City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 17, 2010 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY & HORNUNG
THERE WILL BE NO COUNCIL MEETING ON
MONDAY, MAY 31 DUE TO HOLIDAY
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) 10R-116 Reappointing Shawn M. Ryba, Patte L. Newman and
Russell Miller to the Graffiti Appeals Board for
terms expiring December 1, 2012. (ADOPTED, 5-0;
A-85842)
2) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
March 31, 2010. (ADOPTED, 5-0; A-85843)
3) City Clerk Letter and Mayor's approval of
Ordinances & Resolutions passed by Council on
May 3, 2010. (PLACED ON FILE)
4) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for April, 2010. (PLACED
ON FILE)
5) Report from City Treasurer for Telecommunication
Occupation Tax for the month of January
2010: Nebraska Technology & Telecomm.,
Lightyear Network Solutions, Zone Telecom,
Enhanced Comm. Network, MegaPath; February
2010: MCI, Virgin Mobile USA, USCOC of
Greater Iowa, TWC Digital Phone, New Cingular
Wireless, MCI Comm., Qwest, AT&T of Midwest,
Alltel of NE, WWC License, Omaha Cellular,
Verizon Wireless, XO Comm., OnStar, Arizona
Telephony, Working Assets Funding Service, Trans
National Comm. Int'l., Cincinnati Bell Any
Distance, UCN, Inc., VoiceCom, Granite, Tri-M,
Public Comm. Services, Network Billing Systems,
Flying J Comm., IBM Global, KDDI America, CIMCO
Comm., New Edge Networks, TracFone Wireless,
Intellicall Operator Services, CTI Long
Distance, Globalstar USA, TCG Omaha, Broadwing
Comm., Global Crossing Telecomm., McLeodUSA;
March 2010: Unite Private Networks,
Nextel West, Nextel, Windstream Nebraska, Sprint
Comm., D&D Comm., Sprint Spectrum, Enhanced
Comm. Network, Zone Telecom, Tri-M Comm., DCT
Telecom Group, Globalcom, Grasshopper Group,
Novega Venture Partners, First Communications,
SBC Long Distance, Shaffer Comm., TSG Global,
Wholesale Carrier, i-wireless, Covista, Yestel
USA, Total Holdings, IBFA Acquisitions, NOSVA,
Pioneer Telephone, 360networks, ATS Mobile, 800
Response Information Services, Norlight, BT
Americas, Lightyear Network Solutions, NOS
Comm., Primus Telecomm., Sioux City MSA,
Telecorp Comm., USCOC of NE/KS, ACN Comm.
Services; January to March, 2010: T-
Mobile Central, NECC Telecom, Comtech 21,
OrbitCom, iNetworks Group, Opex Comm., PNG
Telecomm., The Sienna Group, Digzip.com,
Enhanced Comm. Group, Affinity 4 and LifeLine
Comm., Guaranteed Phone Service. (PLACED ON
FILE)
6) Report from City Treasurer of E911
Telecommunication Surcharge for February
2010: Charter Fiberlink - Nebraska, LLC,
Vonage America, AT&T of Midwest; March
2010 : Qwest, Granite, Level 3, TWC Digital
Phone, Level 3, 8x8, AT&T of Midwest, iNetworks
Group, Vonage America, AT&T of Midwest, Comtel
Telcom Assets, ACN Comm., Budget Prepay;
January to March 2010: ACN Comm..
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) THE FOLLOWING HAS BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10028 to
Special Permit No. 1254, approved by the
Planning Director on May 7, 2010, requested by
Craig Vacek, to rescind Special Permit No. 1254
originally approved to allow a broadcast tower
at 343 N. Cotner Blvd. Special Permit No. 1254
is hereby rescinded and no longer in force and
effect.
8) Setting the Hearing Date of Monday, June 7, 2010
at 3:00 p.m. for application of Walgreen Company
dba Walgreens #01162 for a Class D liquor
license at 8300 Northern Lights Drive.
(ADOPTED, 5-0; A-85844)
9) Setting the Hearing Date of Monday, June 7, 2010
at 3:00 p.m for application of Walgreen Company
dba Walgreens #04088 for a Class D liquor
license at 2502 N. 48th Street.
