City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 22, 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) 10R-52 Reappointing Sitaram Jaswal to the Air Pollution
Control Advisory Board for a three-year term
expiring October 1, 2012. (ADOPTED, 7-0; A-85731)
2) 10R-53 Appointing Timothy Plander to the Air Pollution
Control Advisory Board for a three-year term
expiring October 1, 2012. (ADOPTED, 7-0; A-85732)
Attachment (31K)
3) Request of Public Works to set the hearing date
of Monday, March 8, 2010, at 3:00 p.m. and place
on the formal City Council Agenda the following:
10-19 To provide authority to create a
special assessment for an Improvement
District from the intersection of
Betty Lou Blvd. and Glynoaks Drive
to the west side of 84th Street at
Augusta Drive.
10-20 To provide authority to create a
special assessment for a Paving
District from the intersection of
Betty Lou Blvd. and Glynoaks Drive
to the west side of 84th Street at
Augusta Drive.
10-21 To provide authority to create and
order constructed a special
assessment district for 8" and 6"
water mains located from the
intersection of Betty Lou Blvd. and
Glynoaks Drive to the west side of
84th Street at Augusta Drive.
10-22 To provide authority to create and
order constructed a special
assessment district for 8" and 6"
sanitary sewer mains located from
the intersection of Betty Lou Blvd.
and Glynoaks Drive to the west side
of 84th Street at Augusta Drive.
(APPROVED, 7-0)
4) Affidavit of Mailing for Board of Equalization
Group I, Sewer District No. 1183 and Sidewalk
District No. 95 to Be held Monday, March 1, 2010
at 3:00 p.m. (PLACED ON FILE)
5) Accepting the Assessment Resolutions for Board
of Equalization Group I, Sewer District No 1183
and Sidewalk District No. 95 to be held Monday,
March 1, 2010, at 3:00 p.m. (ADOPTED SEWER DIST.
NO. 1183, 7-0; A-85733; ADOPTED SIDEWALK DIST.
NO. 95, 7-0; A-85734)
6) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
December 31, 2009. (ADOPTED, 7-0; A-85735)
7) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
February 1, 2010. (PLACED ON FILE)
8) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
February 8, 2010. (PLACED ON FILE)
9) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of January,
2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) Setting the hearing date of Monday, March 8,
2010 at 3:00 p.m. for the application of OSF
Nebraska, Inc. dba Outback Steakhouse for a
Class I liquor license located at 633 N. 48th
Street. (ADOPTED, 7-0; A-85736)
11) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 09022A - Req. by the
Director of Planning to amend the special sign
district on property generally located at N.
48th Street and O Street.
Special Permit No. 1816B - Req. by Noel
Chadd an amendment for an extension of time for
soil extraction on property generally located at
SW 40th Street and West Vine Street.
12) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10008 to
Special Permit No. 991 approved by the Planning
Director on February 5, 2010, requested by
Gilbert Eley to rescind Special Permit No. 991
originally approved for a mobile home park on
property located at 3720 Adams.
Administrative Amendment No. 10007 to Use
Permit No. 04005A approved by the Planning
Director on February 8, 2010, requested by Dan
Klein of Regal Building Systems, Inc. to reduce
the rear yard setback from 40 feet to 35 feet on
a portion of Lot 14 for the office building and
add Note 21 to allow eaves, overhangs, etc., to
encroach over setback lines or building
envelopes, but not lot lines, on property
generally located at N. 1st Street and Barons
Road.
Administrative Amendment No. 10004 to
Special Permit No. 1851 and Special Permit No.
1851A approved by the Planning Director on
February 9, 2010, requested by Tabitha Health
Care Services to rescind Special Permit No. 1851
and Special Permit No. 1851A originally approved
to allow an early childhood care facility on
property generally located northeast of the
intersection of S. 47th Street and J Street. The
area of Special Permit No. 1851 and Special
Permit No. 1851A are now part of Special Permit
No. 384G which covers the larger Tabitha campus
and separate Special Permit No. 1851 and Special
Permit No. 1851A are not necessary.
Administrative Amendment No. 10005 to
Special Permit No. 04037 approved by the
Planning Director on February 9, 2010, requested
by Tabitha Health Care Services to rescind
Special Permit No. 04037 originally approving a
health care facility to allow a Green House on
property generally located northeast of the
intersection of S. 47th Street and J Street. The
area of Special Permit No. 04037 is now part of
Special Permit No. 384G which covers the larger
Tabitha campus and a separate Special Permit No.
