InterLinc Home Page
lincoln.ne.gov
City of Lincoln
City of Lincoln
City Council Office

Formal Agenda


          ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
                  MONDAY, MARCH 19, 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)            Lincoln-Lancaster County Planning Commission
               2011 Annual Report. (PLACED ON FILE)

 2)            Clerk's Letter and Mayor's Approval of
               Resolutions and Ordinances passed by the City
               Council on March 5, 2012. (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            Setting the hearing date of Monday, April 2,
               2012 at 3:00 p.m. for the application of World
               Eats Company dba The Pantry for a Class CK
               liquor license located at 2548 S. 48th Street.
               (ADOPTED, 7-0; A-86724)

 4)            REFERRALS TO THE PLANNING DEPARTMENT:
               Change of Zone No. 12003 - Requested by
               the Director of Planning, from I-1 Industrial
               District to P Public Use District; from I-1
               Industrial District to O-2 Suburban Office
               District; and from H-3 Highway Commercial
               District to P Public Use District on property
               generally located at N. 9th Street to N. 1st
               Street and O Street to Charleston Street.
               Use Permit No. 82C - Requested by Optimal
               Dental, PC, an amendment to modify the land use
               and parking requirements on property generally
               located at S. 14th Street and Old Cheney Road.


 5)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -

PUBLIC HEARING
LIQUOR RESOLUTIONS

 6)            Application of Fucor, Inc. dba Venue Banquet
               Room for a Class I liquor license at 4107
               Pioneer Woods Drive, Ste. #107.
               (ADOPTED FOR APPROVAL, 7-0; A-86725)

 7)            Manager application of Justin B. Cooksley for
               Fucor, Inc. dba Venue Banquet Room at 4107
               Pioneer Woods Drive, Ste. #107.
               (ADOPTED FOR APPROVAL, 7-0; A-86726)

 8)            Application of Fucor, Inc. dba Venue for a Class
               CK liquor license at 4111 Pioneer Woods Drive,
               Ste. #100. (ADOPTED FOR APPROVAL, 7-0; 
               A-86727)

 9)            Manager application of Justin B. Cooksley for
               Fucor, Inc. dba Venue at 4111 Pioneer Woods
               Drive, Ste. #100. (ADOPTED FOR APPROVAL, 7-0; 
               A-86728)

PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 10 
THRU 13 HAD 2ND READING)

10)  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)

11)  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, 12-24)
               (Action Date: 3/26/12)
               Fact Sheet (148K)
               Attachment (9090K)

12)  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, 12-24) (Action Date:
               3/26/12)
               Fact Sheet (150K)

13)  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, 12-24)
               (Action Date: 3/26/12)


PUBLIC HEARING - RESOLUTIONS

14)  12R-38    Approving McMore Inc. dba Sportscasters Bar &
               Grill as a Keno satellite site at 3048 N. 70th
               Street. (ADOPTED, 7-0; A-86729)
               Fact Sheet (95K)

15)  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. (ADOPTED, 7-0; A-86730)
               Fact Sheet (12K)
               Attachment (4009K)

16)  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. (ADOPTED, 7-0; A-86731)
               Attachment (4507K)

                      - END PUBLIC HEARING -


ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)

17)  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. (MTA #1 ADOPTED, 7-0; 
               PASSED AS AMENDED, 7-0; #19689)
               Fact Sheet (649K)
               Motion To Amend (6K)

18)  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. (MTA #1 ADOPTED, 
               7-0; PASSED AS AMENDED, 7-0; #19690)
               Fact Sheet (9605K)
               Motion To Amend (7K)


1st Reading Ordinances & Resolutions - On the Agenda for Advance Notice Only
              Public Hearing will occur on Second Reading


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19 
THRU 21 HAD 1ST READING)

19)  12-25     Annexation No. 12001 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 59 acres generally located
               west of North 14th Street between Morton
               Street and Hilltop Road.
               Fact Sheet (1993K)
               Attachment (463K)

20)  12-26     Change of  Zone No. 3310A - Designating the
               Haymarket Park Sign District as an Overlay
               Special Sign District and amending the
               existing Haymarket Park Special Sign
               District to expand the area of the
               district; to clarify that signage will be
               in accordance with the I-1 Industrial
               District; to allow an additional sign as
               part of the special sign package; and to
               clarify that off-premises signs will not be
               permitted, on property generally located at
               North 6th Street and Charleston Street,
               between I-180 and Sun Valley Boulevard.
               Fact Sheet (664K)
               Attachment (2587K)

21)  12-27     Change of Zone No. 11044 - Application of
               the Planning Director for a change of zone
               from P Public Use District to R-7
               Residential District, from R-7 Residential
               District to P Public Use District, and from
               P Public Use District and I-1 Industrial
               District to B-1 Local Business District, on
               property generally located at North 16
               Street between R Street and Vine Street and
               at North 17th Street and Vine Street.
               Fact Sheet (2001K)


RESOLUTIONS - 1ST READING (ITEMS 22 THRU 28 HAD 1ST READING)

22)  12R-50    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of March 1 - 15,
               2012.
               Fact Sheet (14K)
               Attachment (19K)

23)  12R-45    Appointing Mark Long to the Fire Sprinkler and
               Chemical Examining Board for a term expiring
               November 24, 2013.
               Attachment (68K)

24)  12R-51    Reappointing Jim McKee, Tim Francis and Greg
               Munn to the Historic Preservation Commission for
               terms expiring April 15, 2015.

25)  12R-46    Approving the renewal of two Unit Price
               Contracts between the City, Lancaster County,
               Public Building Commission and ImageScapes, Inc.
               and Lanoha Nurseries for Miscellaneous
               Landscaping Installation and Maintenance Service
               for additional two-year terms.
               Fact Sheet (143K)
               Attachment (1851K)

26)  12R-47    Approving a multi-year contract between the City
               of Lincoln, Lancaster County and O'Keefe
               Elevator Company, Inc. for Elevator Service,
               Maintenance and Testing, pursuant to Bid No. 11-
               206, for a four year term with an option to
               renew for an additional four year term.
               Fact Sheet (133K)
               Attachment (5418K)

27)  12R-48    Approving an Advertising Agreement between SMG,
               as agent for the City of Lincoln Pershing
               Municipal Auditorium, and Prescott Ventures Inc.
               dba Jimmy John's for advertising on electronic
               signs at Pershing Auditorium for a two year
               term.
               Fact Sheet (93K)
               Attachment (4372K)

28)  12R-49    Approving an Advertising Agreement between SMG,
               as agent for the City of Lincoln Pershing
               Municipal Auditorium, and LINPEPCO for
               advertising on electronic signs at Pershing
               Auditorium for a two year term.
               Fact Sheet (92K)
               Attachment (1469K)


PENDING LIST - DATE CERTAIN

29)  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. (3/12/12 - P.H./2nd
               Reading con't. 6 wks to 4/23/12)
               Fact Sheet (491K)
               Motion To Amend (6K)


PENDING LIST   (EXTENDED ONE WEEK)

30)  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)

31)  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)

32)  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)

33)  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)

34)            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)

35)  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)

36)  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)

37)  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)

38)  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)


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   5:02 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

City Council
Meetings