City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 26, 2012 AT 5:30 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-45 Appointing Mark Long to the Fire Sprinkler and
Chemical Examining Board for a term expiring
November 24, 2013. (ADOPTED, 7-0; A-86732)
Attachment (68K)
2) 12R-51 Reappointing Jim McKee, Tim Francis and Greg
Munn to the Historic Preservation Commission for
terms expiring April 15, 2015.
(ADOPTED, 7-0; A-86733)
3) Resolution approving the City of Lincoln's
Investment Activity Report from the City
Treasurer for the Fiscal Year 2010-2011.
(ADOPTED, 7-0; A-86734)
4) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of
February, 2012. (PLACED ON FILE)
5) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on March 12, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
6) REFERRALS TO THE PLANNING DEPARTMENT:
Special Permit No. 12006 - Requested by
the Lancaster County Agricultural Society, Inc.
for the excavation of soil on property generally
located at N. 84th Street and Havelock Avenue.
Special Permit No. 12007 - Requested by
Olsson Associates, Cedar Cove Townhomes
Community Unit Plan, for approximately 12 lots
with 12 dwelling units with a waiver request to
reduce the rear yard setback for decks on Lots
1-10, Block 3, on property generally located at
N. 91st Street and Leighton Avenue.
Special Permit No. 12008 - Requested by
Doug Daize for the sale of alcohol for
consumption on and off the premises on property
generally located at S. 48th Street and Van Dorn
Street (2548 S. 48th Street).
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Waiver No. 11025 to Final Plat No. 99039
approved by the Planning Director on March 13,
2012 requested by Quin-C, Inc. for a waiver to
extend the time for two years to install the
required paving in Crosscut Lane in Black Forest
Estates Addition. The improvements shall be
completed by March 13, 2014. Property is
generally located at S. 62nd St. and Old Cheney
Road.
Waiver No. 11013 to Final Plat No. 04093
approved by the Planning Director on March 14,
2012 requested by Manzitto, Inc. for a waiver to
extend the time for two years to install the
required sidewalks and street trees in Himark
Estates 9th Addition. The improvements shall be
completed by March 14, 2014. Property is
generally located at S. 90th St. and Old Cheney
Road.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 9
THRU 11 HAD 2ND READING)
9) 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)
10) 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)
11) 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)
PUBLIC HEARING - RESOLUTIONS
12) 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. (ADOPTED, 7-0; A-86735)
Fact Sheet (14K)
Attachment (19K)
13) 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. (ADOPTED, 7-0;
A-86736)
Fact Sheet (143K)
Attachment (1851K)
14) 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.
(ADOPTED, 6-0; CAMP, CARROLL, COOK, EMERY,
ESKRIDGE, SCHIMEK ASSENTING; HORNUNG ABSTAINING;
A-86737)
Fact Sheet (133K)
Attachment (5418K)
15) 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. (ADOPTED, 7-0; A-86738)
Fact Sheet (93K)
Attachment (4372K)
16) 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.
(ADOPTED, 7-0; A-86739)
Fact Sheet (92K)
Attachment (1469K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
17) 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. (PASSED, 7-0; #19691)
Fact Sheet (7K)
Attachment (121K)
18) 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) (ADOPTED, 6-0; CARROLL,
COOK, EMERY, ESKRIDGE, HORNUNG, SCHIMEK ASSENTING;
CAMP ABSTAINING; A-86740)
Fact Sheet (148K)
Attachment (9090K)
19) 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) (ADOPTED, 6-0; CARROLL, COOK, EMERY,
ESKRIDGE, HORNUNG, SCHIMEK ASSENTING; CAMP ABSTAINING;
A-86741)
Fact Sheet (150K)
20) 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) (PASSED, 6-0; CARROLL,
COOK, EMERY, ESKRIDGE, HORNUNG, SCHIMEK ASSENTING;
CAMP ABSTAINING; #19692)
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 21
THRU 26 HAD 1ST READING)
21) 12-31 Authorizing the issuance, sale and delivery
of water revenue refunding bonds of the
City of Lincoln, Nebraska in an amount not
to exceed $13,000,000 to refund outstanding
water revenue bonds of the City and related
matters.
22) 12-32 Authorizing the issuance, sale and delivery
of sanitary sewer revenue refunding bonds
of the City of Lincoln, Nebraska in an
amount not to exceed $44,000,000 to refund
outstanding sanitary sewer revenue bonds of
the City and related matters.
23) 12-30 Amending the pay schedule for a certain
employee group by creating the
classifications of "Firefighter Paramedic,"
"Firefighter" and "Fire Apparatus
Operation."
Fact Sheet (87K)
Attachment (525K)
24) 12R-54 Approving Amendment No. 3 to the Woodlands at
Yankee Hill Conditional Annexation and Zoning
Agreement between Lewis-Starostka, Inc., 3AP-SE,
LLC, Midwest Net Lease Investors-SE, LLC,
Calruby, LLC, and the City of Lincoln, Nebraska
to defer the timing of construction of the
Yankee Hill Road Arterial Street Impact Fee
Facility Improvements on property generally
located at South 84th Street and Yankee Hill
Road from December 31,2012 to December 31, 2014.
(Related Items: 12R-54, 12-28, 12-29)
(Action Date: 4/9/12)
Attachment (228K)
25) 12-28 Annexation No. 11005 - Amending the Lincoln
Corporate Limits Map by annexing
approximately 36 acres generally located
southeast of the intersection of South 70th
Street and Yankee Hill Road. (Related
Items: 12R-54, 12-28, 12-29) (Action Date:
4/9/12)
Fact Sheet (649K)
Attachment (377K)
26) 12-29 Change of Zone 05068B - Application of R.C.
Krueger Development to amend the Woodlands
at Yankee Hill Planned Unit Development to
add approximately 36 acres generally
located southeast of the intersection of
South 70th Street and Yankee Hill Road and
approve a change of zone over said 36 acres
from AG Agricultural District to R-3
Residential District under a Planned Unit
Development designation in order to add
approximately 265,000 sq. ft. of commercial
floor area under the Planned Unit
Development. (Related Items: 12R-54,
12-28, 12-29) (Action Date: 4/9/12)
Fact Sheet (1411K)
RESOLUTIONS - 1ST READING (ITEMS 27 THRU 30 HAD 1ST READING)
27) 12R-52 Designating Kimberly Taylor-Riley, Director,
Commission on Human Rights and Equal Opportunity
Officer as the City's ADA/Section 504
Coordinator for purposes of the City's
ADA/Section 504 Civil Rights Policy.
Fact Sheet (97K)
28) 12R-53 Designating Kimberly Taylor-Riley, Director,
Commission on Human Rights and Equal Opportunity
Officer as the City's Title VI Coordinator for
purposes of the City's Title VI Civil Rights
Plan.
Fact Sheet (98K)
29) 12R-55 Approving the Tax-Exempt Financing Compliance
Procedure of the City.
Attachment (64K)
30) 12R-56 Amending the FY 11/12 CIP to authorize and
appropriate $183,569.00 in TIF funds for
construction of sidewalks, street rehab and
street lights on Yolande Avenue and 20th Street
in the Yolande Avenue Redevelopment Area.
Fact Sheet (121K)
PENDING LIST - DATE CERTAIN
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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 6:07 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