City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 13, 2009 AT 1:30 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JUNE 2009 WAS
PRESENTED TO A TEAM FROM THE PARKS & RECREATION DEPARTMENT - JIM
CHRASTIL AND JEFF WALLACE OF THE PARKS DIVISION IN
THE CATEGORY OF PRODUCTIVITY.
Anyone wishing to address an item on the Consent Agenda may do so at this time
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
May 31, 2009. (ADOPTED, 7-0; A-85420)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on June 22, 2009. (PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on June 29, 2009. (PLACED ON FILE)
4) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of June,
2009. (PLACED ON FILE)
5) Report from City Treasurer of City Cash on hand
at the close of business May 31, 2009.
(PLACED ON FILE)
6) Lincoln Airport Authority Resolution No. 518
stating that no tax levy should be made for
airport purposes for the fiscal year beginning
July 1, 2009. (PLACED ON FILE)
7) Report from City Treasurer of E911 Surcharge for
May 2009: ACN Comm. Services, AT&T Comm of
Midwest, Budget Prepay, Comtel Telcom Assets,
Granite Telecomm., iNetworks Group, Level 3
Comm, Qwest Comm, TWC Digital Phone, 8x8 Inc.,
Vonage America. (PLACED ON FILE)
8) Report from City Treasurer of franchise tax for
the month of May, 2009 from Black Hills/Nebraska
Gas Utility Co., LLC. (PLACED ON FILE)
9) Report from City Treasurer of Telecommunications
Occupation Tax for April 2009: ACN Comm.,
Advanced Tel Inc., Arizona Telephony Broadband
Dynamics, AT&T Comm. of Midwest, Broadwing
Comm., Business Telecom, Cellco Partnership,
Cimco Comm., Cincinnati Bell Any Distance,
Cinthex, CTI Long Distance, Global Crossing
Telecomm., Granite Telecomm., Guaranteed Phone
Service, IBM Global Services, Intellicall
Operator Services, KDDI America, McLeodUSA
Telecomm., Nebraska Technology & Telecomm., New
Edge Networks, Norstan Network Services, Omaha
Cellular Telephone, OnStar, New Cingular
Wireless, NOS Comm., Network Billing Systems,
Primus Telecomm., Quantum Shift, Qwest Comm.,
Sioux City MSA, Telecorp Comm., Trans National,
TCG Omaha, TON Services, TracFone Wireless, TWC
Digital Phone, UCN Inc., USCOC of Greater Iowa,
USCOC of Nebraska/Kansas, Verizon Long Distance,
Verizon Select, Verizon Wireless, Virgin Mobile
USA, VoiceCom, Windstream Nebraska, Windstream
Systems of the Midwest, Working Assets Funding
Service, XO Comm.; May 2009: Alltel Comm. of
Nebraska, ATS Mobile Telephone, BT Americas,
Business Telecom, Covista, Cricket Comm., D & D
Comm., Enhanced Comm. Network, First
Communications, Globalcom, GTC Telecom,
Lightyear Network Solutions, MCI Comm., Nextel
West Corp., NPCR Inc., SBC Long Distance, Sprint
Comm., Sprint Spectrum, Tri-M Comm.,
360networks, Unite Private Networks, WWC
License, Wholesale Carrier Services, Yestel USA,
Zone Telecom. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) Setting the hearing date of Monday, August 3,
2009 at 3:00 p.m. for the Application of
Gemstone Hospitality Inc. dba Guesthouse Inn &
Suites for a Class I liquor license located at
5250 Cornhusker Hwy. (ADOPTED, 7-0; A-85421)
11) Setting the hearing date of Monday, August 3,
2009 at 3:00 p.m. for the Application of ACR
Corporation dba Jakes Cigar and Spirits for a
Class C liquor license located at 101 N. 14th
Street, Suite 1. (ADOPTED, 7-0; A-85422)
12) THE FOLLOWING HAS BEEN REFERRED TO THE
PLANNING DEPARTMENT:
Special Permit No. 09015 - App. of John Rallis
for expansion of a nonconforming use to rebuild a
medical office with adjustments to setbacks on
property generally located at S. 40th Street
and A Street.
13) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
14) Application of Rogelio and Maria Arias dba Super
Taco II for a Class I liquor license at 500
Westgate Blvd. (ADOPTED FOR APPROVAL, 7-0;
A-85423)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15
THRU 17 HAD 2ND READING)
15) 09-87 Comp. Plan Conformance 09006 - Declaring
approximately 21,300 sq. ft. of property
generally located northwest of North 23rd
Street and Q Street as surplus property and
authorizing the sale thereof.
Fact Sheet (240K)
16) 09-88 Change of Zone 09014HP - Application of
John M. Moss to designate the Reimers Bungalow,
generally located at 2201 B Street, as
a historic landmark.
Fact Sheet (417K)
17) 09-89 Approving a transfer of appropriations within
the Parks and Recreation Capital Improvement
Program in the amount of $100,000 from Irving
Recreation Center HVAC 409391-6132 (Keno) to
Pool Maintenance & Repair 409392-6134.
Fact Sheet (46K)
PUBLIC HEARING - RESOLUTIONS
18) 09R-113 Waiver 09003 - Application of the All Nations
Church of The Lord Jesus Christ to waive the
parking lot surfacing requirement on property
generally located southwest of the intersection
of North 27th Street and Theresa Street.
(ADOPTED, 7-0; A-85424)
Fact Sheet (207K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19
THRU 22 HAD 1ST READING)
19) 09-90 Amending Chapters 2.62, 2.65, and 2.66 of
the Lincoln Municipal Code regarding Tax-
Qualified Plan language to obtain a new
favorable letter of determination from the
Internal Revenue Service.
Fact Sheet (50K)
Attachment (41K)
20) 09-91 Amending Section 1 of Ordinance No. 19240,
passed by the City Council on April 27,
2009, to include Blocks 23, 24 and 25,
Cushman Addition, in the annexation of land
generally located at N.W. 48th Street and
West O Street.
Fact Sheet (55K)
21) 09-92 Change of Zone 09009 - Amending Chapter
27.69 of the Lincoln Municipal Code
relating to signs by amending Section
27.69.020 to revise and add definitions; by
adding a new Section 27.69.021 to add a
Figure 1, General Sign Types; by adding a
new Section 27.69.022 to provide methods to
calculate the sign area of various signs;
by amending Section 27.69.030 to provide
general requirements for signs including
location, height, sign area, illumination,
and additional provisions for certain
specific types of signs; by amending
Section 27.69.040 to adopt Sign Tables
setting forth the sign requirements for
various types of signs; by repealing
Sections 27.69.041, 27.69.042, 27.69.043,
27.69.044, 27.69.045, 27.69.046, 27.69.047,
27.69.048, 27.69.049, 27.69.050, 27.69.060,
27.69.070, 27.69.075, 27.69.080, 27.69.081,
27.69.083, 27.69.130, 27.69.170, and
27.69.210; by amending Sections 27.69.090,
27.69.220, 27.69.240, 27.69.260, and
27.69.330 to change a reference from ground
sign to freestanding sign; by amending
Section 27.69.100 to provide regulations
for non-illuminated temporary real estate,
construction and noncommercial signs; by
amending Sections 27.69.110, 27.69.140,
27.69.150, 27.69.180, 27.69.230, 27.69.240,
and 27.69.260 to clarify that a reference
to area is referring to "sign area" of a
sign; by amending Section 27.69.160 to
delete a requirement that the location,
size and illumination of a sign for a
special permitted use in a residential
district must be specifically approved as
part of the special permit approval; by
amending Section 27.69.250 to modify
provisions regarding the display of flags;
by amending Section 27.69.310 to modify
provisions regarding roof signs as an
alternative to a freestanding sign and to
change a reference from pole sign to
freestanding sign; by amending Section
27.69.340 to revise provisions for signs in
Planned Unit Developments; and repealing
Sections 27.69.020, 27.69.030, 27.69.040,
27.69.090, 27.69.100, 27.69.110, 27.69.140,
27.69.150, 27.69.160, 27.69.180, 27.69.220,
27.69.230, 27.69.240, 27.69.250, 27.69.260,
27.69.310, 27.69.330, and 27.69.340 of the
Lincoln Municipal Code as hitherto
existing.
