City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 31, 2011 AT 5:30 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-25 Appointing Michele Tilley to the Urban Design
Committee for a term expiring February 1, 2013.
(ADOPTED, 7-0; A-86221)
Attachment (90K)
PETITIONS & COMMUNICATIONS
2) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 04075B - Requested by
Olsson Associates for an amendment to the Village
Gardens Planned Unit Development to change the
zoning from AG Agricultural District to R-3
Residential District on approximately 46.62 acres
generally located at S. 63rd Street and Pine Lake
Road and for approval of an amended development
plan which proposes modifications to the Zoning
Ordinance and Land Subdivision Ordinance to allow
approximately 220 additional dwelling units and a
domiciliary care facility in the underlying R-3
zoned area.
Change of Zone No. 06063A - Requested by
North 47 Group, LLC. for an amendment to the North
Forty Plaza Planned Unit Development to install a
pole sign in the front yard setback of N. 84th
Street with a height of up to 18 feet tall and 100
square feet including an 80 square feet electronic
changeable message on property generally located
at N. 84th Street and Adams Street.
Change of Zone No. 11002 - Requested by
Olsson Associates from AG Agricultural District to
R-3 Residential District on property generally
located at S. 88th Street and Pioneers Boulevard.
Special Permit No. 1423J - Requested by
Olsson Associates for an amendment to the HiMark
Estates Community Unit Plan to add 23 residential
lots near S. 88th Street and Pioneers Boulevard
and to add 7 residential lots and a recreation
facility consisting of a golf course northeast of
the intersection of S. 88th Street and Old Cheney
Road, on property located generally between
Pioneers Blvd and Old Cheney Road at S. 84th
Street.
3) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 10067 to Use
Permit No. 56D approved by the Planning Director
on January 18, 2011 requested by Bill Barclay to
add a drive-thru to Building D and revise the Land
Use table on property generally located at N.
27th St. and Cornhusker Hwy.
Administrative Amendment No. 11002 to Use
Permit No. 29A approved by the Planning Director
on January 21, 2011 requested by Olsson Associates
to revise elements of the site plan relating to
parking and general notes on property generally
located at the northwest corner of S. 40th St. and
Old Cheney Road.
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5
THRU 11 HAD 2ND READING)
5) 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)
6) 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)
7) 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)
8) 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
Motion To Amend (346K)
9) 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)
Motion To Amend (6182K)
10) 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)
11) 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)
PUBLIC HEARING - RESOLUTIONS (SEE ITEM 18)
12) 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)).
(1/24/11 - P.H. con't. w/Action to 1/31/11)
(ADOPTED, 7-0; A-86222)
Fact Sheet (13K)
Attachment (1450K)
13) 11R-22 Approving the Press Box as a keno satellite site
at 5601 South 56th Street. (ADOPTED, 7-0; A-86223)
Fact Sheet (82K)
14) 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.
(ADOPTED, 7-0; A-86224)
Fact Sheet (96K)
Attachment (448K)
15) 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. (ADOPTED, 7-0; A-86225)
Fact Sheet (65K)
Attachment (2092K)
16) 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. (ADOPTED, 7-0; A-86226)
Fact Sheet (129K)
Attachment (1840K)
17) 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.
(ADOPTED, 7-0; A-86227)
Fact Sheet (118K)
Attachment (1595K)
18) 11R-31 Approving a request to the City Audit Advisory
Board pursuant to Art. VIII, § 4 Art. IV, § 8
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.
(MTA #1 ADOPTED, 7-0; ACTION DELAYED
ONE WEEK TO 2/7/11, 7-0)
19) 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. (ADOPTED, 7-0; A-86228)
Fact Sheet (14K)
Attachment (17K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 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.
(PASSED, 7-0; #19493)
Fact Sheet (102K)
Attachment (146K)
21) 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. (PASSED, 7-0; #19494)
Fact Sheet (98K)
Attachment (359K)
22) 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. (PASSED, 7-0; #19495)
Fact Sheet (567K)
23) 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. (ADOPTED, 7-0;
A-86229)
Fact Sheet (651K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
24) 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)
25) 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)
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)
Fact Sheet (1367K)
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)
32) 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, FEBRUARY 7, 2011 AT 3:00 P.M.
(APPROVED, 7-0)
33) 11R-33 Approving Amendment No. 2 to the Management
Agreement for City of Lincoln Parking Facilities
with Republic Parking System, Inc. to include
on-street citation payment processing duties.
Fact Sheet (18K)
Attachment (44K)
34) 11R-34 Approving two Contract Agreements between the City
and Alamar Uniforms and Lawmen's & Shooter's
Supply Inc. for the annual supply of Fireman
Uniforms for four-year terms effective upon
execution by both parties.
Fact Sheet (169K)
Attachment (12243K)
35) 11R-35 Approving the Intent to Create the South Street
Business Improvement District in the area of South
Street from the alley west of 9th Street east to
19th Street.
Fact Sheet (132K)
Attachment (1503K)
36) 11R-36 Approving The N Zone/Catering Zone as a keno
satellite site at 728 1/2 Q Street.
Fact Sheet (77K)
37) 11R-37 Approving Luckies Lounge and Grill as a keno
satellite site at 1101 West Bond Street.
Fact Sheet (77K)
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 6:55 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