City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 11, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT SNYDER
PUBLIC HEARING
CONSENT AGENDA
Anyone wishing to address an item on the Consent Agenda may do so at this time
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF MARCH 2011
WAS PRESENTED TO JASON ADAMS, POLICE OFFICER
FOR THE TECHNICAL INVESTIGATIONS DIVISION OF THE POLICE DEPARTMENT
IN THE CATEGORY OF PRODUCTIVITY.
REPORTS OF CITY OFFICERS
1) Resolution assessing the cost of the North 27th
Street Maintenance Business District against the
benefitted properties. (ADOPTED, 6-0; A-86285)
2) Resolution assessing the cost of the University
Place Maintenance Business District against the
benefitted properties. (ADOPTED, 6-0; A-86286)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 28, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11010 to
Special Permit No. 228A, Capitol Beach West
approved by the Planning Director on March 31,
2011 requested by Carrie Stuart to reduce the
front yard setback to two feet for a carport on
property located at 362 W. Lakeshore Drive.
5) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 11009 - Requested by
the Director of Planning amending Section
27.63.500 of the Lincoln Municipal Code relating
to Zoning Code Special Permits for Scrap
Processing Operations, Salvage Yards, and
Enclosed Disassembly Operations to allow outdoor
salvage material to be located closer than 500
feet from certain entrance corridors if land
forms or screening completely obstructs the view
by the traveling public of the salvage material
and to authorize the City Council to decrease
the 500-foot setback under limited
circumstances; and repealing Section 27.63.500
of the Lincoln Municipal Code as hitherto
existing.
Special Permit No. 11006 - Requested by
Alter Trading Corporation for scrap processing
operation and to allow salvage material kept
outside a building to be located closer than the
500 feet to the West "O" Street entrance
corridor on property generally located at
West O Street and Sun Valley Boulevard.
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 7
THRU 15 HAD 2ND READING, SEE ITEM 15)
7) 11-38 Authorizing the issuance of not to exceed
$300,000.00 of City of Lincoln, Nebraska
Rosewood Project Tax Allocation bonds,
Series 2011 for the redevelopment of
property generally located at 2301 N.W.
12th Street within the Northwest corridors
Redevelopment Plan.
8) 11-18 Creating Water District No. 1203 in N.W.
19th Street from West Q Street to West S
Street and assessing the costs thereof
against the benefitted property.
Fact Sheet (12K)
Attachment (1626K)
9) 11R-84 Approving the Development and Conditional Zoning
Agreement for NW Corner of S. 33rd and A Streets
between Members Own Credit Union and the City of
Lincoln for a change of zone from R-2
Residential District to B-3 Commercial District
for a range of commercial and retail uses, to
control access to A Street and to restrict uses,
lighting and signage ,on property generally
located at S. 33rd and A Streets. (Related
Items: 11R-84, 11-34) (Action Date: 4/18/11)
Attachment (128K)
10) 11-34 Change of Zone 11006 - Application of
Tudans Enpete Properties LLC for a change
of zone from R-2 Residential District to
B-3 Commercial District on property generally
located northeast of the corner of
Chautauqua Avenue and A Street. (Related
Items: 11R-84, 11-34) (Action Date:
4/18/11)
Fact Sheet (1355K)
11) 11-35 Change of Zone 11007 - 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. (Related Items: 11-35, 11R-83)
(Action Date: 4/18/11)
Fact Sheet (21K)
12) 11R-83 Establishing an appropriate fee for zoning
action confirmation letters issued by the
Planning Department pursuant to Lincoln
Municipal Code Section 27.80.010. (Related
Items: 11-35, 11R-83) (Action Date: 4/18/11)
Fact Sheet (25K)
13) 11-36 Comp. Plan Conformance 11004 - Declaring
approximately 27,751 sq. ft. of property
generally located at the northeast corner
of North 8th and U Streets and
approximately 2,979 square feet of property
generally located at the northeast corner
of 7th and T Streets as surplus property.
