City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
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.
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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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