City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 5, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT SCHIMEK
THERE WILL BE NO MEETING THE WEEK OF DECEMBER 26 AND
THE WEEK OF JANUARY 2, 2012 DUE TO THE HOLIDAYS
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) 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. (ADOPTED, 6-0; A-86615)
2) 11R-289 Appointing Kristina Guerrero-Sisneroz to the
Citizen Police Advisory Board for a three-year
term expiring November 17, 2014.
(ADOPTED, 6-0; A-86616)
Attachment (88K)
3) 11R-292 Approving the appointment of Douglas McDaniel as
Personnel Director for the Lincoln-Lancaster
County Personnel Department effective January 3,
2012. (ADOPTED, 6-0; A-86617)
4) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
October 31, 2011. (ADOPTED, 6-0; A-86618)
5) Report from City Treasurer of City Cash on hand
at the close of business October 31, 2011.
(PLACED ON FILE)
6) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on November 14, 2011.
(PLACED ON FILE)
7) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on November 21, 2011.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) Setting the hearing date of Monday, December 12,
2011 at 3:00 p.m. for the application of
Cheddar's Casual Café, Inc. dba Cheddar's Casual
Café for a Class I liquor license located at
5424 East O Street. (ADOPTED, 6-0; A-86619)
9) Informal petition to create emergency sewer and
water districts on property located at 6701
Almira Lane submitted by Terry S. Williams.
(REFERRED TO PUBLIC WORKS DEPT. ON 11/22/11)
10) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11044 to Use
Permit No. 123E, Landmark Corporate Center,
approved by the Director on November 15, 2011
requested by Olsson Associates to revise the
boundary of the use permit to remove land
recently rezoned R-5 and H-3 from Landmark
Corporate Center on property generally located
at N. 33rd St. and Folkways Blvd.
Administrative Amendment No. 11056 to
Special Permit No. 05054, Rambling Rose Acres
Community Unit Plan, approved by the Director on
November 16, 2011 requested by ESP, Inc. on
behalf of Goings Homes to revise the internal
build-thru building envelope on Lot 1, Block 2
on property generally located at Highway 77 and
Bennet Rd.
Administrative Amendment No. 11061 to
Special Permit No. 1992A, Edenton Woods
Community Unit Plan, approved by the Director on
November 18, 2011 requested by Olsson Associates
to include an adjustment of the setbacks for Lot
16, Block 2 by adjusting the rear setback to 10
feet for decks and adjusting the front setback
to 10 feet for that portion of the front lot
line adjacent to the curve of the cul-de-sac
bulb on property generally located at Ashbrook
Dr. and Highway 2.
Administrative Amendment No. 11059 to Use
Permit No. 29A approved by the Director on
November 21, 2011 requested by Olsson Associates
to add parking stalls and increase in total
allowed from 70,010 to 72,000 sq. ft. on
property generally located northwest of S. 40th
St. and Old Cheney Rd.
Administrative Amendment No. 11062 to
Special Permit No. 1989A, Tamarin Ridge,
approved by the Planning Director on November
22, 2011 requested by Design Associates to
reduce the internal side yards from ten feet to
zero feet and to revise the land use on Lot 3 to
Commercial on property generally located at S.
27th St. and Kendra Ln.
Administrative Amendment No. 11055 to
Special Permit No. 1762D, Vintage Heights
Community Unit Plan, approved by the Planning
Director on November 23, 2011 requested by
Barclay Construction to adjust the rear setback
to 15 feet for uncovered, unenclosed decks for
Lots 17-34, Block 23, on property generally
located northeast of S. 84th St. and Pine Lake
Rd.
Waiver No. 11024 to Change of Zone No.
07019, Glynoaks Planned Unit Development,
approved by the Planning Director on November
23, 2011 requested by REGA Engineering Group,
Inc. to allow outdoor lighting up to 6,500
lumens using semi-cutoff fixtures for property
generally located at S. 84th St. and Glynoaks
Dr.
11) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
12) Application of TLR Inc. dba Holmes Golf Course
for a Class C liquor license at 3701 South 70th
Street. (ADOPTED FOR APPROVAL, 5-1; CARROLL, COOK,
EMERY, ESKRIDGE, HORNUNG ASSENTING; CAMP DISSENTING;
A-86620)
13) Manager application of Timothy L. Rowland for
TLR Inc. dba Holmes Golf Course at 3701 South
70th Street. (ADOPTED FOR APPROVAL; 6-0;
A-86621)
14) Application of TLR Inc. dba Pioneers Golf Course
for a Class C liquor license at 3403 West Van
Dorn Street. (ADOPTED FOR APPROVAL, 5-1; CARROLL,
COOK, EMERY, ESKRIDGE, HORNUNG ASSENTING;
CAMP DISSENTING; A-86622)
15) Manager application of Timothy L. Rowland for
TLR Inc. dba Pioneers Golf Course at 3403 West
Van Dorn Street. (ADOPTED FOR APPROVAL; 6-0;
A-86623)
16) Application of Denis Vontz dba Mahoney Golf
Course for a Class I liquor license at 7900
Adams Street. (ADOPTED FOR APPROVAL; 6-0;
A-86624)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 17 THRU
20 HAD 2ND READING)
17) 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)
18) 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. (11/21/11 - Con't.
