City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, FEBRUARY 4, 2013 AT 3:00 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO MEETING THE WEEK OF FEBRUARY 18
PRESIDENTS' DAY OBSERVED
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 of Settlement Agreement under Neb. Rev.
Stat. §84-713 (non tort claim). (PLACED ON FILE)
2) Report from the City Treasurer of City Cash on
hand at the close of business December 31, 2012.
(PLACED ON FILE)
3) Report of Lincoln Water & Wastewater Systems
Fiscal Year 2011-12 Audits. (PLACED ON FILE)
4) Resolution approving the City of Lincoln's
Investment Activity Report from the City Treasurer
for the First Quarter, Fiscal Year 2012-2013.
(ADOPTED, 7-0; A-87194)
5) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
December 31, 2012. (ADOPTED, 7-0; A-87195)
PETITIONS & COMMUNICATIONS
6) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 12071 - Change of
Zone No. 2531U, Williamsburg Village Planned Unit
Development, approved by the Planning Director on
January 22, 2013, requested by Olsson Associates,
to add 2 lots, reduce the setback from 40 feet to
20 feet abutting the north outlot, reduce the front
yard setback from 60 feet to 20 feet along S.
34th Street and the eastern side of Faulkner Drive
and to increase the assisted care units from 44 to 95,
on property generally located at S. 34th Street
and Faulkner Drive.
7) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 8
THRU 15 HAD 2ND READING)
8) 13-10 Authorizing the issuance of not to exceed
$9,000,000 aggregate principal amount of
Solid Waste Management Revenue and Refunding
Bonds, and related matters.
9) 13-4 Change of Zone 10014A - Application of Union Bank
to amend the Northwoods Plaza Planned Unit
Development to change the number of dwelling units
from 80 to 150 on property generally located at
North 84th Street and Holdrege Street.
Fact Sheet (2827K)
10) 13-5 Change of Zone 12033 - Amending Title 27 of the
Lincoln Municipal Code (Zoning Ordinance) to
reformat Chapter 27.72 (Height and Lot
Regulations) and to include regulations that were
not carried over from Chapter 27.71 to 27.72; to
provide clarification as to how uses are regulated
by amending Chapters 27.02 Definitions, 27.06 Use
Groups, 27.39 H-1 Interstate Commercial District,
27.62 Conditional Uses, 27.63 Special Permits,
27.69 Signs, 27.72 Height and Lot Regulations.
(Related Items: 13-5, 13R-29) (Action Date:
2/11/13)
Fact Sheet (8628K)
Motion To Amend
11) 13R-29 Misc. No. 12018 - Application of the Planning
Director to amend the City of Lincoln Design
Standards by amending Chapter 3.5 (Landscaping and
Screening) to provide clarification regarding
screening requirements for motorized vehicle
repair and service facilities. (Related Items:
13-5, 13R-29) (Action Date: 2/11/13)
Fact Sheet (264K)
Attachment (24K)
12) 13-6 Change of Zone 12036 - Application of Kevin
Rhinehart for a change of zone from R-2
Residential District to R-2 Residential District
with Landmark Overlay, designating the Myron
Wheeler House as a Landmark, on property generally
located at 1717 D Street.
Fact Sheet (3716K)
Attachment (1387K)
13) 13-7 Amending the pay schedule for a certain employee
group whose classifications are assigned to the
pay range which is prefixed by the letter "M" by
creating the classification of "Public Works and
Utilities Assistant Director."
Fact Sheet (12K)
Attachment (9K)
14) 13-8 Approving a Real Estate Sales Agreement between
the City of Lincoln and the Housing Authority of
the City of Lincoln for the sale of City property
described as Lot 2 and the north 5 feet of Lot 3,
Block 1, Gibbon's Addition, more commonly known as
1621 North 29th Street.
Fact Sheet (115K)
Attachment (1706K)
15) 13-11 Approving a lease agreement between the
Lincoln Medical Educational Partnership and
City of Lincoln, on behalf of the Lincoln
Police Department for space to be utilized
for the Southeast Team Substation for an
eight month term.
