City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 25, 2010 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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-272 Appointing Annielyn Ocampo to the Multicultural
Advisory Committee to fill an unexpired term
expiring September 18, 2011.
(ADOPTED, 6-0; A-86072)
Attachment (78K)
2) Affidavit of Mailing for the Board of
Equalization for Downtown Business Improvement
District, Core Business Improvement District
Overlay & Downtown Maintenance District to be
held on Monday, November 8, 2010 at 3:00 p.m.
(PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 11, 2010.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, November 8,
2010 at 3:00 p.m. for the application of Blue
Mango Holdings, LLC dba Cocos Night Club
(requested name change from El Salvador Cafe)
for an addition/reconstruction of premise to
their existing Class C liquor license by
changing the description to a one-story building
approx. 50' by 140' including basement area
located at 221 S. 9th Street.
(ADOPTED, 6-0; A-86073)
5) REFERRALS TO THE PLANNING DEPARTMENT:
Special Permit No. 10032 - Requested by
Holm Contracting, Inc. for authority to expand a
nonconforming use to enclose an existing
breezeway that encroaches into the required side
yard setback on property generally located at
Woodsdale Boulevard and Van Dorn Street (2220
Woodsdale Boulevard).
6) Informal petition to create a water district on
property located on Northwest 19th Street
between West Q Street and West R Street
submitted by Michael Smith.
(REFERRED TO PUBLIC WORKS DEPT. ON 10/20/10)
7) MISCELLANEOUS REFERRALS
PLACED ON FILE IN THE CITY CLERKS OFFICE:
Administrative Amendment No. 10057 to Special
Permit No. 1121, Malone Manor, approved by the
Planning Director on October 14, 2010 requested
by John Newcomer to add parking stalls and revise
the parking lot layout for Malone Manor on property
generally located at N. 22nd Street and Vine Street.
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8
THRU 10 HAD 2ND READING)
8) 10-133 Change of Zone 10019 - Application of Assurity
Life Insurance Co. for a change of zone from O-3
Office Park District to B-2 Planned Neighborhood
Business District, on property generally located
at the northwest corner of South 27th Street and
Old Cheney Road. (Related Items 10-133,
10R-271, 10-134) (Action Date: 11/1/10)
(CON'T 2ND READING W/P.H. ON 11/15/10, 4-2;
CARROLL, COOK, EMERY, SNYDER ASSENTING; HORNUNG,
SPATZ DISSENTING)
Fact Sheet (2087K)
9) 10R-271 Use Permit No. 15D - Amending the Use Permit for
Southwood Center to change approximately 33,020
sq. ft. of office uses to retail uses, with a
request to reduce the front yard setback on
South 27th Street and Old Cheney Road, on
property generally located at the northwest
corner of South 27th Street and Old Cheney Road.
(Related Items 10-133, 10R-271, 10-134)
(Action Date: 11/1/10) (CON'T 2ND READING W/P.H.
ON 11/15/10, 4-2; CARROLL, COOK, EMERY, SNYDER
ASSENTING; HORNUNG, SPATZ DISSENTING)
Fact Sheet (1580K)
10) 10-134 Vacation 10015 - Vacating the right-of-way stub
on the north side of Old Cheney Road located
approximately 480 feet west of the centerline of
South 27th Street. (Related Items 10-133,
10R-271, 10-134) (Action Date: 11/1/10)
(CON'T 2ND READING W/P.H. ON 11/15/10, 4-2;
CARROLL, COOK, EMERY, SNYDER ASSENTING; HORNUNG,
SPATZ DISSENTING)
Fact Sheet (805K)
PUBLIC HEARING - RESOLUTIONS
11) Appeal of Stephenie M. Norris from the decision
of the Lincoln Police Department on the denial
of her application for a Sidewalk Vendor Permit
according to LMC §14.55.050. (To have
P.H. w/Action on 10/25/10) (ADOPTED FOR DENIAL,
6-0; A-86074)
12) 10R-274 Approving the Contract Agreement between the
City and X-Tra Kleen, Inc. for the annual
cleaning services for Lincoln libraries,
pursuant to Bid No. 10-154 for a four-year term.
(ADOPTED, 6-0; A-86075)
Fact Sheet (125K)
Attachment (2671K)
13) 10R-273 Vacation 10014 - Vacating that portion of W. Waggoner
Drive which abuts Lot 1, 2, and 3, Block 1, Waggoner
Subdivision, generally located 1/4 mile south of
West O Street on the east side of S.W. 98th Street.
(ADOPTED, 6-0; A-86076)
Fact Sheet (990K)
PUBLIC HEARING
ORDINANCES - 3RD READING & RELATED RESOLUTIONS required)
14) 10-128 Authorizing the City of Lincoln to enter into a
lease-purchase transaction with Union Bank and
Trust Company, Lincoln, Nebraska, in an amount
not to exceed $8,000,000 for the acquisition of
the Experian building and renovations to the same.
(Related Items: 10-128, 10R-236, 10R-241)
(10/4/10 - Action delayed 3 wks w/P.H. to
10/25/10) (PASSED, 5-1; CARROLL, COOK, EMERY,
SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
#19461)
15) 10R-236 Amending the 2010/2011 - 2015/2016 Capital
Improvements Program Budget to add a new project
in year one to the Public Works & Utilities
Street Maintenance program to include the lease
purchase of the Experian facility at 901 and 949
West Bond Street. (Related Items: 10-128,
10R-236, 10R-241) (Action Date: 10/4/10)
(10/4/10 - Action delayed 3 wks w/P.H. to
10/25/10) (ADOPTED, 5-1; CARROLL, COOK, EMERY,
SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
A-86077)
Fact Sheet (13K)
16) 10R-241 Approving a Real Estate Purchase and Sale
Agreement between the City of Lincoln and
Experian Marketing Solutions, Inc. for the
purchase of the Experian facility generally
located at 901 and 949 West Bond Street.
