
City of Lincoln
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CURRENT CITY COUNCIL AGENDA FOR THE REGULAR CITY COUNCIL MEETING TO BE HELD MONDAY, MAY 18, 2009 AT 1:30 P.M. THERE WILL BE NO COUNCIL MEETING THE WEEK OF MAY 25TH DUE TO THE HOLIDAY PUBLIC HEARING LIQUOR RESOLUTIONS NONE PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) 1) 09-78 Amending Section 10.14.250 of the Lincoln Municipal Code, relating to speed regulations, to bring said section into conformity with state statute by providing a fine for traveling more than 35 mph over the authorized speed limit and establishing ranges for fines of twenty-one miles per hour to thirty-five miles per hour over the authorized speed limit, and thirty-six miles per hour or more over the authorized speed limit relating to the definition and fines for speeding in a construction zone; and repealing Section 10.14.250 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (16K) PUBLIC HEARING - RESOLUTIONS 2) 09R-60 Approving the Memorandum of Agreement regarding funding, renovation, and operation of Hazel Abel Park between the City, Lincoln Parks Foundation and Abel Foundation for funding a major renovation and establishment of an endowment fund for Hazel Abel Park located at South 18th and E Streets. (4/20/09 - Con't Public Hearing w/ Action for two weeks to 5/4/09) (5/4/09 - Con't Public Hearing w/ Action on 5/18/09) Fact Sheet (65K) Attachment (107K) Motion To Amend 2 (120K) 3) 09R-77 Approving a transfer of appropriations in the amount of $34,759.00 from the General Fund/Contingency to the Parks and Recreation Aquatics Account, and an increase in appropriations of $16,500.00 from anticipated pool revenue, for a total amount of $51,259.00 for the operation of Meadow Heights Pool during the summer of 2009. Fact Sheet (48K) 4) 09R-78 Confirming the appointment of Douglas L. Curry as Administrator and CEO of the Lincoln Electric System effective May 1, 2009. Fact Sheet (30K) Attachment (47K) - END PUBLIC HEARING - ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required) 5) 09-66 Creating Special Assessment Water District No. 1198 for the purpose of constructing a 12-inch diameter water main or mains in North 58th Circle, north of Arbor Road approximately 600 feet and assessing the costs thereof against the benefitted properties. Fact Sheet (12K) Attachment (593K) 6) 09-67 Creating Improvement District No. 184 for the purpose of acquiring easements or additional right-of-way necessary for the construction of a 12-inch diameter water main or mains in North 58th Circle, north of Arbor Road approximately 600 feet and assessing the costs thereof against the benefitted properties. Fact Sheet (13K) Attachment (597K) 7) 09-68 Creating Special Assessment Water District No. 1199 for the purpose of constructing a 12-inch diameter water main or mains east of North 58th Circle, north of Arbor Road, in Arbor Road Second Addition Condominium, and assessing the costs thereof against the benefitted properties. Fact Sheet (12K) Attachment (629K) 8) 09-69 Creating Improvement District No. 185 for the purpose of acquiring easements or additional right-of-way necessary for the construction a 12-inch diameter water main or mains east of North 58th Circle, north of Arbor Road, in Arbor Road Second Addition Condominium, and assessing the costs thereof against the benefitted properties. Fact Sheet (13K) Attachment (630K) 9) 09-70 Creating Special Assessment Water District No. 1200 for the purpose of constructing a 12-inch diameter water main or mains east of North 56th Street, between Salt Creek and Arbor Road, and assessing the costs thereof against the benefitted properties. Fact Sheet (12K) Attachment (619K) 10) 09-71 Creating Improvement District No. 186 for the purpose of acquiring easements or additional right-of-way necessary for the construction a 12-inch diameter water main or mains east of North 56th Street, between Salt Creek and Arbor Road, and assessing the costs thereof against the benefitted properties. Fact Sheet (13K) Attachment (630K) 11) 09-72 Creating Special Assessment Sewer District No. 1184 for the purpose of constructing 8- inch and 12-inch diameter sanitary sewers east of North 56th Street from Salt Creek to Interstate 80, and assessing the costs thereof against the benefitted properties. Fact Sheet (12K) Attachment (511K) 12) 09-73 Creating