City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 23, 2009 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP AND ESCHLIMAN
Anyone wishing to address an item on the Consent Agenda may do so at this time
MAYOR'S ANNUAL AWARD OF EXCELLENCE FOR 2008 WAS PRESENTED TO
CYNTHIA KOENIG-WARNKE OF THE LINCOLN POLICE DEPARTMENT -
HONORABLE MENTION WAS PRESENTED TO GREGORY TOPIL OF THE
ENGINEERING SERVICES DIVISION OF THE PUBLIC WORKS & UTILITIES
DEPARTMENT
- PUBLIC HEARING -
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) 09R-41 Appointing Kathy McKillip to the Lincoln City
Library Board of Trustees for an unexpired seven-
year term expiring August 31, 2014.
(ADOPTED, 5-0; A-85264)
Attachment (182K)
2) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on March
9, 2009. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
NONE
3) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
4) 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.
(ADOPTED, 5-0; A-85265)
Fact Sheet (43K)
Attachment (72K)
5) 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. (ACTION DELAYED FOR ONE
WEEK TO 3/30/09, 5-0)
Fact Sheet (382K)
Memo (8K)
Motion To Amend 1 (7K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 6
HAD 1ST READING)
6) 09-35 Change of Zone 09005HP - Application of
Nebraska State Historical Society Foundation
and Miller Landscapes and Construction, Inc.
to designate the Weese Farmstead, generally
located at 10901 Adams Street, as a Landmark.
Fact Sheet (742K)
Attachment (165K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
7) 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. (PASSED, 5-0; #19225)
Fact Sheet (116K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
8) 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)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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) (3/16/09 - Placed on Pending
Indefinitely)
Fact Sheet (220K)
Attachment (296K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 30, 2009 AT 5:30 P.M.:
(APPROVED, 5-0)
15) 09R-46 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 1 - 15,
2009.
Fact Sheet (14K)
Attachment (22K)
16) 09R-43 Waiving the City's right to object to the validity
to the subdivision of two parcels of land within
Lot 296 I.T., now known as Lot 306 I.T. and Lot
307 I.T., in the Northeast Quarter of Section 22,
Township 10 North, Range 6 East, pursuant to the
Decree entered by District Judge Paul D. Merritt
in the matter of Trina L. Thomas v. Capitol Beach
Community Association.
Fact Sheet (18K)
17) 09R-44 Approving an Interlocal Agreement between the City
and the Railroad Transportation Safety District
providing for RTSD Funding for the South Salt
Creek Quiet Zone, the City's acceptance of
ownership and maintenance of the safety
improvements constructed at 1st & J and 3rd & D
and the City's closure of crossings at 2nd & J
and 3rd & J.
Fact Sheet (13K)
Attachment (90K)
18) 09R-45 Approving an Interlocal Agreement between the City
and the Railroad Transportation Safety District
providing for RTSD Funding for the South Lincoln
Quiet Zone and the City's acceptance of ownership
and maintenance of the safety improvements
constructed at Park Boulevard, South Street,
Pioneers Boulevard, Old Cheney Road, South 14th
Street and Saltillo Road.
Fact Sheet (13K)
Attachment (231K)
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 2:09 P.M.
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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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