City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, OCTOBER 24, 2011 AT 5:30 P.M.
ALL MEMBERS PRESENT
THE COUNCIL MEETING OF OCTOBER 31 WILL BEGIN AT 3:00 P.M.
YOUTH AMBASSADORS - ADDRESS TO CITY COUNCIL
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-253 Reappointing Rodney M. Confer as the City Attorney
for a two-year term effective November 1, 2011.
(ADOPTED, 7-0; A-86549)
2) 11R-254 Reappointing Britt C. Miller to the Community
Health Endowment Board for a term expiring
September 1, 2014. (ADOPTED, 7-0; A-86550)
3) 11R-255 Appointing James Crook to the Parks and Recreation
Advisory Board for a term expiring April 24, 2014.
(ADOPTED, 7-0; A-86551)
Attachment (68K)
4) 11R-257 Appointing DiAnna Schimek to the Utility Billing
Check Off Program for a term expiring May 31,
2012. (ADOPTED, 7-0; A-86552)
5) 11R-258 Appointing DiAnna Schimek to the Railroad
Transportation Safety District for a term expiring
May 31, 2012. (ADOPTED, 7-0; A-86553)
6) 11R-259 Appointing Doug Emery to the Lincoln-Lancaster
County Board of Health for a term expiring May 31,
2014. (ADOPTED, 7-0; A-86554)
7) 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. (ADOPTED, 7-0; A-86555)
Attachment (310K)
8) Lincoln Water & Wastewater recapitulation of daily
cash receipts for September 2011. (PLACED ON FILE)
9) Clerk's Letter & Mayor's Approval of Ordinances &
Resolutions passed on October 10, 2011.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
10) Setting the hearing date of Monday, November 14,
2011 at 3:00 p.m. for the application of Wicked
Smoke, Inc. dba Wicked Smoke for a Class D liquor
license at 1603 W. "O" Street.
(ADOPTED, 7-0; A-86556)
11) Setting the hearing date of Monday, November 14,
2011 at 3:00 p.m. for the application of Blue
Blood Brewing Company, Inc. dba Blue Blood Brewing
for a Class L liquor license at 500 W. South
Street, Suite 8. (ADOPTED, 7-0; A-86557)
12) PLACED ON FILE IN THE OFFICE OF THE CITY CLERK:
Administrative Amendment No. 11043 to Special
Permit No. 04049, Fisherman's Landing Community
Unit Plan, approved by the Planning Director on
October 13, 2011, requested by ESP, Inc., to
increase lot size and extend lots into the pool of
the pond, delete note 15, and add note 21
regarding a recreational easement over the pond,
on property generally located at S. 176th St. and
Firth Rd.
Administrative Amendment No. 11053 to
Special Permit No. 2022C, Pine Lake Heights South
Planned Service Commercial, approved by the
Planning Director on October 17, 2011, requested
by Olsson Associates, to update the site plan to
show Lot 4, Block 2 subdivided into two lots and
to update the land use table to reflect this
change, on property generally located at S. 27th
St. and Grainger Parkway.
13) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 11036 - Requested by
ESP, Inc., from R-2 Residential District to R-5
Residential District, on property generally
located at N. 40th Street and Turner Street.
Change of Zone No. 11037 - Requested by the
Director of Planning, from R-4 Residential
District to B-2 Planned Neighborhood Business
District, on property generally located at N. 84th
Street and Leighton Avenue.
Special Permit No. 11025 - Requested by ESP,
Inc., Beautiful Day Acres Community Unit Plan, for 16
single family attached units; 1 lot for 12 future
single family lots and 1 lot for 266 multi-family
units, with requests to waive the right-of-way
width from 60' to 58'on Frederick Street, storm
water detention facilities, and sanitary sewer
running opposite the street grades in Frederick
Street, Turner Street and N. 39th Street, and the
centerline grade more than one foot below the 50
year flood elevation, on property generally located
at N. 40th Street and Turner Street.
