City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 20, 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) 09R-55 Appointing Lisa Olivares to the Multicultural
Advisory Committee for a term expiring September
18, 2011. (ADOPTED, 7-0; A-85291)
Attachment (20K)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 6, 2009. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, May 4, 2009
at 1:30 p.m. for the application of Patricia
Sanchez dba Las Herraduras for a Class C liquor
license located at 100 N. 1st Street, Suites 3 & 4.
(ADOPTED, 7-0; A-85292)
4) Setting the hearing date of Monday, May 4, 2009
at 1:30 p.m. for the application of Box Awesome,
LLC dba Box Awesome's Bourbon Theatre for a
Class C liquor license located at 1415 O Street.
(ADOPTED, 7-0; A-85293)
5) Setting the hearing date of Monday, May 4, 2009
at 1:30 p.m. for the application of Andrew Hubka
dba Woodees for a Class C liquor license located
at 2001 West O Street. (ADOPTED, 7-0; A-85294)
6) Setting the hearing date of Monday, May 4, 2009
at 1:30 p.m. for the application of Wiyual Ruach
dba Johnny Disco for a Class I liquor license
located at 5800 Cornhusker Hwy. Building, Suites
10 & 11. (ADOPTED, 7-0; A-85295)
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Casey's Retail Company dba
Casey's General Store #2745 to expand its
licensed premises for the reconstruction of the
whole 95' by 45' building located at 2243 North
Cotner Blvd. (ADOPTED FOR APPROVAL, 7-0; A-85296)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9
THRU 14 HAD 2ND READING, SEE ITEMS 10, 12, 13 & 14)
9) 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.
10) 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) (ACTION DELAYED TO 5/4/09, 7-0)
Fact Sheet (220K)
Attachment (296K)
11) 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)
12) 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) (Request to delay action
on this item until 5/4/09) (CON'T P.H.
W/ACTION ON 5/4/09, 7-0)
Fact Sheet (243K)
Attachment (39K)
13) 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) (Request to
delay action on this item until 5/4/09)
(CON'T P.H. W/ACTION ON 5/4/09, 7-0)
Fact Sheet (323K)
14) 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) (Request for Council to
act on this item on this date 4/20/09)
(RULES WAIVED TO HAVE ACTION ON THIS DATE, 7-0;
ADOPTED, 7-0; A-85297)
Fact Sheet (657K)
Attachment (313K)
PUBLIC HEARING - RESOLUTIONS
15) 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. (4/13/09 -
Public Hearing & Action continued for 1 week to
4/20/09) (PLACED ON PENDING INDEFINITELY, 7-0)
Fact Sheet (13K)
Attachment (385K)
16) 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)
(ADOPTED, 5-2; COOK, EMERY, ESCHLIMAN, MARVIN,
SPATZ ASSENTING; CAMP, SVOBODA DISSENTING;
A-85298)
Fact Sheet (46K)
17) 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) (ADOPTED, 5-2; COOK, EMERY,
ESCHLIMAN, MARVIN, SPATZ ASSENTING; CAMP,
SVOBODA DISSENTING A-85299)
Fact Sheet (49K)
Attachment (226K)
Attachment 2 (50K)
18) 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. (ADOPTED, 7-0; A-85300)
Fact Sheet (12K)
Attachment (245K)
19) 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.
(ADOPTED, 7-0; A-85301)
Fact Sheet (55K)
Attachment (94K)
20) 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. (CON'T P.H. W/ACTION IN TWO WEEKS
ON 5/4/09, 7-0)
Fact Sheet (65K)
Attachment (107K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 21
THRU 31 HAD 1ST READING)
21) 09R-64 Approving Amendment No. 1 to the Woodlands at
Yankee Hill Conditional Annexation and Zoning
Agreement between the City and Carl R. & Vicki
A. Schmidt, 3AP-SE LLC, Midwest Net Lease
Investors-SE LLC, RC Krueger Development Co.,
Krueger Holding Co., and Calruby LLC, relating
to the annexation of approximately 25.69 acres
of property generally located southeast of the
intersection of South 70th Street and Yankee
Hill Road. (Related Items: 09R-64, 09-50,
09-51) (Action date: 5/4/09)
Attachment (227K)
22) 09-50 Annexation No. 09001 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 25.69 acres of property
generally located southeast of the
intersection of South 70th Street and
Yankee Hill Road. (Related Items: 09R-
64, 09-50, 09-51)
Fact Sheet (234K)
Attachment (338K)
23) 09-51 Change of Zone 05068A - Application of R.C.
