City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, DECEMBER 19, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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) Setting the Hearing date of Monday, January 23,
2012, at 3:00 p.m. for Public Works Board of
Equalization on special assessment districts
being Sewer District 1185, Water District 1201
and Alley Re-Paving District 49. (ADOPTED, 6-0;
A-86646)
2) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of October,
2011. (PLACED ON FILE)
3) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on December 5, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
4) Setting the hearing date of Monday, January 9,
2012 at 3:00 p.m. for the application of P.R.
Ventures, LLC dba Nebraska Champions Club for a
Class CK liquor license located at 707 Stadium
Drive. (ADOPTED, 6-0; A-86647)
5) Setting the hearing date of Monday, January 9,
2012 at 3:00 p.m. for the application of BSR,
Inc. dba The Office for a Class C liquor license
located at 640 W. Prospector, #200.
(ADOPTED, 6-0; A-86648)
6) Setting the hearing date of Monday, January 9,
2012 at 3:00 p.m. for the application of ZRC
Operations Company, Inc. dba Qdoba Mexican Grill
for a Class A liquor license located at 211 N.
12th Street. (ADOPTED, 6-0; A-86649)
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11051 to Use
Permit No. 128B, Morning Glory Estates, approved
by the Planning Director on December 7, 2011
requested by Liberty First Credit Union to
revise the boundary of the use permit by
removing the area labeled Lot 1, Block 1, on
property generally located at N. 84th St. and
Lexington Ave.
Administrative Amendment No. 11064 to Use
Permit No. 11001 approved by the Planning
Director on December 9, 2011 requested by Olsson
Associates to revise the building envelope on
property generally located at West A St. and
Highway 77.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9
THRU 12 HAD 2ND READING)
9) 11-189 Approving a Lease Agreement between the City of
Lincoln and the Lincoln Trap and Skeet Club for
a portion of Boosalis Park located at North 44th
Street and Superior Street to be used as a
public Sporting Clays Range for a 15 year term.
Fact Sheet (118K)
Attachment (745K)
10) 11R-306 Comp. Plan Amendment No. 11007 - Application of
the Planning Director on behalf of Nebco, Inc.
to amend the 2040 Lincoln-Lancaster County
Comprehensive Plan by changing the Future Land
Use Plan from Urban Residential to Commercial on
property generally located at Highway 34 and
Fallbrook Boulevard. (Related Items: 11R-306,
11-187, 11-188) (Action Date: 1/9/12)
Fact Sheet (934K)
11) 11-187 Annexation No. 11003 - Amending the Lincoln
Corporate Limits Map by annexing approximately
10 acres generally located at Fallbrook
Boulevard and Tallgrass Parkway. (Related
Items: 11R-306, 11-187, 11-188) (Action Date:
1/9/12)
Fact Sheet (614K)
Attachment (376K)
12) 11-188 Change of Zone No. 05085A - Application of
Nebco, Inc. to amend the Fallbrook Planned Unit
Development to expand the PUD and change the
zoning from AG Agricultural District to B-2
Planned Neighborhood Business District PUD, on
property generally located at Fallbrook
Boulevard and Highway 34; for a Planned Unit
Development designation of said property; and
for approval of a development plan which
proposes waivers and modifications to the Zoning
and Land Subdivision Ordinance to allow
approximately 220,000 square feet of additional
commercial floor area, on the underlying B-2
zoned area, for a total of approximately 900,000
square feet of commercial floor area in the
entire PUD. (Related Items: 11R-306, 11-187,
11-188) (Action Date: 1/9/12)
Fact Sheet (3988K)
Attachment (105K)
PUBLIC HEARING - RESOLUTIONS
13) 11R-301 Approving a Contract Agreement between the City
of Lincoln and Thermo King Christensen Inc. for
the annual supply of Vehicle Filters, pursuant
to Quote 3709, for a two year term with the
option to renew for one additional two year
term, effective upon execution by all the
parties. (ADOPTED, 6-0; A-86650)
Fact Sheet (124K)
Attachment (2219K)
14) 11R-302 Approving a Contract Agreement between the City
of Lincoln and Sapp Bros. Petroleum, Inc. for
the annual supply of Motor Fuel, pursuant to Bid
No. 11-221 for a two year term with the option
to renew for one additional two year term,
effective upon execution by all the parties.
