
City of Lincoln
City Council Office
City Council Office
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD MONDAY, DECEMBER 15, 2008 AT 1:30 P.M. THERE WILL BE NO CITY COUNCIL MEETINGS THE WEEKS OF DECEMBER 22 AND DECEMBER 29 DUE TO THE HOLIDAYS MAYOR'S AWARD OF EXCELLENCE ALL MEMBERS PRESENT EXCEPT COOK MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF OCTOBER IS GREG TOPIL, ENGINEERING SPECIALIST OF PUBLIC WORKS & UTILITIES, ENGINEERING SERVICES DIVISION IN THE CATEGORIES OF CUSTOMER RELATIONS & PRODUCTIVITY. MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF NOVEMBER IS MICHAEL HEYL, PUBLIC HEALTH EDUCATOR II OF THE HEALTH DEPARTMENT IN THE CATEGORY OF PRODUCTIVITY. Anyone wishing to address an item on the Consent Agenda may do so at this time PUBLIC HEARING - CONSENT AGENDA - REPORTS OF CITY OFFICERS 1) Setting the hearing date of Monday, January 12, 2009, 1:30 p.m. for the Board of Equalization Special Assessment Group by Public Works. (ADOPTED, 6-0; A-85167) 2) Report from City Treasurer of Telecommunications Occupation Tax for the month of September 2008: Windstream Systems of the Midwest, Windstream Nebraska, TWC Digital Phone, New Cingular Wireless, Sprint, USCOC of Greater Iowa, Nebraska Technology & Telecomm., AT&T Comm. of Midwest, Cricket, Globalstar USA, Wholesale Carrier, UCN, Granite, Global Crossing, Who's Calling, Trans National Comm. Int'l, USCOC of Nebraska/Kansas, Primus, McLeodUSA, Working Assets Funding Service, AccessLine Comm., Qwest, ACN Comm., Verizon Long Distance/Bell Atlantic, OnStar, PNG, AireSpring, Broadwing, Network Billing Systems, HELIO, Verizon Select Services, AirCell, IDT Domestic, TCG Omaha, Comtel Telecom Assets, Intellicall Operator Service, Virgin Mobile USA, CIMCO, Guaranteed Phone Service, Telecorp, Business Telecom., Arizona Telephony, EarthLink, New Edge Networks, Cincinnati Bell Any Distance, TracFone Wireless, VoiceCom, XO Comm., Quantum Shift, KDDI America, TON Services, Business Prod. Solutions, ATI, IBM Global, Norstan Network; October 2008: Nextel, D&D Comm., Alltel, Alltel Comm. of Nebraska, MCI Comm., SBC Long Distance, TRI-M, Zone Telecom, Lightyear Network Solutions, GTC, Enhanced Comm., 360networks (USA), NOSVA, Global Com, First Comm., Wholesale Carrier, NOS Comm., Covista, LDMI, ATS Mobile Telephone Co., Unite Private Networks; July 2008 -September 2008: Telenational Comm., T-Mobile Central, Startec Global Operating, Reliance Comm. Int'l, Southwest Comm., OPEX, MegaPath, Windstream Nebraska. (PLACED ON FILE) 3) Report from City Treasurer of franchise tax for the 3rd quarter, July 2008 - September 2008, from Matrix Telecom, Inc. (PLACED ON FILE) 4) Report from City Treasurer of E911 Telecommunication Occupation Tax for October, 2008: Level 3 Comm., TWC Digital Phone, Granite Telecomm., ACN Comm. Services, Comtel Telcom Assets, AT&T Comm. of Midwest, Budget Prepay, Level 3 Comm., TWC Digital Phone, Qwest Comm., AT&T Comm. of Midwest, 8x8, Inc. (PLACED ON FILE) PETITIONS & COMMUNICATIONS 5) Setting the Hearing Date of Monday, January 12, 2009 at 1:30 p.m. for the Application of Nav V. Duong dba Nam's for a Class C liquor license located at 940 N. 27th Street. (ADOPTED, 6-0; A-85168) 6) MISCELLANEOUS REFERRALS - END CONSENT AGENDA - PUBLIC HEARING LIQUOR RESOLUTIONS 7) Application of Carmela's Bistro & Wine Bar LLC dba Carmela's Bistro & Wine Bar for the addition of a catering license to its Class C liquor license at 4141 Pioneer Woods Drive, Suite 110. (ADOPTED FOR APPROVAL, 6-0; A-85169) 8) Application of DawgHouse, Inc. dba DawgHouse Bar for a Class C liquor license at 2050 Cornhusker Highway.(ADOPTED FOR APPROVAL, 6-0; A-85170) 9) Manager application of Ryan D. Worley for DawgHouse, Inc. dba DawgHouse Bar at 2050 Cornhusker Highway.