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, MAY 3, 2010 AT 3:00 P.M.

                ALL MEMBERS PRESENT

                      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)            Resolution levying the special taxes assessed
               for the costs of the improvements in the
               University Place Business Maintenance
               Improvement District against the benefitted
		   properties.  (ADOPTED, 7-0; A-85824)
	
 2)            Resolution levying the special taxes assessed
               for the costs of the improvements in the North
               27th Street Business Maintenance Improvement
               District against the benefitted properties.
               (ADOPTED, 7-0; A-85825)
     
 3)            City Clerk Letter and Mayor's approval of
               Ordinances & Resolutions passed by Council on
               April 19, 2010.  (Placed on file)

 4)            Report from City Treasurer of Cash on Hand at
               the close of business March 31, 2010. (Placed
               on file)


PETITIONS & COMMUNICATIONS

 5)            Setting the Hearing date of Monday, May 17, 2010
               at 3:00 p.m. for Application of Nevel Inc. dba
               Paul's Old Style BBQ for a Class A liquor
               license located at 4724 Pioneer's Boulevard.
                (ADOPTED, 7-0; A-85826)

 6)            Setting Hearing date of Monday, May 17, 2010 at
               3:00 p.m. for Application of Nebraska Retail
               Ventures LLC dba Kabredlo's 114 for a Class D
               liquor license located at 4135 S 48th Street.
               (ADOPTED, 7-0; A-85827)

 7)            Setting the Hearing date of Monday, May 17, 2010
               at 3:00 p.m for Application of Nebraska Retail
               Ventures LLC dba Kabredlo's 116 for a Class D
               liquor license located at 606 West A Street.
               (ADOPTED, 7-0; A-85828)

 8)            Setting the Hearing Date of Monday, May 17, 2010
               at 3:00 p.m for Application of Firethorn Golf
               Company LLC dba Firethorn Golf Club for the
               deletion of south 3 holes of West 9 located at
               9301 Firethorn Lane. (ADOPTED, 7-0; A-85829)

 9)            Setting the Hearing Date of Monday, May 17, 2010
               at 3:00 p.m. for Application of West Nine &
               Learning Cntr LLC dba West Nine & Learning
               Center for a Class I liquor license to include
               South portion of golf course including Clubhouse
               approximately 144 ft. x 226 ft. located at 8788
               Firethorn Lane. (ADOPTED, 7-0; A-85830)


 10) MISCELLANEOUS REFERRALS

                    - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 16 HAD 2ND READING)

11)  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)

12)  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)

13)  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)

14)  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)

15)  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)

16)  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)


PUBLIC HEARING - RESOLUTIONS

17)  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.(ADOPTED, 7-0; A-85831)
               Fact Sheet (46K)
               Attachment (101K)

18)  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. (ADOPTED, 7-0; A-85832)
               Fact Sheet (61K)
               Attachment (461K)

19)  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.(ADOPTED, 7-0; A-85833)
               Fact Sheet (798K)

20)  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. (ADOPTED, 7-0;
               A-85834)
               Fact Sheet (12K)
               Attachment (18K)

21)  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. (CONT. PUBLIC HEARING W/ACTION TO 5/10/10,
               7-0)
               Fact Sheet (17K)

22)  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. (CONT. PUBLIC HEARING W/ACTION
               TO 5/10/10, 7-0)
               Fact Sheet (17K)

23)  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. (ADOPTED, 5-2;
               CARROLL, COOK, HORNUNG, SNYDER, SPATZ ASSENTING;
               CAMP,EMERY DISSENTING;  A-85835)
               Fact Sheet (13K)
               Attachment (801K)

                  - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 24 HAD 1ST READING)

24)  10-46     Change of Zone 10009   Application of
               Pioneer Woods, LLC for a change of zone
               from O-3 Office Park District to B-2
               Planned Neighborhood Business District, on
               property generally located at Pioneer Woods
               Drive and Pioneers Boulevard.
               Fact Sheet (567K)


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

25)  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. (PASSED, 7-0;
               #19380)
               Fact Sheet (62K)
               Attachment (66K)

26)  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.(PASSED, 7-0; #19381)
               Fact Sheet (537K)
               Attachment (258K)

27)  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.
               (PASSED, 7-0; #19382)
               Fact Sheet (138K)
               Attachment (2173K)
               Attachment 2 (212K)



PENDING LIST - DATE CERTAIN

28)  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. (4/26/10 - Claims of Dennis K. & Beni
               Cooper, Jeffery & Nerissa Ahern, Islamic
               Foundation of Lincoln delayed Action w/con't.
               P.H. for 2 wks. or as determined by City
               Attorney) (TO BE DELETED FROM AGENDA. WILL BE
               INCLUDED IN A DIFFERENT RESOLUTION AT A LATER DATE.)
               Fact Sheet (14K)
               Attachment (25K)


PENDING LIST	(EXTENDED ONE WEEK)

29)  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)

30)  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)

31)  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)

32)  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)

33)  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)

34)  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)

35)  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)

36)            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)

37)  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 10, 2010, AT 3:00 P.M.
							(APPROVED, 7-0)

38)  10R-115   Accepting a donation of $600,000.00 from the
               Lincoln Community Foundation on behalf of Sheila
               Dickinson Dinsmore Graf and Burket Graf for the
               construction and endowment of an amphitheater
               and associated seating/shade structure and
               surrounding pathways in Union Plaza, generally
               located at North 21st Street and Q Street.
               Fact Sheet (48K)


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 MAY ARE THE
     10TH AND THE 24TH.


ADJOURNMENT	5:00 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