InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


            ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                     MONDAY, MAY 11, 2009 AT 1:30 P.M.

                           ALL MEMBERS PRESENT

               THERE WILL BE NO COUNCIL MEETING THE WEEK OF
                       MAY 25TH DUE TO THE HOLIDAY

       MAYOR'S AWARD OF EXCELLENCE PRESENTED TO STEVEN WIESE OF THE 
    TECHNICAL INVESTIGATIONS UNIT OF THE LINCOLN POLICE DEPARTMENT IN 
                       THE CATEGORY OF PRODUCTIVITY.

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-72    Reappointing Todd Blome to the City Audit
               Advisory Board for a three-year term expiring
               March 1, 2012. (ADOPTED 7-0; A-85328)

 2)  09R-73    Reappointing Jonathan Cook to the Parks and
               Recreation Advisory Board for a one-year term
               expiring April 17, 2010. (ADOPTED 7-0; A-85329)

 3)            Approving the distribution of funds representing
               interest earnings on short-term investments of
               Idle Funds during the month ended March 31,
               2009. (ADOPTED 7-0; A-85330)

 4)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for the month of April,
               2009.  (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 5)            Setting the hearing date of Monday, June 1, 2009
               at 1:30 p.m. for the Application of 55 Degrees,
               Inc. dba Bread & Cup for a Class C liquor
               license located at 440 N. 8th Street, Suite 150.
               (ADOPTED 7-0; A-85331)

 6)            Setting the hearing date of Monday, June 1, 2009
               at 1:30 p.m. for the Application of Los Dos
               Hermanos, Inc. dba Los Dos Hermanos Mexican Caf‚
               for a Class C liquor license located at 6117
               Havelock Avenue. (ADOPTED 7-0; A-85332)

 7)            Setting the hearing date of Monday, June 1, 2009
               at 1:30 p.m. for the Application of red9, LLC
               dba red9 for an addition to premise of their
               existing Class CK liquor license adding a beer
               garden area approx. 100 ft. by 132 ft. located
               at 322 S. 9th Street. (ADOPTED 7-0; A-85333)

 8)            Setting the hearing date of Monday, June 1, 2009
               at 1:30 p.m. for the Application of Bugeater
               Investments, Inc. dba The Watering Hole West for
               an addition to premise/reconstruction of their
               existing Class C liquor license by adding a
               sidewalk caf‚ approx. 15 ft. by 60 ft. located
               at 1550 S. Coddington Avenue, Suite P.
               (ADOPTED 7-0; A-85334)

 9)            Setting the hearing date of Monday, June 1, 2009
               at 1:30 p.m. for the Application of Twisted
               Steele, Inc. dba The Bar for the addition of a
               catering license to its Class C liquor license
               located at 1644 P Street. (ADOPTED 7-0; A-85335)
               

10)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING 
               DEPARTMENT:
               Special Permit No. 09009 - App. of Gary
               Rihanek, to allow outdoor seasonal sales on
               property generally located at North 40th Street
               and Superior Street.


11)  MISCELLANEOUS REFERRALS - NONE

                        - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS (SEE ITEM 24)

12)            Application of Jose Luis Meneses dba Liquor El
               Paisa for a Class D liquor license at 100 North
               1st Street, Suite 6. (ADOPTED FOR DENIAL, 7-0; 
               A-85336)

13)            Application of Stop 'N Shop Inc. dba Stop 'N
               Shop #3 for a Class D liquor license at 4801
               Randolph Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85337)

14)            Manager application of Jason K. Laessig for Stop
               'N Shop Inc. dba Stop 'N Shop #3 at 4801
               Randolph Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85338)

15)            Application of Stop 'N Shop Inc. dba Stop 'N
               Shop #4 for a Class D liquor license at 8350
               Northwoods Drive. (ADOPTED FOR APPROVAL, 7-0; 
               A-85339)

16)            Manager application of Jason K. Laessig for Stop
               'N Shop Inc. dba Stop 'N Shop #4 at 8350
               Northwoods Drive. (ADOPTED FOR APPROVAL, 7-0; 
               A-85340)

17)            Application of Stop 'N Shop Inc. dba Stop 'N
               Shop #5 for a Class D liquor license at 5700
               North 33rd Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85341)

18)            Manager application of Jason K. Laessig for Stop
               'N Shop Inc. dba Stop 'N Shop #5 at 5700 North
               33rd Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85342)

19)            Application of Stop 'N Shop Inc. dba Stop 'N
               Shop #6 for a Class D liquor license at 7000 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85343)

