City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
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.
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The City Council Agenda and Action Sheet may be accessed on the Internet at:
lincoln.ne.gov