City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, MAY 23, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT
THERE WILL BE NO COUNCIL MEETING THE WEEK OF
MAY 30 DUE TO THE HOLIDAY
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) 11R-112 Appointing Dr. Sarah Cada, April Rimpley, Kyle
Michaelis and Mark Hunzeker to the
Lincoln/Lancaster County EMS Oversight
Authority, Inc. for four-year terms to expire on
May 16, 2015. (5/9/11 - Introduction
suspended 1 wk to 5/16/11) (MOTION TO SEPARATE:
DR. SARAH CADA APPROVED, 7-0; APRIL RIMPLEY
APPROVED, 7-0; KYLE MICHAELIS APPROVED, 5-2;
CARROLL, COOK, EMERY, ESKRIDGE, SNYDER ASSENTING;
CAMP, HORNUNG DISSENTING; MARK HUNZEKER APPROVED, 7-0;
ADOPTED, A-86339)
Attachment (295K)
2) Lincoln Water & Wastewater System Recapitulation
of Daily Cash Receipts for the month of April,
2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
3) Setting the hearing date of Monday, June 13,
2011 at 3:00 p.m. for the application of Black
Bear Enterprises, LLC dba The Viper/The Drunken
Monkey for a change of premise of their existing
Class I liquor license currently located at 640
West Prospector Ct. to a new location described
as an entire two-story building approx. 142 ft.
x 25 ft., including basement, located at 1211 O
St. (ADOPTED, 7-0; A-86340)
4) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 11015 - Requested by
Hutchinson Architects, P.C. from R-1 Residential
District to R-3 Residential District on property
generally located at S. 27th Street and Tierra
Drive.
Change of Zone No. 11016 - Requested by
Mark Hunzeker from R-6 Residential District to
B-3 Commercial District on property generally
located at S. 27th Street and N Street.
Change of Zone No. 11017 - Requested by
Jennifer Strand from B-1 Local Business District
to H-2 Highway Business District on property
generally located at North 45th Street and Vine
Street.
Change of Zone No. 11018 - Requested by
Jennifer Strand amending Chapter 27.41 of the
Lincoln Municipal Code relating to the H-2
Highway Business District by amending Section
27.41.020 to delete the square footage
restriction on stores or shops for the sale of
goods at retail not otherwise permitted in this
chapter; amending Section 27.41.030 to add
assembly facilities, including but not limited
to the assembly of equipment, instruments, and
appliances such as computers and musical
instruments, as a permitted conditional use in
the H-2 District, and repealing Sections
27.41.020 and 27.41.030 of the Lincoln Municipal
Code as hitherto existing.
Change of Zone No. 11019 - Requested by
Kent Seacrest amending Title 27 of the Lincoln
Municipal Code, the Zoning Code, by amending
Chapter 27.03 to add the definition of
"Entertainment Restaurant" as Section 27.03.218
and to renumber existing Section 27.03.218
(Existing Urban Area) as Section 27.03.219;
amending Sections 27.31.040, 27.33.030, and
27.37.025 to allow entertainment restaurants as
a conditional use in the B-2, B-3, and B-5
zoning districts, respectively; amending Section
27.47.020 to prohibit an entertainment
restaurant as a permitted use in the I-1
Industrial District; and repealing Sections
27.03.218, 27.31.040, 27.33.030, 27.37.025, and
27.47.020 of the Lincoln Municipal Code as
hitherto existing.
Special Permit No. 11010 - Requested by
ESP, Inc. for authority to operate a limited
landfill on property generally located at U.S.
Highway 34 and NW 48th Street (6707 NW 48th
Street).
5) MISCELLANEOUS REFERRALS
PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11015 to Special
Permit No. 450P, Madonna Health Center, approved
by the Planning Director on May 10, 2011 requested
by Erickson Sullivan Architects to revise the site
plan to add parking stalls adjacent to S. 52nd St.
and S. 56th St. on property generally located
at S. 56th St. and South St.
Administrative Amendment No. 11012 to Change of
Zone No. 05068A, The Woodlands at Yankee Hill,
approved by the Planning Director on May 16, 2011
requested by ESP, Inc. to add conditions for the
installation and operation of a sewer pump near
the intersection of S. 80th St. and Yankee Woods Dr.
on property generally located at S. 70th St. and
Yankee Hill Rd.
