City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 10, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT
OATH OF OFFICE - DIANNA SCHIMEK -TOOK OATH OF OFFICE
MAYOR'S AWARD OF EXCELLENCE FOR THE MONTH OF SEPTEMBER 2011
WAS PRESENTED TO A TEAM FROM THE POLICE DEPARTMENT AND
THE BUILDING & SAFETY DEPARTMENT
IN THE CATEGORY OF PRODUCTIVITY.
THE TEAM INCLUDES SERGEANT LARRY BARKSDALE,
POLICE OFFICER MATTHEW FRANKEN, POLICE CRIMINAL INVESTIGATION SECTION AND
FIRE INVESTIGATOR, KENNETH HILGER, BUILDING & SAFETY FIRE PREVENTION DIVISION.
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-241 Appointing Jacquelyn Miller to the Lincoln-
Lancaster County Board of Health to fill an
unexpired term expiring April 15, 2014. (ADOPTED
7-0; A-86524)
Attachment (86K)
2) 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. (ADOPTED
7-0; A-86525)
3) Lincoln Water & Wastewater recapitulation of daily
cash receipts for August 2011. (PLACED ON FILE)
4) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on September 26, 2011. (PLACED
ON FILE)
5) Approving the distribution of funds representing
interest earning on short-term investments of IDLE
FUNDS for the month ended August 31, 2011.
(ADOPTED 7-0; A-86526)
PETITIONS & COMMUNICATIONS
6) REFERRAL TO THE PLANNING DEPARTMENT:
Special Permit No. 11024 - Requested by
Jeff and Cathleen Plager, for an early childhood
care facility, on property legally described as
Lot 7, Block 5, High Ridge Acres, located in
Section 31-10-6, Lancaster County, Nebraska,
generally located at 1941 W. Peach Circle.
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11048 to Change
of Zone No. 2938C, University of Nebraska
Technology Park Special Sign District, approved by
the Planning Director on September 28, 2011,
requested by The University of Nebraska
Foundation, to revise Section 3.1, Wall Signs; to
delete NW. 1st St. Building ID Signs and to add a
new Section 3.3 for Ground Building ID Sign for
University of Nebraska Technology Park Special Sign
District on property generally located at NW. 1st St.
and Highland Blvd.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of R & W BBQ, Inc. dba Dickey's
Barbecue Pit for a Class A liquor license at 2662
Cornhusker Highway, Suite 9. (ADOPTED FOR APPROVAL
7-0; A-86527)
10) Manager application of William R. Carter for R & W
BBQ, Inc. dba Dickey's Barbecue Pit at 2662
Cornhusker Highway, Suite 9. (ADOPTED FOR APPROVAL
7-0; A-86528)
11) Application of Whitemark Energy, LLC dba U-Stop
#26 for a Class D liquor license at 8350
Northwoods Drive. (ADOPTED FOR APPROVAL 7-0; A-86529)
12) Manager application of Jeffery J. Scott for
Whitemark Energy, LLC dba U-Stop #26 at 8350
Northwoods Drive. (ADOPTED FOR APPROVAL 7-0; A-86530)
PUBLIC HEARING ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 13
THRU 17 HAD 2ND READING; SEE ITEMS 18 THRU 20)
13) 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.
14) 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.
15) 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)
16) 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)
17) 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)
18) 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: 11-157, 11R-246, 05-188)
(Action Date: 10/17/11)(P.H. CON'T TO 11/7/11
W/ACTION ON 11/14/11; 7-0)
Fact Sheet (4866K)
19) 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:11-157, 11R-246, 05-188)
(Action Date: 10/17/11)(P.H. CON'T TO 11/7/11
W/ACTION ON 11/14/11; 7-0)
Fact Sheet (1070K)
20) 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) (10/3/11 - To have
P.H. on 10/10/11, w/Action on 10/17/11)
(Related Items: 11-157, 11R-246, 05-188)
(Action Date: 10/17/11)(P.H. CON'T TO 11/7/11
W/ACTION ON 11/14/11; 7-0)
Fact Sheet (1465K)
PUBLIC HEARING - RESOLUTIONS
21) 11R-240 Approving appropriations in the amount of
$44,500.00 from the operation of Keno Lottery
Funds for various Human Services (Round 34).