Fact Sheet (103K)
Attachment (994K)
PUBLIC HEARING - RESOLUTIONS
16) 13R-28 Approving an Interlocal Agreement between the
Omaha-Council Bluffs Metropolitan Area Planning
Agency, Lancaster County and City of Lincoln to
obtain digital map products including aerial
photography over Lancaster County and updating
existing building footprints within Lancaster
County. (ADOPTED, 7-0; A-87196)
Fact Sheet (92K)
17) 13R-31 Approving a Memorandum of Understanding between
the State of Nebraska Department of Motor Vehicles
and the City of Lincoln Police Department for the
use of the DMV Facial Recognition System for a
four year period. (ADOPTED, 7-0; A-87197)
Fact Sheet (95K)
Attachment (182K)
18) 13R-32 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,
2013. (MTA #1, ADOPTED, 7-0; ADOPTED AS
AMENDED, 7-0; A-87198)
Fact Sheet (10K)
Attachment (24K)
- END PUBLIC HEARING -
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
1st Reading Ordinances & Resolutions - On the Agenda for Advance Notice Only
Public Hearing will occur on Second Reading
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19
THRU 33 HAD 1ST READING)
19) 13-12 Approving a Sublease Agreement between the
City of Lincoln and Goodwill Industries for
the sublease of office space located at 1010
N Street to provide job training and
employment services under the Workforce
Investment Act for a term of January 1, 2013
through December 31, 2014.
Fact Sheet (97K)
Attachment (1937K)
20) 13-13 Approving a Sublease Agreement between the
City and Nebraska DAS/State Building Division
on behalf of the Department of Labor for the
sublease of office space located at 1010 N
Street, to provide job training and
employment services under the Workforce
Investment Act for a term of January 1, 2013
through December 31, 2013.
Fact Sheet (102K)
Attachment (1959K)
21) 13-9 Approving a Ground Lease between the City of
Lincoln and Active Living Center Condominium
Association for the lease of the Active Living
Center at 250 N. 21st Street for a 30 year term.
(Related Items: 13-9, 13-21) (Action Date:
2/25)
Fact Sheet (87K)
Attachment (1057K)
22) 13-21 Approving the conveyance by quitclaim deed of
Unit 3 of the Active Living Center from the
City of Lincoln to the Nebraska Trails
Foundation on property located at 250 N. 21st
Street, Suite 3. (Related Items: 13-9, 13-
21) (Action Date: 2/25)
Fact Sheet (86K)
Attachment (95K)
23) 13R-33 Comp. Plan Conformance 12024 Approving an
amendment to the Antelope Valley Redevelopment
Plan to add "The Wrap Project" for approximately
160 dwelling units and a 1,600 stall parking
garage on property generally located between Q
Street, R Street, N. 18th Street and N. Antelope
Valley Parkway. (Related Items: 13R-33, 13-15,
13-16) (Action Date: 2/25/13)
Fact Sheet (4157K)
Attachment (1203K)
24) 13-15 Comp. Plan Conformance 12023 - Declaring
approximately 0.20 acres of property
generally located at the northeast corner of
N. 18th Street and Q Street as surplus
property. (Related Items: 13R-33, 13-15,
13-16) (Action Date: 2/25/13)
Fact Sheet (2126K)
25) 13-16 Vacation No. 12011 - Vacating North 18th
Street between Q and R Street; the north 4
feet of Q Street between North 18th Street
and N. Antelope Valley Parkway; and the south
4 feet of R Street between North 18th Street
and N. Antelope Valley Parkway. (Related
Items: 13R-33, 13-15, 13-16)
(Action Date: 2/25/13)
Fact Sheet (5246K)
26) 13-17 Change of Zone 12037 - Application of the
Planning Director for a change of zone from P
Public Use District to B-4 Lincoln Center
Business District and I-1 Industrial
District; and from B-4 Lincoln Center
Business District, R-4 Residential District,
R-6 Residential District, I-1 Industrial
District and H-3 Highway Commercial District
to P Public Use District, on property
generally bounded by Cornhusker Highway to P
Street and North 10th Street to North 23rd
Street.