Krueger Development for an amendment to the
Woodlands at Yankee Hill PUD and a change
of zone from AG Agricultural District to
R-3 Residential District PUD and for
approval of a development plan for
modifications to the Zoning and Land
Subdivision Ordinances to develop
approximately 31 dwelling units and a
private school on property generally
located at South 70th Street and Yankee
Hill Road. (Related Items: 09R-64,
09-50, 09-51)
Fact Sheet (406K)
24) 09-52 Annexation No. 08005 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 26.3 acres of property
generally located at North 90th Street and
O Street. (Related Items: 09-52, 09-53)
Fact Sheet (230K)
Attachment (284K)
25) 09-53 Change of Zone No. 09008 - Application of
Southeast Community College for a change of
zone from P Public Use District to O-3
Office Park District on property generally
located at North 90th Street and O Street.
(Related Items: 09-52, 09-53)
Fact Sheet (326K)
26) 09-54 Change of Zone No. 09004 - 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.
Fact Sheet (18K)
27) 09-55 Change of Zone No. 09007 - Application of
the Planning Director to eliminate the
Building Line District in Randolph Street
from the centerline of South 46th Street to
the west right-of-way line of South 47th
Street.
Fact Sheet (249K)
28) 09-56 Comp. Plan Conformity 09003 - Request of
the Urban Development Department to declare
approximately 2 acres of property generally
located at the northwest corner of North
27th Street and Center Street as surplus
and authorizing the sale thereof to Matt
Talbot Kitchen and Outreach. (Related
Items: 09-56, 09-57, 09-58, 09-59)
Fact Sheet (243K)
29) 09-57 Change of Zone 08074 - Application of the
Planning Director for a change of zone from
I-1 Industrial District to R-2 Residential
District, H-3 Highway Commercial District
and P Public Use 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 North 27th Street and
Fair Street and North 27th Street and
Center Street. (Related Items: 09-56,
09-57, 09-58, 09-59)
Fact Sheet (178K)
30) 09-58 Change of Zone 09006 - Application of the
Urban Development Director to designate the
former Northeast Branch "Carnegie" Library
as a Landmark, on property generally
located at North 27th Street and Center
Street. (Related Items: 09-56, 09-57,
09-58, 09-59)
Fact Sheet (472K)
Attachment (164K)
31) 09-59 Vacation 09003 - Application of the Urban
Development Director to vacate the
remaining portion of the north-south alley
between North 26th Street and North 27th
Street, north of Center Street, retaining
title thereto in the City and authorizing
the sale to Matt Talbot Kitchen and
Outreach. (Related Items: 09-56, 09-57,
09-58, 09-59)
Fact Sheet (167K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
32) 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. (PASSED, 7-0; #19232)
Fact Sheet (40K)
33) 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. (PASSED, 7-0; #19233)
Fact Sheet (76K)
34) 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. (MTA #1 ADOPTED, 7-0; PASSED AS
AMENDED, 7-0; #19234)
Fact Sheet (14K)
PENDING LIST - DATE CERTAIN
35) 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. (4/13/09
- Action delayed w/ Public Hearing for 2
weeks to 4/27/09)
Fact Sheet (16K)
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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 27, 2009 AT 5:30 P.M.:
(APPROVED, 7-0)
41) 09R-62 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 1 -15,
2009.
Fact Sheet (14K)
Attachment (23K)
42) 09R-63 Use Permit No. 140C - Application of Menard,
Inc. to amend the Appian Way Regional Center to
modify the off-street parking requirement for
Menard's on property generally located northeast
of the intersection of South 89th Street and
Andermatt Drive.
Fact Sheet (378K)
43) 09R-65 Approving an Agreement between the City and
BryanLGH to transfer Medicare Recapture Credits
from BryanLGH to the City in the amount of
$153,872; to transfer $111,999 from the City to
BryanLGH which represents accumulated income
distributed from the Aaron H. Buckstaff Fund;
and for BryanLGH to administer the Biba funds
that resulted from a judgment dated May 11,
2002. (Related Items: 09R-65, 09R-66,
09R-67)
Fact Sheet (49K)
Attachment (883K)
44) 09R-66 Approving a Memorandum of Understanding between
the City and the Community Health Endowment for
the final distribution of escrow funds and
Medicare Recapture Credits to the Community
Health Endowment and to require the Community
Health Endowment to establish a contingency
fund.
Fact Sheet (49K)
Attachment (146K)
45) 09R-67 Approving an agreement between BryanLGH, the
City and US Bancorp to liquidate all escrowed
funds and transfer these funds to the City.
Fact Sheet (51K)
Attachment (65K)
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 4:04 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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