City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 5, 2009 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT ESCHLIMAN
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
JANUARY 19TH IN OBSERVANCE OF MARTIN LUTHER KING DAY
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-321 Approving the appointment of Fred Hoke as
Director of Building and Safety effective
December 15, 2008. (ADOPTED, 6-0; A-85191)
2) Resolution approving the assessment of the cost of
construction of Paving District 2628 Paving Unit 140
described as all that portion of North 36th Street
lying between the south curb line of W Street
and the north curb line of Vine Street for the
Board of Equalization to be held Monday,
January 12, 2009 at 1:30 p.m. (APPROVED, 6-0)
3) Affidavit of Mailing for the Board of Equalization
to be held Monday, January 12, 2009, at 1:30 p.m.
(PLACED ON FILE)
4) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended November 30,
2008. (ADOPTED, 6-0; A-85192)
5) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 8, 2008. (PLACED ON FILE)
6) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
December 15, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
NONE
7) MISCELLANEOUS REFERRALS
Setting the hearing date of Monday, February 2, 2009
at 1:30 p.m. on the Notice of Appeal of Katie Halperin,
Washington Square, LLC appealing from the determination
of Impact Fees imposed for the Washington Square
Redevelopment Project on the following enumerated
properties: 1537 South 19th Street, 1525 South 19th
Street, 1533 South 19th Street and 1529 South
19th Street. (APPROVED, 6-0)
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8 &
9 HAD 2ND READING)
8) 08-169 Approving a six-year lease agreement between the
City and Frontier Harley Davidson Inc. for seven
police motorcycles.
Attachment (655K)
9) 08-171 Change of Zone 08057 - Application of Urban
Development for a change of zone from B-3
Commercial District to P Public Use District and
from B-3 Commercial District to B-3 Commercial PUD
on property generally located at North 48th Street
from Colby Street to Adams Street.
Fact Sheet (399K)
PUBLIC HEARING - RESOLUTIONS
10) 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. (11/17/08 - P.H.
& Action con't. to 12/1/08) (12/1/08 - Action
delayed 1 Week to 12/8/08) (12/8/08 - Action
delayed 1 week to 12/15/08) (12/15/08 - P.H.
Re-opened w/Action on 1/5/09) (MTA #1 ADOPTED,
6-0; ADOPTED AS AMENDED, 6-0; A-85193)
Fact Sheet (971K)
Attachment (521K)
11) 08R-319 Special Permit 384F - Application of Tabitha, Inc.
to amend the Tabitha Health Care Services special
permit to add an approximately 63-person assisted
living facility and to expand the boundary of the
campus to provide an additional 65 parking spaces,
with request to waive setbacks and height
requirements, on property generally located at
South 48th Street and Randolph Street.
(ADOPTED, 6-0; A-85194)
Fact Sheet (1177K)
12) 08R-320 Approving a three-year contract between the City
and Continuum Employee Assistance Training
Consulting for employee assistance program
services for a period beginning January 1, 2009
and ending December 31, 2011.
(ADOPTED, 6-0; A-85195)
Fact Sheet (40K)
Attachment (269K)
13) 08R-322 Assessing the Cost of Demolition of the Unsafe
Buildings at 1245 North 21st Street and 2040 South
18th Street. (MTA #1 ADOPTED, 6-0; ADOPTED AS
AMENDED, 6-0; A-85196)
Fact Sheet (83K)
Attachment (77K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 21 HAD 1ST READING)
14) 08-170 Change of Zone 08058 - Application of Brian and
Debra Marshall and Earl Visser for a change of
zone from R-2 Residential District to R-T
Residential Transition District on property
generally located at 3333 A Street and 3345 A
Street. (Related Items 08-170, 09R-8) (12/15/08
- 1st Reading Suspended; to be Introduced
1/5/09 w/UP 08002)
Fact Sheet (772K)
15) 09R-8 Use Permit 08002 - Appeal of Linda M. Witfoth
from the Planning Commission approval of Use
Permit 08002 to allow office and residential
uses as permitted uses on property located at
3333 A Street and 3345 A Street. (Related
Items 08-170, 09R-8) (Action Date: 1/26/09)
Fact Sheet (894K)
16) 09-1 Vacation 08004 - Vacating portions of Vine Street,
S Street, North 20th Street, R Street, North 18th
Street, the east-west alley in North 20th Street,
and the east-west alley in North 18th Street north
of Vine Street, generally located between North
18th Street and North 22nd Street and R Street to
Vine Street.
Fact Sheet (978K)
17) 09-2 Misc. 08014 - Vacating a portion of the Hyde Park
1st Addition final plat and adjacent public right-
of-way including Pawnee Street, 7th Street and the
north/south alley therein, generally located at
South 6th Street and Van Dorn Street.
Fact Sheet (174K)
18) 09-3 Change of Zone 08059 - Amending Chapter 27.69 of
the Lincoln Municipal Code relating to Signs by
amending Sections 27.69.047 and 27.69.049 to
eliminate restrictions regarding the location of
signs within 660 feet of a designed interstate and
repealing Sections 27.69.047 and 27.69.049 as
hitherto existing.
