City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 16, 2009 AT 1:30 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 March 2, 2009. (PLACED ON FILE)
2) Annual Report for the Year 2008 prepared by City
Law Department dated March 4, 2009. (PLACED ON
FILE)
3) Report of City Treasurer of franchise tax for
the months of December 2008 and January 2009
from Black Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
4) Report of City Treasurer of franchise tax for
fourth quarter ended December 31, 2008 from Time
Warner Cable. (PLACED ON FILE)
5) Report of City Treasurer of Telecommunication
Occupation Tax for the quarter October 1, 2008
to December 31, 2009: TWC Digital Phone,
Reliance, MegaPath, Matrix, Deltacom, Reliance,
Startec Global, Southwest, OrbitCom; December
2008: Windstream Nebraska, Windstream Nebraska,
Windstream Systems of the Midwest, AT&T Comm.of
Midwest, New Cingular, Nebraska Technology,
Cricket, USCOC of Greater Iowa, TWC Digital
Phone, Trans National Comm., AccessLine, Virgin
Mobile USA, IDT Domestic, Verizon Long Distance,
XO Comm., Working Assets, Global Crossing,
AireSpring, Primus, McLeodUSA, TCG Omaha, PNG,
OnStar, Broadwing, Who's Calling, Qwest,
BullsEye, Granite, USCOC of NE/KS, Airnex,
CIMCO, ACN, Telecorp, UCN, Comtel Telcom Assets,
Verizon Select, HELIO, TracFone, Cincinnati
Bell,Globalstar USA, VoiceCom, Intellical
Operator, ATI, EarthLink, AirCell, Arizona
Telephony, New Edge, Network Billing, Guaranteed
Phone Service, NOSVA, Quantum Shift, Flying J,
KDDI America, IBM Global, LDMI, Norstan Network;
January 2009: Alltel Comm. of Nebraska, Alltel,
MCI, Cricket, D&D, D&D, GTC, Enhanced Comm.
Network, Tri-M, Zone, Lighyear Network
Solutions, SBC Long Distance, First
Communications, Globalcom, Wholesale Carrier,
360networks(USA), Nextel West, ATS Mobile
Telephone, Covista, BT Americas, Unite Private
Networks, 8x8, Qwest, Granite, AT&T Comm. of
Midwest, AT&T Comm. of Midwest, Budget Prepay,
Level 3, Level 3, TWC Digital Phone, ACN, Comtel
Telcom Assets, OrbitCom. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) THE FOLLOWING HAVE BEEN REFERRED TO PLANNING
DEPT:
Special Permit No. 09003 - requested by
Wiyual Ruach, for the sale of alcoholic
beverages for consumption on the premises
generally located at Russell Drive and
Cornhusker Highway.
Use Permit No. 105A - requested by Olsson
Associates, for an amendment to change the use
of Lots 1-16 to commercial use, to increase the
overall square footage, and to add a hotel, on
property generally located at N. 84th Street and
Holdrege Street.
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Dau and Nguyen Properties LLC dba
South Fast Break for a Class B liquor license at
1648 South Street. (ADOPTED FOR APPROVAL, 7-0;
A-85254)
9) Manager application of Paulina T. Nguyen for Dau
and Nguyen Properties LLC dba South Fast Break
at 1648 South Street. (ADOPTED FOR APPROVAL,
7-0; A-85255)
10) Application of Nguyen S Corporation dba Ambiance
Nail Spa for a Class C liquor license at 2755
Jamie Lane, Suite 3. (ADOPTED FOR APPROVAL,
7-0; A-85256)
11) Manager application of Paulina T. Nguyen for
Nguyen S Corporation dba Ambiance Nail Spa at
2755 Jamie Lane, Suite 3.(ADOPTED FOR APPROVAL,
7-0; A-85257)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 12 HAD 2ND READING)
12) 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 Sections8.20.262 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.
Fact Sheet (116K)
PUBLIC HEARING - RESOLUTIONS
13) 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.(ADOPTED, 7-0; A-85258)
Fact Sheet (14K)
Attachment (21K)
14) 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.(ADOPTED, 7-0; A-85259)
Fact Sheet (116K)
Attachment (117K)
15) 09R-35 Approving appropriations in the amount of
$76,424.00 from the operation of Keno Lottery
Funds for various human services.
(ADOPTED, 7-0; A-85260)
Attachment (42K)
16) 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.
(ADOPTED, 6-1; CAMP, COOK, EMERY, MARVIN,
SPATZ, SVOBODA ASSENTING; ESCHLIMAN DISSENTING;
A-85261)
Fact Sheet (82K)
Attachment (133K)
17) 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) (ADOPTED, 7-0; A-85262)
Fact Sheet (50K)
Attachment (1538K)
18) 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) (ADOPTED, 7-0; A-85263)
Fact Sheet (52K)
Attachment (1019K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
19) 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) (PLACED ON PENDING INDEFINITELY,
7-0.)
Fact Sheet (220K)
Attachment (296K)
20) 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.
(PASSED, 7-0; #19224)
Fact Sheet (194K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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 23, 2009 AT 1:30 P.M.:
(APPROVED, 7-0)
27) 09R-40 Approving an Interlocal Agreement between the
City and the Lower Platte South Natural
Resources District for the joint development of
a natural play space in Belmont Park
Fact Sheet (43K)
Attachment (72K)
28) 09R-41 Appointing Kathy McKillip to the Lincoln City
Library Board of Trustees for an unexpired
seven-year term expiring August 31, 2014
Attachment (182K)
29) 09R-42 Approving the acquisition by condemnation of
approximately 1.58 acres of property generally
located at S.W. 98th Street and West O Street
for a water well site for the Emerald Sanitary
and Improvement District.
Fact Sheet (382K)
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 2:10 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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