City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
AGENDA FOR THE REGULAR CITY COUNCIL MEETING TO BE HELD
MONDAY, APRIL 27, 2009 AT 5:30 P.M.
BOARD OF EQUALIZATION - N. 27TH ST. BUSINESS IMPROVEMENT DISTRICT
BOARD OF EQUALIZATION - UNIVERSITY PLACE MAINTENANCE
BUSINESS IMPROVEMENT DISTRICT
REGULAR CITY COUNCIL MEETING BEGINS
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) Request of Public Works to set a Public Hearing date
of Monday, May 11, 2009, at 1:30 p.m. and place on
the formal City Council Agenda the following:
09-66 To provide authority to create & order
constructed under Special Assessment
District; water main, 12-inch
diameter, in North 58th Circle,
Arbor Road north approx. 600 +/- feet
and assess the costs thereof
against the benefitted properties.
09-67 To provide authority to create & order
constructed under Improvement
District; for the acquisition of all
necessary easements or additional
right-of-way by negotiation & purchase
or by condemnation, if necessary, as
provided by law, for construction and
future maintenance of a public water
main, 12-inch diameter, in North
58th Circle, Arbor Road north
approx. 600 +/- feet and assess the
costs thereof against the benefitted
properties.
09-68 To provide authority to create & order
constructed under Special Assessment
District; two water mains, 12-inch
diameter, east of North 58th Circle,
north of Arbor Road, in Arbor
Road Second Addition Condominium, and
assess the costs thereof against the
benefitted properties.
09-69 To provide authority to create & order
constructed under Improvement
District; for the acquisition of all
necessary easements or additional
right-of-way by negotiation &
purchase or by condemnation, if
necessary, as provided by law, for
construction & future maintenance of
two public water mains, 12-inch
diameter, east of North 58th Circle,
north of Arbor Road, in Arbor
Road Second Addition Condominium, and
assess the costs thereof against the
benefitted properties.
09-70 To provide authority to create & order
constructed under Special Assessment
District; water mains, 12-inch
diameters, east of North 56th Street,
from Alvo Road to Arbor Road,
and assess the costs thereof against
the benefitted properties.
09-71 To provide authority to create & order
constructed under Improvement
District; for the acquisition of all
necessary easements or additional
right-of-way by negotiation &
purchase or by condemnation, if
necessary, as provided by law, for
construction & future maintenance of
water mains, 12-inch diameters, east
of North 56th Street, from Alvo Rd.
to Arbor Rd., and assess the costs
thereof against the benefitted
properties.
09-72 To provide authority to create & order
constructed under Special Assessment
District; sanitary sewers, ranging in
size from 8-inch to 12-inch diameters,
east of North 56th Street, from
Alvo Road to Interstate 80, and
assess the costs thereof against the
benefitted properties.
09-73 To provide authority to create & order
constructed under Improvement
District; for the acquisition of all
necessary easements or additional
right-of-way by negotiation &
purchase or by condemnation, if
necessary, as provided by law, for
construction & future maintenance of
sanitary sewers, ranging in size from
8-inch to 12-inch diameters, east of
North 56th Street, from Alvo Road to
Interstate 80, and assess the
costs thereof against the benefitted
properties.
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 13, 2009. (Placed on file)
3) Report from City Treasurer of franchise tax for
the month of March 2009 from Black Hills/
Nebraska Gas Utility Co., LLC. (Placed on file)
4) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the First Quarter, Fiscal Year
2008-2009.
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, May 11, 2009
at 1:30 p.m. for the application of Old Federal
Place, LLC dba Jasmine Room for the addition of
a catering license to its Class I liquor license
located at 129 N. 10th Street.
6) Setting the hearing date of Monday, May 11, 2009
at 1:30 p.m. for the application of Old Federal
Place LLC dba Jasmine Room for an addition to
its licensed premise located at 129 N. 10th
Street.
7) Setting the hearing date of Monday, May 11, 2009
at 1:30 p.m. for the application of Blue Mango
Holdings, LLC dba El Salvador Caf‚ for a Class C
liquor license with catering located at 221
South 9th Street.
8) Setting the hearing date of Monday, May 11, 2009
at 1:30 p.m. for the application of Jose L.
Meneses dba Liquor El Paisa for a Class D liquor
license located at 100 N. 1st Street, Suite 6.
9) Setting the hearing date of Monday, May 11, 2009
at 1:30 p.m. for the application of Stop 'N Shop
Inc. dba Stop 'N Shop #3 for a Class D liquor
license located at 4801 Randolph Street.
10) Setting the hearing date of Monday, May 11, 2009
at 1:30 p.m. for the application of Stop 'N Shop
Inc. dba Stop 'N Shop #4 for a Class D liquor
license located at 8350 Northwoods Drive.
11) Setting the hearing date of Monday, May 11, 2009
at 1:30 p.m. for the application of Stop 'N Shop
Inc. dba Stop 'N Shop #5 for a Class D liquor
license located at 5700 N. 33rd Street.
12) Setting the hearing date of Monday, May 11, 2009
at 1:30 p.m. for the application of Stop 'N Shop
Inc. dba Stop 'N Shop #6 for a Class D liquor
license located at 7000 O Street.
13) Informal petition to create a paving district to
pave the east-west alley bordered by 10th and
11th Streets and G and H Streets submitted by
John C. Ball for LOYA, LLC. (Referred to Public
Works)
14) The following have been referred to the Planning
Department:
Change of Zone No. 09010 - Req. of Randy
Bartelt amending Chapter 27.70 of the Lincoln
Municipal Code relating to Zoning Code,
Additional Use Regulations by adding a new
section numbered 27.70.060 to allow churches to
hold temporary or seasonal sales of goods at
retail.
