City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 24, 2010 AT 5:30 P.M.
THERE WILL BE NO COUNCIL MEETING ON
MONDAY, MAY 31 DUE TO HOLIDAY
ALL MEMBERS PRESENT EXCEPT HORNUNG
ELECTION OF COUNCIL CHAIR AND VICE CHAIR - JOHN SPATZ
ELECTED CHAIR; EUGENE CARROLL ELECTED VICE CHAIR
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-121 Confirming the appointment of Kevin Wailes as
Administrator and CEO of the Lincoln Electric
System. (ADOPTED, 6-0; A-85863)
Fact Sheet (48K)
Attachment (155K)
2) 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.
(MTA #1 ADOPTED, 6-0; ADOPTED AS AMENDED,
6-0; A-85864)
3) City Clerk Letter and Mayor's approval of
Ordinances & Resolutions passed by Council on
May 10, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) THE FOLLOWING HAVE BEEN PLACED ON FILE IN THE
OFFICE OF THE CITY CLERK:
Administrative Permit No. 10001, approved by
the Planning Director on May 11, 2010, requested
by Constructors, Inc., to operate a temporary
concrete paving plant for the Interstate 80
widening project for three years on property
located at 8100 N. 112th Street
adjacent to I-80.
Administrative Amendment No. 10021 to Use
Permit No. 57D, approved by the Planning
Director on May 12, 2010, requested by Carlson
Consulting Engineers, to revise the parking lot
layout, add a loading canopy and add a canopy
over tire and battery storage for the Sam's Club
on property generally located northeast of N.
27th Street and Superior Street.
Administrative Amendment No. 10013 to
Special Permit No. 1533, approved by the
Planning Director on May 13, 2010, requested by
Western Manor, LP c/o Mercy Housing, Inc., to
revise the parking lot layout, add a community
building and a 20 space garage on property
generally located at N. Coddington Avenue and
West "Q" Street.
Administrative Amendment No. 10022 and
Administrative Amendment No. 10023 to
Special Permit No. 04069 and Special Permit No.
04070, approved by the Planning Director on May
14, 2010, requested by ESP Engineering, to
revise Lot 1, Block 2 and Lot 1, Block 1, and
the abutting street on property generally
located at SW. 14th Street and W.
Bennet Road.
5) THE FOLLOWING HAVE BEEN REFERRED TO THE PLANNING
DEPARTMENT:
CHANGE OF ZONE NO. 10011 - Application of
the Director of Planning, amending Chapter 27.69
of the Lincoln Municipal Code relating to Signs
by amending Section 27.69.020 to delete the
definition of Pedestrian Marquee Sign; amending
Section 27.69.030 to amend the general
provisions to provide that for Center signs
permitted on a "per frontage" basis, frontage
shall mean the frontage of the Center adjacent
to an arterial or collector street; and to
delete the general provision regarding
pedestrian marquee signs; amending Section
27.69.220 to add an exception to the requirement
that a complex or subdivision freestanding sign
abutting a residential zoned lot may not be
illuminated unless located at least 100 feet
from an abutting residential zoned lot if the
abutting residential zoned lot is used for
another multi-family use or a special permitted
use; amending Section 27.69.340 to eliminate
restrictions regarding height and illumination
of freestanding signs used for office and retail
uses; and repealing Sections 27.69.020,
27.69.030, 27.69.220, and 27.69.340 of the
Lincoln Municipal Code as hitherto existing.
CHANGE OF ZONE NO. 10012 - Application of
the Director of Planning, amending Chapter 27.63
of the Lincoln Municipal Code relating to
Special Permits by amending Section 27.63.680
and 27.63.685 regarding the sale of alcoholic
beverages for consumption on and off the
premises, respectively, to add a requirement
that the licensed premises must be located no
closer than 100 feet from the property line of a
premises located in a nonresidential district
which is occupied in whole or part by a first-
floor residential use and to clarify that the
required 100-foot separation from a day care
facility, park, church, or state mental
institution is measured from the licensed
premises to the property line of the premises
used for the day care facility, park, church, or
state mental health institution; and repealing
Sections 27.63.680 and 27.63.685 of the Lincoln
Municipal Code as hitherto existing.