Improvement District No. 187 for the purpose of acquiring easements or additional right-of-way necessary for the construction 8-inch and 12-inch diameter sanitary sewers east of North 56th Street from Salt Creek to Interstate 80, and assessing the costs thereof against the benefitted properties. Fact Sheet (13K) Attachment (519K) 13) 09-74 Street Name Change 09002 - Renaming Countryview Lane, located south of Yankee Hill Road and west of South 70th Street in Countrylane 1st Addition, as Countryview Road. Fact Sheet (177K) 14) 09-75 Authorizing the issuance of tax allocation bonds with a total not to exceed $950,000.00 for the City of Lincoln, Shoemaker's Travel Plaza Redevelopment Project. Motion To Amend 1 (126K) 15) 09-76 Amending Ordinance No. 19151 which authorized and provided for the issuance of a Perot System Redevelopment Project Tax Allocation Bond, Series 2009, in a total principal amount not to exceed $3,750,000.00. 16) 09-77 Amending Section 4.20.010 of the Lincoln Municipal Code relating to the Board of Directors of the Library Board of the City of Lincoln to amend the term of said directors; and repealing Section 4.20.010 of the Lincoln Municipal Code as hitherto existing. Fact Sheet (16K) LIQUOR RESOLUTION - ACTION ONLY 17) Application of Old Federal Place LLC dba Jasmine Room to expand its presently licensed Class I liquor license to include the Jasmine Room, Unit 107, Unit 108, Unit 109 and the Commons areas at 129 North 10th Street. (5/11/09 - Delayed 1 week for Action Only) PENDING LIST - DATE CERTAIN NONE PENDING LIST 18) 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) 19) 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) 20) 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) 21) 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) 22) 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) 23) 09R-54 Approving a Funding Agreement between the City and State Department of Roads so that the identified projects will be eligible for Federal Highway Stimulus Funds provided by the American Recovery and Reinvestment Act of 2009 for a six-lane divided concrete pavement, Project No. LCLC- 55(168), Antelope Valley North/South Roadway, P Street to Vine Street. (4/13/09 - Public Hearing & Action continued for 1 week to 4/20/09) (4/20/09 - Placed on Pending Indefinitely) Fact Sheet (13K) Attachment (385K) 24) 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) At the 2/9/09 City Council Organizational Meeting, the Register to Speak Session was repealed by a consensus of members present. Please note: 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. THERE IS ONLY ONE OPEN MICROPHONE SESSION DURING THE MONTH OF MAY WHICH IS MAY 11TH. ADJOURNMENT NEW CITY COUNCIL AGENDA FOR MONDAY, MAY 18, 2009, 1:30 P.M. (Immediately Following the Adjournment of the Current City Council Meeting) CITY CLERK ADMINISTERS OATH OF OFFICE TO NEWLY ELECTED COUNCIL MEMBERS EUGENE CARROLL, ADAM HORNUNG, JAYNE SNYDER MAYOR BEUTLER CALLS THE MEETING TO ORDER AND CONDUCTS ELECTION OF COUNCIL CHAIRPERSON (Acts as Temporary Chair & Calls for Nominations from Council Members) CHAIRPERSON CONDUCTS ELECTION OF VICE CHAIR (Calls for Nominations from Council Members) PUBLIC HEARING - RESOLUTIONS 1) 09R-79 A resolution in appreciation of Robin Eschliman for her service to the City as a member of the City Council. 2) 09R-80 A resolution in appreciation of Dan Marvin for his service to the City as a member of the City Council. 3) 09R-81 A resolution in appreciation of Ken Svoboda for his service to the City as a member of the City Council. Anyone wishing to address an item on the Consent Agenda may do so at this time - CONSENT AGENDA - REPORTS OF CITY OFFICERS 4) Clerk's Letter and Mayor's Approval of ordinances and resolutions passed by Council on May 4, 2009. (Placed on file) 5) Report from City Treasurer of franchise tax for the first quarter ending March 31, 2009 from Time Warner Cable. (Placed on file) 6) Report from City Treasurer of franchise tax for the month of March 2009 from Black Hills/Nebraska Gas Utility Company, LLC. (Placed on file) 7) Report from City Treasurer of Telecommunication Occupation Tax for the month of September, 2008: Globalcom; Oct., 2008 - Dec. 2008: Telenational Comm.; Feb. 2009 - March 2009: Orbitcom; Jan. 2009 - March 2009: Comtech 21, NECC Telecom, CA Affinity, T-Mobile