City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 23, 2009 AT 5:30 P.M.
ALL MEMBERS PRESENT
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 the City
Council on February 2, 2009. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on February 9, 2009. (PLACED ON FILE)
3) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of January,
2009. (PLACED ON FILE)
4) Report from City Treasurer of City Cash on hand
at the close of business December 31, 2008.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, March 9,
2009 at 1:30 p.m. for the Application of Jade
Rivers Restaurant, Inc. dba Jade Rivers for a
Class C liquor license located at 3940 Village
Drive. (ADOPTED, 7-0; A-85224)
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Wiyual Ruach dba Johnny Disco for
a Class I liquor license at 5800 Cornhusker
Highway. (ADOPTED FOR DENIAL, 7-0; A-85225)
8) Application of GJJRB LLC dba The Spigot Lounge
for a Class C liquor license at 1624 O Street.
(ADOPTED FOR APPROVAL, 5-2; CAMP, EMERY, MARVIN,
SPATZ, SVOBODA ASSENTING; COOK, ESCHLIMAN DISSENTING;
A-85226)
9) Manager application of Randy A. Wilson, Jr. for
GJJRB LLC dba The Spigot Lounge at 1624 O
Street. (ADOPTED FOR APPROVAL, 6-1; CAMP, EMERY,
ESCHLIMAN, MARVIN, SPATZ, SVOBODA ASSENTING;
COOK DISSENTING; A-85227)
10) Application of El Platanar, Inc. dba La
Tapatilla for a Class C liquor license at 1037 L
Street. (ADOPTED FOR APPROVAL, 7-0; A-85228)
11) Manager application of Guillermo Haro for El
Platanar, Inc. dba La Tapatilla at 1037 L
Street. (ADOPTED FOR APPROVAL, 7-0; A-85229)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12
THRU 23 HAD 2ND READING)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
PUBLIC HEARING - RESOLUTIONS
24) 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. (MTA #1 ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-85230)
Fact Sheet (14K)
Attachment (22K)
Motion To Amend 1 (3K)
25) 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. (ADOPTED, 7-0;
A-85231)
Fact Sheet (484K)
Attachment (616K)
26) 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.
(ADOPTED, 7-0; A-85232)
Fact Sheet (436K)
27) 09R-22 Approving and ratifying the labor contract
between the City of Lincoln and the Lincoln
Firefighters Association effective August 21,
2008. (ADOPTED, 5-2; COOK, EMERY, ESCHLIMAN,
MARVIN, SVOBODA ASSENTING; CAMP, SPATZ
DISSENTING; A-85233)
Fact Sheet (136K)
Attachment (146K)
28) 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. (ADOPTED, 6-1; COOK, EMERY,
ESCHLIMAN, MARVIN, SPATZ, SVOBODA ASSENTING;
CAMP DISSENTING; A-85234)
Fact Sheet (50K)
29) 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. (ADOPTED, 7-0; A-85235)
Attachment (130K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 30
THRU 40 HAD 1ST READING)
30) 09-26 Amending Chapter 23.10 of the Lincoln
Municipal Code, the Lincoln Electrical
Code, by amending Section 23.10.010 to
adopt the 2008 Edition of the National
Electrical Code; amending Section 23.10.140
relating to electrical permits to allow for
routine maintenance without a permit;
amending Section 23.10.160 relating to
installation by homeowner for branch
circuit and feeder wiring; amending Section
23.10.190 relating to requests for
inspections by homeowners; amending
Section 23.10.290 relating to wiring
methods requiring separate conductors
for grounding, PVC coating for metallic
raceways, and installation of alternate energy
sources; amending Section 23.10.300 relating to
service disconnections and metering
requirements; and repealing in their entirety,
Sections 23.10.310, 23.10.312, 23.10.320,
23.10.323, 23.10.324, 23.10.327, 23.10.329,
23.10.330, 23.10.331, 23.10.332, 23.10.333,
23.10.335, 23.10.337, 23.10.340, 23.10.345,
23.10.347, 23.10.350, 23.10.351, 23.10,353,
23.10.355, 23.10.380, 23.10.385, 23.10.390,
23.10.393, 23.10.395, 23.10.400, 23.10.402,
23.10.410, 23.10.417, 23.10.420, 23.10.425,
23.10.430, 23.10.440, 23.10.457, 23.10.458,
23.10.459, 23.10.460, 23.10.470, 23.10.475,
23.10.480, 23.10.490, 23.10.495, 23.10.500 to
delete specific sections of the 2002 National
Electrical Code previously amended or deleted in
the Lincoln Electrical Code; amending Section
23.10.510 relating to code coordination with the
international Codes; and repealing Section
23.10.010, 23.10.140, 23.10.160, 23.10.190,
23.10.290, 23.10.300, and 23.10.510 of the
Lincoln Municipal Code as hitherto existing.
Fact Sheet (54K)
31) 09-27 Vacation 08011 - Vacating southbound
Tallgrass Parkway from the north right-of-
way line of Aster Road north to the end of
the right-of-way and Penrose Drive from the
west right-of-way line of northbound
Tallgrass Parkway west to the end of the
right-of-way, retaining title thereto, and
authorizing the exchange thereof to NEBCO
for new right-of-way being dedicated for
the new alignment of Tallgrass Parkway and
Penrose Drive.
