City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 1, 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
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on May 11, 2009. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on May 18, 2009. (PLACED ON FILE)
3) Report from City Treasurer of City Cash on hand
at the close of business April 30, 2009.
(PLACED ON FILE)
4) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the Second Quarter, Fiscal Year
2008-09. (ADOPTED 7-0; A-85359)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, June 15,
2009 at 1:30 p.m. for the Application of Todd P.
Pfundt dba Sun Valley Bar & Grill for a Class C
liquor license located at 300 West P Street.
(ADOPTED 7-0; A-85360)
6) Setting the hearing date of Monday, June 15,
2009 at 1:30 p.m. for the Application of
Kabredlo's, Inc. dba Kabredlo's 127 for a Class
D liquor license located at 4411 N. 27th Street.
(ADOPTED 7-0; A-85361)
7) Setting the hearing date of Monday, June 15,
2009 at 1:30 p.m. for the Application of Home
Cookin' LLC dba Pat's BBQ & Nero's Pizza for a
Class C liquor license located at 1401 Superior
Street, Suite 7. (ADOPTED 7-0; A-85362)
8) Setting the hearing date of Monday, June 15,
2009 at 1:30 p.m. for the Application of B & R
Stores, Inc. dba Russ's Market #21 for an
addition to premise of their existing Class C
liquor license by adding a mezzanine measuring
approx. 29 ft. by 136 ft. located at 1550 S.
Coddington Avenue. (ADOPTED 7-0; A-85363)
9) Setting the hearing date of Monday, June 15,
2009 at 1:30 p.m. for the Application of Rogelio
Arias dba Super Taco for an addition to premise
of their existing Class I liquor license by
adding a room approx. 30 ft. by 44 ft. located
at 5501 Holdrege Street. (ADOPTED 7-0; A-85364)
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of Red9 LLC dba Red9 for the
addition of a beer garden area measuring
approximately 100 feet by 132 feet to the north
of the licensed premises at 322 South 9th
Street. (ADOPTED FOR APPROVAL, 7-0; A-85365)
12) Application of Bugeater Investments Inc. dba The
Watering Hole West for the addition of an
outside sidewalk cafe‚ area measuring
approximately 15 feet by 60 feet to the north of
the licensed premises at 1550 South Coddington
Avenue. (ADOPTED FOR APPROVAL, 7-0; A-85366)
13) Application of Twisted Steele Inc. dba The Bar
for the addition of a catering license to its
Class C liquor license at 1644 P Street.
(ADOPTED FOR APPROVAL, 7-0; A-85367)
14) Application of Ricardo Tiburcio Rico dba Los Dos
Hermanos Mexican Cafe‚ for a Class C liquor
license at 6117 Havelock Avenue.
(ADOPTED FOR DENIAL, 7-0; A-85368)
15) Application of 55 Degrees Inc. dba Bread & Cup
for a Class C liquor license at 440 North 8th
Street. (ADOPTED FOR APPROVAL, 7-0; A-85369)
16) Manager application of Kevin W. Shinn for 55
Degrees Inc. dba Bread & Cup at 440 North 8th
Street. (ADOPTED FOR APPROVAL, 7-0; A-85370)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 17
THRU 19 HAD 2ND READING)
17) 09-44 Annexation No. 09002 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 1.88 acres of property
generally located at South 84th Street and
Firethorn Lane.
Fact Sheet (191K)
Attachment (254K)
18) 09-79 Change of Zone 09010 - 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 in the
AG, AGR, R or O Districts to hold temporary
or seasonal sales of goods at retail.
(Request 2nd & 3rd Readings w/Action on
6/1/09)
Fact Sheet (41K)
19) 09-80 Vacation 09004 - Vacating the east-west
alley between North 23rd Street and North
24th Street, north of P Street.
Fact Sheet (271K)
PUBLIC HEARING - RESOLUTIONS
20) 09R-82 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 1 - 14,
2009. (ADOPTED, 7-0; A-85371)
Fact Sheet (14K)
Attachment (21K)
21) 09R-83 Approving GJJRB, LLC dba The Spigot Lounge as a
keno satellite site at 1634 O Street.
(ADOPTED, 7-0; A-85372)
Fact Sheet (44K)
22) 09R-84 Approving the Amendment to Annexation Agreement
between the City and Firethorn Golf Company and
Firethorn Utility Service Company to revise the
terms with respect to the water distribution
system on property generally located at 85th
Street and Pioneers Boulevard.
