City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 8, 2009 AT 1:30 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY & SPATZ
(JON CAMP WAS ELECTED TEMPORARY CHAIR FOR THIS COUNCIL MEETING.)
MAYOR'S AWARD OF EXCELLENCE - BARBARA MARTINEZ, SENIOR PUBLIC
HEALTH NURSE, LINCOLN/LANCASTER COUNTY HEALTH DEPT., IN THE CATEGORY
OF PRODUCTIVITY AND CUSTOMER RELATIONS.
PRESENTATION BY ASSISTANT POLICE CHIEF JIM PESCHONG
BYRNE JUSTICE ASSISTANCE GRANT
(public comments welcomed)
Anyone wishing to address an item on the Consent Agenda may do
so at this time
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) 09R-89 Reappointing Patrick Borer to the City Personnel
Board for a five-year term expiring June 22,
2014. (ADOPTED, 5-0; A-85377)
2) 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.
(ADOPTED, 5-0; A-85378)
3) 09R-91 Appointing Greg Munn to the Historic
Preservation Commission for a three-year term
expiring April 15, 2012.(ADOPTED, 5-0; A-85379)
Attachment (33K)
4) 09R-92 Reappointing James McKee and Tim Francis to the
Historic Preservation Commission for three-year
terms expiring April 15, 2012.(MTA #1 ADOPTED,
5-0; ADOPTED AS AMENDED, 5-0; A-85380)
5) 09R-93 Appointing Todd Fitzgerald to the Parks and
Recreation Advisory Board for a term expiring
April 27, 2011.(ADOPTED, 5-0; A-85381)
Attachment (27K)
6) 09R-94 Reappointing Susan Rodenburg to the Parks and
Recreation Advisory Board for three-year term
expiring April 27, 2012.(ADOPTED, 5-0;
A-85382)
7) 09R-95 Appointing Karen Moritz and Kory George to the
StarTran Advisory Board for a three-year term
expiring October 20, 2011. (ADOPTED, 5-0;
A-85383)
Attachment (58K)
8) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended April 30,
2009.(ADOPTED, 5-0; A-85384)
PETITIONS & COMMUNICATIONS
9) Setting the Hearing Date of Monday, June 22,
2009 at 1:30 p.m. for the Application of Lincoln
Meadows Social Hall, Inc. dba Lincoln Meadows
Social Hall for a Class I liquor license located
at 3235 N. 35th Street.(ADOPTED, 5-0; A-85385)
10) Setting the Hearing Date of Monday, June 22,
2009 at 1:30 p.m. for the Application of
Vaneiser, LLC dba The Venue Restaurant and
Lounge for an addition of a sidewalk cafe'‚
approximately 40' x 10' located at 4111 Pioneer
Wood Dr., Ste. 100.(ADOPTED, 5-0; A-85386)
11) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Special Permit 04073A - App. of St.
Monica's for an amendment to expand the area of
the special permit for a health care facility
located at Lakewood Drive and Wedgewood Drive.
Special Permit 09012 - App. of John Moss,
for Historic Preservation, to increase the
height of the garage located at 2201 B Street.
Change of Zone 09009 - App. of Director of
Planning to amend Chapter 27.69 of the Lincoln
Municipal Code relating to signs.
Change of Zone 09014 - App. of John Moss to
designate as a historic landmark property
located at 2201 B Street.
12) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
13) Application of Hector El Dragon Martinez
Corporation dba El Rancho Authentic Mexican
Restaurant for a Class I liquor license at 2700
O Street.(ADOPTED FOR APPROVAL, 5-0; A-85387)
14) Manager application of Ever K. Preciado for
Hector El Dragon Martinez Corporation dba El
Rancho Authentic Mexican Restaurant at 2700 O
Street.(ADOPTED FOR APPROVAL, 5-0; A-85388)
15) Application of TwoTwins, Inc. dba TwoTwins Cafe'‚
for a Class C liquor license at 333 North Cotner
Blvd., #1.(ADOPTED FOR APPROVAL, 5-0;
A-85389)
16) Manager application of Denise A. Korinek for
TwoTwins, Inc. dba Two Twins Cafe'‚ at 333 North
Cotner Blvd., #1. (ADOPTED FOR APPROVAL, 5-0; A-85390)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 & 18 HAD 2ND READING)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS
19) 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. (ADOPTED,
5-0; A-85391)
Fact Sheet (51K)
Attachment (466K)
20) 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.
(ADOPTED, 5-0; A-85392)
Fact Sheet (42K)
Attachment (105K)
21) 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.(ADOPTED, 5-0; A-85393)
Fact Sheet (44K)
Attachment (1782K)
22) 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. CLC-34-6(140)).
(ADOPTED, 5-0; A-85394)
Fact Sheet (13K)
Attachment (2640K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 23 HAD 1ST READING)
23) 09-83 Amending Ordinance No. 19223 which
authorized and provided for the issuance of
Lincoln Flats/Bank of the West
Redevelopment Project Taxable Tax
Allocation Bond, Series 2009A and Series
2009B in a total principal amount not to
exceed $764,000.
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 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. (PASSED, 5-0; #19270)
Fact Sheet (191K)
Attachment (254K)
25) 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.
(LOST, 1-4; CARROLL ASSENTING;
CAMP, COOK, HORNUNG, SNYDER DISSENTING; #38-4592)
Fact Sheet (41K)
26) 09-80 Vacation 09004 - Vacating the east-west
alley between North 23rd Street and North
24th Street, north of P Street.
(PASSED, 5-0; #19271)
Fact Sheet (271K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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 15, 2009 AT 1:30 P.M.:
(APPROVED, 5-0)
34) 09R-100 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 15 - 31,
2009.
Fact Sheet (14K)
Attachment (21K)
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 2:04 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.
****
The City Council Agenda and Action Sheet may be accessed on
the Internet at:
lincoln.ne.gov
***