City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 2, 2009 AT 1:30 P.M.
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JANUARY, 2009 -
SGT. GREGORY SORENSEN OF THE CRIMINAL INVESTIGATIONS DIVISION
FOR THE LINCOLN POLICE DEPT. IN THE CATEGORY OF PRODUCTIVITY.
Anyone wishing to address an item on the Consent Agenda may do so at this time
ALL MEMBERS PRESENT
- PUBLIC HEARING -
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Approving the City of Lincoln's Investment
Activity report from the City Treasurer for the
fourth quarter, fiscal year 2007-08. (ADOPTED, 7-0;
A-85238)
PETITIONS & COMMUNICATIONS
2) Setting the Hearing Date of Monday, March
16, 2009 at 1:30 p.m. for Application of
Nguyen's Corp. dba Ambiance Nail Spa for a
Class C liquor license located at 2755
Jamie Lane #3. (ADOPTED, 7-0; A-85239)
3) Setting the Hearing Date of Monday, March 16,
2009 at 1:30 p.m. for Application of Dau &
Nguyen Properties, Inc. dba South Fast Break for
a Class B liquor license located at 1648 South
Street.(ADOPTED, 7-0; A-85240)
4) Setting the Hearing Date of Monday, March 16,
2009 at 1:30 p.m for Application of Robert Stark
dba The Ville Grille for a Class C liquor
license located at 2701 N. 48th Street, Ste. 4.
(ADOPTED, 7-0; A-85241)
5) Informal Petition for the creation of five
special assessment districts for installation of
water lines and one special assessment district
for installation of sanitary sewer lines east of
North 56th Street, from Salt Creek to I-80 submitted
by Mark Hunzeker. (REFERRED TO PUBLIC WORKS)
6) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 7 THRU 17 HAD 2ND READING)
7) 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)
Motion To Amend 1 (16K)
8) 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)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)
PUBLIC HEARING - RESOLUTIONS
18) 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. (AMENDED TO HAVE CONT. P. H. &
ACTION ON 3/9/09 FOR TAFOYA CLAIM, 4-3; CAMP,
EMERY, ESCHLIMAN, SVOBODA ASSENTING; COOK, MARVIN,
SPATZ DISSENTING; AMENDED TO HAVE CONT. P.H. & ACTION
ON 3/9/09 FOR REEDER CLAIM, 6-1; CAMP, COOK, EMERY,
ESCHLIMAN, MARVIN, SVOBODA ASSENTING; SPATZ DISSENTING;
ADOPTED AS AMENDED, 7-0; A-85242)
Fact Sheet (14K)
Attachment (21K)
19) 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.
(ADOPTED, 6-1; CAMP, EMERY, ESCHLIMAN, MARVIN,
SPATZ, SVOBODA ASSENTING; COOK DISSENTING; A-85243)
20) 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.(ADOPTED, 5-2; CAMP, COOK,
ESCHLIMAN, SPATZ, SVOBODA ASSENTING; EMERY, MARVIN
DISSENTING; A-85244)Fact Sheet (41K)
Attachment (122K)
21) 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.(ADOPTED, 7-0; A-85245)
Fact Sheet (378K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 22 HAD 1ST READING)
22) 09-33 Change of Zone 08072 Amending Title 27 of
the Lincoln Municipal Code relating to
zoning by amending Section 27.07.040,
27.09.040 and 27.49.040 to add excavation
and stone milling as a permitted special
use in the AG, AGR, and I-2 zoning
districts, respectively; by amending
Section 27.63.160 to allow excavation and
stone milling to be approved by special
permit in the AG, AGR, R-3, B-2, H-2, H-3,
H-4, and I-2 zoning districts and to
provide conditions governing said use;
amending Sections 27.15.040, 27.31.050,
27.35.020, 27.41.040, 27.43.040, 27.45.030,
27.47.030, and 27.51.030 to provide
consistency in the terminology used in each
section relating to excavation and stone
milling; by repealing Sections 27.63.310
and 27.63.360 in their entirety; and
repealing Sections 27.07.040, 27.09.040,
27.15.040, 27.31.050, 27.35.020, 27.41.040,
27.43.040, 27.45.030, 27.47.030, 27.49.040,
27.51.030, and 27.63.160 of the Lincoln
Municipal Code as hitherto existing.
Fact Sheet (194K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 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.
(PASSED, 7-0; #19207)
Fact Sheet (605K)
24) 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.(PASSED, 7-0; #19208)
Fact Sheet (213K)
Attachment (580K)
25) 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.(LOST, 1-6; SPATZ ASSENTING ; CAMP,
COOK, EMERY, ESCHLIMAN, MARVIN, SVOBODA DISSENTING;
#38-4589)
Fact Sheet (401K)
Attachment (1021K)
26) 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.(PASSED, 7-0; #19209)
Fact Sheet (234K)
Attachment (399K)
27) 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.(PASSED, 7-0; #19210)
Fact Sheet (295K)
Attachment (815K)
28) 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.(PASSED, 5-2; CAMP, EMERY, MARVIN,
SPATZ, SVOBODA ASSENTING; COOK, ESCHLIMAN
DISSENTING; #19211)
Fact Sheet (218K)
Attachment (438K)
29) 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.(AMENDED TO SPLIT INTO TWO
ORDINANCES, 7-0; PLACED 09-20A ON PENDING FOR
TWO WEEKS TO 3/16/09 FOR ACTION, 5-2; CAMP, COOK,
ESCHLIMAN, SPATZ, SVOBODA ASSENTING; EMERY, MARVIN
DISSENTING; PLACED 09-20B ON PENDING INDEFINITELY, 7-0)
Fact Sheet (220K)
Attachment (296K)
Motion To Amend 1 (11K)
30) 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.(PASSED, 7-0; #19212)
Fact Sheet (218K)
Attachment (379K)
31) 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.(PASSED, 7-0; #19213)
Fact Sheet (241K)
Attachment (526K)
32) 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.(PASSED, 7-0; #19214)
Fact Sheet (241K)
Attachment (760K)
33) 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.(PASSED, 7-0;
#19215)
Fact Sheet (80K)
Attachment (92K)
34) 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.(PASSED, 7-0; #19216)
Fact Sheet (181K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK; SEE ITEM #38)
35) 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)
36) 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)
37) 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)
38) 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) (To be Withdrawn should
Annexation 08021, Bill No. 09-23 be passed
by Council)
Fact Sheet (232K)
39) 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)
40) 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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 9, 2009 AT 1:30 P.M.:
NONE
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 MARCH ARE THE 9TH AND 30TH.
ADJOURNMENT 4:43 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
***