2nd Reading/P.H. to 12/5/11 w/Action on
12/12/11)
Fact Sheet (111K)
19) 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. (11/21/11 -
Con't. 2nd Reading/P.H. to 12/5/11
w/Action on 12/12/11)
Fact Sheet (118K)
20) 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. (11/21/11 - Con't.
2nd Reading/P.H. to 12/5/11 w/Action on
12/12/11)
Fact Sheet (121K)
PUBLIC HEARING - RESOLUTIONS
21) 11R-287 Assessing the cost of asbestos abatement and
demolition of the dangerous building located at
2011 S. 19th Street. (ADOPTED, 6-0; A-86625)
Fact Sheet (153K)
Attachment (700K)
22) 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. (ADOPTED, 6-0; A-86626)
Fact Sheet (14K)
Attachment (20K)
23) 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. (ADOPTED, 6-0; A-86627)
Fact Sheet (97K)
Attachment (545K)
24) 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. (ADOPTED, 5-0; HORNUNG ABSTAINING; A-86628)
Fact Sheet (42K)
Attachment (726K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 25 THRU
29 HAD 1ST READING)
25) 11-181 Change of Zone 11039 - Application of
Grandmother's, Inc. and Prairie Life Limited
Partnership for a change of zone from R-3
Residential District and O-3 Office Park
District to B-2 Planned Neighborhood Business
District on property generally located northwest
of the intersection of South 70th Street and A
Street.
Fact Sheet (526K)
26) 11-185 Approving the issuance by the City of its
educational facilities revenue and refunding
bonds (Nebraska Wesleyan University Project) in
the amount of $21,000,000.
27) 11-183 Approving a Sublease Agreement between the City
and DAS/State Building Division on behalf of
Nebraska Department of Education, Vocational
Rehabilitation Services, at the One Stop Career
Center at 1010 N Street for providing job
training and employment services under the
Workforce Investment Act for a term of January
1, 2012 through December 31, 2015.
Fact Sheet (97K)
Attachment (1757K)
28) 11-184 Creating a Business Improvement District for the
maintenance, repair and reconstruction of
certain public facilities and improvements
within the area generally located along South
48th Street between Calvert Street and Pioneers
Boulevard and providing for special assessments
to be imposed within the district.
Fact Sheet (109K)
Attachment (333K)
29) 11-186 Amending Table 1A of Section 20.08.090 of the
Lincoln Municipal Code relating to Building Code
Permit Fees to include the $50.00 base fee
applied to every commercial project regardless
of the valuation of construction.
Fact Sheet (152K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
30) 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. (PASSED, 6-0; #19653)
Fact Sheet (653K)
31) 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.
(PASSED, 6-0; #19654)
Fact Sheet (585K)
32) 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. (PASSED, 6-0; #19655)
Fact Sheet (709K)
33) 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." (PASSED, 6-0; #19656)
Attachment (79K)
RESOLUTIONS - ACTION ONLY
34) 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)
(Request to Delay Action 1 week to 12/12/11)
(ACTION DELAYED ONE WEEK TO 12/12/11, 6-0)
Fact Sheet (143K)
Attachment (4260K)
Motion To Amend (6K)
35) 11R-286 Adopting the Lincoln Electric System Annual
Budget for 2012, to become effective January 1,
2012. (Action Date: 12/5/11) (Request to
Delay Action 1 week to 12/12/11) (ACTION DELAYED
ONE WEEK TO 12/12/11, 6-0)
Fact Sheet (146K)
Attachment (5813K)
Motion To Amend (6K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
36) 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)
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)
44) 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 12, 2011, AT 3:00 P.M.
(APPROVED, 6-0)
45) 11R-299 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of November 16 -
30, 2011.
Fact Sheet (14K)
Attachment (21K)
46) 11R-294 Approving Contract Documents between the City of
Lincoln and Thien Farm Management, Inc. for the
annual requirements for Farm Management pursuant
to Bid No. 11-165 for a four-year term with the
option to renew for one additional four-year
term.
Fact Sheet (115K)
Attachment (21875K)
47) 11R-295 Rescinding Resolution No. A-81080 adopted by the
City Council on September 10, 2001 for the use
of public right-of-way in Peach Street between
South 6th and South 7th Street.
Fact Sheet (12K)
Attachment (47K)
48) 11R-296 Application of WRK Real Estate LLC to use the
public right-of-way at 210 North 14th Street for
the construction of a raised dock area for
outdoor dining in the right-of-way and sidewalk
space.
Fact Sheet (13K)
Attachment (4860K)
49) 11R-297 Application of WRK Real Estate LLC to use the
public right-of-way at 301 South 9th Street for
the construction of an accessible ramp and
landing for access to an existing entrance or
exit to the property.
Fact Sheet (13K)
Attachment (5443K)
50) 11R-298 Approving a Preliminary Engineering and National
Environmental Policy Act (NEPA) Services
Agreement between the City of Lincoln and E&A
Consulting Group to provide preliminary and
final design services and environmental re-
evaluation services for the South 56th Street,
Shadow Pines Drive to Old Cheney Road project.
Fact Sheet (12K)
Attachment (4964K)
51) 11R-300 Approving a three-year contract between the City
of Lincoln and Continuum Employee Assistance
Training Consulting for employee assistance
program services for a three-year period from
January 1, 2012 through December 31, 2014.
Fact Sheet (44K)
Attachment (513K)
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
DECEMBER WHICH WILL BE ON DECEMBER 19TH AT 5:30 P.M.
ADJOURNMENT 4:57 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