(ADOPTED 7-0; A-86531)
Attachment (121K)
22) 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.
(ADOPTED 6-1; CAMP, CARROLL, COOK, EMERY,
ESKRIDGE, SCHIMEK ASSENTING; HORNUNG
DISSENTING; A-86532)
Fact Sheet (12K)
Attachment (918K)
23) 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.
(ADOPTED 7-0; A-86533)
Fact Sheet (99K)
Attachment (1536K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 24
THRU 27 HAD 1ST READING)
24) 11R-251 Approving the Development and Conditional Zoning
Agreement for Holdrege Street and Idylwild Drive
between Kappa Foundation and the City of Lincoln
for a change of zone from R-2 Residential District
to R-6 Residential District for a fraternity not
compatible with the adjacent neighborhood, on
property generally located at Holdrege Street and
Idylwild Drive. (Related Items: 11R-251, 11-159,
11R-249) (Action Date: 10/24/11)
Attachment (549K)
25) 11-159 Change of Zone 11032 - Application of Kappa
Foundation for a change of zone from R-2
Residential District to R-6 Residential District
on property generally located at Holdrege Street
and Idylwild Drive. (Related Items: 11R-251,
11-159, 11R-249) (Action Date: 10/24/11)
Fact Sheet (4066K)
26) 11R-249 Special Permit 11021 - Application of Kappa
Foundation to allow parking lot in the R-2
Residential District on property generally located
at Idylwild Drive and Starr Street. (Related
Items: 11R-251, 11-159, 11R-249) (Action Date:
10/24/11)
Fact Sheet (3595K)
27) 11-160 Approving revised district boundaries of the City
for the four City Council districts in compliance
with Article IV, Section 2(a) of the Home Rule
Charter of the City of Lincoln.
Attachment (2838K)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
28) 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.
(PASSED 7-0; #19630)
Fact Sheet (90K)
29) 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. (PASSED 6-1; CAMP, CARROLL,
COOK, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
HORNUNG DISSENTING; #19631)
Fact Sheet (138K)
30) 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. (PASSED 7-0; #19632)
Fact Sheet (138K)
31) 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 DELAYED
4 WEEKS TO 11/7/11; 7-0)
Fact Sheet (13K)
Attachment (4677K)
32) 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 DELAYED 4 WEEKS TO
11/7/11; 7-0)
Fact Sheet (1020K)
Attachment (404K)
33) 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 DELAYED 4 WEEKS TO 11/7/11; 7-0)
Fact Sheet (2189K)
34) 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. (PASSED 7-0; #19633)
Fact Sheet (100K)
Attachment (398K)
35) 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. (PASSED 7-0; #19634)
Fact Sheet (93K)
Attachment (59K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (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 (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 17, 2011, AT 3:00 P.M.
(APPROVED 7-0)
45) 11R-247 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of September 16 -
30, 2011.
Fact Sheet (14K)
Attachment (23K)
46) 11R-248 Approving an Inter-Governmental Agreement between
the Nebraska Department of Environmental Quality
(NDEQ) and the City of Lincoln regarding the
implementation of the Section 319 Project Entitled
North Star Wetland Enhancement and Education
Project.
Fact Sheet (13K)
Attachment (1315K)
47) 11R-252 Certifying the appointment of Eugene Carroll to
the West Haymarket Joint Public Agency Board of
Representatives for a four year term or for so
long as such representative serves in his position
as City Council Member.
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTION WILL HAVE
PUBLIC HEARING ON TUESDAY, OCTOBER 18, 2011, AT 5:00 P.M.
(APPROVED 7-0)
48) 11R-250 Approving the 2040 Lincoln - Lancaster County
Comprehensive Plan. Hearing before the Joint
Lincoln City Council and Lancaster County Board of
Commissioners on October 18, 2011 at 5:00 p.m.,
with action by the City Council on October 31,
2011 at 3:00 p.m. (Action Date: 10/31/11, 3:00 p.m.)
Fact Sheet (15362K)
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 4:12 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