City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 14, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT EMERY
THERE WILL BE NO COUNCIL MEETING THE WEEK OF FEBRUARY 21
PRESIDENTS' DAY OBSERVED
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) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on January 31, 2011. (PLACED ON FILE)
2) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
December 31, 2010. (ADOPTED, 6-0; A-86239)
PETITIONS & COMMUNICATIONS
3) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of January,
2011. (PLACED ON FILE)
4) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 11003 - Requested by
the Director of Planning amending Title 27 of
the Lincoln Municipal Code relating to Zoning by
adding a new section numbered 27.03.161 to
provide a definition for "Commercial Wind Energy
Conversion System/Turbine (CWECS)"; amending
Section 27.07.040 to allow CWECS in the AG
Agriculture District as a special permitted use
and providing conditions of approval; amending
Chapter 27.63 of the Lincoln Municipal Code by
adding a new section numbered 27.63.425 to
provide conditions for granting a special permit
to allow a CWECS in the AG Agriculture District,
and repealing Section 27.07.040 of the Lincoln
Municipal Code as hitherto existing.
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Waiver No. 10026 to Final Plat No. 02005
approved by the Planning Director on February 7,
2011 requested by Engineering Design
Consultants, LLC to extend the time for two
years to install landscape screen, private
ornamental lighting, private sanitary sewer,
permanent monuments, sidewalks, street name
signs, street paving and street trees for I-80
Business Park Addition. The improvements shall
be completed by February 7, 2013. Sidewalks
must still be completed on any lot prior to
occupancy as part of a building permit.
Property is generally located at NW 27th Street
and West O Street.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of JASF, Inc. dba Dawghouse Bar &
Grill for a Class C liquor license at 2050
Cornhusker Highway. (ADOPTED FOR APPROVAL, 6-0;
A-86240)
8) Manager application of Amy S. Shaffer for JASF,
Inc. dba Dawghouse Bar & Grill at 2050
Cornhusker Highway. (ADOPTED FOR APPROVAL, 6-0;
A-86241)
9) Application of Hawkins Restaurant Group, LLC dba
Grateful Greens Gourmet Chopped Salads for a
Class IK liquor license at 1451 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-86242)
10) Manager application of James W. Larson for
Hawkins Restaurant Group, LLC dba Grateful
Greens Gourmet Chopped Salads at 1451 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-86243)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 11
THRU 13 HAD 2ND READING)
11) 11R-41 Approving Amendment No. 1 to the Northbank
Junction Conditional Annexation and Zoning
Agreement between Roger H. Schwisow, Eldonna
Schwisow, Hartland Homes Inc. and the City of
Lincoln to amend the terms of the Agreement with
respect to development of property generally
located at North 56th Street and Alvo Road prior
to the preparation and submittal of a traffic
study. (Related Items: 11R-41, 11-15) (Action
Date: 2/28/11)
Attachment (191K)
12) 11-15 Change of Zone 10027 - Application of
Hartland Homes for a change of zone from AG
Agricultural District to H-4 General
Commercial District on property generally
located at North 54th Street and Alvo Road.
(Related Items: 11R-41, 11-15) (Action
Date: 2/28/11)
Fact Sheet (467K)
13) 11-16 Adopting the supplements to the Lincoln
Municipal Code dated June 2010 and December
2010 as part of the official Lincoln
Municipal Code.
Fact Sheet (15K)
PUBLIC HEARING - RESOLUTIONS
14) 11R-39 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 16 -
31, 2011. (ADOPTED, 6-0; A-86244)
Fact Sheet (14K)
Attachment (18K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEM 15
HAD 1ST READING)
15) 11-17 Creating a Business Improvement District
for the maintenance, repair and
reconstruction of certain public facilities
and improvements within the area of South
Street from the alley west of 9th Street
east to 19th Street and providing for
special assessments to be imposed within
the district.
Fact Sheet (136K)
Attachment (221K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED TWO WEEKS)
16) 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)
17) 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)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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 28, 2011 AT 5:30 P.M.
(APPROVED, 6-0)
25) 11R-42 Assessing expense incurred by the City for
demolition and removal of a dangerous building
against the property generally located at 1237
North 21st Street.
Fact Sheet (140K)
Attachment (425K)
26) 11R-43 Approving a License Agreement between the City
of Lincoln and B&J Partnership, Ltd. to modify
and extend the temporary lease of space at 531
Westgate Boulevard by the Public Works &
Utilities Department for its Engineering
Services Test Lab.
Fact Sheet (86K)
Attachment (238K)
27) 11R-44 Approving a Contract Agreement between the City,
Lancaster County and Physician Sales & Service
for the annual supply of Medical Equipment and
Supplies to be used by various City departments,
pursuant to Bid No. 10-220, for a four year term
effective upon execution by all the parties.
The estimated one year cost is $155,508.62
($622,034.48 for four years) with 70% being used
by the City ($108,856.04 per year) and the
remaining 30% being used by the County.
Fact Sheet (137K)
Attachment (5326K)
28) 11R-45 Approving a Contract Agreement between the City,
Lancaster County and Life-Assist for the annual
supply of Medical Equipment and Supplies to be
used by various City departments, pursuant to
Bid No. 10-220, for a four year term effective
upon execution by all the parties. The
estimated one year cost is $26,187.00
($104,748.00 for four years) with 70% being used
by the City ($18,330.90 per year) and the
remaining 30% being used by the County.
Fact Sheet (119K)
Attachment (4080K)
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 FEBRUARY ARE
THE 14TH AND 28TH.
ADJOURNMENT 3:20 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.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov