City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 13, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT HORNUNG
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
FEBRUARY 20TH IN OBSERVANCE OF PRESIDENTS' DAY
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF JANUARY 2012 WAS PRESENTED TO
JEFFREY JANDA, BUS OPERATOR FOR THE STARTRAN DIVISION
OF THE PUBLIC WORKS & UTILITIES DEPARTMENT
IN THE CATEGORY OF VALOR
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 approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
December 31, 2011.(ADOPTED, 6-0; A-86693)
2) Report from the City Treasurer of City Cash on
hand at the close of business December 31, 2011.
(PLACED ON FILE)
3) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of December,
2011.(PLACED ON FILE)
4) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
January 30, 2012.(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12004 to Use
Permit No. 117C, Horizon Business Center, approved
by the Planning Director on February 3, 2012
requested by Olsson Associates to increase the
total square footage allocated to Lots 23 and 24
from 48,000 to 59,000 by increasing the overall
permitted square footage for this development by
5,603 square feet or approximately 1% of the total
approved square footage of 582,497 square feet.
Property is generally located at S. 14th Street
and Infinity Court.
6) MISCELLANEOUS REFERRALS
REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No.05004A - Requested by Lenity
Group for an amendment to the Pine Garden Planned Unit
Development to include an approximately 66-bed
memory care facility with approval of a development
plan which proposes modifications to the Zoning
Ordinance, Subdivision Ordinance and Design
Standards, on property generally located at S. 84th
Street and Old Cheney Road.
Change of Zone No. 12002 - Requested by the Director of
Planning, amending Title 27 of the Lincoln Municipal Code,
the Zoning Code, by adding a new section numbered
27.03.417 to provide the definition of "market garden";
amending Sections 27.07.040 and 27.09.040 to add market
gardens as a permitted special use in the AG and AGR
zoning districts, respectively; amending Section 27.63.680
to add market gardens as an exception to a licensed
premises100-foot spacing requirement from a residential
district; adding a new section numbered 27.63.820 to
provide conditions for approval for market gardens as a
permitted special use and to allow certain accessory uses
to market gardens, including the sale of alcoholic
beverages for consumption on the premises; amending
Section 27.67.040 to provide parking requirements for
farm wineries and market gardens; and repealing Sections
27.07.040, 27.09.040, 27.63.680 and 27.67.040 of the
Lincoln Municipal Code as hitherto existing.
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of Asena Corporation dba South Street
Liquor for a Class D liquor license at 1000 South
Street. (ADOPTED FOR APPROVAL, 6-0; A-86694)
8) Manager application of Amanuel T. Tedla for Asena
Corporation dba South Street Liquor at 1000 South
Street. (ADOPTED FOR APPROVAL, 6-0; A-86695)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 9 THRU 19 HAD 2nd READING)
9) 12-9 Approving a Lease Agreement between the City of
Lincoln and Awards Unlimited II LLC for the lease
of a portion of a vacant City owned lot generally
located at 20th and N Streets for a four month
term with the option to renew for an additional
two month term.
Attachment (1454K)
10) 12R-19 Approving the Development and Conditional Zoning
Agreement between Nebraska Nurseries, Inc. and the
City of Lincoln to assure that direct access to
Pioneers Blvd. will be relinquished and that a
public access easement will be granted should the
property generally located at South 80th Street
and Pioneers Blvd. be re-zoned to O-2 Suburban
Office District. (Related Items: 12R-19, 12-10)
(Action Date: 2/27/12)(P.H. CON'T TO 2/27/12, 6-0)
Attachment (130K)
11) 12-10 Change of Zone 11043 - Application of
Nebraska Nurseries Inc. for a change of zone
from R-3 Residential District to O-2 Suburban
Office District on property generally located
southwest of the intersection of South 80th
Street and Pioneers Boulevard. (Related
Items: 12R-19, 12-10) (Action Date:
2/27/12)(P.H. CON'T TO 2/27/12, 6-0)
Fact Sheet (493K)
12) 12-11 Change of Zone 11047 - Application of City
Impact for a change of zone from I-1
Industrial District to R-4 Residential
District on property generally located at
North 33rd Street and Apple Street.
(Related Items: 12-11, 12R-20) (Action
Date: 2/27/12)
Fact Sheet (426K)
13) 12R-20 Special Permit 11033 - Application of City Impact
for a Neighborhood Support Services facility on
property generally located at North 33rd Street
and Overland Trail. (Related Items: 12-11, 12R-
20) (Action Date: 2/27/12)
Fact Sheet (786K)
14) 12-12 Change of Zone 11046 - Application of Gealy
Investments LLC for a change of zone from I-1
Industrial District to AG Agricultural
District on property generally located at
North 134th Street and O Street.
