City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM AGENDA FOR THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 3, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
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-233 Appointing Bennie Shobe Jr. to the Commission on
Human Rights to fill an unexpired term expiring
December 31, 2011. (ADOPTED 6-0; A-86513)
Attachment (90K)
2) Report of Settlement Agreement under Neb. Rev.
Stat. 84-713. (non tort claims)(PLACED ON FILE)
Attachment
3) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on September 19, 2011. (PLACED ON FILE)
4) Report from City Treasurer of City Cash on hand at
the close of business on August 31, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday, October 17,
2011 at 3:00 p.m. for the application of Parker's
Rib Ranch, Inc. dba Parker's Smokehouse to add
Catering to their Class I liquor license located
at 6440 O Street. (ADOPTED 6-0; A-86514)
6) Setting the hearing date of Monday, October 17,
2011 at 3:00 p.m. for the application of Hy-Vee,
Inc. dba Hy-Vee #1 for a Class CK liquor license
located at 5010 O Street. (ADOPTED 6-0; A-86515)
7) Setting the hearing date of Monday, October 17,
2011 at 3:00 p.m. for the application of WMJD LLC
dba Single Barrel for a Class CK liquor license
located at 130 N. 10th Street. (ADOPTED 6-0; A-86516)
8) Setting the hearing date of Monday, October 17,
2011 at 3:00 p.m. for the application of Nebraska
CVS Pharmacy LLC dba CVS Pharmacy 4033 for a Class
D liquor license located at 5611 S. 27th Street.
(ADOPTED 6-0; A-86517)
9) Setting the hearing date of Monday, October 17,
2011 at 3:00 p.m. for the application of Lincoln
South LLC dba Pepper Jax Grill for a Class A
liquor license located at 2801 Pine Lake Road,
Suite S. (ADOPTED 6-0; A-86518)
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of Rhino Dynamics, Inc. dba Duffy's
Tavern for a special designated license covering
an outdoor area measuring approximately 50 feet by
75 feet at 1412 O Street on October 8, 2011 from
9:00 a.m. to 2:00 a.m. (ADOPTED FOR APPROVAL 6-0; A-86519)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)(ITEMS 12 THRU 19 HAD 2ND READING)
12) 11-144 Amending Title 3 of the Lincoln Municipal Code
relating to Revenue and Finance by adding a new
section numbered 3.06.010 to establish and define
the biennial budget; adding a new section numbered
3.06.020 to establish the procedure and calendar
for the formulation of the proposed biennial
executive budget and for its submission to the
council; adding a new section numbered 3.06.030 to
establish the contents of the biennial budget;
adding a new section numbered 3.06.040 to
establish the procedure for the adoption of the
biennial budget; adding a new section numbered
3.06.050 to establish and define the procedure for
reduction, transfer and revision to the biennial
budget; adding a new section numbered 3.06.060 to
establish the procedure for the capital
improvement biennial budget; and adding a new
section numbered 3.06.070 to establish a date to
set the property tax rate and re-appropriate
unencumbered appropriations for the second year.
Fact Sheet (90K)
13) 11-147 Amending Section 2.76.200 of the Lincoln Municipal
Code, Compensation Plan; Temporary Assignment in a
Higher Classification, to allow employees in the
pay ranges prefixed by the letters N and X to
coincide with PAGE employees to be effective
August 18, 2011.
Fact Sheet (138K)
14) 11-152 Amending Section 2.76.380 of the Lincoln Municipal
Code, Sick Leave with Pay, to clarify for employees
in the pay ranges prefixed by the letters N and X
that sick leave payout upon resignation is for
regular employees only.
Fact Sheet (138K)
15) 11R-235 Approving the I-80 West Lincoln Business Center
Conditional Annexation and Zoning Agreement
between the City and Ringneck Development LLC for
annexation of approximately 7.72 acres and the
development of 233 acres of property generally
located at N.W. 48th Street and I-80. (Related
Items: 11R-235, 11-149, 11-150)(Action Date: 10/10/11)
Fact Sheet (13K)
Attachment (4677K)
16) 11-149 Annexation No. 07005 - Amending the Lincoln
Corporate Limits Map by annexing approximately
7.72 acres generally located at N.W. 48th Street
and West Holdrege Street. (Related Items: 11R-
235, 11-149, 11-150) (Action Date: 10/10/11)
Fact Sheet (1020K)
Attachment (404K)
17) 11-150 Change of Zone No. 07063 - Application of Ringneck
Development for a change of zone from AG
Agricultural District to R-3 Residential with a
Planned Unit Development designation on 7.72 acres
of property generally located at N.W. 48th Street
and West Holdrege Street with requested waivers
and modification to the Zoning Ordinance and Land
Subdivision Ordinance to allow approximately
42,000 square feet of office and commercial floor
area and six dwelling units on the underlying R-3
zoned area. (Related Items: 11R-235, 11-149,
11-150)(Action Date: 10/10/11)
Fact Sheet (2189K)
18) 11-151 Approving a Lease Agreement between the Lincoln
Parks and Recreation Department and Lincoln Parks
and Recreation Foundation for the lease of
approximately 230 square feet of space to the
Foundation at 2740 A Street for a 13.5 year
period.
Fact Sheet (100K)
Attachment (398K)
19) 11-153 Approving the allocation of $1 million of Capital
Improvement Funds appropriated in the FY 2011-12
budget to certain projects within the Parks and
Recreation Department.
Fact Sheet (93K)
Attachment (59K)
PUBLIC HEARING - RESOLUTIONS
20) 11R-234 Approving a Contract Agreement between the City
and Capital Towing, Inc. for the annual
requirements for City of Lincoln Towing and
Storage Services, pursuant to Bid No. 11-176, for
a four-year term with an option to renew for one
additional four-year term. (MOTION BY HORNUNG TO
REJECT THE BIDS AND INITIATE A RE-BID. ADOPTED 5-1;
CARROLL, COOK, EMERY, ESKRIDGE, HORNUNG ASSENTING;
CAMP DISSENTING; #38-4611)
Fact Sheet (117K)
Attachment (32273K)
21) 11R-237 Approving a contract agreement between the Parks
and Recreation Department and the Lincoln Parks
and Recreation Foundation establishing the mutual
responsibilities and understandings in providing
facilities and programs through fund raising
activities, securing grant funds, donor
stewardship and volunteer recruitment for a four
year term. (ADOPTED 6-0; A-86521)
Fact Sheet (109K)
Attachment (388K)
22) 11R-238 Approving an Interlocal Agreement between the City
and the Lincoln-Lancaster County Public Building
Commission to install a solar renewable energy
rooftop array on the Lincoln Police Department
Center Team headquarters building at 1501 N. 27th
Street, utilizing federal Energy Efficiency and
Conservation Block Grant funds. (ADOPTED 6-0;
A-86522)
Fact Sheet (91K)
Attachment (262K)
23) 11R-239 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 1 -
15, 2011. (ADOPTED 6-0; A-86523)
Fact Sheet (14K)
Attachment (23K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
(ITEMS 24 THRU 30 HAD 1ST READING)
24) 11-148 Authorizing and providing for the issuance of not
to exceed $3,000,000.00 principal amount the City
of Lincoln, Nebraska General Obligation Special
Assessment Revolving Fund Bonds, Series 2011B.
25) 11-158 Authorizing the City of Lincoln, Nebraska to enter
into a lease-purchase transaction with Union Bank
and Trust Company, Lincoln, Nebraska, in an amount
not to exceed $4,750,000.00 for the acquisition of
street lights, computer software and a new
clubhouse and related furnishings at Holmes Golf
Course.
26) 11-155 Change of Zone 11031 - Application of Olderbak
Georgetown/Willows, LLC for a change of zone from
B-1 Local Business District and R-3 Residential
District to R-5 Residential District on property
generally located at South 70th Street and Van
Dorn Street. (Related Items: 11-155, 11R-244)
(Action Date: 10/17/11)
Fact Sheet (982K)
27) 11R-244 Special Permit 459A - Application of Olderbak
Georgetown/Willows, LLC, to amend the Georgetown
Apartments Community Unit Plan to increase the
number of apartment dwelling units from 115 to
160, with a request to adjust the parking
requirements, on property generally located at
South 70th Street and Van Dorn Street. (Related
Items: 11-155, 11R-244) (Action Date: 10/17/11)
Fact Sheet (715K)
28) 11-156 Change of Zone 11033 - Application of North Thirty
Third, LLC for a change of zone from I-1
Industrial District, I-3 Employment Center
District, B-2 Planned Neighborhood Business
District and R-5 Residential District to P Public
Use District; from B-2 Planned Neighborhood
Business District and R-3 Residential District to
R-5 Residential District; and from I-3 Employment
Center District, B-2 Planned Neighborhood Business
District, R-3 Residential District and R-5
Residential District to H-3 Highway Commercial
District, on property generally located at North
33rd Street and Folkways Boulevard.
Fact Sheet (1230K)
29) 11-157 Change of Zone 11035 - Application of R.I.P., Inc.
for a change of zone from R-3 Residential District
to R-5 Residential District on property generally
located at North 24th Street and Dodge Street.
(Related Items: 05-188, 11-157, 11R-246)
(Action Date: 10/17/11)
Fact Sheet (4866K)
30) 11R-246 Special Permit 11023 - Appeal of Landon's
Neighborhood Association and Regalton Neighborhood
Association from the Planning Commission's
conditional approval of its application for
authority to develop the Magic Hills Community
Unit Plan consisting of 96 dwelling units in four
buildings and a clubhouse, on property generally
located at North 24th Street and Dodge Street.
