City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 24, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
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-21 Appointing Sue Oldfield to the Human Rights
Commission to fill an unexpired three-year term
expiring December 31, 2012. (ADOPTED, 6-0; A-86211)
Attachment (76K)
2) Approving the City of Lincoln's Investment
Activity Report for the Fiscal Year 2009-2010.
(ADOPTED, 6-0; A-86212)
3) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
January 3, 2011. (PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of
Ordinances & Resolutions passed by Council on
January 10, 2011. (PLACED ON FILE)
5) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for December 2010.
(PLACED ON FILE)
6) Report from City Treasurer of Telecommunications
Occupation Tax for the period of : December 1,
2010 thru December 31, 2010. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
7) PLACED ON FILE IN THE CITY CLERK OFFICE:
Administrative Amendment No. 11001 to
Special Permit No. 1311, Sunrise Estates
Community Unit Plan, approved by the Planning
Director on January 4, 2011, requested by Gary
Floyd, to enlarge building envelope "C" on Lot
3, Block 2, on property located at N.
88th St. and Avon Lane.
Administrative Amendment No. 11003 to
Special Permit No. 1487, approved by the
Planning Director on January 12, 2011, requested
by F. John and Peggy Struwe, to rescind Special
Permit No. 1487 to allow a Bed and Breakfast, on
property located at 545 N. 25th St.
8) REFERRED TO PLANNING DEPARTMENT:
Special Permit 10037, requested by Emerald
Care Co., for a domiciliary care facility for up
to 48 beds on property located at S.
84th Street and Pioneers Boulevard.
9) Setting the Hearing Date of Monday, February 14,
2011 at 3:00 p.m. for the Application of Hawkins
Restaurant Group LLC dba Grateful Greens Gourmet
Salads for a Class I liquor license with
Catering located at 1451 O Street, Suite 200.
(ADOPTED, 6-0; A-86213)
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of John Noha dba JJ's Bar and Grill
for a Class I liquor license at 2310 North 1st
Street. (ADOPTED FOR APPROVAL, 6-0; A-86214)
12) Application of Nebraska BBQ Co. dba Skeeter
Barnes for the addition of a catering license to
its Class I liquor license at 5800 South 58th
Street.(ADOPTED FOR APPROVAL, 6-0; A-86215)
13) Application of Kali Records, LLC dba Smooth for
a Class CK liquor license at 1644 O Street.
(ADOPTED FOR DENIAL, 6-0; A-86216)
14) Manager application of Brandy L. Kroese for Kali
Records, LLC dba Smooth at 1644 O Street.
(ADOPTED FOR DENIAL, 6-0; A-86217)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 15 THRU 18 HAD 2ND READING)
15) 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)
16) 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)
17) 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)
18) 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)
PUBLIC HEARING - RESOLUTIONS
19) 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.
(ADOPTED, 6-0; A-86218)
Fact Sheet (109K)
Attachment (665K)
20) 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. (ADOPTED, 6-0; A-86219)
Fact Sheet (153K)
Attachment (1085K)
21) 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)). (ACTION DELAYED ONE WEEK
W/CONT. PUBLIC HEARING ON 1/31/11, 6-0)
Fact Sheet (13K)
Attachment (1450K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 22 THRU 28 HAD 1ST READING)
22) 11-10 Vacation 10017 - Vacating the remaining
portion of the east-west alley from
Centennial Mall to N. 16th Street between P
and Q Streets.
Fact Sheet (531K)
23) 11-11 Vacation 10018 - Vacating the north 15 feet
of L Street from the east right-of-way line
of S. 7th Street to a point 215 feet east
of such right-of-way line and vacating the
east 15 feet of S. 7th Street from a point
15 feet south of the north right-of-way
line of L Street to a point 10 feet north
of the south right-of-way line of M Street.
