City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 6, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
FEBRUARY 20TH IN OBSERVANCE OF PRESIDENTS' DAY
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF DECEMBER 2011 WAS PRESENTED TO
RANDALL WINCH, HEAVY EQUIPMENT MECHANIC
FOR THE STREET MAINTENANCE OPERATIONS DIVISION
OF THE PUBLIC WORKS & UTILITIES DEPARTMENT
IN THE CATEGORY OF PRODUCTIVITY
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-17 Approving the appointment of Donna Marvin to the
Lincoln City Library Board of Trustees for a
term expiring August 31, 2016.
(ADOPTED, 7-0; A-86691)
Attachment (148K)
2) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on January 23, 2012.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12002 to
Special Permit/Use Permit 11F approved by the
Planning Director on January 26, 2012 requested
by Olsson Associates to modify the parking
requirements for South Pointe Pavilions in the
South Ridge Use Permit to allow 1,500 square
feet of additional restaurant floor area; and to
revise other notes to reduce the remaining floor
area and unbuilt area on property generally
located at S. 27th St. and Pine Lake Rd.
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 5 &
6 HAD 2ND READING)
5) 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)
6) 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)
PUBLIC HEARING - RESOLUTIONS
7) 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.
(ADOPTED, 7-0; A-86692)
Fact Sheet (128K)
Attachment (2015K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 8
THRU 18 HAD 1ST READING)
8) 12-9 Approving a Lease Agreement between the
City of Lincoln and Awards Unlimited II LLC
for the lease of a portion of a vacant City
owned lot generally located at 20th and N
Streets for a four month term with the
option to renew for an additional two month
term.
Attachment (1454K)
9) 12R-19 Approving the Development and Conditional Zoning
Agreement between Nebraska Nurseries, Inc. and
the City of Lincoln to assure that direct access
to Pioneers Blvd. will be relinquished and that
a public access easement will be granted should
the property generally located at South 80th
Street and Pioneers Blvd. be re-zoned to O-2
Suburban Office District. (Related Items:
12R-19, 12-10) (Action Date: 2/27/12)
Attachment (130K)
10) 12-10 Change of Zone 11043 - Application of
Nebraska Nurseries Inc. for a change of
zone from R-3 Residential District to O-2
Suburban Office District on property
generally located southwest of the
intersection of South 80th Street and
Pioneers Boulevard. (Related Items: 12R-19,
12-10) (Action Date: 2/27/12)
Fact Sheet (493K)
11) 12-11 Change of Zone 11047 - Application of City
Impact for a change of zone from I-1
Industrial District to R-4 Residential
District on property generally located at
North 33rd Street and Apple Street.
(Related Items: 12-11, 12R-12) (Action
Date: 2/27/12)
Fact Sheet (426K)
12) 12R-20 Special Permit 11033 - Application of City
Impact for a Neighborhood Support Services
facility on property generally located at North
33rd Street and Overland Trail. (Related
Items: 12-11, 12R-20) (Action Date: 2/27/12)
Fact Sheet (786K)
13) 12-12 Change of Zone 11046 - Application of Gealy
Investments LLC for a change of zone from
I-1 Industrial District to AG Agricultural
District on property generally located at
North 134th Street and O Street.
Fact Sheet (299K)
14) 12-13 Amending Chapter 14.75 of the Lincoln
Municipal Code relating to Driveway
Approaches and Curbs by amending Section
14.75.010 to amend the definition of
"regulations" to mean guidelines and
regulations under the City of Lincoln
Access Management Policy; amending Section
14.75.060 to provide that before a permit
for a driveway approach may be denied, the
Building Official or Public Works Official,
as applicable, shall indicate the standards
or requirements that prevent approval of
the permit application; adding a new
section numbered 14.75.065 to provide for
the submission of a request for deviation
by the applicant; adding a new section
numbered 14.75.067 to provide the process
for appealing the decision of the Building
Official or Public Works Decision on a
requested deviation; and adding a new
section numbered 14.75.069 to provide the
process for appealing the decision for
access on a state or federal controlled
route. (Related Items: 12-13, 12R-22,
12R-21) (Action Date: 2/27/12)
Fact Sheet (12K)
15) 12R-22 Adopting the City of Lincoln Access Management
Policy to replace the existing Driveway Design
Standards. (Related Items: 12-13, 12R-22,
12R-21) (Action Date: 2/27/12)
Fact Sheet (60K)
Attachment (1016K)
16) 12R-21 Misc. 11007 - Amending the City of Lincoln
Design Standards to repeal Chapter 4.00 Driveway
Design Standards to allow for the adoption of
the City's Access Management Policy and amending
Section 1 of Chapter 1.00 and repealing Section
2.34 of Chapter 1.00 to clarify the necessity of
repealing Chapter 4.00. (Related Items: 12-13,
12R-22, 12R-21) (Action Date: 2/27/12)
Fact Sheet (23K)
17) 12-14 Amending Chapters 10.06 and 10.44 of the
Lincoln Municipal Code relating to
automobile impoundment by amending Section
10.06.100 relating to parking services;
amending Section 10.06.120 relating to
payment of fines and costs; amending
Section 10.06.140 relating to mailing
notice of complaint; adding a new Section
10.44.035 relating to immobilization of
vehicles; and amending Section 10.44.040
relating to accounting for fees.
(Related Items: 12-14, 12R-24) (Action
Date: 2/27/12)
Fact Sheet (182K)
18) 12R-24 Approving an immobilization release fee of $50
for the release of a vehicle immobilized by the
City, pursuant to Lincoln Municipal Code §
10.44.035. (Related Items: 12-14, 12R-24)
(Action Date: 2/27/12)
Fact Sheet (170K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
19) 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.
(PASSED, 7-0; #19671)
Fact Sheet (100K)
20) 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) (PASSED, 7-0; #19672)
Fact Sheet (445K)
Attachment (301K)
21) 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) (PASSED, 7-0; #19673)
Fact Sheet (1007K)
22) 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)
(ACTION DELAYED FOR THREE WEEKS TO 2/27/12, 7-0)
Attachment 1 (83K)
Attachment 2 (45K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
31) 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, FEBRUARY 13, 2012, AT 3:00 P.M.
(APPROVED, 7-0)
32) 12R-18 Approving a Contract Agreement between the City
of Lincoln and Windstream for Upgrade of 911
Telephone System Maintenance, pursuant to Bid
No. 11-146 for a 60 month term.
Fact Sheet (125K)
Attachment (3548K)
33) 12R-23 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of January 16 -
31, 2012.
Fact Sheet (14K)
Attachment (17K)
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 FEBRUARY ARE THE 13TH AND 27TH.
ADJOURNMENT 4:10 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