City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 18, 2011 AT 3:00 P.M.
MAYOR'S ANNUAL AWARD OF EXCELLENCE WAS PRESENTED TO
GENE HANLON OF THE LINCOLN'S RECYCLING OFFICE IN THE CATEGORY
OF PRODUCTIVITY & CUSTOMER RELATIONS. HONORABLE MENTION
RECIPIENTS WERE COLIN CLARK AND TONI KENT OF STARTRAN IN
THE CATEGORY OF CUSTOMER RELATIONS.
PUBLIC HEARING
CONSENT AGENDA
ALL MEMBERS PRESENT
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 April 4,
2011. (PLACED ON FILE)
2) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
February 28, 2011. (ADOPTED, 7-0; A-86299)
3) Report of Lincoln Water & WasteWater System
Recapitulation of Daily Cash Receipts for March
2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) PLACED ON FILE IN THE CITY CLERK'S OFFICE:
Waiver No. 10025 to Administrative Final Plat No.
01008, approved by the Planning Director on
April 7, 2011, requested by the Baylor - Evnen law
firm, to extend the time for two years to install
sidewalks, street trees and private ornamental
lighting for Carroll M5 Addition. The
improvements shall be completed by April 7, 2013.
Sidewalks must still be completed on any lot prior
to occupancy as part of a building permit.
Property is generally located at N. 27th
St. and Cleveland Ave.
5) Setting the Hearing Date of Monday, May 2, 2011 at
3:00 p.m. for the Application of Pies & Pints, LLC
dba Pies & Pints for a Class C liquor license
located at 311 N. 8th Street, Ste. 1. (ADOPTED,
7-0; A-86300)
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 7 THRU 9 HAD 2ND READING)
7) 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.
8) 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.
9) 11-40 Approving an amendment to the limits of
Paving District No. 2630 to include
additional benefitted property.
Fact Sheet (23K)
Attachment (4063K)
PUBLIC HEARING - RESOLUTIONS
10) 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. (ADOPTED, 7-0; A-86301)
Fact Sheet (264K)
Attachment (542K)
11) 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)
(ADOPTED, 6-1; CARROLL, COOK, EMERY, HORNUNG,
SNYDER, SPATZ ASSENTING; CAMP DISSENTING; A-86302)
Fact Sheet (1641K)
Attachment (1702K)
Attachment 2 (4515K)
12) 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)(ADOPTED, 6-1; CARROLL, COOK,
EMERY, HORNUNG, SNYDER, SPATZ ASSENTING; CAMP
DISSENTING; A-86303)
Fact Sheet (1641K)
Attachment (1705K)
Attachment 2 (4515K)
13) 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. (ADOPTED, 7-0; A-86304)
Fact Sheet (111K)
Attachment (1522K)
14) 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.
(ADOPTED, 7-0; A-86305)
Attachment (551K)
15) 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. (ADOPTED, 7-0; A-86306)
Fact Sheet (153K)
Attachment (5512K)
PUBLIC HEARING
ORDINANCE - THIRD READING
16) 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.(4/11/11 -
3rd Reading w/con't. P.H. on 4/18/11)
(PLACED ON INDEFINITE PENDING, 7-0)
Fact Sheet (75K)
Motion To Amend (7K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 17 THRU 21 HAD 1ST READING)
17) 11-43 Approving the lease agreement between the
City and Scott and Cindy Jensen for the lease
of office space by Aging Partners for its
Personal & Family Services Medicaid Waiver
program at 320 N. State Street, Osceola, NE
68651 for a term of June 1, 2011 through May
31, 2012.
Fact Sheet (168K)
Attachment (124K)
18) 11-44 Change of Zone No. 11008 - Application of
Assurity Life Insurance Company for a change
of zone from B-4 Lincoln Center Business
District to B-4 Lincoln Center Business
District with a Special Sign District
designation, to allow an additional
freestanding sign, on property generally
located at 2000 Q Street.
Fact Sheet (1339K)
19) 11-46 Vacation No. 11004 - Vacating two portions of
old Pine Lake Road between South 84th Street
and South 91st Street.
Fact Sheet (662K)
Attachment (156K)
20) 11-47 Amending Ordinance No. 17366 passed June 29,
1998, and Ordinance No. 18214 passed August
4, 2003, for the widening and reconstruction
of Old Cheney Road from Nebraska Highway 2 to
approximately 1,450 feet east of South
84th Street to remove design requirements for
raised medians and right turn lanes.
Fact Sheet (19K)
Attachment (350K)
21) 11-48 Vacation No. 10006 - Vacating multiple streets
and alleys in the West Haymarket Redevelopment
Area, generally located at 5th Street from L Street
to M Street, needed by BNSF Railway Company (BNSF)
for a future railway corridor. (Request 2nd &
3rd Readings on 4/25/11)
Fact Sheet (66K)
Attachment (3736K)
Memo (8K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 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. (PASSED, 7-0; #19519)
23) 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. (PASSED, 7-0; #19520)
Fact Sheet (12K)
Attachment (1626K)
24) 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)(ADOPTED, 7-0; A-86307)
Attachment (128K)
25) 11-34 Change of Zone 11006 - Application of Tudans
Enpete Properties LLC for 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)(PASSED, 7-0; #19521)
Fact Sheet (1355K)
26) 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)(PASSED, 7-0;
#19522)
Fact Sheet (21K)
27) 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)(ADOPTED, 7-0; A-86308)
Fact Sheet (25K)
28) 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.(PASSED, 7-0;
#19523)
Fact Sheet (1130K)
29) 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. (PASSED, 7-0;
#19524)
Fact Sheet (846K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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 25, 2011, AT 5:30 P.M.
APPROVED, 7-0
40) 11R-88 Application of Speedway Properties for
the use of public right-of-way in three
locations along Q Street, 8th Street and
R Street for installation of amenities
in connection with the redevelopment of
Block 30, Original Plat Lincoln for
construction of a new hotel and the
renovation of the former Tool House
building.
Fact Sheet (9K)
Attachment (645K)
41) 11R-95 Approving two Contract Agreements between the City
and Reinhardt Contracting, Inc. and Hansen
Construction Company, Inc. for the annual
requirements for Excavating and Dozing, pursuant
to Bid No. 11-047, for four-year terms.
Fact Sheet (121K)
Attachment (7938K)
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 4:29 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