Change of Zone No. 09011 - Req. of
Andermatt, LLC, Southlake Planned Unit
Development for a change of zone from AG
Agricultural District to B-2 Planned
Neighborhood Business District and R-8
Residential District on property generally
located at S. 91st Street and Highway 2; and for
approval of a development plan which proposes
waivers of sidewalks, block length, reduction of
the B-2 setbacks to 0 feet, and the preliminary
plat process in the underlying R-8 zoning.
Special Permit No. 09008 - Req. of
Patricia Sanchez for the authority to sell
alcoholic beverages for consumption on the
premises on property generally located at
N. 1st Street and O Street.
15) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS - NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
PUBLIC HEARING - RESOLUTIONS
27) 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)
28) 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)
29) 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)
30) 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. (Related Items: 09R-65, 09R-66,
09R-67)
Fact Sheet (49K)
Attachment (146K)
31) 09R-67 Approving an agreement between BryanLGH, the
City and US Bancorp to liquidate all escrowed
funds and transfer these funds to the City.
(Related Items: 09R-65, 09R-66, 09R-67)
Fact Sheet (51K)
Attachment (65K)
PUBLIC HEARING
ORDINANCE - 3RD READING - FOR COUNCIL ACTION
32) 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)
Motion To Amend 1 (6K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
33) 09-60 Approving the lease agreement between the
City and Dittmer & Dittmer of Crete for the
lease of office space by the Lincoln Area
Agency on Aging for its Lincoln Information
for the Elderly (LIFE) Program at 1005 E.
Highway 33, Suite 6, Crete, NE 68333 for a
term of May 1, 2009 through May 31, 2010.
Fact Sheet (60K)
Attachment (59K)
34) 09-61 Approving the lease agreement between the
City and Erik Alm, Wahoo for the lease of
office space by the Lincoln Area Agency on
Aging for its Lincoln Information for the
Elderly (LIFE) Program at 1325 N. Chestnut
St., Wahoo, NE 68066 for a term of July 1,
2009 through June 30, 2010.
Fact Sheet (58K)
Attachment (70K)
35) 09-62 Approving the lease agreement between the
City and Scott and Cindy Jensen for the
lease of office space by the Lincoln Area
Agency on Aging for its Lincoln Information
for the Elderly (LIFE) Program at 320 N.
State Street, Osceola, NE 68651 for a term
of June 1, 2009 through May 31, 2010.
Fact Sheet (60K)
Attachment (65K)
36) 09-63 Approving the lease agreement between the
City and Mueller/Bigert Rentals for the
lease of office space by the Lincoln Area
Agency on Aging for its Lincoln Information
for the Elderly (LIFE) Program at 137 N.
8th Street, Geneva, NE 68361 for a term of
July 1, 2009 through June 30, 2010.
Fact Sheet (59K)
Attachment (59K)
37) 09-64 Amending Section 1 of Ordinance No. 19208,
passed by the City Council on March 2,
2009, to include Lot 77 I.T., Section 3,
Township 10 North, Range 7 East of the 6th
P.M., in the annexation of land generally
located at North 84th Street and Cornhusker
Highway.
Fact Sheet (18K)
38) 09-65 Amending Section 1 of Ordinance No. 19212,
passed by the City Council on March 2,
2009, annexing that portion of Lot 23 I.T.
located in Section 17, Township 10 North,
Range 6 East of the 6th P.M., Lancaster
County, Nebraska (generally located at N.W.
39th Street and W. Adams Street) to include
that portion of said Lot 23 I.T. located in
Section 18, Township 10 North, Range 6 East
of the 6th P.M.
Fact Sheet (18K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
39) 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.
40) 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)
PENDING LIST - DATE CERTAIN
41) 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) (4/20/09 - Action
delayed to 5/4/09)
Fact Sheet (220K)
Attachment (296K)
42) 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) (4/20/09 - Cont'd
Public Hearing w/ Action on 5/4/09)
Fact Sheet (243K)
Attachment (39K)
43) 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)
(4/20/09 - Cont'd Public Hearing w/ Action
on 5/4/09)
Fact Sheet (323K)
44) 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. (4/20/09 - Cont'd Public
Hearing w/ Action for two weeks to 5/4/09)
Fact Sheet (65K)
Attachment (107K)
PENDING LIST
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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) (4/20/09 - Placed on Pending
Indefinitely)
Fact Sheet (13K)
Attachment (385K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 4, 2009 AT 1:30 P.M.:
51) 09R-68 Comp. Plan Conformity 09004 - Approving and
adopting proposed amendments to the Lincoln
Center Redevelopment Plan by amending an
existing project known as the Lincoln Mall
Redevelopment Project on property generally
located between 10th and 14th Streets.
Fact Sheet (712K)
Attachment (340K)
52) 09R-69 Declaring the official intent of the City to
reimburse certain expenses in connection with
the acquisition and construction of improvements
to the City's water supply and distribution
system from the proceeds of the City of Lincoln,
Nebraska Water Revenue Bonds.
53) 09R-70 Declaring the official intent of the City to
reimburse certain expenses in connection with
the acquisition and construction of improvements
to the City's water supply and distribution
system from the proceeds of the City of Lincoln,
Nebraska Sanitary Sewer Revenue Bonds.
54) 09R-71 Approving the Shoemaker Travel Plaza
Redevelopment Agreement between the City and
Shoemakers Truck Station, Inc., relating to the
redevelopment of property generally located at
S.W. 48th Street and West O Street.
Fact Sheet (69K)
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
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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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