City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 21, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 28
IN OBSERVANCE OF THANKSGIVING HOLIDAY
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) Resolution levying the special taxes for the
costs of the improvements in the Downtown Business
Improvement District, the Core Business
Improvement District Overlay and the Maintenance
District as approved by the Board of Equalization
on Monday, November 14, 2011.
(ADOPTED, 7-0; A-86603)
2) Resolution setting the hearing date of Monday,
December 19, 2011, at 5:30 p.m. for the assessment
of weed abatement costs incurred by the City of
Lincoln for the period of January 1, 2011 through
December 31, 2011. (ADOPTED, 7-0; A-86604)
3) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
November 7, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, December 12,
2011 at 3:00 p.m. for the application of Meier's
Wine, Inc. dba Wick Alumni Center for a Class I
liquor license at 1520 R Street.
(ADOPTED, 7-0; A-86605)
5) Setting the hearing date of Monday, December 12,
2011 at 3:00 p.m. for the application of Prince
Brothers LLC dba Wahoo's Fish Taco for a Class I
liquor license at 210 N. 14th Street.
(ADOPTED, 7-0; A-86606)
6) Setting the hearing date of Monday, December 12,
2011 at 3:00 p.m. for the application of Kali
Records LLC dba Smooth for a Class C liquor
license at 1644 O Street. (ADOPTED, 7-0;
A-86607)
7) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 05085A - requested by
Olsson Associates, for an amendment to the
Fallbrook Planned Unit Development to expand the
PUD and change the zoning from AG Agricultural
District to B-2 Planned Neighborhood Business
District, on property generally located at
Fallbrook Boulevard and Highway 34.
Special Permit No. 11029 - requested by Derek
Zimmerman for authority to sell alcoholic
beverages for consumption off the premises on
property generally located at SW 16th
Street and West O Street.
Special Permit No. 11030 - requested by Cheryl
Dubas dba Little Munchkinland, for an early
childhood care facility on property generally
located at SW 27th Street and West A
Street.
8) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK
Administrative Amendment No. 11054 - to Use
Permit No. 89C, Pine Ridge, requested by Olsson
Associates, approved by the Planning Director on
November 14, 2011, to revise the lot and parking
layout and expand the building envelope on
property generally located at S. 16th Street
and Pine Lake Road.
9) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 10
THRU 16 HAD 2ND READING, SEE ITEMS 13, 14 & 15)
10) 11-172 Change of Zone 11036 - Application of Robert and
Sally Schmieding for a change of zone from R-2
Residential District to R-5 Residential District
on property generally located at North 40th Street
and Frederick Circle.
Fact Sheet (653K)
11) 11-173 Change of Zone 11037 - Application of the Planning
Director for a change of zone from R-4 Residential
District to B-2 Planned Neighborhood Business
District on property generally located at North
86th Street and Lexington Avenue.
Fact Sheet (585K)
12) 11-175 Vacation No. 11009 - Vacating Bancroft Avenue from
South 49th Street to South 51st Street and South
51st Street from Calvert Street to Bancroft
Avenue.
Fact Sheet (709K)
13) 11-176 Amending Title 24 of the Lincoln Municipal Code by
adding a new Chapter 24.10 to adopt the 2009
edition of the Uniform Plumbing Code, with
amendments, additions and deletions thereto,
regulating and controlling the design,
construction, quality of materials, erection,
installation, alteration, repair, location,
relocation, replacement, addition to, use or
maintenance of any plumbing system in the City of
Lincoln; providing for the issuance of permits and
collection of fees therefor; and repealing Chapter
24.12 of the Lincoln Municipal Code as hitherto
existing. (2ND READING/PUBLIC HEARING CON'T
TO 12/5/11 W/ACTION ON 12/12/11, 7-0)
Fact Sheet (111K)
14) 11-177 Amending Chapter 25.10 of the Lincoln Municipal
Code, the Lincoln Fuel Gas Code, by amending and
adding certain sections to said Chapter 25.10 to
adopt the 2009 International Fuel Gas Code
regulating and governing fuel gas systems and gas-
fired appliances in the City of Lincoln and
providing for the issuance of permits and
collection of fees therefor.(2ND READING/PUBLIC
HEARING CON'T TO 12/5/11 W/ACTION ON 12/12/11, 7-0)
Fact Sheet (118K)
15) 11-178 Amending Chapter 25.04 of the Lincoln Municipal
Code, the Lincoln Mechanical Code to adopt the
2009 edition of the International Mechanical Code
(IMC), with amendments, additions and deletions
thereto. (2ND READING/PUBLIC HEARING CON'T
TO 12/5/11 W/ACTION ON 12/12/11, 7-0)
Fact Sheet (121K)
16) 11-179 Approving an Energy Grant Interlocal Agreement
between the City of Omaha and the City of Lincoln
to accomplish residential and commercial upgrades
in Lincoln under the ReEnergize Program, funded by
the U.S. Department of Energy "Better Buildings
Program."
Attachment (79K)
PUBLIC HEARING - RESOLUTIONS
17) 11R-279 Comp. Plan Conformance No. 11012 - Resolution
of intent to create a Business Improvement
District for the maintenance, repair and
reconstruction of certain public facilities
and improvements in the area of South 48th
Street between Calvert Street and Pioneers
Blvd., to be known as the College View
Business Improvement District.
