City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 1, 2010 AT 3:00 P.M.
IMMEDIATELY PRECEDING THE REGULAR COUNCIL MEETING,
THE CITY COUNCIL WILL CONVENE AS THE BOARD OF EQUALIZATION
TO EQUALIZE ASSESSMENTS FOR SEWER DISTRICT NO. 1183
AND SIDEWALK DISTRICT NO. 95(APPROVED, 7-0)
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF JANUARY IS JIM CHILES,
SUPERINTENDENT OF FLEET SERVICES FOR PUBLIC WORKS & UTILITIES,
IN THE CATEGORY OF LOSS PREVENTION.
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-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. (ADOPTED, 7-0; A-85740)
Attachment (74K)
2) 10R-56 Appointing Mitchell Paine to the StarTran
Advisory Board for a three-year term expiring
October 20, 2012. (ADOPTED, 7-0; A-85741)
Attachment (43K)
3) 10R-57 Appointing Michael Thompson to the Citizen
Police Advisory Board for a three-year term
expiring November 17, 2012. (ADOPTED, 7-0; A-85742)
Attachment (37K)
4) Resolution approving the Investment Activity
Report for the quarter ending, November 30,
2009. (ADOPTED, 7-0; A-85743)
5) 2009 Annual Report and Recommendations for
Combined Weed Program. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone 10003 - Request of Mark
Hunzeker, from R-5 to B-3 on property legally
described as Lot 6, Block 3, Electric Park
Addition; from R-5 to O-2 on property legally
described as Lots 7 & 8, Block 3, Electric Park
Addition; from R-2 to B-3 on property legally
described as Lots 14 & 15, Maxwells Addition;
and from R-2 to O-2 on property legally
described as Lot 13, Maxwells Addition located
at northwest corner of S. 16th Street and South
Street.
Special Permit 10005 - Requested by Camp
Sonshine for a recreational facility on property
located at S. 25th Street and Bennet Road.
Special Permit 10006 - Requested by Chris
Thompson, for expansion of a nonconforming use,
on property at 322 N. 29th Street.
Special Permit 10007 - Requested by Hamann
Meadows Townhomes, LLC, Hamann Meadows Community
Unit Plan, for 44 attached single-family
dwelling units with an adjustment to setbacks on
property generally located at Pioneers Boulevard
and Lucile Drive.
Special Permit 10008 - Requested by B&J
Partnership for the authority to sell alcoholic
beverages for consumption off the premises on
property located at S. 16th Street and South
Street.
Special Permit 10009 - Requested by Walgreen
Company for the authority to sell alcoholic
beverages for consumption off the premises on
property located at N. 48th Street and
Huntington Avenue.
Special Permit 10010 - Requested by Walgreen
Company for the authority to sell alcoholic
beverages for consumption off the premises on
property located at N. 84th Street and Northern
Lights Drive.
Special Permit 10011 - Requested by Walgreen
Company for the authority to sell alcoholic
beverages for the consumption off the premises
on property located at S. 70th Street and O Street.
7) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 09077 to
Combined Use Permit/Special Permit No. 18,
approved by the Planning Director on February
16, 2010, requested by Hampton Enterprises,
Inc., to adjust the lot line between Lots 2 and
3 in Lincolnshire Square 2nd Addition
and to amend the floor area and parking table
accordingly, on property generally located
southeast of the intersection of S.
70th St. and "A" St.
8) Setting the Hearing Date of Monday, March 8,
2010 at 3:00 p.m. for the Application of D.L.
Cole, Inc. dba The Isles Pub & Pizza for a Class
D liquor license located at 6242 Havelock
Avenue.(ADOPTED, 7-0; A-85744)
9) Setting the Hearing Date of Monday, March 8,
2010 at 3:00 p.m. for the Application of A.S.
Hospitality, Inc. dba Capital City Grill for
adding a Class K catering to a Class C liquor
license located at 301 N. 8th Street.(ADOPTED,
7-0; A-85745)
10) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of Shanghai King LLC dba Shanghai King
for a Class I liquor license at 3940 Village Drive.
(ADOPTED FOR APPROVAL, 7-0; A-85746)
12) Manager application of Hong T. Do for Shanghai King
LLC dba Shanghai King at 3940 Village Drive.
(ADOPTED FOR APPROVAL, 7-0; A-85747)
13) Application of Bin 105 Inc. dba Bin 105 for a Class
C liquor license at 105 North 8th Street, Suite 101.
(ADOPTED FOR APPROVAL, 7-0; A-85748)
14) Manager application of Steven L. Blazek for Bin 105
Inc. dba Bin 105 at 105 North 8th Street, Suite 101.
(ADOPTED FOR APPROVAL, 7-0; A-85749)
15) Application of BWZ, LLC dba Playmakers for a Class C
liquor license at 640 West Prospector Court.
(ADOPTED FOR APPROVAL, 7-0; A-85750)
16) Manager application of Roger E. Westerhold for BWZ,
LLC dba Playmakers at 640 West Prospector Court.
(ADOPTED FOR APPROVAL, 7-0; A-85751)
17) Application of Barbara Jordan dba Outpost Tavern for
a Class C liquor license at 2834 Folsom Street.