Fact Sheet (299K)
15) 12-13 Amending Chapter 14.75 of the Lincoln
Municipal Code relating to Driveway
Approaches and Curbs by amending Section
14.75.010 to amend the definition of
"regulations" to mean guidelines and
regulations under the City of Lincoln Access
Management Policy; amending Section 14.75.060
to provide that before a permit for a
driveway approach may be denied, the Building
Official or Public Works Official, as
applicable, shall indicate the standards or
requirements that prevent approval of the
permit application; adding a new section
numbered 14.75.065 to provide for the
submission of a request for deviation by the
applicant; adding a new section numbered
14.75.067 to provide the process for
appealing the decision of the Building
Official or Public Works Decision on a
requested deviation; and adding a new section
numbered 14.75.069 to provide the process for
appealing the decision for access on a state
or federal controlled route. (Related
Items: 12-13, 12R-22, 12R-21) (Action Date:
2/27/12)
Fact Sheet (12K)
16) 12R-22 Adopting the City of Lincoln Access Management
Policy to replace the existing Driveway Design
Standards. (Related Items: 12-13, 12R-22, 12R-
21) (Action Date: 2/27/12)
Fact Sheet (60K)
Attachment (1016K)
17) 12R-21 Misc. 11007 - Amending the City of Lincoln Design
Standards to repeal Chapter 4.00 Driveway Design
Standards to allow for the adoption of the City's
Access Management Policy and amending Section 1 of
Chapter 1.00 and repealing Section 2.34 of Chapter
1.00 to clarify the necessity of repealing Chapter
4.00. (Related Items: 12-13, 12R-22, 12R-21)
(Action Date: 2/27/12)
Fact Sheet (23K)
18) 12-14 Amending Chapters 10.06 and 10.44 of the
Lincoln Municipal Code relating to automobile
impoundment by amending Section 10.06.100
relating to parking services; amending
Section 10.06.120 relating to payment of
fines and costs; amending Section 10.06.140
relating to mailing notice of complaint;
adding a new Section 10.44.035 relating to
immobilization of vehicles; and amending
Section 10.44.040 relating to accounting for
fees. (Related Items: 12-14, 12R-24)
(Action Date: 2/27/12)
Fact Sheet (182K)
19) 12R-24 Approving an immobilization release fee of $50 for
the release of a vehicle immobilized by the City,
pursuant to Lincoln Municipal Code §
10.44.035. (Related Items: 12-14, 12R-24)
(Action Date: 2/27/12)
Fact Sheet (170K)
PUBLIC HEARING - RESOLUTIONS
20) 12R-18 Approving a Contract Agreement between the City of
Lincoln and Windstream for Upgrade of 911
Telephone System Maintenance, pursuant to Bid No.
11-146 for a 60 month term. (ADOPTED, 6-0; A-86696)
Fact Sheet (125K)
Attachment (3548K)
21) 12R-23 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 16 -
31, 2012. (ADOPTED, 6-0; A-86697)
Fact Sheet (14K)
Attachment (17K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
22) 12-7 Amending Title 20 of the Lincoln Municipal Code by
adding a new Chapter 20.12 to adopt the 2009
edition of the International Residential Code
regulating and controlling the design,
construction, quality of materials, erection,
installation, alteration, repair, location,
relocation, replacement, addition to, use or
maintenance of one- and two-family dwellings and
townhouses in the City of Lincoln; and repealing
Chapter 20.10 of the Lincoln Municipal Code as
hitherto existing. (PASSED, 6-0; #19674)
Fact Sheet (195K)
23) 12-8 Approving a reduction in the Fiscal Year 2011-12
CIP Budget in the amount of $105,000.00 in Parks
and Recreation Department Maintenance and the
transfer of CIP appropriations within the Parks
and Recreation Department. (PASSED, 6-0; #19675)
Fact Sheet (112K)
PENDING LIST - DATE CERTAIN
24) 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) (2/6/12 - Action
Delayed 3 wks. to 2/27/12)
Attachment 1 (83K)
Attachment 2 (45K)
PENDING LIST (EXTENDED TWO WEEKS)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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, FEBRUARY 27, 2012, AT 5:30 P.M.
(APPROVED, 6-0)
34) 12R-25 Misc. No. 11008 Declaring the Theresa Street
Redevelopment Area as blighted and substandard in
an estimated 114 acres generally bounded between
Cornhusker Highway and Salt Creek Roadway, from
approximately North 20th Street at the west
boundary to approximately North 27th Street at the
east boundary.
Attachment (4795K)
Fact Sheet (661K)
35) 12R-26 Authorizing the transfer of an amount not to
exceed $700,000 from the Fast Forward Fund to the
Public Works Street Construction Fund for
installation of a 4 inch conduit to complete a
fiber network grid in conjunction with the
downtown street repaving project.
Fact Sheet (9K)
36) 12R-27 Appointing Elizabeth Kennedy-King to the Lincoln
Commission on Human Rights for a term expiring
December 31, 2014.
Attachment (70K)
37) 12R-28 Appointing Peter Hind to the Urban Design
Committee for a term expiring February 1, 2015.
Attachment (95K)
38) 12R-29 Reappointing Joanne Kissel to the Urban Design
Committee for a term expiring February 1, 2015.
39) 12R-30 Appointing Christie Dionisopoulos to the Capitol
Environs Commission for a term expiring January 9,
2015.
Attachment (69K)
40) 12R-31 Reappointing Cecil Steward to the Capitol Environs
Commission for a term expiring January 9, 2015.
41) 12R-32 Reappointing Todd Blome to the Audit Advisory
Board for a term expiring March 2, 2015.
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 FEBRUARY ARE THE 13TH AND
27TH.
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