City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 10, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR APRIL 2010 WAS PRESENTED TO
JAMIE PHILLIPS, ADMINISTRATIVE SECRETARY
FOR THE ADMINISTRATION DIVISION OF THE FINANCE DEPARTMENT
IN THE CATEGORIES OF
CUSTOMER RELATIONS AND PRODUCTIVITY.
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 approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the Second Quarter, Fiscal Year
2009-10. (ADOPTED, 7-0; A-85836)
2) Report from the City Treasurer of franchise tax
for 1st Quarter 2010 from Time Warner Cable.
(PLACED ON FILE)
3) Report from City Treasurer of franchise tax for
the month of March 2010 from Black Hills/Nebraska
Gas Utility Co., LLC. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on April 26, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, June 7, 2010
at 3:00 p.m. for the Application of Moran's
Liquor Works, LLC dba Moran's Liquor Works for
the addition of a catering license to its
Class D liquor license located at 3400 A Street.
(ADOPTED, 7-0; A-85837)
6) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10019 to
Special Permit No. 1321A approved by the
Planning Director on April 28, 2010 requested by
AT&T Mobility to amend the site plan to include
an additional ground equipment shelter to house
AT&T facilities associated with the monopole
located on this site located at 8383 Pioneers
Blvd.
Administrative Amendment No. 10020 to
Special Permit No. 450P approved by the Planning
Director on April 28, 2010 requested by Erickson
Sullivan Architects to amend the site plan to
include a "Family Housing Unit" near the
southwest corner of the Madonna Campus and to
amend the general notes accordingly on property
generally located near S. 52nd Street
and Normal Blvd.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
8) Application of Leonard and Stephen Jimenez dba
La Paloma for a Class I liquor license at 8320
Northwoods Plaza, Suite 800. (ADOPTED, 7-0;
A-85838)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 9
HAD 2ND READING)
9) 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)
PUBLIC HEARING - RESOLUTIONS
10) 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. (5/3/10 - P.H. con't w/Action to
5/10/10) (MTA #1 ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-85839)
Fact Sheet (17K)
Motion To Amend (765K)
11) 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. (5/3/10 - P.H. con't w/Action
to 5/10/10) (MTA #1 ADOPTED, ADOPTED AS AMENDED,
7-0; A-85840)
Fact Sheet (17K)
Motion To Amend (183K)
12) 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.
(ADOPTED, 7-0; A-85841)
Fact Sheet (48K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
13) 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.
(PASSED, 7-0; #19383)
Fact Sheet (43K)
Attachment (60K)
14) 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. (PASSED, 7-0; #19384)
Fact Sheet (141K)
15) 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.
(PASSED, 7-0; #19385)
Fact Sheet (49K)
Attachment (137K)
16) 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) (ACTION DELAYED
ONE WEEK TO 5/17/10, 6-1; CARROLL, COOK, EMERY,
HORNUNG, SNYDER, SPATZ ASSENTING; CAMP DISSENTING)
Fact Sheet (18K)
Attachment (15K)
17) 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) (ACTION DELAYED ONE WEEK TO 5/17/10,
6-1; CARROLL, COOK, EMERY, HORNUNG, SNYDER,
SPATZ ASSENTING; CAMP DISSENTING)
Fact Sheet (1817K)
18) 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)
(ACTION DELAYED ONE WEEK TO 5/17/10, 6-1;
CARROLL, COOK, EMERY, HORNUNG, SNYDER, SPATZ
ASSENTING; CAMP DISSENTING)
Fact Sheet (827K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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 17, 2010, AT 3:00 P.M.
(APPROVED, 7-0)
28) 10R-116 Reapppointing Shawn M. Ryba, Patte L. Newman and
Russell Miller to the Graffiti Appeals Board for
terms expiring December 1, 2012.
29) 10R-117 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 16 -
30, 2010.
Fact Sheet (14K)
Attachment (25K)
30) 10R-118 Approving a Contract Agreement between the City
and Nebraska LabLinc for Annual Requirements for
Blood Chemistry Profile Quote 2969 for a two
year term with the option for one additional two
year term.
Fact Sheet (48K)
Attachment (1025K)
31) 10R-119 Approving the Interlocal Agreement Addendum
between the City and Lancaster County to amend
the Agreement entered into on July 14, 2005
under Resolution No. A-83408 for an extension of
the term of the agreement for an additional five
years for the completion of the grading and
paving project near S.W. 40th Street between
West A and West O Streets, including a vehicular
viaduct over the BNSF tracks and replacement of
the County's Middle Creek bridge.
Fact Sheet (18K)
Attachment (759K)
32) 10R-107 Approving the use of public right-of-way by T.O.
Haas Tire to construct a new ADA entry to the
property at 2400 O Street.
Fact Sheet (9K)
Attachment (372K)
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 4:10 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
***