City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, APRIL 25, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT
IMMEDIATELY PRECEDING THE REGULAR COUNCIL MEETING
BOARD OF EQUALIZATION FOR NORTH 27TH STREET MAINTENANCE
BUSINESS IMPROVEMENT DISTRICT (APPROVED, 7-0)
BOARD OF EQUALIZATION FOR UNIVERSITY PLACE MAINTENANCE
BUSINESS IMPROVEMENT DISTRICT (APPROVED, 7-0)
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) Clerk's Letter and Mayor's Approval of Ordinances
and Resolutions passed by Council on April 11,
2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) REFERRED TO PLANNING DEPARTMENT:
CHANGE OF ZONE NO. 11010, requested by ESP,
from H-3 Highway Commercial District to I-1
Industrial District on property generally located
at N. 40th Street and Cornhusker Highway.
CHANGE OF ZONE NO. 11011, requested by the
Director of Planning, amending Title 27 of the
Lincoln Municipal Code, the Zoning Code, to allow
Agricultural Attractions in the AG Agriculture
District by amending Chapter 27.03 to add a new
section numbered 27.03.043 to define "Agricultural
Attraction"; amending Section 27.07.030 to
establish an Agricultural Attraction as a
conditional use in the AG Agriculture District;
amending Section 27.67.040 to provide parking
requirements for Agricultural Attractions; and
repealing Sections 27.07.030 and 27.67.040 of the
Lincoln Municipal Code as hitherto existing.
CHANGE OF ZONE NO. 11012, requested by Mark
Bousek, from R-2 Residential District to R-4
Residential District on property generally located
at N. 70th Street and Cleveland Avenue.
CHANGE OF ZONE NO. 11013, requested by
Eiger Corp., from AG Agricultural District to
B-5 Planned Regional Business District, on
property generally located at S.
84th Street and Pine Lake Road.
CHANGE OF ZONE NO. 11014, requested by Larry
Buller, to designate as a historic landmark
property located at 2943 Garfield Street.
SPECIAL PERMIT NO. 399C, requested by Mark
Bousek, for an amendment to the Villa Apartments
Community Unit Plan, to add two additional
buildings for a total of 48 multi-family units, on
property generally located at N. 70th
Street and Cleveland Avenue. The Planning
Commission action is final action, unless appealed
to the City Council.
SPECIAL PERMIT NO. 11007, requested by Larry
Buller, for historic preservation, to adjust yard
and parking requirements, on property located at
2943 Garfield Street.
USE PERMIT NO. 56F, requested by Olsson
Associates, for an amendment to increase the
building area by adding a seasonal garden center
and more outdoor storage, and a waiver request to
reduce the required parking ratio, on property
generally located at N. 27th Street and
Cornhusker Highway.
3) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 4 THRU 8 HAD 2ND READING; SEE ITEM #8)
4) 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)
5) 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)
6) 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)
7) 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)
8) 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)(WAIVED RULES TO HAVE 2ND
& 3RD READINGS, 7-0; PASSED, 7-0; #19525))
Fact Sheet (66K)
Attachment (3736K)
Memo (8K)
PUBLIC HEARING - RESOLUTIONS
9) 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.(ADOPTED, 6-0;
CARROLL, COOK, EMERY, HORNUNG, SNYDER, SPATZ ASSENTING;
CAMP ABSTAINING; A-86309)
Fact Sheet (9K)
Attachment (645K)
10) 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.