04037 is not necessary.
13) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 18 HAD 2ND READING)
14) 10-10 Change of Zone 09030 - Application of
Continental Properties for a change of zone
from R-3 Residential District to R-5
Residential District on property generally
located northeast of the intersection of
South 91st Street and Heritage Lakes Drive.
(Related Items: 10-10, 10R-50)
Fact Sheet (838K)
15) 10R-50 Special Permit 09029 - Application of
Continental Properties to develop the Heritage
Lakes Drive Multi-Family Community Unit Plan for
up to 270 dwelling units, with adjustments to
the parking requirement and to allow entrance
signs to be located at alternate locations, on
property generally located northeast of the
intersection of South 91st Street and Heritage
Lakes Drive. (Related Items: 10-10, 10R-50)
(Action Date: 3/1/10)
Fact Sheet (1377K)
16) 10-11 Amending Section 9.16.250 of the Lincoln
Municipal Code relating to Residency
Restrictions for Sexual Predators to amend
referenced dates within the section to
conform with State statute.
Fact Sheet (17K)
17) 10-12 Approving a Lease Agreement between the
City and Lincoln Medical Educational
Partnership for a lease of space for a
three-year term for use by the Lincoln
Police Department.
Fact Sheet (40K)
Attachment (310K)
18) 10-13 Amending Title 21 of the Lincoln Municipal
Code by creating a new Chapter 21.05 to
adopt the 2009 edition of the International
Property Maintenance Code, with amendments,
additions and deletions thereto, to
regulate and govern the conditions and
maintenance of residential property,
buildings, and structures; to provide the
standards for supplied utilities and
facilities and other physical things and
conditions essential to ensure that
structures are safe, sanitary and fit for
occupation and use, and the condemnation of
buildings and structures unfit for human
occupancy and use, and the demolition of
such existing structures within the City of
Lincoln and within three miles thereof and
outside the limits of any other incorporated
city or village; and to provide for the
issuance of permits and collection of fees
therefor and repealing Chapter 21.01 of the
Lincoln Municipal Code (the Lincoln Housing
Code); and establishing the operative date
for this ordinance as 30 days after passage.
Fact Sheet (39K)
PUBLIC HEARING - RESOLUTIONS
19) 10R-49 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 16-
31, 2010. (MTA #1 ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-85737)
Fact Sheet (14K)
Attachment (23K)
Motion To Amend (6K)
20) 10R-54 Ordering Alley Re-paving District No. 49
constructed in the east/west alley, 10th to 11th
Streets, G to H Streets. (ADOPTED, 7-0;
A-85738)
Fact Sheet (12K)
Attachment (2491K)
21) 10R-51 Identifying and declaring the area generally
located along South 48th Street between Calvert
Street and Pioneers Blvd as the College View
Business Improvement Area; approving the
appointment of Gary Bollinger, Ron Detweiler,
Ken Bougger, Terry Bock and Lynn Fisher as
members of the Business Improvement Board to be
known as the "College View Improvement Board";
and directing the Board to make recommendations
to the City Council for the establishment of a
plan for improvements in the College View
Business Improvement Area. (ADOPTED, 7-0;
A-85739)
Fact Sheet (64K)
Attachment (467K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
THRU 28 HAD 1ST READING)
22) 10-14 Adopting the supplements to the Lincoln
Municipal Code dated June 2009 and December
2009 as part of the official Lincoln
Municipal Code.
Fact Sheet (17K)
23) 10-15 Amending Chapter 16.04 of the Lincoln
Municipal Code relating to Termination of
Domestic Utility Services by amending
Section 16.04.050, Notice of Termination,
to provide that such notice need only be
conspicuously posted at the front entrance
to the premises, and, in the case of a
master-metered apartment building, to
provide that such notice need only be
posted on or near the main entrance to each
unit.
Fact Sheet (64K)
24) 10-16 Approving a Sublease Agreement between the
City and DAS/State Building Division on
behalf of Nebraska Department of Education,
Vocational Rehabilitation Services, at the
One Stop Center at 1010 N Street for
providing job training and employment
services under the Workforce Investment Act
for a two-year term from January 1, 2010
through December 31, 2011.
