City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 20, 2009 AT 1:30 P.M.
Anyone wishing to address an item on the Consent Agenda may
do so at this time
ALL MEMBERS PRESENT
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) Report of Nebraska Department of Roads 2010 -
2015 Surface Transportation Program. (PLACED ON
FILE)
PETITIONS & COMMUNICATIONS
2) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
CHANGE OF ZONE NO. 09016 - Requested by
Kabredlo's, Inc., from O-2 Suburban Office
District to B-3 Commercial District, on property
legally described as Lot 10, Block 39, College
View, located in the SW 1/4 of Section 5-9-7,
Lancaster County, Nebraska, generally located at
S. 48th Street and Meredeth Street.
SPECIAL PERMIT NO. 09016 - Requested by
Mental Health Assoc. of Nebraska, for a Health
Care Facility more specifically convalescent
home, with requests to waive requirements for
front and side yard landscaping and required
10ft side yard on property legally described as
Lot 4, Block 24, Knob Hill, located in the NE
1/4 of Section 2-9-6, Lancaster County,
Nebraska, located at 2817 S. 14th Street.
SPECIAL PERMIT NO. 09018 - Requested by Gery
VerMaas, for expansion of a nonstandard attached
garage, on property legally described as the
north 75 feet of Lot 12, Block 4, Knob Hill
Addition, located in the NW 1/4 of Section 1-9-
6, Lancaster County, Nebraska, generally located
at S. 14th Street and Otoe Street.
SPECIAL PERMIT NO. 09020 - Requested by
Kabredlo's, Inc., for expansion of a
nonconforming use, on property legally described
as Lots 10-12, Block 39, College View, located
in the SW 1/4 of Section 5-9-7, Lancaster
County, Nebraska, generally located at S.
48th Street and Meredeth Street.
3) Setting the Hearing date of Monday, August 3,
2009 at 3:00 p.m. for the App. of KWIK Shop,
Inc. dba KWIK Shop #680 for a Class D liquor
license located at 1441 N Cotner Blvd.
(ADOPTED, 7-0; A-85429)
4) Setting the Hearing date of Monday, August 3,
2009 at 3:00 p.m. for the Application of
Shoemaker's Truck Station, Inc. dba Shoemaker's
Truck Station for a Class D liquor license
located at 151 SW 48th Street.
(ADOPTED, 7-0; A-85430)
5) Setting the Hearing date of Monday, August 10,
2009 at 1:30 p.m. for the App. of TCN, Inc. dba
Chinasia Caf‚ for a Class A liquor license
located at 2704 Y Street. (ADOPTED, 7-0;
A-85431)
6) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Lincoln Pub Group, Inc. dba
N-Zone for a special designated license covering
an outdoor area measuring approximately 65 feet
by 50 feet immediately adjacent to its licensed
premises located at 728 ½ Q Street on
September 5, 12, 26; October 17, 24; November 7,
21, 2009 from 8:00 a.m. to 12:00 a.m.
(ADOPTED FOR APPROVAL, 7-0; A-85432)
8) Application of Old Federal Place, LLC dba
Jasmine Room for a special designated license
covering an outdoor area measuring approximately
260 feet by 27 feet immediately adjacent to the
north of its licensed premises located at 129 N.
10th Street on September 5, 12, 26; October 17,
24; November 7, 21, 2009 from 8:00 a.m. to 1:00
a.m. (ADOPTED FOR APPROVAL, 7-0; A-85433)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 12 HAD 2ND READING)
9) 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)
10) 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)
11) 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)
12) 09-93 Authorizing the issuance of not to exceed
$16,000,000 Water Revenue Bonds of the City.
PUBLIC HEARING - RESOLUTIONS
13) 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. (AMENDED TO REMOVE DANIEL FINDLEY CLAIM, 7-0;
ADOPTED AS AMENDED, 7-0; A-85434)
Fact Sheet (14K)
Attachment (19K)
14) 09R-124 Approving the naming of the North 27th Street
Bridge for the MoPac Trail as the Elaine Hammer
Bridge. (ADOPTED, 7-0; A-85435)
Fact Sheet (38K)
15) 09R-125 Approving the naming of the shelter at the
Jamaica North Trailhead near 25th and Saltillo
Road as the Bryan Backhaus Shelter.
(ADOPTED, 7-0; A-85436)
Fact Sheet (40K)
16) 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. (ADOPTED, 7-0; A-85437)
Fact Sheet (41K)
Attachment (249K)
17) 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. (ADOPTED, 7-0; A-85438)
Fact Sheet (12K)
Attachment (79K)
18) 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.
(ADOPTED, 7-0; A-85439)
Fact Sheet (13K)
Attachment (80K)
19) 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. (ADOPTED, 7-0; A-85440)
Fact Sheet (12K)
Attachment (80K)
20) 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.
(ADOPTED, 7-0; A-85441)
Fact Sheet (12K)
Attachment (44K)
21) 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. (ADOPTED, 7-0; A-85442)
Fact Sheet (42K)
Attachment (1600K)
22) 09R-120 Approving the labor contract between the City
and the Public Association of Government
Employees (PAGE) effective August 20, 2009.
