City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
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