(ADOPTED, 7-0; A-86310)
Fact Sheet (121K)
Attachment (7938K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 11 THRU 14 HAD 1ST READING)
11) 11-45 Amending Chapter 26.11 of the Lincoln
Municipal Code relating to Procedures for
Processing Subdivisions by amending Section
26.11.039 to provide that a cash contribution
may be furnished for street trees in lieu of
a bond, escrow or security agreement on all
final plats, to provide that no surety is
required for sidewalks along non-major
streets abutting residential lots, and to add
clarity by dividing subparagraph (g) into two
subparagraphs (g) and (h); and amending
Section 26.11.040 to provide that sidewalks
along non-major streets abutting non-
residential lots shall be installed prior to
the City issuing an occupancy permit or
within four years following plat approval
whichever occurs first and sidewalks along
non-major streets abutting residential lots
shall be installed prior to the City issuing
an occupancy permit, except under specified
conditions, that street trees along non-major
streets shall be installed within one year
after the issuance of an occupancy permit or
within six years of final plat approval,
whichever occurs first, and to provide that
stormwater detention/retention facilities
shall be graded at the same time as the
overall site grading and that such grading
shall be completed prior to installation of
required water distribution, wastewater
collection, and street improvements and to
provide conditions which must be met for the
release of any surety to guarantee construction
of the stormwater detention/retention facilities.
Fact Sheet (209K)
12) 11-49 Amending Title 17 of the Lincoln Municipal
Code relating to Water by adding a new
Section numbered 17.02.185 to provide a
definition for "lot"; amending Section
17.02.210 to revise the definition of "master
metered water service"; repealing Sections
17.02.230, 17.02.240, and 17.02.260 to delete
definitions of "mobile home," "mobile home
court," and "office park," respectively;
amending Section 17.02.180 to revise the
definition of "premises"; repealing Section
17.02.320 to delete the definition of
"shopping center"; amending Section 17.10.070
to change the provisions requiring when
permanent water meters are to be installed;
amending Section 17.10.080 to change the
requirements of how water service to specific
lots is provided; amending Section 17.10.100
to require surveys when a premises is
supplied by two or more sources of water;
amending Section 17.18.006 to change how the
Water Service Manual may be approved;
amending Section 17.18.010 to remove the
notice requirement for making a tap; amending
Section 17.18.030 to change the provisions
related to the provision of water services
for newly constructed and reconstructed
premises; amending Section 17.18.080 to
change provisions when surveys are required;
amending Section 17.18.090 to change requirements
related to backflow prevention installations;
amending Section 17.18.130 to allow multiple supply
and service pipes to a premises under certain exceptions;
and amending Section 17.18.160 to change repair and
cost provisions involving leaks from customer service
pipes.
Fact Sheet (16K)
Attachment (790K)
13) 11-50 Annexation No. 11002 Amending the Lincoln
Corporate Limits Map by annexing approximately
18.36 acres of land generally located at South
88th Street and Pioneers Boulevard. (Related
Items 11-50, 11-51)
Fact Sheet (926K)
Attachment (545K)
14) 11-51 Change of Zone No. 11002 - Application of
Himark Property, LLC, for a change of zone
from AG Agricultural District to R-3
Residential District on property generally
located at South 88th Street and Pioneers
Boulevard. (Related Items 11-50, 11-51)
Fact Sheet (632K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
15) 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.
(PASSED, 7-0; #19526)
16) 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.(PASSED, 7-0; #19527)
17) 11-40 Approving an amendment to the limits of
Paving District No. 2630 to include
additional benefitted property.
(PASSED, 7-0; #19528)
Fact Sheet (23K)
Attachment (4063K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
18) 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)
19) 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)
20) 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)
21) 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)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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) (4/18/11 - Placed
on Indefinite Pending)
Fact Sheet (75K)
Motion To Amend (7K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, MAY 2, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
29) 11R-96 Approving a Contract Agreement between the City
and Burwood Group, Inc. for the annual
requirements for Websense Maintenance, pursuant to
Quote 3451, for a three-year term.
Fact Sheet (105K)
Attachment (1130K)
30) 11R-97 Amending Resolution No. A-84590 to change the
portion of the Local Government Miscellaneous
Expenditures Policy regarding the Mayor's Award of
Excellence, including changes to the committee
member quorum, term of the committee members,
clarification of winner selection, and to
rearrange sections for clarity.
Fact Sheet (90K)
31) 11R-98 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of April 1 - 15,
2011.
Fact Sheet (14K)
Attachment (22K)
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 7:07 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