City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 30, 2009 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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) Setting the hearing date of Monday, April 27,
2009, at 5:30 p.m. for Board of Equalization on
the North 27th Street Maintenance Improvement
District and the University Place Maintenance
Business Improvement District. (APPROVED, 6-0)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 16, 2009.(PLACED ON FILE)
3) Report of City Treasurer of Cash on Hand at the
close of business February 28, 2009. (PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the Hearing Date of April 13, 2009 for
application of Kuhr Mohr LLC dba Main Street Cafe‚
for a Class IK liquor license located at 1325
O Street.(ADOPTED, 6-0; A-85266)
5) Setting the Hearing Date of April 13, 2009 for
application of JTK LLC dba JTK Cuisine &
Cocktails for a Class C liquor license located
at 201 N. 7th Street.(ADOPTED, 6-0; A-85267)
6) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 7 HAD 2ND READING)
7) 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)
PUBLIC HEARING - RESOLUTIONS
8) 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.(ADOPTED, 6-0; A-85268)
Fact Sheet (14K)
Attachment (22K)
9) 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.(ADOPTED,
6-0; A-85269)
Fact Sheet (18K)
10) 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. (ADOPTED, 5-1; COOK, EMERY,
MARVIN, SPATZ, SVOBODA ASSENTING; ESCHLIMAN DISSENTING;
A-85270)
Fact Sheet (13K)
Attachment (90K)
11) 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.(ADOPTED, 5-1; COOK, EMERY, MARVIN,
SPATZ, SVOBODA ASSENTING; ESCHLIMAN DISSENTING;
A-85271)
Fact Sheet (13K)
Attachment (231K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THROUGH 20 HAD 1ST READING)
12) 09-36 Approving a contract between the City and Lincoln
Haymarket Development Corp. to operate and regulate
a Saturday public market in the Haymarket area, 7th
Street from P to Q Streets and P Street from 7th to
8th Streets from May 2, 2009 through October 10, 2009
and on 8th Street from P to Q Street from June 13, 2009
through August 8, 2009.
13) 09R-47 Approving the Phase I Antelope Valley Parkway
Plaza Triangle Redevelopment Agreement between
the City and Assurity Life Insurance Company
relating to the redevelopment of property
generally located between the future Antelope
Valley Parkway and Future Union Plaza, and Q and
R Streets in East Downtown Lincoln. (Related
Items: 09R-47, 09-37, 09-38, 09-41, 09R-48,
09R-49) (Action Date: 4/13/09)
Fact Sheet (17K)
Attachment (2753K)
14) 09-37 Vacation 09001 - Application of the Joint
Antelope Valley Authority and Assurity Life
Insurance Co. to vacate 20th Street between
S and Q Street; 21st Street between R and Q
Streets; R Street between proposed Antelope
Valley Parkway and 21st Street; S Street
between proposed Antelope Valley Parkway
and 20th Street; a portion of the east-west
alley, Block 4, Lincoln Driving Park
Company's 2nd Subdivision; and the east-
west alley in Block 7 and 8, Kinney's O
Street Addition, and retaining title in the
City of Lincoln. (Related Items:
09R-47, 09-37, 09-38, 09-41, 09R-48, 09R-49)
Fact Sheet (575K)
15) 09-38 Authorizing the issuance of a tax allocation bond
with a total not to exceed $7.2 million for the City
of Lincoln, Phase I Antelope Valley Parkway Plaza
Triangle Redevelopment Project. (Related Items:
09R-47, 09-37, 09-38, 09-41, 09R-48, 09R-49)
16) 09-41 Approving a Lease Agreement between the City and
Neighborhoods, Inc. dba NeighborWorks Lincoln for
the property located in Block 1 and 3, Deerfield
Subdivision, including the old Carnegie Library
and associated parking at 2121 N. 27th Street for
a 13 month term. (Related Items: 09R-47, 09-37,
09-38, 09-41, 09R-48, 09R-49)
Fact Sheet (57K)
Attachment (625K)
17) 09R-48 Approving the Antelope Village Project
Redevelopment Agreement between the City and
Neighborhoods, Inc. dba NeighborWorks Lincoln,
relating to the redevelopment of property
generally located between P and Q, 23rd and 24th
Streets. (Related Items: 09R-47, 09-37, 09-
38, 09-41, 09R-48, 09R-49) (Action Date:4/13/09)
Fact Sheet (70K)
Attachment (2347K)
18) 09R-49 Approving the Matt Talbot Kitchen and Outreach
Project Redevelopment Agreement between the City
and Matt Talbot Kitchen and Outreach, Inc.
relating to the redevelopment of property
generally located at 2121 N. 27th Street.
(Related Items: 09R-47, 09-37, 09-38,
09-41, 09R-48, 09R-49) (Action Date: 4/13/09)
Fact Sheet (59K)
Attachment (2424K)
19) 09-39 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 as hitherto existing.
Fact Sheet (16K)
20) 09-40 Amending Chapter 24.12 of the Lincoln
Municipal Code, the Plumbing Code, by
amending Section 24.12.020 relating to
requests for inspections by homeowners;
amending Section 24.12.025 to increase
plumbing permit fees; amending Section
24.12.030 relating to the Plumbing Board of
Appeals to provide for appeal hearing
procedures; amending Section 24.12.450 to
increase underground irrigation system
permit fees; and repealing Sections
24.12.020. 24.12.025, 24.12.030 and
24.12.450 of the Lincoln Municipal Code as
hitherto existing.
Fact Sheet (16K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
RESOLUTIONS - ACTION ONLY
21) 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. (3/23/09- Delayed 1
wk to 3/30 for Action Only) (AMENDMENT #2, 6-0;
ADOPTED SUBSTITUTE RESOLUTION, 6-0; A-85272)
Memo (8K)
Motion To Amend 1 (7K)
Motion To Amend 2 (466K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
22 ) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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, APRIL 6, 2009 AT 1:30 P.M.:
(APPROVED, 6-0)
29) 09R-50 Approving the utilization of the Financial
Accounting Standard 71 procedure to defer
approximately $9.7 million of 2008 costs related
to Sheldon Station and recover the costs through
LES rates and amortizing such costs over five
years.
Fact Sheet (52K)
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 6:12 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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