Fact Sheet (84K)
19) 09-4 Change of Zone 08060 - Amending Chapter 27.03 of
the Lincoln Municipal Code relating to zoning code
definitions by adding a new section numbered
27.03.634 to provide a definition for truck stop;
amending Sections 27.39.020 and 27.43.020 of the
Lincoln Municipal Code relating to permitted uses
in the H-1 Interstate Commercial District and H-3
Highway Commercial District, respectively, to add
truck stops as a permitted use in said district;
and repealing Section 27.39.020 and 27.43.020 as
hitherto existing.
Fact Sheet (150K)
20) 09-5 Change of Zone 08062 - Application of Lighthouse
for a change of zone from R-4 Residential District
to R-6 Residential District, on property generally
located east of the southeast corner of South 26th
Street and N Street.
Fact Sheet (183K)
21) 09-6 Change of Zone 08063 - Amending Section 27.69.090
of the Lincoln Municipal Code relating to permitted
signs for churches, schools and community playhouses
to conditionally allow an electronic changeable
copy sign fronting on an arterial street; and
repealing Section 27.69.090 as hitherto existing.
Fact Sheet (1224K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK, SEE ITEMS 29 & 30)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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) (Bill No. 08-
166/Ordinance No. 19191 passed 12/15/08 - Motion
to Withdraw Required) (WITHDRAWN, 6-0; #38-4582)
Fact Sheet (62K)
30) 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.
(12/1/08 - Placed on Pending Indefinitely)
(Request to remove from Pending for P.H. & Action
1/12/09) (TO REMOVE FROM PENDING FOR P.H.
& ACTION ON 1/12/09, 6-0)
Fact Sheet (20K)
Attachment (255K)
Attachment 2 (285K)
31) 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) (12/1/08 - Placed on Pending
Indefinitely)
Fact Sheet (131K)
32) 08R-311 Authorizing the City's negotiation team to present
the Labor Contract to IAFF Local 644 for the
period of August 21, 2008 through August 31, 2009
as the City's last best offer on the terms as
outlined in the proposed contract as Option 1.
(12/8/08 - P.H. & Action con't to 12/15/08)
(12/15/08 - Placed on Indefinite Pending)
Fact Sheet (139K)
Attachment (139K)
33) 08R-312 Authorizing the City's negotiation team to present
the Labor Contract to IAFF Local 644 for the
period of August 21, 2008 through August 31, 2009
as the City's last best offer on the terms as
outlined in the proposed contract as Option 2.
(12/8/08 - P.H. & Action con't to 12/15/08)
(12/15/08 - Placed on Indefinite Pending)
Fact Sheet (139K)
Attachment (139K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JANUARY 12, 2009 AT 1:30 P.M.:
(APPROVED, 6-0)
34) 09R-13 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2008.
Fact Sheet (14K)
Attachment (21K)
35) 09R-1 Appointing Matt McNair to the Lincoln
Electric System Administrative Board, to
replace Ron Melbye, for a three-year term
expiring December 31, 2011.
Attachment (37K)
36) 09R-4 Reappointing John "Jack" Lorenzen and Matt
Morrissey to the Water Conditioning Board of
Examiners for three-year terms expiring
September 4, 2011.
37) 09R-5 Reappointing James Lamphere to the Government
Access and Information Committee for a two-
year term expiring January 1, 2011.
38) 09R-6 Reappointing Dwight Brown Jr., Jim Elsener
and Greg Key to the Citizen Police Advisory
Board for three-year terms expiring November
17, 2011.
39) 09R-7 Reappointing Ken Svoboda to the District
Energy Corporation for a two-year term
expiring December 31, 2010.
40) 09R-10 Appointing James O'Hanlon to the Auditorium
Advisory Board for a term expiring August 31,
2014.
Attachment (54K)
41) 09R-11 Appointing Scott Hatfield to the Citizen Police
Advisory Board for a three-year term expiring
November 17, 2011.
Attachment (26K)
42) 09R-12 Appointing Alex Paine to the Parks and Recreation
Advisory Board for a term expiring June 1, 2009.
Attachment (53K)
43) 09R-2 Approving a Contract between the City and
Western Pathology Consultants, Inc. involving
the expenditure of money from appropriations
of more than one year for drug and alcohol
testing services for the period of January 1,
2009 through December 31, 2011.
Fact Sheet (40K)
Attachment (458K)
44) 09R-3 Approving and ratifying an Agreement between
the City, Lancaster County and the University
of Nebraska Board of Regents on behalf of the
College of Dentistry for the clinical
training of dental and dental hygiene
students at the Lincoln-Lancaster County
Health Department for a term of July 1, 2008
through June 30, 2011.
Fact Sheet (38K)
Attachment (323K)
45) 09R-9 Waiver 08008 - Application of Robert Snell to
waive the requirements of the Land Subdivision
Ordinance to install sidewalks along the west
side of South 39th Street abutting Lots 1 and 2,
Snell Addition, generally located at South
39th Street and Calvert Street.
Fact Sheet (456K)
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 (1/7/09) PRIOR TO THE NEXT FORMAL CITY COUNCIL
MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 1/12/09.
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. THE OPEN MICROPHONE
SESSIONS DURING THE MONTH OF JANUARY ARE THE 12TH AND 26TH.
ADJOURNMENT 2:20 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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