City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, JULY 18, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CARROLL & EMERY
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-155 Appointing Thomas Higley to the Cable Television
Advisory Board for a three year term expiring July
1, 2014. (ADOPTED, 5-0; A-86410)
Attachment (78K)
2) Report of Settlement of Non Tort Claims.(PLACED
ON FILE)
PETITIONS & COMMUNICATIONS
3) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11016 to Special
Permit No. 605, Tierra West Community Unit Plan,
approved by the Planning Director on July 5, 2011,
requested by Hutchinson Architects, PC., to
increase the number of dwelling units on the R-3
zoned parcel at the southeast corner of S.
27th St. and Tierra Dr. from 72 to 103.
4) REFERRED TO PLANNING DEPARTMENT:
CHANGE OF ZONE NO. 11025, requested by the
Director of Planning, amending Section 27.35.020
of the Lincoln Municipal Code relating to
Permitted Uses in the B-4 Lincoln Center Business
District to prohibit sexually oriented live
entertainment establishments in all areas of the
B-4 zoning district; and repealing Section
27.35.020 of the Lincoln Municipal Code as
hitherto existing.
SPECIAL PERMIT NO. 1114E, requested by
Heritage Builders, Inc., for an amendment to the
Pheasant Run Addition Community Unit Plan,
relating to the construction and location of the
sidewalk along Pheasant Run Lane, on property
legally described as Outlot B, and Lots 2-7, Block
1, Pheasant Run Addition; Outlot B, and Lots 2-9,
Pheasant Run 1st Addition; Lot 1, Pheasant Run 2nd
Addition; Lot 1, Pheasant Run 3rd Addition; Lots 2-4,
Pheasant Run 4th Addition; Lots 1 and 2, Pheasant Run 5th
Addition; Outlot A, Lots 1-6, Block 1, and Lots 1-3,
Block 2, Pheasant Run 7th Addition; Outlots A, B, and C,
Pheasant Run 8th Addition; Lot 3 Pheasant Run 9th
Addition; and Lots 1 and 2, Pheasant Run 10th Addition;
all located in the SE 1/4 of Section 9-9-7, Lancaster County,
Nebraska, generally located at Old Cheney Road and
Pheasant Run Lane. The Planning Commission action
is final action, unless appealed to the City
Council.
SPECIAL PERMIT NO. 11019, requested by Blue
Blood Brewing Company, Inc., for a craft brewery
under the special permit for I-1 District, on
property legally described as Lots 1 and 12, Block
2, South Street Business Park Addition, located in
the NE 1/4 of Section 34-10-6, Lancaster County,
Nebraska, generally located at SW 5th
Street and W. South Street. The Planning
Commission action is final action, unless appealed
to the City Council.
5) Setting the Hearing Date of Monday, August 1, 2011
at 3:00 p.m. for Application of Chatters LLC dba
Main Street Caf‚ for a Class IK liquor license at
1325 O Street. (ADOPTED, 5-0; A-86411)
6) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
7) Application of GNS Corporation dba Discount City
for the addition of a catering license to its
Class D liquor license at 5560 South 48th Street,
Suite 6. (ADOPTED, 5-0; A-86412)
8) Application of Old Federal Place LLC dba Jasmine
Room for a special designated license covering an
outdoor area measuring approximately 27 feet by
260 feet and an outdoor area measuring
approximately 50 feet by 75 feet at 129 North 10th
Street on September 3, 10, 17; October 8, 29;
November 5, 25, 2011 from 7:00 a.m. to 2:00 a.m.
(ADOPTED, 5-0; A-86413)
9) Application of Lincoln Pub Group, Inc. dba N-Zone
for a special designated license covering an
outdoor area measuring approximately 60 feet by 80
feet immediately adjacent to its licensed premises
located at 728 1/2 Q Street on September 3, 10,
17; October 8, 29; November 5, 25, 2011 from 8:00
a.m. to 1:00 a.m. (ADOPTED, 5-0; A-86414)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
(ITEMS 10 THRU 18 HAD 2ND READING)
10) 11-96 Authorizing and providing for the issuance of
not to exceed $1,200,000 principal amount of
the City of Lincoln General Obligation
Special Assessment Revolving Fund Bonds,
Series 2011.
