City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JANUARY 9, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT.
THERE WILL BE NO MEETING THE WEEK OF JANUARY 16, 2012
IN OBSERVANCE OF MARTIN LUTHER KING DAY
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) 11R-313 Approving the appointment of Miki Esposito as
Director of the Public Works and Utilities
Department effective December 12, 2011.
(ADOPTED, 7-0; A-86657)
2) 11R-314 Reappointing Dan Harshman, W. Don Nelson and Matt
McNair to the Lincoln Electric System
Administrative Board for three-year terms expiring
December 31, 2014. (ADOPTED, 7-0; A-86658)
3) 11R-315 Reappointing Steve Masters to the District Energy
Corporation for a two-year term expiring December
31, 2013. (ADOPTED, 7-0; A-86659)
4) Resolution assessing the costs for construction of
Water District No. 1201 located in 84th Street
from Highway 6 to Fletcher Avenue. (ADOPTED, 7-0;
A-86672)
5) Resolution assessing the costs for construction of
Sewer District 1185 located in 84th Street,
Highway 6 to approximately 430 feet south
of Fletcher Avenue. (ADOPTED, 7-0; A-86673)
6) Resolution assessing the costs for construction of
Alley Re-Paving District 49 located in the
east/west alley 10th to 11th Streets,
G to H Streets. (ADOPTED, 7-0; A-86674)
7) Affidavit of Mailing for Public Works Board of
Equalization to be held on January 23, 2012, at
3:00 p.m. for Water District No. 1201, Sewer
District 1185 and Alley Re-Paving District 49.
(PLACED ON FILE)
8) Resolution setting the hearing date of Monday,
January 30, 2012, at 5:30 p.m. or as soon
thereafter as possible on the assessment of clean
up costs incurred by the City of Lincoln on
property located at 2304 South 24th Street.
(ADOPTED, 7-0; A-86660)
9) Lincoln Electric System Rate Schedules and Service
Regulations for rates effective January 1, 2012.
(PLACED ON FILE)
10) Report from City Treasurer of city cash on hand at
the close of business November 30, 2011. (PLACED ON
FILE)
11) Approving the distribution of funds representing
interest earnings on short-term investments of
idle funds during the month ended November 30,
2011. (ADOPTED, 7-0; A-86661)
12) Clerk's letter and Mayor's approval of resolutions
and ordinances passed by the City Council on
December 12, 2011. (PLACED ON FILE)
13) Clerk's letter and Mayor's approval of resolutions
and ordinances passed by the City Council on
December 19, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
14) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 11041 - Requested by the
Director of Parks and Recreation, from AG Agricultural
District to P Public Use District; from R-3 Residential
District to P Public Use District, generally located at
N. 44th Street and Superior Street.
Change of Zone No. 11043 - Requested by Olsson
Associates, from R-3 Residential District to O-2
Suburban Office District, on property generally
located at S. 80th Street and Pioneers Boulevard.
Special Permit No. 11032 - Requested by Lindsay
Kubicek, for expansion of a non-conforming use into the
required front yard setback to allow an outdoor play
area associated with an early childhood care facility
generally located at S. 47th Street and Van Dorn Street.
15) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK
Administrative Amendment No. 11069 - to Special
Permit No. 1959, Prairie Village Community Unit Plan,
approved by the Planning Director on December 27, 2011,
requested by Colby and Katie Venema, to reduce the
setback from a pedestrian easement from 10 feet to 7.5
feet on Lot 30, Block 2, Prairie Village, on property
generally located at N. 84th St. and Leighton Ave.
16) MISCELLANEOUS REFERRALS
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
17) Application of P.R. Ventures LLC dba Nebraska
Champions Club for a Class CK liquor license at
707 Stadium Drive. (ADOPTED FOR APPROVAL, 7-0;
A-86662)
18) Manager application of Chad W. Carlson for P.R.
Ventures LLC dba Nebraska Champions Club at 707
Stadium Drive. (ADOPTED FOR APPROVAL, 7-0; A-86663)
19) Application of BSR Inc. dba The Office for a Class
C liquor license at 640 West Prospector, #200.
(ADOPTED FOR APPROVAL, 7-0; A-86664)
20) Manager application of Roger Westerhold for BSR
Inc. dba The Office at 640 West Prospector, #200.