Fact Sheet (1130K)
14) 11-37 Vacation 11002 - Vacating (1) a portion of
Stadium Drive at 10th Street; (2) a portion
of North 10th Street south of Salt Creek
Roadway; and (3) an un-named right-of-way
west of North 10th Street north of Block
14, North Lincoln Addition; to accommodate
the construction of the new roadway and
round-about associated with the West
Haymarket Redevelopment Project.
Fact Sheet (846K)
15) 11-39 Amending Chapter 10.32 of the Lincoln
Municipal Code relating to Stopping,
Standing and Parking of Vehicles by adding
a new section numbered 10.32.075 to
prohibit the parking of trucks on a street
more than 400 feet from the primary place
of business and providing certain
exceptions. (3RD READING W/CON'T P.H.
ON 4/18/11, 6-0)
Fact Sheet (75K)
PUBLIC HEARING - RESOLUTIONS
16) 11R-75 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of March 16 -
31, 2011. (ADOPTED, 6-0; A-86287)
Fact Sheet (14K)
Attachment (21K)
17) 11R-76 Approving an amendment to Resolution No. A-85447
adopted by the City Council on July 27, 2009 to
reduce the funding amount for a subgrant for the
Minority Health Initiative Project by $7,000.00.
(ADOPTED, 6-0; A-86288)
Fact Sheet (107K)
Attachment (3379K)
18) 11R-77 Approving an amendment to Resolution No. A-85442
adopted by the City Council on July 20, 2009 for
the Refugee Screening Program to adjust the
funding amount to be paid by the Nebraska
Department of Health and Human Services to the
Lincoln-Lancaster County Health Department from
$137,445.00 to $186,011.00.
(ADOPTED, 6-0; A-86289)
Fact Sheet (80K)
Attachment (2932K)
19) 11R-86 Approving a corrected Agreement previously
adopted by Resolution No. A-86266 on March 14,
2011, 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, to include a page
which was missing from the original document.
(ADOPTED, 6-0; A-86290)
Fact Sheet (91K)
Attachment (268K)
20) 11R-87 Approving the Sub-Grant Award Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln regarding the Homeland Security
Grant Program for the Lincoln-Lancaster County
Health Department in the amount of $321,221.00
for the award period of 9/1/08 through 8/31/11.
(ADOPTED, 6-0; A-86291)
Fact Sheet (91K)
Attachment (606K)
21) 11R-78 Approving a Contract Agreement between the City
and Stern Oil Company for the annual
requirements for Antifreeze - StarTran, pursuant
to Quote 3300, for a two-year term with option
to renew for one additional two-year term.
(ADOPTED, 6-0; A-86292)
Fact Sheet (131K)
Attachment (2172K)
22) 11R-79 Approving a Contract Agreement between the City
and Husker Electric Supply Company for the
annual requirements for Fluorescent Light Bulbs
for StarTran, pursuant to Bid No. 3302, for a
two-year term with option to renew for one
additional two-year term.
(ADOPTED, 6-0; A-86293)
Fact Sheet (124K)
Attachment (2027K)
23) 11R-80 Approving a Contract Agreement between the City
and Graybar Electric Company for the annual
requirements for Telecommunication Supplies and
Accessories for various City departments,
pursuant to County of Los Angeles, California
Contract No. MA-IS-1040222-1, for a term
beginning upon execution of this contract
through December 31, 2012.
(ADOPTED, 6-0; A-86294)
Fact Sheet (141K)
Attachment (3448K)
24) 11R-81 Approving a Contract Agreement between the City,
Lancaster County and the Lincoln Lancaster
County Public Building Commission and Graybar
Electric Company for the annual requirements for
Electrical Products for various City
departments, pursuant to County of Los Angeles,
California Contract No. MA-IS-43272-6, for a
term beginning upon execution of this contract
through December 31, 2012.
(ADOPTED, 6-0; A-86295)
Fact Sheet (138K)
Attachment (1876K)
25) 11R-82 Approving Contract Agreements between the City
and Lancaster County and Sapp Bros Petroleum
Inc. and Lincoln Truck Center for the annual
requirements for Coolant/Antifreeze, pursuant to
Bid No. 11-017, for four-year terms.