11) 11-97 Authorizing the City of Lincoln, Nebraska to
enter into an Equipment Lease Purchase
Agreement No. LIN2011-06E with Community
First National Bank, Manhattan, Kansas in the
amount of $561,330 for the acquisition of
plow trucks for the use of the City.
12) 11-93 Amending Chapter 5.06 of the Lincoln
Municipal Code relating to Arborists by
amending Sections 5.06.010, 5.06.020,
5.06.030, 5.06.040, 5.06.050, 5.06.060,
5.06.070, 5.06.080, 5.06.090 and 5.06.100 to
delete references to unused second class
arborist certification for pest and disease
control only; to clarify that employees may
perform work under the direct supervision of
a certified arborist; to allow certification
and testing fees to be established and
amended administratively; to increase
liability insurance requirements from
$500,000 to $1,000,000; and to clarify that
insurance should be in categories of tree
trimming and removal.
Fact Sheet (132K)
Motion To Amend 1 (6K)
13) 11-94 Amending Section 12.08.270 of the Lincoln
Municipal Code relating to alcoholic liquor
in parks to allow alcohol to be served at
Pinewood Bowl and in the indoor premises of
Pioneers Park Nature Center and Auld Pavilion
under the circumstances provided therein.
Fact Sheet (140K)
Motion To Amend 1 (6K)
Motion To Amend 2 (6K)
14) 11-95 Amending Section 10.14.450 of the Lincoln
Municipal Code relating to obstructing the
view of a driver by adding a phrase to
specify what constitutes an obstruction, to
reduce enforcement to a secondary violation
to harmonize the section with state statute
amendments, and to establish minimum fines
for violations of the section; repealing
Section 10.14.450 of the Lincoln Municipal
Code as hitherto existing; and establishing
an effective date of August 24, 2011, to
coincide with the effective date of the state
statute amendments.
Fact Sheet (17K)
15) 11-98 Change of Zone 11021 - Application of First
Apostolic Church to designate the property at
3935 Randolph Street as a Historic Landmark.
Fact Sheet (776K)
Attachment (301K)
16) 11-99 Change of Zone 11022 - Amending Section
27.61.100 of the Lincoln Municipal Code
relating to Expansion of Nonstandard Single-
and Two-family Dwellings Into Required Yards
to allow the enlargement, extension, or
reconstruction of the main building used for
a single- or two-family dwelling and
accessory buildings considered part of the
main building in the R-1 through R-8
Residential Zoning Districts.
Fact Sheet (19K)
17) 11-100 Vacation 11007 - Vacating a portion of S Street, a
portion of North 6th Street and a portion of the
east-west alley of Block 270, Original Plat of
Lincoln; and a portion of T Street and a portion
of the east-west alley in Block 281, Original Plat
of Lincoln.
Fact Sheet (443K)
18) 11-101 Approving an Agreement between the City and New
Cingular Wireless PCS to locate a communication
facility on property generally located at 56th
Street and Pine Lake Road.
Fact Sheet (19K)
Attachment (4753K)
PUBLIC HEARING - RESOLUTIONS
19) 11R-161 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of June 16 - 30,
2011. (ADOPTED, 5-0; A-86415)
Fact Sheet (14K)
Attachment (23K)
20) 11R-156 Approving the Fiscal Year 2011 Action Plan: One
Year Use of Funds for HUD Entitlement Programs.
Fact Sheet (138K)
Attachment (843K)
Motion To Amend 1 (6K)
(MTA #1, 5-0; ADOPTED AS AMENDED, 5-0; A-86416)
21) 11R-157 Approving a Funding Agreement between the City of
Lincoln and the State of Nebraska Department of
Roads to allow the use of Federal Transportation
Program Funds for construction and construction
engineering to replace existing pedestrian signal
heads with countdown-style pedestrian signal
heads. City project No. 701076. State Project No.
