City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 6, 2009 AT 1:30 P.M.
ALL MEMBERS PRESENT
PRESENTATION BY LINCOLN POLICE CHIEF TOM CASADY
2009 JUSTICE ASSISTANCE GRANT
(Public Comments Are Welcomed)
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) Affidavit of Mailing for Board of Equalization
on the North 27th Street Maintenance Improvement
District and the University Place Maintenance
Business Improvement District. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 23, 2009. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, April 13,
2009 at 1:30 p.m. for the application of Metro
Food Mart, Inc. dba Leon's Food Mart for a Class
C liquor license located at 2200 Winthrop Road.
(ADOPTED, 7-0; A-85273)
4) Setting the hearing date of April 20, 2009 at
1:30 p.m. for the application of Casey's Retail
Company dba Casey's General Store #2745 for
reconstruction of a one story building approx.
95 ft. x 45 ft. located at 2243 North Cotner.
(ADOPTED, 7-0; A-85274)
5) THE FOLLOWING ITEMS HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Change of Zone No. 08074 - Req. of the
Director of Planning from I-1 Industrial
District to R-2 Residential District, P Public
Use District and H-3 Highway Commercial
District; from P Public Use District to H-3
Highway Commercial District; and from R-4
Residential District to P Public Use District on
property generally located at N. 27th Street and
Center Street.
Change of Zone No. 09004 - Req. of the
Director of Planning amending Chapter 27.61 of
the Lincoln Municipal Code relating to
Nonconforming and Nonstandard Uses by adding a
new section numbered 27.61.100 to establish
conditions for the expansion of a nonstandard
single-family or two-family dwelling into a
required yard in residential districts.
Change of Zone No. 09006 - Req. of the
Director of Urban Development to designate the
former North Branch Library as a landmark on
property generally located at N. 27th Street and
Center Street.
Change of Zone No. 09007 - Req. of the
Director of Planning, to amend the Building Line
District map by deleting the building line
district in Randolph Street from the centerline
of S. 46th Street to the west line of S. 47th
Street.
Change of Zone No. 09008 - App. of ESP on
behalf of Southeast Technical Community College
from P Public Use District to O-3 Office Park
District on property generally located at N.
90th Street and O Street.
Special Permit No. 08004A - App. of James
Peterson for an amendment to continue and expand
the excavation of sand, gravel and soil on
property generally located at N. 40th Street and
Waverly Road.
Special Permit No. 09004 - App. of Jose
Luis Meneses for the authority to sell alcoholic
beverages for consumption off the premises on
property generally located northeast of the
intersection of N. 1st and O Streets.
Use Permit No. 140C - App. of Menards,
Inc. for an amendment to Appian Way Regional
Center to adjust the required parking on
property generally located at S. 91st Street and
Heritage Lakes Drive.
Use Permit No. 09001 - App. of ESP on
behalf of Southeast Technical Community College
for approximately 125,000 square feet of medical
office space on property generally located at N.
90th Street and O Street.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 7
THRU 15 HAD 2ND READING)
7) 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.
8) 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)
9) 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)
10) 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)
11) 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)
12) 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)
13) 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)
Motion To Amend 1 (275K)
14) 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)
15) 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)
PUBLIC HEARING - RESOLUTIONS
16) 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. (ADOPTED, 7-0; A-85275)
Fact Sheet (52K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 17
THRU 19 HAD 1ST READING)
17) 09-42 Amending Chapter 14.29 of the Lincoln
Municipal Code relating to Use of Streets
for Private Construction Purposes by
amending Sections 14.29.020 and 14.29.030
to increase street use and meterhood permit
costs for private construction purposes;
and repealing Sections 14.29.020 and
14.29.030 of the Lincoln Municipal Code as
hitherto existing.
Fact Sheet (40K)
18) 09-43 Misc. 09003 - Amending Title 26 of the
Lincoln Municipal Code relating to the Land
Subdivision Ordinance by adding a new
Section 26.07.013 to add a definition for
access road; amending Section 26.11.060 to
modify the procedures to appeal from final
action of the Planning Director; amending
Section 26.23.140 to modify the requirement
that every lot shall front upon and have
access to a public street for lots which
front upon a major street; amending Section
26.31.010 to modify the requirements for
granting a waiver of land subdivision
requirements; and repealing Sections
26.11.060, 26.23.140, and 26.31.010 of the
Lincoln Municipal Code as hitherto
existing.
Fact Sheet (76K)
19) 09-45 Amending Chapter 14.32 of the Lincoln
Municipal Code relating to Special Events
by amending Section 14.32.020 to revise the
definition of special event to provide that
the definition not be limited to uses
currently set forth in that section;
amending Section 14.32.070 to expand the
public space in which no special permit
shall be issued beginning at 12:30 a.m. the
day of any University of Nebraska home
football game and continuing through
6:30 a.m. the following day; and repealing
Sections 14.32.020 and 14.32.070 of the
Lincoln Municipal Code as hitherto
existing.
Fact Sheet (14K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 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. (PASSED, 7-0; #19226)
Fact Sheet (742K)
Attachment (165K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK, SEE ITEM #27)
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)
27) 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) (REMOVED FROM PENDING FOR P.H.
ON 4/20/09 W/ACTION ON 4/27/09, 7-0)
Fact Sheet (220K)
Attachment (296K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, APRIL 13, 2009 AT 1:30 P.M.:
(APPROVED, 7-0)
28) 09R-52 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 -
31, 2009.
Fact Sheet (14K)
Attachment (23K)
29) 09R-53 Waiver No. 09001 - Request of the Planning
Director to waive the requirements of the Land
Subdivision Ordinance for paving of Q Street,
installation of sidewalks on Q Street and North
36th Street, and the installation of a street
tree within Spahn Addition, generally located at
North 36th Street and Q Street.
Fact Sheet (278K)
Memo (10K)
30) 09R-54 Approving a Funding Agreement between the City
and State Department of Roads so that the
identified projects will be eligible for Federal
Highway Stimulus Funds provided by the American
Recovery and Reinvestment Act of 2009 for a six-
lane divided concrete pavement, Project No.
LCLC-55(168), Antelope Valley North/South
Roadway, P Street to Vine Street.
Fact Sheet (13K)
Attachment (385K)
31) 09R-51 Approving the Creekside Village Redevelopment
Agreement between the City and Creekside
Village, Ltd., relating to the redevelopment of
property generally located on the west side of
10th and Military Road.
Fact Sheet (77K)
Attachment (1386K)
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 APRIL ARE THE 13TH AND 27TH.
ADJOURNMENT 3:00 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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