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, JANUARY 30, 2012 AT 5:30 P.M.

                  ALL MEMBERS PRESENT EXCEPT EMERY
                HORNUNG ABSENT DURING VOTING SESSION

                            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 setting the interest rate of 5.5882%
               per annum & levying the assessments on Alley
               Repaving District 49, Sewer District 1185, and
               Water District 1201 from the Board of
               Equalization hearing held on January 23, 2012.
               (ADOPTED, 5-0; A-86687)

 2)            Report of Board of Equalization to the City
               Council on Alley Repaving District 49, Sewer
               District 1185, and Water District 1201. 
               (PLACED ON FILE)


PETITIONS & COMMUNICATIONS

 3)            PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
               Change of Zone No. 11042 - Requested by
               Olsson Associates, Lincoln Public Schools
               District Office Planned Unit Development, 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 southeast corner of
               Cotner Blvd and O Street; for a planned unit
               development designation of said property which
               proposes modifications to the Zoning Ordinance,
               Land Subdivision Ordinance and Design Standards
               to allow office and commercial uses not
               exceeding approximately 200,000 square feet in
               floor area.
               Special Permit No. 06001A - Requested by
               Starostka Lewis, LLC for an amendment to the
               Grand Terrace Community Unit Plan to expand the
               boundary of the CUP by approximately three acres
               to allow for approximately seven additional
               residential lots on property generally located
               at South 84th Street and Highway 2.
               Special Permit No. 12001 - Requested by
               Umbay Corporation for a health care facility on
               property generally located at S. Coddington
               Avenue and West O Street.
               Special Permit No. 12002 - Requested by
               Ben and Nancy Sand for a farm winery on property
               generally located at 6305 W. Adams Street.
               Pre-existing Special Permit No. 23G -
               Requested by REGA Engineering Group, Inc. to
               expand the boundaries of the special permit on
               property generally located at N. 56th Street and
               Madison Avenue.


 4)  MISCELLANEOUS  REFERRALS - NONE

                      - END CONSENT AGENDA -


PUBLIC HEARING
LIQUOR RESOLUTIONS

     NONE


PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5 
THRU 8 HAD 2ND READING)

 5)  12-3      Amending Chapter 28.01 of the Lincoln
               Municipal Code relating to Regulations for
               Construction Site Discharges to meet all
               state and federal requirements.
               Fact Sheet (100K)

 6)  12-4      Annexation No. 11004 - Amending the Lincoln
               Corporate Limits Map by annexing
               approximately 418 acres generally located
               at North 48th Street, north of Superior
               Street. (Related Items: 12-4, 12-5)
               (Action Date: 2/6/12)
               Fact Sheet (445K)
               Attachment (301K)

 7)  12-5      Change of Zone No. 11041 - Application of
               the Planning Director on behalf of City
               Parks and Recreation Department for a
               change of zone from AG Agricultural, R-3
               Residential and H-4 General Commercial to P
               Public Use on property generally located at
               North 44th Street, north of Superior
               Street. (Related Items: 12-4, 12-5)
               (Action Date: 2/6/12)
               Fact Sheet (1007K)

 8)  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) (1/9/12
               - P.H. con't to 1/30/12 w/Action on 2/6/12)
               Attachment 1 (83K)
               Attachment 2 (45K)


PUBLIC HEARING - RESOLUTIONS

 9)  12R-3     Assessing nuisance abatement costs
               associated with the clean up work by the
               Building and Safety Department on the
               property generally located at 2304 South
               24th Street. (ADOPTED, 5-0; A-86688)
               Fact Sheet (100K)
               Attachment (665K)

10)  12R-14    Authorizing a request to the State of Nebraska,
               Board of Public Roads Classifications and
               Standards, for relaxation of standards for Other
               Arterials to allow using the North 27th Street
               Viaduct over the Burlington Northern Santa Fe
               railroad tracks for the 27th Street
               Rehabilitation Project, City Project 540023.
               (ADOPTED, 5-0; A-86689)
               Fact Sheet (12K)

11)  12R-15    Accepting the report of new and pending claims
               against the City and approving disposition of
               claims set forth for the period of January 1 -
               15, 2012. (MTA #1 ADOPTED, 5-0; ADOPTED AS 
               AMENDED, 5-0; A-86690)
               Fact Sheet (14K)
               Attachment (18K)
               Motion To Amend (6K)

                      - END PUBLIC HEARING -


ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 12 
AND 13 HAD 1ST READING)

12)  12-7      Amending Title 20 of the Lincoln Municipal
               Code by adding a new Chapter 20.12 to adopt
               the 2009 edition of the International
               Residential Code regulating and controlling
               the design, construction, quality of
               materials, erection, installation,
               alteration, repair, location, relocation,
               replacement, addition to, use or
               maintenance of one- and two-family
               dwellings and townhouses in the City of
               Lincoln; and repealing Chapter 20.10 of the
               Lincoln Municipal Code as hitherto
               existing.
               Fact Sheet (195K)

13)  12-8      Approving a reduction in the Fiscal Year
               2011-12 CIP Budget in the amount of
               $105,000.00 in Parks and Recreation
               Department Maintenance and the transfer of
               CIP appropriations within the Parks and
               Recreation Department.
               Fact Sheet (112K)


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

14)  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. 
               (PASSED, 5-0; #19670)
               Fact Sheet (17K)


PENDING LIST - DATE CERTAIN

     NONE


PENDING LIST   (EXTENDED ONE WEEK)

15)  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)

16)  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)

17)  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)

18)  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)

19)            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)

20)  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)

21)  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)

22)  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)

23)  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)


             HORNUNG REAPPEARED FOR OPEN MICROPHONE     


   WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
    PUBLIC HEARING ON MONDAY, FEBRUARY 6, 2012, AT 3:00 P.M.
                                                (APPROVED, 6-0)

24)  12R-16    Approving a Contract Agreement between the City
               of Lincoln and Puget Sound Data Systems, Inc.
               for the annual requirements for Integrity Server
               and Licensing, Hardware and Software, pursuant
               to Bid No. 11-249 for a four year term effective
               upon execution by both parties.
               Fact Sheet (128K)
               Attachment (2015K)

25)  12R-17    Approving the appointment of Donna Marvin to the
               Lincoln City Library Board of Trustees for a
               term expiring August 31, 2016.
               Attachment (148K)


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 JANUARY ARE THE 9TH AND
     30TH.


ADJOURNMENT   7:15 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