City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 19, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MARCH 2010
WAS PRESENTED TO ROBERT HURLEY, POLICE OFFICER
WITH THE LINCOLN POLICE DEPARTMENT IN THE CATEGORIES OF
CUSTOMER RELATIONS AND PRODUCTIVITY.
MAYORAL PROCLAMATION
RECOGNIZING THE LINCOLN AMATEUR RADIO CLUB
EXPRESSING GRATITUDE FOR THEIR SERVICE TO THE COMMUNITY.
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
Resolutions and Ordinances passed by the City
Council on April 5, 2010. (PLACED ON FILE)
2) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
February 28, 2010. (ADOPTED, 6-0; A-85815)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, May 10, 2010
at 3:00 p.m. for the Application of Leonard &
Stephen Jimenez dba La Paloma for a Class I
liquor license located at 8320 Northwoods Plaza,
Suite 800. (ADOPTED, 6-0; A-85816)
4) THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10011 to Change
of Zone No. 06063 North 40 Plaza Development
Planned Unit Development approved by the
Planning Director on April 6, 2010, requested
by North 47 Group, LLC to change four single
family lots into eight townhouse lots in the
northwest corner of the site and add one
single family lot on the west side of Doc's
Drive on property generally located ½ block
east of N. 81st Street and Regent Drive.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
6) Application of Rogelio Arias dba Super Taco II
for a special designated license covering an
outdoor area measuring approximately 100 feet by
100 feet in the adjacent parking lot at 500
Westgate Blvd. on April 24, 2010 from 6:00 p.m.
to 1:00 a.m. (ADOPTED FOR APPROVAL, 6-0;
A-85817)
7) Manager application of Solomon Spataro for
Peacock Indian Cuisine Inc. dba Peacock Indian
Cuisine at 2801 Pine Lake Road. (ADOPTED FOR
DENIAL, 6-0; A-85818)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8
THRU 10 HAD 2ND READING)
8) 10-36 Approving the Lease Agreement between the
City and Dittmer & Dittmer of Crete for the
lease of office space by Aging Partners for
its Personal & Family Services program at
1005 E. Highway 33, Suite 6, Crete, NE
68632 for a term of June 1, 2010 through
May 31, 2011.
Fact Sheet (50K)
Attachment (63K)
9) 10-37 Approving the transfer of unspent and
unencumbered appropriations and cash (if any)
between certain capital improvement projects
within the Street Construction Fund and
Water Construction Fund within the Public
Works & Utilities Department.
Fact Sheet (12K)
10) 10-38 Approving the Lease Agreement between the
City and Lynnette McGill for the construction
and placement of telecommunications facilities
on property generally located near Hallam,
Nebraska for a 25-year term.
Fact Sheet (20K)
Attachment (509K)
PUBLIC HEARING - RESOLUTIONS
NONE
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 11
THRU 13 HAD 1ST READING)
11) 10-39 Approving the lease agreement between the
City and Scott and Cindy Jensen for the
lease of office space by Aging Partners for
its Personal & Family Services Medicaid
Waiver program at 320 N. State Street,
Osceola, NE 68651 for a term of June 1,
2010 through May 31, 2011.
Fact Sheet (62K)
Attachment (66K)
12) 10-40 Annexation No. 10002 - Amending the Lincoln
Corporate Limits Map by annexing
approximately one acre of property
generally located southeast of the
intersection of South 84th Street and Van
Dorn Street. (Request 2nd & 3rd Readings
on 4/26/10)
Fact Sheet (537K)
Attachment (258K)
13) 10-41 Approving an amended and restated
Retirement Plan for unclassified City
Department Directors and Administrative
Assistants to the Mayor pursuant to Art. II,
Section 3 of the Charter of the City of
Lincoln, to comply with revisions to the
Internal Revenue Code and regulations.
Fact Sheet (138K)
Attachment (2173K)
Attachment 2 (212K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
14) 10-34 Amending the pay schedule for a certain
employee group assigned to the pay range
which is prefixed by the letter A by
changing the pay range of the
classification Crime Analysis Manager.
(PASSED, 6-0; #19375)
Fact Sheet (43K)
15) 10-35 Change of Zone 10004 - Application of Juan
and Dana Rodriguez for Proyecto Cultural
for a change of zone from I-1 Industrial
District to B-3 Commercial District, on
property generally located at North 22nd
Street and Y Street. (PASSED, 6-0;
#19376)
Fact Sheet (626K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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, APRIL 26, 2010, AT 5:30 P.M.
(APPROVED, 6-0)
25) 10R-101 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 1 - 15,
2010.
Fact Sheet (14K)
Attachment (25K)
26) 10R-102 Approving a Contract Agreement between the City
and Fox Bros. Hay Co., Inc. for Material
Grinding Services for a four year term.
Fact Sheet (52K)
Attachment (970K)
27) 10R-104 Approving an Agreement between the City and the
State of Nebraska Department of Roads for the
use of Surface Transportation Program funds for
the Lincoln Cavett Connector Trail.
Fact Sheet (48K)
Attachment (624K)
28) 10R-103 Comp. Plan Amendment No. 10002 - Amending the
2030 Lincoln/Lancaster County Comprehensive Plan
to make map corrections to the Little Salt Creek
Watershed Master Plan. (Related Items: 10R-103,
10R-105)
Fact Sheet (732K)
Attachment (3915K)
Attachment 2 (31240K)
29) 10R-105 Approving the Little Salt Creek revised 100-year
Floodprone Area and Floodway as the best
available information for local flood regulation
purposes. (Related Items: 10R-103, 10R-105)
Fact Sheet (12K)
Attachment (1756K)
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 APRIL ARE THE 12TH AND THE 26TH.
ADJOURNMENT 3:21 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
***