City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 7, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE PRESENTED TO
DANIEL KING, ENVIRONMENTAL HEALTH SPECIALIST I
FOR THE THE ENVIRONMENTAL PUBLIC HEALTH DIVISION
OF THE HEALTH DEPARTMENT
IN THE CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY
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) Request of Public Works to set a Public Hearing date
of Monday, March 28, 2011, at 5:30 p.m. and place on
the formal City Council Agenda the following:
11-19 To provide authority to create & order
constructed under Special Assessment
District a Re-paving District in North 63rd
Street from approximately 150 feet south of
Gladstone Street to Fremont Street, and to
assess the costs thereof against the
benefitted properties. (APPROVED, 7-0)
2) 11R-46 Appointing Karen Nalow to the Capital Environs
Commission for term expiring January 9, 2014.
(ADOPTED, 7-0; A-86253)
Attachment (33K)
3) 11R-48 Reappointing Patrick E. Beans to the Lincoln
Electric System Administrative Board for a term
expiring January 1, 2014. (ADOPTED, 7-0; A-86254)
Attachment (107K)
4) 11R-49 Appointing Cathy Beecham to the Lincoln Electric
System Administrative Board for a term expiring
January 1, 2014. (ADOPTED, 7-0; A-86255)
Attachment (85K)
5) 11R-50 Appointing Janette Robb to the Veterans Memorial
Garden Advisory Council for a term expiring
November 1, 2012. (ADOPTED, 7-0; A-86256)
Attachment (341K)
6) 11R-54 Reappointing Jim Mastera to the Audit Advisory
Board for a term expiring March 2, 2014.
(ADOPTED, 7-0; A-86257)
7) Report from City Treasurer of City Cash on hand
at the close of business January 31, 2011.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11004 to Use
Permit No. 74A Briarpark Plaza approved by the
Planning Director on February 23, 2011 requested
by Jeff Luthy to reflect that Lot 2 could be
used for commercial purposes and not limited to
beauty salon or office uses and to reflect the
new proposed lot line on property generally
located at S. 48th St. and Old Cheney Road.
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
10) Application of Grayson Inc. dba 501 West Lincoln
Bar and Grill for a Class I liquor license at
501 West A Street. (ADOPTED FOR DENIAL, 7-0;
A-86258)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 11
THRU 16 HAD 2ND READING)
11) 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)
12) 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)
13) 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)
14) 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)
15) 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)
16) 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)
PUBLIC HEARING - RESOLUTIONS (SEE ITEM 21)
17) 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.
(ADOPTED, 7-0; A-86259)
Fact Sheet (139K)
Attachment (2064K)
18) 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. (ADOPTED, 7-0; A-86260)
Fact Sheet (14K)
Attachment (18K)
19) 11R-51 Approving the naming of the new trail center in
Union Plaza generally located at the southeast
corner of 21st and Q Streets as the Jayne Snyder
Trail Center. (ADOPTED, 6-0; SNYDER ABSTAINING;
A-86261)
Fact Sheet (134K)
20) 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.
(ADOPTED, 7-0; A-86262)
Fact Sheet (116K)
21) 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. (P.H. W/ACTION DELAYED
ONE WEEK TO 3/14/11, 7-0)
Fact Sheet (105K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
& 23 HAD 1ST READING)
22) 11-27 Authorizing the issuance of not to exceed
$2,800,000.00 City of Lincoln, Nebraska
North Haymarket Hotel Phase II
Redevelopment Project tax allocation bonds.
(ITEMS 22 & 23 HAD 1ST READING)
(Related Items: 11-27, 11R-55) (Request
2nd, 3rd Readings on 3/14/11)
23) 11R-55 Approving the North Haymarket Hotel Phase II
Redevelopment Agreement between Block 21, LLC
and the City relating to the redevelopment of
property generally located at 8th and R
Streets. (Related Items: 11-27, 11R-55)
Fact Sheet (28K)
Attachment (2698K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
24) 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. (MTA #1 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19503)
Fact Sheet (136K)
Attachment (221K)
PENDING LIST - DATE CERTAIN
25) 11-25 Approving 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. (2/28/11 - To have
1st Reading in 2 wks. on 3/14/11;
P.H. on 3/21/11)
Fact Sheet (105K)
Attachment (1621K)
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 14, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
35) 11R-58 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 16 -
28, 2011.
Fact Sheet (14K)
Attachment (21K)
36) 11R-56 Appointing Emmert "Bud" Krauel to the South
Street Business Improvement District to fill an
unexpired three-year term expiring August 31,
2012.
Fact Sheet (18K)
37) 11R-57 Approving an Agreement between the Lincoln-
Lancaster County Health Department and the
Nebraska Department of Health and Human Services
for access to the Electronic Registration
System, Vital Statistics, for a period of
January 1, 2011 through December 31, 2015.
Fact Sheet (90K)
Attachment (1199K)
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 MARCH ARE THE
14TH AND 28TH.
ADJOURNMENT 3:52 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