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 6
THRU 14 HAD 2ND READING)
6) 11-60 Amending Chapter 8.32 of the Lincoln
Municipal Code relating to Solid Wastes by
amending Section 8.32.010 to add the
definition of "dwelling"; adding a new
section numbered 8.32.205, Garbage Service
to be Provided, and amending Sections
8.32.210 and 8.32.220 to require garbage
service for every dwelling in the city.
Fact Sheet (141K)
7) 11R-116 Approving the U.S. Hwy. 34 & West Fletcher
Avenue Conditional Zoning Agreement between the
City of Lincoln and Par 5 Partners, LLC for a
change of zone from R-3 Residential District,
O-2 Suburban Office District and AG Agriculture
District to I-2 Industrial Park District and to
control access to West Fletcher Avenue, on
property generally located at Highway 34 and
West Fletcher Avenue. (Related Items: 11R-116,
11-61) (Action Date: 6/6/11)
Attachment (13K)
8) 11-61 Change of Zone No. 10028 - Application of
Par 5 Partners, LLC, for a change of zone
from O-2 Suburban Office District, R-3
Residential District and AG Agriculture
District to I-2 Industrial Park District on
property generally located at US Highway 34
and West Fletcher Ave. (Related Items:
11R-116, 11-61) (Action Date: 6/6/11)
Fact Sheet (516K)
9) 11-62 Change of Zone No. 11010 - Application of
John McArthur for a change of zone from H-3
Highway Commercial District to I-1
Industrial District on property generally
located at North 39th Street and Cornhusker
Highway.
Fact Sheet (513K)
10) 11-63 Change of Zone No. 11011 - Amending Title
27 of the Lincoln Municipal Code to allow
Agricultural Attractions in the AG
Agriculture District by amending Chapter
27.03 to add a new section numbered
27.03.043 to define "Agricultural
Attraction;" amending Section 27.07.030 to
establish an Agricultural Attraction as a
conditional use in the AG Agriculture
District; and amending Section 27.67.040 to
provide parking requirements for
Agricultural Attractions.
Fact Sheet (17K)
11) 11-64 Change of Zone No. 11012 - Application of
Mark Bousek for a change of zone from R-2
Residential District to R-4 Residential
District on property generally located at
North 70th Street and Cleveland Avenue.
Fact Sheet (778K)
12) 11-65 Change of Zone No. 11013 - Application of
Eiger Corp. for a change of zone from AG
Agriculture District to B-5 Planned
Regional Business District on property
generally located at South 84th Street and
Pine Lake Road.
Fact Sheet (522K)
13) 11-66 Change of Zone No. 11014 - Application of
Larry Buller to designate the property at
2943 Garfield Street as a Historic
Landmark. (Related Items: 11-66,
11R-114) (Action Date: 6/6/11)
Fact Sheet (1272K)
Attachment (235K)
14) 11R-114 Special Permit No. 11007 - Historic Preservation
application of Larry Buller to adjust the side
yard and parking requirements on property
generally located at 2943 Garfield Street.
(Related Items: 11-66, 11R-114) (Action Date:
6/6/11)
Fact Sheet (786K)
PUBLIC HEARING - RESOLUTIONS
15) 11R-120 Approving a Contract Agreement between the City
and KCI, Inc. for Fibre Channel Switches and
Installation, pursuant to Quote 3479, for a
two-year term. (ADOPTED, 7-0; A-86341)
Fact Sheet (114K)
Attachment (1506K)
16) 11R-115 Use Permit No. 56F - Application of Menard,
Inc., for authority to add a garden center and
outdoor warehouse, with a waiver to reduce the
required parking ratio, on property generally
located at North 27th Street and Cornhusker
Highway. (ADOPTED, 7-0; A-86342)
Fact Sheet (1147K)
17) 11R-117 Approving the Fiber and Conduit Sharing
Agreement between the City of Lincoln, Lancaster
County, the District Energy Corporation and
Unite Private Networks, LLC, relating to the
installation, operation and maintenance of a
private network within certain streets and
public rights of way within publicly owned
facilities of the parties.
(ADOPTED, 7-0; A-86343)
Fact Sheet (13K)
Attachment (1166K)
18) 11R-118 To provide authority to assess property owners
for the cost of snow and ice removal by the City
from sidewalks adjacent to their property during
the winter season of 2010 - 2011.
