City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 9, 2009 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
FEBRUARY 16TH IN OBSERVANCE OF PRESIDENTS'DAY
ALL MEMBERS PRESENT EXCEPT JONATHAN COOK WHO ARRIVED AT 2:18 P.M
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
January 26, 2009. (PLACED ON FILE)
2) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended December 31,
2008. (ADOPTED, 7-0; A-85217)
3) Report from City Treasurer of Telecommunication
Occupation Tax for the month of October 2008:
Nebraska Technology & Telecomm.; October -
December 2008: AmeriVision, iNetworks Group,
Digizie.com, The Sienna Group, Enhanced, NECC,
Association Administrators, T- Mobile Central,
OPEX, Windstream, Comtech 21; November 2008:
Qwest, Granite, TWC Digital Phone, New Cingular
Wireless, USCOC of Greater Iowa, AT&T Comm. of
Midwest, Cricket, Windstream Nebraska,
Windstream Systems of the Midwest, Nebraska
Technology & Telecomm., AT&T Comm. of Midwest,
Granite, Level 3, UCN, CIMCO, KDDI America,
Verizon Select Services, McLeodUSA, Qwest, Trans
National Comm. Int'l, Broadband Dynamics,
Cincinnati Bell, OnStar, Broadwing, Global
Crossing, Working Assets, USCOC of NE/KS,
Primus, TCG Omaha, Virgin Mobile USA, Verizon
Long Distance, Granite, Telecorp, ACN, VoiceCom,
ATI, TracFone Wireless, New Edge Networks, XO
Comm., EarthLink, Globalstar USA, Intellicall
Operator Services, Business Prod. Solutions,
Quantum Shift, IBM Global, TON Services;
December 2008: Access2Go, AT&T Comm. of Midwest,
TWC Digital Phone, Nextel West, Budget Prepay,
Unite Private Networks, ATS Mobile, 360networks,
Globalcom, First Comm., SBC Long Distance,
Covista, Wholesale Carrier, NOS, Business
Telecom, Enhanced Comm. Network, Zone, 800
Response Information, BT Americas, Tri-M, GTC,
Lightyear Network, Talk America, Nextel, MCI,
Sprint, Sprint Spectrum, D&D, Alltel, Alltel
Comm.of NE, Budget Prepay, Comtel Telcom Assets,
AT&T Comm. of Midwest, ACN, 8x8, Level 3, Qwest.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the Hearing Date of Monday, February 23,
2009 at 5:30 p.m. for Application of Wiyual
Ruach dba Johnny Disco for a Class I liquor
license located at 5800 Cornhusker Hwy.
(ADOPTED, 7-0; A-85218)
5) Setting the Hearing Date of Monday, February 23,
2009 at 5:30 p.m. for Application of El Planatar
Inc. dba La Tapatilla for a Class C liquor
license located at 1037 L Street. (ADOPTED, 7-0;
A-85219)
6) Setting the Hearing Date of Monday, February 23,
2009 at 5:30 p.m. for Application of GJJRB LLC
dba The Spigot Lounge for a Class C liquor
license located at 1624 O Street.(ADOPTED, 7-0;
A-85220)
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of red9, LLC dba red9 for a Class C
liquor and Class K catering license at 322 South
9th Street. (ADOPTED FOR APPROVAL, 7-0; A-85221)
9) Manager application of Troy D. Peterson for
red9, LLC dba red9 at 322 South 9th Street.
(ADOPTED FOR APPROVAL, 7-0; A-85222)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 14 HAD 2ND READING)
10) 09-11 Approving a four year/5,000 hour lease
agreement with a buy out option between the
City and 1st Source Bank for the lease of
one four-wheel street sweeper for sweeping
of residential and arterial streets.
