InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


            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.



                                   ***
                         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
                                   ***

City Council
Meetings