Central, iNetworks Group, AmeriVision, Enhanced Comm. Group, Digizip.com, The Sienna Group, Association Administrators; Feb. 2009: Windstream Systems of the Midwest, Windstream Nebraska, USCOC of Greater Iowa, New Cingular Wireless PCS, TWC Digital Phone, Verizon Wireless, AT&T Comm. of Midwest, Nebraska Technology & Telecomm., UCN, ACN Comm. Services, Virgin Mobile USA, CIMCO Comm. KDDI America, Granite, Omaha Cellular Telephone Co., Global Crossing, Verizon Select Services, Sioux City MSA, Primus, Working Assets Funding Service, Cellco Partnership, Qwest Comm., Verizon Long Distance, i-wireless, OnStar, Telecorp, Trans National Comm. Int'l., XO Comm., McLeodUSA, USCOC of NE/KS, VoiceCom, TracFone Wireless, Norstan Network, Spectrotel, New Edge Networks, Cincinnati Bell Any Distance, EarthLink, Arizona Telephony, TCG Omaha, Broadwing, ATI, IntellicallOperator, Globalstar USA, NOSVA, Network Billing Systems, Flying J, Quantum Shift, IBM Gobal; March 2009; D&D, Sprint Spectrum, Nextel, MCI, Alltel, Alltel Comm. of NE, ATS Mobile Telephone, Unite Private Networks, SBC Long Distance, Globalcom, First Comm., Wholesale Carrier, 360networks (USA), Yestel USA, BT Americas, Business Telecom, 800 Response Info., NOS, Covista, Zone Telecom, GTC, Enhanced Comm. Network, Lightyear Network Solutions, Tri-M, Nextel West, Vonage America, Vonage America, Level 3, Level 3, TWC Digital Phone, Granite, 8x8, Qwest, AT&T of Midwest, Budget Prepay, Comtel Telcom Assets, AT&T of Midwest, Windstream. (Placed on file) PETITIONS & COMMUNICATIONS 8) Setting the Hearing Date of Monday, June 8, 2009 at 1:30 p.m. for the Application of TwoTwins Caf‚, Inc. dba TwoTwins Caf‚ for a Class C liquor license located at 333 N. Cotner Blvd., #1. 9) Setting the Hearing Date of Monday, June 8, 2009 at 1:30 p.m. for the Application of Hector El Dragon Martinez Corporation dba El Rancho Authentic Mexican Restaurant for a Class I liquor license located at 2700 O Street. 10) MISCELLANEOUS REFERRALS - END CONSENT AGENDA - -END PUBLIC HEARING - ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) 11) 09-44 Annexation No. 09002 - Amending the Lincoln Corporate Limits Map by annexing approximately 1.88 acres of property generally located at South 84th Street and Firethorn Lane. Fact Sheet (191K) Attachment (254K) 12) 09-79 Change of Zone 09010 - Amending Chapter 27.70 of the Lincoln Municipal Code relating to Zoning Code, Additional Use Regulations, by adding a new section numbered 27.70.060 to allow churches in the AG, AGR, R or O Districts to hold temporary or seasonal sales of goods at retail. (Request 2nd & 3rd Readings w/Action on 6/1/09) Fact Sheet (41K) 13) 09-80 Vacation 09004 - Vacating the east-west alley between North 23rd Street and North 24th Street, north of P Street. Fact Sheet (271K) WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE PUBLIC HEARING ON MONDAY, JUNE 1, 2009 AT 1:30 P.M.: 14) 09R-82 Accepting the report of new and pending claims against the City and approving disposition of claims set forth for the period of May 1 - 14, 2009. Fact Sheet (14K) Attachment (21K) 15) 09R-83 Approving GJJRB, LLC dba The Spigot Lounge as a keno satellite site at 1634 O Street. Fact Sheet (44K) 16) 09R-84 Approving the Amendment to Annexation Agreement between the City and Firethorn Golf Company and Firethorn Utility Service Company to revise the terms with respect to the water distribution system on property generally located at 85th Street an Pioneers Boulevard. Attachment (775K) 17) 09R-85 Approving Amendment No. 1 Development and Conditional Zoning Agreement between Whitehead Oil Company and the City regarding sign regulations on property generally located at 21st and K Streets. Fact Sheet (351K) Attachment (1061K) 18) 09R-86 Waiver 09002 - Application of Lincoln Family Church to waive the parking lot surfacing requirement on property generally located two blocks south of the intersection of Highway 2 and South 70th Street. Fact Sheet (195K) 19) 09R-87 Approving the purchase of property located at 21st and N Streets. The purchase price and demolition costs related to the property total $1,750,000 of which $650,000 would come from the Advance Land Acquisition Fund. Fact Sheet (19K) Attachment (11K) ADJOURNMENT There will be no Open Microphone Session at the end of this meeting. *** 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 ***