City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 4, 2009 AT 1:30 P.M.
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
MAY 25TH DUE TO THE HOLIDAY
ALL MEMBERS PRESENT. COOK ARRIVED AT 2:00 P.M.
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 levying the special taxes assessed
for the costs of the improvements in the North
27th Street Business Maintenance Improvement
District against the benefitted
properties.(ADOPTED, 7-0; A-85316)
2) Resolution levying the special taxes assessed
for the costs of the improvements in the
University Place Business Maintenance
Improvement District against the benefitted
properties.(ADOPTED, 7-0; A-85317)
3) Clerk's Letter and Mayor's Approval of
ordinances and resolutions passed by Council on
April 20, 2009. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
ordinances and resolutions passed by Council on
April 27, 2009. (PLACED ON FILE)
5) Report from City Treasurer of Cash on Hand at
the close of business March 31, 2009. (PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
6) Informal request from M.E. "Bus" Whitehead of
Whitehead Oil Company for creation of a water
and sewer district at 84th and Cornhusker Highway.
(REFERRED TO PUBLIC WORKS)
Dept.)
7) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Box Awesome LLC dba Box Awesome's
Bourbon Theatre for a Class C liquor license at
1415 O Street. (ADOPTED FOR APPROVAL, 7-0; A-85318)
9) Manager application of Jeremiah Moore for Box
Awesome LLC dba Box Awesome's Bourbon Theatre at
1415 O Street.(ADOPTED FOR APPROVAL, 7-0; A-85319)
10) Application of Andrew L. Hubka dba Woodees for a
Class C liquor license at 2001 West O Street.
(ADOPTED FOR APPROVAL, 7-0; A-85320)
11) Application of Patricia Sanchez dba Las
Herraduras for a Class C liquor license at 100
North 1st Street, Suites 3 and 4.(ADOPTED FOR APPROVAL,
7-0; A-85321)
12) Application of Wiyual Ruach dba Johnny Disco for
a Class I liquor license at 5800 Cornhusker
Highway, Bldg. 1, Suites 10 and 11.
(ADOPTED FOR APPROVAL, 7-0; A-85322)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 13 THRU18 HAD 2ND READING)
13) 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)
14) 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)
15) 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)
16) 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
August 1, 2009 through July 31, 2010.
Fact Sheet (59K)
Attachment (59K)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS
19) 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)
(CON'T. PUBLIC HEARING & ACTION ON 5/18/09, 7-0)
Fact Sheet (65K)
Attachment (107K)
Motion To Amend 2 (120K)
20) 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.
(ADOPTED, 7-0; A-85323)
Fact Sheet (712K)
Attachment (340K)
21) 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.(ADOPTED, 7-0; A-85324)
22) 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.
(ADOPTED, 7-0; A-85325)
23) 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.(MTA #1 ADOPTED,
7-0; ADOPTED AS AMENDED, 7-0; A-85326)
Fact Sheet (69K)
Attachment (1123K)
PUBLIC HEARING
ORDINANCES - 3RD READING - FOR COUNCIL ACTION
24) 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) (Request to delay action on this
item until 5/4/09) (4/20/09 - Cont'd Public
Hearing w/ Action on 5/4/09)
(PASSED, 7-0; #19238)
Fact Sheet (243K)
Attachment (39K)
25) 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) (Request to delay
action on this item until 5/4/09) (4/20/09
- Cont'd Public Hearing w/ Action on
5/4/09)(PASSED, 7-0; #19239)
Fact Sheet (323K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 26 THRU 37 HAD 1ST READING)
26) 09-66 Creating Special Assessment Water District
No. 1198 for the purpose of constructing a
12-inch diameter water main or mains in
North 58th Circle, north of Arbor Road
approximately 600 feet and assessing the
costs thereof against the benefitted properties.
Fact Sheet (12K)
Attachment (593K)
27) 09-67 Creating Improvement District No. 184 for
the purpose of acquiring easements or
additional right-of-way necessary for the
construction of a 12-inch diameter water
main or mains in North 58th Circle, north
of Arbor Road approximately 600 feet and
assessing the costs thereof against the
benefitted properties.
Fact Sheet (13K)
Attachment (597K)
28) 09-68 Creating Special Assessment Water District
No. 1199 for the purpose of constructing a
12-inch diameter water main or mains east
of North 58th Circle, north of Arbor Road,
in Arbor Road Second Addition Condominium,
and assessing the costs thereof against the
benefitted properties.
Fact Sheet (12K)
Attachment (629K)
29) 09-69 Creating Improvement District No. 185
the purpose of acquiring easements or
additional right-of-way necessary for the
construction a 12-inch diameter water main
or mains east of North 58th Circle, north
of Arbor Road, in Arbor Road Second
Addition Condominium, and assessing the
costs thereof against the benefitted
properties.
