City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 28, 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) Clerk's Letter and Mayor's Approval of
Ordinances and Resolutions passed by Council on
February 7, 2011. (PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Ordinances and Resolutions passed by Council on
February14, 2011. (PLACED ON FILE)
3) Report from City Treasurer of E911 Occupation
Tax for the months July- Sept., 2010: TWC
Digital Phone; October - December, 2010:
Airespring, Inc.; October, 2010: Budget
Prepay, AT&T of Midwest, ACN, 8x8, Granite,
Level 3, Qwest, TWC Digital, Charter Fiberlink-
NE; November, 2010: iNetworks, AT&T of
Midwest, ACN, Budget Prepay, Vonage America,
Level 3, TWC Digital, Granite, Qwest, 8x8,
Charter Fiberlink-NE; December, 2011:
8x8, TWC Digital, Level 3, Qwest, ACN, AT&T of
Midwest, Budget Prepay, Vonage, iNetworks.
(PLACED ON FILE)
4) Report from City Treasurer of Franchise Tax for
the month of November & December, 2010 from
Black Hills/Nebraska Gas Utility Co., LLC.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) PLACED ON FILE IN THE CITY CLERK OFFICE:
Waiver No. 10030 to Administrative Final Plat
No. 02061, approved by the Planning Director
on February 10, 2011, requested by Dial-Salt
Creek, LP., to extend the time for two years to
install paving and removal of temporary
turnaround for Salt Creek Center 1st
Addition. The improvements shall be completed
by February 10, 2013. Property is generally
located south of Interstate 80 at N.
27th St. and Husker Circle.
6) REFERRED TO THE PLANNING DEPT.:
CHANGE OF ZONE NO. 11005, requested by Bob
Stephens, from R-2 Residential District to R-4
Residential District, on property generally
located at SW 8th Street and Hanneman Drive.
SPECIAL PERMIT NO. 1733D, requested by Bob
Stephens, for an amendment to the Muff
3rd ddition Community Unit Plan, to
expand the limits of the Community Unit Plan by
approximately 5.29 acres, more or less, on
property generally located at SW 8th Street
and Hanneman Drive. The Planning
Commission action is final action, unless
appealed to the City Council.
SPECIAL PERMIT NO. 11001, HiMark East,
requested by Olsson Associates, for a Community
Unit Plan and a recreation facility consisting
of up to approximately 5 single family acreage
lots and a 9 hole golf course with a pro shop
and on-sale alcohol, on property generally
located at S. 98th Street and Old Cheney Road.
The Planning Commission action is final action,
unless appealed to the City Council.
SPECIAL PERMIT NO. 11002, requested by Steve
Fulton, for expansion of a non-conforming use,
to build an addition to the residence and
rebuild an existing garage within the side yard
setback, on property generally located at S.
25th Street and Woodsdale Boulevard (3130 S. 25th
Street). The Planning Commission action is final
action, unless appealed to the City Council.
SPECIAL PERMIT NO. 11003, requested by the
Director of Planning on behalf of the City of
Lincoln, to construct an approximately 165 foot
tall broadcast tower, on property generally
located at N. 70th Street and Cuming Street.
The Planning Commission action is final
action, unless appealed to the City Council.
7) Setting the Hearing Date of Monday, March
7, 2011 at 3:00 p.m. for the Application of
Grayson, Inc. dba 501 West Lincoln Bar &
Grill for a Class I liquor license located
at 501 West A Street. (ADOPTED, 7-0; A-86245)
8) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Two Twins Inc. dba Two Twins Caf‚
for a Class C liquor license at 333 North Cotner
Blvd. #1. (ADOPTED, 7-0; A-86246)
10) Manager application of Denise A. Korinek for Two
Twins Inc. dba Two Twins Caf‚ at 333 North
Cotner Blvd. #1.(ADOPTED, 7-0;A-86247)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 11 HAD 2ND READING)
11) 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)
PUBLIC HEARING - RESOLUTIONS
12) 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. (ADOPTED, 7-0; A-86248)
Fact Sheet (140K)
Attachment (425K)
13) 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.(ADOPTED, 7-0;A-86249)
Fact Sheet (86K)
Attachment (238K)
14) 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.
(ADOPTED, 7-0;A-86250)
Fact Sheet (137K)
Attachment (5326K)
15) 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.
(ADOPTED, 7-0; A-86251)
Fact Sheet (119K)
Attachment (4080K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 16 THRU 22 HAD 1ST READING; SEE ITEM 21)
16) 11-20 Annexation No. 11001 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 47 acres of land generally
located at South 63rd Street and Pine Lake
Road. (Related Items: 11-20, 11-21)
Fact Sheet (640K)
Attachment (480K)
17) 11-21 Change of Zone No. 04075B - Application of
Village Gardens Development Company LLC for
a change of zone from AG Agricultural
District to R-3 Residential District on
approximately 47 acres of land generally
located at South 63rd Street and Pine Lake
Road and approving an amended development
plan which includes 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. (Related Items: 11-20, 11-21)
Fact Sheet (3216K)
18) 11-22 Change of Zone No. 06063A - Application of
North 47 Group, LLC to amend the North
Forty Plaza Planned Unit Development to
allow a pole sign in the front yard setback
of North 84th Street, with a height of up
to 18 feet tall and an area of 100 square
feet, including an 80 square foot
electronic changeable message board, on
property generally located at North 84th
Street and Adams Street.
