City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 22, 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 City
Council on June 1, 2009. (PLACED ON FILE)
2) Report from City Treasurer of Franchise Tax for
the month of April 2009 from Black
Hills/Nebraska Gas Utility Company, LLC.
(PLACED ON FILE)
3) Report from City Treasurer of Telecommunication
Occupational Tax for the months of Jan.-March,
2009: Matrix, Reliance, Startec Global
Operating, Southwest, OPEX, MegaPath; March,
2009: Sprint, Cricket, Windstream Nebraska #150,
Windstream Systems of the Midwest, Windstream
Nebraska #494, Verizon, New Cingular, USCOC of
Greater Iowa, AT&T Comm. of Midwest, Virgin
Mobile USA, Qwest, Omaha Cellular, TWC Digital
Phone, Nebraska Technology & Telecomm., NOSVA,
UCN, USCOC of NE/KS, McLeodUSA, IDT Domestic,
PNG, CTI Long Distance, Cellco Partnership,
AireSpring, Granite, Broadwing, Verizon Select,
Working Assets AccessLine, Trans Nat'l Comm.,
OnStar, i-wireless, ACN, Flying J, IBM Global,
Primus, Guaranteed Phone, Arizona Telephony,
Telecorp, Verizon Long Distance, CIMCO, Global
Crossing, Norstan Network, Comtel Telecom
Assets, Network Billing, KDDI America,
Globalstar USA, XO, EarthLink, Cinncinnati Bell
Any Distance, TCG Omaha, New Edge Networks,
VoiceCom, TracFone Wireless, Sioux City MSA,
ATI, Intellical Operator, Quantum Shift; April
2009; Unite Private Networks, Alltel Comm. of
NE, Alltel, D&D, Sprint Spectrum, MCI, Nextel,
Cricket, Sprint, Nextel West, Zone Telecom,
Enhanced, Tri-M, Lightyear Network, GTC, SBC
Long Distance, BT Americas, First Comm.,
Globalcom, Covista, Yestel USA, 360networks,
Wholesale Carrier, ATS Mobile.
(PLACED ON FILE)
4) Report from City Treasurer of 911 Telecommunication
Occupational Tax for month of March 2009: iNetworks
Group; April 2009: Vonage America, ACN, iNetworks,
Budget Prepay, Level 3, Level 3, Granite Telecomm.,
TWC Digital Phone, TWC Digital Phone, AT&T Comm.
of Midwest, Qwest, 8x8, Vonage America, Comtel
Telcom Assets, ACN, AT&T Comm. of Mdiwest.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) THE FOLLOWING HAVE BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Special Permit No. 500B - Req. by
Montessori School for an amendment to the
special permit for a private school to include
an evening adult component on property generally
located at Austin Drive and Antelope Creek Road.
Special Permit No. 09013 - Req. by Tuyet
Nguyen for the authority to sell alcoholic
beverages for consumption on the premises on
property generally located at North 27th Street
and Y Street.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Lincoln Meadows Social Hall, Inc.
dba Lincoln Meadows Social Hall for a Class I
liquor license at 3235 N. 35th Street.
(ADOPTED, 7-0; A-85405)
8) Manager application of Frank J. Schmal III for
Lincoln Meadows Social Hall, Inc. dba Lincoln
Meadows Social Hall at 3235 N. 35th Street.
(ADOPTED, 7-0; A-85406)
9) Application of Vaneiser LLC dba The Venue
Restaurant & Lounge for the addition of an
outdoor area consisting of a sidewalk caf‚ area
measuring approximately 40 feet by 10 feet to
the south of the licensed premises at 4111
Pioneer Wood Drive, Suite 100.
(ADOPTED, 7-0; A-85407)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10
THRU 12 HAD 2ND READING)
10) 09-84 Amending Chapter 20.10 of the Lincoln
Municipal Code, the Lincoln Residential
Building Code by amending Section 20.10.710
to include Chapters 13, 14, 15, 16, 17, and
18 of the International Residential Code,
as part of the Lincoln Residential Building
Code; and repealing Section 20.10.710 of
the Lincoln Municipal Code as hitherto
existing.
