City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 31, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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 of Settlement Agreement under Neb. Rev.
Stat. § 84-713. (non tort claims)
(PLACED ON FILE)
Settlement Report
2) Clerk's Letter & Mayor's Approval of Ordinances
& Resolutions passed October 17, 2011.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, November 14,
2011, at 3:00 p.m. for the application of Grata
LLC dba Grata for a Class CK liquor license
located at 6891 A Street, Suite 108.
(ADOPTED, 6-0; A-86561)
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5
THRU 8 HAD 2ND READING)
5) 11-161 Approving a Sales Agreement between the City of
Lincoln and the University of Nebraska
Foundation, on behalf of Educare Lincoln, for
the sale of approximately 90,000 sq. ft. of
surplus City property located southwest of the
intersection of North 14th Street and Manatt
Street.
Fact Sheet (123K)
Attachment (2509K)
6) 11-162 Amending Ordinance 19589 passed August 8, 2011
for the widening and reconstruction of Old
Cheney Road from 70th Street to 82nd Street to
allow for the design and construction of right-
turn lanes at the intersection of 70th Street
and Old Cheney Road.
Fact Sheet (13K)
7) 11-163 Approving a Lease Agreement between the City of
Lincoln and Silver Properties LLC for a lease of
space for a five-year term for use by the
Lincoln Police Department.
Fact Sheet (90K)
Attachment (98K)
8) 11-164 Approving a Lease and Operating Agreement
between the City and the Board of Regents of UNL
for lease of space at the West Haymarket Arena.
Fact Sheet (75K)
Attachment (5M)
PUBLIC HEARING - RESOLUTIONS
9) 11R-266 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 1 -
15, 2011. (ADOPTED, 6-0; A-86562)
Fact Sheet (19K)
Attachment (14K)
10) 11R-261 Approving an Amendment to the Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln on behalf of the Lincoln
Lancaster County Health Department for the
Lincoln Metropolitan Medical Response System to
extend the term to February 28, 2012.
(ADOPTED, 6-0; A-86563)
Fact Sheet (95K)
Attachment (744K)
11) 11R-262 Approving a Contract Agreement between the City
of Lincoln and the League of Human Dignity for
the annual requirements for Administration of
StarTran's Special Transportation Programs,
pursuant to Bid No. 11-204, for a two-year term
with the option to renew for one additional two-
year term. (ADOPTED, 6-0; A-86564)
Fact Sheet (122K)
Attachment (2M)
12) 11R-263 Approving a Contract Agreement between the City
of Lincoln and Plunkett's Pest Control for the
annual requirements for Pest Control Services at
StarTran, pursuant to Quote No. 3640, for a two-
year term with the option to renew for one
additional two-year term.
(ADOPTED, 6-0; A-86565)
Fact Sheet (120K)
Attachment (5M)
13) 11R-264 Approving a Funding Agreement between the City
of Lincoln and the State of Nebraska Department
of Roads to allow the use of Federal
Transportation Program Funds for construction
and construction engineering to replace existing
pedestrian signal heads with countdown-style
pedestrian signal heads. City Project No.
701076. State Project No. HSIP 5239(7),
CN 12927. (ADOPTED, 6-0; A-86566)
Fact Sheet (13K)
Attachment (884K)
14) 11R-265 Approving the award of contract to the low
bidder for the Agreement between the City of
Lincoln and the State of Nebraska Department of
Roads for countdown-style pedestrian signal
heads. City Project No. 701076. State Project
No. HSIP 5239(7), CN 12927.
(ADOPTED, 6-0; A-86567)
Fact Sheet (13K)
Attachment (254K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 15
THRU 19 HAD 1ST READING)
15) 11-165 Amending Chapter 2.62 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.62.120 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.62.230 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
Fact Sheet (102K)
16) 11-166 Amending Chapter 2.65 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.65.120 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.65.220 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
Fact Sheet (108K)
17) 11-167 Amending Chapter 2.66 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.66.095 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.66.200 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
Fact Sheet (101K)
18) 11-168 Repealing Chapter 8.12 of the Lincoln Municipal
Code relating to Small Family Child Care Home.
