InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


       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.
     


                              ***
                    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
                              ***
                              

City Council
Meetings