(ADOPTED FOR APPROVAL, 7-0; A-85752)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 18 THRU 24 HAD 2ND READING)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
PUBLIC HEARING - RESOLUTIONS
25) 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. (ADOPTED, 7-0; A-85753)
Fact Sheet (14K)
Attachment (25K)
26) 10R-58 Approving appropriations in the amount of
$32,879.00 from the operation of Keno Lottery
Funds for various human services (Round 31).
(ADOPTED, 7-0; A-85754)
Attachment (39K)
27) 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.
(ADOPTED, 7-0; A-85755)
Fact Sheet (46K)
Attachment (981K)
Attachment (1062K)
Attachment (955K)
28) 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. (ADOPTED, 7-0; A-85756)
Fact Sheet (38K)
Attachment (107K)
29) 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.
(ADOPTED, 7-0; A-85757)
Fact Sheet (45K)
Attachment (47K)
30) 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.(ADOPTED, 7-0; A-85758)
Fact Sheet (74K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 31 THRU36 HAD 1ST READING)
31) 10-19 Creating Improvement District No. 188 for
the purpose of acquiring easements and
additional right-of-way necessary, by
negotiation and purchase or by condemnation
if necessary, for the construction and
future maintenance of public water mains,
sanitary sewer and paving from the
intersection of Betty Lou Blvd. and
Glynoaks Drive to the west side of 84th
Street and Augusta Drive, and assessing the
costs thereof against the benefitted
properties.
Fact Sheet (13K)
Attachment (4858K)
32) 10-20 Creating Paving District No. 2630 for the
purpose of paving Glynoaks Drive from the
intersection of Betty Lou Blvd. and
Glynoaks Drive to the west side of 84th
Street at Augusta Drive and assessing the
cost thereof against the benefitted properties.
Fact Sheet (13K)
Attachment (4858K)
33) 10-21 Creating Water District No. 1202 for the
purpose of constructing water mains from
the intersection of Betty Lou Blvd. and
Glynoaks Drive to the west side of 84th
Street at Augusta Drive and assessing the
cost thereof against the benefitted properties.
Fact Sheet (12K)
Attachment (4858K)
34) 10-22 Creating Sewer District No. 1186 for the
purpose of constructing sanitary sewer
mains from the intersection of Betty Lou
Blvd. and Glynoaks Drive to the west side
of 84th Street at Augusta Drive and
assessing the cost thereof against the
benefitted properties.
Fact Sheet (12K)
Attachment (4858K)
35) 10-24 Amending the pay schedule for a certain
employee group by changing the title and
pay range of Public Works Special Project
Administrator to Public Works Liaison and
Compliance Administrator.
Fact Sheet (137K)
36) 10-25 Amending Chapter 5.20 of the Lincoln
Municipal Code relating to Dances by
amending Section 5.20.010 to lower the age
in the definition of "minor" from nineteen
years of age to eighteen years of age;
amending Section 5.20.100 to require the
parent or legal guardian accompanying a
minor to a public dance to remain on the
premises designated in the public dance
permit at all times said minor is present
and striking subsection (b) of said Section
5.20.100 to maintain consistency with
Chapter 5.20 as amended; and adding a new
section numbered 5.20.140 to establish a
severability section for Chapter 5.20.
Fact Sheet (19K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
37) 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)
(PASSED, 7-0; #19346)
Fact Sheet (838K)
38) 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)(ADOPTED, 7-0; A-85759)
Fact Sheet (1377K)
39) 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. (PASSED, 7-0;
#19347)
Fact Sheet (17K)
40) 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. (PASSED,, 7-0; #19348)
Fact Sheet (40K)
Attachment (310K)
41) 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.
(AMENDED, 7-0; PASSED AS AMENDED, 7-0; #19349)
Fact Sheet (39K)
42) 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
3/1/2010) (DELAYED ONE WEEK TO 3/8/10, 7-0)
Fact Sheet (18K)
Attachment (362K)
Motion To Amend 1 (6K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
43) 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)
44) 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)
45) 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)
46) 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)
47) 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)
48) 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)
49) 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)
50) 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)
51) 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)
52) 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)
53) 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)
54) 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)
55) 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 8, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
56) 10R-65 Designating a Recovery Zone pursuant to the
American Recovery and Reinvestment Tax Act of
2009.
57) 10R-66 Approving a two-year Advertising Agreement
between the City and Cornhusker Bank for a two-
year term for advertising rights on the
electronic message systems at Pershing Municipal
Auditorium at 15th and N Streets.
Fact Sheet (44K)
Attachment (321K)
58) 10R-67 Approving the City of Lincoln Contract Agreement
between the City and Hartland Cleaning Services
& Associates for Bus Shelter Cleaning for a
four-year term expiring November 30, 2013.
Fact Sheet (47K)
Attachment (1103K)
59) 10R-68 Approving the City of Lincoln Contract Agreement
between the City and Max I. Walker Uniform
Rental for Lincoln Water System Uniform Rental
Service for a four-year term expiring March 8,
2014.
Fact Sheet (48K)
Attachment (964K)
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 MARCH ARE THE
8TH AND THE 29th.
ADJOURNMENT 6:19 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: lincoln.ne.gov
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