(ADOPTED, 6-0; A-86651)
Fact Sheet (107K)
Attachment (3326K)
15) 11R-303 Approving a Contract Agreement between the City
of Lincoln, Lancaster County, the
Lincoln-Lancaster County Public Building
Commission and Electech, Inc. for the annual
requirements for Elevator Maintenance and
Testing, pursuant to RFP Bid No. 11-206 for a
four year term with the option to renew for one
additional four year term effective upon
execution by all the parties.
(ADOPTED, 6-0; A-86652)
Fact Sheet (381K)
Attachment (4345K)
16) 11R-304 Assessing the costs incurred for cutting,
clearing and removing weeds against the various
benefitted properties for the period of January
1, through December 31, 2011.
(ADOPTED, 6-0; A-86653)
Attachment (1192K)
17) 11R-305 Approving a Contract Agreement between the City
of Lincoln and Judds Brothers Construction Co.
for Replacement of Variable Frequency Drives for
High Pressure Pumps and Replacement of Pump 3 at
the Ashland Water Treatment Plant pursuant to
Bid No. 11-218 (City Project No. 701116).
(ADOPTED, 6-0; A-86654)
Fact Sheet (12K)
Attachment (4430K)
18) 11R-307 Approving an Addendum to Interlocal Agreement
between the City of Lincoln and University of
Nebraska-Lincoln for food handler training
programs to provide new sharing protocol to the
Lincoln-Lancaster County Health Department
regarding access on a daily basis to data on
food handlers trained through the UNL online
training program. (ADOPTED, 6-0; A-86655)
Fact Sheet (114K)
Attachment (544K)
19) 11R-308 Approving a Title Sponsorship Agreement between
the City of Lincoln, the West Haymarket Joint
Public Agency and Pinnacle Bank for exclusive
title sponsorship by Pinnacle Bank of the Arena.
(ADOPTED, 6-0; A-86656)
Fact Sheet (9K)
Attachment (2481K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 20 &
21 HAD 1ST READING)
20) 11-190 Authorizing and providing for the issuance of a
Community Development Revenue Note, (10th and
Military Creekside Village Project) in a total
principal amount not to exceed $800,000.00.
(Request 2nd, 3rd Readings on 1/9/12)
21) 11-191 Approving a Real Estate Purchase Agreement and
Lease Agreement between the Lincoln-lancaster
County Public Building Commission on behalf of
the City of Lincoln and Lancaster County &
Alfred Benesch & Company for the purchase and
lease back of property located at 825 J Street.
Attachment (1243K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 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. (PASSED, 6-0; #19661)
Fact Sheet (526K)
23) 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. (PASSED, 6-0; #19662)
24) 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.
(PASSED, 6-0; #19663)
Fact Sheet (97K)
Attachment (1757K)
25) 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.
(PASSED, 6-0; #19664)
Fact Sheet (109K)
Attachment (333K)
26) 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.
(PASSED, 6-0; #19665)
Fact Sheet (152K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED THREE WEEKS)
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, JANUARY 9, 2012, AT 3:00 P.M.
(APPROVED, 6-0)
36) 11R-309 Approving JJ's Bar & Grill as a keno satellite
site at 2310 North 1st Street, Suite 7-9.
Fact Sheet (91K)
37) 11R-310 Approving a Construction Engineering Agreement
between the City of Lincoln and the State of
Nebraska Department of Roads to allow the use of
Federal Surface Transportation Program Funds for
construction engineering services for the
Lincoln Downtown Street Resurfacing project.
City Project No. 540021. State Project No.
LCLC-5230(2), CN 13140.
Fact Sheet (13K)
Attachment (1442K)
38) 11R-311 Approving a Construction Engineering Agreement
between the City of Lincoln and the State of
Nebraska Department of Roads to allow the use of
Federal Surface Transportation Program Funds for
construction engineering services for the
Lincoln Citywide Street Micro-surfacing project.
City Project No. 540024. State Project No.
LCLC-5249(7), CN 13139.
Fact Sheet (13K)
Attachment (1379K)
39) 11R-313 Approving the appointment of Miki Esposito as
Director of the Public Works and Utilities
Department effective December 12, 2011.
40) 11R-314 Reappointing Dan Harshman, W. Don Nelson and
Matt McNair to the Lincoln Electric System
Administrative Board for three-year terms
expiring December 31, 2014.
41) 11R-315 Reappointing Steve Masters to the District
Energy Corporation for a two-year term expiring
December 31, 2013.
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 7:27 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