Fact Sheet (5603K)
27) 13R-34 Comp. Plan Amendment 12003 - Amending the 2040
Lincoln-Lancaster County Comprehensive Plan by
changing the land use designation from Residential
to Commercial and to designate a new community
center on property generally located at North 1st
Street and Cornhusker Highway. (Related Items:
13R-34, 13R-35, 13R-36, 13-14)
(Action Date: 2/25/13)
Fact Sheet (2410K)
28) 13R-35 Comp. Plan Conformance 12020 - Approving the 1st
and Cornhusker Redevelopment Plan consisting of an
estimated 78 acres comprised of mobile home
residential land use, generally bounded by
Cornhusker Highway, N. 4th Street, Adams Street
and N. 1st Street. (Related Items: 13R-34,
13R-35, 13R-36, 13-14) (Action Date: 2/25/13)
Fact Sheet (566K)
Attachment (2486K)
29) 13R-36 Approving a Directed Arterial Street Impact Fee
Transportation Improvement Agreement between the
City and Ascentia Real Estate Investment Company
to identify developer's cost responsibilities
regarding the construction of the Arterial Street
Impact Fee Facility Improvements related to mixed-
use development, including an apartment complex,
hotel, office space and retail space, generally
located at 1st and Cornhusker Highway. (Related
Items: 13R-34, 13R-35, 13R-36, 13-14)
(Action Date: 2/25/13)
Fact Sheet (97K)
Attachment (323K)
30) 13-14 Change of Zone 12029 Application of
Countryside Mobile Home Park LLP and Lincoln
Mobile Home Parks LLP for a change of zone
from H-3 Highway Commercial District and R-2
Residential District to R-3 Residential
District PUD, on property generally located
at N. 1st Street and Cornhusker Highway; for
a Planned Unit Development District
designation of said property; and for a
development plan with modifications to the
Zoning Ordinance and Land Subdivision
Ordinance to allow 391,100 sq. ft. of
commercial floor area, a hotel and 450
dwelling units on the underlying R-3 zoned
area. (Related Items: 13R-34, 13R-35,
13R-36, 13-14) (Action Date: 2/25/13)
Fact Sheet (5964K)
31) 13-18 Comp. Plan Conformance 12022 - Declaring
approximately 1.56 acres of property
generally located at West B Street and S.
Folsom Street as surplus property.
(Related Items: 13-18, 13-19, 13-20)
(Action Date: 2/25/13)
Fact Sheet (1549K)
32) 13-19 Change of Zone 12039 Application of the
Director of the Parks and Recreation
Department for a change of zone from P Public
Use District to R-2 Residential District on
property generally located at West B Street
and S. Folsom Street. (Related Items: 13-18,
13-19, 13-20) (Action Date: 2/25/13)
Fact Sheet (1542K)
33) 13-20 Approving a Real Estate Sales Agreement
between the City and Willard Community Center
for property generally located at 1245 S.
Folsom Street. (Related Items: 13-18, 13-19,
13-20) (Action Date: 2/25/13)
Fact Sheet (81K)
Attachment (2131K)
RESOLUTIONS - 1ST READING (ITEMS 34 AND 35 HAD 1ST READING)
34) 13R-38 Approving an Interlocal Agreement between the City
of Lincoln, Parks and Recreation Department, and
the Nebraska Game and Parks Commission for
engineering services and construction improvements
to Bowling Lake generally located at N.W. 48th
Street and W. Cuming Street.
Fact Sheet (82K)
Attachment (179K)
35) 13R-37 Approving a Construction Engineering Services
Agreement between the City and the Nebraska Dept.
of Roads for the use of Federal Surface
Transportation Program Funds for the Citywide
Street Resurfacing Project (State Project No.
LCLC-5228(4), CN 13138, City Project No. 540022).
Fact Sheet (12K)
Attachment (2447K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (See Bill Nos. 10-4 & 10R-26) (EXTENDED ONE WEEK)
36) 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
37) 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)
38) 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)
(Request to Withdraw & Remove from Council Agenda)
(WITHDRAWN, 7-0; #38-4629)
39) 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) (Request to
Withdraw & Remove from Council Agenda)
(WITHDRAWN, 7-0; #38-4630)
40) 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)
41) 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)
42) 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)
43) 12-76 Amending Section 10.34.030 of the Lincoln
Municipal Code relating to Parking Meters:
Deposit of Coins and Time Limits, to provide
that no parking fee shall be charged on
Martin Luther King Day, Presidents Day and
Veterans Day. (6/25/12 - Placed on
Pending - No Date Certain)
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 11TH AND 25TH.
ADJOURNMENT 4:42 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