(ADOPTED, 7-0; A-86608)
Fact Sheet (506K)
Attachment (332K)
18) 11R-280 Approving a Cooperative Agreement between the
Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding State of
Nebraska grant funding from the Stormwater
Management Plan Program.
(ADOPTED, 7-0; A-86609)
Fact Sheet (13K)
Attachment (318K)
19) 11R-281 Approving an Agreement between the City and the
University of Nebraska-Lincoln to conduct
stormwater quality analysis to meet the
requirements of the City's NPDES stormwater permit
for a period of one year from January 1, 2012
through December 31, 2012.
(ADOPTED, 7-0; A-86610)
Fact Sheet (13K)
Attachment (643K)
20) 11R-282 Approving a labor contract between the City of
Lincoln and the Lincoln Police Union to be
effective August 18, 2011.
(ADOPTED, 7-0; A-86611)
Attachment 1 (138K)
Attachment 2 - Redlined Version
21) 11R-283 Approving the selection of Pavers as lowest bidder
and authorizing execution of the construction
contract between the City and the Nebraska Dept.
of Roads for the use of Federal Transportation
Program Funds for Project (Project No.
LCLC-5230(2)), Lincoln Downtown Street
Resurfacing. (ADOPTED, 7-0; A-86612)
Fact Sheet (13K)
Attachment (628K)
22) 11R-284 Approving the selection of Ballou as lowest bidder
and authorizing execution of the construction
contract between the City and the Nebraska Dept.
of Roads for the use of Federal Highway
Transportation Program funds for Project
LCLC-5249(7), Lincoln City Street Microsurface.
(ADOPTED, 7-0; A-86613)
Fact Sheet (13K)
Attachment (260K)
23) 11R-285 Adopting the LES Rate Schedules providing for a
system average rate increase of 3.5%, effective
January 1, 2012. (Action Date: 12/5/11)
Fact Sheet (143K)
Attachment (4260K)
Motion To Amend (6K)
24) 11R-286 Adopting the Lincoln Electric System Annual Budget
for 2012, to become effective January 1, 2012.
(Action Date: 12/5/11)
Fact Sheet (146K)
Attachment (5813K)
Motion To Amend (6K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEM 25
HAD 1ST READING)
25) 11-180 Accepting and approving the Second
Amendment to Lease Agreement between the
City of Lincoln and Lancaster County
School District No. 001 to extend the
term for the lease of office space in
the building located at 949 West Bond
Street.
Fact Sheet (18K)
Attachment (93K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 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)
(11/14/11 - Action Delayed 1 wk to
11/21/11)(PASSED, 5-2; CAMP, CARROLL, EMERY,
HORNUNG, SCHIMEK ASSENTING; COOK, ESKRIDGE DISSENTING;
#19652)
Fact Sheet (4866K)
27) 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)
(11/14/11 - Action Delayed 1 wk to 11/21/11)
(ADOPTED, 5-2; CAMP, CARROLL, EMERY, HORNUNG,
SCHIMEK ASSENTING; COOK, ESKRIDGE DISSENTING;
A-86614)
Fact Sheet (1070K)
28) 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) (11/14/11 -
Action Delayed 1 wk to 11/21/11) (LOST, 2-5; COOK,
ESKRIDGE ASSENTING; CAMP, CARROLL, EMERY, HORNUNG,
SCHIMEK DISSENTING; #38-4612)
Fact Sheet (1465K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED TWO WEEKS)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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, DECEMBER 5, 2011, AT 3:00 P.M.
(APPROVED, 6-0; HORNUNG ABSENT)
38) 11R-287 Assessing the cost of asbestos abatement and
demolition of the dangerous building located at
2011 S. 19th Street.
Fact Sheet (153K)
Attachment (700K)
39) 11R-288 Reappointing Dwight Brown Jr., Scott Hatfield and
Gregory W. Key to the Citizen Police Advisory
Board for three-year terms expiring November 17,
2014.
40) 11R-289 Appointing Kristina Guerrero-Sisneroz to the
Citizen Police Advisory Board for a three-year
term expiring November 17, 2014.
Attachment (88K)
41) 11R-290 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 1 -
15, 2011.
Fact Sheet (14K)
Attachment (20K)
42) 11R-291 Approving the Sub-Grant Award Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln regarding the 2009 Metropolitan
Medical Response System for the Lincoln-Lancaster
County Health Department in the amount of
$321,221.00 for the award period of 9/1/2009
through 7/31/2012.
Fact Sheet (97K)
Attachment (545K)
43) 11R-292 Approving the appointment of Douglas McDaniel as
Personnel Director for the Lincoln-Lancaster
County Personnel Department effective January 3,
2012.
44) 11R-293 Approving an Agreement between the City and the
Lincoln Chamber Economic Development Corp. (LCEDC)
for the promotion of economic development in
Lincoln for a three year term commencing September
1, 2011 through August 31, 2014.
Fact Sheet (42K)
Attachment (726K)
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. THERE WILL ONLY BE ONE
OPEN MICROPHONE SESSION DURING THE MONTH OF NOVEMBER WHICH
WILL BE ON NOVEMBER 21ST AT 5:30 P.M.
ADJOURNMENT 9:32 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