Fact Sheet (117K)
19) 11-171 Approving a Sublease Agreement Amendment #1 to
renew an existing Sublease between the city on
behalf of the Lincoln Police Department & the
State of Nebraska on behalf of the Nebraska
State Patrol for a five year term.
Fact Sheet (44K)
Attachment (3071K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
RESOLUTIONS - ACTION ONLY
20) 11R-250 Approving the 2040 Lincoln - Lancaster County
Comprehensive Plan. Hearing before the Joint
Lincoln City Council and Lancaster County Board
of Commissioners on October 18, 2011 at 5:00
p.m., with action by the City Council
scheduled for October 31, 2011 at 3:00 p.m.
(MTA #1 ADOPTED, 6-0; MTA #2 ADOPTED, 6-0;
MTA #3 ADOPTED, 6-0; MTA #4 ADOPTED, 6-0;
ADOPTED AS AMENDED, 6-0; A-86568)
Fact Sheet (15M)
Motion to Amend 1 (7K)
Motion to Amend 2 (9K)
Motion to Amend 3 (9K)
Motion to Amend 4 (7K)
PENDING LIST - DATE CERTAIN
21) 11-157 Change of Zone 11035 - Application of R.I.P.,
Inc. for a change of zone from R-3 Residential
District to R-5 Residential District on property
generally located at North 24th Street and Dodge
Street. (Related Items: 11-157, 11R-246,
05-188) (Action Date: 10/17/11)
(10/10/11 - P.H. con't. 4 wks. to 11/7/11
w/Action on 11/14/11)
Fact Sheet (4866K)
22) 11R-246 Special Permit 11023 - Appeal of Landon's
Neighborhood Association and Regalton
Neighborhood Association from the Planning
Commission's conditional approval of its
application for authority to develop the Magic
Hills Community Unit Plan consisting of 96
dwelling units in four buildings and a
clubhouse, on property generally located at
North 24th Street and Dodge Street. (Related
Items:11-157, 11R-246, 05-188) (Action Date:
10/17/11) (10/10/11 - P.H. con't. 4 wks. to
11/7/11 w/Action on 11/14/11)
Fact Sheet (1070K)
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) (Request to remove from Pending to
have P.H. on 10/10/11 w/11-157 & 11R-246)
(10/3/11 - To have P.H. on 10/10/11, w/Action on
10/17/11) (Related Items: 11-157, 11R-246, 05-188)
(Action Date: 10/17/11) (10/10/11 - P.H. con't.
4 wks. to 11/7/11 w/Action on 11/14/11)
Fact Sheet (1465K)
24) 11R-235 Approving the I-80 West Lincoln Business Center
Conditional Annexation and Zoning Agreement
between the City and Ringneck Development LLC
for annexation of approximately 7.72 acres and
the development of 233 acres of property
generally located at N.W. 48th Street and I-80.
(Related Items: 11R-235, 11-149, 11-150)
(10/10/11 - Action Delayed 4 wks to 11/7/11)
Fact Sheet (13K)
Attachment (4677K)
25) 11-149 Annexation No. 07005 - Amending the Lincoln
Corporate Limits Map by annexing approximately
7.72 acres generally located at N.W. 48th Street
and West Holdrege Street. (Related Items:
11R-235, 11-149, 11-150) (10/10/11 - Action
Delayed 4 wks to 11/7/11)
Fact Sheet (1020K)
Attachment (404K)
26) 11-150 Change of Zone No. 07063 - Application of
Ringneck Development for a change of zone from
AG Agricultural District to R-3 Residential with
a Planned Unit Development designation on 7.72
acres of property generally located at N.W. 48th
Street and West Holdrege Street with requested
waivers and modification to the Zoning Ordinance
and Land Subdivision Ordinance to allow
approximately 42,000 square feet of office and
commercial floor area and six dwelling units on
the underlying R-3 zoned area. (Related
Items: 11R-235, 11-149, 11-150) (10/10/11 -
Action Delayed 4 wks to 11/7/11)
Fact Sheet (2189K)
PENDING LIST (EXTENDED ONE WEEK)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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, NOVEMBER 7, 2011, AT 3:00 P.M.
NONE
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 OCTOBER ARE THE
10TH AND 24TH.
ADJOURNMENT 3:39 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