Fact Sheet (1612K)
19) 11-23 Vacation No. 10004 - Vacating Sumner Street
from Jefferson Street to Memorial Drive,
generally located on the west side of
Antelope Park east of Jefferson Avenue and
south of Garfield Street.
Fact Sheet (396K)
20) 11-24 Amending Chapter 8.32 of the Lincoln
Municipal Code relating to Solid Wastes by
amending Section 8.32.060 to delete
language setting forth the hours of
operation of public sanitary landfills;
amending Section 8.32.070 relating to
prohibited activities in sanitary landfills
to reference the change to 8.32.060
regarding the hours of operation and
repealing Sections 8.32.060 and 8.32.070 of
the Lincoln Municipal Code as hitherto
existing.
Fact Sheet (53K)
21) 11-25 Applying an Adoption Agreement relating to
the retirement plan for Unclassified Department
Heads pursuant to Article II, Section 3 of the
Charter of the City of Lincoln to provide that
the employer contributions shall be 9% of an
employee's compensation and to provide that employee
contribution shall be 7% of the employee's compensation
for employees hired on or after April 1, 2011.
(PLACED ON PENDING FOR 2 WKS. W/1ST READING ON
3/14/11 & PUBLIC HEARING ON 3/21/11, 6-1; CAMP, COOK,
EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; CARROLL DISSENTING)
Fact Sheet (105K)
Attachment (1621K)
22) 11-26 Adopting Amendment No. 1 to the City of Lincoln
Retirement Plan to provide 9% employer contributions
and 7% employee contributions for employees in positions
and pay ranges prefixed by "E" and "X" hired on or after
April 1, 2011.
Fact Sheet (90K)
Attachment (117K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 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)(ADOPTED, 7-0; A-86252)
Attachment (191K)
24) 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)(PASSED, 7-0; #19501)
Fact Sheet (467K)
25) 11-16 Adopting the supplements to the Lincoln
Municipal Code dated June 2010 and December
2010 as part of the official Lincoln
Municipal Code.(PASSED, 7-0; #19502)
Fact Sheet (15K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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, MARCH 7, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
35) 11R-46 Appointing Karen Nalow to the Capital Environs
Commission for term expiring January 9, 2014.
Attachment (33K)
36) 11R-48 Reappointing Patrick E. Beans to the Lincoln
Electric System Administrative Board for a term
expiring January 1, 2014.
Attachment (107K)
37) 11R-49 Appointing Cathy Beecham to the Lincoln Electric
System Administrative Board for a term expiring
January 1, 2014.
Attachment (85K)
38) 11R-50 Appointing Janette Robb to the Veterans Memorial
Garden Advisory Council for a term expiring
November 1, 2012.
Attachment (341K)
39) 11R-54 Reappointing Jim Mastera to the Audit Advisory
Board for a term expiring March 2, 2014.
40) 11R-47 Approving a Contract Agreement between the City
and Jackson Services, Inc. for the annual
requirements for StarTran Uniform Rental,
pursuant to Bid No. 11-018, for a two year term.
Fact Sheet (139K)
Attachment (2064K)
41) 11R-53 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 1 -
15, 2011.
Fact Sheet (14K)
Attachment (18K)
42) 11R-51 Approving the naming of the new trail center in
Union Plaza generally located at the southeast
corner of 21st and R Streets as the Jayne Snyder
Trail Center.
Fact Sheet (134K)
43) 11R-52 Approving the naming of the green located south
of Sheridan Blvd. between West Summit Blvd. and
East Summit Blvd. as the Jan Pitsch Green.
Fact Sheet (116K)
44) 11R-40 Approving a request to the City Audit Advisory
Board, pursuant to Art. IV, § 8 of the
Lincoln Charter and Chapter 4.66 of the Lincoln
Municipal Code to consider the appropriateness
and desirability of performing an independent
assessment of the performance of the Department
of Public Works and Utilities, excluding the
Lincoln Water System and the Lincoln Wastewater
and Solid Waste Division.
Fact Sheet (105K)
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
S AGENDA, AND NOT PLANNED TO APPEAR ON A FUTURE AGENDA, MAY
SO AT THE OPEN MICROPHONE SESSION. THE OPEN
ROPHONE SESSIONS DURING THE MONTH OF FEBRUARY ARE THE
H AND 28TH.
ADJOURNMENT 5:54 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