Fact Sheet (12K)
Attachment (489K)
11) 09R-17 Comp. Plan Conformity 08028 - Approving and
adopting proposed amendments to the Antelope
Valley Redevelopment Plan to add the "Antelope
Village Project" for redevelopment of the block
between 23rd and 24th Streets, P and Q Streets,
for an office/condominium building to include
office space, a community room, workout
facilities, 8 to 10 condo units on the second
and third floors and 18 townhouses for home
ownership. (Related Items: 09R-17, 09-12)
(Action Date: 2/23/09)
Fact Sheet (228K)
Attachment (598K)
Memo (96K)
12) 09-12 Change of Zone 08066 - Application of the
Planning Director for a Planned Unit
Development District designation for the
Antelope Village PUD and modifications to
the standards of the underlying zoning
district, subdivision ordinance and design
standards, for dwellings on the first floor
in the B-3 district, reduction of front and
rear setbacks, increase in height limit for
the R-6 district, reduction of lot area for
two-family, townhouses and multiple
dwellings, reduction of parking
requirements in the R-6 district, porches
in the required front yard, prohibit off
premises signs, prohibit pole signs and
allow increased area for ground signs, over
a four-block area from N. 22nd Street to N.
24th Street and from P Street to R Street.
(Related Items: 09R-17, 09-12)
Fact Sheet (289K)
Attachment (155K)
Motion To Amend 1 (6K)
13) 09R-19 Comp. Plan Conformity 08026 - Approving and
adopting a proposed amendment to the North 27th
Street Corridor and Environs Redevelopment Plan
to add the "Little Saigon Commercial Development
Project" for an approximately 8,400 sq. ft.
commercial/retail building, on property
generally located at North 26th Street and W
Street. (Related Items: 09R-19, 09-13)
(Action Date: 2/23/09)
Fact Sheet (352K)
Attachment (961K)
Memo (70K)
14) 09-13 Change of Zone 08067 - Application of the
Urban Development Department for a change
of zone from I-1 Industrial District and R-
6 Residential District to B-3 Commercial
District on property owned by T. Nguyen
Hung, generally located between N. 26th
Street and N. 27th St., north of W Street.
(Related Items: 09R-19, 09-13)
Fact Sheet (202K)
PUBLIC HEARING - RESOLUTIONS
15) 09R-18 Comp. Plan Conformity 08027 - Approving and
adopting a proposed amendment to the North 27th
Street Corridor and Environs Redevelopment Plan
to add the "Matt Talbot Kitchen and Outreach
Project" to renovate the existing Carnegie
Library and construct an additional
approximately 9,000 square foot building and
related parking generally located at 2121 N.
27th Street. (ADOPTED, 7-0; A-85223)
Fact Sheet (469K)
Attachment (555K)
Memo (79K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 27 HAD 1ST READING)
16) 09-14 Change of Zone 08070 - Application of the
Historic Preservation Commission on behalf
of Church of the Nazarene to designate the
Standard Oil Company Barn and Garage at
1219 North 14th Street as a historic
landmark and to change the zoning from I-1
Industrial to B-3 Commercial District.
Fact Sheet (605K)
17) 09-15 Annexation No. 08009 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 105.4 acres of property
generally located at North 84th Street and
Cornhusker Highway.
Fact Sheet (213K)
Attachment (580K)
18) 09-16 Annexation No. 08010 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 443 acres of property
generally located from South 66th Street to
South 84th Street, from Pine Lake Road to
the railroad tracks north of Yankee Hill
Road.
Fact Sheet (401K)
Attachment (1021K)
19) 09-17 Annexation No. 08012 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 22.2 acres of property
generally located southwest of the
intersection of South 27th Street and
Rokeby Road and northeast of the
intersection of South 27th Street and
Rokeby Road.
Fact Sheet (234K)
Attachment (399K)
20) 09-18 Annexation No. 08014 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 145.2 acres of property
generally located at South 1st Street and
Van Dorn Street and South 6th Street and
Pioneers Boulevard.
Fact Sheet (295K)
Attachment (815K)
21) 09-19 Annexation No. 08015 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 117 acres of property
generally located near South Folsom Street
from West Prospector Place to West Pioneers
Boulevard.
Fact Sheet (218K)
Attachment (438K)
22) 09-20 Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 243.1 acres of property
generally located at N.W. 48th Street and
Interstate 80.
Fact Sheet (220K)
Attachment (296K)
23) 09-21 Annexation No. 08017 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 32.2 acres of property
generally located at N.W. 40th Street and
West Adams Street.
Fact Sheet (218K)
Attachment (379K)
24) 09-22 Annexation No. 08018 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 6.8 acres of property
generally located at N.W. 12th Street and
U.S. Highway 34.
Fact Sheet (241K)
Attachment (526K)
25) 09-23 Annexation No. 08021 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 133.8 acres of property
generally located at North 44th Street and
Superior Street.
