City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 9, 2009 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF FEBRUARY 2009 WAS
PRESENTED TO SCOTT HOLMES OF THE ENVIRONMENTAL HEALTH DIVISION
OF THE LINCOLN/LANCASTER HEALTH DEPARTMENT IN THE
CATEGORY OF PRODUCTIVITY
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 23, 2009. (PLACED ON FILE)
2) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of
February, 2009. (PLACED ON FILE)
3) Report from City Treasurer of City Cash on hand
at the close of business January 31, 2009.
(PLACED ON FILE)
4) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended January 31,
2009. (ADOPTED, 7-0; A-85246)
PETITIONS & COMMUNICATIONS
5) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone No. 05068A - App. of R.C.
Krueger Development for an amendment to The
Woodlands at Yankee Hill Planned Unit
Development with a change of zone from AG
Agriculture to R-3 PUD to add 25.69 acres to the
PUD and for approval of a development plan which
proposes modifications to the Zoning Ordinance
and Land Subdivision Ordinance to allow
approximately 31 dwelling units and a private
school in the underlying R-3 zoning on property
generally located at S. 70th Street and Yankee
Hill Road.
Change of Zone No. 09005HP - App. of
Miller Landscapes and Construction, Inc. for a
landmark designation on property located at
10901 Adams Street.
Special Permit No. 09002 - App. of Miller
Landscapes and Construction, Inc., Historic
Preservation for reuse of an existing historic
site as a landscaping contractors business on
property located at 10901 Adams Street.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Jade Rivers Restaurant Inc. dba
Jade Rivers for a Class C liquor license at 3940
Village Drive. (ADOPTED FOR APPROVAL, 7-0;
A-85247)
8) Manager application of Nguyen Thi Hoang Nguyen
for Jade Rivers Restaurant Inc. dba Jade Rivers
at 3940 Village Drive. (ADOPTED FOR APPROVAL, 7-0;
A-85248)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 9
HAD 2ND READING)
9) 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)
PUBLIC HEARING - RESOLUTIONS
10) 09R-30C 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. (3/2/09 - Claims of Tina Tafoya and
Michael Reeder - Con't P.H. to 3/9/09)
(ADOPTED, 7-0; A-85249)
Fact Sheet (14K)
Attachment (21K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
11) 09-34 Amending Chapter 8.20 of the Lincoln
Municipal Code relating to the Lincoln Food
Code by amending Section 8.20.030 to revise
and add definitions; amending Section
8.20.040 to create a uniform reference to
the Lincoln Food Code; amending Section
8.20.060 to create a uniform reference to
the Lincoln Food Code; repealing Section
8.20.070 relating to prohibited acts;
amending Section 8.20.100 to create a
uniform reference to the Lincoln Food Code;
amending Section 8.20.110 to clarify the
term for a temporary food establishment
permit; amending Section 8.20.120 to
provide exemptions to permit requirements
for specific food establishments; amending
Section 8.20.130 to create classifications
of temporary food establishments; amending
Section 8.20.140 to replace a reference to
a specific section with a reference to the
Lincoln Food Code; amending Section
8.20.150 relating to permit fees and
temporary food establishments; amending
Section 8.20.170 to replace a reference to
a specific section with a reference to the
Lincoln Food Code; repealing Section
8.20.180 relating to exemptions for food
sales by nonprofit organizations; amending
Section 8.20.190 to provide staffing and
records requirements for food
establishments; adding a new section
numbered 8.20.195 to set forth types of
food handler and food manager permits;
adding a new section numbered 8.20.197 to
establish requirements for submitting
applications for food handler and food
manager permits; repealing Section 8.20.200
relating to the duties of food mangers and
food handlers; amending Section 8.20.210 to
create a uniform reference to the Lincoln
Food Code; amending Section 8.20.220 to
create the term of food handler and food
manager permits; amending Section 8.20.230
to revise food handler and food manager
permit fees to reflect the change in
classifications; amending Section 8.20.245
to require that the Health Director be
notified if an employee is diagnosed with
or suspected of having Norovirus,
Enterohemorrhagic or Shiga Toxin-producing
Escherichia coli; amending Section 8.20.260
to clarify and organize the section and
provide uniform references to particular
terms; amending Sections 8.20.262 and
8.20.264 to clarify and organize
the sections for more convenient referencing;
amending Section 8.20.270 to add prohibited
acts; amending Section 8.20.280 to replace a
reference to a specific section and provide a
uniform reference to the Lincoln Food Code;
amending Section 8.20.290 to delete a reference
to a specific section and replace it with date
of suspension; amending Section 8.20.300 to
provide a uniform reference to Person In Charge
and Lincoln Food Code; amending Section 8.20.310
to delete a reference to license and provide a
uniform reference to the Lincoln Food Code;
amending Section 8.20.320 to provide for a
uniform reference to permit holder and Person In
Charge; amending Section 8.20.340 to provide a
uniform reference to the Lincoln Food Code and
to clarify that civil and criminal actions may
be taken; and repealing Sections 8.20.030,
8.20.040, 8.20.060, 8.20.100, 8.20.110,
8.20.120, 8.20.130, 8.20.140, 8.20.150,
8.20.170, 8.20.190, 8.20.210, 8.20.220,
8.20.230, 8.20.245, 8.20.260, 8.20.262,
8.20.264, 8.20.270, 8.20.280, 8.20.290,
8.20.300, 8.20.310, 8.20.320, and 8.20.340 of
the Lincoln Municipal Code as hitherto existing.
