City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 10, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF JANUARY 17TH
MARTIN LUTHER KING DAY OBSERVED
MAYOR'S AWARD OF EXCELLENCE FOR DECEMBER 2010 WAS PRESENTED
TO JAMES NEWMAN, ENVIRONMENTAL HEALTH SPECIALIST II, FOR
THE ENVIRONMENTAL PUBLIC HEALTH DIVISION OF THE HEALTH DEPARTMENT IN
THE CATEGORIES OF CUSTOMER RELATIONS, PRODUCTIVITY AND SAFETY
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) 11R-2 Appointing Craig Gies to the Building Code
Board of Appeals for a term expiring April
1, 2013. (ADOPTED, 7-0; A-86193)
Attachment (60K)
2) 11R-3 Appointing Gill Peace to the Urban Design
Committee for a term to expiring February
1, 2014. (ADOPTED, 7-0; A-86194)
Attachment (64K)
3) 11R-4 Reappointing Lynn Sunderman and Tim Francis
to the Board of Zoning Appeals for a term
expiring February 1, 2016.
(ADOPTED, 7-0; A-86195)
4) 11R-5 Reappointing Scott Sullivan and Michelle
Penn to the Urban Design Committee for
terms expiring February 1, 2014.
(ADOPTED, 7-0; A-86196)
5) 11R-9 Reappointing Jon Camp to the District
Energy Corporation for a term expiring
December 31, 2012.
(ADOPTED, 7-0; A-86197)
PETITIONS & COMMUNICATIONS
6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10006 to Use
Permit No. 125, The Preserve on Antelope Creek,
approved by the Planning Director on December
23, 2010 requested by Manzitto, Inc. to modify
General Notes #19 and #25 to address shared
parking for a garden center to be located on
property generally located at Lucile Dr. and
Pioneers Blvd.
Waiver No. 10019 to 6th and H Addition,
approved by the Planning Director on December
30, 2010 requested by TMCO Investments to extend
the time for two years to install sidewalks on
the west side of S. 6th Street and the south
side of J Street. Said improvements to be
completed by December 30, 2012 or prior to
occupancy. Property is generally located at 6th
St. and H Street.
Waiver No. 10023 to Pioneer Business Park
1st Addition, approved by the Planning Director
on December 30, 2010 requested by Pioneer
Business Park, LLC. to extend the time for two
years to install sidewalks for Pioneer Business
Park 1st Addition. Said improvements to be
completed by December 30, 2012 or prior to
occupancy. Property is generally located at S.
6th St. and Lowell Street.
Waiver No. 10024 to Pioneer Business Park
Addition, approved by the Planning Director on
December 30, 2010 requested by Pioneer Business
Park, LLC. to extend the time for two years to
install sidewalks for Pioneer Business Park
Addition. Said improvements to be completed by
December 30, 2012 or prior to occupancy.
Property is generally located at S. 6th St. and
Calvert Street.
7) Setting the hearing date of Monday, January 24,
2011 at 3:00 p.m. for the application of
Nebraska BBQ Co. dba Skeeter Barnes for the
addition of a catering license to its Class I
liquor license located at 5800 S. 58th Street.
(ADOPTED, 7-0; A-86198)
8) Setting the hearing date of Monday, January 24,
2011 at 3:00 p.m. for the application of Kali
Records, LLC dba Smooth for a Class CK liquor
license located at 1644 O Street.
(ADOPTED, 7-0; A-86199)
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
10) Application of Will-Mack LLC dba Hour Lounge for
a Class C liquor license at 101 North 14th
Street, #6. (ADOPTED FOR APPROVAL, 7-0; A-86200)
11) Manager application of Heath A. Macomber for
Will-Mack LLC dba Hour Lounge at 101 North 14th
Street, #6. (ADOPTED FOR APPROVAL, 7-0; A-86201)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 12
THRU 18 HAD 2ND READING)
12) 11-3 Authorizing and providing for the issuance
of not to exceed $8,200,000 aggregate
principal amount of general obligation
storm water bonds of the City of Lincoln,
Nebraska.
Fact Sheet (93K)
13) 11-1 Amending Section 1 of Ordinance No. 18967
relating to the pay schedule and schedule
of pay ranges for employees whose
classifications are assigned to a pay range
prefixed by the letter "A" by creating the
classification of Forestry Supervisor.
