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, JANUARY 25, 2010 AT 5:30 P.M.

                    ALL MEMBERS PRESENT

  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)            Clerk's Letter and Mayor's Approval of
               Ordinances & Resolutions passed by Council on
               January 4, 2010. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Ordinances & Resolutions passed by Council on
               January 11, 2010. (PLACED ON FILE)

 3)            Lincoln Water & Wastewater System Recapitulation
               of Daily Cash Receipts for December 2009. 
               (PLACED ON FILE) 

 
PETITIONS & COMMUNICATIONS

 4)            THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
               DEPT.:                                       
               Change of Zone 09030 - Requested by
               Continental 206 Fund, LLC from R-3 to R-5 on
               property located at the northeast corner of S.
               91st Street and Heritage Lakes Drive.
               Special Permit 09029 - Requested by
               Continental 206 Fund, LLC, Heritage Lakes Drive
               Multi-Family Community Unit Plan for
               approximately 270 dwelling units with
               adjustments to parking and sign requirements on
               property located at the northeast corner of S.
               91st Street and Heritage Lakes Drive.

 5)            Setting the Hearing date of Monday, February 8,
               2010 at 3:00 p.m. for the Application of
               Bugeaters Investments, Inc. dba Libations, Too
               for a Class C liquor license located at 5310 S.
               56th Street, Ste. 1.  (ADOPTED, 7-0; A-85690)

 6)            Setting the Hearing Date of Monday, Monday,
               February 8, 2010 at 3:00 p.m. for the
               Application of Martinson Enterprises LLC dba
               Crescent Moon for a Class I liquor license
               located at 816 P Street, Ste.100.(ADOPTED,
               7-0; A-85691)

 7)            Setting the Hearing Date of Monday, February 8,
               2010 at 3:00 p.m. for the Application of Sam's
               West Inc. dba Sam's Club 6413 for a Class C
               liquor license located at 4900 N. 27th Street.
               (ADOPTED, 7-0; A-85692)


 8)  MISCELLANEOUS REFERRALS

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE  


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 & 10 HAD 2ND READING)

 9)  10-2      Amending Chapter 4.20 of the Lincoln
               Municipal Code relating to the Library
               Board by amending Section 4.20.010 to
               provide that no Library Board director
               shall serve more than one consecutive term
               of seven years and amending Section
               4.20.040 to change the content of the
               Library Board's annual report to the City
               Council and the date it shall be submitted.
               Fact Sheet (35K)

10)  10-3      Amending Title 14 of the Lincoln Municipal
               Code relating to Public Property and Public
               Ways by adding a new Chapter 14.42 to
               provide for the application of painted art
               on local streets within the public right-
               of-way in residential zoning districts.
               Fact Sheet (14K)


PUBLIC HEARING - RESOLUTIONS

11)  10R-27    Approving a Contract Agreement between
               the City, Lancaster County, the
               Lincoln Lancaster County Public
               Building Commission and Osburn
               Associates, Inc., for the annual
               supply of aluminum sign blanks for a
               four-year term of December 1, 2009
               through November 30, 2013. (ADOPTED,
               7-0; A-85693)
               Fact Sheet (43K)
               Attachment (713K)

12)  10R-25    Approving a Contract Agreement between the City,
               Lancaster County, the Lincoln Lancaster County
               Public Building Commission and Mid-Continent
               Safety, LLC, for the annual supply of Personal
               Protective Equipment and First Aid Supplies for
               a four-year term of December 1, 2009 through
               November 30, 2013. (ADOPTED, 7-0; A-85694)
               Fact Sheet (37K)
               Attachment (1663K)


                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 13 THRU 16 HAD 1ST READING; SEE ITEM 16)

13)  10-5      Change of Zone 09029   Amending Section
               27.26.080 of the Lincoln Municipal Code
               relating to Height and Area Regulations for
               the O-2 Suburban Office District to provide
               that the maximum height of buildings in
               said district shall not exceed 25 feet if
               the building has a flat roof and shall not
               exceed 28 feet if the building has a roof
               type other than flat.
               Fact Sheet (14K)

14)  10-6      Comp. Plan Conformance 09014   Declaring
               approximately 1.8 acres of property
               generally located northeast of North 10th
               and Military Road as surplus property and
               authorizing the sale thereof  to Indian
               Center, Inc.
               Fact Sheet (261K)
               Attachment (593K)