(Related Items: 05-188, 11-157, 11R-246)
(Action Date: 10/17/11)
Fact Sheet (1070K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
31) 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)
(9/19/11 - Removed from Pending to have Public
Hearing on 9/26/11, 3rd Reading with Action on
10/3/11)(MTA #1 PASSED 6-0; PASSED AS AMENDED 6-0;
#19627)
Fact Sheet (135K)
Attachment (42K)
Motion To Amend (7K)
32) 11-143 Creating and ordering construction of Sidewalk
Improvement District No. 96 in various
locations within the City and assessing the cost
against the benefitted property. (PASSED 4-2; CARROLL,
COOK, EMERY, ESKRIDGE ASSENTING; CAMP, HORNUNG
DISSENTING; #19628)
Fact Sheet (12K)
Attachment (8782K)
Motion To Amend 1 (6K)
33) 11-145 Amending Chapter 8.46 of the Lincoln Municipal
Code relating to Weed Abatement by adding a new
section numbered 8.46.005 to provide definitions
for certain words and phrases used in this
chapter; adding a new section numbered 8.46.015 to
designate the Lancaster County Weed Control
Authority as the agency to provide, execute and
operate a weed control program for and on behalf
of the City; repealing Section 8.46.020, City May
Cause Removal of Weeds; adding a new section
numbered 8.46.022, Notice of Weed Control
Activities, to provide procedures for providing
notice of control activity; adding a new section
numbered 8.46.024, Collection of Costs, to provide
for a notice of potential lien to be recorded in
real estate records; adding a new section numbered
8.46.026, Service of Notice, modify the method of
service of notices issued pursuant to this
chapter; adding a new section numbered 8.46.028,
Liens & Collections, to provide a procedure for
collection of costs and release of liens; amending
Section 8.46.030 to provide that the Weed Control
Authority report weed assessment costs to the City
Council; amending Section 8.46.040 to designate
the Weed Control Authority as the City's agent for
weed assessment collections; and adding a new
section numbered 8.46.045 to provide for appeals.
(PASSED 6-0; #19629)
Fact Sheet (19K)
RESOLUTION - ACTION ONLY
34) 11R-224 Approving an Agreement between the City of Lincoln
and Lancaster County for a Combined Weed Control
Program to provide for abatement and control of
noxious weeds, common weeds and worthless
vegetation within the limits of the City.
(9/12/11 - Placed on Pending to have Public
Hearing & Action on 10/3/11) (9/19/11 - To have
Public Hearing on 9/26 with Action on
10/3/11)(ADOPTED 6-0; A-86520)
Fact Sheet (113K)
Attachment (550K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (See Bill No. 05-188)(EXTENDED ONE WEEK, SEE ITEM 35)
35) 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)
(Request to remove from Pending to have P.H. on
10/10/11 w/11-157 & 11R-246)(REMOVED FROM PENDING
TO HAVE P.H. ON 10/10/11, 3RD READING W/ACTION ON
10/17/11, 6-0)
Fact Sheet (1465K)
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 (13K)
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)
Fact Sheet (647K)
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)
Fact Sheet (1367K)
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)
Fact Sheet (693K)
42) 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)
43) 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)
44) 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, OCTOBER 10, 2011, AT 3:00 P.M.
45) 11R-240 Approving appropriations in the amount of
$44,500.00 from the operation of Keno Lottery
Funds for various Human Services (Round 34).
Attachment (121K)
46) 11R-241 Appointing Jacquelyn Miller to the Lincoln-
Lancaster County Board of Health to fill an
unexpired term expiring April 15, 2014.
Attachment (86K)
47) 11R-242 Reappointing Amir Azimi, Thomas Christie, Amrita
Mahapatra, Annielyn Ocampo and Pearl Van Zandt to
the Multicultural Advisory Committee for three-
year terms expiring September 18, 2014.
48) 11R-243 Approving an amendment to the StarTran Rate
Schedule to increase the Low Income 31-Day Pass
and HandiVan Low Income 31-Day Pass Fares.
Fact Sheet (12K)
Attachment (918K)
49) 11R-245 Assessing Public Health Nuisance Abatement costs
associated with the clearing of public nuisances
by the Health Department to the following
benefitted properties: 2817 Holdrege, 2935 S.
48th, 1401 N. 14th, 4910 Adams, 1857 J, 844 Peach,
619 S. 55th, 2503 S, 1857 J, 1436 Rose, 4209
Touzalin, 448 N. 25th, 1715 N. 31st, 1410 Plum,
2954 N. 56th, 3117 Vine, 1762 N. 27th, 1828 N.
30th, 6415 Benton, 2908 Everett, 4910 Adams, 1802
S. 11th, 620 S. 20th, 1433 South, 2010 N. 32nd,
1405 C, 931 Sumner, 1520 N. 25th, 2408 S. 10th,
1138 Charleston, 6801 Benton, 6927 Aylesworth,
1434 N. 27th, 1113 New Hampshire, 2438 S. 10th,
6817 Burlington, 4821 S. 47th, 303 S. 25th, 1802
S. 11th, 504 N. 24th, 623 S. 19th, 1802 S. 11th,
6100 Logan, 1328 A, 1102 Plum, 1036 Y, PID 10-27-
410-005-000, 341 N. 33rd, 121 Bruce, 341 D, 1520
Van Dorn, 519 N. 35th, 6759 S. Bermuda, 7040
Eastborough, 911 Sumner, 1102 Plum, 1200 S. 16th.
Fact Sheet (99K)
Attachment (1536K)
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 OCTOBER ARE THE 10TH
AND 24TH.
ADJOURNMENT 6:19 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