Fact Sheet (86K)
Attachment (147K)
14) 11-2 Approving the lease agreement between the
City and Jamie Sylvester, Slick Graphix,
for the lease of office space by Aging
Partners for its Personal & Family Services
program located at 370 N. 5th Street, David
City, Nebraska for a term of March 1, 2011
through February 28, 2012.
Fact Sheet (170K)
Attachment (116K)
15) 11R-10 Approving the S.W. 56th and W. Van Dorn Street
Conditional Zoning Agreement between the Ruth M.
Borchers Trust and the City of Lincoln regarding
a change of zone from AG Agricultural District
to AGR Agricultural Residential District to
allow acreage development subject to a build
through plan for future urbanization on property
generally located at S.W. 56th Street and W. Van
Dorn Street. (Related Items: 11R-10, 11-4)
Action Date: 1/24/11)
Fact Sheet (19K)
Attachment (17K)
16) 11-4 Change of Zone 10021 - Application of the
Ruth M. Borchers Trust for a change of zone
from AG Agricultural District to AGR
Agricultural Residential District on
property generally located at the northeast
corner of S.W. 56th Street and W. Van Dorn
Street. (Related Items: 11R-10, 11-4)
Action Date: 1/24/11)
Fact Sheet (791K)
17) 11-5 Approving a Lease Agreement between the
City of Lincoln d/b/a Lincoln City
Libraries and the Foundation for Lincoln
City Libraries for the lease of office
space by the Foundation at Bennett Martin
Library for a term commencing on January 1,
2011 and terminating on December 31, 2020.
Fact Sheet (94K)
Attachment (400K)
18) 11-6 Amending Chapter 10.06 of the Lincoln
Municipal Code relating to the
Administration and Enforcement of Vehicles
and Traffic regulations to repeal Section
10.06.090 establishing the Violations
Bureau, and amending Sections 10.06.100,
10.06.110, 10.06.120, and 10.06.140 to
transfer the responsibility of the
Violations Bureau including the collection
and associated accounting of parking
tickets to the Parking Service Division of
the Urban Development Department and to
provide for an administrative hearing
process and an appeal.
Fact Sheet (90K)
PUBLIC HEARING - RESOLUTIONS
19) 11R-12 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2010. (ADOPTED, 7-0; A-86202)
Fact Sheet (14K)
Attachment (19K)
20) 11R-14 Approving a Contract Agreement between the City
and IDEXX Laboratories, Inc. for the annual
supply of Analytical Testing Supplies and
Chemicals for a term effective upon execution by
both parties through September 21, 2013.
(ADOPTED, 7-0; A-86203)
Fact Sheet (127K)
Attachment (644K)
21) 11R-15 Approving a Contract Agreement between the City
and Alamar Uniforms for the annual requirements
for Work Clothing, Pursuant to Bid No. 10-208,
for a four-year term. (ADOPTED, 7-0; A-86204)
Fact Sheet (126K)
Attachment (246K)
22) 11R-1 Approving an agreement between the City of
Lincoln on behalf of the Lincoln-Lancaster
County Health Department and Nebraska
Wesleyan University Department of Nursing
to provide clinical training for Nebraska
Wesleyan's public health nursing students
at the Health Department for a term of
January 1, 2011 through June 30, 2014.
(ADOPTED, 7-0; A-86205)
Fact Sheet (87K)
Attachment (765K)
23) 11R-6 Approving Amendment No. 2 to The Woodlands
at Yankee Hill Conditional Annexation and
Zoning Agreement between 3AP-SE, LLC,
Midwest Net Lease Investors-SE, LLC, R.C.
Krueger Development Company, Krueger
Holding Company and Calruby, LLC and the
City of Lincoln to change the location and
to defer the dedication of the parkland
relating to the annexation of property
generally located southeast of the
intersection of South 70th Street and
Yankee Hill Road. (ADOPTED, 7-0; A-86206)
Attachment (401K)
24) 11R-7 Re-adopting the Water System Impact Fee
Schedule, Water Distribution Impact Fee
Schedule, Wastewater Impact Fee Schedule,
Arterial Street Impact Fee Schedule, and
Neighborhood Park and Trail Impact Fee
Schedule without any adjustment for
inflation for 2011. (ADOPTED, 7-0; A-86207)
Fact Sheet (100K)
25) 11R-8 Adopting the Revision and Restatement of
the Section 457(b) governmental deferred
compensation plan administered by
Ameritas/UNIFI. (ADOPTED, 7-0; A-86208)
Fact Sheet (99K)
Attachment (6854K)
26) 11R-11 Approving an Amended and Restated Joint Public
Agency Agreement of the West Haymarket Joint
Public Agency between the City of Lincoln and
the Board of Regents of the University of
Nebraska to define the West Haymarket
Redevelopment Area boundaries.
