf of Kevin
D. and Carla J. Pinneo to designate the Foster
House at 1021 D Street as a historic landmark.
(RULES WAIVED TO HAVE 2ND & 3RD READINGS ON 12/1/08, 6-0)
Fact Sheet (985K)
Attachment (165K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 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.
(PASSED, 6-0; #19176)
Fact Sheet (20K)
29) 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. (PASSED, 6-0; #19177)
Fact Sheet (217K)
PENDING LIST - DATE CERTAIN
30) 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. (11/3/08 -
1st Reading suspended, to have Introduction 12/1/08
with P.H. 12/8/08 at 5:30 p.m.)
Fact Sheet (131K)
PENDING LIST (EXTENDED ONE WEEK)
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) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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, DECEMBER 1, 2008, AT 1:30 P.M.:
(APPROVED, 6-0, SEE ITEM 45)
39) 08R-302 Adopting the Lincoln Electric System Annual Budget
for 2009, to become effective January 1, 2009.
(Action Date: 12/15/08)
Fact Sheet (172K)
Attachment (25K)
40) 08R-294 Appointing Dr. Margaret K. Sutton and Britt C.
Miller to the Community Health Endowment Board of
Trustees for three-year terms expiring September
1, 2011.
Attachment (50K)
41) 08R-295 Reappointing Edward D. Wimes and Richard Boucher
to the Community Health Endowment Board of
Trustees for three-year terms expiring September
1, 2011.
42) 08R-296 Amending the 2008/09 to 2013/14 Six Year Capital
Improvement Program to add the Perot Systems
project to the Northwest Corridors Redevelopment
Plan project, designate funding in the first year
of the CIP, identify funding sources and establish
appropriations.
Fact Sheet (90K)
43) 08R-297 Approving a Cooperative Agreement between the
Nebraska Department of Environmental Quality and
the City of Lincoln regarding State of Nebraska
Grant funding from the Stormwater Management Plan.
Fact Sheet (20K)
Attachment (255K)
44) 08R-298 Approving an Interlocal Agreement between the City
and Lincoln Public Schools to conduct stormwater
education to assist in meeting the requirements of
the City's NPDES stormwater permit.
Fact Sheet (13K)
Attachment (73K)
45) 08R-300 Special Permit 08036 - Application of Hartland
Homes, Inc. to develop Hartland Estates 1st
Addition Community Unit Plan for four dwelling
units, together with a waiver of the requirements
of the Land Subdivision Ordinance and the Zoning
Ordinance to reduce the required lot depth and to
reduce the rear yard setbacks, on property
generally located at S.W. 12th Street and West A
Street. (INTRODUCTION DELAYED TO 12/1/08, P.H. ON
12/8/08, 6-0)
Fact Sheet (2779K)
46) 08R-301 Approving the appointment of Mark A. Koller as
Personnel Director for the Lincoln-Lancaster
County Personnel Department, effective December
11, 2008.
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 (12/3/08) PRIOR TO THE NEXT FORMAL CITY
COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH
IS 12/8/08.
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 DECEMBER WHICH
IS DECEMBER 8TH.
ADJOURNMENT 5:02 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
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