(DELAYED ONE WEEK W/CONT. PUBLIC HEARING
& ACTION TO 7/27/09, 7-0)
Fact Sheet (36K)
Attachment (402K)
23) 09R-121 Approving the labor contract between the City
and the Amalgamated Transit Union effective
August 20, 2009. (DELAYED ONE WEEK W/CONT.
PUBLIC HEARING & ACTION TO 7/27/09, 7-0)
Fact Sheet (39K)
Attachment (150K)
24) 09R-122 Approving the labor contract between the City
and the Lincoln M Class Employees Association
(M) effective August 20, 2009. (SUBSTITUTE PAGE 11
OF AGREEMENT, ADOPTED, 7-0; DELAYED ONE WEEK W/CONT.
PUBLIC HEARING & ACTION TO 7/27/09, 7-0)
Fact Sheet (37K)
Attachment (165K)
25) 09R-123 Approving the labor contract between the City
and the Lincoln City Employees Association
(LCEA) effective August 20, 2009.
(DELAYED ONE WEEK W/CONT. PUBLIC HEARING
& ACTION TO 7/27/09, 7-0)
Fact Sheet (38K)
Attachment (822K)
26) 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.(ADOPTED, 7-0; A-85443)
Fact Sheet (12K)
Attachment (141K)
27) 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)).((ADOPTED, 7-0; A-85444)
Fact Sheet (13K)
Attachment (449K)
Attachment (425K)
Attachment (418K)
Attachment (413K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 28 HAD 1ST READING)
28) 09-95 Amending Chapter 22.05 of the Lincoln
Municipal Code relating to the Lincoln
Construction Sign Code by amending Section
22.05.010 to revise the title of the code;
by amending Section 22.05.020 to delete
definitions and to provide that terms shall
have the same meaning as defined in Chapter
27.69 of the Lincoln Municipal Code; by
amending Section 22.05.030 to provide
specific reference for exceptions; by
amending Section 22.05.050 to modify the
listing of signs for which a permit is not
required; by amending Section 22.05.060 to
include new sign permit fees, to increase
other fees, and to provide that no refund
shall be issued on a permit where the
required refund amount is less than $50.00;
by amending Section 22.05.080 to clarify
that sign clearance from overhead
electrical conductors shall be that
required by the current edition of the
Lincoln Electrical Code or as recommended
by the serving utility company and by
deleting Table 22.05.080; by amending
Section 22.05.090 to clarify that a
reference is to the current edition of the
Lincoln Electrical Code; by amending
Section 22.05.100 to provide construction
standards for freestanding signs and to
delete reference to pole signs; by
repealing Section 22.05.110 and 22.05.120
relating to ground signs and roof signs,
respectively; by amending Section 22.05.160
to provide that electric signs and electric
equipment used in connection with
illuminated signs shall be installed in
accordance with the current edition of the
Lincoln Electrical Code; by amending
Section 22.05.170 to clarify that signs on
vehicles which are used for the primary
purpose of being a sign are not permitted;
by amending Section 22.05.190 to prohibit
temporary ground signs except as provided
in Section 22.05.170; and repealing
Sections 22.05.010, 22.05.020, 22.05.030,
22.05.050, 22.05.060, 22.05.080, 22.05.090,
22.05.100, 22.05.150, 22.05.170, and
22.05.190 of the Lincoln Municipal Code as
hitherto existing.
Fact Sheet (42K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 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.
(PASSED, 6-0; CAMP, CARROLL, COOK, EMERY,
HORNUNG, SNYDER ASSENTING; SPATZ ABSTAINING; #19278)
Fact Sheet (240K)
30) 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.
(PASSED, 7-0; #19279)
Fact Sheet (417K)
31) 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. (PASSED, 7-0; #19280)
Fact Sheet (46K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (See Bill No. 09R-103; SEE ITEM #38)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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) (Request to remove from
Pending for P.H. & Action on 8/3/09)
(REMOVED FROM PENDING TO HAVE P.H. & ACTION
ON 8/3/09, 7-0)
Fact Sheet (43K)
Attachment (108K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 27, 2009, AT 5:30 P.M.
(APPROVED, 7-0)
39) 09R-129 Appointing Jayne Snyder to the Lincoln-Lancaster
County Board of Health for a three-year term
expiring April 15, 2012.
40) 09R-130 Approving an Agreement between the City of
Lincoln and the Nebraska Department of Health
and Human Services for the Minority Health
Initiative Project for July 1, 2009 through June
30, 2011.
Fact Sheet (39K)
Attachment (392K)
41) 09R-131 Approving an Agreement between the City of
Lincoln and the Nebraska Department of Health
and Human Services for the Tobacco
School/Community/ Outreach Project for July 1,
2009 through June 30, 2011.
Fact Sheet (40K)
Attachment (473K)
42) 09R-132 Approving the Memorandum of Agreement Regarding
Funding, Construction, and Endowment of a
Fountain at Union Plaza, and Endowment of a
Public Gardens Internship Program between the
City, Lincoln Parks Foundation and Trustee for
the Ken Good Estate to fund development and
endowment of a fountain in Union Plaza located
between O and P Streets.
Fact Sheet (60K)
Attachment (126K)
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 4:02 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.
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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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