(Related Items: 10-128, 10R-236, 10R-241)
(Action Date: 10/4/10) (10/4/10 - Action delayed
3 wks w/P.H. to 10/25/10) (MTA #1 ADOPTED, 6-0;
ADOPTED AS AMENDED, 5-1; CARROLL, COOK, EMERY,
SNYDER, SPATZ ASSENTING; HORNUNG DISSENTING;
A-86078)
Attachment (603K)
First Amendment to Attachment
Motion To Amend (9K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 17
THRU 22 HAD 1ST READING)
17) 10R-275 Comp. Plan Conformance 10006 - Adopting and
approving the proposed Nebraska Innovation
Campus Redevelopment Plan for an area adjacent
to the University of Nebraska-Lincoln city
campus including the former Nebraska State Fair
Park, generally located from N. Antelope Valley
Parkway to 27th Street, between Salt Creek and
the Burlington Northern Santa Fe Railroad
corridors. (Related Items: 10R-275, 10-135)
(Action Date: 11/8/10)
Fact Sheet (644K)
Attachment (6933K)
18) 10-135 Change of Zone 10018 - Application of the
University of Nebraska for a change of zone from
P Public Use District to O-3 Planned Unit
Development for development of Nebraska
Innovation Campus including approximately two
million square feet of mixed use commercial
space, up to 250 dwelling units and up to 135
hotel rooms, on property generally located at
North Antelope Valley Parkway and Salt Creek
Roadway. (Related Items: 10R-275, 10-135)
(Action Date: 11/8/10)
Fact Sheet (1580K)
19) 10-136 Vacation 10012 - Vacating that portion of the
north-south alley abutting the south 9.78 feet
of Lot 14, Maxwell's Addition, generally located
at the northwest corner of South 16th Street and
South Street.
Fact Sheet (400K)
20) 10-137 Vacation 10013 - Vacating various rights-of-way
in Antelope Valley generally bound by S Street
on the north, Monroe Avenue on the south, N.
19th Street on the west and N. 22nd Street on
the east.
Fact Sheet (1772K)
21) 10-138 Amending Title 10 of the Lincoln Municipal Code
relating to Vehicles and Traffic by adding a new
section numbered 10.02.365 to define Snow
Removal District, and by creating a new Lincoln
Municipal Code Chapter 10.41, Snow Removal
District, by adding Section 10.41.010 to
prohibit parking in any Snow Removal District
whenever a snow emergency is declared; adding
Sections 10.41.020, 10.41.030, 10.41.040,
10.41.050, 10.41.060, 10.41.070, 10.41.080,
10.41.090, and 10.41.100 to establish the
Downtown, University Place, Havelock, Bethany,
College View, 11th and G Street, 13th Street,
17th and Washington, and 25th and Sumner Snow
Removal Districts, respectively; adding Section
10.41.110 to authorize the Mayor to order a
parking prohibition on all streets designated as
part of any Snow Removal District; and adding
Section 10.41.120 to authorize the Director of
Public Works and Utilities to provide for
signage identifying said Snow Removal Districts.
Fact Sheet (12K)
22) 10-139 Amending Title 5 of the Lincoln Municipal Code
relating to Licenses and Regulations by amending
Section 5.36.120 relating to the appeal of a
denial of an application for a Peddler's permit
to provide that the Chief of Police and the
Director of Public Works and Utilities may
designate persons from their departments to fill
such directors' positions on the Permit Review
Board; amending Section 5.50.080 relating to the
suspension or revocation of a taxicab driver
license to provide that the Chief of Police and
the Director of Public Works and Utilities may
designate persons from their departments to fill
such directors' positions on the Taxicab Review
Board.
Fact Sheet (101K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 10-131 Approving a Lease Agreement between the Lincoln-
Lancaster County Health Department and Enterprise
Company, Inc. for the lease of office space at
2662 Cornhusker Highway for the Health Department's
Women, Infants and Children (WIC) Program for a
three year term. (PASSED, 6-0; #19462)
Fact Sheet (86K)
Attachment (2636K)
24) 10-132 Approving a Lease Agreement between the Lincoln-
Lancaster County Health Department and the
Lincoln Medical Education Partnership for the
lease of office space at 4600 Valley Road for
the Health Department's Women, Infants and
Children (WIC) Program for a four year term.
(PASSED, 6-0; #19463)
Fact Sheet (190K)
Attachment (582K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 10-101 Adopting an amended and restated version of the
City of Lincoln Employees' Retirement Plan and
Trust to provide that the employer contribution
for employees hired in positions and pay ranges
prefixed by the letter "N" on or after September
1, 2010 will be an amount equal to 9% of an
employee's compensation; and to further provide
that the mandatory employee contribution for
employees hired in positions and pay ranges
prefixed by the letter "N" on or after September
1, 2010 will be in an amount equal to 7% of an
employee's compensation. (8/23/10 - Reconsidered
Ordinance No. 19430 - Placed on Pending Indefinitely)
Fact Sheet (104K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, NOVEMBER 1, 2010, AT 3:00 P.M.
(APPROVED, 6-0)
34) 10R-276 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 1 -
15, 2010.
Fact Sheet (14K)
Attachment (21K)
35) 10R-277 Assigning Recovery Zone Economic Development
Bond Allocation to the West Haymarket Joint
Public Agency and approving the issuance of not
to exceed $100,000,000 of the Agency's General
Obligation Facility Bonds.
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 OCTOBER ARE
THE 11TH AND 25TH.
ADJOURNMENT 8:49 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
***