Fact Sheet (257K)
32) 09-28 Vacation 05007 - Vacating a portion of
Stockwell Street west of South 52nd Street
within the Union College Campus, retaining
title thereto, and authorizing the sale
thereof to Union College.
Fact Sheet (268K)
33) 09-29 Street Name Change 09001 - Renaming West
Stanton Street west of N.W. 48th Street as
Mike Scholl Street.
Fact Sheet (340K)
Attachment (705K)
34) 09-30 Change of Zone 08073 - Application of South
Ridge Village, LLC, for a change of zone
from R-3 Residential District to O-3 Office
Park District on property generally located
at South 29th Street and Porter Ridge Road.
(Related Items: 09-30, 09R-28, 09R-29)
Fact Sheet (276K)
35) 09R-28 Special Permit 08052 - Application of South
Ridge Village, LLC, to develop an early
childhood care facility for 130 children with a
request to waive the requirement to be located
on an arterial street, generally located at
South 29th Street and Porter Ridge Road.
(Related Items: 09-30, 09R-28, 09R-29)
(Action Date: 3/9/09)
Fact Sheet (3095K)
36) 09R-29 Use Permit 100B - Application of South Ridge
Village, LLC, to expand the South Ridge Village
Use Permit on property generally located at
South 29th Street and Porter Ridge Road.
(Related Items: 09-30, 09R-28, 09R-29)
(Action Date: 3/9/09)
Fact Sheet (449K)
37) 09-31 Amending Sections 7.04.050 and 7.04.200 of
the Lincoln Municipal Code to remove Stand-
by Ambulance Service from the definition of
Emergency Ambulance Service and limit the
definition of Stand-by Ambulance Service;
and repealing Sections 7.04.050 and
7.04.200 as hitherto existing.
Fact Sheet (13K)
38) 09R-32 Approving the Lincoln Flats/Bank of the West
Redevelopment Agreement between Concorde
Management and Development, Inc. and the city
relating to the redevelopment of property
generally located between 13th and 14th Streets,
on the north side of O Street.(Related Items:
09R-32, 09-32, 09R-33) (Action Date: 3/9/09)
Attachment (608K)
39) 09-32 Authorizing the issuance of Series A and
Series B tax allocation bonds with a total
not to exceed $614,000.00 for the City of
Lincoln, Lincoln Flats/Bank of the West
Redevelopment Project. (Related Items:
09R-32, 09-32, 09R-33)
40) 09R-33 Approving Amendment No. 1 to the University
Square Redevelopment Agreement between Concorde
Management and Development, Inc., Foundation for
Education Services, Inc., University Towers
Condominium Association, and the City relating
to the private sector parking arrangement at the
University Square Parking Garage at 14th and O
Streets. (Related Items: 09R-32, 09-32,
09R-33) (Action Date: 3/9/09)
Attachment (18K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
41) 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.
(MTA #1 ADOPTED, 6-1; CAMP, COOK, EMERY, ESCHLIMAN,
MARVIN, SPATZ ASSENTING; SVOBODA DISSENTING; PASSED
AS AMENDED, 6-1; CAMP, COOK, EMERY, ESCHLIMAN, MARVIN,
SPATZ ASSENTING; SVOBODA DISSENTING; #19204)
Fact Sheet (12K)
Attachment (489K)
42) 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) (ADOPTED, 6-0; SPATZ
ABSTAINING; A-85236)
Fact Sheet (228K)
Attachment (598K)
Memo (96K)
43) 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)
(MTA #1 ADOPTED, 6-0; SPATZ ABSTAINING;
PASSED AS AMENDED, 6-0; SPATZ ABSTAINING;
#19205)
Fact Sheet (289K)
Attachment (155K)
Motion To Amend 1 (6K)
44) 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)
(ADOPTED, 7-0; A-85237)
Fact Sheet (352K)
Attachment (961K)
Memo (70K)
45) 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)
(PASSED, 7-0; #19206)
Fact Sheet (202K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (SEE ITEMS 52 & 53, ALL OTHER ITEMS EXTENDED ONE WEEK)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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) (WITHDRAWN, 7-0; #38-4587)
Fact Sheet (1795K)
53) 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) (WITHDRAWN, 7-0; #38-4588)
Fact Sheet (139K)
Attachment (139K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 2, 2009 AT 1:30 P.M.:
(APPROVED, 7-0)
54) 09R-30 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 1 -
15, 2009.
Fact Sheet (14K)
Attachment (21K)
55) 09R-31 Declaring the official intent of the City to
reimburse certain expenses in connection with
the acquisition, purchase and installation of
light poles from the proceeds of City of
Lincoln, Nebraska Certificates of Participation.
56) 09R-26 Accepting and approving a contract between the
City and Premier Catering to provide catering
services for the Lincoln-Lancaster County Health
Department's Annual Meeting and Awards Ceremony
on April 17, 2009.
Fact Sheet (41K)
Attachment (122K)
57) 09R-27 Approving the acquisition of approximately 7.52
acres of property generally located south of the
intersection of Sutherland Street and Yankee
Hill Road by the Parks and Recreation Department
for public use.
Fact Sheet (378K)
At the 2/9/09 City Council Organizational Meeting, the
Register to Speak Session was repealed by a consensus of
members present.
Please note: During the Open Microphone Session of the
agenda, individuals are allowed a total of 5 minutes to speak
regardless of number of topics. The Open Microphone Session is
available on the 2nd & Last Monday of each month.
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 9:32 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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