City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 13, 2009 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE JAMES BARE OF THE ENVIRONMENTAL PUBLIC HEALTH
DIVISION IN THE CATEGORY OF CUSTOMER RELATIONS
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) Resolution assessing the costs of the North
27th Street Maintenance Business Improvement
District against the benefitted properties.
(ADOPTED, 6-0; COOK ABSENT; A-85276)
2) Resolution assessing the costs of the University
Place Maintenance Business Improvement District
against the benefitted properties.(ADOPTED, 6-0;
COOK ABSENT; A-85277)
3) Clerk's Letter and Mayor's Approval of
ordinances and resolutions passed by Council on
March 30, 2009. (PLACED ON FILE)
4) Lincoln Water & WasteWater System recapitulation
of daily cash receipts for March 2009. (PLACED
ON FILE)
5) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended February 28,
2009. (ADOPTED, 6-0; COOK ABSENT; A-85278)
6) Report of franchise tax of Black Hills/Nebraska
Gas Utility Co., LLC for the month of February
2009. (PLACED ON FILE)
7) Report of Emergency 911 Occupation Tax for
January 2009: Vonage America, Vonage America;
February 2009: Networks Group, Vonage America,
Vonage America. (PLACED ON FILE)
8) Report of Telecommunication Occupation Tax for
the months of Oct. - Dec. 2008: Network US;
January 2009: Windstream Nebraska, Windstream
Systems of the Midwest, Nextel, Sprint, Sprint
Spectrum, Nebraska Technology & Telecomm., New
Cingular Wireless, USCOC of Greater Iowa, AT&T
Comm. of Midwest, TWC Digital Phone, Verizon
Wireless, CIMCO, IBM Global, Network Billing,
Quantum Shift, TON Services, KDDI America, NOS,
NOSVA, Norstan Network, Business, McLeodUSA,
Working Assets Funding, OnStar, Virgin Mobile
USA, ACN, UCN, Cellco Partnership, Qwest, Global
Crossing, Granite, Telecorp, Broadwing,
Spectrotel, Primus, Verizon Select, Trans
National, Sioux City MSA, Omaha Cellular,
Globalstar USA, Broadband Dynamics, Verizon Long
Distance, USCOC of NE/KS, XO Comm., EarthLink,
New Edge, VoiceCom, TCG Omaha, TracFone
Wireless, Intellicall Operator, Cincinnati Bell
Any Distance, ATI; February 2009: TWC Digital
Phone, AT&T of Midwest, 8x8, Qwest, Budget
Prepay, AT&T of Midwest, Comtel Telcom Assets,
Level 3, Level 3, ACN, Granite, Alltel, Alltel
of NE, D&D, Nextel, Sprint Spectrum, Cricket,
Sprint, MCI, SBC Long Distance, Covista, Yestel
USA, Wholesale Carrier, NOS, GlobalCom, First
Comm., 360networks (USA), Bus iness, Nextel
West, BT Americas, Unite Private Networks, ATS
Mobile, Lightyear Network Solutions, Tri-M,
Zone, Enhanced, GTC. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
9) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPT.:
Special Permit 08017A - App. of Gana
Trucking & Excavating, Inc. for an amendment to
continue the excavation of sand, gravel and soil
on property at Bluff Road and Highway 77.
Special Permit 09007 - App. of EcoTech
Energy Solutions for a wind turbine with request
to waive the maximum elevation from 40' to 50'
on property at 600 N. Cotner Boulevard.
10) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of JTK, LLC dba JTK Cuisine &
Cocktails for a Class C liquor license at 201 N.
7th Street. (ADOPTED FOR APPROVAL, 6-0; COOK ABSENT;
A-85279)
12) Manager application of Jason T. Kuhr for JTK,
LLC dba JK Cuisine & Cocktails at 201 N. 7th
Street. (ADOPTED FOR APPROVAL, 7-0;A-85280)
13) Application of Kuhr Mohr LLC dba Main Street
Caf‚ for a Class I and K Catering liquor license
at 1325 O Street.(ADOPTED FOR APPROVAL, 7-0;
A-85281)
14) Manager application of Jason T. Kuhr for Kuhr
LLC dba Main Street Caf‚ at 1325 O Street.
(ADOPTED FOR APPROVAL, 7-0; A-85282)
15) Application of Metro Food Mart Inc. dba Leon's
Food Mart for a Class C liquor license at 2200
Winthrop Road.(ADOPTED FOR APPROVAL, 7-0;
A-85283)
16) Manager application of Christopher I. Vorhies
for Metro Food Mart Inc. dba Leon's Food Mart at
2200 Winthrop Road. (ADOPTED FOR APPROVAL, 7-0;
A-85284)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 19 HAD 2ND 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)
PUBLIC HEARING - RESOLUTIONS
20) 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.(ADOPTED, 7-0; A-85285)
Fact Sheet (14K)
Attachment (23K)
21) 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.(MOTION TO AMEND
ADOPTED, 4-3; CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING;
COOK, EMERY, MARVIN DISSENTING; ADOPTED AS AMENDED, 4-3;
CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING; COOK, EMERY,
MARVIN DISSENTING; A-85286)
Fact Sheet (278K)
Memo (10K)
22) 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.(PUBLIC HEARING
& ACTION CONTINUED FOR ONE WEEK TO 4/20/09, 7-0)
Fact Sheet (13K)
Attachment (385K)
23) 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.(MOTION TO AMEND ADOPTED,
7-0; ADOPTED AS AMENDED, 7-0; A-85287)
Fact Sheet (77K)
Attachment (1386K)
Motion To Amend 1 (691K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 28 HAD 1ST READING)
24) 09-46 Vacation 08009 - Application of Nebraska
Acquisition Corp. to vacate the west 362
feet of the east-west alley between South
18th Street and South 20th Street and
between J Street and K Street.