(ADOPTED FOR APPROVAL, 6-0; A-85171) 10) Application of BDF, LLC dba Chasers for a Class C and K liquor license at 140 North 12th Street. (ADOPTED FOR APPROVAL, 6-0; A-85172) 11) Manager application of Barry D. Franzen for BDF, LLC dba Chasers at 140 North 12th Street. (ADOPTED FOR APPROVAL, 6-0; A-85173) 12) Application of Raider, LLC dba Blue Mountain Smokehouse Pizza for a Class I liquor license at 8600 Amber Hill Court, Suite 100. (ADOPTED FOR APPROVAL, 6-0; A-85174) 13) Manager application of Kelvin M. Korver for Raider, LLC dba Blue Mountain Smokehouse Pizza at 8600 Amber Hill Court, Suite 100. (ADOPTED FOR APPROVAL, 6-0; A-85175) 14) Application of L&M Foods, Inc. dba Sam & Louie's for a Class I liquor license at 4131 Pioneer Woods Drive, Suite 102. (ADOPTED FOR APPROVAL, 6-0; A-85176) 15) Manager application of Larry J. Jurgens for L&M Foods, Inc. dba Sam & Louie's at 4131 Pioneer Woods Drive, Suite 102. (ADOPTED FOR APPROVAL, 6-0; A-85177) 16) Application of Down Home Inc. dba Court Side Banquet for a Class I liquor license at 710 Hill Street.(ADOPTED FOR APPROVAL, 6-0; A-85178) 17) Manager application of James E. Joneson for Down Home Inc. dba Courtside Banquet at 710 Hill Street. (ADOPTED FOR APPROVAL, 6-0; A-85179) 18) Application of Beacon Hills of Lincoln LLC dba Beacon Hills for an I and K liquor license at 5353 North 27th Street.(ADOPTED FOR APPROVAL, 6-0; A-85180) 19) Manager application of Ronnie L. Sorensen for Beacon Hills of Lincoln LLC dba Beacon Hills at 5353 North 27th Street. (ADOPTED FOR APPROVAL, 6-0; A-85181) PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) NONE PUBLIC HEARING - RESOLUTIONS 20) 08R-311 Authorizing the City's negotiation team to present the Labor Contract to IAFF Local 644 for the period of August 21, 2008 through August 31, 2009 as the City's last best offer on the terms as outlined in the proposed contract as Option 1.(12/8/08 - P.H. & Action con't to 12/15/08)(PLACED ON INDEFINITE PENDING, 6-0) Fact Sheet (139K) Attachment (139K) 21) 08R-312 Authorizing the City's negotiation team to present the Labor Contract to IAFF Local 644 for the period of August 21, 2008 through August 31, 2009 as the City's last best offer on the terms as outlined in the proposed contract as Option 2. (12/8/08 - P.H. & Action con't to 12/15/08)(PLACED ON INDEFINITE PENDING,6-0) Fact Sheet (139K) Attachment (139K) 22) 08R-299 Approving an agreement between the City and the University of Nebraska-Lincoln to conduct stormwater monitoring to meet the requirements of the City's NPDES stormwater permit for a period of one year from January 1, 2009 through December 31, 2009. (ADOPTED, 6-0; A-85182) Fact Sheet (13K) Attachment (1079K) 23) 08R-313 Assessing the costs incurred for cutting, clearing and removing weeds against the various benefitted properties for the period of January 1 through December 31, 2008.(ADOPTED, 6-0; A-85183) Attachment (510K) 24) 08R-315 Authorizing acceptance of a donation by Noel Chadd of approximately 0.53 acres of land generally located between the western boundary of West Lincoln Park and N.W. 4th Street. (ADOPTED, 6-0; A-85184) Fact Sheet (99K) 25) 08R-316 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of November 16 - 30, 2008. (ADOPTED, 6-0; A-85185) Fact Sheet (14K) Attachment (19K) 26) 08R-317 Approving an Interlocal Agreement between the City, County and United Way for the purpose of defining the parties' participation in the funding oversight and administration of the Community Services Initiative - Lincoln (CSI) Project. (ADOPTED, 6-0; A-85186) Attachment (101K) 27) 08R-318 Approving an Agreement between the City and HBE Becker Meyer Love, LLP, for the provision of an agreed upon procedure relating to government funds for compensation in an amount not to exceed $5,500. (ADOPTED, 6-0; A-85187) Fact Sheet (18K) Attachment (1510K) - END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 28 THRU 30 HAD 1ST READING; SEE ITEM 29) 28) 08-169 Approving a six-year lease agreement between the City and Frontier Harley Davidson Inc. for seven police motorcycles. Attachment (655K) 29) 08-170 Change of Zone 08058 Application of Brian and Debra Marshall and Earl Visser for a change of zone from R-2 Residential District to R-T Residential Transition District on property generally located at 3333 A Street and 3345 A Street. (1ST READING SUSPENDED; INTRODUCTION 1/5/09 W/USE PERMIT 08002 W/PUBLIC HEARING 1/12/09, 6-0) Fact Sheet (772K) 30) 08-171 Change of Zone 08057 Application of Urban Development for a change of zone from B-3 Commercial District to P Public Use District and from B-3 Commercial District to B-3 Commercial PUD on property generally located at North 48th Street from Colby Street to Adams Street. Fact Sheet (399K) ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 31) 08R-170 Approving the Wilderness Commons Conditional Annexation and Zoning Agreement between the City and Lincoln Federal Bancorp, Security Financial Life Insurance, Buffalo Grass LLC, B&J Partnership, Allen R. Hohensee and Susan K. Hohensee, relating to the annexation of approximately 92 acres of property generally located on the west side of South 40th Street and south of Yankee Hill Road. (Related Items: 08R-170, 08-95, 08-96) (Action Date: 12/15/08) (ADOPTED SUBSTITUTE AGREEMENT #2, 6-0; ADOPTED AS AMENDED, 6-0; A-85188) Attachment (21K) Motion To Amend 1 (2176K) Motion To Amend 2 (2053K) 32) 08-95 Annexation No. 06019 - Application of Lincoln Federal Bancorp to amend the Lincoln Corporate Limits Map by annexing approximately 92 acres of property generally located on the west side of South 40th Street and south of Yankee Hill Road (Related Items: 08R-170, 08-95, 08-96) (PASSED, 6-0; #19182). Fact Sheet (579K) Attachment (355K) 33) 08-96 Change of Zone 06075 - Application of Lincoln Federal Bancorp for a change of zone from AG Agricultural District to B-2 Planned Neighborhood Business District and R-5 Residential District for a Planned Unit Development District consisting of approximately 300 dwelling units in the underlying R-5 zoned area and approximately 600,000 square feet of office/retail floor area in the underlying B-2 zoned area on property generally located on the west side of South 40th Street and south of Yankee Hill Road. (Related Items: 08R-170, 08-95, 08-96) (PASSED, 6-0; #19183) Fact Sheet (637K) 34) 08R-306 Approving the Wilderness Heights Conditional Annexation and Zoning Agreement between the City and Lincoln Federal Bancorp relating to the annexation of approximately 153 acres of property generally located on the east side of South 40th Street and south of Yankee Hill Road. (Related Items: 08R-306, 08-167, 08-168) (Action Date: 12/15/08) (ACCEPTED SUBSTITUTE AGREEMENT #2, 6-0; ADOPTED AS AMENDED, 6-0; A-85189) Attachment (2118K) Motion To Amend 1 (1993K) Motion To Amend 2 (1577K) 35) 08-167 Annexation No. 07003 - Application of Lincoln Federal Bancorp to amend the Lincoln Corporate Limits Map by annexing approximately 153.28 acres of property generally located southeast of the intersection of South 40th Street and Yankee Hill Road. (Related Items: 08R-306, 08-167, 08-168) (PASSED, 6-0; #19184) Fact Sheet (195K) 36) 08-168 Change of Zone 07060 - Application of Lincoln Federal Bancorp for a change of zone from AG Agricultural District to B-2 Planned Neighborhood Business District for Wilderness Heights Planned Unit Development and from AG Agricultural District to R-3 Residential District for a Planned Unit Development District designation on the B-2 portion of the property, and for approval of a development plan which proposes modifications to the Zoning Ordinance, Land Subdivision Ordinance and Design Standards to allow approximately 225,000 square feet of commercial floor area and approximately 60 dwelling units on property generally located southeast of the intersection of South 40th Street and Yankee Hill Road. (Related Items: 08R-306, 08-167, 08-168) (PASSED, 6-0; #19185) Fact Sheet (1021K) 37) 08-161 Vacation No. 08007 - Application of Hoppe Partners, Ltd. to vacate the west 162 feet of the east-west alley between South 19th Street and South 20th Street and between K Street and L Street.