City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
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.
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The City Council Agenda and Action Sheet may be accessed on
the Internet at:
lincoln.ne.gov
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