City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 8, 2008 AT 5:30 P.M.
ALL MEMBERS PRESENT
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
PUBLIC HEARING
- CONSENT AGENDA -
REPORTS OF CITY OFFICERS
1) 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.
(ADOPTED, 7-0; A-85156)
Attachment (64K)
2) Approving the distribution of funds representing
interest earnings on short-term investments of
Idle Funds during the month ended October 31,
2008. (ADOPTED, 7-0; A-85157)
3) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of
November, 2008. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on December 1, 2008. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, December 15,
2008 at 1:30 p.m. for the Application of Beacon
Hills of Lincoln dba Beacon Hills for a Class I
liquor license located at 5353 N. 27th Street.
(ADOPTED, 7-0; A-85158)
6) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 08059 - App. of Omaha
Neon Sign Co. amending Chapter 27.69 of the
Lincoln Municipal Code relating to Signs by
amending Sections 27.69.047 and 27.69.049 to
eliminate restrictions regarding the location of
signs within 660 feet of a designated
interstate; and repealing Sections 27.69.047 and
27.69.049 of the Lincoln Municipal Code as
hitherto existing.
Change of Zone No. 08060 - Requested by
the Director of Planning amending Chapter 27.03
of the Lincoln Municipal Code relating to zoning
code definitions by adding a new section
numbered 27.03.634 to provide a definition for
truck stop; amending Sections 27.39.020 and
27.43.020 of the Lincoln Municipal Code relating
to permitted uses in the H-1 Interstate
Commercial District and H-3 Highway Commercial
District, respectively, to add truck stops as a
permitted use in said districts; and repealing
Sections 27.39.020 and 27.43.020 of the Lincoln
Municipal Code as hitherto existing.
Change of Zone No. 08061 - App. of Alan
Slattery from AG Agricultural District to H-3
Highway Commercial District on property
generally located at SW 48th Street and West O
Street.
Change of Zone No. 08062 - App. of
William Michener from R-4 Residential District
to R-6 Residential District on property
generally located at S. 26th Street and N
Street.
Change of Zone No. 08063 - App. of
Lincoln Community Playhouse amending Section
27.69.090 of the Lincoln Municipal Code relating
to permitted signs for churches, schools and
community playhouses to conditionally allow an
electronic changeable copy sign fronting on an
arterial street; and repealing Section 27.69.090
of the Lincoln Municipal Code as hitherto
existing.
Special Permit No. 05046A - App. of
William Michener for an amendment to expand the
boundaries of the special permit for a Nonprofit
Religious, Educational and Philanthropic
Institution for the Lighthouse youth program on
property generally located at S. 26th Street and
N Street.
Special Permit No. 08049 - App. of J.
Matt Carlson for expansion of a nonconforming
use on property generally located at S. 54th
Street and LaSalle Street (5401 LaSalle Street).
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Lan Huynh dba L&K Liquor for a
Class D liquor license at 335 North 27th Street.
(ADOPTED FOR DENIAL, 7-0; A-85159)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9
THRU 20 HAD 2ND READING) (SEE ITEMS 18, 19, 20; WAIVED ORDER OF THE
AGENDA RULES)
9) 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)
Motion To Amend 1 (2176K)
10) 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)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
17) 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)
18) 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)
Motion To Amend 1 (1993K)
19) 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)
20) 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)
PUBLIC HEARING - RESOLUTIONS
21) 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) (ADOPTED, 6-1;
CAMP, EMERY, ESCHLIMAN, MARVIN, SPATZ, SVOBODA
ASSENTING; COOK, DISSENTING; A-85160)
Fact Sheet (2779K)
22) 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. (ADOPTED, 7-0;
A-85161)
Attachment (669K)
23) 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.
(ADOPTED, 7-0; A-85162)
Fact Sheet (71K)
Attachment (763K)
24) 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.
(ADOPTED, 7-0; A-85163)
Fact Sheet (327K)
25) 08R-308 Approving and adopting the Lower Platte South
NRD Multi-Jurisdictional Hazard Mitigation Plan
for eligibility of federal disaster mitigation
funds. (ADOPTED, 7-0; A-85164)
Fact Sheet (13K)
Attachment (2741K)
26) 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. (ADOPTED, 7-0; A-85165)
Fact Sheet (14K)
Attachment (20K)
27) 08R-310 Approving the issuance of not to exceed
$65,000,000 principal amount of Lancaster County
Correctional Facility Joint Public Agency
Building Bonds. (ADOPTED, 7-0; A-85166)
28) 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. (P.H. & ACTION CON'T TO 12/15/08, 4-3;
CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING; COOK,
EMERY, MARVIN DISSENTING)
Fact Sheet (139K)
Attachment (139K)
29) 08R-312 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. (P.H. & ACTION CON'T TO 12/15/08, 4-3;
CAMP, ESCHLIMAN, SPATZ, SVOBODA ASSENTING; COOK,
EMERY, MARVIN DISSENTING)
Fact Sheet (139K)
Attachment (139K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 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.
(PASSED, 7-0; #19181)
Fact Sheet (627K)
RESOLUTION - FOR COUNCIL ACTION ONLY
31) 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 FOR 1 WEEK TO 12/8/08)
(ACTION DELAYED FOR 1 WEEK TO 12/15/08, 7-0)
Fact Sheet (971K)
Attachment (521K)
PENDING LIST - DATE CERTAIN
32) 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)
PENDING LIST (EXTENDED ONE WEEK)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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, DECEMBER 15, 2008, AT 1:30 P.M.:
(APPROVED, 7-0)
43) 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.
Fact Sheet (13K)
Attachment (1079K)
44) 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.
Attachment (510K)
45) 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.
Fact Sheet (99K)
46) 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.
Fact Sheet (14K)
Attachment (19K)
47) 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.
Attachment (101K)
48) 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.
Fact Sheet (18K)
Attachment (1510K)
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.
(COUNCIL RULES WAIVED TO ALLOW CITIZEN'S COMMENT REGARDING HIS
CLAIM DENIAL [ITEM #26], 7-0)
ADJOURNMENT 8:59 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
***