Fact Sheet (47K)
Attachment (920K)
25) 10-17 Change of Zone 10001 HP - Application of
Karolyn Howard to designate the Tuttle Schaupp
House located at 3008 O Street as a Historic
Landmark. (Related Items: 10-17, 10R-63)
Fact Sheet (458K)
Attachment (146K)
26) 10R-63 Special Permit 10001 - Historic Preservation
application of Karolyn Howard to adjust the
parking and yard requirements for the Tuttle-
Schaupp House generally located at 3008 O
Street. (Related Items: 10-17, 10R-63)
(Action Date: 3/8/2010)
Fact Sheet (609K)
27) 10-18 Change of Zone 10002 - Amending Section
27.63.110 of the Lincoln Municipal Code
relating to Special Permits for Garden
Centers to clarify that garden centers are
a permitted special use in the R-2 zoning
district, to include the B-2, H-1, H-4, I-2
and I-3 districts to the list of districts
the land for the garden center must be
adjacent to; to clarify that the 100-foot
setback for buildings and parking lots from
all exterior lot lines is limited to the AG
and AGR districts; and to correct the
districts listed in subsection (e) to
correctly reflect the title of Section 7.5
in Chapter 3.50 of the City's Design
Standards for Zoning Regulations.
Fact Sheet (63K)
28) 10-23 Approving a Grant Agreement between the
City of Lincoln, the Lincoln Parks Foundation
and the UNF Charitable Gift Fund to accept
a $1.5 million donation for the construction
and endowment of Union Plaza, to name the
park as "Union Plaza", and to name the
fountain as the "Dean and Pat Muhleisen
Memorial Fountain", on property generally
located at North 21st Street and P Street.
Fact Sheet (46K)
Attachment (88K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 10-9 Approving the lease agreement between the
City and Slick Graphix for the lease of
office space by the Aging Partners
(formerly the Lincoln Area Agency on
Aging/LIFE) for its Aging Partners Personal
& Family Services program at 370 Fifth
Street, David City, NE 68632 for a term of
March 1, 2010 through February 28, 2011.
(PASSED, 7-0; #19345)
Fact Sheet (44K)
Attachment (61K)
30) 09-132 Adopting an amended and restated City of Lincoln
Employees' Retirement Plan and Trust f 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
2/22/2010) (ACTION DELAYED ONE WEEK TO
3/01/10, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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) (1/25/10 - Placed on Indefinite
Pending & to have P.H. when removed from
Pending)
Fact Sheet (693K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MARCH 1, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
44) 10R-59 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 1 -
15, 2010.
Fact Sheet (14K)
Attachment (25K)
45) 10R-55 Appointing Mary Reece, Takako Olson and Anitra
Warrior to the Lincoln Commission on Human
Rights for three-year terms expiring on December
31, 2012.
Attachment (74K)
46) 10R-56 Appointing Mitchell Paine to the StarTran
Advisory Board for a three-year term expiring
October 20, 2012.
Attachment (43K)
47) 10R-57 Appointing Michael Thompson to the Citizen
Police Advisory Board for a three-year term
expiring November 17, 2012.
Attachment (37K)
48) 10R-58 Approving appropriations in the amount of
$32,879.00 from the operation of Keno Lottery
Funds for various human services (Round 31).
Attachment (39K)
49) 10R-60 Approving a multi-year contract between the City
of Lincoln, Lancaster County, Lincoln-Lancaster
County Public Building Commission and the three
selected vendors, Murphy Tractor, NCS Equipment
Rental, and Hamilton Equipment for equipment and
accessary rental on an as-needed basis.
Fact Sheet (46K)
Attachment (981K)
Attachment (1062K)
Attachment (955K)
50) 10R-61 Approving an Interlocal Agreement between the
City, Lancaster County, and the Village of
Bennet for the operation of a Keno lottery in
Bennet.
Fact Sheet (38K)
Attachment (107K)
51) 10R-62 Approving an amendment to the joint City-County
three-year agreement with Thomson West for
electronic legal research for the period of July
1, 2008 through June 30, 2011, to increase the
number of authorized attorneys from 65 to 70.
Fact Sheet (45K)
Attachment (47K)
52) 10R-64 Approving a transfer of appropriations in the
amount of $51,000.00 within the Parks and
Recreation CIP fund to the Mahoney Golf Course
Clubhouse to make restrooms and exterior
walkways accessible.
Fact Sheet (74K)
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 FEBRUARY ARE THE 8TH AND
THE 22ND.
ADJOURNMENT 6:31 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
***