Fact Sheet (13K)
Attachment (630K)
30) 09-70 Creating Special Assessment Water District
No. 1200 for the purpose of constructing a
12-inch diameter water main or mains east
of North 56th Street, between Salt Creek
and Arbor Road, and assessing the costs
thereof against the benefitted properties.
Fact Sheet (12K)
Attachment (619K)
31) 09-71 Creating Improvement District No. 186 for
the purpose of acquiring easements or
additional right-of-way necessary for the
construction a 12-inch diameter water main
or mains east of North 56th Street, between
Salt Creek and Arbor Road, and assessing
the costs thereof against the benefitted
properties.
Fact Sheet (13K)
Attachment (630K)
32) 09-72 Creating Special Assessment Sewer District
No. 1184 for the purpose of constructing 8-
inch and 12-inch diameter sanitary sewers
east of North 56th Street from Salt Creek
to Interstate 80, and assessing the costs
thereof against the benefitted properties.
Fact Sheet (12K)
Attachment (511K)
33) 09-73 Creating Improvement District No. 187 for
the purpose of acquiring easements or
additional right-of-way necessary for the
construction 8-inch and 12-inch diameter
sanitary sewers east of North 56th Street
from Salt Creek to Interstate 80, and
assessing the costs thereof against the
benefitted properties.
Fact Sheet (13K)
Attachment (519K)
34) 09-74 Street Name Change 09002 - Renaming
Countryview Lane, located south of Yankee
Hill Road and west of South 70th Street in
Countrylane 1st Addition, as Countryview Road.
Fact Sheet (177K)
35) 09-75 Authorizing the issuance of tax allocation
bonds with a total not to exceed
$950,000.00 for the City of Lincoln,
Shoemaker's Travel Plaza Redevelopment Project.
36) 09-76 Amending Ordinance No. 19151 which
authorized and provided for the issuance of
a Perot System Redevelopment Project Tax
Allocation Bond, Series 2009, in a total
principal amount not to exceed $3,750,000.00.
37) 09-77 Amending Section 4.20.010 of the Lincoln
Municipal Code relating to the Board of
Directors of the Library Board of the City
of Lincoln to amend the term of said
directors; and repealing Section 4.20.010
of the Lincoln Municipal Code as hitherto
existing.
Fact Sheet (16K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
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) (4/20/09 - Action
delayed to 5/4/09) (PASSED, 7-0; #19240)
Fact Sheet (220K)
Attachment (296K)
39) 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)(ADOPTED, 7-0; A-85327)
Attachment (227K)
40) 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) (PASSED, 7-0; #19241)
Fact Sheet (234K)
Attachment (338K)
41) 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) (MTA #1 ADOPTED, 7-0; PASSED AS AMENDED,
7-0; #19242)
Fact Sheet (406K)
Motion To Amend 1 (7K)
42) 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)
(PASSED, 7-0; #19243)
Fact Sheet (230K)
Attachment (284K)
43) 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)
(PASSED, 7-0; #19244)
Fact Sheet (326K)
44) 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.(MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19245)
Fact Sheet (18K)
Motion To Amend 1 (6K)
45) 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.
(PASSED, 7-0; #19246)
Fact Sheet (249K)
46) 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)
(PASSED, 7-0; #19247)
Fact Sheet (243K)
47) 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) (PASSED, 7-0; #19248)
Fact Sheet (178K)
48) 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)(PASSED, 7-0; #19249)
Fact Sheet (472K)
Attachment (164K)
49) 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)(PASSED, 7-0; #19250)
Fact Sheet (167K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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 11, 2009 AT 1:30 P.M.:
(APPROVED, 7-0)
56) 09R-72 Reappointing Todd Blome to the City Audit
Advisory Board for a three-year term expiring
March 1, 2012.
57) 09R-73 Reappointing Jonathan Cook to the Parks and
Recreation Advisory Board for a one-year term
expiring April 17, 2010.
58) 09R-74 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 16 -
30, 2009.
Fact Sheet (14K)
Attachment (21K)
59) 09R-75 Approving an Inter-Governmental Agreement
between the Nebraska Department of Environmental
Quality (NDEQ) and the City of Lincoln Watershed
Management Division regarding the implementation
of the Stormwater Best Management Practices
Demonstration Projects.
Fact Sheet (13K)
Attachment (456K)
60) 09R-76 Establishing a Roads to Jobs Fund to make funds
available for road projects, declaring a surplus
of $8,000,000.00 in the Special Assessment
Revolving Fund, and authorizing the transfer of
said funds to the Roads to Jobs Fund.
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. THERE IS ONLY
ONE OPEN MICROPHONE SESSION DURING THE MONTH OF MAY
WHICH IS MAY 11TH.
ADJOURNMENT 3:25 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
***