(ADOPTED, 6-0; A-86296)
Fact Sheet (121K)
Attachment (3889K)
26) 11R-85 Approving a Contract Agreement between the City
and Transport Plus for the annual requirements
for StarTran Brokerage Services, pursuant to Bid
No. 11-015, for a two-year term with option to
renew for one additional two-year term.
(ADOPTED, 6-0; A-86297)
Fact Sheet (127K)
Attachment (4659K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 27
THRU 29 HAD 1ST READING)
27) 11-41 Authorizing the City of Lincoln, Nebraska
to enter into a lease-purchase transaction
with Union Bank and Trust Company, Lincoln,
Nebraska in an amount not to exceed
$3,600,000 to refinance equipment acquired
with the proceeds of outstanding
certificates of participation and related
matters.
28) 11-42 Authorizing the issuance, sale and delivery
of general obligation refunding bonds of
the City of Lincoln, Nebraska in an amount
not to exceed $21,000,000 to refund
outstanding general obligation bonds of the
City and related matters.
29) 11-40 Approving an amendment to the limits of
Paving District No. 2630 to include
additional benefitted property.
Fact Sheet (23K)
Attachment (4063K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 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.
(PASSED, 6-0; #19516)
Fact Sheet (16K)
31) 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. (PASSED, 6-0; #19517)
Fact Sheet (108K)
Attachment (576K)
32) 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) (ADOPTED, 6-0; A-86298)
Fact Sheet (119K)
33) 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) (MTA #1 ADOPTED, 6-0;
PASSED AS AMENDED, 6-0; #19518)
Motion To Amend (351K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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)
(3/28/11 - Placed on Indefinite Pending)
Fact Sheet (1022K)
Attachment (1001K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, APRIL 18, 2011, AT 3:00 P.M.
(APPROVED, 6-0)
44) 11R-89 Identifying and declaring the area generally
located along Havelock Avenue from Cornhusker
Highway on the west to 64th Street on the east
as the Havelock Business Area; approving the
appointment of Dave Cole, Roger Pletcher, Sue
Cover, Tam Spence, Denise Otto and Rich O'Hare
as members of the Havelock Business Improvement
Board; and directing the Board to make
recommendations to the City Council for the
establishment of a plan for improvements in the
Havelock Business Area.
Fact Sheet (264K)
Attachment (542K)
45) 11R-90 Comp. Plan conformity 11003 - Approving an
amendment to the Lincoln Center Redevelopment
Plan to add the "17th and Q/Credit Union
Redevelopment Project" for the relocation of the
Credit Union currently located on the northwest
corner of 17th and Q Streets to the northeast
corner of 17th and P Streets. (Related Items:
11R-90, 11R-91)
Fact Sheet (1641K)
Attachment (1702K)
Attachment 2 (4515K)
46) 11R-91 Comp. Plan Conformity 11003 - Approving and
adopting proposed amendments to the Antelope
Valley Redevelopment Plan to add the "17th and
Q/Credit Union Redevelopment Project."
(Related Items: 11R-90, 11R-91)
Fact Sheet (1641K)
Attachment (1705K)
Attachment 2 (4515K)
47) 11R-92 Approving a contract between the City and the
Nebraska Department of Roads to merge the
previously approved West O Historic Highway
Project for improvements located on a four-block
segment of West O Street between 3rd Street and
the Salt Creek Bridge into a second grant
project extending the improvements to Homestead
Expressway.
Fact Sheet (111K)
Attachment (1522K)
48) 11R-93 Approving an Interlocal Agreement between the
City of Lincoln and Lancaster County to provide
a liaison for the delivery of human services to
the Hispanic/Latino community for a one year
term.
Attachment (551K)
49) 11R-94 Approving a multi-year contract between the City
of Lincoln, Lancaster County, Lincoln-Lancaster
County Public Building Commission and Dell
Marketing L.P. 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 (153K)
Attachment (5512K)
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 APRIL ARE THE 11TH AND 25TH.
ADJOURNMENT 4:30 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