City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 1, 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
Anyone wishing to address an item on the Consent Agenda may
do so at this time
ALL MEMBERS PRESENT EXCEPT SPATZ
PUBLIC HEARING
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) 08R-294 Appointing Dr. Margaret K. Sutton and Britt
C. Miller to the Community Health Endowment
Board of Trustees for three-year terms
expiring September 1, 2011.(ADOPTED, 6-0; A-85144)
Attachment (50K)
2) 08R-295 Reappointing Edward D. Wimes and Richard Boucher
to the Community Health Endowment Board of
Trustees for three-year terms expiring September
1, 2011. (ADOPTED, 6-0; A-85145)
3) 08R-301 Approving the appointment of Mark A. Koller as
Personnel Director for the Lincoln-Lancaster
County Personnel Department, effective December
11, 2008.(ADOPTED, 6-0; A-85146)
4) Setting hearing date of Monday, December 15,
2008 at 1:30 p.m. for the assessment of the cost
of weed removal incurred for the period of
January 1, 2008 through Dec. 31, 2008.
(APPROVED, 6-0)
5) Clerk's Letter and Mayor's Approval of
resolutions and ordinances passed by Council on
November 10, 2008.(PLACED ON FILE)
6) Clerk's Letter and Mayor's Approval of
resolutions and ordinances passed by Council on
November 17, 2008 except for Resolution A-85142.
(PLACED ON FILE)
7) Report from City Treasurer of Cash on Hand at
the close of business October 31, 2008.(PLACED
ON FILE)
8) Mayor's Approval of Resolution A-85142 passed by
Council on November 26, 2008. (PLACED ON FILE)
PETITIONS & COM
PETITIONS & COMMUNICATIONS
9) THE FOLLOWING HAVE BEEN REFERRED TO PLANNING
DEPT.:
Change of Zone 08057 - App. of Director of
Urban Development for 1) University Place
Planned Unit Development from B-3 Commercial to
B-3 Commercial PUD in University Place and west
½ of vacated N. 49th Street, north
½ of vacated Colby Street and northwest 1/4
of vacated intersection of Colby Street and N.
49th Street. 2) for a change from B-3
Commercial Dist. to P Public Use Dist. on
property generally located at N. 48th
Street from Colby to Adams Street.
Change of Zone 08058 - App. of Deborah
Marshall from R-2 to R-T on property generally
located southeast of S. 33rd Street and
A Street.
Special Permit 384F - App. of Tabitha, Inc.
for an amendment for a health care facility to
add an approximately 63 person assisted living
facility and to expand the campus to provide an
additional 65 parking spaces with requests to
waive setbacks and height on property generally
located at South 48th Street and Randolph
Street.
Use Permit 08002 - App. of Deborah Marshall
to allow for office and residential uses on
property generally located southeast of S.
33rd Street and A Street.
10) Setting the Hearing date of Monday, December 15,
2008 at 1:30 p.m. for Application of Carmela's
Bistro & Wine Bar LLC dba Carmela's Bistro &
Wine Bar for a Catering License for Class C
liquor license located at 4141 Pioneer Woods
Dr., Ste. 110. (ADOPTED, 6-0; A-85147)
11) Setting the Hearing date of Monday, December 15,
2008 at 1:30 p.m. for Application of BDF, Inc.
dba Chaser's for a Class CK liquor license
located at 140 N. 12th Street.(ADOPTED, 6-0;
A-85148)
12) Setting the Hearing date of Monday, December 15,
2008 at 1:30 p.m. for Application of Dawghouse
Bar, Inc. dba Dawghouse Bar for a Class C liquor
license located at 2050 Cornhusker Highway.
(ADOPTED, 6-0; A-85149)
13) Setting the Hearing date of Monday, December 15,
2008 at 1:30 p.m. for Application of L & M Foods
Inc dba Sam & Louie's for a Class I liquor
license located at 4131 Pioneer Woods Drive,
Suite 102.(ADOPTED, 6-0; A-85150)
14) Setting the Hearing date of Monday, December 15,
2008, at 1:30 p.m. for Application of Raider LLC
dba Blue Mountain Smokehouse Pizza for a Class I
liquor license located at 8600 Amber Hill Court,
Suite 100.(ADOPTED, 6-0; A-85151)
15) Setting the Hearing date of Monday, December 15,
2008 at 1:30 p.m. for Application of Down Home,
Inc. dba Court Side Banquet for a Class I liquor
license at 710 Hill Street.(ADOPTED, 6-0; A-85152)
16) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
17) Application of John R. Esquivel dba The Rib Pit
for a Class C liquor license at 1501 Center Park
Road, #100.(ADOPTED FOR APPROVAL, 6-0; A-85153)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 & 19 HAD 2ND READING; SEE ITEM #19)
18) 08-159 Change of Zone 3134D - Application of Caseyco,
Inc. to amend the Willow Springs Planned Unit
Development to expand the boundary by
approximately .41 acres and to allow
approximately 3,500 square feet of additional
office floor area, on property generally located
at Pioneers Boulevard and Lucile Drive.