(request 2nd and 3rd reading on 3-16-09).
(Request for 2nd & 3rd Readings w/Action on 3/16/09)
(MOTION TO REQUEST FOR 2ND & 3RD READINGS
W/ACTION ON 3/16/09 FAILED, 3-4; ESCHLIMAN, SPATZ,
SVOBODA ASSENTING; CAMP, COOK, EMERY, MARVIN DISSENTING)
Fact Sheet (116K)
Attachment (117K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
12) 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.
(MTA #1 TO ACCEPT THE SUBSTITUTE ORDINANCE, 7-0;
PASSED AS AMENDED, 7-0; #19217)
Fact Sheet (54K)
Motion To Amend 1 (16K)
Substitute Motion To Amend (16K)
13) 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. (PASSED, 7-0; #19218)
Fact Sheet (257K)
14) 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. (PASSED, 7-0; #19219)
Fact Sheet (268K)
15) 09-29 Street Name Change 09001 - Renaming West
Stanton Street west of N.W. 48th Street as
Mike Scholl Street. (PASSED, 7-0; #19220)
Fact Sheet (340K)
Attachment (705K)
16) 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)
(PASSED, 4-3; CAMP, ESCHLIMAN, SPATZ, SVOBODA
ASSENTING; COOK, EMERY MARVIN DISSENTING; #19221)
Fact Sheet (276K)
17) 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) (MTA #1 TO ACCEPT THE
SUBSTITUTE RESOLUTION, 7-0; MTA #2 ADOPTED,
7-0; MTA #3 ADOPTED, 7-0; ADOPTED AS AMENDED,
4-3; CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING;
COOK, EMERY MARVIN DISSENTING; A-85260)
Fact Sheet (3095K)
Motion To Amend 1 (14K)
18) 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) (MTA #1 TO ACCEPT THE
SUBSTITUTE RESOLUTION, 7-0; ADOPTED AS
AMENDED, 4-3; CAMP, ESCHLIMAN, SPATZ, SVOBODA
ASSENTING; COOK, EMERY MARVIN DISSENTING; A-85261)
Fact Sheet (449K)
Motion To Amend 1 (15K)
19) 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.
(PASSED, 7-0; #19221)
Fact Sheet (13K)
20) 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)
(ADOPTED, 7-0; A-85262)
Attachment (608K)
21) 09-32 Authorizing the issuance of Series A and
Series B tax allocation bonds with a total
not to exceed $764,000.00 for the City of
Lincoln, Lincoln Flats/Bank of the West
Redevelopment Project. (Related Items:
09R-32, 09-32, 09R-33) (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19222)
Motion To Amend 1 (6K)
22) 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)
(ADOPTED, 7-0; A-85263)
Attachment (18K)
PENDING LIST - DATE CERTAIN
23) 09-20A Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing approximately
137 acres south of West O Street in the vicinity
of SW 48th Street. (3/2/09 - Action Delayed 2
weeks to 3/16/09)
Fact Sheet (220K)
Attachment (296K)
PENDING LIST (EXTENDED ONE WEEK)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 09-20B Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing approximately
106 acres north of Interstate 80 on both sides
of NW 48th Street. (3/2/09 - Placed on
Pending Indefinitely)
Fact Sheet (220K)
Attachment (296K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 16, 2009 AT 1:30 P.M.:
(APPROVED, 7-0)
30) 09R-39 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 16 -
28, 2009.
Fact Sheet (14K)
Attachment (21K)
31) 09R-34 Approving a Memorandum of Agreement Regarding
Funding, Construction, and Operation of the
Children's Play Area at Union Plaza between the
City and the Kinder Porter Scott Family
Foundation for development, maintenance and
funding of a children's play area generally
located near 21st Street between Q and R
Streets.
Fact Sheet (116K)
Attachment (117K)
32) 09R-35 Approving appropriations in the amount of
$76,424.00 from the operation of Keno Lottery
Funds for various human services.
Attachment (42K)
33) 09R-36 Approving the dedication of 13.67 acres of
property generally located at 70th Street and
Pine Lake Road for public park and public
outdoor recreational uses as required by the
Land and Water Conservation Fund Act of 1965 to
replace the loss of .2 acres of Mahoney Park
purchased with Land and Water Conservation Fund
for the Adams Street improvement project.
Fact Sheet (82K)
Attachment (133K)
34) 09R-37 Approving a Cooperation Agreement between the
City and The Nature Conservancy for the
continuance of the Saline Wetland Conservation
Partnership for the cooperative management of
the Implementation Plan for the Conservation of
Nebraska's Eastern Saline Wetlands for a three
year period beginning March 1, 2009 and
terminating February 28, 2012. (Related
Items: 09R-37, 09R-38)
Fact Sheet (50K)
Attachment (1538K)
35) 09R-38 Approving an Interlocal Cooperative Agreement
between the City, the Nebraska Game & Parks
Commission, and the Lower Platte South NRD for
the continuance of the Saline Wetland
Conservation Partnership for the management of
the Implementation Plan for the Conservation of
Nebraska's Eastern Saline Wetlands for a three
year period beginning March 1, 2009 and
terminating February 28, 2012. (Related
Items: 09R-37, 09R-38)
Fact Sheet (52K)
Attachment (1019K)
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 2:46 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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