City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 26, 2010 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
IMMEDIATELY PRECEDING THE REGULAR MEETING
BOARD OF EQUALIZATION - UNIVERSITY PLACE MAINTENANCE BUSINESS
IMPROVEMENT DISTRICT (APPROVED, 6-0)
BOARD OF EQUALIZATION - N 27TH STREET MAINTENANCE BUSINESS
IMPROVEMENT DISTRICT (APPROVED, 6-0)
PUBLIC HEARING
CONSENT AGENDA
Anyone wishing to address an item on the Consent Agenda may do so at this time
REPORTS OF CITY OFFICERS
1) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 12, 2010. (PLACED ON FILE)
2) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of March,
2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10015 to Change
of Zone No. 2463D Highpointe Planned Unit
Development approved by the Planning Director on
April 15, 2010 requested by Thompson, Dreesen &
Dorner, Inc. to adjust the setback along the
east lot line from 30 feet to 25 feet and to
replace the six and fourteen-stall garages with
a ten-car garage and nine surface parking spaces
on property generally located on the southeast
corner of S. 45th Street and Old Cheney Road.
4) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
Change of Zone No. 09024 - Requested by
the Director of Planning amending Title 27 of
the Lincoln Municipal Code relating to Zoning by
amending Section 27.15.030 to allow single-
family dwellings on small lots located outside
the January 1, 2010 corporate limits as a
permitted conditional use and providing
conditions of approval; amending Section
27.15.040 to allow single-family
dwellings on small lots located inside the
January 1, 2010 corporate limits as a permitted
special use; adding a new section numbered
27.63.800 to provide conditions for granting a
special permit to allow single-family dwellings
on small lots in the R-3 district located inside
the January 1, 2010 corporate limits; and
repealing Sections 27.15.030 and 27.15.040 of
the Lincoln Municipal Code as hitherto existing.
Change of Zone No. 10008 - App. of Mike
Barnett requested by Craig and Lori Blake
amending Title 27 of the Lincoln Municipal Code
relating to Zoning by amending Sections
27.43.030, 27.45.025, and 27.49.030 to add
outdoor vehicle storage as a permitted
conditional use in the H-3, H-4, and I-2 zoning
districts, respectively; and repealing Sections
27.43.030, 27.45.025, and 27.49.030 of the
Lincoln Municipal Code as hitherto existing.
Change of Zone No. 10010 - App. of
Lincoln Federal Bancorp, Inc. from AG
Agricultural District to R-3 Residential
District on property legally described as a
portion of Lot 8, Block 2, Wilderness Hills
2nd Addition located in the NW 1/4 of
Section 30-9-7, Lancaster County, Nebraska,
generally located at S. 27th Street and
Whispering Winds Boulevard.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 8 HAD 2ND READING)
6) 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)
7) 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)
8) 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)
PUBLIC HEARING - RESOLUTIONS
9) 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. (AMENDED, 6-0; ADOPTED AS AMENDED, 6-0;
A-85819)
Fact Sheet (14K)
Attachment (25K)
10) 10R-102 Approving a Contract Agreement between the City
and Fox Bros. Hay Co., Inc. for Material
Grinding Services for a four year term.
(ADOPTED, 6-0; A-85820)
Fact Sheet (52K)
Attachment (970K)
11) 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.
(ADOPTED, 6-0; A-85821)
Fact Sheet (48K)
Attachment (624K)
12) 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) (ADOPTED, 6-0; A-85822)
Fact Sheet (732K)
Attachment (3915K)
Attachment 2 (31240K)
13) 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)
(ADOPTED, 6-0; A-85823)
Fact Sheet (12K)
Attachment (1756K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 14
THRU 19 HAD 1ST READING)
14) 10-42 Approving an Agreement between the City and
the Mueller/Bigert Rentals for the lease of
office space by Aging Partners for its
Personal & Family Services program at 137
N. 8th Street, Geneva, NE 68361 for a term
of August 1, 2010 through July 31, 2011.
