City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
IMMEDIATELY PRECEDING THE REGULAR COUNCIL MEETING
THE CITY COUNCIL WILL CONVENE AS THE
BOARD OF EQUALIZATION TO EQUALIZE THE ASSESSMENTS FOR
WATER DISTRICT 1201, SEWER DISTRICT 1185 AND
ALLEY RE-PAVING DISTRICT 49
(APPROVED AS ASSESSED, 7-0)
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 23, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
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) 12R-4 Reappointing Wendy Francis and Bennie
Shobe to the Human Rights Commission for
terms expiring December 31, 2014.
(ADOPTED, 7-0; A-86675)
2) 12R-5 Appointing Zainab Al-Baaj to the StarTran
Advisory Board for a term expiring October
20, 2014. (ADOPTED, 7-0; A-86676)
Attachment (95K)
3) 12R-13 Appointing Dr. M. Colleen Jones to the Cable
Advisory Board for a term expiring on July 1,
2013. (ADOPTED, 7-0; A-86677)
Attachment (93K)
4) Clerk's letter and Mayor's approval of resolutions
and ordinances passed by the City Council on
December 19, 2011. (PLACED ON FILE)
5) Lincoln Water & WasteWater System Recapitulation
of Daily Cash Receipts for November 2011.
(PLACED ON FILE)
6) Lincoln Water and Wastewater System Fiscal Year
2010- 2011 Audit. (PLACED ON FILE)
7) Report of Settlement Agreement under Neb.
Rev. Stat. §84-173. (non tort claims)
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) Setting the Hearing Date of Monday, February 13,
2012 at 3:00 p.m. for the application of Asena
Corporation dba South Street Liquor for a Class D
liquor license located at 1000 South Street.
(ADOPTED, 7-0; A-86678)
9) REFERRED TO PLANNING DEPARTMENT:
Change of Zone 05068B - Requested by
Calruby, LLC for an amendment to The
Woodlands at Yankee Hill Planned Unit
Development from AG Agricultural District to
R-3 Residential District PUD on approximately
22.62 acres, more or less, on property
located at South Street and Yankee
Hill Road.
Change of Zone 11044 - Requested by
Planning Director from P Public Use District to R-
7 Residential District on property located at
North 17th Street and R Street.
Change of Zone 11045 - Requested by
ESP, Inc from R-2 Residential District, I-1
Industrial District and R-5 Residential District
to H-3 Highway Commercial District on property
located at North 40th Street and Colfax Avenue.
Change of Zone 11046 - Requested by Michael
Gealy from I-1 Industrial District to AG
Agricultural District on property located at North
134th Street and O Street.
Change of Zone 11047 - Requested by City
Impact from I-1 Industrial District to R-4
Residential District on property located at North
33rdStreet and Apple Street.
Special Permit 04023A - Requested by
City Impact for an amendment to the Flat Iron
Crossing Community Unit Plan to add 9 residential
lots and a 45 stall parking lot; the existing lots
9-14 and 23-24 to reflect the dimensions of 2 new
duplexes and a single family dwelling and allow
for expansion to the existing Kamterter building;
and reduction to setbacks on property located at
North 33rd Street and Overland Trail.
Special Permit 11033 - Requested by City
Impact for a "Neighborhood Support Services"
building within the existing Flat Iron Crossing
Community Unit Plan on property located at
North Street and Overland
Trail.
10) PLACED ON FILE IN THE CITY CLERK'S OFFICE:
Administrative Amendment 11071 to Special
Permit No. 440, approved by Planning Director on
January 11, 2012, requested by Milder Manor, to
revise the site plan to show an additional canopy
over the driveway entrance, on property located at
South 20th Street and Sumner Street.
Administrative Amendment 11073 to Pre-
Existing Use Permit No. 3, approved by the
Planning Director on January 12, 2012, requested
by WEA Gateway, LLC, to revise the parking table
to Westfield Gateway Shopping Town, on property
located at 63rd Street and O Street.
11) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEM 12
HAD 2ND READING)
12) 12-2 Amending Chapter 10.16 of the Lincoln Municipal
Code (Driving While Intoxicated, Unlicensed or
Uninsured) by amending Section 10.16.030 relating
to the penalty for driving under the influence of
alcoholic liquor to comply with state statute; by
amending Section 10.16.040 relating to the penalty
for refusing to submit to a chemical test of
blood, breath or urine test to determine the
concentration of alcohol or the presence of drugs
in such blood, breath or urine to comply with
state statute; and amending Section 10.16.045
relating to restrictions imposed for a second
violation of Section 10.16.030 or 10.16.040 to
comply with state statute, and declaring an
emergency.
Fact Sheet (17K)
PUBLIC HEARING - RESOLUTIONS
13) 12R-1 Approving an Amendment to Contract for Annual
Requirements for Fluorescent Bulb Recycling
Services, Bid No. 2807, to renew Contract C-
09-0642 with A-TEC Recycling, adopted by
Resolution No. A-85684 on January 14, 2010,
for one additional two year term from January
14, 2012 through January 13, 2014.