Fact Sheet (509K)
22) 09-93 Authorizing the issuance of not to exceed
$16,000,000 Water Revenue Bonds of the
City.
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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. (6/29/09 - Placed on Pending, No
Date Certain)
Fact Sheet (43K)
Attachment (108K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 20, 2009, AT 1:30 P.M.
(APPROVED, 7-0)
30) 09R-118 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 16 - 30,
2009.
Fact Sheet (14K)
Attachment (19K)
31) 09R-124 Approving the naming of the North 27th Street
Bridge for the MoPac Trail as the Elaine Hammer
Bridge.
Fact Sheet (38K)
32) 09R-125 Approving the naming of the shelter at the
Jamaica North Trailhead near 25th and Saltillo
Road as the Bryan Backhaus Shelter.
Fact Sheet (40K)
33) 09R-127 Approving the 2009-2010 Maintenance and
Management BID Budgets and Program of Work for
the Downtown Lincoln Association Program for
Fiscal Year 2009-10.
Fact Sheet (41K)
Attachment (249K)
34) 09R-114 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for participation in the SW 40th
Street/BNSF Overpass and Paving, City Project
No. 700132.
Fact Sheet (12K)
Attachment (79K)
35) 09R-115 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for participation in the Antelope
Valley Project funding - Phase I.
Fact Sheet (13K)
Attachment (80K)
36) 09R-116 Approving an Interlocal Agreement between the
City and the Railroad Transportation Safety
District for participation in the 18th and
Holdrege Bridge Project, City Project No.
702615.
Fact Sheet (12K)
Attachment (80K)
37) 09R-117 Amending an existing Interlocal Agreement
between the City and the Railroad Transportation
Safety District for the North Lincoln Quiet Zone
Project, City Project No. 702616.
Fact Sheet (12K)
Attachment (44K)
38) 09R-119 Approving an Agreement between the Nebraska
Department of Health and Human Services
Division of Children and Family Services and
the Lincoln Lancaster County Health Department
to provide direct medical services in the form
of health screening and vaccinations to refugees
by the Health Department for the period of
October 1, 2008 to September 30, 2010.
Fact Sheet (42K)
Attachment (1600K)
39) 09R-120 Approving the labor contract between the City
and the Public Association of Government
Employees (PAGE) effective August 20, 2009.
Fact Sheet (36K)
Attachment (402K)
40) 09R-121 Approving the labor contract between the City
and the Amalgamated Transit Union effective
August 20, 2009.
Fact Sheet (39K)
Attachment (150K)
41) 09R-122 Approving the labor contract between the City
and the Lincoln M Class Employees Association
(M) effective August 20, 2009.
Fact Sheet (37K)
Attachment (165K)
42) 09R-123 Approving the labor contract between the City
and the Lincoln City Employees Association
(LCEA) effective August 20, 2009.
Fact Sheet (38K)
Attachment (822K)
43) 09R-126 Approving the 2009-10 Work Plan for the
Interlocal Agreement on Stormwater Management
between the City and Lower Platte South Natural
Resources District to address stormwater quality
and quantity issues.
Fact Sheet (12K)
Attachment (141K)
44) 09R-128 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: Holdrege Street Rehabilitation,
33rd to 47th (Project No. LCLC-5244(7)); Adams
Street Rehabilitation, 57th to 62nd (Project No.
LCLC-5250(3)); N. 70th Street Rehabilitation,
Aylesworth to Vine (Project No. LCLC-5247(12));
and Holdrege Street Rehabilitation, 70th to
79th (Project No. LCLC-5400(13)).
Fact Sheet (13K)
Attachment (449K)
Attachment (425K)
Attachment (418K)
Attachment (413K)
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 JULY ARE THE 13TH AND THE 27TH.
ADJOURNMENT 2:08 P.M.
ANNOUNCEMENTS:
Beginning August 3, 2009, City Council meetings will begin at 3:00 p.m.
The last meeting of the month will continue at 5:30 p.m.
The August 10th Council meeting will begin at 1:30 p.m. due to the
2009/2010 City Budget and CIP public hearing to begin at 2:30 p.m.
The Open Microphone sessions for August are: August 17th and 31st.
***
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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