(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED, 7-0;
A-85373)
Attachment (775K)
Motion To Amend 1 (497K)
23) 09R-85 Approving Amendment No. 1 Development and
Conditional Zoning Agreement between Whitehead
Oil Company and the City regarding sign
regulations on property generally located at
21st and K Streets. (ADOPTED, 7-0; A-85374)
Fact Sheet (351K)
Attachment (1061K)
24) 09R-86 Waiver 09002 - Application of Lincoln Family
Church to waive the parking lot surfacing
requirement on property generally located two
blocks south of the intersection of Highway 2
and South 70th Street. (MTA #1 ADOPTED, 7-0;
ADOPTED AS AMENDED, 7-0; A-85375)
Fact Sheet (195K)
Motion To Amend 1 (6K)
25) 09R-87 Approving the purchase of property located at
21st and N Streets. The purchase price and
demolition costs related to the property total
$1,750,000 of which $650,000 would come from the
Advance Land Acquisition Fund. (ADOPTED, 6-1;
CAMP, CARROLL, COOK, EMERY, SNYDER, SPATZ ASSENTING;
HORNUNG DISSENTING; A-85376)
Fact Sheet (19K)
Attachment (11K)
PUBLIC HEARING
ORDINANCE - 3RD READING WITH ACTION
26) 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. (5/18/09 - P.H. con't. to
6/1/09 with Action) (PASSED, 7-0; #19269)
Fact Sheet (16K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27 &
28 HAD 1ST READING)
27) 09-81 Amending Ordinance No. 19094, passed by the
City Council on June 16, 2008, which
amended Rule 3-3 of the Rules of Council,
Decorum, Debate and Procedure, to eliminate
the expiration date of one year after its
effective date.
Fact Sheet (18K)
28) 09-82 Comp. Plan Conformity 08025 - Declaring
approximately 6,600 sq. ft. of property
generally located northwest of North 41st
Street and Greenwood Street as surplus
property and authorizing the sale thereof.
Fact Sheet (800K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
MAYOR'S VETO OF ORDINANCE NO. 19268
29) 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. (MOTION TO OVERRIDE VETO FAILED, 3-4;
CAMP, HORNUNG, SPATZ ASSENTING; CARROLL, COOK,
EMERY, SNYDER DISSENTING. VETO STANDS)
Fact Sheet (16K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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.
(5/11/09 - Placed on Indefinite Pending)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 8, 2009 AT 1:30 P.M.:
(APPROVED 7-0)
37) 09R-89 Reappointing Patrick Borer to the City Personnel
Board for a five-year term expiring June 22,
2014.
38) 09R-90 Reappointing Tony Messineo and Ed Schneider, OD,
to the Lincoln-Lancaster County Board of Health
for three-year terms expiring April 15, 2012.
39) 09R-91 Appointing Greg Munn to the Historic
Preservation Commission for a three-year term
expiring April 15, 2012.
Attachment (33K)
40) 09R-92 Reappointing James McKee and Tim Francis to the
Historic Preservation Commission for three-year
terms expiring April 15, 2012.
41) 09R-93 Appointing Todd Fitzgerald to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2011.
Attachment (27K)
42) 09R-94 Reappointing Susan Rodenburg to the Parks and
Recreation Advisory Board for three-year term
expiring April 27, 2012.
43) 09R-95 Appointing Karen Moritz and Kory George to the
StarTran Advisory Board for a three-year term
expiring October 20, 2011.
Attachment (58K)
44) 09R-96 Approving a Cooperative Agreement between the
City of Lincoln and the Lower Platte South NRD
for the management of the King Wetland Site
generally located near North 27th Street and
I-180 for a five-year term commencing June 1,
2009 and terminating June 1, 1014.
Fact Sheet (51K)
Attachment (466K)
45) 09R-97 Approving Amendment No. 1 to the Contract
between the Nebraska Health and Human Services
Division of Children and Family Services and the
Lincoln Lancaster County Health Department for a
Refugee Health Screening Program for new refugee
arrivals and other eligible populations for the
prevention and control of communicable disease
pursuant to federal financial assistance for a
period of July 1, 2008 to June 30, 2011.
Fact Sheet (42K)
Attachment (105K)
46) 09R-98 Approving a Contract between the City and
Cornerstone Printing for Quick Copy Services and
Related Services to all City Departments for a
two year period with option to renew for two
additional years.
Fact Sheet (44K)
Attachment (1782K)
47) 09R-99 Approving Funding Agreements between the City
and the Nebraska Dept. of Roads for the use of
federal Highway Infrastructure Investment Funds
provided by the American Recovery and
Reinvestment Act of 2009 for the following
eligible projects: Superior Street Bridge
Rehabilitation (Project No. LCLC-5254(9));
Arterial Street Rehabilitation Package A
(Project No. LCLC-5220(3)); Arterial Street
Rehabilitation Package B (Project No. LCLC-
5236(2)); Arterial Street Rehabilitation Package
C (Project No. LCLC-5214(4)); Arterial Street
Rehabilitation Package D (Project No. LCLC-
5247(11)); Arterial Street Rehabilitation
Package E (Project No. LCLC-34-6(140)).
Fact Sheet (13K)
Attachment (2640K)
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 JUNE ARE THE
8TH AND THE 29TH.
ADJOURNMENT 2:41 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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