(ADOPTED FOR APPROVAL, 7-0; A-86665)
21) Application of ZRC Operations Company dba Qdoba
Mexican Grill for a Class A liquor license at 211
North 11th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86666)
22) Manager application of Heather Hampton for ZRC
Operations Company dba Qdoba Mexican Grill at 211
North 12th Street. (ADOPTED FOR APPROVAL, 7-0;
A-86667)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
23) 11-190 Authorizing and providing for the issuance of a
Community Development Revenue Note, (10th and
Military Creekside Village Project) in a total
principal amount not to exceed $800,000.00.
(Request 2nd, 3rd Readings on 1/9/12)(RULES
SUSPENDED TO HAVE 3RD READING ON THIS DATE,
7-0; MTA #1 TO ACCEPT SUBSTITUTE ORDINANCE
ADOPTED, 7-0; PASSED, 7-0; #19666)
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) (PUBLIC HEARING
CONTINUED TO 1/30/12 WITH ACTION ON 2/6/12)
Attachment A (1243K)
Attachment B (1418K)
PUBLIC HEARING - RESOLUTIONS
25) 11R-309 Approving JJ's Bar & Grill as a keno satellite
site at 2310 North 1st Street, Suite 7-9.
(ADOPTED, 7-0; A-86668)
Fact Sheet (91K)
26) 11R-310 Approving a Construction Engineering Agreement
between the City of Lincoln and the State of
Nebraska Department of Roads to allow the use of
Federal Surface Transportation Program Funds for
construction engineering services for the Lincoln
Downtown Street Resurfacing project. City Project
No. 540021. State Project No. LCLC-5230(2), CN
13140. (ADOPTED, 7-0; A-86669)
Fact Sheet (13K)
Attachment (1442K)
27) 11R-311 Approving a Construction Engineering Agreement
between the City of Lincoln and the State of
Nebraska Department of Roads to allow the use of
Federal Surface Transportation Program Funds for
construction engineering services for the Lincoln
Citywide Street Micro-surfacing project. City
Project No. 540024. State Project No. LCLC-
5249(7), CN 13139. (ADOPTED, 7-0; A-86670)
Fact Sheet (13K)
Attachment (1379K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEM 28 HAD 1ST READING)
28) 12-2 Amending Chapter 10.16 of the Lincoln Municipal
Code (Driving While Intoxicated, Unlicensed or
Uninsured) by amending Section 10.16.030 relating
to the penalty for driving under the influence of
alcoholic liquor to comply with state statute; by
amending Section 10.16.040 relating to the penalty
for refusing to submit to a chemical test of
blood, breath or urine test to determine the
concentration of alcohol or the presence of drugs
in such blood, breath or urine to comply with
state statute; and amending Section 10.16.045
relating to restrictions imposed for a second
violation of Section 10.16.030 or 10.16.040 to
comply with state statute, and declaring an
emergency.
Fact Sheet (17K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
29) 11-189 Approving a Lease Agreement between the City of
Lincoln and the Lincoln Trap and Skeet Club for a
portion of Boosalis Park located at North 44th
Street and Superior Street to be used as a public
Sporting Clays Range for a 15 year term. (PASSED,
7-0; #19667)
Fact Sheet (118K)
Attachment (745K)
30) 11R-306 Comp. Plan Amendment No. 11007 - Application of
the Planning Director on behalf of Nebco, Inc. to
amend the 2040 Lincoln-Lancaster County
Comprehensive Plan by changing the Future Land Use
Plan from Urban Residential to Commercial on
property generally located at Highway 34 and
Fallbrook Boulevard. (Related Items: 11R-306,
11-187, 11-188) (Action Date: 1/9/12) (ADOPTED,
7-0; A-86671)
Fact Sheet (934K)
31) 11-187 Annexation No. 11003 - Amending the Lincoln
Corporate Limits Map by annexing approximately 10
acres generally located at Fallbrook Boulevard and
Tallgrass Parkway. (Related Items: 11R-306,
11-187, 11-188) (Action Date: 1/9/12) (PASSED, 7-0;
#19668)
Fact Sheet (614K)
Attachment (376K)
32) 11-188 Change of Zone No. 05085A - Application of Nebco,
Inc. to amend the Fallbrook Planned Unit
Development to expand the PUD and change the
zoning from AG Agricultural District to B-2
Planned Neighborhood Business District PUD, on
property generally located at Fallbrook Boulevard
and Highway 34; for a Planned Unit Development
designation of said property; and for approval of
a development plan which proposes waivers and
modifications to the Zoning and Land Subdivision
Ordinance to allow approximately 220,000 square
feet of additional commercial floor area, on the
underlying B-2 zoned area, for a total of
approximately 900,000 square feet of commercial
floor area in the entire PUD. (Related Items:
11R-306, 11-187, 11-188) (Action Date: 1/9/12)
(PASSED, 7-0; #19669)
Fact Sheet (3988K)
Attachment (105K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED TWO WEEKS)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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. 03/21/11 -
Action Delayed 1 wk. to 3/28/11) (3/28/11 - Placed
on Indefinite Pending)
Fact Sheet (1022K)
Attachment (1001K)
41) 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, JANUARY 23, 2012, AT 3:00 P.M.