HSIP 5239(7), CN 12927. (ADOPTED, 5-0; A-86417)
Fact Sheet (13K)
Attachment (1507K)
22) 11R-160 Special Permit 11014 - Application of William and
Myrna Wood to reduce the side yard setback to 0
feet to allow use of the east side yard for an
egress stair from the third floor on property
generally located at 720 S. 16th Street.
(ADOPTED, 5-0; A-86418)
Fact Sheet (403K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 23 THRU 25 HAD 1ST READING)
23) 11-102 Street Name Change 11003 - Renaming that portion
of North 90th Street between Leighton Avenue and
Broken Spoke Drive as "Cedar Cove Road" located in
Cedar Cove Addition.
Fact Sheet (363K)
Attachment (1616K)
24) 11-103 Amending Chapter 8.44 of the Lincoln Municipal
Code relating to Water Wells by amending Section
8.44.010 to add, delete and revise definitions
used within the chapter; amending Section 8.44.020
to clarify the purposes of this chapter; amending
Section 8.44.030 regarding the permitted use of
water wells; repealing Section 8.44.040, Temporary
Permit for Domestic Use of New Water Well - When
Required; amending Section 8.44.050 regarding who
is authorized in construction or repair of water
wells and what permits are required; amending
Section 8.44.060 to require permits for
maintaining and using water wells every year;
amending Section 8.44.070 to clarify fees and
refunds and filing of the permit; amending Section
8.44.075 to change permit fee references from
biennial to annual; amending Section 8.44.080 to
clarify appeal requirements; amending Section
8.44.100 to clarify notice and procedure to
decommission a water well; amending Section
8.44.110 to clarify permitted use of water wells
within the city limits; amending Section 8.44.120
to clarify decommissioning of a well by the
Director; and adding a new section numbered
8.44.130 to provide enforcement and penalty
provisions for violations of Chapter 8.44.
Fact Sheet (145K)
Attachment (56K)
25) 11-104 Amending Section 3.24.080 of the Lincoln Municipal
Code relating to the Telecommunication Occupation
Tax to further clarify that state universal
service fund fees have been and continue to be a
necessary component of telecommunication services
which are subject to the telecommunication
occupation tax; and to indicate that
Telecommunication Relay System surcharges and
Enhanced Wireless 911 surcharges are no longer
subject to the telecommunication occupation tax.
Fact Sheet (14K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
26) 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. (PASSED, 5-0; #19572)
Fact Sheet (1292K)
27) 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. (PASSED, 5-0;
#19573)
Fact Sheet (117K)
Attachment (9K)
28) 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. (PASSED, 4-1;
CAMP, COOK, ESKRIDGE, SNYDER ASSENTING; HORNUNG
DISSENTING; #19574)
Fact Sheet (117K)
29) 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.
(PASSED, 4-1; CAMP, COOK, ESKRIDGE, SNYDER
ASSENTING; HORNUNG DISSENTING; #19575)
Fact Sheet (121K)
PENDING LIST - DATE CERTAIN
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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 25, 2011, AT 5:30 P.M.
(APPROVED, 5-0)
43) 11R-162 Declaring the official intent of the City of
Lincoln, Nebraska to reimburse certain expenses in
connection with acquisition, installation and
implementation of computer software used by the
City from proceeds of City of Lincoln, Nebraska
Certificates of Participation.
44) 11R-163 Approving the issuance of not to exceed
$100,000,000 of General Obligation Facility Bonds
of the West Haymarket Joint Public Agency.
45) 11R-158 Approving the Application of the Lincoln-Lancaster
County Health Department to the Nebraska
Department of Health and Human Services for a
subgrant in the amount of $938,626.18 for the
Minority Health Initiative Projects for the period
of July 1, 2011 through June 30, 2013.
Fact Sheet (87K)
Attachment (4611K)
46) 11R-164 Appointing Mogien Boyd to the Lincoln-Lancaster
County Board of Health for a three-year term
expiring April 15, 2014.
Attachment (67K)
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 JULY ARE THE 11TH AND 25TH.
ADJOURNMENT 4:27
***
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