CHANGE OF ZONE NO. 10013 - Application of
the Director of Planning, amending Title 27 of
the Lincoln Municipal Code by amending Chapter
27.03, Definitions, to add a new Section
numbered 27.03.162 to provide a definition for
data center; amending Section 27.67.040 to
establish parking requirements for data centers;
and repealing Section 27.67.040 of the Lincoln
Municipal Code as hitherto existing.
SPECIAL PERMIT NO. 07044A - Application of
Terri Sherman, for additional parking, with
request to waive parking in the front yard, on
property legally described as Lot 18, Block 4,
Sawyer's Addition, located in the SW 1/4 of
Section 25-10-6, Lancaster County, Nebraska,
generally located at S. 18th Street and
F Street (1804 F Street).
SPECIAL PERMIT NO. 10023 - Application of
Sandstone Construction, LLC., for a parking lot,
with a request to adjust setbacks, on property
legally described as the south 74.82 feet of the
east 99.53 feet of the remaining portion of Lot
3, Lemings Subdivision, located in the NE 1/4 of
Section 29-10-7, Lancaster County, Nebraska,
generally located at S. 52nd Street and
N Street.
6) Setting the Hearing Date of Monday, June 7, 2010
at 3:00 p.m. for the Application of 1644 Steele
LLC dba The Bar for a Class CK liquor license
located at 1644 P Street. (ADOPTED, 6-0; A-85865)
7) Setting the Hearing Date of Monday, June 7, 2010
at 3:00 p.m. for the Application of SB Partners
LLP dba Staybridge Suites for a Class I liquor
license located at 2701 Fletcher Street.
(ADOPTED, 6-0; A-85866)
8) Setting the Hearing Date of Monday, June 21,
2010 at 3:00 p.m. for the application of Ken's
Liquor Inc. dba MJ Catering for a Class I liquor
license located at 6305 West Adams.(ADOPTED, 6-0;
A-85867)
9) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 16 HAD 2ND READING; SEE ITEM 10)
10) 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.(PLACED ON
INDEFINITE PENDING, 6-0)
Fact Sheet (72K)
Attachment (69K)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
PUBLIC HEARING - RESOLUTIONS
17) 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. (MTA #1 ADOPTED, 6-0;
ADOPTED AS AMENDED, 6-0; A-85868)
Motion To Amend (33K)
18) 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.(ADOPTED, 6-0; A-85869)
Fact Sheet (48K)
Attachment (1616K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 19 THRU 22 HAD 1ST READING)
19) 10-57 Authorizing the City of Lincoln to enter
into a lease-purchase transaction with
Union Bank and Trust Company for the
acquisition of street lighting equipment
and ambulances and related matters.
20) 10-58 Authorizing the issuance of not to exceed
$22,500,000 principal amount of the City of
Lincoln general obligation bond
anticipation notes and $27,500,000 of the
City of Lincoln general obligation tax
anticipation notes.
21) 10-56 Amending Section 9.44.040 of the Lincoln
Municipal Code relating to the sale of
permissible fireworks by changing the date
by which applications for license as a
retailer of permissible fireworks must be
filed with the Chief of the Bureau of Fire
Prevention from June 23 to June 10,
increasing the fee for late filing of said
application from $25.00 to $50.00, and
increasing the application fee from $75.00
to $100.00, to harmonize with the
provisions of Section 19.03.100 of the
Lincoln Fire Code.
Fact Sheet (38K)
22) 10-59 Vacating that portion of the north-south
alley between S. 15th Street and S. 16th
Street from South Street to approximately
210 feet north of South Street.
Fact Sheet (518K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
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, JUNE 7, 2010, AT 3:00 P.M.
(APPROVED, 6-0)
32) 10R-124 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 1 - 15,
2010.
Fact Sheet (14K)
Attachment (22K)
33) 10R-125 Approving an agreement between the City of
Lincoln, Lancaster County and the Nebraska
Department of Roads to purchase right-of-way for
the protection of the South Beltway and East
Beltway.
Fact Sheet (13K)
Attachment (349K)
34) 10R-126 Approving an Exchange Agreement between the City
of Lincoln, on behalf of the Lincoln-Lancaster
County Health Department, and the Nebraska
Department of Labor for the Nebraska Department
of Labor to provide the Health Department with a
list of Nebraska employers that were in business
the previous year.
Fact Sheet (38K)
Attachment (195K)
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 6:37 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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