City of Lincoln
City Council Office
City Council Office
lincoln.ne.gov
ACTION FROM THE REGULAR CITY COUNCIL MEETING HELD
MONDAY, NOVEMBER 7, 2011 AT 3:00 P.M.
ALL MEMBERS PRESENT EXCEPT CAMP
THERE WILL BE NO MEETING THE WEEK OF NOVEMBER 28
IN OBSERVANCE OF THANKSGIVING HOLIDAY
MAYOR'S AWARD OF EXCELLENCE
FOR THE MONTH OF OCTOBER 2011 WAS PRESENTED TO
ELLEN WRIGHT, ENVIRONMENTAL HEALTH EDUCATOR
FOR THE WATERSHED MANAGEMENT DIVISION
OF THE PUBLIC WORKS & UTILITIES DEPARTMENT IN THE
CATEGORIES OF CUSTOMER RELATIONS AND PRODUCTIVITY
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) Affidavit of Mailing for Board of Equalization
Meeting for Downtown Business Improvement
District, Core Business Improvement District
Overlay & Downtown Maintenance District to be
held on Monday, November 14, 2011 at 3:00 p.m.
(PLACED ON FILE)
2) Assessment Resolution for Downtown Business
Improvement District for Board of Equalization
to be held on Monday, November 14, 2011 at 3:00
p.m. (ADOPTED, 6-0; A-86569)
3) Assessment Resolution for Downtown Maintenance
District for Board of Equalization to be held on
Monday, November 14, 2011 at 3:00 p.m.
(ADOPTED, 6-0; A-86570)
4) Assessment Resolution for Downtown Core Business
Improvement District Overlay for Board of
Equalization to be held on Monday, November 14,
2011 at 3:00 p.m. (ADOPTED, 6-0; A-86571)
5) Resolution approving the distribution of funds
representing interest earnings on short-term
investments of Idle Funds during the month ended
September, 2011. (ADOPTED, 6-0; A-86572)
6) Clerk's Letter and Mayor's Approval of
Resolutions and Ordinances passed by the City
Council on October 24, 2011. (PLACED ON FILE)
7) Report from City Treasurer of City Cash on hand
at the close of business September 30, 2011.
(PLACED ON FILE)
PETITIONS & COMMUNICATIONS
8) Setting the hearing date of Monday November 14,
2011 at 3:00 p.m. for the application of C & RV,
LLC dba Misty's for a Class C liquor license
located at 3930 Village Drive.
(ADOPTED, 6-0; A-86573)
9) REFERRALS TO THE PLANNING DEPARTMENT:
Change of Zone No. 11039 - Requested by
Mark Hunzeker from O-3 Office Park District and
R-3 Residential District to B-2 Planned
Neighborhood Business District on property
generally located at S. 70th Street and A
Street.
Special Permit No. 11028 - Requested by
Daryl Baier for the expansion of a nonconforming
use on property generally located at S. 4th
Street and G Street (345 G Street).
10) MISCELLANEOUS REFERRALS - NONE
- END CONSENT AGENDA -
PUBLIC HEARING
LIQUOR RESOLUTIONS
11) Application of Pershing Center for a special
designated license for an area measuring 200
feet by 60 feet to the south and 280 feet by 60
feet to the north of the licensed premises at
226 Centennial Mall South on November 25, 2011
from 8:00 a.m. to 11:00 a.m. (ADOPTED FOR APPROVAL,
6-0; A-86574)
12) Application of Grayson Inc. dba 501 West A Bar &
Grill for the addition of a catering license to
its Class I liquor license at 501 West A Street.
(ADOPTED FOR APPROVAL, 6-0; A-86575)
13) Application of Kinja Inc. dba Kinja Sushi &
Japanese Cuisine for a Class I liquor license at
4141 Pioneer Woods Drive, Suite F.
(ADOPTED FOR APPROVAL, 6-0; A-86576)
14) Manager application of Hyang Kim for Kinja Inc.
dba Kinja Sushi & Japanese Cuisine at 4141
Pioneer Woods Drive, Suite F.
(ADOPTED FOR APPROVAL, 6-0; A-86577)
PUBLIC HEARING
ORDINANCES - 2ND READING & RELATED RESOLUTIONS (as required) (ITEMS 15
THRU 22 HAD 2ND READING)
15) 11-165 Amending Chapter 2.62 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.62.120 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.62.230 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
Fact Sheet (102K)
16) 11-166 Amending Chapter 2.65 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.65.120 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.65.220 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
Fact Sheet (108K)
17) 11-167 Amending Chapter 2.66 of the Lincoln Municipal
Code relating to the Police and Fire Pension
Plans A, B and C, respectively, by amending
Section 2.66.095 relating to Trustee to Trustee
Transfers to provide, in the case of an eligible
rollover distribution, for separate accounting
for taxable and non-taxable amounts and amending
Section 2.66.200 relating to Qualified
Retirement Plan to provide that a member shall
be 100% vested upon attainment of requirements
for an age and service retirement and to provide
that a deceased member's military service be
counted for vesting purposes.
Fact Sheet (101K)
18) 11-168 Repealing Chapter 8.12 of the Lincoln Municipal
Code relating to Small Family Child Care Home.
Fact Sheet (117K)
19) 11-171 Approving a Sublease Agreement Amendment #1 to
renew an existing Sublease between the city on
behalf of the Lincoln Police Department & the
State of Nebraska on behalf of the Nebraska
State Patrol for a five year term.
Fact Sheet (44K)
Attachment (3071K)
20) 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)
21) 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)
22) 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)
PUBLIC HEARING - RESOLUTIONS
NONE
- END PUBLIC HEARING -
ORDINANCES - 1ST READING & RELATED RESOLUTIONS (as required)
NONE
ORDINANCES - 3RD READING & RELATED RESOLUTIONS (as required)
23) 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. (PASSED, 6-0; #19641)
Fact Sheet (123K)
Attachment (2509K)
24) 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. (PASSED, 5-1; COOK, EMERY,
ESKRIDGE, HORNUNG, SCHIMEK ASSENTING;
CARROLL DISSENTING; #19642)
Fact Sheet (13K)
25) 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. (PASSED, 6-0; #19643)
Fact Sheet (90K)
Attachment (98K)
26) 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.
(PASSED, 6-0; #19644)
Fact Sheet (75K)
Attachment (5M)
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)
(MTA #2 ADOPTED, 6-0; ADOPTED AS AMENDED, 6-0;
A-86578)
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) (PASSED, 6-0; #19645)
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)
(PASSED, 6-0; #19646)
Fact Sheet (2189K)
PENDING LIST - DATE CERTAIN
NONE
PENDING LIST (EXTENDED ONE WEEK)
30) 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)
31) 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)
32) 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)
33) 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)
34) 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)
35) 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)
36) 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)
37) 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)
38) 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, NOVEMBER 14, 2011, AT 3:00 P.M.
(APPROVED, 6-0)
39) 11R-267 Appointing Michael DeKalb to the StarTran
Advisory Board to fill an unexpired term
expiring October 20, 2012.
Attachment (74K)
40) 11R-268 Reappointing Stephen Speicher to the StarTran
Advisory Board for a three-year term expiring
October 20, 2014.
Attachment (841K)
41) 11R-269 Accepting the report of new and pending claims
against the City and approving disposition of
claims set forth for the period of October 16 -
31, 2011.
Fact Sheet (14K)
Attachment (20K)
42) 11R-270 Approving a Contract for Services between the
City of Lincoln and Cada, Froscheiser, Cada and
Hoffman for collection litigation service with
regard to debt collection for Lincoln Fire and
Rescue with a contingent fee for a four year
term and reporting a conflict in that Ed
Hoffman, a partner in said law firm, is married
to City of Lincoln employee Pam Hoffman, a
Senior Office Assistant in the Risk Management
Division.
Fact Sheet (18K)
Attachment (465K)
43) 11R-271 Comp. Plan Conformance 11010 - Adopting and
approving the "Yolande Avenue Redevelopment
Plan" for approximately 96.6 acres comprised
predominantly of commercial and industrial land
uses generally located between Cornhusker
Highway and Salt Creek from approximately North
14th Street to approximately North 24th Street.
Fact Sheet (241K)
Attachment (1970K)
44) 11R-272 Re-adopting the Water System Impact Fee
Schedule, Water Distribution Impact Fee
Schedule, Wastewater Impact Fee Schedule,
Arterial Street Impact Fee Schedule, and
Neighborhood Park and Trail Impact Fee Schedule
without any adjustment for inflation for 2012.
Fact Sheet (18K)
45) 11R-273 Approving a Preliminary Engineering and National
Environmental Policy Act (NEPA) Services
Agreement between the City of Lincoln and Alfred
Benesch & Company setting out the various duties
and fees for the Federal Aid Safety Project at
Coddington Avenue and West Van Dorn Street.
Fact Sheet (12K)
Attachment (3787K)
46) 11R-274 Approving a Service Agreement for Golf
Professionals between the City of Lincoln on
behalf of the Lincoln Parks and Recreation
Department and Timothy Rowland for the operation
of Pioneers Golf Course for a three and one-half
year period with the option to renew for one
additional three-year term.
Fact Sheet (142K)
Attachment (988K)
47) 11R-278 Approving a Service Agreement for Golf
Professionals between the City of Lincoln on
behalf of the Lincoln Parks and Recreation
Department and Timothy Rowland for the operation
of Holmes Golf Course for a One and one-half
year period.
Fact Sheet (120K)
48) 11R-275 Approving a Service Agreement for Golf
Professionals between the City of Lincoln on
behalf of the Lincoln Parks and Recreation
Department and Denis M. Vontz for the operation
of Highlands Golf Course and Mahoney Golf Course
for a three and one-half year period with the
option to renew for one additional three-year
term.
Fact Sheet (111K)
Attachment (1045K)
49) 11R-276 Approving the reappointment of Dick Esseks to
the Lincoln-Lancaster County Planning Commission
for a six-year term expiring on August 24, 2017.
50) 11R-277 Approving the appointment of Chris Hove and Greg
Butcher to the Lincoln-Lancaster County Planning
Commission for terms to expire on August 24,
2017; and, approving the appointment of Ken
Weber to the Lincoln-Lancaster County Planning
Commission for a term to expire on September 24,
2013.
Attachment (281K)
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. THERE WILL ONLY
BE ONE OPEN MICROPHONE SESSION DURING THE MONTH OF
NOVEMBER WHICH WILL BE ON NOVEMBER 21ST AT 5:30 P.M.
ADJOURNMENT 4:30 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