City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 14, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF FEBRUARY 2011
IS SARAH NEUJAHR, ANIMAL CONTROL DISPATCHER, FOR THE CATEGORY
OF CUSTOMER RELATIONS, LOSS PREVENTION & 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, April 11, 2011, at 3:00 p.m. and place on the
formal City Council Agenda the following:
11-18 To provide authority to create and order
constructed a special assessment district for
a 6-inch water main in NW 19th
Street, W Q Street to W S Street, and to
assess the cost thereof against the
benefitted properties.(APPROVED, 7-0)
2) 11R-56 Appointing Emmert "Bud" Krauel to the South Street
Business Improvement District to fill an unexpired
three-year term expiring August 31, 2012.
(ADOPTED, 7-0; A-86263)
Fact Sheet (18K)
3) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on February 28,
2011. (PLACED ON FILE)
4) Approving the distribution of funds representing
interest earning on short-term investments of Idle
Funds during the month ended January 31, 2011.
(ADOPTED, 7-0; A-86264)
PETITIONS & COMMUNICATIONS
5) Request of Joe Hampton, Hampton Enterprises, Inc.
to amend Special Assessment Paving District 2630
in Glynoaks Subdivision. (REFERRED TO PUBLIC WORKS
DEPARTMENT 3/7/2011)
6) REFERRED TO PLANNING DEPARTMENT:
CHANGE OF ZONE NO. 11006, requested by
Olsson Associates, from R-2 Residential
District to B-3 Commercial District, on
property generally located at S. 33rd Street
and A Street.
CHANGE OF ZONE NO. 11007, requested by the
Director of Planning, amending Chapter 27.80 of
the Lincoln Municipal Code relating to fees by
amending Section 27.80.010 to require a person
requesting a zoning action confirmation letter
under Title 27 of the Lincoln Municipal Code to
pay an appropriate fee therefor as established by
resolution of the City Council.
7) PLACED ON FILE IN THE CITY CLERK'S OFFICE:
Administrative Amendment No. 11005 to Change
of Zone No. 10054A, Prairie Village North Planned
Unit Development, approved by the Planning
Director on March 1, 2011, requested by Prairie
Village North, LLC, to reduce the rear yard
setback to 5 feet for decks on Lots 11-18, 35-44
and 59-76, all in Block 4. These lots are all
adjacent to open space in outlots that are
generally 15 feet wide. Property is generally
located at N. 90th St. and Adams St.
Administrative Amendment No. 11007 to Special
Permit No. 1978, Stone Ridge Estates Community
Unit Plan, approved by the Planning Director on
March 4, 2011, requested by Stone Ridge Estates,
LLC, to remove the requirement that accessory
buildings be shown on the site plan, on property
generally located at S. 27th St. and
Yankee Hill Rd.
Administrative Amendment No. 11008 to Special
Permit No. 1654B, Pine Lake Heights 1st
Addition Community Unit Plan, approved by the
Planning Director on March 4, 2011, requested by
Pine Lake Heights Apartments, LLC, to remove the
requirement that accessory buildings be shown on
the site plan, on property generally located at S.
39th St. and Eagle Ridge Rd.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 & 10 HAD 2ND READING)
9) 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. (Related
Items: 11-27, 11R-55) (Request 2nd,
3rd Readings on 3/14/11)(REQUEST FOR 2ND & 3RD
READINGS WITHDRAWN)
10) 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)
PUBLIC HEARING - RESOLUTIONS
11) 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.(ADOPTED, 7-0; A-86265)
Fact Sheet (14K)
Attachment (21K)
12) 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.(ADOPTED, 7-0; A-86266)
Fact Sheet (90K)
Attachment (1199K)
13) 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. (3/7/11 - P.H. con't 1 wk to
3/14/11) (MTA #3, 7-0; ADOPTED AS AMENDED, 7-0; A-86267)
Fact Sheet (105K)
Motion To Amend 1 (12K)
Motion To Amend 2 (12K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 14 THRU 16 HAD 1ST READING)
14) 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)
15) 11R-63 Comp. Plan Conformance 11002 - Approving an
amendment to the Northwest Corridors Redevelopment
Plan to add the University of Nebraska Technology
Park Project #3: World's Foremost Bank Project,
including the construction of a 40,000 square foot
office/commercial building and parking lot, on
property generally located north of the existing
bank location at 4800 N.W. 1st Street. (Related
Items: 11R-63, 11-28) (Action Date: 3/21/11)
Fact Sheet (902K)
Attachment (711K)
16) 11-28 Vacation No. 11001 - Application of
World's Foremost Bank to vacate Highland
Circle except the 50 feet east of the
east right-of-way line of N.W. 1st
Street, generally located at N.W. 1st
Street and Highland Circle. (Related
Items: 11R-63, 11-28) (Action Date:
3/28/11)
Fact Sheet (702K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
17) 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)
(PASSED, 7-0; #19504)
Fact Sheet (640K)
Attachment (480K)
18) 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)(PASSED, 7-0; #19505)
Fact Sheet (3216K)
19) 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.(PASSED, 7-0; #19506)
Fact Sheet (1612K)
20) 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.(PASSED, 7-0; #19507)
Fact Sheet (396K)
21) 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. (PASSED, 7-0; #19508)
Fact Sheet (53K)
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.(PASSED, 7-0; #19509)
Fact Sheet (90K)
Attachment (117K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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 21, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
32) 11R-59 Approving a multi-year contract between the City
of Lincoln, Lancaster County, Lincoln-Lancaster
County Public Building Commission and Hewlett
Packard Company for computer equipment,
peripherals, and related services for a term from
the date of execution through August 31, 2012,
with options to renew for two one-year terms or
one two-year term.
Fact Sheet (121K)
Attachment (6611K)
33) 11R-60 Approving an agreement between the City of
Lincoln, Lancaster County and Thomson West for
electronic legal research for a period of April 1,
2011 through March 31, 2015 with an option to
renew for one additional year.
Fact Sheet (41K)
Attachment (1146K)
34) 11R-61 Special Permit 10037 - Appeal of Emerald Care
Company from the conditional approval allowing a
domiciliary care facility for up to 48 residents
on property generally located southwest of the
intersection of South 84th Street and Pioneers
Boulevard.
Fact Sheet (1154K)
35) 11R-62 Comp. Plan Conformance 11001 - Approving an
amendment to the Lincoln Star Building
Redevelopment Project, in the Lincoln Center
Redevelopment Plan, to extend the project area to
include the M Street right-of-way from South 7th
Street to South 17th Street to allow for
streetscape design and improvements.
Fact Sheet (1022K)
Attachment (1001K)
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 3:48 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