(ADOPTED, 7-0; A-86209)
Attachment (8853K)
27) 11R-13 A resolution supporting introduction of
legislation by the Nebraska State Legislature
for improvements and reform of the Commission of
Industrial Relations procedures, policies and
adjudication of industrial disputes involving
employees of municipal governments.
(ADOPTED, 7-0; A-86210)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 28
THRU 31 HAD 1ST READING)
28) 11-7 Approving an Amendment to Sublease
Agreement between the City of Lincoln and
Experience Works for job training and
employment services under the Workforce
Investment Act to amend the area leased and
rental amount of office space located at
1010 N Street for a term of December 1,
2010 through June 1, 2011.
Fact Sheet (102K)
Attachment (146K)
29) 11-8 Approving a Sublease Agreement between the
City of Lincoln and Goodwill Industries for
job training and employment services under
the Workforce Investment Act for office
space located at 1010 N Street for a term
of January 1, 2011 through December 31,
2012.
Fact Sheet (98K)
Attachment (359K)
30) 11-9 Change of Zone 10025 - Application of
Compensation Programs, Inc. for a change of
zone from R-2 Residential District to R-T
Residential Transition District on property
generally located at the southeast corner
of North Cotner Boulevard and Y Street.
(Related Items: 11-9, 11R-16) Action
Date: 1/31/2011
Fact Sheet (567K)
31) 11R-16 Use Permit 10001 - Application of Compensation
Programs, Inc. to develop an approximately 3,100
sq. ft. office building, with a request to waive
the required setback for parking lots, including
driveways adjacent to a residential district,
from 20 feet to 10 feet, on property generally
located at the southeast corner of North Cotner
Boulevard and Y Street. (Related Items: 11-9,
11R-16) Action Date: 1/31/2011
Fact Sheet (651K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
32) 10-157 Change of Zone 10022 - Amending Title 27 of the
Lincoln Municipal Code relating to Zoning by
amending Sections 27.52.010, 27.52.020,
27.53.010, and 27.53.020 to adopt the February
18, 2011 Flood Insurance Rate Map (FIRM) and the
Flood Insurance Study (FIS) as required by the
Federal Emergency Management Agency. (Related
Items: 10-157, 10-158) (PASSED, 7-0; #19485)
Fact Sheet (1528K)
33) 10-158 Misc. 10010 - Amending Title 26 of the Lincoln
Municipal Code relating to Land Subdivision by
amending Sections 26.24.010 and 26.25.010 to
adopt the February 18, 2011 Flood Insurance Rate
Map (FIRM) as required by the Federal Emergency
Management Agency. (Related Items: 10-157,
10-158) (PASSED, 7-0; #19486)
Fact Sheet (1524K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
Fact Sheet (1367K)
40) 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)
41) 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)
42) 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, JANUARY 24, 2011 AT 3:00 P.M.
(APPROVED, 7-0)
43) 11R-17 Approving a Pioneer Consortium Joint Entity
Agreement among the Cities of Lincoln, Grand
Island, Holdrege, and St. Paul and their
respective library boards, to create a joint
entity for the purpose of planning and using an
open source integrated library system.
Fact Sheet (109K)
Attachment (665K)
44) 11R-18 Approving Service Agreements between the City of
Lincoln and the Board of Regents of the
University of Nebraska on behalf of the College
of Nursing and the City of Lincoln and Bryan LGH
School of Nursing to provide clinical training
for public health students at Easterday
Recreation Center for terms of January 1, 2011
through December 13, 2013.
Fact Sheet (153K)
Attachment (1085K)
45) 11R-20 Approving a Funding Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Surface Transportation Program Funds for
preliminary engineering, right-of-way
acquisition, non-betterment utility
rehabilitations, construction and construction
engineering of the South 56th Street, Shadow
Pines Drive to Old Cheney Road Project (Project
No. LCLC-5241(5)).
Fact Sheet (13K)
Attachment (1450K)
46) 11R-21 Appointing Sue Oldfield to the Human Rights
Commission to fill an unexpired three-year term
expiring December 31, 2012.
Attachment (76K)
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 JANUARY ARE
THE 10TH AND 31ST.
ADJOURNMENT 4:22 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