(ADOPTED AMENDMENT, 6-0; PASSED AS AMENDED, 6-0; #19186) Fact Sheet (201K) 38) 08-162 Amending the pay schedule for a certain employee group by adjusting the hourly pay range schedule and schedules of annual, monthly, biweekly and hourly pay range equivalents for employees of the City of Lincoln whose classifications are assigned to pay ranges prefixed by the letter "E" to be effective January 22, 2009. (PASSED, 6-0; #19187) Fact Sheet (138K) Attachment (91K) 39) 08-163 Amending the pay schedule for a certain employee group by deleting the classifications of Women's Commission Manager, Affirmative Action Officer, and Director of Libraries. (PASSED, 6-0; #19188) Fact Sheet (138K) 40) 08-164 Change of Zone No. 08054 - Amending Section 27.67.030 of the Lincoln Municipal Code to limit parking in the front yard in the R-1 through R-4 zoning districts to one- and two-family dwellings and repealing Section 27.67.030 of the Lincoln Municipal Code as hitherto existing. (PASSED, 6-0; #19189) Fact Sheet (14K) 41) 08-165 Change of Zone 08055 - Amending Title 27 of the Lincoln Municipal Code to allow domestic shelters to be operated by for-profit entities in the H-2, H-3 and H-4 Commercial Districts by amending Section 27.03.213 to provide that domestic shelters comply with all applicable state licensure requirements; amending Sections 27.41.020, 27.43.020, and 27.45.020 to add domestic shelters as a permitted use in H-2, H- 3, and H-4 Commercial Districts, respectively; and repealing Sections 27.03.213, 27.41.020, 27.43.020, and 27.45.020 of the Lincoln Municipal Code as hitherto existing. (PASSED, 6-0; #19190) Fact Sheet (104K) 42) 08-166 Change of Zone 08056 - Amending Section 27.27.020 of the Lincoln Municipal Code to allow domiciliary care facilities, group homes, and elderly or retirement housing as permitted uses in the O-3 Office Park District; and repealing Section 27.27.020 of the Lincoln Municipal Code as hitherto existing. (See Bill No. 08-131 on Pending)(PASSED, 6-0; #19191) Fact Sheet (138K) RESOLUTIONS - FOR COUNCIL ACTION ONLY 43) 08R-291 Approving a Safety Improvement Project Agreement between the City and the Nebraska Department of Roads so that federal and state funding may be used for the engineering and construction of a roundabout at the intersection of North 14th Street and Cornhusker Highway.(11/17/08 - P.H. & Action con't. to 12/1/08) (12/1/08 - Action delayed 1 Week to 12/8/08) (12/8/08 - Action delayed 1 week to 12/15/08)(DELAYED ACTION W/PUBLIC HEARING TO 1/5/09, 6-0) Fact Sheet (971K) Attachment (521K) 44) 08R-302 Adopting the Lincoln Electric System Annual Budget for 2009, to become effective January 1, 2009. (Action Date: 12/15/08)(ADOPTED, 6-0; A-85190) Fact Sheet (172K) Attachment (25K) Attachment 2 (578K) PENDING LIST - DATE CERTAIN NONE PENDING LIST (EXTENDED ONE WEEK) 45) 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) 46) 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) 47) 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) 48) 08-63 Annexation No. 08003 - Amending the Lincoln Corporate Limits Map by annexing approximately 63.13 acres of property generally located at N. 35th Street and Superior Street. (Related Items: 08-63, 08-64) (6/9/08 - Placed on Pending, No Date Certain) Fact Sheet (232K) 49) 08-64 Change of Zone 08019 - Application of Robert and Victoria Rokeby for a change of zone from R-3 Residential District to H-3 Highway Commercial District on property generally located at N. 35th Street and Superior Street. (Related Items: 08-63, 08-64) (6/9/08 - Placed on Pending, No Date Certain) Fact Sheet (291K) 50) 08R-193 Approving the Development and Conditional Zoning Agreement between the City and