15)  10-7      Street Name Change 06005   Renaming 38th
               Street Court and that portion of South 38th
               Street north of F Street as South 38th
               Street Court.
               Fact Sheet (6545K)
               Attachment (549K)

16)  10-8      Change of Zone 09003   Application of
               Yankee Hill Townhomes, LLC, for a change of
               zone from AG Agricultural, R-3 Residential
               and R-4 Residential to R-4 Residential
               District Planned Unit Development  for 84
               townhomes, 348 apartments and 30,000 square
               feet of commercial land uses, with waivers
               to adjust the minimum average lot, the
               minimum lot area, the front, side and rear
               setbacks, and the 3:1 width to depth ratio,
               on property generally located at South 84th
               Street and Yankee Hill Road. (Request to
               place on Indefinite Pending & to have P.H.
               when removed from Pending) (PLACED ON INDEFINITE
               PENDING & TO HAVE PUBLIC HEARING WHEN REMOVED
               FROM PENDING; 7-0)
               Fact Sheet (693K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

17)  10-1      Change of Zone 09028 - Application of
               Lancaster County for a change of zone from
               P Public Use District to R-4 Residential
               District on property generally located at
               the southeast corner of South 10th Street
               and South Street.(PASSED, 6-1; CAMP,
               CARROLL, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
               COOK DISSENTING; #19339)
               Fact Sheet (566K)
               Attachment (41K)

18)  09-132    Adopting an amended and restated City of Lincoln
               Employees' Retirement Plan and Trust for
               civilian (non-uniformed service) employees
               providing for a change in employer contributions
               for employees hired after a date certain and
               adopting IRS Interim Amendments Nos. 1 and No.
               2. (10/5/09 - Action Delayed Weekly to
               1/25/2010) (ACTION DELAYED ONE WEEK TO
               FEBRUARY 1, 2010) 
               Fact Sheet (18K)
               Attachment (362K)
               Motion To Amend 1 (6K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST	(EXTENDED ONE WEEK)

19)  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)

20)  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)

21)  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)

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-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)

24)  09-97     Amending the pay schedule for a certain
               employee group by creating the classification
               of Senior Attorney.  (8/3/09 - Placed on Pending;
               to be removed for 1st Reading at same time as M Class
               has 1st Reading) (8/31/09 - P.H. con't w/Action to 9/14/09)
               (9/14/09 - P.H. con't. w/Action to 9/28/09)
               (9/28/09 - Placed on Pending, No Date Certain)
               Fact Sheet (134K)
               Attachment (9K)

25)  09-98     Amending the pay schedule for a certain employee
               group by revising the classification of Attorney II.
               (8/3/09 - Placed on Pending; to be removed for
               1st Reading at same time as M Class has 1st Reading)
               (8/31/09 - P.H.con't w/Action to 9/14/09) (9/14/09 - P.H.
               con't. w/Action to 9/28/09) (9/28/09 - Placed on Pending,
               No Date Certain)
               Fact Sheet (134K)
               Attachment (9K)

26)  09-101    Amending Chapter 2.78 of the Lincoln Municipal
               Code relating to the City's Personnel System by
               amending Section 2.78.010 Compensation Plan
               Established to exclude employees with a pay
               range prefixed by M; amending Sections 2.78.020
               Annual Leave, 2.78.025 Variable Merit Pay Plan,
               and 2.78.030 Sick Leave to delete the references
               to employees with a pay range prefixed by the
               letter M; and repealing 2.78 Title Page and
               Sections 2.78.010, 2.78.020, 2.78.025, and
               2.78.030 of the Lincoln Municipal Code as
               hitherto existing. (8/3/09 - Placed on
               Pending; to be removed for 1st Reading
               at same time as M Class has 1st Reading)
               (8/31/09 - P.H. con't w/Action to 9/14/09)
               (9/14/09 - P.H. con't. w/Action to 9/28/09)
               (9/28/09 - Placed on Pending, No Date Certain)
               Fact Sheet (135K)
               Motion To Amend 1 (14K)

27)  09-103    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
               "M" to be effective August 20, 2009. (8/3/09
               - Placed on Pending; to be removed for 1st 
               Reading at same time as M Class has 1st Reading)
               (8/31/09 - P.H. con't w/Action to 9/14/09)
               (9/14/09 - P.H. con't. w/Action to 9/28/09)
               (9/28/09 - Placed on Pending, No Date Certain)
               Fact Sheet (134K)
               Attachment (138K)
               Motion To Amend 1 (158K)
               Motion To Amend 2 (378K)
               Motion To Amend 3 (559K)