Fact Sheet (43K)
Attachment (60K)
15) 10-43 Amending Section 2.76.150 of the Lincoln
Municipal Code relating to pay increases
for exceptional service within the City's
merit pay plan to clarify language to
provide consistency between the Lincoln
Municipal Code and various labor
agreements.
Fact Sheet (141K)
16) 10-44 Authorizing the sale of surplus property
described as portions of Lots 11 and 12,
Wesleyan Heights Addition, generally
located northwest of North 41st Street and
Greenwood Street to B&J Partnership.
Fact Sheet (49K)
Attachment (137K)
17) 10R-109 Approving the Amended and Restated Development
and Conditional Zoning Agreement between the
City and B&J Partnership, Ltd. relating to the
development of CVS Pharmacy on property
generally located at S. 15th Street and South
Street. (Related Items: 10R-109, 10-45,
10R-110) (Action Date: 5/10/10)
Fact Sheet (18K)
Attachment (15K)
18) 10-45 Change of Zone 10003 - Application of B&J
Partnership for a change of zone from R-5
and R-2 Residential Districts to B-3
Commercial District and O-2 Suburban Office
District on property generally located
northwest of the intersection of South 16th
Street and South Street. (Related Items:
10R-109, 10-45, 10R-110) (Action Date:
5/10/10)
Fact Sheet (1817K)
19) 10R-110 Hearing on the appeals by Brad Nelson and the
Near South Neighborhood Association of the
Planning Commission approval of Special Permit
No. 10008 requested by B&J Partnership for
authority to sell alcoholic beverages for
consumption off the premises on property
generally located northwest of South 16th Street
and South Street. (Related Items: 10R-109,
10-45, 10R-110) (Action Date: 5/10/10)
Fact Sheet (827K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 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. (PASSED, 6-0; #19377)
Fact Sheet (50K)
Attachment (63K)
21) 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.
(PASSED, 6-0; #19378)
Fact Sheet (12K)
22) 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. (PASSED, 5-0, HORNUNG ABSENT;
#19379)
Fact Sheet (20K)
Attachment (509K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
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)
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)
31) 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, MAY 3, 2010, AT 3:00 P.M.
(APPROVED, 6-0)
32) 10R-99 Approving a funding agreement between the City,
the Lincoln Parks Foundation and Assurity Life
Insurance Company for funding of construction
and endowment of the scenic overlook feature at
Union Plaza.
Fact Sheet (46K)
Attachment (101K)
33) 10R-106 Approving Amendment No. 2 to the Matt Talbot
Kitchen and Outreach Project Redevelopment
Agreement between the City and Matt Talbot
Kitchen and Outreach, Inc. relating to the
redevelopment of property generally located at
2121 N. 27th Street.
Fact Sheet (61K)
Attachment (461K)
34) 10R-108 Waiver No. 10008 - Application of Camp Sonshine
to waive the parking lot surfacing requirement
on property generally located at South 25th
Street and Bennet Road.
Fact Sheet (798K)
35) 10R-111 Approving the extension of the termination date
of an existing Inter-Governmental Agreement,
previously approved by Resolution No. A-85349,
between Nebraska Department of Environmental
Quality and the City of Lincoln from March 30,
2010 to December 31, 2010.
Fact Sheet (12K)
Attachment (18K)
36) 10R-112 Adopting the City of Lincoln Title VI Civil
Rights Plan to satisfy federal compliance
requirements related to qualification for the
receipt of federal-aid transportation project
funds.
Fact Sheet (17K)
37) 10R-113 Adopting the City of Lincoln ADA/Section 504
Rehabilitation Act Policy to satisfy federal
compliance requirements related to qualification
for the receipt of federal-aid transportation
project funds.
Fact Sheet (17K)
38) 10R-114 Approving the use of public right-of-way by
Kinport Corp. for the installation of an exterior
stair case in the alley adjacent to the property
at 211 North 12th Street.
Fact Sheet (13K)
Attachment (801K)
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 6:27 P.M.
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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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