Use Permit No. 11003 - Requested by Liberty
First Credit Union for one commercial lot with
50,000 sq. ft. of commercial area proposed and one
outlot over an existing private roadway on
property generally located at N. 84th Street and
Leighton Avenue.
14) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
NONE
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required)
NONE
PUBLIC HEARING - RESOLUTIONS
15) 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. (ADOPTED, 7-0; A-86558)
Fact Sheet (13K)
Attachment (4864K)
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required) (ITEMS 16
THRU 19 HAD 1ST READING)
16) 11-161 Approving a Sales Agreement between the City of
Lincoln and the University of Nebraska Foundation,
on behalf of Educare Lincoln, for the sale of
approximately 90,000 sq. ft. of surplus City
property located southwest of the intersection of
North 14th Street and Manatt Street.
Fact Sheet (123K)
Attachment (2509K)
17) 11-162 Amending Ordinance 19589 passed August 8, 2011 for
the widening and reconstruction of Old Cheney Road
from 70th Street to 82nd Street to allow for the
design and construction of right-turn lanes at the
intersection of 70th Street and Old Cheney Road.
Fact Sheet (13K)
18) 11-163 Approving a Lease Agreement between the City of
Lincoln and Silver Properties LLC for a lease of
space for a five-year term for use by the Lincoln
Police Department.
Fact Sheet (90K)
Attachment (98K)
19) 11-164 Approving a Lease and Operating Agreement between
the City and the Board of Regents of UNL for lease
of space at the West Haymarket Arena.
Fact Sheet (75K)
Attachment (5M)
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
20) 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)
(ADOPTED, 7-0; A-86559)
Attachment (549K)
21) 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)
(PASSED, 7-0; #19639)
Fact Sheet (4066K)
22) 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) (ADOPTED, 7-0;
A-86560)
Fact Sheet (3595K)
23) 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.
(PASSED, 5-2; CARROLL, COOK, EMERY, ESKRIDGE,
SCHIMEK ASSENTING; CAMP, HORNUNG DISSENTING;
#19640)
Attachment (2838K)
Attachment (Option B) (2832K)
Attachment (Option C) (2828K)
PENDING LIST - DATE CERTAIN
24) 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)
25) 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)
26) 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)
27) 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)
28) 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)
29) 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)
30) 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)
PENDING LIST (EXTENDED ONE WEEK)
31) 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)
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)
WITH COUNCIL APPROVAL THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, OCTOBER 31, 2011, AT 3:00 P.M.
(APPROVED, 7-0)
40) 11R-266 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 1 - 15,
2011.
Fact Sheet (19K)
Attachment (14K)
41) 11R-261 Approving an Amendment to the Agreement between
the Nebraska Emergency Management Agency and the
City of Lincoln on behalf of the Lincoln Lancaster
County Health Department for the Lincoln
Metropolitan Medical Response System to extend the
term to February 28, 2012.
Fact Sheet (95K)
Attachment (744K)
42) 11R-262 Approving a Contract Agreement between the City of
Lincoln and the League of Human Dignity for the
annual requirements for Administration of
StarTran's Special Transportation Programs,
pursuant to Bid No. 11-204, for a two-year term
with the option to renew for one additional two-
year term.
Fact Sheet (122K)
Attachment (2M)
43) 11R-263 Approving a Contract Agreement between the City of
Lincoln and Plunkett's Pest Control for the annual
requirements for Pest Control Services at
StarTran, pursuant to Quote No. 3640, for a two-
year term with the option to renew for one
additional two-year term.
Fact Sheet (120K)
Attachment (5M)
44) 11R-264 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.
Fact Sheet (13K)
Attachment (884K)
45) 11R-265 Approving the award of contract to the low bidder
for the Agreement between the City of Lincoln and
the State of Nebraska Department of Roads for
countdown-style pedestrian signal heads. City
Project No. 701076. State Project No. HSIP
5239(7), CN 12927.
Fact Sheet (13K)
Attachment (254K)
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 5:59 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