Fact Sheet (627K)
19) 08-160 Change of Zone 08053HP - Application of
Engineering Design Consultants on behalf of
Kevin D. and Carla J. Pinneo to designate the
Foster House at 1021 D Street as a historic
landmark. (11/17/08 - Voted to have
2nd, 3rd Readings [P.H. & Action] 12/1/08)
(PASSED, 6-0; #19178)
Fact Sheet (985K)
Attachment (165K)
PUBLIC HEARING - RESOLUTIONS
20) 08R-302 Adopting the Lincoln Electric System Annual
Budget for 2009, to become effective January 1,
2009. (Action Date: 12/15/08)
Fact Sheet (172K)
Attachment (25K)
Attachment 2 (578K)
21) 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)
(ACTION DELAYED FOR ONE WEEK TO 12/8/08,
5-1; MARVIN DISSENTING)
Fact Sheet (971K)
Attachment (521K)
22) 08R-296 Amending the 2008/09 to 2013/14 Six Year Capital
Improvement Program to add the Perot Systems
project to the Northwest Corridors Redevelopment
Plan project, designate funding in the first
year of the CIP, identify funding sources and
establish appropriations.(ADOPTED, 6-0; A-85154)
Fact Sheet (90K)
23) 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. (Request to place on Pending
Indefinitely)(PLACED ON PENDING INDEFINITELY, 6-0)
Fact Sheet (20K)
Attachment (255K)
24) 08R-298 Approving an Interlocal Agreement between the
City and Lincoln Public Schools to conduct
stormwater education to assist in meeting the
requirements of the City's NPDES stormwater
permit. (ADOPTED, 6-0; A-85155)
Fact Sheet (13K)
Attachment (73K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 25 THRU 37 HAD 1ST READING; SEE ITEM #25)
25) 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)
(PLACED ON PENDING INDEFINITELY, 6-0)
Fact Sheet (131K)
26) 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)
Attachment (21K)
27) 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).
Fact Sheet (579K)
Attachment (355K)
28) 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)
Fact Sheet (637K)
29) 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.
Fact Sheet (201K)
30) 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.
Fact Sheet (138K)
Attachment (91K)
31) 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.
Fact Sheet (138K)
32) 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.
Fact Sheet (14K)
33) 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.
Fact Sheet (104K)
34) 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.
Fact Sheet (138K)
35) 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)
Attachment (2118K)
36) 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)
Fact Sheet (195K)
37) 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)
Fact Sheet (1021K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
38) 08-156 Approving a Sublease Agreement between the
City and Goodwill Industries for providing
job training and employment services under
the Workforce Investment Act for a term of
two years from January 1, 2009 to December
31, 2010.(PASSED, 6-0; #19179)
Fact Sheet (76K)
Attachment (1527K)
39) 08-158 Approving and ratifying a Lease Agreement
between the City and LAMAR Companies for
advertising on the billboard generally located
at North 27th and Y Streets from October 1, 2008
to April 1, 2009.(PASSED, 5-1; MARVIN DISSENTING; #19180)
Fact Sheet (105K)
Attachment (185K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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)
46) 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)
Fact Sheet (62K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, DECEMBER 8, 2008, AT 5:30 P.M.:
(APPROVED, 6-0)
47) 08R-300 Special Permit 08036 - Application of Hartland
Homes, Inc. to develop Hartland Estates 1st
Addition Community Unit Plan for four dwelling
units, together with a waiver of the
requirements of the Land Subdivision Ordinance
and the Zoning Ordinance to reduce the required
lot depth and to reduce the rear yard setbacks,
on property generally located at S.W. 12th
Street and West A Street. (11/17/08 -
Introduction Delayed to 12/1/08 w/P.H. on
12/8/08)
Fact Sheet (2779K)
48) 08R-303 Appointing Dan Harshman, to replace Patricia
McManus, and W. Don Nelson, to replace Tom
Schleich, to the Lincoln Electric System
Administrative Board for three-year terms
expiring December 31, 2011.
Attachment (64K)
49) 08R-304 Approving a two-year Grant Contract between the
City of Lincoln and Human Services Federation to
provide grant funds in the amount of $10,000.00
per year for its Lincoln CASH Campaign (Creating
Assets, Savings and Hope) program
Attachment (669K)
50) 08R-305 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 whereby the
Health Department will provide for the delivery
of a Refugee Health Screening Program for new
refugee arrivals and other eligible populations
for the prevention and control of communicable
disease pursuant to federal financial assistance
for the period of July 1, 2008 to June 30, 2011.
Fact Sheet (71K)
Attachment (763K)
51) 08R-307 Special Permit No. 08048 - Application of
Lincoln Family Church to allow a parking lot in
the front yard setback on property generally
located at North 70th Street and Kearney Avenue.
Fact Sheet (327K)
52) 08R-308 Approving and adopting the Lower Platte South
NRD Multi-Jurisdictional Hazard Mitigation Plan
for eligibility of federal disaster mitigation
funds.
Fact Sheet (13K)
Attachment (2741K)
53) 08R-309 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 1 -
15, 2008.
Fact Sheet (14K)
Attachment (20K)
54) 08R-310 Approving the issuance of not to exceed
$65,000,000 principal amount of Lancaster County
Correctional Facility Joint Public Agency
Building Bonds.
55) 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.
Fact Sheet (139K)
Attachment (139K)
56) 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.
Fact Sheet (139K)
Attachment (139K)
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 (12/3/08)
PRIOR TO THE NEXT FORMAL CITY COUNCIL MEETING HAVING AN
OPEN MICROPHONE SESSION WHICH IS 12/8/08.
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 DECEMBER
WHICH IS DECEMBER 8TH.
ADJOURNMENT 3:49 P.M.
ANNOUNCEMENTS:
December Council meetings:
December 1 at 1:30 p.m.
December 8 at 5:30 p.m.; December 15 at1:30 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.
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The City Council Agenda and Action Sheet may be accessed on
the Internet at:
lincoln.ne.gov
***