City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MARCH 5, 2012 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
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) Report from City Treasurer of City Cash on hand at the
close of business January 31, 2012. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) Setting the hearing date of Monday, March 19, 2012 at
3:00 p.m. for the application of Fucor Inc. dba Venue
for a Class CK Liquor License located at 4111 Pioneer
Woods Drive, Suite #100. (ADOPTED, 6-0; A-86710)
3) Setting the hearing date of Monday, March 19, 2012 at
3:00 p.m. for the application of Fucor Inc. dba Venue
Banquet Room for a Class I Liquor License located at
4107 Pioneer Woods Drive, Suite #107. (ADOPTED, 6-0;
A-86711)
4) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12005 to Special
Permit No. 1423J, Himark Estates, approved by the
Planning Director on February 21, 2012, requested by
FEW, Inc., to reduce the setback to the north adjacent
to the golf course and increase the setback to the west
for property generally located at S. 90th St. and
Sandhills Court.
Administrative Amendment No. 11072 to Special
Permit No. 1813A, The Preserve on Antelope Creek
Community Unit Plan, approved by the Planning Director
on February 22, 2012, requested by Manzitto, Inc., to
revise the site plan to show reduced side yard setbacks
of 3 feet for property at 4619 Hawthorne Drive.
5) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 6 THRU 11 HAD 2ND READING)
6) 12-19 Authorizing the issuance of not to exceed
$355,000,000 City of Lincoln, Nebraska
Lincoln Electric System Revenue and Refunding
bonds.
7) 12-1 Approving a Lease Agreement between the City and
E.J.C. Corporation for the lease of 6.42 acres of
public park property at Oak Lake Park for a five
year term with an option to renew for three
additional five year terms.
Fact Sheet (110K)
Attachment (434K)
8) 12-15 Vacation No. 11011 - Vacating a portion of
Fallbrook Boulevard adjacent to Outlot G,
Fallbrook 18th Addition, generally located at
U.S. Highway 34 and Fallbrook Blvd.
Fact Sheet (579K)
9) 12-16 Amending Section 6.12.050 of the Lincoln
Municipal Code to clarify documentation
required to receive a reduced license fee for
altered cats.
Fact Sheet (112K)
10) 12-17 Amending Section 6.08.040 of the Lincoln
Municipal Code to clarify documentation
required to receive a reduced license fee for
altered dogs.
Fact Sheet (108K)
11) 12-18 Amending Section 6.10.090 of the Lincoln
Municipal Code to clarify when a dangerous
dog or potentially dangerous dog may be
confiscated and destroyed.
Fact Sheet (114K)
PUBLIC HEARING - RESOLUTIONS
12) 12R-33 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 1 -
15, 2012. (ADOPTED, 6-0; A-86712)
Fact Sheet (14K)
Attachment (17K)
PUBLIC HEARING
ORDINANCES 3RD READING & RELATED RESOLUTIONS (as required)
13) 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)
(2/13/12- con't P.H. on 2/27/12) (Action Date:
2/27/12) (2/27/12- con't P.H. on
3/5/12) (ADOPTED, 4-2; CARROLL, COOK, EMERY,
ESKRIDGE ASSENTING; HORNUNG, SCHIMEK DISSENTING;
A-86713)
Attachment (130K)
14) 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) (2/13/12- con't P.H. on
2/27/12) (Action Date: 2/27/12)
(2/27/12- con't P.H. on 3/5/12)
(PASSED, 6-0; #19680)
Fact Sheet (493K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 15 THRU 17 HAD 1ST READING)
15) 12-20 Change of Zone 05004A - Application of
Lenity Group and Realty Trust Group to
amend the Pine Garden Planned Unit
Development to replace 28 dwelling units
with a 66-bed memory care facility and
to reduce the total commercial floor
area from 25,300 square feet to 17,420
square feet, on property generally
located northwest of the intersection of
South 84th Street and Old Cheney Road.
Fact Sheet (649K)
16) 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.
Fact Sheet (491K)
Motion To Amend (6K)
17) 12-22 Change of Zone 11042 - Application of
Lancaster County School District #1 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 southwest
corner of Lyncrest Drive and O Street, for a
planned unit development district designation
of said property, and approval of a
development plan to allow office and
commercial uses not exceeding approximately
183,000 square feet in floor area.
Fact Sheet (9605K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
18) 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) (2/6/12 - Action
Delayed 3 wks. to 2/27/12) (2/27/12 - Action
Delayed 1 wk to 3/5/12) (MTA #1 ADOPTED, 6-0;
PASSED AS AMENDED, 5-1; CARROLL, COOK, EMERY,
ESKRIDGE, SCHIMEK ASSENTING; HORNUNG DISSENTING;
#19681)
Attachment 1 (83K)
Attachment 2 (45K)
Motion to Amend (7K)
19) 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) (Request to delay action 1 wk to
3/5/12 (2/27/12 - Action delayed 1 wk to
3/5/12) (PASSED, 5-1; CARROLL, COOK, EMERY,
ESKRIDGE, HORNUNG, SCHIMEK ASSENTING;
HORNUNG DISSENTING; #19682)
Fact Sheet (12K)
20) 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) (Request to
delay action 1 wk to 3/5/12)
(2/27/12 - Action delayed 1 wk to 3/5/12)
(ADOPTED, 5-1; CARROLL, COOK, EMERY, ESKRIDGE,
SCHIMEK ASSENTING; HORNUNG DISSENTING; A-86714)
Fact Sheet (60K)
Attachment (1016K)
21) 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) (Request to delay
action 1 wk to 3/5/12) (2/27/12 - Action
delayed 1 wk to 3/5/12) (ADOPTED, 5-1; CARROLL,
COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
HORNUNG DISSENTING; A-86715)
Fact Sheet (23K)
PENDING LIST - DATE CERTAIN - NONE
PENDING LIST (EXTENDED ONE WEEK)
22) 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)
23) 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)
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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, MARCH 12, 2012, AT 3:00 P.M.
(APPROVED, 6-0)
31) 12R-36 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of February 16 -
29, 2012.
Fact Sheet (14K)
Attachment (18K)
32) 12R-34 Approving an Interlocal Cooperation Agreement for
Saline Wetlands between the City of Lincoln, Lower
Platte South Natural Resources District, and
Nebraska Game & Parks Commission for the
cooperative development, administration,
implementation, management, and evaluation of the
"Implementation Plan for the Conservation of
Nebraska's Eastern Saline Wetlands" for a term of
three years and four months beginning March 1,
2012.
Fact Sheet (126K)
Attachment (4803K)
33) 12R-35 Special Permit No. 12001 - Application of Umbay
Corporation to develop a health care facility for
an assisted living facility on property generally
located at 2231 West O Street.
Fact Sheet (641K)
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 3:44 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