20)            Manager application of Jason K. Laessig for Stop
               'N Shop Inc. dba Stop 'N Shop #6 at 7000 O
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85344)

21)            Application of Blue Mango Holdings LLC dba El
               Salvador Cafe for a Class C and Class K
               (catering) liquor license at 221 South 9th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85345)

22)            Manager application of Yeldy Z. Marroquin for
               Blue Mango Holdings LLC dba El Salvador Caf‚ at
               221 South 9th Street. (ADOPTED FOR APPROVAL, 7-0; 
               A-85346)

23)            Application of Old Federal Place LLC dba Jasmine
               Room for the addition of a catering license to
               its Class I liquor license at 129 North 10th
               Street. (ADOPTED FOR APPROVAL, 7-0; A-85347)

24)            Application of Old Federal Place LLC dba Jasmine
               Room to expand its presently licensed Class I
               liquor license to include the Jasmine Room, Unit
               107, Unit 108, Unit 109 and the Commons areas at
               129 North 10th Street. (DELAYED 1 WK. TO 
               5/18/09, ACTION ONLY, 7-0)


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 25 
THRU 36 HAD 2ND READING)

25)  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)

26)  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)

27)  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)

28)  09-69     Creating Improvement District No. 185 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 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)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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.

35)  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.

36)  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)


PUBLIC HEARING - RESOLUTIONS

37)  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.  (ADOPTED, 7-0; A-85348)
               Fact Sheet (14K)
               Attachment (21K)

38)  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. (ADOPTED, 7-0; A-85349)
               Fact Sheet (13K)
               Attachment (456K)

39)  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.
               (PLACED ON INDEFINITE PENDING, 4-3; COOK, 
               EMERY, MARVIN, SPATZ ASSENTING; CAMP, ESCHLIMAN, 
               SVOBODA DISSENTING)

                          - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 40 
HAD 1ST READING)

40)  09-78     Amending Section 10.14.250 of the Lincoln
               Municipal Code, relating to speed
               regulations, to bring said section into
               conformity with state statute by providing
               a fine for traveling more than 35 mph over
               the authorized speed limit and establishing
               ranges for fines of twenty-one miles per
               hour to thirty-five miles per hour over the
               authorized speed limit, and thirty-six
               miles per hour or more over the authorized
               speed limit relating to the definition and
               fines for speeding in a construction zone;
               and repealing Section 10.14.250 of the
               Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (16K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

41)  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.
               (PASSED, 7-0; #19251)
               Fact Sheet (60K)
               Attachment (59K)

42)  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.
               (PASSED, 7-0; #19252)
               Fact Sheet (58K)
               Attachment (70K)

43)  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.
               (PASSED, 7-0; #19253)
               Fact Sheet (60K)
               Attachment (65K)

44)  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
               August 1, 2009 through July 31, 2010.
               (MTA #1 ADOPTED, 7-0; PASSED AS 
               AMENDED, 7-0; #19254)
               Fact Sheet (59K)
               Attachment (59K)

45)  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.  (PASSED, 7-0; #19255)
               Fact Sheet (18K)

46)  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.  (PASSED, 7-0; #19256)
               Fact Sheet (18K)


PENDING LIST - DATE CERTAIN

47)  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 - Con't Public
               Hearing w/ Action for two weeks to 5/4/09)
               (5/4/09 - Con't Public Hearing w/ Action on
               5/18/09)
               Fact Sheet (65K)
               Attachment (107K)
               Motion To Amend 2 (120K)


PENDING LIST   (EXTENDED ONE WEEK)

48)  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)

49)  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)

50)  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)

51)  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)

52)  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)

53)  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 18, 2009 AT 1:30 P.M.:
                                     (APPROVED, 6-0; ESCHLIMAN ABSENT)

54)  09R-77    Approving a transfer of appropriations in the
               amount of $34,759.00 from the General
               Fund/Contingency to the Parks and Recreation
               Aquatics Account, and an increase in
               appropriations of $16,500.00 from anticipated
               pool revenue, for a total amount of $51,259.00
               for the operation of Meadow Heights Pool during
               the summer of 2009.
               Fact Sheet (48K)

55)  09R-78    Confirming the appointment of Douglas L. Curry
               as Administrator and CEO of the Lincoln Electric
               System effective May 1, 2009.
               Fact Sheet (30K)
               Attachment (47K)


     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    5:45 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.
                                   ****
The City Council Agenda and Action Sheet may be accessed on the Internet at:
                              lincoln.ne.gov
                                   ***

City Council
Meetings