Boyce Construction, Inc. for the development of the property located at North 14th Street and Superior Street subject to restrictions on maximum density, drive access to North 14th Street, and a drive access to the north boundary of the property to be compatible with the adjacent residential neighborhood. (Related Items: 08R-193, 08-111) (Action Date: 9/8/08) (8/25/08 - Placed on Pending Indefinitely) Attachment (224K) 51) 08-111 Change of Zone 08036 - Application of Boyce Construction for a change of zone from R-2 Residential District to R-5 Residential District on approximately 29,227 sq. ft. generally located at N. 14th Street and Superior Street. (Related Items: 08R-193, 08-111) (8/25/08 - Placed on Pending Indefinitely) Fact Sheet (1795K) 52) 08-131 Change of Zone 08045 - Amending Sections 27.19.030, 27.21.030, 27.23.030, 27.24.030, 27.27.025 and 27.67.040 of the Lincoln Municipal Code to clarify that group homes must comply with all applicable state and local code requirements and to add domiciliary care facility and elderly or retirement housing as a conditional permitted use in the R-5, R-6, R-7, R-8, and O-3 zoning districts, and repealing Sections 27.19.030, 27.21.030, 27.23.030, 27.24.030, 27.27.025 and 27.67.040 as hitherto existing. (9/29/08 - Placed on Pending Indefinitely) (See Bill No. 08-166 on 3rd Reading) Fact Sheet (62K) 53) 08R-297 Approving a Cooperative Agreement between the Nebraska Department of Environmental Quality and the City of Lincoln regarding State of Nebraska Grant funding from the Stormwater Management Plan. (12/1/08 - Placed on Pending Indefinitely) Fact Sheet (20K) Attachment (255K) 54) 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) WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, JANUARY 5, 2009 AT 1:30 P.M.: (APPROVED, 6-0) 55) 08R-319 Special Permit 384F Application of Tabitha, Inc. to amend the Tabitha Health Care Services special permit to add an approximately 63-person assisted living facility and to expand the boundary of the campus to provide an additional 65 parking spaces, with request to waive setbacks and height requirements, on property generally located at South 48th Street and Randolph Street. Fact Sheet (1177K) 56) 08R-320 Approving a three-year contract between the City and Continuum Employee Assistance Training Consulting for employee assistance program services for a period beginning January 1, 2009 and ending December 31, 2011. Fact Sheet (40K) Attachment (269K) 57) 08R-321 Approving the appointment of Fred Hoke as Director of Building and Safety effective December 15, 2008. 58) 08R-322 Assessing the Cost of Demolition of the Unsafe Buildings at 1245 North 21st Street and 2040 South 18th Street. Fact Sheet (83K) Attachment (77K) RECONSIDERATION Dan Marvin moved to reconsider Bill No. 08R-310/A-85166. Seconded by Emery. FAILED 1-5; MARVIN ASSENTING; CAMP, EMERY, ESCHLIMAN, SPATZ, SVOBODA DISSENTING. Please note: During the Open Microphone & Registered Section of the agenda, individuals are allowed a total of 5 minutes to speak whether registered or not regardless of number of topics. The Open Microphone and Registered Section is available on the 2nd & Last Monday of each month. ANY PERSON DESIRING TO HAVE THEIR NAME & SUBJECT MATTER LISTED ON THE FORMAL AGENDA PERTAINING TO MATTERS NOT ON THE CURRENT AGENDA, OR NOT SCHEDULED TO APPEAR ON A FUTURE AGENDA, SHOULD NOTIFY THE CITY CLERK IN WRITING BY 10:00 A.M. ON THE WEDNESDAY (1/7/09) PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN OPEN MICROPHONE SESSION WHICH IS 1/12/09. 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 JANUARY ARE THE 12TH AND 26TH. ADJOURNMENT 3:19 P.M. ANNOUNCEMENTS: December Council meetings: December 1 at 1:30 p.m. December 8 at 5:30 p.m.; December 15 at 1:30 p.m. The first Council meeting in 2009 is scheduled for Monday, January 5 at 1:30 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 ***