(ADOPTED, 5-0; A-85845)
10) Setting the Hearing Date of Monday, June 7, 2010
at 3:00 p.m. for application of Walgreen Company
dba Walgreens #03182 for a Class D liquor
license at 7045 O Street.(ADOPTED, 5-0; A-85846)
11) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
12) Application of Nevels Inc. dba Paul's Old Style
BBQ for a Class A liquor license at 4724
Pioneers Blvd. (ADOPTED FOR APPROVAL, 5-0;
A-85847)
13) Manager application of Nicole Nevels for Nevels,
Inc. dba Paul's Old Style BBQ at 4724 Pioneers
Blvd.(ADOPTED FOR APPROVAL, 5-0; A-85848)
14) Application of Nebraska Retail Ventures LLC dba
Kabredlo's 114 for a Class D liquor license at
4135 South 48th Street.(ADOPTED FOR APPROVAL,
5-0; A-85849)
15) Manager application of Andrew J. Maxey for
Nebraska Retail Ventures LLC dba Kabredlo's 114
at 4135 South 48th Street. (ADOPTED FOR APPROVAL,
5-0; A-85850)
16) Application of Nebraska Retail Ventures LLC dba
Kabredlo's 116 for a Class D liquor license at
606 West A Street. (ADOPTED FOR APPROVAL,
5-0; A-85851)
17) Manager application of Andrew J. Maxey for
Nebraska Retail Ventures LLC dba Kabredlo's 116
at 606 West A Street. (ADOPTED FOR APPROVAL,
5-0; A-85852)
18) Application of Firethorn Golf Company LLC dba
Firethorn Golf Club to delete the south three
holes of the west 9 holes from the licensed
premises at 9301 Firethorn Lane. (ADOPTED
FOR APPROVAL, 5-0; A-85853)
19) Application of West Nine and Learning Center at
Firethorn LLC dba West Nine and Learning Center
for a Class I liquor license at 8788 Firethorn
Lane.(ADOPTED FOR APPROVAL, 5-0; A-85854)
20) Manager application of James B. White for West
Nine and Learning Center at Firethorn LLC dba
West Nine and Learning Center at 8788 Firethorn
Lane.(ADOPTED FOR APPROVAL, 5-0; A-85855)
21) Application of Irie Inc. dba Doc's Place for a
Special Designated Liquor license covering an
inside area measuring approximately 150 feet by
90 feet and an outdoor area measuring
approximately 400 feet by 320 feet at 6891 A
Street, on June 12, 2010 from 9:00 a.m. to 1:00
a.m.(WITHDRAWN, 5-0; #38-4601)
22) Application of BDF, LLC dba Captain Jack's for a
Special Designated Liquor license covering an
outdoor area measuring approximately 350 feet by
200 feet in the parking lot at 605 North 8th
Street, on June 12, 2010 from 11:00 a.m. to
10:00 p.m. (ADOPTED FOR APPROVAL, 5-0; A-85856)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
23) 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. (MTA#1 TO WITHDRAW GLEN EMSWILER
CLAIM, 5-0; ADOPTED AS AMENDED, 5-0; A-85857)
Fact Sheet (14K)
Attachment (25K)
Motion To Amend (6K)
24) 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. (ADOPTED, 5-0;A-85858)
Fact Sheet (48K)
Attachment (1025K)
25) 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. (ADOPTED, 5-0;
A-85859)
Fact Sheet (18K)
Attachment (759K)
26) 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. (ADOPTED, 5-0;
A-85860)
Fact Sheet (9K)
Attachment (372K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 27 THRU 33 HAD 1ST READING)
27) 10-48 Approving the lease agreement between the
City and Erik Alm for the lease of office
space by Aging Partners for its Personal &
Family Services program at 1325 N. Chestnut
Street, Wahoo, NE 68066 for a term of July
1, 2010 through June 30, 2011.
Fact Sheet (72K)
Attachment (69K)
28) 10-49 Annexation 08027 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 45 acres of property
generally located at North 48th Street and
Doris Bair Circle.
Fact Sheet (420K)
Attachment (232K)
29) 10-50 Change of Zone 10008 - 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.
Fact Sheet (355K)
30) 10-51 Annexation 10003 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 10 acres of property
generally located at South 27th Street and
Whispering Wind Boulevard. (Related
Items: 10-51, 10-52)
Fact Sheet (694K)
Attachment (250K)
31) 10-52 Change of Zone 10010 - Application of
Lincoln Federal Bancorp, Inc. for a change
of zone from AG Agricultural District to R-
3 Residential District on property
generally located at South 27th Street and
Whispering Wind Boulevard. (Related
Items: 10-51, 10-52)
Fact Sheet (669K)
32) 10-53 Change of Zone 09024 - 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.
(Related Items: 10-53, 10-54)
Fact Sheet (981K)
33) 10-54 Misc. 10002 - Amending Section 26.23.140 of
the Lincoln Municipal Code relating to
Development Standards for Lots to provide
that residential lots in the R-3 district
which do not meet the required minimum lot
area, average lot width, or yard
requirements shall have a maximum depth of
four times its width. (Related Items:
10-53, 10-54)
Fact Sheet (982K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
34) 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. (PASSED, 5-0;
#19386)
Fact Sheet (567K)
35) 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) (5/10/10 - Action
Delayed 1 wk to 5/17/10)(MTA #1 ADOPTED, 5-0;
ADOPTED, 4-1; CAMP, CARROLL, SNYDER, SPATZ ASSENTING;
COOK DISSENTING; A-85861)
Fact Sheet (18K)
Attachment (15K)
36) 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) (5/10/10 - Action Delayed 1
wk to 5/17/10)(PASSED, 4-1; CAMP, CARROLL,
SNYDER, SPATZ ASSENTING; COOK DISSENTING; #19387)
Fact Sheet (1817K)
37) 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)
(5/10/10 - Action Delayed 1 wk to 5/17/10)
(ADOPTED, 4-1; CAMP, CARROLL, SNYDER, SPATZ
ASSENTING; COOK DISSENTING; A-85862)
Fact Sheet (827K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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)
45) 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)
46) 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 24, 2010, AT 5:30 P.M.
(APPROVED, 5-0)
47) 10R-120 Declaring the official intent of the City to
issue its tax-exempt obligations in an amount
not to exceed $5,000,000.00 and use the proceeds
to acquire, construct and equip a project to be
leased to TMCO, Inc.
48) 10R-121 Confirming the appointment of Kevin Wailes as
Administrator and CEO of the Lincoln Electric
System.
Fact Sheet (48K)
Attachment (155K)
49) 10R-122 Approving a multi-year contract between
Public Safety Corporation and the City of
Lincoln for Intrusion Alarm Registration, False
Alarm Billing and Collection (Bid No. 10-040)
for a four-year term with option for one
additional four-year term.
Fact Sheet (48K)
Attachment (1616K)
50) 10R-123 Approving the appointment of Mayor Chris Beutler
and one member of the Lincoln City Council to the
West Haymarket Joint Public Agency for four year
terms or for so long as such representatives serve in
their positions as Mayor and Council Member,
respectively.
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 3:46 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.
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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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