(ADOPTED, 7-0; A-86344)
Fact Sheet (12K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 19
THRU 24 HAD 1ST READING)
19) 11-72 Authorizing the execution and delivery of a
Loan Contract between the Nebraska
Department of Environmental Quality and the
City in connection with improvements to the
City's water system.
Attachment (265K)
20) 11-67 Vacation No. 11005 - Vacating the right-of-
way stub of Windmill Drive on the east side
of North 84th Street between Adams Street
and Leighton Avenue.
Fact Sheet (821K)
21) 11-68 Amending the pay schedule for a certain
employee group by creating the
classification of "Benefits Clerk."
Fact Sheet (134K)
Attachment (8K)
22) 11-69 Amending the pay schedule for a certain
employee group by creating the
classifications of "Library Service
Associate", "Library Service Supervisor",
"Librarian", "Library Manager", and
"Library Coordinator."
Fact Sheet (135K)
Attachment (42K)
23) 11-70 Amending the pay schedule for a certain
employee group by adjusting the hourly pay
range schedule and schedules of annual,
monthly, biweekly and hourly pay range
equivalents for employees of the City of
Lincoln whose classifications are assigned
to pay ranges prefixed by the letter "X" to
be effective August 19, 2010.
Fact Sheet (137K)
Attachment (961K)
24) 11-71 Approving the lease agreement between the
City and Mueller/Bigert Rentals for the
lease of office space by Aging Partners for
its Personal & Family Services program at
137 North 8th Street, Geneva, NE 68351 for
a term of August 1, 2011 through July 31,
2012.
Fact Sheet (196K)
Attachment (111K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
NONE
RESOLUTIONS - ACTION ONLY
25) 11R-104 Special Permit No. 11005 - Appeal of Judy
and Jim Lerdahl from the conditional
approval allowing a domiciliary care
facility for up to 32 residents on property
generally located at South 27th Street and
Wilderness Hills Boulevard. (5/9/11 -
Action Delayed 1 wk to 5/16/11) (5/16/11 -
Action Delayed 1 wk to 5/23/11)
(ADOPTED, 7-0; A-86345)
Fact Sheet (3589K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED TWO WEEKS)
26) 05-188 Change of Zone 3413 - Application of Landon's
Neighborhood Assoc. for a change of zone from
R-4 Residential to R-2 Residential on property
generally located at N. 24th and Superior
Streets. (12/19/05 - Placed on Pending
Indefinitely)
Fact Sheet (1465K)
27) 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)
28) 09-20B Annexation No. 08016 - Amending the Lincoln
Corporate Limits Map by annexing approximately
106 acres north of Interstate 80 on both sides
of NW 48th Street. (3/2/09 - Placed on
Pending Indefinitely)
Fact Sheet (220K)
Attachment (296K)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 11-47 Amending Ordinance No. 17366 passed June
29, 1998, and Ordinance No. 18214 passed
August 4, 2003, for the widening and
reconstruction of Old Cheney Road from
Nebraska Highway 2 to approximately 1,450
feet east of South 84th Street to remove
design requirements for raised medians and
right turn lanes. (5/2/11 - Action
delayed 1 wk w/P.H. on 5/9/11) (5/9/11 -
Placed on Indefinite Pending)
Fact Sheet (19K)
Attachment (350K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JUNE 6, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
38) 11R-123 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of May 1 -15,
2011.
Fact Sheet (14K)
Attachment (21K)
39) 11R-122 Approving an Agreement between the City and the
State of Nebraska Department of Roads for
construction of a 4" conduit for City of Lincoln
traffic communications on the 14th Street Bridge
over I-80 and to allow for coordination between
NDOR's North 14th Street bridge over I-80
project and the City's North 14th Street project
from Superior Street to Alvo Road.
Fact Sheet (12K)
Attachment (213K)
40) 11R-124 Approving an Agreement between the Nebraska
Department of Environmental Quality (NDEQ) and
the City of Lincoln, on behalf of the Lincoln
Lancaster County Health Department, regarding
the grant funding for the 2011 - 2012 Work Plan
for the Air Quality Program.
Fact Sheet (87K)
Attachment (1855K)
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. THE OPEN
MICROPHONE SESSIONS DURING THE MONTH OF MAY ARE THE
9TH AND 23RD.
ADJOURNMENT 7:31 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