City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 12, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
MAYOR'S AWARD OF EXCELLENCE FOR FEBRUARY 2012
WAS PRESENTED TO A TEAM FROM THE
PUBLIC WORKS & UTILITIES STREET MAINTENANCE OPERATIONS DIVISION
COMPRISED OF PUBLIC WORKS EQUIPMENT OPERATORS
DOUGLAS MILLER, GALE OGG AND LANCE SITTNER
IN THE CATEGORIES OF CUSTOMER RELATIONS AND 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
January 31, 2012. (ADOPTED 7-0; A-86716)
2) Clerk's Letter and Mayor's Approval of Resolutions
and Ordinances passed by the City Council on
February 27, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
NONE
3) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
4) Application of Whitehead Oil Company dba U-Stop
#27 for a Class D liquor license at 1301 South
Street. (ADOPTED FOR APPROVAL, 7-0; A-86717)
5) Manager application of Britany S. Grady for
Whitehead Oil Company dba U-Stop #27 at 1301 South
Street. (ADOPTED FOR APPROVAL, 7-0; A-86718)
6) Application of Greenfields Cafe‚ Inc. dba
Greenfields for a Class CK liquor license at 7900
S. 87th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86719)
7) Manager application of James A. Donaldson for
Greenfields Cafe‚ Inc. dba Greenfields at 7900 S.
87th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86720)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8
THRU 10 HAD 2ND READING, SEE ITEM 9)
8) 12-20 Change of Zone 05004A - Application of Lenity
Group and Realty Trust Group to amend the
Pine Garden Planned Unit Development to
replace 28 dwelling units with a 66-bed
memory care facility and to reduce the total
commercial floor area from 25,300 square feet
to 17,420 square feet, on property generally
located northwest of the intersection of
South 84th Street and Old Cheney Road.
Fact Sheet (649K)
Motion To Amend (6K)
9) 12-21 Change of Zone 11040 - Amending Section
27.67.040 of the Lincoln Municipal Code
relating to special parking requirements to
delete special parking requirements for
rooming and boarding houses and to revise the
parking requirements for fraternities and
sororities. (CON'T 2ND READING W/P.H. TO
4/23/12, 7-0)
Fact Sheet (491K)
Motion To Amend (6K)
10) 12-22 Change of Zone 11042 - Application of
Lancaster County School District #1 for a
change of zone from R-1 Residential District,
R-2 Residential District, B-1 Local Business
District, and H-2 Highway Business District
to B-1 Local Business District PUD on
property generally located at the southwest
corner of Lyncrest Drive and O Street, for a
planned unit development district designation
of said property, and approval of a
development plan to allow office and
commercial uses not exceeding approximately
183,000 square feet in floor area.
Fact Sheet (9605K)
Motion To Amend (7K)
PUBLIC HEARING - RESOLUTIONS
11) 12R-36 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 16 -
29, 2012. (ADOPTED, 7-0; A-86721)
Fact Sheet (14K)
Attachment (18K)
12) 12R-34 Approving an Interlocal Cooperation Agreement for
Saline Wetlands between the City of Lincoln, Lower
Platte South Natural Resources District, and
Nebraska Game & Parks Commission for the
cooperative development, administration,
implementation, management, and evaluation of the
"Implementation Plan for the Conservation of
Nebraska's Eastern Saline Wetlands" for a term of
three years and four months beginning March 1,
2012. (ADOPTED, 7-0; A-86722)
Fact Sheet (126K)
Attachment (4803K)
13) 12R-35 Special Permit No. 12001 - Application of Umbay
Corporation to develop a health care facility for
an assisted living facility on property generally
located at 2231 West O Street.
(ADOPTED, 7-0; A-86723)
Fact Sheet (641K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)(ITEMS 14
THRU 17 HAD 1ST READING)
14) 12-23 Annexation No. 11004 - Amending Ordinance No.
19672 passed on February 6, 2012 to correct
the legal description regarding the
annexation of approximately 418 acres of
property generally located at North 48th
Street, north of Superior Street, to conform
with the legal description to the Corporate
Limits Map attached to Ordinance No. 19672.
Fact Sheet (7K)
Attachment (121K)
15) 12R-39 Approving the West Haymarket Redevelopment
Agreement between TDP Phase One LLC and the City
relating to the redevelopment of property
generally located between 7th and the future
Pinnacle Arena Drive, and Q and R Streets.
(Related Items: 12R-39, 12R-40, 12R-41) (Action
Date: 3/26/12)
Fact Sheet (148K)
Attachment (9090K)
16) 12R-40 Amending the FY 11/12 CIP to authorize and
appropriate $7,385,000 in TIF funds for the West
Haymarket Redevelopment Project generally located
between 7th and the future Pinnacle Arena Drive,
and Q and R Streets. (Related Items: 12R-39,
12R-40, 12R-41) (Action Date: 3/26/12)
Fact Sheet (150K)
17) 12-24 Authorizing the issuance of tax allocation
bonds in an amount not to exceed $7,385,000
for the City of Lincoln West Haymarket
Redevelopment Project in Downtown Lincoln.
(Related Items: 12R-39, 12R-40, 12R-41)
(Action Date: 3/26/12)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 12-19 Authorizing the issuance of not to exceed
$355,000,000 City of Lincoln, Nebraska
Lincoln Electric System Revenue and Refunding
bonds. (PASSED, 7-0; #19683)
19) 12-1 Approving a Lease Agreement between the City and
E.J.C. Corporation for the lease of 6.42 acres of
public park property at Oak Lake Park for a five
year term with an option to renew for three
additional five year terms. (PASSED, 7-0; #19684)
Fact Sheet (110K)
Attachment (434K)
20) 12-15 Vacation No. 11011 - Vacating a portion of
Fallbrook Boulevard adjacent to Outlot G,
Fallbrook 18th Addition, generally located at
U.S. Highway 34 and Fallbrook Blvd.
(PASSED, 7-0; #19685)
Fact Sheet (579K)
21) 12-16 Amending Section 6.12.050 of the Lincoln
Municipal Code to clarify documentation
required to receive a reduced license fee for
altered cats. (PASSED, 7-0; #19686)
Fact Sheet (112K)
22) 12-17 Amending Section 6.08.040 of the Lincoln
Municipal Code to clarify documentation
required to receive a reduced license fee for
altered dogs. (PASSED, 7-0; #19687)
Fact Sheet (108K)
23) 12-18 Amending Section 6.10.090 of the Lincoln
Municipal Code to clarify when a dangerous
dog or potentially dangerous dog may be
confiscated and destroyed.
(PASSED, 7-0; #19688)
Fact Sheet (114K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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)
32) 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, MARCH 19, 2012, AT 3:00 P.M.
(APPROVED, 7-0)
33) 12R-38 Approving McMore Inc. dba Sportscasters Bar &
Grill as a Keno satellite site at 3048 N. 70th
Street.
Fact Sheet (95K)
34) 12R-42 Approving a Project Programming Agreement between
the City and the State of Nebraska Department of
Roads setting out the various duties and funding
responsibilities for a Federal Aid Project for the
construction of safety improvements at the
intersection of North 14th Street and the east
bound on-ramp to U.S. Highway 6.
Fact Sheet (12K)
Attachment (4009K)
35) 12R-44 Amending the Arterial Street Impact Fee economic
development incentive program to allow
reimbursement only after applicant meets all
program requirements and to change program
requirements relating to project completion
deadlines.
Attachment (4507K)
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 MARCH ARE THE 12TH AND 26TH.
ADJOURNMENT 4:22 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.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov