City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 17, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT COOK
NOTICE: THE COUNCIL MEETING OF OCTOBER 24 WILL BEGIN AT 5:30 P.M.
THE COUNCIL MEETING OF OCTOBER 31 WILL BEGIN AT 3:00 P.M.
THE FOLLOWING RESOLUTION WILL HAVE
PUBLIC HEARING ON TUESDAY, OCTOBER 18, 2011, AT 5:00 P.M.
AT A JOINT MEETING BEFORE THE CITY COUNCIL & COUNTY BOARD
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 tentatively scheduled
for October 31, 2011 at 3:00 p.m.
Fact Sheet (15M)
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) Setting the hearing date of Monday, November 14,
2011, at 3:00 p.m. for the Board of Equalization
on the Downtown Business Improvement District,
the Core Business Improvement District Overlay
and the Downtown Maintenance District
assessments. (Requires a Motion)
(APPROVED, 6-0)
2) 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. (ADOPTED, 4-2;
CARROLL, EMERY, ESKRIDGE, SCHIMEK ASSENTING;
CAMP, HORNUNG DISSENTING; A-86534)
3) Report of Settlement Agreement under Neb. Rev.
Stat. 84-713. (non tort claims)
(PLACED ON FILE)
Tort Claim
4) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 3, 2011. (PLACED ON FILE)
PETITIONS & COMMUNICATIONS
5) Setting the hearing date of Monday November 7,
2011 at 3:00 p.m. for the application of Kinja,
Inc. dba Kinja Sushi & Japanese Cuisine for a
Class I liquor license located at 4141 Pioneer
Woods Drive, Suite F. (ADOPTED, 6-0; A-86535)
6) Setting the hearing date of Monday, November 7,
2011 at 3:00 p.m. for the application of
Grayson, Inc. dba 501 West A Bar & Grill for the
addition of catering to their existing Class I
liquor license located at 501 West A Street,
Suite 104. (ADOPTED, 6-0; A-86536)
7) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11050 to
Change of Zone No. 2128D approved by the
Planning Director on October 4, 2011 requested
by Russ's Market to remove the building
envelope/footprint and allow the buildable area
to be anywhere within the required setbacks west
of the eastern most parking lot as shown on the
site plan. The area east of the eastern most
parking lot will remain an unbuildable area per
intent of the approved Planned Unit Development.
Property is generally located at S. 33rd St. and
Highway 2.
Administrative Amendment No. 11046 to
Pre-Existing Use Permit No. 38 approved by the
Planning Director on October 7, 2011 requested
by Archi-Etc., LLC. to add approximately 2,000
square feet to the existing Southeast Rural Fire
Station on property generally located at
Holdrege St. and Eagle Crest Rd.
8) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
9) Application of Parker's Rib Ranch, Inc. dba
Parker's Smokehouse for the addition of a
catering license to its Class I liquor license
at 6440 O Street. (ADOPTED FOR APPROVAL, 6-0;
A-86537)
10) Application of WMJD LLC dba Single Barrel for a
Class CK liquor license at 130 North 10th
Street. (ADOPTED FOR APPROVAL, 6-0; A-86538)
11) Manager application of Heath A. Macomber for
WMJD LLC dba Single Barrel at 130 North 10th
Street. (ADOPTED FOR APPROVAL, 6-0; A-86539)
12) Application of Hy-Vee, Inc. dba Hy-Vee #1 for a
Class CK liquor license at 5010 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-86540)
13) Manager application of Scott A. Schlatter for
Hy-Vee, Inc. dba Hy-Vee #1 at 5010 O Street.
(ADOPTED FOR APPROVAL, 6-0; A-86541)
14) Application of Nebraska CVS Pharmacy, LLC dba
CVS Pharmacy #4033 for a Class D liquor license
at 5611 South 27th Street. (ADOPTED FOR
APPROVAL, 6-0; A-86542)
15) Manager application of Don D. Westerlin for CVS
Pharmacy, LLC dba CVS Pharmacy #4033 at 5611
South 27th Street. (ADOPTED FOR APPROVAL,
6-0; A-86543)
16) Application of Lincoln South, LLC dba Pepper Jax
Grill for a Class A liquor license at 2801 Pine
Lake Road. (ADOPTED FOR APPROVAL, 6-0;
A-86544)
17) Manager application of Erin D. Duensing for
Lincoln South, LLC dba Pepper Jax Grill at 2801
Pine Lake Road. (ADOPTED FOR APPROVAL, 6-0;
A-86545)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 18
THRU 21 HAD 2ND READING)
18) 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)
19) 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)
20) 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)
21) 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)
PUBLIC HEARING - RESOLUTIONS
22) 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. (ADOPTED, 6-0; A-86546)
Fact Sheet (14K)
Attachment (23K)
23) 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. (ADOPTED, 6-0; A-86547)
Fact Sheet (13K)
Attachment (1315K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
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. (PASSED, 6-0; #19635)
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. (PASSED, 5-1; CARROLL, EMERY,
ESKRIDGE, HORNUNG, SCHIMEK ASSENTING; CAMP DISSENTING;
#19636)
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)
(PASSED, 6-0; #19637)
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) (ADOPTED, 6-0; A-86548)
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.
(PASSED, 6-0; #19638)
Fact Sheet (1230K)
PENDING LIST - DATE CERTAIN
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: 11-157, 11R-246, 05-188)
(Action Date: 10/17/11) (10/10/11 - P.H. con't.
4 wks. to 11/7/11 w/Action on 11/14/11)
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:11-157, 11R-246, 05-188) (Action Date:
10/17/11) (10/10/11 - P.H. con't. 4 wks.
to 11/7/11 w/Action on 11/14/11)
Fact Sheet (1070K)
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) (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) (10/10/11 - P.H. con't.
4 wks. to 11/7/11 w/Action on 11/14/11)
Fact Sheet (1465K)
32) 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)
(10/10/11 - Action Delayed 4 wks to 11/7/11)
Fact Sheet (13K)
Attachment (4677K)
33) 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) (10/10/11 -
Action Delayed 4 wks to 11/7/11)
Fact Sheet (1020K)
Attachment (404K)
34) 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) (10/10/11
- Action Delayed 4 wks to 11/7/11)
Fact Sheet (2189K)
PENDING LIST (EXTENDED ONE WEEK)
35) 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)
36) 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)
37) 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)
38) 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)
39) 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)
40) 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)
41) 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)
42) 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)
43) 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 24, 2011, AT 5:30 P.M.
(APPROVED, 6-0)
44) 11R-253 Reappointing Rodney M. Confer as the City
Attorney for a two-year term effective November
1, 2011.
45) 11R-254 Reappointing Britt C. Miller to the Community
Health Endowment Board for a term expiring
September 1, 2014.
46) 11R-255 Appointing James Crook to the Parks and
Recreation Advisory Board for a term expiring
April 24, 2014.
Attachment (68K)
47) 11R-256 Approving the use of public right-of-way by
Molex, Inc. for the installation of private
conduit for fiber optic cable along West Bond
Street and West Bond Circle west and east of
Northwest 12th Street.
Fact Sheet (13K)
Attachment (4864K)
48) 11R-257 Appointing DiAnna Schimek to the Utility Billing
Check Off Program for a term expiring May 31,
2012.
49) 11R-258 Appointing DiAnna Schimek to the Railroad
Transportation Safety District for a term
expiring May 31, 2012.
50) 11R-259 Appointing Doug Emery to the Lincoln-Lancaster
County Board of Health for a term expiring May
31, 2014.
51) 11R-260 Appointing Dr. Charles Wilson, Tom Beckius,
Loren Mestre-Roberts and Dr. Michael Molvar to
the Community Health Endowment Board for terms
expiring September 1, 2014, September 1, 2014,
September 1, 2014, and September 1, 2012,
respectively.
Attachment (310K)
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 4:02 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