28)  10-4      Change of Zone 08075   Application of
               Waterford Estates, LLC, for a change of
               zone from AG Agricultural District to B-2
               Planned Neighborhood Business District on
               property generally located at North 98th
               Street and O Street. (Related Items 10-
               4, 10R-26) (Request to place on Indefinite
               Pending) (1/11/10 - Placed on Indefinite
               Pending & to have P.H. when removed from
               Pending)
               Fact Sheet (647K)

29)  10R-26    Use Permit 08003   Application of Waterford
               Estates, LLC, to develop 250,000 sq. ft. of
               commercial floor area on property generally
               located at North 98th Street and O Street.
               (Related Items 10-4, 10R-26) (Action Date:
               2/1/10) (Request to place on Indefinite
               Pending) (1/11/10 - Placed on Indefinite
               Pending & to have P.H. when removed from
               Pending)
               Fact Sheet (1367K)

30)            Hearing date of Monday, February 1, 2010,
               requested by J. Michael Rierden on behalf of
               Lincoln Federal Savings Bank and Stonebridge
               Creek LLC appealing from the determination of
               Impact Fees imposed on the property legally
               described as Lots 39, 45, 46, 47, 49, 50 in
               Section 25, Township 11 North, Range 6 East
               generally located between Centurion Drive and
               North 27th Street along both sides of Alvo Road,
               Lancaster County, Nebraska.  (9/14/09 -
               Placed on Pending, Date Certain to have P.H. on
               2/01/2010) (Request to place on
               Indefinite Pending) (1/11/10 - Placed on
               Indefinite Pending & to have P.H. when removed
               from Pending)


WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
  PUBLIC HEARING ON MONDAY, FEBRUARY 1, 2010, AT 3:00 P.M.
						(APPROVED, 7-0)

31)  10R-36    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 1 -
               15, 2010.
               Fact Sheet (14K)
               Attachment (22K)

32)  10R-1     Approving an Agreement between the City and
               the University of Nebraska-Lincoln to
               conduct stormwater quality monitoring to
               meet the requirements of the City's NPDES
               stormwater permit for a one-year period
               from January 1, 2010 through December 31,
               2010.
               Fact Sheet (13K)
               Attachment (751K)

33)  10R-18    Approving an Agreement between the City of
               Lincoln, Lancaster County and the Omaha-Council
               Bluffs Metropolitan Area Planning Agency to
               obtain digital map products for the region.
               Attachment (317K)

34)  10R-28    Reappointing Marilyn McNabb to the Lincoln
               Electric System Administrative Board for a
               three-year term expiring December 31, 2012.

35)  10R-29    Appointing Jerry Hudgins to the Lincoln Electric
               System Administrative Board for a three-year
               term expiring December 31, 2012.
               Attachment (33K)

36)  10R-30    Reappointing Steve Masters to the District
               Energy Corporation for a two-year term expiring
               December 31, 2011.

37)  10R-31    Approving an Agreement between the Lincoln-
               Lancaster County Health Department and Cedars
               Youth Services for the Health Department to
               provide nursing assessment services at Boys Home
               and TLC for a period of January 1, 2010 through
               December 31, 2012.
               Fact Sheet (36K)
               Attachment (146K)

38)  10R-32    Approving a multi-year contract between the City
               of Lincoln, Lancaster County, Lincoln-Lancaster
               County Public Building Commission and AmSan
               Nebraska, Inc. for custodial supplies/hardgoods.     
               Fact Sheet (49K)
               Attachment (2169K)

39)  10R-33    Approving a multi-year contract between the City
               of Lincoln, Lancaster County, Lincoln-Lancaster
               County Public Building Commission and NGC Group
               Inc. for general construction projects less than
               $10,000.00 each on an as-needed basis.
               Fact Sheet (44K)
               Attachment (1187K)

40)  10R-34    Comp. Plan Conformance 09015   Creating the
               South Street Business Improvement District for
               the provision of maintenance of certain public
               facilities and improvements in the area of South
               Street from the alley west of 9th Street east to
               19th Street.
               Fact Sheet (460K)
               Attachment (506K)

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 JANUARY ARE THE
     11TH AND THE 25TH.


ADJOURNMENT	6:11 P.M.


                               ***
                     The City Council Meeting
      which is broadcast live at 3:00 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