(ADOPTED, 7-0; A-86679)
Fact Sheet (104K)
Attachment (301K)
14) 12R-2 Approving an Amendment to Agreement for
Business Card and Letterhead Printing, Bid
No. 09-219, to renew Agreement No. 09-0636
with Cornerstone Printing and Imaging,
adopted by Resolution No. A-85683 on January
11, 2010, for one additional two year term
from January 14, 2012 through January 13, 2014.
(ADOPTED, 7-0; A-86680)
Fact Sheet (141K)
Attachment (189K)
15) 12R-6 Approving a Contract Agreement between the
City of Lincoln, Lancaster County and En
Pointe Technologies Sales, Inc. for
Commercial Off the Shelf (COTS) Software and
Related Services (State of Nebraska Contract
13093 OC WSCA Master Price Agreement ADSP011-
00000358-1) for a term from November 21, 2011
through June 2, 2013. (ADOPTED, 7-0; A-86681)
Fact Sheet (141K)
Attachment (10448K)
16) 12R-11 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2011. (MTA #1 ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-86682)
Fact Sheet (14K)
Attachment (23K)
Motion To Amend (6K)
17) 12R-7 Special Permit No. 11031 - Application of
First Street Bible Church for a parking lot
adjacent to the church in a residential
district, with a request to waive the
required front yard setback along 1st Street
and G Street on property generally located at
South 1st Street and G Street. (ADOPTED, 7-0;
A-86683)
Fact Sheet (337K)
18) 12R-8 Comp. Plan Amendment No. 11004 - Application
of the Planning Director to amend the 2040
Comprehensive Plan to designate land
generally located west of North 56th Street
between Alvo Road and Arbor Road as Tier I,
Priority A, and to revise the text on the
2040 Priority Growth Areas map to replace the
notation "Downtown/Antelope Valley" with
"Greater Downtown." (ADOPTED, 7-0; A-86684)
Fact Sheet (1741K)
19) 12R-9 Comp. Plan Amendment No. 11005 - Application
of the Planning Director to amend the 2040
Comprehensive Plan by revising the credits
page; Chapter 1, Vision & Plan, LPlan 2040
Elements; Chapter 12, Plan Realization,
Public Sector Contributions; and Chapter 12,
Plan Realization, Plan Update Process, to
clearly differentiate the Comprehensive Plan
document from the Long Range Transportation
Plan document so that the intent of each
document is more clearly understood.
(ADOPTED, 7-0; A-86685)
Fact Sheet (21K)
20) 12R-10 Comp. Plan Amendment No. 11006 - Application of
the Planning Director to amend the 2040
Comprehensive Plan to add introductory language
clarifying the Plan's purpose as a policy guide.
(LOST, 3-4; CAMP, EMERY, HORNUNG ASSENTING; CARROLL,
COOK, ESKRIDGE, SCHIMEK DISSENTING; #38-4613)
Fact Sheet (1927K)
Motion To Amend (14K)
21) 12R-12 Approving the amendment to the Block 85
Redevelopment Agreement between Block 85 LLC,
Booth Fisheries LLC and the City of Lincoln
relating to the redevelopment of property
generally located on Block 85 from 8th to 9th
Streets and M Street to Rosa Parks Way.
(AMENDED, 7-0; ADOPTED AS AMENDED 7-0;
A-86686)
Fact Sheet (128K)
Attachment (2844K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 22
THRU 24 HAD 1ST READING)
22) 12-3 Amending Chapter 28.01 of the Lincoln Municipal
Code relating to Regulations for Construction Site
Discharges to meet all state and federal
requirements.
Fact Sheet (100K)
23) 12-4 Annexation No. 11004 - Amending the Lincoln
Corporate Limits Map by annexing approximately 418
acres generally located at North 48th Street,
north of Superior Street.
Fact Sheet (445K)
Attachment (301K)
24) 12-5 Change of Zone No. 11041 - Application of the
Planning Director on behalf of City Parks and
Recreation Department for a change of zone from AG
Agricultural, R-3 Residential and H-4 General
Commercial to P Public Use on property generally
located at North 44th Street, north of Superior
Street.
Fact Sheet (1007K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
PENDING LIST - DATE CERTAIN
25) 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. (Request
to continue P.H. to 1/30/12) (1/9/12 - P.H. con't
to 1/30/12 w/Action on 2/6/12)
Attachment A (1243K)
Attachment B (1418K)
PENDING LIST (EXTENDED ONE WEEK)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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 30, 2012, AT 5:30 P.M.
(APPROVED 7-0)
35) 12R-3 Assessing nuisance abatement costs associated
with the clean up work by the Building and
Safety Department on the property generally
located at 2304 South 24th Street.
Fact Sheet (100K)
Attachment (665K)
36) 12R-14 Authorizing a request to the State of Nebraska,
Board of Public Roads Classifications and
Standards, for relaxation of standards for Other
Arterials to allow using the North 27th Street
Viaduct over the Burlington Northern Santa
railroad tracks for the 27th Street Rehabilitation
Project, City Project 540023.
Fact Sheet (12K)
37) 12R-15 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 1 - 15,
2012.
Fact Sheet (14K)
Attachment (18K)
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. OPEN MICROPHONE
SESSIONS FOR THE MONTH OF JANUARY ARE THE 9TH AND
30TH.
ADJOURNMENT 4:42 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