Fact Sheet (241K)
Attachment (760K)
26) 09-24 Approving the lease agreement between the
City and Slick Graphix for the lease of
office space by the Lincoln Area Agency on
Aging for its Lincoln Information for the
Elderly (LIFE) Program at 370 Fifth Street,
David City, NE 68632 for a term of March 1,
2009 through February 28, 2010.
Fact Sheet (80K)
Attachment (92K)
27) 09-25 Vacation 08012 - Application of Hung T.
Nguyen and Thuy Le Nguyen to vacate that
portion of the east-west alley in Block 8,
Tresters Addition, from the east line of
North 26th Street to the west line of the
vacated north-south alley (extended) in
said Block 8, Tresters Addition, generally
located between N. 26th Street and N. 27th
Street, north of W Street.
Fact Sheet (181K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 09-7 Change of Zone No. 08064 - Amending Section
27.11.080 of the Lincoln Municipal Code
relating to height and area regulations in
the R-1 Residential District to reduce
required side yards of single-family
dwelling lots in existence on November 2,
1953 to a width of not less than ten
percent of the width of the lot, but not
less than five feet; and repealing Section
27.11.080 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 7-0; #19200)
Fact Sheet (14K)
29) 09-8 Change of Zone No. 08069 - Application of
the Planning Director to reduce the
Building Line District from 125 feet to 105
feet adjacent to the residential component
of Apple's Way Planned Unit Development
generally located at South 66th Street and
Highway 2. (Related Items: 09-8, 09-9)
(PASSED, 7-0; #19201)
Fact Sheet (257K)
30) 09-9 Change of Zone No. 05026B - Application of
Apple's Way, LLC, for expansion of Apple's
Way PUD to include Outlot E, Artisan
Meadows Addition, and to adjust setbacks
for a subdivision identification sign on
property generally located at South 66th
Street and Highway 2. (Related Items 09-8,
09-9)(PASSED, 7-0; #19202)
Fact Sheet (554K)
31) 09-10 Adopting the supplements to the Lincoln
Municipal Code dated June, 2008 and
December, 2008 as part of the official
Lincoln Municipal Code. (PASSED, 7-0; #19203)
Fact Sheet (17K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 08-111 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 (1795K)
39) 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, FEBRUARY 23, 2009 AT 5:30 P.M.:
(APPROVED, 7-0)
40) 09R-25 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 16 -
31, 2009.
Fact Sheet (14K)
Attachment (22K)
41) 09R-20 Misc. No. 08015 - Declaring the South Capitol
Redevelopment Area as blighted and substandard
consisting of approximately 287 acres generally
bounded by 8th Street to 18th Street, between
Euclid Avenue and G Street.
Fact Sheet (484K)
Attachment (616K)
42) 09R-21 Special Permit No. 310D - Application of The
Ambassador Lincoln to adjust the allowed height
and side setback requirements to allow for the
renovation and expansion of the existing health
care facility, on property generally located
south of the intersection of South Cotner
Boulevard and Normal Boulevard.
Fact Sheet (436K)
43) 09R-22 Approving and ratifying the labor contract
between the City of Lincoln and the Lincoln
Firefighters Association effective August 21,
2008.
Fact Sheet (136K)
Attachment (146K)
44) 09R-23 Approving a transfer of appropriations in the
amount of $427,458 within the 2008-2009
operating budget from General Expense/Shared
Services - Corrections to various accounts in
the Lincoln Fire and Rescue, Building and Safety
Departments and the Social Security budgets to
cover additional amounts needed for the 2008-
2009 contract with the International Association
of Firefighters.
Fact Sheet (50K)
45) 09R-24 Approving a Conservation Easement Agreement
between David C. Lange and the City of Lincoln
regarding David C. Lange's conveyance of a
permanent conservation easement to the City of
Lincoln to preserve the flood storage capacity
on Lot 3, Block 5, Mechanic's Addition,
generally located at S.W. 1st Street and West E
Street.
Attachment (130K)
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 (2/18/09) PRIOR TO
THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN
MICROPHONE SESSION WHICH IS 2/23/09.
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 FEBRUARY ARE THE 9TH AND 23RD.
ADJOURNMENT 4:30 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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