Fact Sheet (45K)
11) 09-85 Amending Title 25 of the Lincoln Municipal
Code relating to Heating by creating a new
Chapter 25.04 to adopt the 2006 edition of
the International Mechanical Code and
Appendix Chapters A and B regulating and
governing the design, construction, quality
of materials, erection, installation,
alteration, repair, location, relocation,
replacement, addition to, use or
maintenance of mechanical systems within
the City of Lincoln and within three miles
thereof and outside the limits of any other
incorporated city or village; providing for
the issuance of permits and collection of
fees therefor; repealing Chapter 25.03 of
the Lincoln Municipal Code as hitherto
existing; and establishing the operative
date as 60 days after passage of the
ordinance.
Fact Sheet (45K)
12) 09-86 Amending Title 25 of the Lincoln Municipal
Code relating to Heating by creating a new
Chapter 25.10 to adopt the International
Fuel Gas Code, 2006 edition, including
Appendix Chapters B and C, regulating and
governing fuel gas systems and gas-fired
appliances within the City of Lincoln and
within three miles thereof and outside the
limits of any other incorporated city or
village, and the regulations, provisions,
penalties, conditions and terms of said
Fuel Gas Code; and establishing the
operative date for this ordinance as 60
days after passage.
Fact Sheet (48K)
PUBLIC HEARING - RESOLUTIONS
13) 09R-102 Approving the Fiscal Year 2009 Action Plan: One
Year Use of Funds for HUD Entitlement Programs.
(MTA #1 ADOPTED, 7-0; ADOPTED AS AMENDED,
7-0; A-85408)
Fact Sheet (58K)
Attachment (966K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 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.
(PASSED, 7-0; #19274)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
15) 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)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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 29, 2009 AT 5:30 P.M.:
(APPROVED, 7-0)
21) 09R-88 Appointing Dr. David R. Smith to the Lincoln-
Lancaster County Board of Health for a three-
year term expiring April 15, 2012.
Attachment (27K)
22) 09R-106 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 1 - 15,
2009.
Fact Sheet (14K)
Attachment (21K)
23) 09R-103 Approving an Interlocal Agreement between
Lincoln Public Schools and the City of Lincoln
to construct Stormwater Best Management
Practices at Arnold Elementary School generally
located southwest of W. Cuming and N.W. 48th
Streets.
Fact Sheet (43K)
Attachment (108K)
24) 09R-104 Approving a transfer of appropriations in the
amount of $25,000.00 from the City Council
Contingency Account to Auditing Services for
funding the Nebraska State Auditors Attestation
Review of the Antelope Valley project.
Fact Sheet (13K)
25) 09R-105 Approving a request for relaxation of standards
from the State of Nebraska, Board of Public
Roads Classifications and Standards for the use
of 10 foot wide lanes on City Projects: 701809 -
P Street, S. 17th to S. 27th; 701811 - Vine
Street, N. 70th to Sierra and Adams Street,
I-180 to N. 14th; 701812 - O Street, N. 15th to
N. 25th; 540012 - N. 70th Street, Aylesworth to
Vine; and 540013 - Holdrege Street, N. 70th to
N. 79th.
Fact Sheet (13K)
26) 09R-107 Approving an Inter-Governmental Agreement
between the Nebraska Department of Environmental
Quality (NDEQ) and the City of Lincoln regarding
the implementation of the Section 319 Project
entitled "Antelope Creek Main Stem Water Quality
Project."
Fact Sheet (13K)
Attachment (1761K)
27) 09R-108 Approving a transfer of appropriations in the
amount of $150,000.00 from General
Expense/Shared Services - Corrections to
Interfund Transfers/City Share - Auditorium for
additional funding due to a current year
operating shortfall for Pershing Auditorium.
Fact Sheet (62K)
At the 2/9/09 City Council Organizational Meeting, the
Register to Speak Session was repealed by a consensus of
members present.
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 1:51 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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