City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 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) Report from City Treasurer of City Cash on hand
at the close of business February 28, 2011.
(PLACED ON FILE)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 14, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 10028 - Requested by
Mark Hunzeker from O-2 Suburban Office District
to I-2 Industrial Park District, from AG
Agricultural District to I-2 Industrial Park
District and from R-3 Residential District to
I-2 Industrial Park District on property legally
described as Lots 4 and 20 I.T., located in
Section 3-10-6; the remaining portion of Lot 1,
Highland North and Lot 57 I.T., located in
Section 2-10-6; generally located at W. Fletcher
Avenue and Highway 34.
Change of Zone No. 11008 - Requested by
Assurity Life Insurance Company from B-4 Lincoln
Center Business District to B-4 Lincoln Center
Business District with a Special Sign District
designation on property legally described as Lot 1
and Lot 2, Assurity Addition, located in the
SE 1/4 of Section 24-10-6, Lancaster County,
Nebraska, generally located at 2000 Q Street.
Special Permit No. 11005 - Requested by
Regal Building Systems for a domiciliary care
facility for up to 32 residents on property
generally located at S. 27th Street and
Wilderness Hills Boulevard.
4) MISCELLANEOUS REFERRALS
Setting the Board of Equalization hearing date
on Monday, April 25, 2011 at 5:30 p.m. on the
North 27th Street Maintenance Business Improvement
District and the University Place Maintenance
Business Improvement District.
(APPROVED BY ACCLAMATION, 7-0)
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5
THRU 7 HAD 2ND READING)
5) 11-19 Creating Re-paving District No. 157 for new
street pavement in 63rd Street from
Gladstone Street to Fremont Street and
assessing the costs thereof against the
benefitted properties.
Fact Sheet (12K)
Attachment (2351K)
6) 11-29 Approving the Lease Agreement between the
City and Dittmer & Dittmer of Crete for the
lease of office space by Aging Partners for
its Personal & Family Services program at
1005 E. Highway 33, Suite 6, Crete, NE
68333 for a term of June 1, 2011 through
May 31, 2012.
Fact Sheet (167K)
Attachment (111K)
7) 11-30 Change of Zone No. 11005 - Application of
Park Ridge Apartments Too, LLC, for a
change of zone from R-2 Residential
District to R-4 Residential District on
property generally located at S.W. 8th
Street and West C Street.
Fact Sheet (720K)
PUBLIC HEARING - RESOLUTIONS
8) 11R-65 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 1 - 15,
2011. (AMENDED TO REMOVE JASON CHAMBERS CLAIM, 7-0;
ADOPTED AS AMENDED, 7-0; A-86272)
Fact Sheet (14K)
Attachment (21K)
9) 11R-67 Approving appropriations in the amount of
$30,900.00 from the operation of Keno Lottery
Funds for various Human Services (Round 33).
(ADOPTED, 7-0; A-86273)
Attachment (169K)
10) 11R-68 Approving the naming of the park area generally
bounded by South Street, BNSF Railroad, Park
Blvd. and Van Dorn Street, where Sherman Field
and Midget Football Fields are located, as
Sampson Park. (ADOPTED, 7-0; A-86274)
Fact Sheet (150K)
11) 11R-64 Authorizing the making of a request to the State
of Nebraska, Board of Public Roads Classifications
and Standards, for relaxation of standards to
allow ten foot wide lanes for City Project 701771,
South 56th Street from A Street to Randolph Street.
(ADOPTED, 7-0; A-86275)
Fact Sheet (13K)
12) 11R-66 Approving the World's Foremost Bank Project
Redevelopment Agreement between the City and
World's Foremost Bank relating to the
redevelopment of property generally located in
the University of Nebraska Technology Park for
construction of approximately 40,000 sq. ft. of
commercial space. (ADOPTED, 7-0; A-86276)
Fact Sheet (137K)
Attachment (770K)
13) 11R-69 Approving the request of Duncan Aviation to
utilize $150,000 from the Fast Forward Fund
toward the relocation of a 16" water main to
serve their expanding facility located near the
Lincoln Municipal Airport. (MTA #1 ADOPTED, 7-0;
ADOPTED AS AMENDED, 7-0; A-86277)
Fact Sheet (76K)
14) 11R-70 Amending the retirement benefits available to
the Mayor of the City of Lincoln commencing with
the May, 2015 Mayoral term. (Action Date:
3/28/11) (ADOPTED, 7-0; A-86278)
Fact Sheet (18K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 15
THRU 18 HAD 1ST READING)
15) 11-31 Change of Zone No. 11003 - 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;
and 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.
Fact Sheet (16K)
16) 11-32 Approving a contract between the City and
Lincoln Haymarket Development Corp. to
operate and regulate a Saturday public
market in the Haymarket area, 7th Street
from P to Q Streets and P Street from 7th
to 8th Streets from May 7, 2011 through
October 15, 2011 and on 8th Street from
P to Q Streets from June 4, 2011 through
August 27, 2011 and also September 3, 2011
and September 24, 2011.
Fact Sheet (108K)
Attachment (576K)
17) 11R-74 Approving an amendment to the FY 10/11 CIP to
authorize and appropriate $852,000.00 in TIF
funds for the World's Foremost Bank Project
generally located at 4800 N.W. 1st Street in the
University of Nebraska Technology Park.
(Related Items: 11R-74, 11-33) (Action Date:
4/11/11)
Fact Sheet (119K)
18) 11-33 Authorizing and providing for the issuance
of World's Foremost Bank Redevelopment
Project Tax Allocation bonds, in one or
more series in an aggregate principal
amount not to exceed $852,000.00.
(Related Items: 11R-74, 11-33) (Action
Date: 4/11/11)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
19) 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) (MTA #2 ADOPTED, 7-0;
PASSED AS AMENDED, 7-0; #19511)
Fact Sheet (105K)
Attachment (1621K)
Motion To Amend (7K)
20) 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. (PASSED, 7-0; #19512)
Fact Sheet (702K)
RESOLUTIONS - ACTION ONLY
21) 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. (3/21/11 - Action Delayed 1 wk. to
3/28/11) (DELAYED ONE WEEK FOR ACTION ONLY TO
4/4/11, 7-0)
Fact Sheet (1154K)
Motion To Amend 1 (76K)
Motion To Amend 2 (7K)
22) 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. (3/21/11
- Action Delayed 1 wk. to 3/28/11)
(PLACED ON INDEFINITE PENDING, 7-0)
Fact Sheet (1022K)
Attachment (1001K)
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, APRIL 4, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
32) 11R-71 Appointing Libby Raetz to the Lincoln Electric
System Administrative Board for a three-year
term expiring January 1, 2014.
Attachment (65K)
33) 11R-72 Authorizing the Mayor to execute a multi-year
contract per City Ordinance when funding
appropriations comes from more than one fiscal
year CIP for the 2011 Residential
Rehabilitation, City Project No. 540618.
Fact Sheet (12K)
Attachment (4721K)
34) 11R-73 Approving a Funding Agreement between the City
and the Nebraska Dept. of Roads for the use of
Federal Highway Safety Improvement Program Funds
for the intersection of Coddington Avenue and
West Van Dorn Street (Project No. HSIP-5205(1)).
Fact Sheet (12K)
Attachment (1069K)
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 7:21 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