City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JUNE 27, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
THERE WILL BE NO MEETING THE WEEK OF JULY 4
DUE TO THE HOLIDAY
PRESENTATION BY POLICE CHIEF JIM PESCHONG
BYRNE JUSTICE ASSISTANCE GRANT
(Public Comments Welcome)
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) Clerk's letter and Mayor's approval of Ordinances
and Resolutions passed by Council on June 13,
2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
2) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11020 to Use
Permit No. 150B, Appian Way Regional Shopping
Center Phase II, approved by the Planning Director
on June 15, 2011, requested by Tallgrass
Development, LLC., to revise the Land Use Table
for Lot 3, Block 2, to show the allocated floor
area as automobile sales and amending the trip
generation calculations accordingly, on property
located on the 8800 block of Amber Hill Court.
3) Setting the Hearing Date of Monday, July 11, 2011
at 3:00 P.M. for Application of Cory Fletcher dba
Mahoney Golf Course for an upgrade of liquor
license from Class A to Class I located at 7900
Adams Street. (ADOPTED, 6-0; A-86385)
4) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEM 5 HAD 2ND READING)
5) 11-83 Change of Zone 11016 - Application of Mark
Hunzeker, on behalf of the property owners,
for a change of zone from R-6 Residential
District to B-3 Commercial District, on
property generally located east of South 25th
Street to South 27th Street along the north
side of N Street. (6/20/11 - P.H./2nd
Reading con't. 1 week to 6/27/11)
Fact Sheet (717K)
PUBLIC HEARING - RESOLUTIONS
6) 11R-139 A resolution declaring the official intent of the
City of Lincoln, Nebraska to reimburse certain
expenses in connection with the acquisition,
purchase and installation of light poles from the
proceeds of City of Lincoln, Nebraska Certificates
of Participation. (ADOPTED, 6-0; A-86386)
7) 11R-140 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 1 - 15,
2011. (ADOPTED, 6-0; A-86387)
Fact Sheet (14K)
Attachment (20K)
8) 11R-141 Approving JASF Inc. dba Nowhere Bar & Grill as a
keno satellite site at 2050 Cornhusker Highway.
(ADOPTED, 6-0; A-86388)
Fact Sheet (89K)
9) 11R-142 Providing 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, 6-0; A-86389)
Fact Sheet (12K)
Attachment (8K)
10) 11R-143 Misc. No. 11003 Declaring the Yolande Avenue
Redevelopment Area as blighted and substandard in
an estimated 96.6 acres generally bounded between
Cornhusker Highway and Salt Creek, from
approximately North 14th Street at the west
boundary to approximately North 24th Street at the
east boundary.(ADOPTED, 6-0; A-86390)
Fact Sheet (984K)
Attachment 1 (77K)
Attachment 2 (9737K)
Attachment 3 (283K)
11) 11R-144 Comp. Plan Conformance No. 11005 Resolution of
intent to create a Business Improvement District
for the maintenance, repair and reconstruction of
certain public facilities and improvements in the
area of Havelock Avenue from Cornhusker Highway
east to 64th Street, to be known as the Havelock
Business Improvement District. (ADOPTED,6-0;
A-86391)
Fact Sheet (841K)
Attachment (166K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 12 THRU 15 HAD 1ST READING)
12) 11-89 Change of Zone 11020 - Amending Section
27.31.040 of the Lincoln Municipal Code
relating to permitted conditional uses in the
B-2 Planned Neighborhood Business District to
modify conditional use requirements for the
sale of alcoholic beverages for consumption
on and off the premises by deleting required
yards and parking prohibitions in a required
yard when the building containing the
licensed premises abuts a residential
district and adding new language requiring
all exterior door openings of the licensed
premises to be located more than 100 feet
away from any parking spaces located in a
side or rear yard adjacent to a residential
district.
Fact Sheet (1292K)
13) 11-90 Amending the pay schedule and schedule of pay
ranges for employees whose classifications
are assigned to a pay range prefixed by the
letter "A" by creating the classification of
Business Development Specialist.
Fact Sheet (117K)
Attachment (9K)
14) 11-91 Amending Section 2.76.135 of the Lincoln
Municipal Code relating to Compensation Plan;
Merit Pay Plan to provide that part-time and
unrepresented employees coincide with the CIR
order for "N" and "X" pay range employees,
and making the changes retroactively
effective August 19, 2010.
Fact Sheet (117K)
15) 11-92 Amending Section 2.76.200 of the Lincoln
Municipal Code relating to Compensation Plan;
Temporary Assignment in a Higher
Classification to provide that part-time and
unrepresented employees at the maximum of
their "N" or "X" pay ranges receive a three
and one-half percent increase, and making the
changes retroactively effective August 19,
2010.
Fact Sheet (121K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
16) 11-76 Miscellaneous 11002 - Vacating the final plat
of Stone Bridge Creek Villas generally
located at Redstone Road and Humphrey Avenue
and retaining certain easements therein in
the name of the City.(PASSED,6-0;
#19563)
Fact Sheet (648K)
17) 11-81 Authorizing the issuance of tax allocation
bonds with a total not to exceed $713,000.00
for the City of Lincoln, 17th and Q/Credit
Union Redevelopment Project in Downtown
Lincoln. (Related Items: 11-81, 11R-135,
11R-136)(MTA #1, 6-0; PASSED AS AMENDED, 6-0;
#19564)
18) 11R-135 Approving the 17th and Q/Credit Union
Redevelopment Agreement between the University of
Nebraska Federal Credit Union and Littlemore
Properties Corporation and the City relating to
the redevelopment of property generally located at
17th and Q Streets and 17th and P Streets in
Downtown Lincoln. (Related Items: 11-81, 11R-
135, 11R-136) (Action Date: 6/27/11)
(ADOPTED, 6-0; A-86392)
Fact Sheet (138K)
Attachment (10918K)
19) 11R-136 Approving an amendment to the FY 10/11 CIP to
authorize and appropriate $713,000.00 in TIF funds
for the 17th and Q/Credit Union Redevelopment
Project generally located at 17th and Q Streets
and 17th and P Streets in Downtown Lincoln.
(Related Items: 11-81, 11R-135, 11R-136)
(Action Date: 6/27/11)(ADOPTED, 6-0; A-86393)
Fact Sheet (134K)
20) 11-82 Change of Zone 11015 - Application of Alan
Schmidt for a change of zone from R-1
Residential District to R-3 Residential
District, on property generally located at
South 27th Street and Tierra Drive.
(PASSED, 6-0; #19565)
Fact Sheet (328K)
21) 11-84 Change of Zone 11018 - 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; and 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. (Related Items: 11-84, 11R-137,
11-85) (MTA #1, 6-0; PASSED AS AMENDED, 6-0; #19566)
Fact Sheet (251K)
22) 11R-137 Approving the Development and Conditional Zoning
Agreement for North 45th Street and Vine Street
between AG Realty Limited Partnership and the City
of Lincoln for a change of zone from B-1 Local
Business District to H-2 Highway Business District
for a range of commercial and retail uses, to
restrict uses which would not be compatible with the
surrounding uses and development, on property generally
located at North 45th Street and Vine Street. (Related
Items: 11-84, 11R-137, 11-85) (Action Date: 6/27/11)
(MTA #1, 6-0; ADOPTED AS AMENDED, 6-0; A-86394)
Fact Sheet (18K)
Motion To Amend (130K)
23) 11-85 Change of Zone 11017 - Application of AG
Realty Limited Partnership for a change of
zone from B-1 Local Business District to H-2
Highway Business District on property
generally located at North 45th
Street and Vine Street. (Related Items:
11-84, 11R-137, 11-85)(PASSED, 6-0; #19567)
Fact Sheet (354K)
24) 11-86 Street Name Change 11002 - Renaming the
remaining portion of Pine Lake Road between
Westshore Drive and Highway 2 as "Eiger
Drive." (PASSED, 6-0; #19568)
Fact Sheet (248K)
25) 11-87 Amending Chapter 20.04 of the Lincoln
Municipal Code, Dangerous Building Code, by
amending Section 20.04.010 to add the Chief
Fire Inspector to the phrase to be
substituted in lieu of Fire Marshal in the
Uniform Code for the Abatement of Dangerous
Buildings; amending Section 20.04.020 to
provide that entries for inspections shall be
done in accordance with all applicable laws;
amending Section 20.04.025 to make the owner
of a dangerous building responsible for
repairs, abatement or demolition, regardless
of the cause of the damage; adding a new
section numbered 20.04.040 to amend Section
301 of the Uniform Code for the Abatement of
Dangerous Buildings to provide amended
definitions; amending Section 20.04.041 to
add provisions relating to dangerous
buildings that interfere with City operations
and provisions relating to the demolition of
dangerous buildings that stop without
reasonable cause; adding a new section
numbered 20.04.045 to amend Section 501 of
the Uniform Code for the Abatement of
Dangerous Buildings relating to appeals;
adding a new section numbered 20.04.052 to
add Section 701.4 to the Uniform Code for the
Abatement of Dangerous Buildings to provide
for action by the City in the event that a
dangerous building interferes with City
infrastructure; adding a new section numbered
20.04.053 to add Section 701.5 to the Uniform
Code for the Abatement of Dangerous Buildings
to allow the City to take over repairs or
demolition in the event of a stoppage of
work; and adding a new section numbered
20.04.054 to add Section 701.6 to the Uniform
Code for the Abatement of Dangerous Buildings
to allow the City to repair or demolish a
dangerous building without notice to an owner
in an emergency. (MTA #1, 6-0; DELAYED TO
JULY 11, 2011 FOR ACTION ONLY, 6-0)
Fact Sheet (16K)
26) 11-88 Amending Chapter 2.02 of the Lincoln
Municipal Code relating to Governmental
Organization by adding a new section numbered
2.02.065 entitled "Director of Public
Safety." (PASSED, 6-0; #19569)
Fact Sheet (17K)
RECONSIDERATION
27) Application of Black Bear Enterprises LLC dba The
Viper/Drunken Monkey to move their presently
licensed premises from 640 West Prospector to 1211
O Street. (6/20/11 - Motion to Reconsider
passed)(MOTION TO REMOVE FROM AGENDA, 4-2;
CARROLL, COOK, EMERY, SNYDER ASSENTING; ESKRIDGE,
HORNUNG DISSENTING)
PENDING LIST - DATE CERTAIN
28) 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) (6/20/11 - Remove from
Pending to have P.H. 7/25 with Action on
8/1/11)
Fact Sheet (19K)
Attachment (350K)
PENDING LIST (EXTENDED ONE WEEK)
29) 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)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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." (6/6/11 - Public Hearing
delayed 2 weeks to 6/20/11) (6/13/11 -
Indefinite Pending)
Fact Sheet (135K)
Attachment (42K)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, JULY 11, 2011, AT 3:00 P.M.
(APPROVED, 6-0)
41) 11R-145 A resolution declaring the official intent of the
City of Lincoln, Nebraska to reimburse certain
expenses in connection with constructing,
equipping and furnishing a new clubhouse and
related facilities and equipment for the City's
Holmes Golf Course from the proceeds of City of
Lincoln, Nebraska's Certificates of Participation.
Attachment (46K)
42) 11R-146 Approving the 2011-12 Work Plan for the Interlocal
Agreement on Stormwater Management between the
City and Lower Platte South Natural Resources
District to address stormwater quality and
quantity issues.
Fact Sheet (12K)
Attachment (282K)
43) 11R-147 Appointing Patrick Finnegan to the Citizen Police
Advisory Board for a term expiring November 17,
2013.
Attachment (74K)
44) 11R-148 Appointing Shandi Pettine Peterson to the Cable
Advisory Board for a term expiring July 1, 2014.
Attachment (66K)
45) 11R-149 Reappointing Jonathan Rehm to the Cable Advisory
Board for a term expiring July 1, 2014.
46) 11R-150 Reappointing Russ F. Neil and Thomas Wright to the
Alarm Review Board for terms expiring July 1,
2013.
47) 11R-151 Approving a Subgrant Agreement between the City of
Lincoln on behalf of the Lincoln Lancaster County
Health Department and the Nebraska Department of
Health and Human Services, Division of Public
Health Tobacco Free Nebraska Program, to accept a
subgrant in the amount of $650,396.00 to develop
and implement strategies for reducing tobacco use
and exposure to tobacco smoke in schools and
communities and eliminate disparities related to
tobacco use and its effects among population
groups, for a term of July 1, 2011 through June
30, 2013.
Fact Sheet (96K)
Attachment (820K)
48) 11R-153 Approving an Interlocal Agreement with Lancaster
County for Equal Opportunity Officer services.
Attachment (16K)
49) 11R-154 Special Permit No. 11013 - Appeal of Roger A. Schwisow
from the conditional approval for soil excavation
(in particular the commencement date and hours of
operation) on property located northwest of N.W. 56th
Street and West O Street.
Fact Sheet (918K)
Memo (185K)
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 JUNE ARE THE 13TH AND 27TH.
ADJOURNMENT 6:43 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