Fact Sheet (199K)
25) 09-47 Annexation 08025 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 10 acres of property
generally located south and west of the
southwest corner of S.W. 48th Street and
West O Street. (Related Items: 09-47,
09-48, 09R-57)
Fact Sheet (243K)
Attachment (39K)
26) 09-48 Change of Zone 08061 - Application of
Shoemaker's Truck Station, Inc. for a
change of zone from AG Agricultural
District to H-3 Highway Commercial District
on property generally located south and
west of the southwest corner of S.W. 48th
Street and West O Street. (Related
Items: 09-47, 09-48, 09R-57)
Fact Sheet (323K)
27) 09R-57 Comp. Plan Conformity 09002 - Approving and
adopting a proposed amendment to the West O
Street Redevelopment Plan to add the "Shoemakers
Redevelopment Project" for construction of two
buildings on property generally located at the
southwest corner of S.W. 48th Street and West O
Street. (Related Items: 09-47, 09-48, 09R-
57) (Action Date: 4/27/09)
Fact Sheet (657K)
Attachment (313K)
28) 09-49 Authorizing the City of Lincoln, Nebraska
to enter into a lease-purchase transaction
with Union Bank and Trust Company, Lincoln,
Nebraska, for the acquisition of street
lighting equipment.
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 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.(PASSED, 7-0; #19227)
30) 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)
(ADOPTED, 7-0; A-85288)
Fact Sheet (17K)
Attachment (2753K)
31) 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) (PASSED, 7-0; #19228)
Fact Sheet (575K)
32) 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)
(MOTION TO AMEND ADOPTED, 7-0; PASSED AS AMENDED,
7-0; #19229)
Motion To Amend 1 (7K)
33) 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)(PASSED, 6-0; SPATZ ABSTAINED; #19230)
Fact Sheet (57K)
Attachment (625K)
34) 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)
(ADOPTED, 6-0; SPATZ ABSTAINED; A-85289)
Fact Sheet (70K)
Attachment (2347K)
35) 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)
(MOTION TO AMEND ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-85290)
Fact Sheet (59K)
Attachment (2424K)
Motion To Amend 1 (275K)
36) 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.
(ACTION DELAYED FOR TWO WEEKS W/CONT.
PUBLIC HEARING TO 4/27/09, 7-0)
Fact Sheet (16K)
37) 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.(PASSED, 7-0; #19231)
Fact Sheet (16K)
PENDING LIST - DATE CERTAIN
38) 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) (4/6/09 - To have
P.H. on 4/20/09 with Action on 4/27/09)
Fact Sheet (220K)
Attachment (296K)
PENDING LIST (See Bill No. 08-64)
(EXTENDED ONE WEEK; SEE ITEM 42)
39) 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)
40) 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)
41) 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)
42) 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) (Request of applicants to Withdraw)
(WITHDRAWN, 7-0; #38-4591)
Fact Sheet (291K)
43) 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)
44) 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, APRIL 20, 2009 AT 1:30 P.M.:
(APPROVED, 7-0)
45) 09R-55 Appointing Lisa Olivares to the Multicultural
Advisory Committee for a term expiring September
18, 2011.
Attachment (20K)
46) 09R-61 Approving the surplusing of $100,000.00 from the
Special Assessment Fund and the transfer to the
Fast Forward Fund and transfer and appropriation
in the Urban Development operating budget /
Contractual Services for operational expenses of
the Urban Development Downtown Retail
Implementation Project for the 2008/2009 fiscal
year. (Related Items: 09R-61, 09R-56)
Fact Sheet (46K)
47) 09R-56 Approving a Grant Agreement between the City on
behalf of the Urban Development Department and
the Downtown Civic Ventures to utilize
$100,000.00 from the Downtown Retail Implementation
Project to provide for operational expenditures in
implementing and maintaining a retail
recruitment and retention program in Downtown
Lincoln. (Related Items: 09R-61, 09R-56)
Fact Sheet (49K)
Attachment (226K)
Attachment 2 (50K)
48) 09R-58 Approving an Agreement between the City and the
Nebraska Dept. of Roads so that federal and
state funding may be used for improvements in
U.S. Highway 34 from Lincoln Air Park Spur S-55C
and extending east to the west edge of I-80
Interchange.
Fact Sheet (12K)
Attachment (245K)
49) 09R-59 Accepting and approving a contract between the
City and Fred Ehrlich to provide alfalfa bales
for the City of Lincoln Parks Department for
feed for the Elk and White Tail Deer.
Fact Sheet (55K)
Attachment (94K)
50) 09R-60 Approving the Memorandum of Agreement regarding
funding, renovation, and operation of Hazel Abel
Park between the City, Lincoln Parks Foundation
and Abel Foundation for funding a major
renovation and establishment of an endowment
fund for Hazel Abel Park located at South 18th
and E Streets.
Fact Sheet (65K)
Attachment (107K)
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 4:14 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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