(Related Items: 11-11, 11R-28, 11R-29,
11R-30)
Fact Sheet (531K)
24) 11R-28 Approving an amendment to the FY 10/11 CIP to
authorize and appropriate $588,000.00 in TIF
funds for the Telesis/Dairy House Redevelopment
Project generally located between 7th and 8th, L
and M Streets. (Related Items: 11-11, 11R-28,
11R-29, 11R-30) Action Date: 2/7/11
Fact Sheet (132K)
25) 11-14 Authorizing the issuance of tax allocation bonds
with a total not to exceed $588,000.00 for the
City of Lincoln, Telesis/Dairy House
Redevelopment Project in Downtown Lincoln.
(Related Items: 11-11, 11R-28, 11R-29, 11R-
30) Action Date: 2/7/11
26) 11R-30 Approving the Telesis/Dairy House Project
Redevelopment Agreement between The Dairy House,
LLC and the City relating to the redevelopment
of property generally located on a portion of
Block 84, bounded by 7th and 8th, L and M
Streets. (Related Items: 11-11, 11R-28, 11R-
29, 11R-30) Action Date: 2/7/11
Fact Sheet (134K)
Attachment (183K)
27) 11-12 Amending Chapter 4.08 of the Lincoln
Municipal Code to revise, reorganize and
clarify jurisdiction and procedures of the
Citizen Police Advisory Board.
Fact Sheet (96K)
28) 11-13 Authorizing the execution and delivery of a
Loan Contract between the Nebraska
Department of Environmental Quality and the
City in connection with improvements to the
City's wastewater collection and treatment
system, Project No. C317830.
Attachment (1559K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 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. (PASSED, 6-0; #19487)
Fact Sheet (93K)
30) 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.
(PASSED, 6-0; #19488)
Fact Sheet (86K)
Attachment (147K)
31) 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. (PASSED, 6-0;
#19489)
Fact Sheet (170K)
Attachment (116K)
32) 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) ADOPTED, 6-0; A-86220)
Fact Sheet (19K)
Attachment (17K)
33) 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)(PASSED, 6-0; #19490)
Fact Sheet (791K)
34) 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.
(PASSED, 6-0; #19491)
Fact Sheet (94K)
Attachment (400K)
35) 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.(MTA #1, 6-0;
PASSED AS AMENDED, 6-0; #19492)
Fact Sheet (90K)
Motion To Amend (6K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
44) 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 31, 2011 AT 5:30 P.M.
(APPROVED, 6-0)
45) 11R-22 Approving the Press Box as a keno satellite site
at 5601 South 56th Street.
Fact Sheet (82K)
46) 11R-23 Approving an Amendment to the Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln on behalf of the Lincoln
Lancaster County Health department for the
Lincoln Metropolitan Medical Response System to
extend the term to May 30, 2011.
Fact Sheet (96K)
Attachment (448K)
47) 11R-24 Approving a Contract Agreement between the
City and Westover Rock & Sand, Inc. for the
annual requirements for Redball Diamond
Aggregate, pursuant to Quote No. 3243, for
a four year term.
Fact Sheet (65K)
Attachment (2092K)
48) 11R-25 Appointing Michele Tilley to the Urban Design
Committee for a term expiring February 1, 2013.
Attachment (90K)
49) 11R-26 Approving a Contract Agreement between the City
and Valmont Industries for the annual
requirements for Traffic Signal Mast Arms and
Poles, pursuant to Bid No. 10-254, for a four
year term.
Fact Sheet (129K)
Attachment (1840K)
50) 11R-27 Approving a Contract Agreement between the City,
Lancaster County, the Lincoln-Lancaster County
Public Building Commission and Nebraska Salt &
Grain Co. for the annual supply of Ice Melt,
pursuant to Quote 3225 for a four year term
effective upon execution by all the parties.
Fact Sheet (118K)
Attachment (1595K)
51) 11R-31 Approving a request to the City Audit Advisory
Board pursuant to Art. VIII, § 4 of the
City Charter and Chapter 4.66 of the Lincoln
Municipal Code to consider the appropriateness
and desirability of performing an independent
assessment of StarTran's service delivery model
and efficiency.
52) 11R-32 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 1 -
15, 2011.
Fact Sheet (14K)
Attachment (17K)
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 4:02 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