(APPROVED, 6-0; HORNUNG ABSENT)
42) 12R-1 Approving an Amendment to Contract for Annual
Requirements for Fluorescent Bulb Recycling
Services, Bid No. 2807, to renew Contract C-
09-0642 with A-TEC Recycling, adopted by
Resolution No. A-85684 on January 14, 2010,
for one additional two year term from January
14, 2012 through January 13, 2014.
Fact Sheet (104K)
Attachment (301K)
43) 12R-2 Approving an Amendment to Agreement for
Business Card and Letterhead Printing, Bid
No. 09-219, to renew Agreement No. 09-0636
with Cornerstone Printing and Imaging,
adopted by Resolution No. A-85683 on January
11, 2010, for one additional two year term
from January 14, 2012 through January 13,
2014.
Fact Sheet (141K)
Attachment (189K)
44) 12R-6 Approving a Contract Agreement between the
City of Lincoln, Lancaster County and En
Pointe Technologies Sales, Inc. for
Commercial Off the Shelf (COTS) Software and
Related Services (State of Nebraska Contract
13093 OC WSCA Master Price Agreement ADSP011-
00000358-1) for a term from November 21, 2011
through June 2, 2013.
Fact Sheet (141K)
Attachment (10448K)
45) 12R-11 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of December 1 -
31, 2011.
Fact Sheet (14K)
Attachment (23K)
46) 12R-4 Reappointing Wendy Francis and Bennie Shobe
to the Human Rights Commission for terms
expiring December 31, 2014.
47) 12R-5 Appointing Zainab Al-Baaj to the StarTran
Advisory Board for a term expiring October
20, 2014.
Attachment (95K)
48) 12R-7 Special Permit No. 11031 - Application of
First Street Bible Church for a parking lot
adjacent to the church in a residential
district, with a request to waive the
required front yard setback along 1st Street
and G Street on property generally located at
South 1st Street and G Street.
Fact Sheet (337K)
49) 12R-8 Comp. Plan Amendment No. 11004 - Application
of the Planning Director to amend the 2040
Comprehensive Plan to designate land
generally located west of North 56th Street
between Alvo Road and Arbor Road as Tier I,
Priority A, and to revise the text on the
2040 Priority Growth Areas map to replace the
notation "Downtown/Antelope Valley" with
"Greater Downtown."
Fact Sheet (1741K)
50) 12R-9 Comp. Plan Amendment No. 11005 - Application
of the Planning Director to amend the 2040
Comprehensive Plan by revising the credits
page; Chapter 1, Vision & Plan, Lplan 2040
Elements; Chapter 12, Plan Realization,
Public Sector Contributions; and Chapter 12,
Plan Realization, Plan Update Process, to
clearly differentiate the Comprehensive Plan
document from the Long Range Transportation
Plan document so that the intent of each
document is more clearly understood.
Fact Sheet (21K)
51) 12R-10 Comp. Plan Amendment No. 11006 - Application of
the Planning Director to amend the 2040
Comprehensive Plan to add introductory language
clarifying the Plan's purpose as a policy guide.
Fact Sheet (1927K)
52) 12R-12 Approving the amendment to the Block 85
Redevelopment Agreement between Block 85 LLC,
Booth Fisheries LLC and the City of Lincoln
relating to the redevelopment of property
generally located on Block 85 from 8th to 9th
Streets and M Street to Rosa Parks Way.
Attachment (2844K)
53) 12R-13 Appointing Dr. M. Colleen Jones to the Cable
Advisory Board for a term expiring on July 1,
2013.
Attachment (93K)
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 THE MONTH OF JANUARY ARE THE 9TH
AND 30TH.
ADJOURNMENT 3:40 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